[Amended 11-13-1985 by Ord. No. 46-1985; 7-9-1986 by Ord. No. 28-1986; 10-12-1988 by Ord. No. 37-1988; 4-27-1994 by Ord. No. 12-1994; 12-27-2000 by Ord. No. 54-2000]
As used in this article the following terms
shall have the meanings indicated:
A limousine.
Includes any automobile or motor car used in the business
of carrying passengers for hire to provide prearranged passenger transportation
at a premium fare on a dedicated, nonscheduled, charter basis that
is not conducted on a regular route and with a seating capacity in
no event of more than 14 passengers, not including the driver, provided
that such a vehicle shall not have a seating capacity in excess of
four passengers, not including the driver, beyond the maximum passenger
seating capacity of the vehicle, not including the driver, at the
time of manufacture. Nothing in this definition shall be construed
to include taxicab, hotel buses or buses regulated by the New Jersey
Department of Transportation.
[Added 12-27-2000 by Ord. No. 54-2000]
Includes the business of carrying passengers for hire by
limousine.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Includes any street, avenue, park, parkway, highway, boulevard
or other public place.
There are hereby established two classes of
limousine licenses, to be known as "limousine owner's license" and
"limousine driver's license."
A.
Limousine owner's license. A limousine owner's license
shall entitle the limousine therein described to be operated anywhere
within this Township by a driver duly licensed hereunder, until such
license either expires or is surrendered, suspended or revoked, and
shall not be transferable. There shall be no limit to the number of
limousine owner's licenses issued.
B.
Limousine driver's license. A limousine driver's license
shall entitle the person named therein to operate within this Township
any limousine duly licensed hereunder, until the license either expires
or is surrendered, suspended or revoked, and shall not be transferable.
There shall be no limit to the number of limousine driver's licenses
issued.
No person shall hire out, keep or use for hire
or pay, or to be kept or used for hire or pay, any limousine within
the Township without first having obtained an owner's license for
that purpose, as provided by this chapter.
B.
Each application for an limousine driver's license
shall, in addition to the requirements of any law of the state, establish,
to the satisfaction of the Licensing Officer, that such applicant:
(1)
Is currently licensed by the New Jersey Department
of Motor Vehicles and maintains a valid license by the standards set
forth:
(a)
The latest offense was of such a nature that
it revealed an unreasonable disregard by the licensee for the safety
and welfare of himself or others.
(b)
The number and seriousness of the offenses contained
in the prior driving record of the licensee reveal a pattern or patterns
of unreasonable disregard by the licensee for the safety and welfare
of himself or others.
(c)
The nature and extent of the driving record
of the licensee establish a substantial risk that licensee will commit
another offense.
(2)
Is at least 18 years of age.
(3)
Is a legal resident of the United States.
(4)
Submits a certificate from a licensed physician of
the State of New Jersey, at the applicant's expense, certifying that
the applicant has been examined within the preceding 30 days and that
such applicant has no infirmity of body or mind, or visual impairment
or deficiency, which might render the applicant unfit for the safe
operation of a limousine.
(5)
Submits to a traffic violations check for the preceding
five years to be conducted by the Township and that he or she has
sufficient knowledge of the Township's traffic regulations.
(6)
Submits two recent photographs, being not less than
1 1/4 inches in height by one inch in length, of the applicant,
with the application.[1]
[1]
Editor's Note: Former Subsection B(7), regarding
a working knowledge of the English language, which immediately followed
this subsection, was repealed 12-27-2000 by Ord. No. 54-2000.
A.
No license required by § 203-12 shall be issued or renewed unless the limousine sought to be licensed has been thoroughly and carefully inspected by the Police Department and a certificate issued that the same is found to be in a safe, comfortable condition for the transportation of passengers, of good appearance and well painted.
The owner of the limousine shall execute and deliver to the Division of Motor Vehicles, concurrently with the filing of a certificate of insurance pursuant to § 203-12A(1) a power of attorney, wherein and whereby the owner shall appoint the Director of the Division of Motor Vehicles his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
A.
Insurance requirements.
(1)
No limousine shall be operated wholly or partly along
any street in this Township until the owner of the limousine shall
have filed with the Licensing Officer, if the owner has his/her principal
place of business within this Township, a certificate of insurance,
by a company duly licensed to transact business under the insurance
laws of this state, in the sum of $1.5 million against loss by reason
of the liability imposed by law upon every limousine for damages on
account of bodily injury or death suffered by a person as a result
of an accident occurring by reason of the ownership, maintenance or
use of the limousine upon any public street.
(2)
If the owner has his or her principal place of business
in another municipality, then a copy of the certificate of insurance
filed with such municipality shall be filed with the Licensing Officer.
(3)
The operation shall be permitted only so long as the
insurance policy remains in full force and effect as to the full and
collectible amount of $1.5 million. A limousine owner, or anyone on
its behalf, shall not undertake to cancel or have canceled any such
policy without first giving the Licensing Officer 10 days' notice
of the intention to do so. No such policy shall be filed by the Licensing
Officer unless such policy shall contain a provision to the effect
that the Licensing Officer shall be afforded at least 10 days' notice
of the intention of the insurance company which issued such policy
to cancel same.
(4)
The insurance policy shall provide for the payment
of any final judgment recovered by any person on account of the ownership,
maintenance and use of such limousine upon any public street or any
fault in respect thereto and shall be for the benefit of every person
suffering loss, damage or injury as aforesaid.
B.
Issuance of certificate for operation.
(1)
The Licensing Officer, upon the filing of the required
application, certificate of insurance and power of attorney, shall
issue a certificate, in duplicate, showing that the owner of the limousine
service has complied with the terms and provisions of this chapter.
(2)
The certificate shall state the name of the insurance
company, the number and date of expiration of the policy and a description
and the registration number of each limousine service insured thereunder.
The duplicate certificate shall be filed with the Division of Motor
Vehicles before any such vehicle is registered as a limousine service.
(3)
A limousine shall not be operated by anyone for service
within the Township unless the driver thereof has been issued a valid
limousine driver's license.
