[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park 11-22-1994 by Ord. No. 1203. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of Palisades Park.
- The Mayor and Council of the Borough of Palisades Park.
- Any person who drives a limousine within the Borough.
- Licensed in accordance with the appropriate sections of this chapter, unless otherwise stated.
- Any automobile or motor car, with the capacity of five but fewer than 10 passengers plus driver, engaged in the business of carrying passengers for hire, and which is hired by charter or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger; provided, however, that the term "limousine" shall not include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or auto buses which are subject to the jurisdiction of the Board of Public Utility Commissioners or interstate auto buses required by federal law or the rules of the Board of Public Utility Commissioners to carry insurance against loss from liability imposed by law on account of bodily injury or death. Furthermore, "limousine" shall not be deemed to include a vehicle utilized for the pickup and discharge of passengers within the Borough of Palisades Park. A vehicle used for that purpose shall be deemed a taxicab.
- NUMBER OF OWNERS LICENSES
- The total number of limousine owners licenses that may be issued and outstanding at one time is hereby fixed at 15 as of November 11, 1994. However, as licenses are retired or are not renewed, they shall not be replaced and the total number of licenses shall be gradually reduced to five.
- OPERATION OF A LIMOUSINE
- Consists of accepting and transporting in such limousine one or more persons for hire from a point within the Borough. The operation of a limousine by one other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving the same. "Operation" shall also be deemed to include parking, storing or otherwise maintaining said vehicle within the borders of the Borough of Palisades Park.
- Any person, corporation or association in whose name title to any limousine is registered with the New Jersey Department of Motor Vehicles or who appears in such records to be the conditional vendee or lessee thereof.
[Amended 6-20-2000 by Ord. No. 1350]
No limousine shall be operated within the Borough unless both limousine and driver thereof are licensed pursuant to this chapter and Title 48 of the New Jersey State Statutes.
Any owner of a limousine(s) having a principal place of business in the Borough of Palisades Park must be licensed in accordance with this chapter.
There are hereby established two classes of limousine licenses to be known as "limousine driver's license" and "limousine owner's license," respectively.
A limousine driver's license shall entitle the person named therein to operate within the Borough of Palisades Park any limousine duly licensed hereunder until the license either expires or is surrendered, suspended or revoked and shall not be transferable.
A limousine owner's license shall entitle the limousine therein described to be operated in this Borough by a driver duly licensed hereunder until the license either expires or is surrendered, suspended or revoked and shall not be transferable.
Any license issued pursuant to the terms of this chapter shall expire at 12:00 midnight on March 31 of the year in which it was issued unless sooner surrendered, suspended or revoked.
All applications for the issuance or the renewal of any license of either class shall be made to the Council on forms to be obtained from the Borough Clerk and designed to elicit information respecting the identification, responsibility and law-abiding habits of the applicant.
Each applicant for a license of any class shall supply the information requested on the application in full and verify the correctness thereof by his oath or affirmation and thereafter file the completed application with the Borough Clerk, together with the full amount of the proper fee hereinafter fixed therefor.
All applications for the issuance or renewal of a limousine owner's license shall be made in writing, in duplicate, and shall contain the full name and address of the owner, the serial number, type, color, year and make of the limousine, the number of persons it is to carry and a detailed description of the manner in which all vehicles shall be parked or otherwise stored in accordance with the provisions of this chapter. Any and every change of address of the owner shall be reported to the Borough Clerk within three days after such change.
Every person obtaining a limousine owner's license shall be at least 18 years of age and, if operating more than one vehicle with the owner's license, shall have a regularly registered business office located within the Borough of Palisades Park in compliance with all local building and zoning ordinances and shall therein have a telephone operating.
No limousine owner's license shall be issued until the limousine has been thoroughly inspected by the Police Department and found to be in a safe, clean and sanitary condition for the transportation of passengers.
No limousine licensed under this chapter shall be maintained or operated on the streets of the Borough except by a driver licensed in accordance with the provisions of this section.
No limousine owner's license shall be issued without satisfactory proof of the availability of off-street parking for all vehicles. Said proof must be approved, in writing, by the Building Inspector.
No limousine owner's license shall be issued unless the applicant shall possess a valid New Jersey Driver's license.
Each applicant for a limousine driver's license shall be at least 18 years of age and a holder of a valid driver's license issued by the Division of Motor Vehicles, State of New Jersey.
Each applicant for a limousine driver's license shall file with his application two photographs, each 3 1/2 inches square, clearly depicting the facial features of the applicant, both of which photographs shall thereupon become the property of the Borough and be retained with the application form unless the application shall be issued, in which event one of the photographs shall be permanently affixed to the license card in a space provided therein.
Each applicant for a limousine driver's license shall be fingerprinted by the Police Department of the Borough, which fingerprints shall thereupon become the property of the Borough and be retained with the application form.
All changes of residence on the part of the holder of any limousine driver's license issued under this section shall be reported, in writing, to the Borough Clerk within three days after such change and shall be directed to the Police Department of the Borough.
The Borough Clerk is hereby authorized to issue a temporary limousine driver's license pending the approval by the Council of any application for a limousine driver's license submitted in accordance with the provisions of this section, provided that the Chief of Police of the Borough shall first certify to the Borough Clerk that, after due investigation, the applicant is not ineligible under the provisions of this section.
Every applicant for a limousine owner's license shall submit the insurance policy or bond required by §§ 48:16-14 and 48:16-15 of the Statutes of New Jersey covering the limousine to be licensed and shall execute and deliver to the Borough Clerk concurrently with the filing of the policy or bond aforesaid a power of attorney, wherein and whereby the owner shall appoint the Borough Clerk 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 or bond filed in accordance with § 48:16-16 of the Statutes of New Jersey.
The Borough Clerk, upon filing of the required insurance policy or bond, shall issue a certificate in duplicate showing the owner of the limousine has complied with the terms of the New Jersey Statutes, aforementioned, which certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of the limousine insured thereunder and the registration number of the same. The duplicate certificate shall be filed with the Department of Motor Vehicles before any such car is licensed as a limousine. The original certificate shall be posted in a conspicuous place within the limousine.
The annual license fee for each limousine driver's license hereafter issued or any renewal thereof shall be $25 for each year or portion of a year for which the license is issued or renewed.
The annual fee for each limousine owner's license hereafter issued or any renewal thereof shall be $150 plus $30 for each limousine for each year or portion of a year for which the license is issued or renewed, and all such licenses shall be under the charge and control of the person applying therefor and he shall be responsible for the operation of all cars so licensed to him.
An administrative fee of $50 shall be charged by the Borough Clerk for registration of a vehicle with the New Jersey Department of Motor Vehicles for all businesses or residents of Palisades Park which do not operate a limousine business in Palisades Park but reside in the Borough of Palisades Park, own a limousine and demonstrate appropriate insurance requirements on the limousine. In no way shall the aforesaid registration with the New Jersey Department of Motor Vehicles be interpreted as granting permission to operate a limousine business within the Borough of Palisades Park.
[Added 10-27-2015 by Ord. No. 1652]
The Council may, in its discretion, refuse to issue or renew or may, after notice and hearing, revoke or suspend:
Any license of either class if the applicant or licensee has been once convicted of a crime in this or any other jurisdiction or convicted of being a disorderly person or of a violation of Title 39, Motor Vehicles and Traffic Regulation, of the Statutes of New Jersey or has been dishonorably discharged from the Armed Forces of the United States of America, or who violates any provisions of this chapter or has any judgment unsatisfied of record against him arising out of an automobile accident, or who has made false answers in his application for such license or any renewal thereof, or who has failed or fails to render reasonably prompt, safe and adequate limousine service, or who has not complied fully with all requirements of this chapter for such class of license.
Any limousine driver's license if the licensee or the applicant has in any degree contributed to any injury to persons or damage to property arising out of negligent operation of a motor vehicle or has any communicable or contagious disease.
Any limousine owner's license if the motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary conditions, is dangerous or unsafe to the occupants or others, or if the policy of insurance or bond or power of attorney required by §§ 48:16-14, 48:16-15 and 48:16-16 of the New Jersey Statutes of the aforementioned has not been furnished or kept in force, or if the owner fails to comply with any terms or conditions imposed by the Council or any law of this state.
Each applicant granted a limousine driver's license shall be issued a license card in evidence thereof in a form approved by the Council and signed by the Borough Clerk on its behalf. Such license card shall at all times be prominently displayed and adequately protected in the interior of any vehicle operated by the licensee so that the face thereof shall be at all times in full view of and plainly legible to any passenger seated on the rear seat of such limousine; and the license card shall at all times be and remain the property of the Borough and on direction of the Council shall at once be surrendered to the Borough Clerk.
No limousine driver's license card other than that of the licensee actually operating the limousine at the time shall be displayed therein.
Drivers of limousines shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk or as nearly as possible thereto or, in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except on one-way streets where passengers may be discharged on either right- or left-hand sidewalk or at the side of a roadway in the absence of a sidewalk.
No limousine shall be operated about the streets of the Borough so as to solicit passengers or to bring the presence of the limousine to the attention of prospective passengers.
All vehicles herein required to be licensed or used or operated for the carrying of passengers within the scope of this chapter shall be automobile sedans with a minimum of three doors, at least two of which doors shall be for the exclusive use of the passengers. These automobiles shall at all times be clean and in good repair.
No person other than the licensed driver of the limousine shall ride or sit in the compartment of the limousine reserved for the driver.
[Amended 6-20-2000 by Ord. No. 1350]
No limousine shall be operated wholly or partly along any street in any municipality until the owner of the limousine shall have filed with the Clerk of the municipality in which the owner has his principal place of business, an insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street. Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $1,500,000. 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 or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
[Added 6-20-2000 by Ord. No. 1350]
A person who shall own and operate a limousine in any street in this state in violation of the provisions of Article 2 of Chapter 16 of Title 48 of the Revised Statutes or of Title 39 of the Revised Statutes shall be subject to the following penalties:
For operating a limousine without a license issued by a municipality pursuant to N.J.S.A. 48:16-17, operating a limousine without authority to operate a limousine in interstate service granted by the Federal Highway Administration, or the Interstate Commerce Commission, as provided in Section 14 of P.L. 1999, c. 356 (N.J.S.A. 48:16-22.4), knowingly permitting a driver to operate a limousine without a validly issued driver's license or a validly issued commercial driver license if required pursuant to N.J.A.C. 13:21-23.1, failure to have filed an insurance policy in the amount of $1,500,000 which is currently in force as provided in N.J.S.A. 48:16-14 or required pursuant to Section 14 of P.L. 1999, c. 356 (N.J.S.A. 48:16-22.4), operating a limousine in which the number of passengers exceeds the maximum seating capacity as provided in N.J.S.A. 48:16-13 or Section 2 of P.L. 1997, c. 356 (N.J.S.A. 48:16-13.1): a fine of $2,500 for the first offense and a fine of $5,000 for the second or subsequent offense;
For operating a limousine without the special registration plates required pursuant to Section 12 of P.L. 1979, c. 224 (N.J.S.A. 39:3-19.5), or operating a limousine without the limousine being properly inspected as provided in N.J.S.A. 39:8-1: a fine of $1,250 for the first offense and a fine of $2,500 for the second or subsequent offense;
For operating a limousine without the attached sideboards required by Section 11 of P.L. 1999, c. 356 (N.J.S.A. 48:16-22.1), failure to retain within the limousine appropriate proof of insurance or failure to execute and deliver to the Director of the Division of Motor Vehicles the power of attorney required pursuant to N.J.S.A. 48:16-16: a fine of $250 for the first offense and $500 for the second and subsequent offense;
For failure to be equipped with a two-way communications system, a removable first-aid kit or an operable fire extinguisher as required by Section 11 of P.L. 1999, c. 356 (N.J.S.A. 48:16-22.1), or any other violation of the provisions of Article 2 of Chapter 16 of Title 48 of the Revised Statutes other than those enumerated in this subsection: a fine of $50 for the first offense and $100 for the second and subsequent offense.
Violations of this section shall be enforced and penalties collected in a summary proceeding pursuant to "The Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The Superior Court or any municipal court where the violation was detected, or where the defendant was apprehended, shall have jurisdiction to enforce this section. Penalties imposed pursuant to this section shall be in addition to those otherwise imposed according to law. All penalties collected pursuant to the provisions of this section shall be forwarded as provided in N.J.S.A. 39:5-40 and Subsection b of N.J.S.A. 39:5-41.
[Added 10-27-2015 by Ord. No. 1652]
Limousine services with a place of business within, and licensed by, the Borough shall be required to pay an annual administrative fee of $200 to cover administrative costs, including, but not limited to, vehicle inspections, preparation of reports and documents, and the enforcement of the provisions of this article by Borough personnel.