[HISTORY: Adopted by the City Council of
the City of Hackensack 3-5-1984 by Ord. No. 5-84;[1] amended in its entirety 2-24-2009 by Ord. No. 3-2009.
Subsequent amendments noted where applicable.]
[Amended 11-25-2014 by Ord. No. 34-2014]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who drives a limousine, whether or not such person
is also the owner thereof.
Includes any automobile or motor car service engaged 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 of no more than 14 passengers, not including the driver,
provided that such a vehicle is certified by the manufacturer of the
original vehicle and the second-stage manufacturer, if applicable,
to conform to all applicable federal motor vehicle safety standards
promulgated by the United States Department of Transportation pursuant
to 49 CFR Part 571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49
CFR 567.1 et seq.). In addition, a "vehicle emission control information"
label, which contains the name and trademark of the manufacturer and
an unconditional statement of compliance with the emission requirements
of the Environmental Protection Agency, shall be present on the vehicle.
Nothing in this definition shall be construed to include taxicabs,
hotel buses, buses employed solely in transporting school children
or teachers, vehicles owned and operated directly or indirectly by
businesses engaged in the practice of mortuary science when those
vehicles are used exclusively for providing transportation related
to the provision of funeral services, autobuses which are subject
to the jurisdiction of the New Jersey Department of Transportation,
or interstate autobuses required by federal or state law or regulations
of the Department of Transportation to carry insurance against loss
from liability imposed by law on account of bodily injury or death.
[Amended 1-29-2019 by Ord. No. 03-2019]
Includes any automobile or motor car service that operates
and is organized in compliance with the New Jersey Nonprofit Corporation
Act, N.J.S.A. 15A:1-1, and is registered as a charitable organization
pursuant to Section 501(c)(3) of the Internal Revenue Code, with a
carrying capacity of not more than nine passengers, not including
the driver, for carrying passengers for hire, which is held out, announced
or advertised to operate or run or which is operated or run over any
of the streets or public highways of this state 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. Nothing contained in this chapter shall
be construed to include nonprofit limousine services as a limousine
service as defined in this section. Nonprofit limousine services shall
be exempt from all requirements within this chapter.
Any person 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.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
The location of the main place of business of the limousine
service in the municipality of Hackensack where limousine service
is conducted, where limousines are dispatched or where limousine drivers
report for duty.
Includes any street, avenue, park, parkway, highway or other
public place.
[Amended 1-29-2019 by Ord. No. 03-2019]
No limousine service, whose principal place of business is in
Hackensack, shall be operated wholly or partly along any street in
Hackensack until the owner of the limousine shall have filed with
the Police Department, with a copy to the City Clerk, an insurance
policy, from an insurance company duly licensed to transact business
under the insurance laws of the state, in the sum of $1,500,000, or
such greater amount as may be established by New Jersey law. This
policy shall protect against loss by reason of 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 service
upon any public street.
[1]
Editor’s Note: Former § 108-3, Power of attorney
required, was repealed 1-29-2019 by Ord. No. 03-2019. This ordinance
also stated that “Pursuant to New Jersey law, N.J.S.A. 48:16-16,
power of attorney is to be vested in the Director of the Division
of Motor Vehicles, not the municipality.”
There are hereby established two classes of limousine license,
to be known as "limousine owner's license" and "limousine driver's
license," respectively.
A.
Limousine owner's license. No person shall transport any passenger for hire in any public limousine, automobile or other motor vehicle unless said vehicle is licensed in accordance with the provisions of this chapter and Chapter 107, Licenses and Permits. The license required by this subsection shall be known as a "limousine owner's license."
B.
Limousine driver's license. No person shall transport any passenger for hire in any limousine, automobile or other motor vehicle or drive or operate any such vehicle designed for the transportation of passengers for hire unless such person shall have secured a license for said purpose pursuant to the provisions of this chapter and of Chapter 107, Licenses and Permits. The license required by this subsection shall be known as a "limousine driver's license."
A.
Limousine owner's license. In addition to the information specified in § 107-6B and C of Chapter 107, each application for a limousine owner's license shall state in the following:
[Amended 1-29-2019 by Ord. No. 03-2019]
(1)
The character and description of the vehicle proposed to be licensed,
including the make, model, year, engine serial number, color, state
registration number, number of doors of said vehicle and the number
of persons said vehicle can carry as passengers.
(2)
The correct name and residence and business address of the owner
thereof.
(3)
For initial applications, proof of zoning approval for the principal
place of business of the limousine service.
B.
Limousine driver's license. The information and requirements specified in § 107-6B, C and D of Chapter 107 shall be complied with by each application for a limousine driver's license, and in addition, each application shall state any record of traffic violations over the preceding five years and be accompanied by a certified driver's abstract, New Jersey Motor Vehicle Commission limousine driver or rental car chauffeur employer certification, and certificate of a physician stating that he/she has examined the applicant within 60 days and has found the applicant to be physically fit for the safe operation of a limousine. A limousine driver must be at least 21 years of age and shall be disqualified as serving as a driver if he or she has been convicted of any of the crimes enumerated in N.J.S.A. 48:16-22.3a, except as specifically authorized by N.J.S.A. 48:16-22.3a(g).
[Amended 1-29-2019 by Ord. No. 03-2019]
C.
An applicant for a limousine license is required to have a business
office located within the City of Hackensack.
Each person applying for a certificate of compliance shall fully
complete the limousine license application form available at the Police
Department. The processing of limousine license applications shall
be charged to the Chief of Police. The applicant shall be fingerprinted
by the Police Department and shall file with his/her application two
recent photographs of him/her of a size that could be attached to
his/her license. One of the photographs shall be filed with the application
in the Police Department's Bureau of Criminal Identification.
The applicant will be investigated as to his/her character and reputation,
and if said applicant is denied a license, he/she will forfeit the
fee for the application.
A.
Each person applying for a certificate of compliance shall fully
complete the limousine license application form available at the Police
Department.
B.
A copy of the bill of sale for each limousine to be operated on the
streets of Hackensack shall be filed with the application for a certificate
of compliance.
C.
A copy of the vehicle registration shall be provided to the Police
Department within 48 hours of the vehicle's registration with
the Division of Motor Vehicles.
D.
The Police Department shall issue a certificate to the owner who
has fulfilled the terms and provisions of this chapter.
E.
Nothing in this chapter shall preclude full compliance with the laws
of the State of New Jersey, including N.J.S.A. 48:16-13 et seq.
F.
Each applicant for a certificate of compliance shall also be responsible
for registering each vehicle with the Director of the Division of
Motor Vehicles as set forth in N.J.S.A. 39:3-19.
[Amended 1-29-2019 by Ord. No. 03-2019]
A.
A fee of $50 per limousine service plus $10 for each limousine that
is covered under the required insurance policy shall be paid to the
Police Department and shall accompany all applications for a certificate
of compliance. There shall be a fee of $30 for a limousine driver's
license, plus an additional $4 for the accompanying photo.
B.
All licenses issued under this chapter shall expire on February 28
(or February 29, in the case of a leap year) of each year.
[Added 1-29-2019 by Ord. No. 03-2019]
Notwithstanding any other provisions of law to the contrary, the City requires a limousine service to obtain a license if the limousine service is providing service on an intramunicipal point-to-point basis within the City. The fee for the issuance of this license is $50 (which is in addition to any other fee), which applies to all limousines operated by a limousine service providing such intramunicipal point-to-point service within the City. An applicant for such license shall follow all of the provisions of Chapter 108 of the Code of the City of Hackensack to the extent applicable.
