[HISTORY: Adopted by the Borough Council of the Borough of Haledon 9-18-2002 by Ord. No. 8-21-02G. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any automobile or motor car with a carrying capacity of not more than nine passengers, not including the driver, used in the business of 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 in this chapter shall apply to buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the State of New Jersey, Department of Transportation and/or Board of Public Utilities or interstate autobuses that are regulated by the Interstate Commerce Commission.
More than one license may be issued to one applicant, provided that each limousine will be in actual use during the licensed year.
No owner of a limousine or other person having direction or control of a limousine shall operate it or permit it to be operated as a vehicle for hire or for transporting passengers for compensation upon the streets of the Borough of Haledon unless a limousine license has first been issued for said vehicle by the Borough of Haledon. The requirements of this section shall not apply to a limousine duly licensed by another municipality while such limousine is being operated solely in response to a call to pick up a passenger or passengers or for the purpose of delivering to a destination or destinations within the Borough. No limousine licensed in another municipality shall be permitted to cruise in the municipality for the purpose of engaging passengers unless licensed by the Borough of Haledon.
Every person applying for a limousine license or a renewal or transfer thereof must be at least 21 years of age. If a corporation, such corporation must be organized and existing under the laws of the State of New Jersey and shall maintain an office in the Borough of Haledon. The application for a license shall be filed with the Borough Clerk upon forms provided by the Clerk. It shall be verified under oath and shall include the following information:
Name, address and age of the applicant. If the applicant is a partnership, the names and addresses of the partners and their respective interests in the partnership shall be given, and if a corporation, the names and addresses of all officers, directors and stockholders shall be given.
The year, serial number, type, model and color of the vehicle or vehicles to be licensed.
The passenger capacity of the vehicle or vehicles (not including the driver's seat).
A description of the applicant's experience in the transportation of passengers.
The number of vehicles to be operated or controlled by the applicant, and the location of proposed depots and terminal points.
The color scheme or insignia, if any, to be used to designate the vehicle or vehicles of the applicant.
The criminal record, if any, of the applicant; and if the applicant is a corporation, partnership or incorporated association, the criminal record, if any, of each person participating in the ownership or management of the applicant as stockholder, partner, officer, manager or otherwise.
A certificate from the Police Department of the Borough of Haledon that the limousine has been inspected and passed such inspection, as required by § 230-7 of this chapter, shall be submitted to the Borough Clerk before a license shall be issued.
In the case of a license renewal, the number of weeks during the previous six-month period the vehicle to be licensed was operated as a limousine.
A schedule of rates to be charged by the applicant.
A certification from the Zoning Officer of the Borough of Haledon that the holder of said license may maintain a limousine depot conforming to zoning regulations.
No limousine shall be operated wholly or partly along any street in the Borough of Haledon until the owner of the limousine shall have filed with the Borough Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $50,000 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 $50,000.
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.
The insurance policy shall name the Borough of Haledon as an additional insured on its insurance policy.
No limousine license shall be issued unless the applicant shall have complied with the provisions of N.J.S.A. 48:16-1 through N.J.S.A. 48:16-22, as amended and supplemented, including particularly the delivery of a power of attorney as required by N.J.S.A. 48:16-3. After a limousine license is issued, the holder thereof shall be required to continue to comply with said statutory provisions of the State of New Jersey.
No limousine license shall be issued, renewed or transferred until the vehicle identified in the application for such license has passed state inspection as required by N.J.S.A. 39:8-2 and has also been examined and inspected by the Police Department and found to comply with the following provisions:
All limousines shall have four doors, two leading into the passenger's compartment and two leading into the driver's compartment, so constructed that they may be opened from the inside and outside. Each door shall be constructed with an approved safety lock.
All upholstery covering or interior lining of any limousine shall be of leather or other nonabsorbent and washable material, except the roof lining.
Floor mats shall be provided of removable rubber or other nonabsorbent material.
Every limousine shall be equipped with a passenger compartment light adequate to illuminate the interior of the passenger's compartment and having a switch easily accessible to the passenger.
Every limousine shall be clean and sanitary. The report of the Police Department on each limousine examined and inspected prior to licensing shall be delivered to the Borough Clerk, who shall file such report with the application for the limousine license.
No limousine license shall be transferred without the written consent of the governing body. With such consent, which shall be granted only upon the filing of an application by the prospective transferee and a finding that he would be qualified to receive a license in accordance with the provisions of this chapter, the license may be transferred, provided it is to be used by the transferee in a bona fide operation of a limousine business. No limousine license shall be assigned, mortgaged, pledged or otherwise transferred to secure a debt, loan, advance or other financing transaction.
The governing body of the Borough of Haledon shall consider all applications for limousine licenses. If it finds that the limousine service proposed to be furnished by the applicant in the Borough of Haledon is required for the public convenience and that the applicant meets all the requirements of this chapter, then the governing body shall direct the Borough Clerk to issue a limousine license. No application shall be denied, however, without giving the applicant an opportunity to be heard on reasonable notice.
In determining public convenience under the terms of this section, the governing body shall take into consideration the number of limousines already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions and the character, experience and responsibility of the applicant as well as the condition, age and fitness of the vehicle for which a limousine license is sought.
Limousine license shall entitle the limousine therein described to be operated in this Borough until the said license either expires or is surrendered, suspended or revoked, and it shall be transferable only with the approval of the governing body.
Any license issued pursuant to the terms of this chapter shall expire at 12:00 midnight of the 31st day of December of the year next succeeding the year in which it was issued, unless sooner surrendered, suspended or revoked.
The governing body may, in its discretion, refuse to issue or renew or may, after notice and hearing, revoke or suspend any license:
If the applicant for the license 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, or the Revised Statutes of New Jersey; has violated any provision of this chapter or has any judgment unsatisfied of record against him arising out of an automobile accident; has made false answers in his application for such license or any renewal thereof; has failed or fails to render reasonably prompt, safe and adequate limousine service; or has not complied fully with all requirements of this chapter.
If the motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary condition, is dangerous to the safety or health of the occupants or others or if the policy of insurance required herein has lapsed or such coverage is not maintained at all times.
If the limousine covered by such license has not been used regularly as a limousine for a period of six months.
Any license may be revoked or suspended for cause at any time by the governing body upon notice in writing of the charge or charges against the holder of the license and an opportunity to be heard thereon, if requested; provided, however, that an initial suspension of not over 10 days may be ordered prior to the hearing for the determination of the charges. The licensee shall answer in writing the charges made against him within five days of their receipt by him and shall endorse thereon a demand for a hearing if one is requested by him. A time and place shall be fixed for the hearing, and at least five days' notice thereof shall be served upon the holder of the license. At the hearing, the party charged with a violation of this chapter or other violations may make such statements in his own behalf or through witnesses or submit such verified or unverified statements as he may desire. The governing body shall proceed to a decision thereon, sustaining or dismissing the charges and suspending or revoking the license.
Owners of limousines, their agents and employees and cab drivers engaging in the limousine business shall render courteous and undiscriminatory service to the public. They shall answer all telephone calls received by them for transportation service within the limits of the Borough of Haledon as soon as they can do so, and if such service cannot be rendered within a reasonable time, they shall notify the prospective passenger when a limousine will be available to serve him. Limousine owners must post in the limousine a schedule of rates to be charged, and upon telephonic inquiry the limousine driver shall be required to state the rates.
No limousine covered by the terms of this chapter shall be operated at any time in the Borough of Haledon unless it is in good repair and in sound condition to provide safe and dependable transportation.
No driver of any limousine shall permit persons to be carried in a limousine as passengers in excess of the seating capacity of the limousine as stated in the license application.
Any violation of this chapter shall result in the suspension and/or revocation of the license granted to the limousine service provider. The governing body, in its sole discretion, may bar the license holder for five years if there are more than three violations of this chapter within a five-year period. Each violation of this chapter shall also result in a fine being issued in the amount of $100 for the first offense and $250 for each additional offense in addition to any other penalties imposed by this chapter.