[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 3-21-2014 by Ord. No. 14-07C. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 189.
A municipal transportation system (hereinafter "transportation system") is herewith created by the Township of Long Beach (hereinafter "Township") in accordance with and pursuant to the authorities and powers granted to the Township by N.J.S.A. 40:48-1 et seq., and the Township is authorized to engage in the creation, operation, and maintenance of the transportation system in accordance with the provisions set forth herein and all applicable laws.
The transportation system shall be free of charge to any and all persons, and no fees, fares, or any other financial consideration shall be imposed and/or charged by the Township to the public in order to ride the transportation system, except as otherwise provided by § 111-3 in the event that motor vehicles comprising the transportation system are leased to third parties for use outside of the operation of the transportation system.
The transportation system shall be owned and operated by the Township and shall be created, operated, and maintained for the express purpose of transporting the public/passengers and their personal property within the Township and on Long Beach Island. The transportation system may be operated by the Township for any additional lawful purpose, including, but not limited to, the transportation of the public during and in anticipation of declared emergencies and the transportation of Township residents, Township officials and employees, and the general public for special events, festivals, evacuations, transport to emergency shelters, for transport off of Long Beach Island during declared emergencies, and for any other various and lawful purposes as deemed by the Township.
The Township may engage in any and all necessary and proper actions required to create, operate, and maintain the transportation system in accordance with and pursuant to all applicable laws.
A referendum is authorized for submission to the voters on the next general election to decide the question of whether the Township may engage in the "business of transportation," meaning whether Township is authorized by the voters to charge money to the public for the use of the Transportation System. The referendum question shall be as follows:
Shall the Township of Long Beach be permitted to engage in the business of transportation, and, therefore, be authorized to charge fares to persons to use the existing municipal transportation system, as described in an ordinance of the Board of Commissioners of the Township of Long Beach entitled "AN ORDINANCE AMENDING AN ORDINANCE ENTITLED, "CODE OF THE TOWNSHIP OF LONG BEACH, COUNTY OF OCEAN, STATE OF NEW JERSEY, 1997" AS THE SAME IN CHAPTER 195 PERTAINS TO THE MUNICIPAL TRANSPORTATION SYSTEM," which was passed on April 4, 2016?
[Added 4-4-2016 by Ord. No. 16-13]
In the event that the referendum is passed by a majority of the citizens, the Township shall be authorized to charge the public money for the use of the transportation system in a manner determined by the resolution of the Board of Commissioners, including, but not limited to, daily rates, monthly passes, and/or seasonal passes, and otherwise engage in the business of transportation in substantially the same form as the transportation system. All funds raised by engaging in the business of transportation shall be applied to purchases and costs relating to and arising out of the maintenance and operation of the transportation system only. In the event of passage of the referendum, the authority to charge fees and fares shall by operation of law amend Chapter 111 and this subsection shall supersede the provision of § 111-1(B), which precludes fees, fares, or any other financial consideration from being imposed and/or charged relating to the transportation system.
[Added 4-4-2016 by Ord. No. 16-13]
The Township may acquire by lease and/or purchase and shall maintain any and all necessary motor vehicles that travel upon public streets for the transportation system at the Township's discretion and in accordance with the Local Public Contracts Law, including, but not limited to, shuttle buses, motor buses, motorized trolleys, and any other motor vehicle the Township shall deem necessary and proper for the transportation system. The transportation system shall be expressly limited to the aforesaid motor vehicles, and the Township is not authorized to operate any other means of transportation as part of the transportation system, including, but not limited to, watercraft, trains, and/or railroad track and/or overhead-line-driven electric trolleys.
The Director of Revenue and Finance or his/her designee is hereby provided with the authority to create, operate, maintain, and supervise the transportation system, promulgate the rules, regulations, and operating procedures of the transportation system, and shall designate and supervise the appropriate officials and employees of the Township who are tasked with the operation and maintenance of the transportation system. The Director of Revenue and Finance or his/her designee is provided with all authorities provided to the Township by this chapter.
[Amended 4-3-2017 by Ord No. 17-10C]
The Township may appoint, hire, designate, and retain officers, agents, employees, independent contractors, and any and all other necessary full-time, part-time and seasonal personnel the Township deems necessary to operate and maintain the transportation system, and the Township shall define their duties, regulate their compensation, and provide for the terms of their employment.
The transportation system shall be operated on routes and schedules, including all stops and all methods of picking up passengers as the Township deems necessary, and said routes and schedules may be changed from time to time by the Township at its discretion. The transportation system is intended for, but not limited to, operation between and including the months of May and September of each calendar year, and that schedule of operation may be modified at any time at the discretion of the Township. Said routes, schedules, stops, and methods of picking up and dropping off passengers shall be advertised by the Township on its website, posted at the office of the Township Clerk, and advertised by any and all other means the Township deems necessary and proper.
The Township may advertise the existence and operation of the transportation system by any and all means the Township deems necessary and proper.
The Township may make and adopt any and all necessary resolutions and enter into any and all necessary contracts as the Township may deem necessary and proper for the conduct, operation, rental and maintenance of the transportation system.
[Amended 6-5-2017 by Ord. No. 17-20C]
The Township may lease any method of transportation, i.e., motor vehicle acquired to create and operate the transportation system, the advertising space of any such motor vehicle, and/or any other portion of the transportation system to any third parties, including for-profit, county and municipal, and nonprofit corporations, in accordance with all applicable laws regarding the leasing of municipal property and equipment.
The Township may contract with and/or enter into any shared services agreements with any other municipality or municipalities to jointly operate, maintain, fund, and/or otherwise participate in the transportation system.
[Added 6-5-2017 by Ord. No. 17-20C]
The rental and hourly rates for the transportation system shall be set annually by resolution of the Board of Commissioners.
All ordinances, or parts of ordinances, inconsistent with this chapter are hereby repealed to the extent of such inconsistency.
If any word, phrase, clause, section, or provision of this chapter shall be found by any court of competent jurisdiction to be unenforceable, illegal or unconstitutional, such word, phrase, clause, section, or provision shall be severable from the balance of the chapter, and the remainder of the chapter shall remain in full force and effect.
This chapter shall take effect after final adoption and publication as required by law.