As used in this article, the following terms
shall have the meanings indicated in N.J.S.A. 40:52-1 and N.J.S.A.
48:16-13 et seq., as amended and supplemented, and regulating limousines
or livery service, person and street. Except as provided in Section
2 of P.L. 1997, c. 356, as used in the article, "Autocab" means a
limousine.
The applicable provisions of N.J.S.A. 48:16-14
to 48:16-22, both inclusive, as amended and supplemented, shall be
complied with in the licensing and regulating of limousines in this
article.
A.
The applicable provisions of N.J.S.A. 48:16-14, as
amended and supplemented, shall be complied with in the licensing
and regulation of limousines in this article.
B.
No limousine business which has its principal place
of business in the Township of Long Beach shall be operated wholly
or partly along any street in the Township until the owner has filed
with the Municipal Clerk an insurance policy of a company duly licensed
to transact business under the insurance laws of this state in 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.
C.
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.
D.
The issuance of a limousine license by the Township
shall be deemed to constitute an agreement by and between the applicant
and the Township that the applicant agrees to indemnify and hold the
Township harmless from any and all claims from damages arising from
personal injury and/or property damage made by third parties as a
result of or incidental to the issuance of said license and driving
or operation of a limousine.
E.
No limousine owner's or operator's license shall be
issued until the applicant therefor shall have executed and delivered
a signed and dated agreement which holds the Township harmless and
by which the applicant agrees to completely indemnify the Township
from all costs and expenses incurred for any claim arising out of
the applicant's ownership or operation of a limousine in the Township.
F.
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 applicable provisions of N.J.S.A. 48:16-16,
as amended and supplemented, shall be complied with in the licensing
and regulating of limousines in this article.
A.
The applicable provisions of N.J.S.A. 48:16-17, as
amended and supplemented, shall be complied with in the licensing
and regulating of limousines in this article.
B.
The Municipal Clerk, upon the filing of the required
insurance policy by a limousine business which has its principal place
of business in the Township of Long Beach, shall issue, in duplicate,
a license to operate, the charge for which shall not exceed the sum
of $50, provided that the owner of the limousine has complied with
the terms and provisions of this article.
C.
The license shall recite the name of the insurance
company, the number and date of expiration of the policy, a description
of every limousine insured thereunder and the registration number
of the same.
D.
The duplicate license shall be filed with the Division
of Motor Vehicles before any such cars are registered as a limousine.
E.
The original license shall be retained within the
limousine and shall be available for inspection by any police officer
in the Township. In lieu of the recital of insurance information required
on the license pursuant to this section, the owner of a limousine
may affix to the original license retained within the license a notarized
letter from an insurance company containing the same insurance information
required in the recital, which shall constitute proof of the insurance
coverage, and which shall also be available for inspection by any
police officer in the Township. A copy of the notarized letter shall
constitute proof that the applicant has complied with the insurance
provisions of this section.
Nothing in this article contained shall exempt
any person owning or operating any limousine service from complying
with the law relating to the ownership, registration and operation
of automobiles in this state.
Every owner's or operator's license granted hereunder may be suspended or revoked, after notice and hearing, by the Township Board of Commissioners for violation of any provision of this article hereof or for other good and sufficient cause. During said suspension and after revocation, the license shall be surrendered to the Township forthwith, together with the badge supplied by the Township pursuant to § 184-25.
A.
Any person violating or failing to comply with any
other provisions of this article shall, upon conviction thereof, be
punishable by a fine of not more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined by the Municipal Court Judge. The continuation of such
violations for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
C.
The applicable provisions of N.J.S.A. 48:16-22, as
amended and supplemented, shall be complied with in the licensing
and regulating of limousines in this article.
D.
No person operating a limousine business with its
principal place of business in Township of Long Beach shall operate
a limousine service in any street in this municipality without a license
to operate issued by the Township of Long Beach and without otherwise
complying with the provisions of this article.
A.
The applicable provisions of N.J.S.A. 48:16-22.1, as amended and supplemented, shall be complied with in the licensing and regulating of limousines in this article. The provisions of § 184-3 and § 184-4 of this chapter shall also apply to the licensing of limousine owners and limousine operators whose principal place of business is located in the Township of Long Beach.
B.
No limousine shall be operated on the highways of
Long Beach Township unless it has a license issued pursuant to N.J.S.A.
48:16-17 and the limousine is equipped in accordance with the provisions
of N.J.S.A. 48:16-22.1.
(1)
Owners' licenses. The Board of Commissioners of the Township of Long Beach is hereby authorized to issue licenses to owners of limousines in the same manner and following the provisions of licenses for taxi owners as hereinabove set forth in § 184-3A hereof. In addition to the limousine license fee of $50, (outlined in § 184-20), each owner must pay the annual cost for NJSBI by check made payable to the NJSBI and submitted to the Township of Long Beach Police Department with fees paid to the Clerk upon submission of the respective application.
(2)
Operators' licenses. The Board of Commissioners of the Township of Long Beach is hereby authorized to issue licenses to operators of limousines who are capable and of good moral character in the same manner and in accordance with the same requirements as hereinabove set forth in § 184-3 and who otherwise qualify according to the provisions of this article. Such license shall hereinafter be referred to as "operator's license." For each operator's license application or for each renewal thereof, the fee shall be $30 plus the annual costs for NJSBI by check made payable to the NJSBI and submitted to the Township of Long Beach Police Department at the time the application or renewal is submitted.
(3)
All limousine licensing and fee provisions contained
in this article shall only apply to limousine businesses with principal
place of business located in the Township of Long Beach.
(4)
Renewal of the owners' and operators' licenses. Owners'
and operators' licenses not suspended or revoked may be renewed annually,
subject to all of the same conditions, provisions and charges as required
by the original license. Owners' and operators' licenses shall expire
on December 31 of the year of issue, and the renewal application for
owners and operators shall be filed on December 1 of the calendar
year preceding the year for which renewal is sought, which requirement
may be waived or the period extended by the Municipal Clerk for good
cause shown.
A.
All licensees held hereunder shall abide by the following
regulations applicable to the license or licenses held:
(1)
Posting of operator's license identification. When
filing an operator's application or renewal application, each applicant
must furnish three recent passport-type photographs of the applicant
being not less than 1 1/4 inches in height by one inch in length.
Two photographs are to be filed with each operator's license application
and one is to be attached, together with the name and address of operator,
name and address of owner and the operator's license number, to the
Township-issued identification card, which is to be displayed in a
conspicuous place in the interior of the limousine driven by the applicant.
(2)
Change of address; loss of records. Any change of
an address of any person licensed by this article must be reported,
in writing, to the Municipal Clerk's office within 72 hours of such
change. The loss of the license badge or any other document required
to be kept by a license owner or operator must be reported to the
Municipal Clerk's office in writing within 72 hours of such loss.
(3)
Accidents; reporting and repair. The owner of a licensed
limousine which is involved in an automobile accident shall provide
the Police Department of the Township of Long Beach with a copy of
the accident report within five working days after the accident, regardless
of where the accident occurred. A limousine which has sustained damage
to the vehicle such as dents or a need of painting shall be repaired
within eight weeks after the date of the accident. The Police Department
shall inform the limousine owner of any and all repairs which are
necessary. Any owner who fails to comply with the terms of this subsection
shall be in violation of this chapter and subject to suspension of
the owner's license.
(4)
Age of the vehicle. When a limousine owner or operator
first becomes licensed in the Township, his/her limousine shall not
be more than 84 months old.
(5)
Safety equipment. Vehicles for hire shall have at
least one child restraint seat available at all times.
B.
A badge shall be issued by the Township for each limousine
operator's license pursuant to this article and shall bear the operator's
license number of the driver and the word "operator" thereon. The
badge must be conspicuously displayed on the left breast of the driver's
outer garment when he is engaged in his employment. If any badge becomes
lost or destroyed, a new badge shall be furnished by the Municipal
Clerk upon the payment of the sum of $5.
C.
Sale or loan of the badge prohibited. No person shall
sell, loan or otherwise dispose of any license issued under the provisions
of this chapter or any badge delivered by the Municipal Clerk with
any license.
A.
Prior to the operation of any limousine on the highways
of this Township for purposes of picking up passengers, the driver
of the limousine shall conduct the examination required by N.J.S.A.
48:16-22.2a
B.
In a calendar year in which a limousine is not required
to undergo an inspection as required pursuant to N.J.S.A. 39:8-1,
the owner of the limousine service shall cause to be conducted the
examination required by N.J.S.A. 48:16-22.2b.
