[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor as indicated in article histories. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 520.
[Adopted as Ch. 9 of the 1982 Revised General Ordinances]
As used in this article, the following words shall have the meanings indicated:
- OPERATION OF A TAXICAB
- Transporting for hire one or more persons in a taxicab. Accepting a passenger to be transported for hire from a point of departure within the Borough to a destination within or without the Borough shall be considered operation of a taxicab within the Borough. The operation of a taxicab by one other than the owner shall be deemed operation by the owner as well as by the person actually driving the taxi. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign using the words "taxi," "taxicab," "cab" or "hack" shall be prima facie evidence of operation.
- Any person in whose name title to any taxicab is registered with the New Jersey Division of Motor Vehicles, or who appears in the Division's records to be a conditional vendor or lessee or has any other proprietary interest in a taxicab.
- TAXICAB or TAXI
- A motor vehicle used to transport passengers for hire which does not operate over a fixed route and is not hired by the day or hour.
No person shall operate a taxicab within the Borough unless a license has been obtained from the Clerk.
Application for a taxicab license shall be made to the Clerk on forms provided by her or him. The forms and the information required thereon shall be established by Borough Council by resolution. All applicants for taxicab licenses must be at least 18 years of age.
Applications shall be verified by oath or affirmation. Applications by a partnership shall give the information required for each partner, and shall be verified by all partners. Applications by a corporation shall give the information required for and be verified by all officers and directors and all persons holding more than 10% of the corporation's common stock, as well as the corporation itself.
[Amended 5-4-2011 by Ord. No. 1376]
The Council shall, by resolution, grant or deny the license. If the application is approved, the Clerk shall issue the license upon forms established by the Council by resolution. Licenses shall not be transferable.
[Amended 10-3-2006 by Ord. No. 1269]
A taxicab license shall be valid for the remainder of the calendar year in which it is issued and shall expire on December 31. The license fee shall be as established from time to time by resolution of the governing body of the Borough of Stone Harbor, payable upon the filing of the application for the issuance or renewal of the license.
A taxicab license may be renewed by the Council upon the licensee's filing with the Chief of Police a sworn statement that there have been no changes in the information contained in the initial application.
Initial inspection. Before any vehicle is used as a taxicab within the Borough, it shall be inspected by the Chief of Police or a police officer designated by him to ascertain that it is in a safe, clean and sanitary condition and contains all safety devices required by law.
Reinspections. All taxicabs shall be reinspected annually or more often if the Council so requires by resolution. In addition, any police officer may inspect any taxicab at any reasonable time to determine if it is clean, sanitary and in a safe and proper operating condition.
Failure to pass inspection. Any taxicab which fails to pass inspection shall be immediately taken out of service and shall not be operated again within the Borough until the defects which led to its rejection are corrected. In the case of minor defects which do not constitute an immediate danger to the health or safety of the public, the taxicab may continue to operate for a period of one week, at the end of which time it shall be reinspected. If the defect has not by then been corrected, the vehicle shall immediately be taken out of service and shall remain out of service until the defect is corrected.
The fare that may be charged by the driver or owner of a taxicab for a trip wholly within the limits of the Borough shall not exceed the rates approved by the Council by resolution. A schedule of the approved rates shall be displayed in the taxicab in a manner so as to be easily read by all passengers.
All applicants for licenses shall exhibit to the Clerk all insurance policies covering each vehicle to be licensed. The insurance shall be as required by the laws of the State of New Jersey and the license shall not be granted by the Clerk until the Clerk is satisfied that the policy or policies are in effect.
The Council may establish, by resolution, rules and regulations relating to the operating of taxicabs and the conduct of licenses. A copy of the rules and regulations shall be furnished to each licensee.
[Adopted 2-19-2013 by Ord. No. 1413]
As used in this article, the following terms shall have the meanings indicated:
- COMPRESSED NATURAL GAS VEHICLES (CNG)
- Any motor vehicle fueled with clean-burning compressed natural gas, with gasoline permitted only as a backup fuel source.
- An autobus for hire; shall include any motor vehicle for hire engaged in carrying individual passengers, which is operated over and upon the streets of the Borough. A jitney shall be constructed and intended to accommodate 13 passengers.
- LICENSING CLERK
- The individual designated to accept applications for licenses and to issue licenses in accordance with this article.
- An individual, sole proprietorship, partnership, limited partnership, corporation, or limited liability company.
- Any street, avenue, land or public place in the Borough utilized for vehicular jitney traffic.
- ZERO-EMISSIONS VEHICLE (ZEV)
- Any motor vehicle that produces zero exhaust emissions of all criteria pollutants under any and all possible operational modes and conditions.
No person shall operate a jitney within the Borough of Stone Harbor without obtaining from the Borough licensing Clerk a license issued to that person pursuant to this article. The Borough Council is the issuing authority of all jitney licenses.
A license shall be valid for a period of one year from the date of issue and shall be renewed prior to expiration. No jitney shall be operated if the renewal license is not granted by the expiration of the existing license. All applications for license renewal shall be made in writing and filed with the Borough Licensing Clerk.
Application information. An application for a jitney owner-operator's license shall be filed with the Licensing Clerk upon forms provided by the Borough for that purpose. The application shall require disclosure of the following information:
The name, address, and date of birth of the applicant.
If the applicant is a corporation, its name, address of its principal place of business and the name and address of its registered agent must be supplied. In addition, a copy of the certificate of incorporation shall be filed with the application.
If the applicant is a limited liability company, its name, addresses of all members and address of the registered agent shall be submitted in addition to a copy of the certificate of formation of the limited liability company and a current operating agreement.
If the applicant is a partnership, the same information required of an individual applicant shall be required for each of the partners.
The type of motor vehicle, the name of the manufacturer, the New Jersey vehicle registration number, vehicle insurance policy particulars, and a valid New Jersey driver's license of the owner-operator of the jitney.
Proof that the vehicle shall meet all requirements to make it a CNG or ZEV vehicle, as defined herein.
Proof that the seating capacity of the vehicle, according to its trade factory rating, is intended to accommodate 13 passengers.
A complete description of the vehicle, both inside and out, including whether the vehicle has been converted for jitney use and, if so, the name and place of business of the individual doing the conversion.
The previous experience of the applicant in the transportation of passengers for hire, including the name of any other state or municipality where the applicant has ever been licensed, or is currently licensed, to operate a jitney and whether said license was ever suspended or revoked or whether an application for the issuance or renewal of a license was ever denied and the reasons for the denial, suspension or revocation.
Any other facts that the applicant believes would have any effect on the decision to grant or deny the jitney license.
A description of the insignia to be placed upon the jitney, as hereinafter defined, the location of such insignia and an identification of all other permanent markings that are to be affixed to the jitney designating the same as a jitney. An applicant may aid in this requirement by submitting with the application a color photograph of the vehicle to be used as a jitney.
Any other information which the Borough Council may prescribe.
Application to be verified by oath or affirmation. All applications shall be verified by oath or affidavit before a notary public or some other person fully authorized to administer oaths. Applications by a partnership shall be verified by all partners; applications by a corporation shall be verified by the president or vice president; and applications by a limited liability company shall be verified by any member.
Procedure. Once an application is complete, and the nonrefundable application fee defined hereafter in § 487-18B is paid, the Licensing Clerk shall transmit the completed application to the Chief of Police, or the approved agency for investigations responsible for the conduct of investigations for each applicant, to be submitted to the police when completed.
As a condition of conducting the investigation referred to in § 487-13 of this article, each applicant, by submitting an application for a jitney license, authorizes the Chief of Police and the Stone Harbor Police Department to release the results of such investigation to the Borough Council, Mayor, Business Administrator, Borough Clerk, Code Enforcement Officer, Borough Solicitor and Licensing Clerk. No such investigation shall be undertaken without such written authorization by the applicant.
The Borough Council shall, by resolution, act upon the owner-operator's license application within 30 days of receipt of the investigation report from the Chief of Police. If the Chief of Police recommends granting the license and if the report discloses no reason which would justify denying the license, the Borough Council may proceed to issue the license without a hearing as defined hereafter in § 487-19. The applicant shall pay the applicable fees to be collected by the Licensing Clerk upon the issuance of the license to the applicant.
If the recommendation of the Chief of Police is to deny the license, or if Borough Council is satisfied that there are reasons which would justify the denial of the issuance of the license separate and apart from the recommendation of the Chief of Police, or the revocation of an existing license, the applicant owner-operator shall be granted a hearing before Borough Council prior to final determination. The applicant shall receive notification of the date and time for such hearing which shall be scheduled within 30 days from the denial date or notice of revocation, and such hearing shall be commenced and concluded within the immediately succeeding 30 days. If the applicant refuses the opportunity to appear for a hearing, then Borough Council shall proceed to grant or deny the license, or revoke an existing license, in the exercise of its discretion.
The holder of a license may be permitted to substitute a vehicle in place of a duly licensed vehicle; provided, however, that written notice of substitution of the vehicle shall have first been filed with the Licensing Clerk and approval given by the Licensing Clerk, which written notice shall consist of the following:
If such substitution is approved for a vehicle, the Borough-issued identification number shall then be identified with the vehicle.
License term. The term of a jitney license shall be from January 1 through December 31. A license issued after January 1 shall be valid for the balance of the calendar year in which it is issued and the fee for that year shall not be prorated.
Renewal. A renewal jitney license may be issued upon the applicant completing and filing a renewal application and verifying by oath or affirmation that there have been no changes in the information contained in the issuance of the initial applications and that they have continued to comply with all laws of the State of New Jersey relating to the operation of jitneys and is not in violations of any provisions of this article.
The jitney license card issued to a licensee shall be issued by the Borough Clerk of the Borough of Stone Harbor after the applicant has successfully completed the approval process. The applicant's license card shall at all times be prominently displayed and adequately protected in the interior of any jitney operated by the licensee so that the face thereof shall be at all times in full view and plainly legible to any passengers seated on the jitney. The license card shall at all times be and remain the property of the Borough of Stone Harbor. No license card other than that of the person actually operating the jitney at the time shall be displayed therein.
Each motor vehicle operating as a jitney in the Borough of Stone Harbor shall have permanently affixed a permanent insignia designating such motor vehicle as a jitney. The insignia shall be located on the rear bumper.
As a condition for the issuance of a license hereunder, the applicant for a jitney license shall file with the Borough Clerk an insurance policy attesting that the person and/or driver is insured under a policy of comprehensive, general liability insurance with limits of not less than $300,000 per occurrence. The Borough Clerk shall issue the certificate of compliance, in duplicate, to be filed with the New Jersey Motor Vehicle Commission in accordance with N.J.S.A. 48:16-6. The insurance policy, or an accompanying document, shall obligate the liability insurer to notify the Borough Clerk and Business Administrator of the Borough of Stone Harbor if any change occurs in the policy or if the policy is terminated or canceled for any reason.
Each owner-operator shall sign a power of attorney appointing a municipality's Chief Financial Officer as the attorney in fact to accept service of process on behalf of jitney operators on any claim against the jitney operator.
Any license issued hereunder may be revoked or suspended or any application for renewal may be denied for cause. Cause shall be deemed to be any reason set forth in the Code of the Borough of Stone Harbor for the suspension or revocation of any licenses as well as for any one or more of the following reasons:
Failure to provide complete and truthful information on the application for a jitney license or on any documentation or information required to be provided as part of the license application process;
Failure to maintain liability insurance required by this article;
Failure to comply with the motor vehicle laws of the State of New Jersey;
Failure to comply with the ordinances of the Borough of Stone Harbor;
Suspension or revocation of the applicant's driving privileges in the State of New Jersey;
Operating a jitney in a reckless or grossly negligent manner within the Borough of Stone Harbor or habitually operating a jitney in a negligent manner within the Borough of Stone Harbor;
Violation of the criminal laws of the State of New Jersey, other states and federal laws.
Before taking any such action to revoke or suspend a license or deny an application for renewal, the aggrieved party shall be notified in writing of the reasons for the revocation, suspension or denial of renewal entitled to a hearing before Borough Council in accordance with the provisions of § 487-17. Notice of revocation or suspension shall be provided by personal service or by certified mail, return receipt requested, sent to the address in the licensee's application or such other address as may be provided by the licensee.
Licensees. The following rules and regulations shall be applicable to all licensees:
Minimum license requirement. No license to own or operate any jitney shall be granted to any person who is not a licensed driver in the State of New Jersey, or any other state of the United States.
Conviction for a crime. Where a licensee has been convicted of a crime in any city, county, state or federal court, upon conviction, the Borough Licensing Clerk may revoke the license of the jitney owner-operator upon notice and hearing.
Misconduct. The Borough Licensing Clerk, the Chief of Police and the enforcement official, or their designee, shall take official cognizance of any and all misconduct, deceit, fraud, subterfuge or actions of any jitney licensee which are against the best interest of the public or the jitney industry itself, regardless of whether or not such actions are specifically covered in this article. It shall also be the direct responsibility of all departments to bring such actions to the notice of the Borough Clerk.
Transfer of license. It shall be unlawful for the holder of any license issued under this section to transfer the license to any person without the approval of the Borough Council. Applications for transfer shall be submitted to the Licensing Clerk together with a transfer application fee in the amount of $25.
False statements. It shall be unlawful for any person making application for any license or identification card to willfully make any false statements as to any of the matters required to be stated in such application. False statements are grounds to deny or revoke a license.
It shall be unlawful to drive or operate any jitney while that jitney is carrying more than 13 passengers. Each passenger must be seated while the jitney is in motion. Passengers must be treated with courtesy and respect; repeated complaints against drivers will be grounds for disciplinary action initiated by the Administrator. For purposes of this section, children in arms shall not be considered as persons.
It shall be unlawful for the operator of any jitney to bypass any prospective customer when there is space available on his jitney. Any complaints concerning the bypassing of a prospective customer by a jitney operator shall be processed and handled by the police department or the enforcement official.
The Mayor, Chief of Police and/or Emergency Management Coordinator as appropriate, in the case of actual or impending natural disaster, state of emergency or other emergency situation or public necessity, shall have authority to temporarily suspend the operation of all jitney service in the Borough. As a condition of operation within the Borough, all permitted jitneys shall comply with such suspension order and shall not be entitled to any compensation from the Borough for such period of suspended operations.
Additional rules and regulations. Borough Council may also establish by resolution such additional rules and regulations as it may be deem necessary to further the purposes of this article.
Operation of jitneys. The following rules shall apply to the operation of jitneys:
There shall be no smoking on jitneys.
Only licensed jitney owner-operators or their employees can drive an authorized vehicle.
Only a licensed jitney can be used on a prescribed jitney route.
Unsanitary, inadequate, unclean, or unsafe jitneys will not be permitted to operate.
It shall be illegal to use profanity or engage in physical violence either on jitneys or in areas on or near jitney stops.
All accidents must be reported to the Police Department as soon as possible after the occurrence.
Jitney owner-operators must notify the Police Department when a change of license number or registration number occurs.
Jitney license numbers must be displayed in the rear window of the vehicle and also above the driver's head on the inside of the vehicle in clear view of the passengers.
It shall be unlawful for any person operating a jitney for hire to drink intoxicating liquors or be under the influence of drugs of any kind while engaged in transporting passengers.
Drivers must be neat and clean at all times. No shorts will be allowed and no shirts without collars are permitted. Bare feet are prohibited. Socks must be worn with either shoes or sandals. Exterior tops and bottoms must be worn.
If a jitney breaks down and is unable to continue, passengers must be refunded their fares in full.
It shall be unlawful for any jitney to stop for the purpose of receiving or discharging passengers within 10 feet of the intersection of streets