[Adopted 9-6-1922 by Ord. No. 125 (Ch.
189, Art. I, of the 1984 Code)]
No autobus, commonly called a "jitney," shall
be operated in the public streets or places of the Borough of North
Arlington, unless the provisions of this article are complied with.
No autobus or buses, commonly called "jitneys,"
shall be operated in any of the public streets or places of the Borough
of North Arlington, unless the owner, or his/her or its lessee (who
shall, for the purposes of this article, be considered the owner),
operating such autobus or buses shall have procured a license, in
the manner herein provided, and shall have paid the fee therefor.
[Amended 2-21-1923 by Ord. No. 135]
A.
Any person, firm or corporation desiring to operate
an autobus or autobuses, commonly called "jitneys," in, over and through
the public streets or places of the Borough of North Arlington, shall
make an application, in writing, to the Mayor and Council of the Borough
of North Arlington.
(1)
The application shall state:
(a)
The name of the owner or person, firm or corporation
intending to operate such autobus or buses.
(b)
The residence and business address of such applicant.
(c)
The number of buses which said applicant intends
to operate within the Borough of North Arlington.
(d)
The seating capacity of each bus.
(e)
The streets, avenues and public places upon
which such buses will be operated.
(f)
An agreement to comply with the requirements
contained in this article or any supplement or amendment thereof.
(2)
Said application shall be accompanied by a license
fee of $25 per year for each bus or jitney.
[Amended 10-16-1984 by Ord. No. 1307]
B.
The Mayor and Council of the Borough of North Arlington
shall, at its next meeting after the presentation of such application,
consider and pass upon such application. If in its judgment it is
proper for the good government, order and protection of persons and
property and for the preservation of the public health and safety
of the Borough of North Arlington and its inhabitants, the Mayor and
Council may refuse such application or may grant the same with or
without modifications as to the number of such buses to be operated
within the Borough of North Arlington and the route to be traveled.
Upon the granting of such application, either with or without modifications
as aforesaid, a license shall be issued to such applicant, signed
by the Borough Clerk. The license shall set forth the date of application
therefor, the date of the granting of such license by the Mayor and
Council of the Borough of North Arlington and the seating capacity
of the bus. Every license granted shall expire on December 31 of the
year in which it is issued. Such license may be renewed to the same
licensee, without further application, upon payment of the license
fee herein provided for. In case of an application granted after the
first day of July in any year, the license fee to be paid shall be,
for the remainder of such year, 1/2 of the yearly rate as hereinbefore
set forth. Any license granted, as herein provided, may be revoked
after a hearing upon notice, for a violation of any of the laws of
the state or of any of the terms and provisions of this article or
of any ordinance amendatory hereof or supplemental hereto.
[Amended 10-16-1984 by Ord. No. 1307]
No license hereunder shall become effective
or remain in force and no operation of any autobus under any such
license shall be permitted until the owner of such autobus shall have
filed with the Borough Clerk an original insurance policy written
by a company duly authorized and licensed to transact business under
the insurance laws of the State of New Jersey. The policy shall be
in the sum of $500,000/$1,000,000/$50,000), insuring the owner against
loss from liability imposed by law upon the autobus owner for damages
on account of bodily injury or death or property damage suffered by
any person or persons, as a result of the ownership or operation or
use of such autobus within the Borough of North Arlington. The policy
shall provide that the liability under such policy shall be exclusively
for damages done or sustained within the limits of the Borough; provide
for the payment of any final judgment to be recovered by any person,
firm or corporation against the owner or operator of such autobus
growing out of the ownership, operation or use of such autobus within
the limits of the Borough; and provide that such insurance and the
conditions of such policy shall be for the benefit of every person,
firm or corporation suffering loss, damage or injury as aforesaid.
No license shall be issued until there shall
have been filed, with the Borough Clerk by the owner of such autobus,
a power of attorney, wherein and whereby such owner shall constitute
and appoint the Borough Clerk of the Borough of North Arlington for
the time being, or his/her successors in office, as a true and lawful
attorney of such owner for the purpose of receiving service of any
process out of any court of competent jurisdiction against such owner,
with the same force and effect as though such service had been made
upon such owner personally, if any individual, or, upon an officer,
director or registered agent thereof, if a corporation. Such power
of attorney shall remain in force and effect so long as such owner
shall operate, as owner, any autobus within the Borough of North Arlington.
The power of attorney herein provided for need not be filed as a condition
precedent to the renewal of a license previously issued to the same
owner.
Every person, firm or corporation operating
any autobus or autobuses within the Borough of North Arlington shall
operate the same over a route or routes set forth in their application
and over no other route or routes, except pursuant to permission of
the Mayor and Council of the Borough of North Arlington, evidenced
by a resolution duly adopted by said Mayor and Council of the Borough
of North Arlington. In case any portion of any such route shall be
temporarily obstructed or closed to traffic, then such autobus or
buses may be operated upon such other street or streets or public
places as to make a detour to the nearest open portion of such route
as directed by the Superintendent of Public Works.
A.
Every person, firm or corporation operating an autobus
or autobuses within the Borough of North Arlington shall, with the
application herein provided for, file with the Borough Clerk:
(1)
A schedule showing the regular stopping places for
taking on and letting off passengers within the Borough.
(2)
A schedule showing the time when such bus or buses
will arrive at such stopping places.
(3)
A statement of the entire route, both within and without
the Borough, to be traveled by such autobus or buses.
(4)
A schedule showing the time when such bus or buses
will leave their respective termini of each route.
B.
The aforesaid schedules shall be subject to change
due to unforeseen causes and reasonable delays, but in no case shall
any autobus leave any fixed stopping place before the time shown by
such schedule.
C.
A copy of the time schedule shall be posted in a conspicuous
place on each autobus.
D.
The time schedule may be changed upon 10 days' notice,
in writing, which notice shall be filed with the Borough Clerk at
least 10 days before such proposed change will take effect.
[Amended 2-21-1923 by Ord. No. 135; 10-16-1984 by Ord. No.
1307]
The Mayor and Council shall set the rates of
fare from time to time.
All stops for taking on and letting off passengers
at corners shall be on the near side of the intersecting streets.
A.
Every autobus operated within the Borough shall be
equipped with suitable tires and shall have one or more lights on
the inside thereof, which shall be kept lighted at all times from
one hour after sunset until daylight.
B.
Every autobus shall be operated carefully and within
the speed limits provided for by law and shall be equipped with chains
or other devices, approved by the Police Department, to prevent skidding,
when necessary because of ice, snow or slippery conditions of the
streets.
No autobus shall be operated within the Borough
which shall carry more than the number of passengers stated in the
application for the license for such autobus, nor shall any passenger
be permitted to stand on the steps of such autobus when the same is
in motion.
[Amended 10-16-1984 by Ord. No. 1307]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, Article I, General Penalty, in the discretion of the court. The continuation of such violation 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.
