[HISTORY: Adopted by the City Council of the City of Hackensack 9-18-1950 as Ord. No. 452; amended and revised 10-5-1959 (Ord. No. 717) as Ch. 3, Article IV,
of the 1959 Revised Ordinances. Sections 56-4, 56-5, 56-6A, 56-8 and 56-9
amended at time of adoption of Code; see Ch. 1, General Provisions, Article
I. Other amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch.
107.
Vehicle and traffic regulations — See Ch.
170.
The purposes of this chapter are to:
A. Properly supervise, control and license the use of the
public streets and highways within the territorial limits of the City of Hackensack
for the purpose of carrying on the business of teaching automobile driving
to inexperienced drivers.
B. Prevent the use of the public streets and highways in
built-up and populated residential districts within the territorial limits
of the City of Hackensack.
As used in this chapter, the following terms shall have the meanings
indicated:
AUTOMOBILE DRIVING SCHOOL OR AUTOMOBILE DRIVING BUSINESS
Includes any business which uses the public streets and highways
of the City of Hackensack for the purpose of instructing and teaching inexperienced
or unlicensed automobile drivers how to operate a motor vehicle, for a monetary
compensation or a valuable consideration, either directly or indirectly, of
any kind or character.
No person, firm or corporation shall manage, conduct, operate and carry
on the business of automobile driving schools within the territorial limits
of the City of Hackensack, as defined by this chapter, without first having
obtained a license therefor as hereinafter provided.
All applications for such license shall be on forms to be provided by the Police Department, shall contain the information required by §
107-6B of Chapter
107, Licenses and Permits, and shall also state or be accompanied by the following:
A. Cash or certified check for the fee in full for said
license as hereinafter provided.
B. Full name and address or addresses for the last five
years of the person, firm or corporation making the application for the license.
C. Complete information as to year, model and make of all
motor vehicles to be used in the carrying on and conducting of the said business
within the territorial limits of the City of Hackensack.
D. Name and address or addresses for the last five years
of each and every automobile operator-instructor employed by the person, firm
or corporation making the application, together with said automobile driver's
license number.
E. The name of each and every public street or highway within
the territorial limits of the City of Hackensack which the licensee proposes
to use as a learning grounds for the carrying on of its business.
F. A certificate issued by the Superintendent of the Traffic
Bureau of the City of Hackensack, certifying the following:
(1) That each of the vehicles described in Subsection
C above has been checked and approved for:
(a) Current state inspection seal, brakes, horn, windshield
wipers, rear view mirrors and general mechanical condition.
(b) Adequate dual controls for the operation thereof.
(2) That each automobile operator-instructor has been a duly
licensed automobile operator of the State of New Jersey or another jurisdiction
for five consecutive years last past and is presently the holder of an unconditional
license to operate a motor vehicle in the State of New Jersey; that he or
she has never been convicted in this or any other jurisdiction of any of the
following motor vehicle violations, to wit: driving while under the influence
of intoxicating liquor, reckless driving or careless driving, or a violation
or violations of any state motor vehicle act, resulting in the suspension
of his or her driver's license.
(3) That the streets named pursuant to Subsection
E hereinabove have been checked and that the same comply with the provisions of §
56-10 of this chapter.
G. A policy of insurance with the premium prepaid thereon,
written by an insurance company duly licensed to transact business under the
insurance laws of the state, which has been submitted to the City Attorney
and approved by him as to form and sufficiency.
(1) Such policy shall be conditioned for the payment of a
sum of not less than $250,000 to satisfy all claims for damages by reason
of bodily injury to or the death of any one person, and for a sum of not less
than $500,000 to satisfy all claims for damages by reason of bodily injury
to or the death of all persons, resulting from an accident by reason of the
ownership, operation, maintenance or use of the vehicle to be licensed; and
a sum of not less than $250,000 to satisfy all claims for damages to property
of any one person resulting from such accident, and a sum of not less than
$50,000 to satisfy all claims for damages to property of all persons on account
of any such accident, by reason of the ownership, operation, maintenance or
use of such vehicle.
(2) Such policy shall provide for the payment of any final
judgment recovered by any person against the said applicant, his agents, servants,
employees or learner-operators as a result of injury or death or property
damages suffered by third parties by reason of said ownership, maintenance
or use of said vehicles.
(3) Concurrently with the issuance of the license, the applicant
shall deliver the original of such policy, together with a power of attorney
wherein and whereby the said applicant constitutes and appoints the City Treasurer
as his true and lawful attorney for the purpose of acknowledging service of
any process of a court of competent jurisdiction to be served against the
insured by virtue of the indemnity granted under the said policy.
The fee to be paid for the automobile driving school license shall be the amount set forth in Chapter
107, Licenses and Permits, and all licenses granted hereunder shall expire on the first day of July succeeding the date of issue. No license fee shall be prorated.
A. All licenses shall be issued by the Police Department
of the City of Hackensack.
B. The automobile driving school licenses herein provided
for shall bear a number and shall state the name and address of the person,
firm or corporation licensed and the names of all public streets and highways
within the territorial limits of the City of Hackensack upon which the said
licensee may conduct the said business.
C. The name and address of the automobile operator-instructor
of each motor vehicle actually engaged in the business under said license
shall be conspicuously exhibited in the said motor vehicle at all times while
same is being operated in the carrying on of said business.
Licenses issued hereunder shall not be transferable or assignable except
by resolution of the City Council and by the qualification of the transferee
or assignee with the provisions of this chapter as if such request for transfer
or assignment was an original application.
In case of any change of a motor vehicle or change of an operator-instructor
or change of any other material fact or statement required to be set forth
in said application, before or after a license is issued hereunder, such change
shall be immediately reported to the Police Department and such motor vehicle
shall not be used or operator-instructor employed in the business of the licensee
until approved by proper authority in accordance with the provisions of this
chapter as in the case of an original application.
The City Council reserves the right at all times to suspend or revoke the operation of the license permitting the conducting and carrying on of the business of an automobile driving school upon the public streets and highways within the territorial limits of the City of Hackensack as provided in Article
VII of Chapter
107, Licenses and Permits.
Use of the public streets and highways within the territorial limits
of the City of Hackensack as learning grounds for inexperienced drivers, by
persons, firms or corporations engaged in the business of an automobile driving
school, in residential districts wherein the frontage on the public streets
or highways is mainly occupied by dwellings or buildings less than 300 feet
apart, is hereby prohibited.