[Adopted 2-16-2010 by Ord. No. 2010-04]
As used in this article, the following terms shall have the
meanings indicated:
DRIVER
Any person who drives a limousine within this Township.
LIMOUSINE
A motor vehicle used in the business of carrying passengers
for hire to provide prearranged passenger transportation at a premium
fare on a dedicated, nonscheduled, charter basis that is not conducted
on a regular route and with a seating capacity in no event of more
than 14 passengers, not including the driver, provided that such a
vehicle shall not have a seating capacity in excess of four passengers,
not including the driver, beyond the maximum passenger seating capacity
of the vehicle, not including the driver, at the time of manufacture.
Nothing in this definition shall be construed to include taxicabs,
hotel buses or buses regulated by the New Jersey Department of Transportation.
LIMOUSINE SERVICE
Includes the business of carrying passengers for hire by
limousine.
OWNER
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
STREET
Includes any street, avenue, park, parkway, highway, boulevard
or other public place.
TOWNSHIP
The Township of Hardyston, Sussex County, New Jersey.
No person shall operate a limousine or engage in the limousine
business within the Township without first obtaining a license from
the Township Council. The license shall expire March 31 of the year
in which it was issued, unless sooner suspended or revoked by the
Township Council.
There are hereby established two classes of limousine licenses,
to be known as "limousine driver's license" and "limousine owner's
license."
A. Driver's license. The holder of a limousine driver's license
shall be entitled to operate within the Township any limousine whose
owner has been licensed under this article. There shall be no limit
to the number of limousine driver's licenses issued by the Township.
B. Owner's license. The holder of a limousine owner's license
shall be entitled to operate a limousine owned by him within the Township,
provided that the person driving the limousine holds a valid limousine
driver's license. There shall be no limit to the number of limousine
owner's licenses issued by the Township.
The Township Council or its designee may, in its discretion,
refuse to issue or renew or may, after notice and hearing, revoke
or suspend any license issued under the provisions of this article
if the applicant has been convicted of any crime, disorderly persons
offense or petty disorderly in this state or in any other state or
territory, or has been convicted of a violation under Title 39, Motor
Vehicles and Traffic Regulations, of the Revised Statutes of New Jersey
or who violates any provision of this article or has any judgment
unsatisfied of record arising out of an automobile accident or who
has made false answers in the application for such license or any
renewal thereof or who has failed or fails to render reasonably prompt,
safe and adequate limousine services or who has not complied fully
with all requirements of this article for such class of licensure,
or if the licensee or applicant has in any degree contributed to any
injury to a person or damage to property arising out of negligent
operation of a motor vehicle or as to any limousine owner's license
if the motor vehicle licensed or to be licensed by reason of unsafe
or unsanitary conditions is dangerous to the safety or health of the
occupants and others, or if the policy of insurance required herein
has once lapsed or such coverage is not maintained at all times, or
a limousine, at any time, carries more passengers than the same is
authorized to carry by the terms of this article.
No lettering, emblem or advertising may be placed on a licensed
limousine.
Limousine drivers shall not knowingly solicit business in a
manner similar to that of a taxicab or attempt to solicit business
by knowingly misleading a prospective passenger.
Nothing in this article shall exempt any person owning or operating
a limousine from complying with the laws relating to the ownership,
regulation and operation of limousines in the State of New Jersey.
A person who shall own and operate a limousine in any street
in this state in violation of the provisions of this article shall
be subject to the following penalties:
A. For operating a limousine without a license issued by a municipality,
operating a limousine without authority to operate a limousine in
interstate service granted by the Federal Highway Administration,
or the Interstate Commerce Commission, knowingly permitting a driver
to operate a limousine without a validly issued driver's license
or a validly issued commercial driver's license, if required,
failure to have filed an insurance policy, operating a limousine in
which the number of passengers exceeds the maximum: a fine of $1,000
for the first offense and a fine of $2,000 for the second or subsequent
offense.
B. For operating a limousine without the special registration plates
required or operating a limousine without the limousine being properly
inspected: a fine of $1,000 for the first offense and a fine of $2,000
for the second or subsequent offense.
C. For operating a limousine without the attached sideboards, if required,
failure to retain within the limousine appropriate proof of insurance
or failure to execute and deliver to the Director of the Division
of Motor Vehicles the power of attorney required: a fine of $250 for
the first offense and $500 for the second and subsequent offense.
D. For failure to be equipped with a two-way communications system,
a removable first-aid kit or an operable fire extinguisher: a fine
of $50 for the first offense and $100 for the second and subsequent
offense.
In the event that the limousine is being operated by a party
who does not have the license called for in this article, both the
driver and the owner of the limousine shall be subject to the penalty
provisions hereinabove set forth.