[Adopted 2-19-2013 by Ord. No. 1413]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
Any motor vehicle that produces zero exhaust emissions of
all criteria pollutants under any and all possible operational modes
and conditions.
A.
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.
B.
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.
A.
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:
(1)
The name, address, and date of birth of the applicant.
(a)
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.
(b)
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.
(c)
If the applicant is a partnership, the same information required
of an individual applicant shall be required for each of the partners.
(2)
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.
(3)
Proof that the vehicle shall meet all requirements to make it a CNG
or ZEV vehicle, as defined herein.
(4)
Proof that the seating capacity of the vehicle, according to its
trade factory rating, is intended to accommodate 13 passengers.
(5)
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.
(6)
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.
(7)
Any other facts that the applicant believes would have any effect
on the decision to grant or deny the jitney license.
(8)
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.
(9)
Any other information which the Borough Council may prescribe.
B.
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.
C.
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.
A.
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:
B.
If such substitution is approved for a vehicle, the Borough-issued
identification number shall then be identified with the vehicle.
A.
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.
C.
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.
[1]
Editor's Note: Former § 487-21, Fares, was repealed 4-2-2019
by Ord. No. 1544.
A.
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.
B.
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.
A.
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:
(1)
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;
(2)
Failure to maintain liability insurance required by this article;
(3)
Failure to comply with the motor vehicle laws of the State of New
Jersey;
(4)
Failure to comply with the ordinances of the Borough of Stone Harbor;
(5)
Suspension or revocation of the applicant's driving privileges in
the State of New Jersey;
(6)
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;
(7)
Violation of the criminal laws of the State of New Jersey, other
states and federal laws.
B.
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.
A.
Licensees. The following rules and regulations shall be applicable
to all licensees:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Passengers.
(a)
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.
(b)
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.
(7)
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.
(8)
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.
B.
Operation of jitneys. The following rules shall apply to the operation
of jitneys:
(1)
There shall be no smoking on jitneys.
(2)
Only licensed jitney owner-operators or their employees can drive
an authorized vehicle.
(3)
Only a licensed jitney can be used on a prescribed jitney route.
(4)
Unsanitary, inadequate, unclean, or unsafe jitneys will not be permitted
to operate.
(5)
It shall be illegal to use profanity or engage in physical violence
either on jitneys or in areas on or near jitney stops.
(6)
All accidents must be reported to the Police Department as soon as
possible after the occurrence.
(7)
Jitney owner-operators must notify the Police Department when a change
of license number or registration number occurs.
(8)
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.
(9)
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.
(10)
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.
(11)
If a jitney breaks down and is unable to continue, passengers
must be refunded their fares in full.
(12)
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
The "enforcement official" shall mean and include any of the
following:
