As used in this article, the following terms shall have the
meanings indicated:
JITNEY
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.
PERSON
An individual, sole proprietorship, partnership, limited
partnership, corporation, or limited liability company.
STREET
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.
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 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.
The "enforcement official" shall mean and include any of the
following:
A. The Code Enforcement Officer;
B. The Chief of Police or any member of the Stone Harbor Police Department,
as well as any other official authorized by resolution of the Borough
Council to enforce this Code and article.