[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford 8-20-2013 by Ord. No. 2013-15.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former
Ch. 266, Taxicabs and Limousines, consisting of Art. I, Taxicabs,
adopted 1-1-1982 as Sec. 4-10 of the 1982 Recodification, and Art.
II, Limousines and Liveries, adopted 1-1-1982 as Sec. 4-17 of the
1982 Recodification.
The purpose of this chapter is to provide for the licensing
and regulation of taxicabs, limousines, taxicab drivers and limousine
drivers in the Borough of East Rutherford to preserve and protect
the public safety and welfare.
As used in this chapter, the following terms shall have the
meaning indicated:
Driving a taxicab or limousine on the streets or public places
of East Rutherford in search of or soliciting prospective passengers
for hire.
"Reinspection" and "spot inspection," as the case may be,
shall mean any physical inspection of the subject vehicle to determine
compliance with this chapter, including riding in the subject vehicle.
Any automobile or motor car 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 mute 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 alpha
passenger seating capacity of the vehicle, not including the driver,
at the time of manufacture. Nothing in this chapter contained shall
be construed to include taxicabs, hotel buses or buses employed solely
in transporting school children or teachers or autobuses which are
subject to the jurisdiction of the Department of Transportation, or
interstate autobuses required by federal or state law or regulations
of the Department of Transportation to carry insurance against loss
from liability imposed by law on account of bodily injury or death.
A license issued by the Borough Clerk to a person to drive
a taxicab or limousine within the Borough of East Rutherford.
Any individual, corporation, partnership, unincorporated
association or other legal entity.
A pickup booked and scheduled at least three hours in advance.
See the definition of "inspection."
An inspection conducted/performed to a vehicle already licensed
in order to insure that the vehicle is in conformity with this chapter,
including riding in the subject vehicle.
Any motor vehicle with a carrying capacity of not more than
eight persons, excluding the driver, and used to carry passengers
for hire, operated upon any street or on call or demand accepting
or soliciting passengers indiscriminately for transportation for hire
between such points along the streets as may be directed by the passengers
so being transported, provided that nothing in this chapter shall
be construed to include as a taxicab, an autobus, or a limousine when
such motor vehicle shall be hired for specific trips and shall be
subject to the direction of the person hiring the vehicle.
A person or entity which engages in the business of offering
at least one taxicab or limousine to the public and which picks up
or is hired by a person within the Borough of East Rutherford.
No person shall operate a taxicab business, or advertise as
a taxicab business, within the Borough of East Rutherford without
having first obtained a company permit from the Borough Clerk.
A.
Except as provided in § 266-5, no person shall pick up or hire any person in the Borough of East Rutherford unless the taxicab (and its operator) are licensed pursuant to the terms of this chapter.
B.
No person shall conduct a limousine business in the Borough of East
Rutherford unless such limousine (and its operator) is licensed pursuant
to the terms and conditions of this chapter.
No person who owns a taxicab or limousine required to be licensed
under this chapter shall allow a person to operate such taxicab or
limousine unless such person is licensed to operate such vehicle in
accordance with this chapter. It shall be the obligation of the owner
of a taxicab or limousine to determine whether such operator is licensed
hereunder. Both the owner and the operator of a taxicab or limousine
shall be in a violation of this chapter if the operator is not properly
licensed.
A.
Any hotel operating in East Rutherford with all necessary governmental
approvals may make an arrangement with a taxicab business holding
a duly issued company permit to permit one or more licensed taxicabs
or licensed limousines to be temporarily based at such hotel provided:
B.
A hotel seeking to register under this § 266-7 shall file an application for registration with the Borough Clerk, which application shall be completed and verified under oath and which shall contain the following information.
(1)
The corporate or trade name of the applicant, and any trade or assumed
name used by the applicant and the address of the applicant from which
the taxicab/limousine business shall be conducted;
(2)
The name and address of the owner of the East Rutherford licensed
taxicab or limousine to be based at the hotel;
(3)
The year, type and model, vehicle identification number and registration
of the vehicle for which the license is desired together with a copy
of the license issued under this chapter for such taxicab or limousine;
(4)
A sketch of the hotel site with the area where the licensed taxicab
or limousine will be based clearly marked so that it is identifiable
by a police officer on the hotel site;
(5)
Approval of the Chief of Police, or his designee, attesting to the
determination by the Chief or his or her designee that:
(6)
A consent permitting the East Rutherford Police Department to enter
onto the hotel property to enforce this chapter.
C.
No hotel registration may be transferred.
D.
No hotel base shall do, or permit any other person to do any of the
following:
[Amended 11-14-2016 by Ord. No. 2016-19]
A.
No taxicab
or limousine license may be transferred or assigned to another vehicle,
unless there is consent given by the Mayor and Council upon recommendation
of the Chief of Police or his designees.
B.
No operator’s
license may be transferred or assigned.
C.
If the
information provided in any application filed with the Borough for
any license or permit required under this chapter shall change during
the effective term of any such license or permit, the license or permit
holder shall notify the Borough within two business days of the occurrence
of such change.
A.
Each license issued under this chapter shall expire on December 31
of each year. There shall be no proration of any fees required in
this chapter; provided that no fee shall be charged for a license
for the immediately subsequent year if an application is submitted
on or after October 1 of any year.
B.
Vehicle licenses and operator's licenses are renewable upon
payment of the annual fee and the filing of an annual renewal application
by October 1 of the preceding year, subject to compliance with all
other provisions of this chapter.
A.
The annual fees for licenses required by this chapter shall be paid
to the Borough as provided in the following table:
|
Type of License
|
Annual Fee
|
To Be Paid
| |
|---|---|---|---|
|
Taxicab or limousine license (per vehicle)
|
$50
|
Upon submission of application
| |
|
Operator's license
|
$50
|
Upon submission of application
| |
|
Inspection fee (per vehicle)
|
$25
|
Upon receipt of notice from the Borough that the Chief of Police
has notified the Borough Clerk that he found no reason to deny the
vehicle license
| |
|
Substitution of vehicle
|
$10
|
Upon submission of application for approval of transfer
| |
|
Reinspection fee (per vehicle)
|
$25
|
Prior to reinspection
| |
|
Hotel base registration
|
$50
|
Upon submission of application for registration
| |
|
Company permit
|
$100
|
Upon submission of application
|
A.
Every applicant for a license or company permit under this chapter
shall file an application for such license or permit under this chapter
on forms furnished by the Borough Clerk. The application shall be
completed and verified under oath.
B.
Applicants for a company permit shall furnish the following information,
and any such information that from time to time is deemed necessary,
on forms supplied by the Borough Clerk.
(1)
The corporate or trade name of the applicant, and any trade or assumed
name used by the applicant and the address of the applicant from which
the taxicab/limousine business shall be conducted. If the address
is in a municipality other than the Borough of East Rutherford, the
applicant shall supply proof that the applicant is duly licensed by
that municipality.
(2)
The names and addresses of all stockholders, members, partners or
other owners of said business.
(3)
Fingerprints of the persons identified in response to § 266-11B(2), which shall be taken at an authorized facility, provided that the Chief of Police or his or her designee may waive this requirement for an operator's license renewal application.
(4)
The year, type and model, vehicle identification number and together
with a copy of the New Jersey Motor Vehicle issued registration of
the vehicle for each listed in the company permit application.
(5)
Insurance.
[Amended 3-18-2014 by Ord. No. 2014-02]
(a)
For each taxicab, evidence of an insurance policy naming the Borough
as an insured in the minimum amount of $35,000 or the amount of motor
vehicle liability insurance coverage required pursuant to N.J.S.A.
39:6B-1 et seq., whichever is greater.
(b)
For a company permit to operate a limousine, evidence of an insurance
policy naming the Borough as an insured in the minimum amount of $1,500,000.
(c)
The applicant shall submit the actual certificate of insurance, or,
in the case of a limousine, the actual policy, from the insurance
company naming the Borough as the certificate holder or insured, as
the case may be.
(6)
The location within East Rutherford from which the vehicle will operate.
(7)
Whether any of the members, partners, stockholders or officers of
the entity or business have been convicted of any misdemeanor or felony
and a consent from each such person to permit the East Rutherford
Police Department to conduct a criminal background check on each.
(8)
The applicant shall provide a power of attorney to the Borough in
the form provided by the Borough which states that the Borough Clerk
shall be appointed to accept and acknowledge service of process arising
out of any complaint against the insured issued through a court of
competent jurisdiction by virtue of the indemnity granted under the
insurance policy filed.
C.
Applications for an operator's license shall furnish the following
information on forms provided by the Borough Clerk:
(1)
The name and address of the applicant.
(2)
The age, height and color of eyes and hair.
(3)
A copy of the applicant's driver's license.
(4)
Whether the applicant has ever been convicted of any misdemeanor
or felony.
(5)
A passport qualified photograph (front view) taken within 30 days
of the application, which may be taken at East Rutherford Police Headquarters.
(6)
Fingerprints of the applicant, which shall be taken at an authorized
facility; provided that the Chief of Police or his or her designee
may waive this requirement for an operator's license renewal
application.
(7)
A copy of the driver's abstract issued by the New Jersey Motor
Vehicle Commission not earlier than two days prior to the submission
of the application.
(8)
A consent from the applicant to permit the Borough to conduct a criminal
background check on the applicant.
Upon the filing of an application, the Chief of Police or his
designee shall cause to be made an investigation of each applicant
for a taxicab business permit, a taxicab or limousine license or an
Operator's license, and, in the case of an application for a
taxicab license or a limousine license, an inspection of the vehicle
proposed by licensed.
A.
Vehicle inspections shall be made within 20 days of the date of application
properly filed with the Borough Clerk.
B.
The Borough shall not inspect any vehicle wherein such application
review discloses that no such license can be issued hereunder.
C.
Upon receipt of notice by the Borough Clerk that a vehicle for which
a license is sought passed the required inspection, a license for
that vehicle will be issued as soon as practicable.
D.
Written notice of the results and determination of any inspection
or reinspection shall be forwarded to the applicant within three business
days of such inspection. If a vehicle is not inspected within said
twenty-day period, or the applicant misses or cancels two appointments
to inspect such vehicle, such vehicle shall be deemed to have failed
the inspection and the inspection fee shall be forfeited.
E.
The Mayor and Council may, by resolution, enact rules and regulations
to effectuate the licensing procedure and the scheduling of inspections
or reinspections that are consistent with this chapter.
A.
The Borough Clerk shall issue a taxicab business permit, taxicab
license or a limousine license, as appropriate, to each applicant
who is fit, willing and able to perform such public transportation
as required herein, and conform to the provisions of this chapter,
including payments of proper fees and inspection of the licensed vehicles.
B.
The approval of an application shall constitute municipal consent
pursuant to N.J.S.A. 48:16-2 and 48:16-17.
C.
No taxicab business permit, taxicab license or limousine license
shall be issued except upon certification and proof that the owner
of the vehicle to be licensed has at least one driver/operator licensed
hereunder and, in the case of a taxicab business permit, has at least
one taxicab licensed hereunder.
D.
No taxicab business permit, taxicab license or limousine license
shall be issued to any person who conducts such taxicab and/or limousine
business at a location within the Borough of East Rutherford except
upon proof that such location has received all necessary government
approvals, including zoning, site plan and construction code approvals
(if applicable) to permit such business to be conducted from such
location.
Vehicles listed on a license may be substituted or replaced by other vehicles only after written authorization is granted by the Borough Clerk or her designee and payment of the transfer fee provided in § 266-10.
A.
Upon the recommendation of the Chief of Police or his designee, the
Borough Clerk shall approve or reject the application for an operator's
license. In the event that an application is rejected, the Borough
Clerk shall promptly advise the applicant.
B.
No operator's license shall be issued to any applicant:
(1)
Whose driver's license to operate a motor vehicle is suspended
or revoked.
(2)
Who has been convicted of any misdemeanor, felony or crime involving
dishonesty or moral turpitude within three years of the date of application.
(3)
Who shall have previously been convicted of driving an automobile
resulting in death to any person.
(4)
Who shall have been convicted of driving a motor vehicle while impaired
or under the influence of intoxicating liquor or drugs within five
years of the date of the application; provided, however, that upon
written application and after a public hearing on such application,
the Mayor and Council may waive not more than two years of the aforementioned
five-year period of disqualification if, after such hearing, the Mayor
and Council find that: i) the applicant has not been convicted of
driving a motor vehicle while impaired or under the influence of intoxicating
liquor or drugs within the three years prior to the application; and
ii) the applicant has no outstanding charges alleging such conduct
at the time of the hearing.
[Amended 5-20-2014 by Ord. No. 2014-11]
(5)
Who is a registered sex offender.
C.
Upon the approval of an application for an operator's license,
the Borough Clerk shall issue a license upon which shall appear the
name, age, height, color of eyes and hair of the holder thereof, the
name and address of the employer of the taxicab or limousine related
operator and a photo of the applicant. The license shall be signed
by the Borough Clerk and the Chief of Police or his/her designee.
A.
Each holder of a taxicab license or limousine license shall post
said license in a conspicuous position in the taxicab or limousine
on the dashboard; if such taxicab or limousine does not have a dashboard,
same shall be posted in the front of the taxicab or limousine which
shall be in plain view of all passengers.
B.
Each holder of an operator's license shall post said license
in a conspicuous position in the taxicab or limousine, which shall
be in plain view of all passengers.
C.
Each vehicle licensed under this chapter shall affix to the driver's
side, lower portion rear windshield, a sticker provided by the Borough
and containing such language as the Borough deems appropriate, which
shall certify that such taxicab or limousine is licensed under this
chapter.
D.
All such licenses and stickers are the property of the Borough of
East Rutherford and shall be surrendered upon demand of the Borough.
E.
Any person displaying any license or sticker which the Borough has
demanded be surrendered or returned, shall be in violation of this
chapter.
A.
The Chief of Police, or his designee, may from time to time conduct
investigations to determine that all licensees and permittees comply
with the provisions of this chapter. A taxicab or limousine license
or a taxicab business permit issued under this chapter may be suspended
by the Chief of Police, or his designee, if the holder has:
(1)
Failed to operate the licensed vehicle for more than 10 days, unless
for good cause shown.
(2)
Violated any Borough ordinance or state or federal law, the violation
of which reflects unfavorably on the fitness of the licensee to hold
a taxicab/limousine license or taxicab business permit.
(3)
Failed to keep in force the insurance policy and power of attorney
as required by state statute.
(4)
Sold, assigned or otherwise transferred the license without prior
permission of the Chief of Police or his designee.
(5)
Failed to keep a taxicab or limousine vehicle in a safe and sanitary
condition.
(6)
Charged in excess of the fee/rate schedule that is on file.
(7)
Failed to have the licensed vehicle inspected as a "spot inspection,"
when requested.
(8)
Operates a taxicab or limousine business from an East Rutherford
location in violation of any applicable ordinance or law.
(9)
Allows a person to operate a taxicab or limousine without an operator's
license.
B.
Whenever the holder of more than one vehicle license shall be suspended
for a violation of any section of this chapter, the Chief of Police
or his designee shall have the power to also suspend all other licenses
held by the same person if the violation giving rise to the suspension
affects all.
C.
Except as provided in Subsection E, prior to suspension or revocation, the licensee shall be given written notice of the proposed action to be taken and the reasons therefor, and he or she shall have an opportunity to be heard before the Chief of Police or his designee.
D.
Except as provided in Subsection E, before any revocation or suspension of a taxicab or limousine license shall become effective, the holder thereof may appeal the decision to the Mayor and Council within 15 days of the receipt of notice of the intended action.
E.
Whenever the Chief of Police, or his designee, determines that the
acts or condition of a taxicab or limousine constitutes an imminent
danger to or jeopardize the public safety, he may suspend immediately
the license relating to such taxicab or limousine of said individual;
provided, however, that a hearing shall be held if requested by the
licensee before the Mayor and Council on such action within five days
of the suspension.
F.
Any taxicab or limousine license that is suspended and/or revoked,
wherein the suspension and/or revocation is based upon the condition
of the taxicab or limousine which is in violation of this chapter,
shall only be relicensed or reinstated upon such vehicle being reinspected
and payment of the applicable fees, including a reinspection fee of
$25 and the application fee of $35, if applicable.
G.
Any licensed vehicle which is made subject to a "spot inspection"
to determine compliance with this chapter shall not be subject to
an inspection fee for such inspection.
A.
An operator's license issued hereunder may be suspended or revoked by the Chief of Police, or his designee, for failure to meet or continue to meet any of the provisions of this chapter, including being unable to presently qualify to hold such a license for any reason articulated in § 266-15 hereof.
B.
Except as provided in Subsection C below, before any revocation or suspension of an operator's license shall become effective, the holder thereof may appeal the decision to the Mayor and Council within 15 days of the receipt of notice of the intended action.
C.
Whenever the Chief of Police, or his designee, determines that the
acts or condition of a taxicab operator constitute an imminent danger
to or jeopardize the public safety, he may suspend immediately the
license of said individual; provided, however, that a hearing shall
be held if requested by the licensee before the Mayor and Council
on such action within five days of the suspension.
D.
The discharge of a driver by his employer shall automatically suspend
the operator's license. No fee shall be charged for an operator's
license if the same individual is rehired by another licensed taxicab
operator licensed in the Borough of East Rutherford during the same
calendar year.
A.
No taxicab or limousine license shall be issued unless the vehicles
meet all the requirements and standards of the New Jersey Division
of Motor Vehicles and carry a current inspection sticker issued by
said Division. If the New Jersey Division of Motor Vehicles or any
authorized inspection agency of the state, upon inspection of any
vehicle regulated by this chapter, does not "pass" inspection, such
vehicles shall not be permitted to operate within the Borough until
they have successfully passed inspection.
B.
Except as provided in § 266-19D, each taxicab shall meet the requirements set forth below and shall continue to meet the requirements set forth below for the entire licensing period.
(1)
A minimum of four operable side doors, two leading into the driver's
compartment and two leading into the passenger's compartment.
Each door shall have an approved operable safety lock and shall be
so constructed that it may be opened from the inside and the outside
when engaged.
(2)
A passenger compartment light adequate to illuminate the interior
of the passenger's compartment.
(3)
Each taxicab shall bear on the outside of each front door, in black
painted letters, not less than three inches in height, the name of
the owner of the taxicab, the public telephone number of the owner
and the number of the taxicab if the same owner operates more than
one vehicle.
(4)
Each taxicab shall have a roof light permanently attached to the
roof of said taxicab with the word "Taxi" inscribed thereon and illuminated
when the taxi is on duty.
(5)
In addition to the other requirements of this chapter, all taxicabs
shall comply with the applicable regulations of all other government
agencies having jurisdiction over taxicabs or the taxicab business.
C.
The exterior, interior and upholstery of each vehicle operating under
this chapter shall be kept in a safe and sanitary condition, and shall
be free from dents, missing parts, or other unsightly conditions.
E.
Inspection and approval of taxis and limousines for licenses shall
be for compliance with this chapter only and shall not mean that East
Rutherford is approving the mechanical fitness or safety of the vehicles
inspected. Each of the owners and operators of licensed taxis and
limousines shall indemnify and hold harmless the Borough of East Rutherford,
its agents and employees for any and all liability arising out of
the inspection and approval of all licensed taxis and limousines.
F.
The Chief of Police or his designee may issue a temporary vehicle
inspection approval for a period not to exceed 30 days from the submission
of the vehicle for inspection.
G.
In the event that a vehicle equipment or maintenance deficiency is
a violation of both this chapter and Title 39 of the New Jersey Statutes,
then a summons shall issue under Title 39 and not under this chapter.
However, this explicit preemption of this chapter by Title 39 of the
New Jersey Statutes shall not prohibit the denial or revocation of
a taxicab license because a violation summons is issued under Title
39 of the New Jersey Statutes.
B.
No taxicab driver shall charge fees in excess of the fee/rate schedule
that is on file with the Chief of Police, the Borough Clerk, or their
designees.
C.
All drivers (both taxicab and limousine) shall comply with all Borough,
state and federal laws.
D.
All drivers (both taxicab and limousine) shall comply with all reasonable
and lawful requests of passengers as to the route of the vehicle.
E.
Any motor vehicle accident involving a taxicab or limousine licensed
by East Rutherford and causing injury to a person or to property of
another in excess of $100 shall be reported immediately by the driver
to the Chief of Police or his designee regardless of where the accident
occurred.
F.
The owner and operator of each taxicab or limousine shall keep a
daily record recording all trips made by each taxicab or limousine
showing the time and place of origin and destination of each trip
and amount of fare. All such records shall be retained by the owner
for one year, who shall be responsible for the maintenance of daily
records of all cabs owned by him. Said daily records may be reviewed
at any time by the Borough for the purpose of assuring that there
is compliance with this chapter.
G.
No taxicab or limousine shall engage in cruising.
H.
No taxicab or limousine shall park or stop to await passengers at
any location other than the business location of the taxicab or limousine
noted on its license.
A.
Any person applying for any license or registration under this chapter
who shall have such application denied, or any person issued any license
hereunder who shall have such license revoked or suspended, or who
is any way aggrieved by any decision of the Chief of Police, or his
respective designee, shall have the right to appeal such decision
or determination to the Mayor and Council of the Borough of East Rutherford
within 10 days of notice of such decision or determination.
B.
Such person shall file such appeal by giving notice thereof to the
Borough Clerk, which notice shall include a written statement setting
forth the basis of such appeal.
C.
The Mayor and Council shall conduct a public hearing within 10 business
days of such notice, and render a decision within five business days
of such hearing.
D.
The Mayor and Council may affirm or reverse such decision or determination
or remand the matter back to the Chief of Police to act in conformity
with any determination made by the Mayor and Council at such hearing.
E.
Nothing herein shall affect or limit the Chief of Police, or his
designee from having any violation of this chapter brought to the
attention of the Municipal Court.
F.
Notwithstanding anything to the contrary, the Mayor and Council shall
have no jurisdiction to hear any matter which was or is the subject
of a matter that was heard or is pending in the East Rutherford Municipal
Court.
A.
No person shall operate a taxicab before such person files the fare
schedule (rate schedule), which schedule shall include all costs,
surcharges, etc., for taxi services, with the Borough Clerk and the
Chief of Police, or their designees.
B.
The taxicab licensee has the option of either establishing fares
based on mileage and waiting times or based on a flat fee schedule
or some other equitable formula. Said rate schedule may set a maximum
and minimum fare in or between zones.
C.
Whenever such person or taxicab company shall submit an amended fare
schedule to the Borough Clerk and the Chief of Police, such new rates
shall not be effective until 30 days after its submission. Notice
of said new rates shall also be posted in all taxicabs 30 days prior
to its effectiveness.
D.
Notwithstanding Subsections A, B, and C, the Chief of Police or his designee shall from time to time require all licensees to complete rate sheets by inserting the fares to be charged between various points of passage. Such rate sheets shall be the maximum fare. No distinction in rates may be made for time of day or weather conditions.
E.
Prior to the transportation for hire of any person by a taxicab,
the customers shall be told the rate of fare for the trip or, if such
trip is based upon the mileage factor, the rate of fare for each mile
or fraction thereof.
F.
All taxicabs shall have posted within the taxicab, in view of the
passenger, a card which shall read as follows: "Passengers shall be
advised of the rate of fare prior to the commencement of the trip."
G.
All taxicabs shall have posted within the taxicab, in view of the
passenger, a fare schedule of all rates imposed.
It shall be unlawful for any person to refuse to pay the legal
fare after having hired the taxicab and it shall be unlawful for any
person to hire any taxicab with intent to defraud the person from
whom it is hired of the value of such service.
Notwithstanding anything to the contrary, the Borough Clerk
shall not issue more than the number of licenses for each type of
license, permit or registration required by this chapter:
|
Type of license, Permit or Registration
|
Maximum Number
|
|---|---|
|
Company permit
|
8 with an East Rutherford address and 6 with an address outside
of East Rutherford
|
In addition to suspension and/or revocation of a license pursuant
to this chapter:
A.
Any person who shall violate § 266-7 of this chapter shall, upon conviction, be punished by a fine of $500 for the first offense, $1,000 for a second offense and $2,000 for a third or subsequent offense.
B.
Any person who shall violate any of the provisions of this chapter other than Section 266-7, upon conviction thereof, shall be punished by a fine of not less than $250 for a first offense, not less than $500 for a second offense, or $1,000 for a third offense or subsequent offense, or by imprisonment in the county jail for a period not to exceed 90 days, or shall be required to perform community service for a period not to exceed 90 days, or both.
C.
Any person who is convicted of violating any provisions of this chapter
within one year of the date of a previous conviction of the same section,
and who was fined for the previous violation, shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of this chapter, but shall be calculated separately from
the fine imposed for the violation of the chapter.
