[HISTORY: Adopted by the Board of Commissioners
of the Township of Long Beach 3-21-2014 by Ord. No. 14-07C.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 189.
A.
A municipal transportation system (hereinafter "transportation system")
is herewith created by the Township of Long Beach (hereinafter "Township")
in accordance with and pursuant to the authorities and powers granted
to the Township by N.J.S.A. 40:48-1 et seq., and the Township is authorized
to engage in the creation, operation, and maintenance of the transportation
system in accordance with the provisions set forth herein and all
applicable laws.
B.
The transportation system shall be free of charge to any and all persons, and no fees, fares, or any other financial consideration shall be imposed and/or charged by the Township to the public in order to ride the transportation system, except as otherwise provided by § 111-3 in the event that motor vehicles comprising the transportation system are leased to third parties for use outside of the operation of the transportation system.
C.
The transportation system shall be owned and operated by the Township
and shall be created, operated, and maintained for the express purpose
of transporting the public/passengers and their personal property
within the Township and on Long Beach Island. The transportation system
may be operated by the Township for any additional lawful purpose,
including, but not limited to, the transportation of the public during
and in anticipation of declared emergencies and the transportation
of Township residents, Township officials and employees, and the general
public for special events, festivals, evacuations, transport to emergency
shelters, for transport off of Long Beach Island during declared emergencies,
and for any other various and lawful purposes as deemed by the Township.
D.
The Township may engage in any and all necessary and proper actions
required to create, operate, and maintain the transportation system
in accordance with and pursuant to all applicable laws.
E.
A referendum is authorized for submission to the voters on the next
general election to decide the question of whether the Township may
engage in the "business of transportation," meaning whether Township
is authorized by the voters to charge money to the public for the
use of the Transportation System. The referendum question shall be
as follows:
|
Shall the Township of Long Beach be permitted to engage in the
business of transportation, and, therefore, be authorized to charge
fares to persons to use the existing municipal transportation system,
as described in an ordinance of the Board of Commissioners of the
Township of Long Beach entitled "AN ORDINANCE AMENDING AN ORDINANCE
ENTITLED, "CODE OF THE TOWNSHIP OF LONG BEACH, COUNTY OF OCEAN, STATE
OF NEW JERSEY, 1997" AS THE SAME IN CHAPTER 195 PERTAINS TO THE MUNICIPAL
TRANSPORTATION SYSTEM," which was passed on April 4, 2016?
[Added 4-4-2016 by Ord.
No. 16-13] |
F.
In the event that the referendum is passed by a majority of the citizens, the Township shall be authorized to charge the public money for the use of the transportation system in a manner determined by the resolution of the Board of Commissioners, including, but not limited to, daily rates, monthly passes, and/or seasonal passes, and otherwise engage in the business of transportation in substantially the same form as the transportation system. All funds raised by engaging in the business of transportation shall be applied to purchases and costs relating to and arising out of the maintenance and operation of the transportation system only. In the event of passage of the referendum, the authority to charge fees and fares shall by operation of law amend Chapter 111 and this subsection shall supersede the provision of § 111-1(B), which precludes fees, fares, or any other financial consideration from being imposed and/or charged relating to the transportation system.
[Added 4-4-2016 by Ord.
No. 16-13]
A.
The Township may acquire by lease and/or purchase and shall maintain
any and all necessary motor vehicles that travel upon public streets
for the transportation system at the Township's discretion and
in accordance with the Local Public Contracts Law, including, but
not limited to, shuttle buses, motor buses, motorized trolleys, and
any other motor vehicle the Township shall deem necessary and proper
for the transportation system. The transportation system shall be
expressly limited to the aforesaid motor vehicles, and the Township
is not authorized to operate any other means of transportation as
part of the transportation system, including, but not limited to,
watercraft, trains, and/or railroad track and/or overhead-line-driven
electric trolleys.
B.
The Director of Revenue and Finance or his/her designee is hereby
provided with the authority to create, operate, maintain, and supervise
the transportation system, promulgate the rules, regulations, and
operating procedures of the transportation system, and shall designate
and supervise the appropriate officials and employees of the Township
who are tasked with the operation and maintenance of the transportation
system. The Director of Revenue and Finance or his/her designee is
provided with all authorities provided to the Township by this chapter.
[Amended 4-3-2017 by Ord
No. 17-10C]
C.
The Township may appoint, hire, designate, and retain officers, agents,
employees, independent contractors, and any and all other necessary
full-time, part-time and seasonal personnel the Township deems necessary
to operate and maintain the transportation system, and the Township
shall define their duties, regulate their compensation, and provide
for the terms of their employment.
D.
The transportation system shall be operated on routes and schedules,
including all stops and all methods of picking up passengers as the
Township deems necessary, and said routes and schedules may be changed
from time to time by the Township at its discretion. The transportation
system is intended for, but not limited to, operation between and
including the months of May and September of each calendar year, and
that schedule of operation may be modified at any time at the discretion
of the Township. Said routes, schedules, stops, and methods of picking
up and dropping off passengers shall be advertised by the Township
on its website, posted at the office of the Township Clerk, and advertised
by any and all other means the Township deems necessary and proper.
E.
The Township may advertise the existence and operation of the transportation
system by any and all means the Township deems necessary and proper.
F.
The Township may make and adopt any and all necessary resolutions
and enter into any and all necessary contracts as the Township may
deem necessary and proper for the conduct, operation, rental and maintenance
of the transportation system.
[Amended 6-5-2017 by Ord.
No. 17-20C]
A.
The Township may lease any method of transportation, i.e., motor
vehicle acquired to create and operate the transportation system,
the advertising space of any such motor vehicle, and/or any other
portion of the transportation system to any third parties, including
for-profit, county and municipal, and nonprofit corporations, in accordance
with all applicable laws regarding the leasing of municipal property
and equipment.
B.
The Township may contract with and/or enter into any shared services
agreements with any other municipality or municipalities to jointly
operate, maintain, fund, and/or otherwise participate in the transportation
system.
[Added 6-5-2017 by Ord.
No. 17-20C[1]]
The rental and hourly rates for the transportation system shall
be set annually by resolution of the Board of Commissioners.
All ordinances, or parts of ordinances, inconsistent with this
chapter are hereby repealed to the extent of such inconsistency.
If any word, phrase, clause, section, or provision of this chapter
shall be found by any court of competent jurisdiction to be unenforceable,
illegal or unconstitutional, such word, phrase, clause, section, or
provision shall be severable from the balance of the chapter, and
the remainder of the chapter shall remain in full force and effect.
This chapter shall take effect after final adoption and publication
as required by law.
