[HISTORY: Adopted by the North Wildwood City Council as indicated
in article histories. Amendments noted where applicable.]
[Adopted 6-7-2017 by Ord.
No. 1716]
As used in this article, the following terms shall have the
meanings indicated:
Any association of jitney owners and operators approved by
resolution of the City Council in accordance with the provisions of
this article.
Any motor vehicle fueled with clean-burning compressed natural
gas, gasoline permitted only as a backup fuel source.
An autobus as defined in N.J.S.A. 48:16-23.
The individual designated to accept applications for licenses.
For purposes of this article only, "licensing clerk" shall also mean
such employee or employees or entity with which the City has entered
into a shared services agreement, as may, from time to time, be designated
by the Business Administrator to assist or participate in the administration
of this article.
Includes any "person," as the term "person" is defined in
N.J.S.A. 48:16-23.
Includes any street, avenue, park, parkway, highway or public
place in the City 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.
Approved association. As the result of ongoing evaluation of this
method of transportation, the City determines that it would serve
the City best to recognize a jitney association. Recognition of an
association would serve to address needs and issues, both present
and future, that are of interest to both the City and jitney licensees,
in an efficient and in a timely manner. By recognizing a local association,
the City would monitor jitney service and be in a better position
to identify transit routes; improve safety for riders and drivers
on the City roads by identifying vehicles and drivers on recognized
routes and ensure that they are in compliance with existing City requirements;
coordinate and provide information for users of the jitney services;
maintain ongoing communication between the City and the association;
and efficiently provide information for users of the jitney services,
which would lead to decreasing traffic congestion throughout the City.
With a localized association, the jitney route system can be established
and revised through ongoing, collaborative planning to ensure widespread
access and effective allocation of resources rather than operating
simply where there may be economic opportunity, ensuring no area is
left without sufficient transit service. Towards those ends, upon
enactment of this article, the City Council shall designate, by resolution,
an association of jitney owners and operators as an approved association,
and such approved association shall remain the approved association
unless the designation as an approved association is revoked by resolution
of the City Council. Nothing in this article shall be interpreted
as a prohibition on more than one association of jitney owners and
operators being designated as an approved association.
B.
All approved associations shall have the responsibility for determining
their own internal rules of operation. Annually, on January 1 or the
first business day thereafter, an approved association shall file
a copy of its internal rules of operation and a listing of its members
in good standing with the City Clerk, who shall transmit that copy
to the Mayor, City Council and Chief of Police for review. Any association
of jitney owners and operators seeking designation as an approved
association shall file a written request, along with a copy of its
internal rules of operation and a listing of its members in good standing,
with the City Clerk, who shall transmit that request to the Mayor,
City Council and Chief of Police for review.
[Amended 5-3-2022 by Ord. No. 1873]
C.
Requirements for licensing: No person shall operate a jitney within
the City of North Wildwood unless the owner of the jitney has obtained
the consent of City Council as required by N.J.S.A. 48:16-24.
[Amended 5-3-2022 by Ord. No. 1873]
(1)
The fulfillment of the following conditions, by providing the required
items to the Licensing Clerk, shall constitute municipal consent:
(a)
A resolution of the City of North Wildwood approving the jitney
operator or proof of a valid jitney license issued by any municipality
in either Cape May County or Atlantic County in the State of New Jersey;
(b)
Proof of membership in an approved association;
(c)
Proof of insurance as required by this article;
(d)
Execution of the power of attorney as required by N.J.S.A. 48:16-24.
(2)
Said municipal consent may be revoked for the reasons enumerated
in this article and may also be revoked if any jitney operator has
had his/her license revoked by any municipality in Cape May County
or Atlantic County.
A.
Application information. An application for a jitney owner-operator's
license shall be filed with the licensing clerk upon forms provided
by the City 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, the 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, the
address of all members and the 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 applicant will cooperate with an agency authorized by the City of North Wildwood to complete a background check of the applicant in accordance with the provisions of § 420-4, including any history of commission of a violation of any criminal or quasi-criminal statutes, including, but not limited to, traffic laws and municipal ordinances.
(3)
The type of motor vehicle, the name of the manufacturer, the New
Jersey vehicle registration number, vehicle insurance policy particulars
that are compliant with the requirements that are set forth in N.J.S.A.
48:16-24 or as otherwise may be required by the laws of the State
of New Jersey, and a valid New Jersey driver's license of the owner-operator
of the jitney.
(4)
Proof that the vehicle must meet all requirements to make it a CNG
or ZEV vehicle, as defined herein.
(5)
Proof that the seating capacity of the vehicle, according to its
trade factory rating, is intended to accommodate not more than 20
passengers, as permitted by N.J.S.A. 48:16-23.
(6)
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.
(7)
The previous experience of the applicant in the business of 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.
(8)
The names and addresses of three individuals, who are not members
of the applicant's immediate family, who can verify the applicant's
good character and business and financial responsibility to operate
a jitney.
(9)
Any other facts that the applicant believes would have any effect
on the decision to grant or deny the jitney license.
(10)
Proof that the applicant is a member in good standing of an
approved association.
(11)
Any other information which the City 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 applicant pays
a nonrefundable application fee in the amount of $10, 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 North
Wildwood Police Department when completed.
A.
The holder of a jitney license pursuant to the provisions of this
article shall be responsible for any violations of this article and
of the laws of the State of New Jersey. Every licensed driver is the
agent, servant and employee of the holder of the license of the vehicle
being operated by said licensed driver.
B.
The Chief of Police or his designee, or an investigating agency,
shall be responsible for the conduct of an investigation into each
applicant for a jitney license hereunder. Initial applicants for a
jitney license shall submit to a fingerprint background check by the
investigating agency. For each of the three years following the initial
year that an applicant obtains a jitney license from the City, the
City will conduct a computer-based background check of the applicant
through the New Jersey State Police if the applicant applies for another
jitney license from the City. For example, an initial applicant in
2017 will be required to undergo a full fingerprint background check.
In 2018, 2019 and 2020, the applicant's background check will be conducted
through the State Police through the computer check. In 2021, the
applicant will again undergo a fingerprint background check.
C.
If the applicant is a corporation, limited liability company or partnership,
then the following individuals shall be subject to a background check:
(1)
In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and the
shareholders who own 10% or more of the issued stock in the corporation.
(2)
In the event that the applicant is a limited liability company, such
investigation shall include all officers of the limited liability
company and the members who own 10% or more of the ownership interests
in the company.
(3)
In the event that the applicant is a partnership, such investigation
shall be required of each partner, whether full or limited partners.
D.
The investigation shall concern all matters stated in the application
and shall determine whether the applicant for such license has any
criminal record and, if so, the circumstances of such record, including
the date, and the results of such investigation, together with recommendations
by the Chief of Police as to whether such license should be granted
or denied supported by the reason(s) for such recommendation, which
shall be forwarded to the licensing clerk, who shall deliver a copy
the report to the City Council. A copy of the report shall also be
sent to the applicant.
As a condition of conducting the investigation referred to in § 420-4, each applicant, by submitting an application for a jitney license, authorizes the Chief of Police and the North Wildwood Police Department to release the results of such investigation to the City Council, Mayor, City Administrator, City Clerk, Code Enforcement Officer, City Solicitor and licensing clerk. No such investigation shall be undertaken without such written authorization by the applicant.
Each person seeking to obtain a license to operate a jitney
in the City of North Wildwood shall submit a valid and current commercial
driver's license ("CDL"), with a passenger (P) endorsement, issued
by the State of New Jersey Motor Vehicle Commission. If the CDL license
is scheduled to expire prior to the expiration of the jitney license,
the jitney license issued in accordance with this provision will terminate
upon the expiration of the CDL license, unless the holder of the CDL
provides proof to the City that the CDL license was renewed.
The City 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 City Council may proceed to grant municipal consent and to authorize the licensing clerk to issue the license without a hearing as defined hereafter in § 420-8. 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 the City 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 for the
revocation of an existing license, the applicant owner-operator shall
be granted a hearing before the City 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 the City 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 jitney 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 City-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. Any license issued during the calendar year
shall expire on December 31 and no license fee shall be prorated for
that year.
[Amended 5-3-2022 by Ord. No. 1873]
B.
Fees. As authorized by N.J.S.A. 48:16-28, the annual jitney license
fee shall be $25.
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 application and that they
have continued to comply with all laws of the State of New Jersey
relating to the operation of jitneys and are not in violation of any
provisions of this article. A criminal records check shall be required
of renewals.
The jitney license card issued to a licensee shall be issued
by the licensing clerk 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 City of North Wildwood. 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 City of North
Wildwood shall have permanently affixed an insignia designating such
motor vehicle as a jitney licensed by the City of North Wildwood.
The insignia shall be located on the rear bumper.
[Amended 5-3-2022 by Ord. No. 1873]
On all authorized jitney routes in the City of North Wildwood
there shall be charged a cash fare identical to the cash fare charged
in the municipality where the operator’s license was issued.
A.
It shall be unlawful to operate a jitney pursuant to the provisions
of this article within the City of North Wildwood except upon such
routes as are designated by resolution of the City Council. In the
event of a detour that prevents the owner-operator from following
the designated route, the owner-operator may take the shortest, safest
alternate route that will permit the owner-operator to resume operating
on the designated route. Failure to operate a jitney on the routed
designated by resolution of the City Council shall be grounds for
revocation of the jitney license.
B.
It shall be unlawful to pick up or discharge passengers at any location
within the City of North Wildwood except at jitney stops approved
by resolution of the City Council, and picking up or discharging passengers
at any other location shall be grounds for revocation of the jitney
license.
A.
Insurance. As a condition for the issuance of a license hereunder,
the applicant for a jitney license, in accordance with the provisions
of N.J.S.A. 48:16-24, shall file with the licensing clerk a valid
certificate of liability insurance (ACORD sheet) attesting that the
person and/or owner-operator is insured under a policy of comprehensive,
general liability insurance. The limits of said insurance shall be
not less than $300,000 per occurrence, or such greater amount as may
be required by law, against loss from the liability imposed by law
upon the jitney owner for damages on account of bodily injury or death
suffered by any person as a result of an accident occurring by reason
of the ownership, maintenance, or use of such jitney upon the public
streets of the City, and such consent shall continue effective and
such operation be permitted only so long as such insurance to the
full and collectible amount shall remain in force, during the entire
term of the policy. Such insurance policy shall provide for the payment
of any final judgment recovered by any person on account of the ownership,
maintenance, and use of such jitney or any fault in respect thereto
and shall be for the benefit of any person suffering loss, damage
or injury as aforesaid. The certificate of liability insurance (ACORD
sheet), or an accompanying document, shall be submitted with the license
application and shall obligate the liability insurer to notify the
licensing clerk if any change occurs in the policy or if the policy
is terminated or canceled for any reason.
B.
Power of attorney. In accordance with the provisions of N.J.S.A.
48:16-24, each owner-operator shall execute and deliver to the Chief
Financial Officer of the City of North Wildwood, concurrently with
the filing of the policy referred to above, a power of attorney wherein
and whereby the said owner-operator shall nominate, constitute and
appoint the Chief Financial Officer as the owner-operator's true and
lawful attorney for the purpose of acknowledging service of any process
out of a court of competent jurisdiction to be served against the
insured by virtue of the indemnity granted under the insurance policy
filed.
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 City of North Wildwood 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 City of North Wildwood;
(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 City of North Wildwood or habitually operating a jitney in a negligent
manner within the City of North Wildwood;
(7)
Revocation by a municipality of the jitney license issued by that
municipality;
[Amended 5-3-2022 by Ord. No. 1873]
(8)
Failure to maintain status as a member in good standing of an approved
association;
(9)
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 and shall be entitled to a hearing before the City Council in accordance with the provisions of § 420-8. 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)
Driver's 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 of a crime. Where a licensee has been convicted of a crime
in any city, county, state or federal court, upon conviction of a
crime in any of those courts, the licensing clerk may revoke the license
of the jitney owner-operator upon notice and hearing.
(3)
Misconduct. The licensing clerk, the Chief of Police and the Code
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 licensing clerk.
(4)
Transfer of license. It shall be unlawful for the holder of any license
issued under this article to transfer the license to any person.
(5)
False statements. It shall be unlawful for any person making application
for any license or identification card to willfully make any false
statement 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 20 passengers, as applicable, in accordance
with N.J.S.A. 48:16-23. Each passenger must be seated while the jitney
is in motion. Passengers must be treated with courtesy and respect;
repeated complaints against owner-operators will be grounds for disciplinary
action initiated by the Code Enforcement Officer or the North Wildwood
Police Department. For purposes of this section, children in arms
shall not be considered as passengers.
(b)
It shall be unlawful for the owner-operator of any jitney to
bypass any prospective customer when there is space available on the
jitney. Any complaints concerning the bypassing of a prospective customer
by a jitney owner-operator shall be processed and handled by the North
Wildwood Police Department or the Code Enforcement Official.
(7)
Additional rules and regulations. The City Council may also establish,
by resolution, such additional rules and regulations as it may 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 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 North Wildwood Police Department
as soon as possible after the occurrence.
(7)
Jitney owner-operators must notify the licensing clerk in accordance with § 420-9 when a change of license number or registration number occurs.
(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 shirts without
collars are permitted. Bare feet are prohibited. 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 from the intersection
of streets.
(13)
Each jitney shall be equipped with an operational security camera
which shall be in use at all times during jitney operation. The security
camera tape or other recording device shall be made available to the
North Wildwood Police Department or other law enforcement agency upon
request.
