As used in this chapter, the following terms shall have the
meanings indicated:
JITNEY
An autobus for hire and 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 on routes established wholly
within the limits of the Borough.
LICENSING CLERK
The individual designated to accept applications for licenses
and to issue licenses in accordance with this chapter.
PERSON
Means and includes an individual, sole proprietorship, partnership,
limited partnership, corporation, or limited-liability company.
STREET
Means and includes 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 all possible operational modes and conditions.
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:
A. The name, address, and date of birth of the applicant.
(1) If the application 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.
(2) If the application is a limited-liability company, its name, address
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, if any.
(3) If the application is a partnership, the same information required
of an individual application shall be required for each of the partners.
B. The applicant will cooperate with an agency authorized by the Borough
of Red Bank to complete a background check of the applicant, including
any history of commission or violation of any criminal or quasi-criminal
statutes including, but not limited to, traffic laws and municipal
ordinances.
(1) In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and, if
practical, the shareholders.
(2) In the event that the applicant is a limited-liability company, such
investigation shall include all officers of the corporation and, if
practical, the shareholders.
(3) In the event that the applicant is a partnership, such investigation
shall be required of each partner, whether full or limited partners.
C. The type of motor vehicle, the name of the manufacturer, the New
Jersey vehicle registration number, vehicle insurance policy particulars,
and valid New Jersey driver's license(s) of the intended operators
of the jitney(s).
D. Proof that the vehicle must meet all requirements to make it a CNG
or ZEV vehicle, as defined herein.
E. Proof that the seating capacity of the vehicle, according to its
trade factory rating, is intended to accommodate 13 passengers or
20 passengers, as permitted by N.J.S.A. 48:16-23.
F. 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.
G. 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.
H. 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.
I. Any other facts that the applicant believes would have any effect
on the decision to grant or deny the jitney license.
J. Any other information which the Borough Council may prescribe.
K. 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.
L. Once an application is complete and the applicant pays a nonrefundable
application fee in the amount of $150, 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 Red Bank Police Department
when completed.
[Amended 10-12-2023 by Ord. No. NP2023-16]
As a condition of conducting the investigation referred to in §
412-4 of this chapter, each applicant, by submitting an application for a jitney license, authorizes the Chief of Police and the Red Bank Police Department to release the results of such investigation to the Borough Council, Borough Manager, Borough Clerk, Code Enforcement Officer, Borough Attorney 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 60 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 §
412-7.
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 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 60 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 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 Borough of Red Bank. No license card, other than
that of the person actually operating the jitney at the time, shall
be displayed thereto.
Each motor vehicle operating as a jitney in the Borough of Red
Bank shall have permanently affixed a permanent insignia designating
such motor vehicle as a jitney license by the Borough of Red Bank.
The insignia shall be located on the rear bumper.
On all authorized jitney routes there may be charged a fare
at the discretion of the owner-operator. Only one fare can be charged
for each seat in the vehicle.
The Borough Council shall establish by resolution all routes
and stops to be utilized by jitneys. All owner-operators shall operate
their jitneys on the route designated by Borough Council. In the event
of a detour that prevents the jitney from following the designated
route, the jitney may take the shortest, safest alternate route that
will permit the owner-operator to resume operating on the designated
route.
As a condition for the issuance of a license hereunder, the
applicant for a jitney license shall, in accordance with the provisions
of N.J.S.A. 48:16-24, file with the Borough Clerk an insurance policy
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. The
insurance policy, or an accompanying document, shall obligate the
liability insurer to notify the Borough Clerk and Business Administrator
of the Borough of Red Bank if any change occurs in the policy or if
the policy is terminated or canceled for any reason. In accordance
with the provisions of N.J.S.A. 48:16-24, each owner-operator shall
execute and deliver to the Borough Clerk 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
Borough Clerk 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.