[Ord. No. 2018-22]
As used in this article:
shall mean a government levy (tax) charged by the City to
jitney operators with a nexus in the City. The franchise tax for jitney
operators shall be calculated as a percentage of revenue, assessed
monthly.
shall mean 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 City. A Jitney shall
be constructed and intended to accommodate up to thirteen (13) passengers
on routes established wholly within the limits of the City.
shall mean and include an individual, sole proprietorship,
partnership, limited partnership, corporation, or limited liability
company.
shall mean and include any street, avenue, land or public
place in the City utilized for vehicular jitney traffic.
[Ord. No. 2018-22]
No Person shall operate a Jitney within the City of Asbury Park
without obtaining from the City Clerk a license issued to that Person
pursuant to this Article.
[Ord. No. 2018-22]
Application for a license to operate a vehicle as a Jitney shall
be made annually by the owner upon a form to be furnished by the City
Clerk. The application shall contain but not be limited to, full name
and address of the applicant, the year, type and model of the vehicle
to be licensed and the number of persons it is capable of carrying
and shall be accompanied by the required fee.
[Ord. No. 2018-22]
The annual fee for a license for an owner of a vehicle to operate the vehicle as a Jitney is one hundred twenty-five ($125.00) dollars, irrespective of when during the year the license is sought, to provide for the cost of administering and enforcing this Article. The fee for a Jitney driver's license under this Article is set forth below in section 8-27.2.
[Ord. No. 2018-22]
The City Clerk shall review all applications for use of vehicles
as Jitneys.
a.
In those cases where the license has been approved, the City Clerk
shall provide the licensee with a card containing the name of the
applicant, a front two (2) inch by two (2) inch straight view photograph
of the applicant, the City license number, a notice that in case of
any complaint they should notify the City Clerk in writing and the
rate of fares under which the Jitney is operated. There shall be three
(3) numbered decals issued to be placed on three sides of the vehicle.
The license shall be valid for the remainder of the calendar year
for which it is issued, and shall expire on December 31 of that year.
b.
In those cases where the license has been denied, the applicant shall
be afforded the opportunity for a hearing before the Chief of Police,
as the case may be, or his/her designee. Any request for hearing must
be made within ten (10) days of the applicant's receipt of written
notice of denial from the City. At the hearing, the applicant shall
have the right to be represented by counsel and will be afforded the
opportunity to testify himself or to present witnesses, to cross-examine
witnesses and, at his or her own expense, have a stenographic record
made of the proceedings. Following the hearing, the determination
by the Chief of Police, as the case may be, or his/her designee, shall
be final.
[Ord. No. 2018-22]
a.
The owner of a licensed Jitney shall not sell, lease, transfer or
in any other manner dispose of a license without the permission of
the City Clerk, nor shall any owner of the licenses hire out or lease
a vehicle to any driver or any other person for use within the City
for a stipulated sum over a definite period of time.
b.
Any license issued may be transferred with the payment of a transfer
fee of one hundred ($100.00) dollars upon obtaining the approval of
the City Clerk.
c.
Any new or replacement vehicle must be inspected before any license
will be transferred.
[Ord. No. 2018-22]
a.
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 City 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 one million ($1,000,000.00) dollars per occurrence.
The insurance policy, or an accompanying document, shall obligate
the liability insurer to notify the City Clerk and City Manager of
the City of Asbury Park if any change occurs in the policy or if the
policy is terminated or canceled for any reason.
b.
In accordance with the provisions of N.J.S.A. 48:16-24, each owner-operator
shall execute and deliver to the City 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 City 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.
c.
Each applicant for a Jitney license shall also execute an indemnification
and hold harmless agreement, in a form acceptable to the City Attorney,
through which the owner shall indemnify and hold harmless the City,
its officers, agents and employees, from any and all loss, costs,
damages and/or expenses suffered by any person, or to any property
arising from the owner's negligence or the negligence of the owner's
employees or agents.
[Ord. No. 2018-22]
Every person as herein defined, owning and operating a Jitney
within the City of Asbury Park shall, on or before the tenth day of
each calendar month, file with the City Clerk a statement, verified
by oath, showing the gross receipts from the business of said Jitney
during the preceding calendar month, and shall at the same time pay
to the City Clerk five (5%) percent of such gross receipts as a monthly
franchise tax.
[Ord. No. 2018-22]
No vehicle shall be hired out or operated as a Jitney within
the City without the driver first having obtained a license for that
purpose.
[Ord. No. 2018-22]
The annual license fee for each driver of a Jitney is fifty
($50.00) dollars, irrespective of when during the year the license
is sought, to provide for the cost of administering and enforcing
this Article.
[Ord. No. 2018-22]
All applicants for a Jitney driver's license shall meet all
of the following requirements:
a.
Be twenty-one (21) years of age or over.
b.
Maintain in good standing a valid and unconditional/non-provisional
State of New Jersey Motor Vehicle license, and have no more than eight
(8) New Jersey State Division of Motor Vehicle points on his or her
driving record, or the equivalent if licensed in any other state.
c.
Must not have been convicted, within three (3) years prior to the
date of the application, of reckless driving, leaving the scene of
an accident or driving more than thirty (30) miles per hour above
the speed limit, and must not have been convicted within five (5)
years prior to the date of the application of driving while intoxicated.
d.
Present the required doctor's physical form obtained from the City
Clerk certifying that he or she has been examined within the last
thirty (30) day period and that he or she is of sound physique with
good eyesight and not subject to epilepsy, vertigo, heart trouble
or any other infirmity of the body or mind which make him or her unfit
for the safe operation of a vehicle.
e.
Never have been convicted of a crime (not including a disorderly
persons or petty disorderly persons offense) or engaged in conduct
in any other State or jurisdiction, which if committed in New Jersey,
would constitute any of the crimes identified in paragraphs 1. through
4. below, within ten (10) years of the date of submission of the initial
application as identified below. A criminal background check shall
be conducted by the Chief of Police as the case may be, or his or
her designee, in accordance with N.J.S.A. 48:16-3b.
1.
Any crime involving a danger to the person meaning those crimes set
forth in N.J.S.A. 2C:11-1, et seq. (criminal homicide), N.J.S.A. 2C:12-1,
et seq. (assault; reckless endangering; threats); N.J.S.A. 2C:13-1,
et seq. (kidnapping and related offenses); N.J.S.A. 2C:14-1, et seq.
(sexual offenses); or N.J.S.A. 2C:15-1, et seq. (robbery); or
2.
Any crime (not including disorderly persons offenses) against the
family, children or incompetents, meaning those indictable offenses
set forth in N.J.S.A. 2C:24-1, et seq.; or
3.
Any crime (not including disorderly persons offenses) involving theft and related offenses as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
4.
Any crime (not including disorderly persons offenses) involving any
controlled dangerous substance or controlled substance analog as set
forth in Chapter 35 of Title 2C of the New Jersey Statutes.
f.
If a person who has been convicted of a crime listed above can produce
a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8,
or an equivalent certificate from the jurisdiction where the criminal
offense occurred if the criminal offense occurred outside of New Jersey,
then the criminal offense shall not disqualify the applicant from
operating a Jitney within the City.
g.
Complete a form furnished by the City Clerk his or her full name,
residence, places of residence for the preceding five (5) years, age,
height, color of eyes and hair, place of birth, previous employer,
whether married or single, whether he or she has ever been convicted
of an indictable offense, driving violations, or violation of this
Article and whether his or her driver's license has ever been suspended
or revoked and for what cause, which statement shall be signed and
sworn by the applicant to be true and filed with the City Clerk as
a permanent record. Any changes to any of the information contained
within the application must be reported to the City Clerk within three
(3) business days thereof, with a penalty of twenty-five ($25.00)
dollars to be assessed for each business day thereafter that any changes
are not reported.
h.
Furnish four (4) copies of photographs size two (2) inches by two
(2) inches.
i.
Shall have an acceptable understanding of the English language and
shall be able to read and write in English.
j.
Be a citizen of the United States and present a Social Security card
or possess a permanent alien registration card or work authorization.
k.
Pay a fee of fifty ($50.00) dollars to provide for the cost of administering
and enforcing this Article.
l.
Renew their license beginning in December of each year at which time
they will be notified by the City Clerk that their completed paperwork
and fee for the annual license is due in the City Clerk's office no
later than the following March 1st. Failure to meet the March 1 deadline
will result in a fine of twenty-five ($25.00) dollars per month for
each month the March 1 deadline is not met, in addition to such other
penalties prescribed in this Article for failure to have a valid license
for operation of a Jitney.
m.
There shall be filed with the City Clerk an insurance policy issued
by an insurance company authorized to do business in New Jersey in
at least the amount of $1,000,000.00 to satisfy all claims for damages,
by reason of bodily injury to, or the death of, any person(s), resulting
from, or on account of, an accident, by reason of the ownership, operation,
maintenance or use of the Jitney(s) upon any public street in the
City of Asbury Park, and to satisfy any claim for damages to property
of any person(s), resulting from, or on account of, an accident, by
reason of the ownership, operation or use of such Jitney(s) upon the
public streets of the City of Asbury Park. The insurance policy shall
remain in effect during the time that the applicant operates under
a license issued by the City of Asbury Park.
n.
Undergo a criminal history background check prior to the issuance
of an initial license, and on years ending in an odd number thereafter
prior to renewal. Such criminal history background check may be performed
by the Asbury Park Police Department or by a private outside agency
which has been approved by the Asbury Park Police Department. If performed
by an approved outside agency, then the results of the criminal history
background check shall be forwarded directly from the outside agency
to the Asbury Park Police Department. In all cases, the Asbury Park
Police Department shall be responsible for oversight of the criminal
history background check process. The applicant shall incur all costs
associated with the background check, which costs shall not exceed
a maximum of one hundred ($100.00) dollars.
o.
Must not make a false statement in any license application or any
record or certificate required to be filed or maintained, he or she
shall be subject to rejection of the application and/or the appropriate
disciplinary sanctions, including license suspension or revocation
or any penalty provided under the New Jersey Criminal Code.
[Ord. No. 2018-22]
In those cases where the license has been denied, the applicant
shall be afforded the opportunity for a hearing before the Chief of
Police as the case may be, or his/her designee. Any request for hearing
must be made within ten (10) days of the applicant's receipt of written
notice of denial from the City. At the hearing, the applicant shall
have the right to be represented by counsel and will be afforded the
opportunity to testify himself or to present witnesses, to cross-examine
witnesses and, at his or her own expense, have a stenographic record
made of the proceedings. Following the hearing, the determination
by the Chief of Police, as the case may be, or his/her designee, shall
be final.
[Ord. No. 2018-22]
[Ord. No. 2018-22]
No driver shall operate any vehicle that has been ordered off-the-road
by the Chief of Police as the case may be, or his or her designee,
because it has been found to be in unsatisfactory condition for the
transportation of passengers.
[Ord. No. 2018-22]
A driver of a Jitney who discovers any property lost or left
in his Jitney shall immediately report it to the Asbury Park Police
Department as soon as possible.
[Ord. No. 2018-22]
[Ord. No. 2018-22]
The driver must display all licenses in a conspicuous manner
so they may be conveniently read by any passenger. A card containing
the maximum rates of fare charged, the name and license number of
the operator of the Jitney and the name, address and a two (2) inch
by two (2) inch front straight view photograph of the driver of the
Jitney. These must be mounted on the front face of the dashboard,
not on it, facing the passengers.
[Ord. No. 2018-22]
A driver shall not operate or occupy a Jitney while his driving
ability is impaired by either alcohol or drugs, nor shall a driver
consume any alcoholic beverage within eight (8) hours of the start
of their shift. When facts exist that provide a reasonable objective
basis to suspect that a driver has illegally used drugs, or has consumed
alcoholic beverages, he shall submit to a breath test or drug screening
through urinalysis. A driver who refuses to submit to such testing
requested upon individualized reasonable suspicion will be subject
to revocation of his or her licenses.
[Ord. No. 2018-22]
A driver shall operate his vehicle within full compliance of
all laws.
[Ord. No. 2018-22]
The driver must notify his/her employer, if any, of any accident
and also when any motor vehicle summons has been issued to the driver.
[Ord. No. 2018-22]
During the work shift a driver may not allow any person to operate
the Jitney or occupy the driver's seat, except in the event of an
emergency.
[Ord. No. 2018-22]
No driver may have in their possession, on their person or in
the vehicle any illegal controlled substance (drugs) at any time.
[Ord. No. 2018-22]
Drivers may not at any time blow their horn to alert a prospective
customer that the Jitney has arrived.
[Ord. No. 2018-22]
The above drivers' rules contained in this Section 8-28 apply to Jitney drivers and owner/operators, when performing the duties of a driver.
[Ord. No. 2018-22]
No vehicle shall be used as a Jitney and no license shall be issued for that purpose until the vehicle has been inspected and examined by an officer designated by the Chief of Police, as the case may be, or his or her designee, and found to be in a thoroughly safe, clean and sanitary condition for the transportation of passengers. Side curtains, shades or dark tinted window glass are not permitted on any such vehicle in accordance with N.J.S. Title 39, Chapters 3 and 4. Thereafter, each owner of a Jitney shall have his/her vehicle inspected and examined by the City of Asbury Park yearly during the month of November. The validation sticker issued by the City for the prior year shall be valid until the City inspection for the current year is conducted. The City inspection shall occur subsequent to the owner obtaining inspection approval from the New Jersey Motor Vehicle Commission. Each Jitney owner shall make an appointment with the officer designated by the Chief of Police to conduct the City inspection. No vehicle shall continue to operate as a Jitney if such vehicle has been inspected and examined by the officer designated by the Chief of Police and found not to be in a thoroughly safe condition for the transportation of passengers. In no event shall any Jitney operate beyond November 30 of the immediately preceding year without a validation sticker from the City.
[Ord. No. 2018-22]
a.
Every Jitney will be assigned a number exclusive to that vehicle.
b.
When a vehicle has been retired, sold, replaced or transferred pursuant to section 8-26.5, the number will be put on any replacement vehicle.
c.
The number shall be displayed in the rear of the vehicle.
d.
The number will be three (3) inches in height and made of a reflective
type material with contrasting background to be easily read at a distance
of fifty (50) feet.
e.
No number will appear on the vehicle other than the City Clerk's
assigned vehicle number.
f.
Every Jitney shall display on each rear door of the vehicle the words
"City of Asbury Park" in letters three (3) inches in height.
[Ord. No. 2018-22]
[Ord. No. 2018-22]
a.
Rates and Charges. The price that may be charged to a passenger by
the owner or driver of a Jitney shall not exceed five ($5.00) dollars
per passenger at any time of the year. Only one (1) fare can be charged
for each seat in the vehicle.
b.
Display of Rates. Any and all rates that are being charged by Jitney
companies, shall be posted in each Jitney in a conspicuous location
and in manner so as to provide adequate notice to all passengers.
[Ord. No. 2018-22]
b.
Notwithstanding the provisions of paragraph a. above, any person violating the provisions of Section 8-2.1, Section 8-3.1 or Section 8-4.3(f) shall, upon conviction of a first offense be subject to a fine of two hundred fifty ($250.00) dollars; upon conviction of a second offense be subject to a fine of five hundred ($500.00) dollars; and upon conviction of a third or subsequent offense be subject to a fine of one thousand two hundred ($1,250.00) dollars. In addition to the above, the violator may, at the discretion of the Municipal Court Judge, be subject to a term of imprisonment not exceeding ninety (90) days in the County jail or in any other place provided by the municipality for the detention of prisoners.
c.
Nothing herein shall preclude the prosecution of any such violation
under Title 48 and/or Title 2C of the New Jersey Statutes, nor restrain
or prohibit the Mayor and Council from suspending or revoking any
license issued hereunder in accordance with the provisions of this
Article.
[Ord. No. 2018-22]
a.
Licenses issued under this Article may be temporarily suspended for
not more than seven (7) days by the Chief of Police as the case may
be, or his or her designee, in the case of an emergency.
b.
Absent an emergency, the City Council, after reasonable notice and
a hearing, may suspend or revoke a license for cause. At said hearing,
the licensee may be represented by counsel and will be afforded the
opportunity to testify himself or to present witnesses, to cross-examine
witnesses and, at his or her own expense, have a stenographic record
made of the proceedings. Following the hearing, the determination
by the Chief of Police as the case may be, or his/her designee, shall
be final.
c.
If at any time within the licensed year a Jitney driver and/or owner/operator
is convicted of an indictable offense, the City Clerk shall immediately
suspend their license, pending a hearing.
[Ord. No. 2018-22]
Except as otherwise set forth herein, any person who wishes
to appeal any determination made pursuant to the provisions of this
Article may do so in writing to the City Manager within five (5) days
of the date of the decision or determination sought to be appealed.
A hearing will be held by the City council or its designee within
ten (10) days of the date of service of the appeal.
[Ord. No. 2018-22]
The City 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 the City 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.
[Ord. No. 2018-22]
a.
It shall be unlawful to drive or operate any Jitney while that Jitney
is carrying more than thirteen (13) passengers or more than twenty
(20) passengers, as applicable, in accordance with N.J.S.A. 48:16-23.
b.
Each passenger must be seated while the Jitney is in motion.
c.
No person eight (8) years of age or younger shall permitted to be
a passenger in any Jitney vehicle without seat restraints as required
in accordance with N.J.S.A. 39:3-76.2a.
d.
No Jitney vehicle may transport passengers between the hours of 1:00
a.m. and 8:00 a.m. Hours of operations shall be designated in collaboration
with the City Manager or his or her designee.
e.
Jitney owner/operators shall not provide service to private entities
or functions within the City of Asbury Park without providing adequate
service to the designated Jitney route during designated operating
hours. Any Jitney owner/operator providing private service shall notify
the City Manager or his or her designee at least forty-eight (48)
hours prior.
f.
Passengers must be treated with courtesy and respect; repeated complaints
against owner-operators will be grounds for disciplinary action initiated
by the Asbury Park Police Department.
g.
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 Asbury
Park Police Department or the City Clerk.
[Ord. No. 2018-22]
a.
There shall be no smoking on Jitneys.
b.
Only a licensed Jitney can be used on a prescribed Jitney route.
c.
Unsanitary, inadequate, unclean, or unsafe Jitneys will not be permitted
to operate.
d.
All crashes involving a Jitney must be reported to the Asbury Park
Police Department immediately after the occurrence.
e.
Jitney owner-operators must notify the City Clerk in accordance with Section 8-26.5 when a change of license number or registration number occurs.
g.
It shall be unlawful for any person riding a Jitney to drink intoxicating
liquors or be under the influence of drugs of any kind.
h.
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.
i.
If a Jitney breaks down and is unable to continue, passengers must
be refunded any collected fares in full.
j.
It shall be unlawful for any Jitney to block a crosswalk to stop
for the purpose of receiving or discharging passengers.
