[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick 10-8-85 as Ord. No. 17-85.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 70, Public Transportation, adopted as follows: Art. I 8-2-23; Art. II, 8-2-23 as Ord. No. 3-23 as amended.
As used in this Article, the following terms shall have the meaning indicated:
TAXICAB
Includes any automobile or motor car, commonly called "taxi" engaged in the business of carrying passengers for hire which is held out, announced or advertised to operate or run, or which is operated or run over any of the streets of the Borough of Waldwick, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the Borough of Waldwick.
Any taxicab company whose principal place of business is in the Borough of Waldwick shall be required to obtain the consent of the Mayor and Council in order to operate any taxicab along any street in the Borough of Waldwick.
A. 
No such consent shall become effective until the owner of the taxicab shall have filed with the Clerk of the Borough of Waldwick an insurance policy of a company duly licensed to transact business under the insurance laws of the State of New Jersey, conditioned for the payment of a sum not less than ten thousand dollars ($10,000) to satisfy all claims for damages, by reason of bodily injury to or the death of any one (1) person, resulting from an accident, and a sum of not less than twenty thousand dollars ($20,000) to satisfy all claims for damages, by reason of the bodily injuries to or the death of all persons, on account of any such accident, by reason of the ownership, operation, maintenance or use of such taxicab upon any public street; and conditioned for the payment of a sum not less than five thousand dollars ($5,000) to satisfy any claim for damages to property of any one (1) person resulting from an accident, and a sum not less than five thousand dollars ($5,000) to satisfy all claims for damages to property of all persons on account of any such accident, by reason of the ownership, operation, maintenance or use of such taxicab upon any public street.
B. 
The consent shall become effective and operation hereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
C. 
The insurance policy shall provide for the payment of any final judgment use of the taxicab, or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
If such owner operates more than one (1) taxicab, he may file with the Clerk at the Borough Hall of Waldwick, in lieu of the policy required by section 70-3 of this Article, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of New Jersey, in the sum of fifty thousand dollars ($50,000), which shall be a blanket insurance covering all cabs operated by such owner, which shall provide for the payment of any final judgment recovered by any person or account of the ownership, maintenance and use of any such taxicab or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
The owner of the taxicab shall execute and deliver to the Clerk of the Borough of Waldwick concurrently with the filing of an insurance policy or insurance bond a power of attorney, whereby the owner shall appoint the Chief Fiscal Officer of the Borough of Waldwick, his true and lawful attorney for the purposes 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 or bond filed.
The Clerk of the Borough of Waldwick, upon receipt of the required insurance policy or bond and payment of the fee required by this Article, shall issue a certificate in duplicate showing that the owner of the taxicab has complied with the terms and provisions of this Article. The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of the taxicab insured hereunder and the registration number of the same. The duplicate certificate shall be filed with the Department of Motor Vehicles before any such car is licensed as a taxicab. The original certificate shall be posted in a conspicuous place within the taxicab.
Where a taxicab operates in more than one (1) municipality, the insurance policy or bond required by section 70-3 and 70-4 of this Article shall be filed with the Borough Clerk of the municipality in which the owner has his principal place of business.
A consent granted under this Article may be revoked by the Mayor and Council after notice and hearing, whenever it shall appear that the person to whom the consent was granted has failed to furnish or keep in force the insurance policy or bond and power of attorney required by this Article, or to comply with any terms or conditions imposed by the Mayor and Council, or any law of the State of New Jersey.
See Chapter 48:70-9.
[Amended 6-11-02 by Ord. No. 12-02]
As used in this Article, the following terms shall have the meaning indicated:
AUTOCAB
Means a limousine.
LIMOUSINE
Means and includes any automobile or motor car, used in the business of carrying passengers for hire, provides prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route 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 passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. Nothing in this Article 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.
LIMOUSINE OR LIVERY SERVICE
Means and includes the business of carrying passengers for hire by limousines.
PERSON
Means and includes any individual, copartnership, association, corporation or joint stock company their lessees, trustees or receivers appointed by any court whatsoever.
STREET
Means and includes any street, avenue, park, parkway, highway or other public place.
Any autocab company whose principal place of business is in the Borough of Waldwick shall be required to obtain the consent of the Mayor and Council in order to operate any autocab along any street in the Borough of Waldwick.
[Amended 6-11-02 by Ord. No. 12-02]
A. 
No limousine shall be operated wholly or partly along any street in the Borough of Waldwick until the owner of the limousine shall have filed, with the Borough Clerk of Waldwick, an insurance policy of a company duly licensed to transact business under the insurance laws of the State of New Jersey, in the sum of one million five hundred thousand dollars ($1,500,000) against loss by reason of the liability imposed by law upon every limousine owner, for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street. Such operation shall be permitted as long as the insurance policy shall remain in force to the full and collectible amount of $1,500,000.
B. 
The 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 limousine or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage, or injury as aforesaid.
[Amended 6-11-02 by Ord. No. 12-02]
The owner of the limousine shall execute and deliver to the Division of Motor Vehicles concurrently with the filing of a policy, referred to in 70:13, a power of attorney, wherein and whereby the owner shall appoint the Director of the Division of Motor Vehicles his 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.
[Amended 6-11-02 by Ord. No. 12-02]
A. 
The Clerk of the Borough of Waldwick, upon the filing of the required insurance policy and the payment of a fee which shall not exceed fifty dollars ($50.), shall issue a in duplicate a license to operate showing that the owner of the limousine has complied with the terms and provisions of this Article.
B. 
The license shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every limousine insured hereunder and the registration number of the same.
C. 
The duplicate license shall be filed with the Division of Motor Vehicles before any such car is registered as a limousine.
D. 
The original license shall be retained within the limousine and shall be available for inspection by any police officer in the State. In lieu of the recital of insurance information required on the license pursuant to this section, the owner of a limousine may affix to the original license retained within the limousine a notarized letter from an insurance company containing the same insurance coverage, and which shall also be available for inspection by any police officer in the State. A copy of the notarized letter shall constitute proof to the Director of Motor Vehicles, that the applicant has complied with the insurance provisions of this section.
[Amended 6-11-02 by Ord. No. 12-02]
Where a limousine service operates in more than one (1) municipality, the insurance policy required by Chapter 70-12 of this Article shall be filed with the Clerk of the municipality in which the owner has his principal place of business.
[Amended 6-11-02 by Ord. No. 12-02]
A. 
No person shall operate a limousine service in any street in this State without a license to operate issued by a municipality in which the owner has his principal place of business and without otherwise complying with the provisions of this article.
B. 
A consent granted under this Article may be revoked by the Mayor and Council after notice and hearing, whenever it shall appear that the person to whom the consent was granted has failed to furnish or keep in force the insurance policy and power of attorney required by this Article, or to comply with any terms or conditions imposed by the Mayor and Council or any law of the State of New Jersey.
See Chapter 48:70-17.