[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 11-1-20 as Ord. No. 114. Section 51-1, Section 51-16 and Section 51-18 amended at time of
adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
No jitney shall be operated, wholly or partly, along any street
in the borough until the owner or owners thereof shall obtain the
consent of the Council for the operation of such jitney and the use
of any street or streets of the borough therefor, and no such consent
shall become effective and no such operation shall be permitted until
the owner of such jitney shall have filed with the Borough Clerk an
original insurance policy of a company duly licensed to transact business
under the insurance laws of the State of New Jersey, in an amount
to be determined by the Borough Council, 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 or persons as a result of an
accident occurring by reason of the ownership, maintenance or use
of such jitney upon the public streets of the borough and upon such
other portion of the route named in the license as is outside of the
borough limits, and such consent shall continue effective and such
operation be permitted only so long as such insurance shall remain
in force. 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 every person suffering loss, damages
or injury as aforesaid. Further, a power of attorney shall be executed
and delivered to such Borough Clerk concurrently with the filing of
the policy hereinbefore referred to, wherein and whereby the said
owner shall nominate, constitute and appoint such Borough Clerk 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 insured by virtue of the indemnity granted under the insurance
policy filed. The owner of such jitney shall at all times during the
continuance of said license keep in force an unattached insurance
policy in an amount to be determined by the Borough Council. Any such
consent may be revoked by the Council after notice and hearing whenever
it shall appear that the person to whom such consent was granted has
failed to furnish and keep in force the insurance and power of attorney
herein required or to comply with any terms or conditions imposed
by the Council or any law of the State of New Jersey.
[Amended 7-3-22 by Ord. No. 132]
The licensed driver shall make the trip through the borough
on the route designated by his license and return by the same route
at least once every hour from 7:00 a.m. to 7:00 p.m., but in no case
shall such route be laid on East or West Main Streets or Somerset
Street or any part thereof.
A.
Applications for license hereunder shall be made to the Borough Clerk.
Said application shall state:
(1)
The name, age, business address and place of residence of the applicant,
if a natural person; and if a copartnership or association, the names
and places of residence of all persons interested therein; and if
a corporation, its name and the date and place of incorporation.
(2)
Whether the applicant is the owner of the vehicle to be licensed.
(3)
The type of vehicle for which a license is sought and the name of
its manufacturer or the name by which said vehicle is popularly known.
(4)
The horsepower, factory number and state license number of the vehicle
to be licensed.
(5)
The seating capacity of such vehicle according to its trade factory
rating.
(6)
The termini of the route on which said vehicle is to be used or operated
in the transportation of passengers.
(7)
Whether said vehicle is equipped with nonskid tires on the rear wheels
or with nonskid chains or other safety devices, and if so, which thereof.
(8)
Whether the applicant is a citizen of the United States.
B.
The signature of the person making such application shall be verified
before a notary public or other person duly authorized to administer
oaths.
[Amended 7-3-22 by Ord. No. 132]
The license fees under this chapter shall be as follows:
A.
For vehicles carrying from one (1) to seven (7) passengers, inclusive:
seven dollars and fifty cents ($7.50) per year.
B.
For vehicles carrying from eight (8) to eleven (11) passengers, inclusive:
fifty dollars ($50) per year.
C.
For vehicles carrying from twelve (12) to twenty (20) passengers,
inclusive: one hundred seventy-five dollars ($175) per year.
D.
For vehicles carrying twenty-one (21) or more passengers: two hundred
fifty dollars ($250) per year.
The applicant for a license hereunder shall, when filing such
application, therein specify the route, termini and headway and shall
deposit with the Borough Clerk fifty percent (50%) of the amount of
the fee, which shall be retained (if the license shall be granted)
and applied to the cost of the license for the year. The Borough Clerk,
upon receiving such application, shall forthwith make diligent investigation
of said application and report thereon in writing to the Borough Council
as soon as possible. If the Borough Council shall consent to the issuance
of a license to such applicant, a license certificate shall be issued
by the Borough Clerk unless it shall appear to him:
A.
That the person in whose name the application for license is made
has not filed with the Borough Clerk an insurance policy and power
of attorney as herein required.
B.
That the premium payable to the insurance company for the issue of
such policy has not been paid to said company or its authorized agent.
C.
That the applicant has not complied with all the terms and conditions
of this chapter and of the statutes of New Jersey applicable to motor
vehicles.
D.
That the vehicle for which the license is applied for is inadequate
or unsafe for use as a jitney or is insufficiently equipped with nonskid
tires on rear wheels or with nonskid chains or other safety devices
for use as hereinafter provided.
All licenses issued hereunder shall expire on June 30 following
the date of issue, unless sooner revoked.
The route to be designated for the license provided for herein
shall be that designated in the license granted by the Borough Clerk,
and the license shall be limited to the use of the streets designated
in said license, and each vehicle shall be operated from beginning
point to terminus before returning over the designated route. All
licenses shall prescribe the headway for the operation thereof. Such
applicant may designate a terminus outside the borough limits, and
by the acceptance of the license shall agree to operate to and from
such terminus and agree to all the terms hereof and of such license.
The provisions of this chapter are not to apply to persons operating
or owning autobuses or automobiles or other stages and carriages and
engaged in the business of transporting passengers to the Borough
of Somerville from any place or point distant two (2) miles or more
therefrom, or from the Borough of Somerville to any such point, according
to a fixed and advertised schedule; provided, however, that no person
shall use the streets of the Borough of Somerville for the purpose
of soliciting the carrying of passengers where such passengers are
to be transported to any point within the Borough of Somerville, or
from the Borough of Somerville to any point within two (2) miles thereof,
without a license first had and obtained as provided in this chapter.
Every autobus for the operation of which consent shall have
been given as hereinabove provided shall bear prominently displayed
upon it the number of such consent, such number to be obtained from
the Borough Clerk, and shall likewise prominently display upon it
the route for which consent has been granted.
Application for a renewal of a license hereunder shall be made
to the Borough Clerk in the same manner as application for a new license.
No license to operate any jitney shall be granted to any person
under the age of eighteen (18) years, and no applicant shall be granted
a license to operate a jitney who is not an experienced driver or
chauffeur. Every applicant for a license shall be subject to an examination
by the Clerk as to his capability to operate such jitney.
Any license granted hereunder may be revoked by the Borough
Council for a violation of any of the provisions of this chapter or
of any ordinance of the borough or any statute relating to traffic
or use of streets, evidenced by a conviction for violating same, or
for failure to pay any judgment for personal damages arising from
the unlawful or negligent operation of the jitney for which the license
was issued, and thereupon all rights and privileges under said license
shall terminate and such license shall thereafter be void and of no
effect; provided, however, that before any license shall be revoked
the holder thereof shall have been notified in writing of the reasons
for revocation and shall be given a public hearing, at which hearing
the licensee may be represented by counsel, and provided further that
the licensee shall be given five (5) days' notice of the time
and place of such hearing.
A.
The holder of any license may substitute one (1) car for another
under the provisions of this chapter, but before substitution a description
of such car shall be filed with the Borough Clerk.
B.
It shall be unlawful to operate any jitney while any person is riding
upon the running board or sitting upon the fender or dash or doors
of such jitney.
It shall be unlawful for any person to operate or drive any
jitney when the streets are covered with rainwater, snow or ice unless
the rear wheels thereof are equipped with nonskid tires or with nonskid
chains or other safety devices for use in operating said jitney.
It shall be unlawful for any person driving or operating a jitney
along a designated route to refuse to carry any person offering himself
or herself to be carried and tendering the fare for the same, unless
at the time such offer is made the permanent seats of such jitney
are fully occupied. If a request is made by a person along such route
to be carried by such person operating such jitney and there is unoccupied
a permanent seat or seats provided therein which may be occupied,
it shall be the duty of such person operating such jitney to carry
such passenger upon the tender of the fare therefor, provided that
the person operating such jitney shall refuse transportation to any
person who at the time the demand is made to be carried is in an intoxicated
condition or to any person who at such times may be conducting himself
in a boisterous manner or who at such time may be using profane or
obscene language.
It shall be unlawful for any person operating a jitney under
the provisions of this chapter and between specified termini to charge,
within the limits of the borough, a fare greater than the amount determined
by the Borough Council.
Every driver or operator of a jitney, after knowingly causing
an accident, shall forthwith bring his vehicle to a stop and shall
render any assistance possible and shall give his name and address
and the names and addresses of all persons in his vehicle at the time,
if obtainable, to the injured persons or to any other person applying
therefor.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not to exceed five hundred dollars ($500) or by imprisonment
in the county jail for a period of not to exceed ninety (90) days,
or by both such fine and imprisonment, and each violation of any of
the provisions of this chapter and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
