[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City 2-7-1924. Amendments noted where applicable.]
As used herein, shall mean and include any automobile or
motor bus, commonly called jitney, 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"
or public places in any city of this state, and indiscriminately accepts
and discharges such "persons" as may offer themselves for transportation
either at the termini or points along the way or route on which it
is used or operated or may be running.
As used herein, shall mean and include any individual, copartnership,
association, corporation or joint-stock company, their lessees, trustees
or receivers appointed by any court whatsoever.
As used herein, shall mean and include any "street," avenue,
park, parkway, highway or other public place.
A.
It shall not be lawful for any autobus or jitney to be operated upon
any street wholly or partly in the City of Gloucester City until the
owner thereof shall have obtained a license for that purpose from
the Common Council as hereinafter provided. Such license shall be
issued to the owner of such autobus or jitney for operation thereof
by the said owner or by his agent or servant duly accredited by such
owner for that purpose, and such license shall not be deemed to authorize
the operation of any autobus by any lessee or person other than the
owner or his duly accredited agent or servant.
B.
Such license shall not be issued except upon compliance by the owner
of any autobus with the following conditions:
(1)
There shall be filed with the City Clerk an application which shall
contain the name of the owner, his age, residence and business address,
if any, and a request for permission to operate the autobus for which
the application is made. It shall also contain a statement of the
character and estimated capacity of the said autobus and the basis
of such estimate; it shall also definitely state whether said autobus
is to be operated by said owner personally or by agents or servants
duly accredited by such owner.
(2)
No person shall be licensed to operate an autobus under the terms
of this ordinance unless he shall be a citizen of the United States,
over the age of 21 years, or a corporation duly incorporated under
the laws of New Jersey to operate autobuses.
(3)
No person shall be licensed to operate an autobus as hereinafter
provided until he shall have been duly licensed to operate a motor
vehicle by the State Department of Motor Vehicles.
The City Clerk, upon receiving such application and proof that
the applicant has been duly licensed to operate a motor vehicle by
the State Department of Motor Vehicles, shall immediately investigate
the merits of said application, shall determine whether such transportation
is necessary in the interest of public welfare, and shall report thereon
to the Common Council. If the Council, after receiving said report,
shall consent to issue a license to the applicant, said applicant
shall thereupon file with the City Clerk a schedule showing the regular
stopping places for taking on and letting off passengers within the
city; a schedule showing the time when such bus or buses will arrive
at such stopping points; a statement of the entire route, both within
and without the city, to be traveled by such bus or buses; and a schedule
showing the time when such bus or buses will leave their respective
termini of each route. No such autobus or jitney shall be permitted
to stop on the tracks of any street railway to take on or discharge
passengers.
B.
Said license shall bear the date of issue and shall be in force for
the calendar year thereof. Such license shall further set forth the
name and address of the owner, the street or streets over which permission
to operate is granted and the termini between which said autobus may
operate, and manufacture's number of the autobus and the number
of persons who may be carried at one time.
C.
No such license shall be issued until the owner shall also have filed
with the City Clerk an agreement wherein he shall bind himself, his
agents and servants to operate said autobus only such street or streets
as is or are set forth in said license; that he will not carry at
any one time passengers in excess of the number mentioned in his application;
that he will not permit said autobus to be operated except by a person
satisfactory to the Common Council, according to the restrictions
of operations provided by this ordinance; and that he, his agents
or servants operating such autobus will comply with the regulations
now in force or hereafter to be adopted concerning the operation of
autobuses in the streets of the City of Gloucester.
The Mayor shall designate a police officer as an inspector to
supervise the operation of jitneys licensed hereunder and to require
licensees to comply with the provisions of this ordinance and the
statutes of the state applicable to the licensing and operation of
motor vehicles. Such inspector shall file with the City Clerk a monthly
report in writing of his work for the preceding month.
No such license shall become effective and no operation of such
autobus shall be permitted until the owner of such autobus shall have
complied with the following requirements:
A.
Insurance policy.
(1)
He shall file with the City Clerk an original insurance policy of
a company duly licensed to transact business under the insurance laws
of the State of New Jersey, in the sum of $5,000, against loss from
the liability imposed by law upon the autobus owner for damages on
account of bodily injury or death suffered by any person or persons
as the result of an accident occurring by reason of the ownership,
maintenance or use of such autobus upon the public streets of the
City of Gloucester, and such license shall continue effective and
such operation be permitted only so long as such insurance shall remain
in force.
(2)
All policies filed with the City Clerk shall state that the liability
of such policy shall be exclusively for damages sustained while such
autobus is operating within the limits of the city.
(3)
Such insurance policy shall provide for the payment of any final
judgment recovered by any person on account of the ownership, maintenance
or use of such autobus or of any fault in respect thereto, and shall
be for the benefit of every person suffering loss, damage or injury
as aforesaid.
B.
Power of attorney. He shall execute and deliver to the City Clerk
concurrently with the filing of the policy hereinbefore referred to,
a power of attorney wherein and whereby he shall nominate, constitute
and appoint the said City 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.
Any such license may be revoked by the Common Council after
notice and hearing whenever it shall appear that the person to whom
such license was granted has failed to furnish and keep in force the
insurance and power of attorney hereinbefore required, or to comply
with any of the terms of this ordinance or with any rules or regulations
adopted by the Common Council.
A.
Any person to whom a license has been granted to operate an autobus
over any of the streets of the City of Gloucester shall register with
the City Clerk the name of each and every driver before permitting
him to operate the said autobus.
B.
The holder of any license may substitute one car for another under
the provisions of this ordinance, but before doing so, a description
of such car shall be filed with the City Clerk and the necessary changes
made in the insurance policy so as to cover the new car.
C.
No transfer of any license or permit granted under this ordinance
shall be made without first obtaining consent of the Common Council,
and upon such transfer being made, it shall be the duty of the City
Clerk to see that the necessary changes are made in the insurance
policy so as to cover the new owner.
D.
Every driver duly registered in the City of Gloucester to operate
an autobus for which a license has been issued by the Common Council
of said city shall display conspicuously in said autobus his registered
right to so operate. Said autobus shall also bear conspicuously displayed
upon it the number of such license, which number shall be obtained
from the City Clerk, who shall keep a record of each license issued
and of the number thereof.
Every autobus for the operation of which a license shall be
granted as herein provided shall bear prominently displayed within
it a placard issued by the City Clerk bearing the number of such license
and the route for which the license has been granted, with the fare
to be charged in all cases where such fare exceeds $0.05, and the
capacity of said autobus as stated in said license.
It shall be unlawful to drive any autobus when any passenger
is standing on the running board, fender, mudguard or back thereof,
or while any passenger is riding on said autobus outside the body
thereof or in such manner as to obstruct the driver's view or
his control of the vehicle, or while said autobus contains a greater
number of passengers than the number stated in said license, or to
drive rapidly to pass any autobus, trolley car or vehicle in order
to obtain any prospective passengers, or to refuse to carry any persons
who properly apply for transportation. All autobus drivers shall take
on and discharge passengers only at curbline, on the near side of
intersecting streets.
No fare shall be collected on said autobus, or no passenger
shall be received or discharged by the driver thereof, while such
autobus is in motion.
It shall be unlawful for any person to operate or drive any
autobus when the streets are covered with rainwater, snow or ice unless
the rear wheels thereof be equipped with nonskid tires or with skid
chains or other safety devices for use in operating said autobus.
Every autobus or jitney operating on the streets of the city
shall be thoroughly clean and ventilated at all times, and the interior
of the same be properly lighted and heated.
The license fee for operating each autobus as herein provided
shall be $100 per year, payable at the time said license is issued.
All license fees shall be paid to the City Clerk.
No person shall smoke, strike matches, carry lighted cigars,
cigarettes or pipes while riding in or driving any vehicle used for
the transportation of passengers for hire.
Any person violating any of the provisions of this ordinance
shall, upon conviction thereof, for each and every offense, be punishable
by a fine of not exceeding $500, or by imprisonment in the county
jail for a period not exceeding 90 days, or both, at the option of
the Judge before whom any conviction may be had under this ordinance,
and in default of the payment of any fine so imposed upon any person,
such person shall be imprisoned in the county jail for a period not
exceeding 90 days.
If any section, clause or provision of this ordinance shall
be adjudged invalid, such adjudication shall apply only to the section,
clause or provision so adjudged to be invalid, and the rest of this
ordinance shall remain valid and effective.
This ordinance shall become effective immediately.
