Township of Upper, NJ
Cape May County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note: Provisions for the licensing of sailboats are in Section 9-3 of Chapter 9, Recreational Facilities.
[Ord. #7-2001, § 1]
Charitable organizations, as defined in Section 3 of P.L. 1994, C.16 (N.J.S.A. 45:17A-20), shall be authorized to solicit contributions in the roadway of a highway, other than interstate highways or toll roads maintained pursuant to P.L. 1962, C.10 (N.J.S.A. 27:12C-1, et seq.); or P.L. 1991, C.252 (N.J.S.A. 27:25A-1, et seq.); P.L. 1952, C.16 (N.J.S.A. 27:12B-1, et seq.); or P.L. 1948, C.454 (N.J.S.A. 27:23-1, et seq.), subject to regulations promulgated pursuant to the "Administrative Procedure Act", P.L. 1968, C.410 (N.J.S.A. 52:14B-1, et seq.), by the Department of Transportation in consultation with the Division of Highway Traffic Safety.
[Ord. #7-2001, § 2]
A charitable organization shall not solicit funds on any County highway or intersection of a County highway without the approval of the board of Chosen Freeholders of Cape May County. A charitable organization shall not solicit on any State highway or intersection of a State highway without the approval of the Commissioner of Transportation. In accordance with N.J.S.A. 39:4-60, the Board of Chosen Freeholders and the Commissioner of Transportation shall not unreasonably withhold approval.
[Ord. #7-2001, § 3]
Where a County road intersects with a State highway, the approval of both the County Board of Freeholders and the Commissioner of Transportation shall be required.
[Ord. #7-2001, § 4]
To obtain approval for highway solicitations, the charitable organization shall submit an application on a form prescribed by the approving agency (Township, County, Commissioner of Transportation). To obtain approval from the Department of Transportation, the charitable organization shall obtain a Charitable Solicitation Permit from the Regional Maintenance Engineer for the Southern Region of New Jersey, as follows:
New Jersey Department of Transportation
Route 70 at New Jersey Turnpike
Cherry Hill, New Jersey 08034
An application shall be submitted to the Township at least 60 days prior to the proposed solicitation date. Applications to the County Board of Chosen Freeholders or the Department of Transportation shall be governed by the rules of those respective bodies.
[Ord. #7-2001, § 5]
In granting approval from the Township, the Township will follow, to the extent applicable and feasible, the regulations set forth in the New Jersey Administrative Code (N.J.A.C. 16:40-1.1, et seq.).
[Ord. #7-2001, § 6]
a. 
No person shall solicit charitable contributions on a Township highway or street without prior approval from the Township Committee. Evidence of such approval shall be in the possession of the solicitor during all times of solicitation and be available for inspection by State Police enforcement personnel.
b. 
No person shall solicit charitable contributions on a County highway or intersection thereof without approval from the Board of Chosen Freeholders. Evidence of such approval shall be in the possession of the solicitor during all times of solicitation and be available for inspection by State Police enforcement personnel.
c. 
No person shall solicit charitable contributions on a State highway or intersection thereof without approval from the Department of Transportation, via the issuance of a Charitable Solicitation Permit. Evidence of such approval shall be in the possession of the solicitor during all times of solicitation and be available for inspection by State Police enforcement personnel.
d. 
Charitable Solicitation Permits shall be granted only for charitable organizations soliciting for charitable purposes.
e. 
Each person soliciting charitable contributions on behalf of the charitable organization shall be at least 18 years of age.
f. 
Solicitation shall be subject to the specific terms and conditions, if any, of the approval granted.
g. 
Solicitation shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of flagmen shall be prohibited.
h. 
The charitable organization shall be responsible for cleaning up any debris from the highway or right-of-way.
i. 
Solicitation shall only be permitted during daylight hours.
j. 
The New Jersey State Police, the Cape May County Sheriff's Department or the Department of Transportation may suspend solicitation operations at any time if any condition of the permit is violated, or, if in the police officer's or the Department's sole discretion, traffic is being impeded or delayed or the public safety is at risk.
k. 
Solicitors shall not drink alcoholic beverages, use drugs, or be under the influence of drugs or alcohol when soliciting. Solicitors shall not harass the public.
[Ord. #7-2001, § 7]
The Township shall not be liable in any civil action for damages, for property damage or personal injury resulting from a motor vehicle accident arising out of or in the course of solicitations for the purpose of soliciting contributions conducted by charitable organizations as defined at N.J.S.A. 45:17A-20, pursuant to N.J.S.A. 39:4-60.
[1]
Editor's Note: All references in this section referencing the New Jersey Division of Motor Vehicles shall mean the New Jersey Motor Vehicle Commission.
[Ord. #008-2006, § 1]
As used in this subchapter, the following terms shall have the meanings indicated:
LIMOUSINE
Shall mean any vehicle which is owned or operated by a person having its principal place of business within the Township of Upper and which is used in the business of carrying passengers for hire to provide 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 not to exceed 14 passengers, not including the driver, provided that such 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.
OPERATOR
Shall mean any natural person who operates a taxicab or limousine and includes both employees and subcontractors of an owner.
OPERATOR'S LICENSE
Shall mean a license issued to each operator of a taxicab or limousine licensed under this section.
OWNER
Shall mean any person in whose name title to any taxicab or limousine is registered with the Division of Motor Vehicles in the Department of Law and Public Safety of the State of New Jersey, or who appears in such records to be the licensee thereof.
OWNER'S LICENSE
Shall mean a license issued to any owner for each taxicab or limousine licensed under this section.
PERSON
Shall mean and include any individual, association, corporation, limited liability company and any other entity.
STREET
Shall mean and include any street, avenue, park, parkway, highway or other public place.
TAXICAB
Shall mean and include any automobile, van or motor car which is designed to carry not more than six passengers, excluding the operator of the vehicle, commonly called a "taxi" or "cab," engaged in the business of carrying passengers for hire which is held out, announced or advertised to accept or which accepts such persons as may offer themselves for transportation from points or places within the Township to points or places within or without the Township.
[Ord. #008-2006, § 1]
This section shall apply to:
a. 
All owners and/or operators of taxicabs having a principal place of business within the Township or otherwise engaging in the business of carrying passengers for hire by operating a vehicle which is held out, announced or advertised to accept or which accepts such persons as may offer themselves for transportation from points or places within the Township to points or places within or without the Township; and
b. 
All owners and/or operators of limousines having a principal place of business within the Township of Upper.
[Ord. #008-2006 § 1]
No person shall operate a taxicab or limousine business in the Township of Upper without a license issued pursuant to this section. A separate owner's license shall be issued for each taxicab and limousine, and a separate operator's license shall be issued for each operator.
[Ord. #008-2006, § 1]
a. 
Application for a license under this section shall be made to the Township Committee on forms made available to applicants by the Township Clerk. The application shall elicit the following information:
1. 
The name of the applicant (if the applicant is a corporation or other business entity licensed by the State of New Jersey, the application shall also designate a representative of such entity);
2. 
The principal place of business of the applicant and all other address(es) as listed in all local telephone directories;
3. 
Proof of insurance as required by this section;
4. 
The make, model, and license plate number of the taxicab or limousine for which the license is sought;
5. 
The name, address and driver's license number of each operator to be employed or otherwise hired by the applicant; and
6. 
Any other information as required by the Township Committee and/or set forth in this section.
b. 
The applicant shall also provide a driver's abstract issued by the New Jersey Division of Motor Vehicles and criminal background check fingerprint cards for the applicant and, if the applicant is not an individual, each individual owning more than 5% of the equity of the applicant, as well as for each operator to be employed or otherwise hired by the applicant at the time the application is submitted.
c. 
The applicant shall promptly notify the Township Clerk and provide additional drivers' abstracts and criminal background check fingerprint cards as and when other individuals acquire up to a 5% equity interest in the applicant and/or additional operators are employed or hired during any license term. The additional operators shall be permitted to operate a taxicab or limousine for the applicant on a temporary basis (not to exceed 60 days) upon the submission of a completed application for an operator's license and satisfaction with all other requirements of this section.
d. 
All licenses issued pursuant to this section shall expire at 11:59 p.m. on December 31 of each year. Licenses shall be issued for a period of one year, excepting all licenses which become effective on a date other than January 1, which shall expire on December 31 in accordance with this subsection. Licenses issued for a period shorter than one year shall require payment of a full year's licensing fee. Renewal applications shall be submitted on or before November 1 of the preceding year.
e. 
The provisions of this subsection shall apply to all initial and renewal licenses, except that applicants for the renewal of any license issued pursuant hereto shall be required to provide criminal background check fingerprint cards every three years. All applicants for renewal licenses shall still be required to provide a driver's abstract issued by the New Jersey Division of Motor Vehicles on a yearly basis with the renewal application.
[Ord. #008-2006, § 1]
a. 
All applicants and their employed or hired operators shall be properly licensed, possess a driving record which shall not contain more than six points or three moving violations, and shall not have been convicted of a "serious traffic violation," as defined in N.J.S.A. 39:3-10.11, during the past two years.
b. 
All applicants and principals owning 5% or more of the applicant as well as all operators shall not have been convicted of any crime, misdemeanor or disorderly persons offense. The Township Clerk shall obtain from the New Jersey State Bureau of Identification all records of convictions and pending arrests and charges in the State of New Jersey in accordance with N.J.A.C. 13:59-1 and provide the results of same to the Township Committee. The Township Committee has the discretion to deny a license to any person who does not meet these standards.
c. 
All vehicles proposed to be licensed must possess a valid New Jersey State inspection sticker and shall satisfy all of the requirements set forth in Title 39, Chapter 3, Article 3 of the New Jersey Statutes.
d. 
The owner or operator shall not have submitted with his application any materially false or misleading statement.
e. 
No taxicab or limousine shall be operated on the streets of the Township without:
1. 
A two-way communications system which, at a minimum, shall provide for communication to persons outside the vehicle at a distance of not less than 100 miles and which requirement may be satisfied by a mobile telephone;
2. 
A removable first aid kit and operable fire extinguisher; and
3. 
If the vehicle floor is over 10 inches above the ground, sideboards attached to the permanent body construction of the vehicle.
f. 
The provisions of this subsection shall apply to initial licenses and renewal licenses.
[Ord. #008-2006, § 1]
a. 
An owner's license and, if applicable, an operator's license shall be revoked for any one or more of the following:
1. 
A conviction of the license holder for violating any of the terms of this section or the rules and regulations promulgated hereunder.
2. 
A conviction of the owner or any person owning 5% or more of the equity of the owner of any crime, misdemeanor or disorderly persons offense.
3. 
A conviction of an operator of any crime, misdemeanor or disorderly persons offense.
4. 
Where an owner allows an operator to operate a taxicab or limousine where such operator is known to have been convicted of any crime, misdemeanor or disorderly persons offense.
5. 
The accumulation by an operator of six or more points or the conviction of an operator for three or more moving violations pursuant to N.J.A.C. 13:19-10.1 or the conviction of a "serious traffic violation," as defined in N.J.S.A. 39:3-10.11, within any two-year period.
6. 
Where an owner allows an operator to operate a taxicab or limousine where such operator is known to have accumulated six or more points or committed three or more moving violations pursuant to N.J.A.C. 13:19-10.1 or the conviction of a "serious traffic violation," as defined in N.J.S.A. 39:3-10.11, within any two-year period.
7. 
The failure of any vehicle licensed hereunder to possess a valid New Jersey State inspection sticker or otherwise comply with the requirements of Title 39, Chapter 3, Article 3 of the New Jersey Statutes unless such vehicle is removed from operation until the receipt of such inspection sticker or other compliance.
8. 
Where an owner or operator submits with an application any materially false or misleading statement.
b. 
The provisions set forth in this subsection shall be deemed to be conditions upon the license of the owner and operator hereunder. As a result, a violation of these conditions shall be deemed a violation of the conditions placed upon the license and thus grounds for automatic revocation without any further right of appeal or hearing. Notwithstanding the above, in the event grounds for revocation of an owner's license shall exist by reason of paragraph a, 4, 6, 7 or 8 of this subsection, or in the event grounds for the revocation of an owner's or operator's license shall exist by reason of paragraph a8 above, the Township shall first issue a summons to the owner or operator stating that the owner or operator has violated the conditions placed upon the license, and upon conviction thereof in Municipal Court, the owner's or operator's license shall be revoked in addition to any other fines and penalties which may be imposed under this subchapter or under any other Township ordinance.
[Ord. #008-2006, § 1]
The license fees are fixed for the purpose of regulation and control and shall be paid annually, in the manner and amounts set forth below, to the Township as an application fee and for conducting or engaging in the business aforementioned.
a. 
The annual fee for a limousine owner's license and any renewals thereof shall be $50 per vehicle. In the event that an application for license is denied, the Township shall retain $50 as a nonrefundable application fee.
b. 
The annual fee for a taxicab owner's license and any renewals thereof shall be $250 per vehicle. In the event that an application for license is denied, the Township shall retain $50 as a nonrefundable application fee.
c. 
The annual fee for a each operator's license and any renewals thereof shall be $30. In the event that an application for license is denied, the Township shall retain $10 as a nonrefundable application fee, and the balance shall be returned to the applicant.
d. 
The applicant shall submit a separate certified or bank cashier's check in the amount set forth by the Division of State Police - S.B.I. for each person requiring a criminal background check with the fingerprint cards required pursuant to subsection 4-2.4b or c above.
e. 
If any license becomes lost or destroyed, a new license shall be furnished by the Township Clerk upon payment of the sum of $10.
f. 
Any owner may transfer an owner's license from a licensed vehicle to any other vehicle which meets the requirements of this section upon the payment of the sum of $25.
[Ord. #008-2006, § 1]
a. 
The owner of each licensed limousine and each operator shall execute and deliver to the Township Clerk, concurrently with the filing of a policy or bond referred to subsections 4-2.10 and 4-2.11 of this section, a power of attorney, wherein and whereby the owner and operator shall appoint the Director of the Division of Motor Vehicles as his or her true and lawful attorney for the purpose of acknowledging service of any process from a court of competent jurisdiction to be served against the owner or operator by virtue of the indemnity granted under their insurance policy. The Township Clerk shall immediately forward said power of attorney to the Division of Motor Vehicles.
b. 
The owner of each licensed taxicab and each operator shall execute and deliver to the Township Clerk, concurrently with the filing of a policy or bond referred to in subsections 4-2.10 and 4-2.11 of this section, a power of attorney, wherein and whereby the owner and operator shall appoint the Chief Fiscal Officer of Upper Township as his or her true and lawful attorney for the purpose of acknowledging service of any process from a court of competent jurisdiction to be served against the owner or operator by virtue of the indemnity granted under their insurance policy.
[Ord. 008-2006, § 1]
a. 
No more than six taxicab owner's licenses shall be issued annually in accordance with this section.
b. 
No person shall be issued more than three taxicab owner's licenses.
c. 
No more than three taxicab owner's licenses shall be issued to persons having their principal place of business outside Upper Township.
[Ord. #008-2006, § 1]
a. 
No limousine owner's license shall be issued until the owner of the limousine files with the Township Clerk an insurance policy issued by a company duly licensed to transact business under the insurance laws of this State, conditioned for the payment of a sum of not less than $1,500,000 to satisfy all claims for damages, by reason of bodily injury to, or the death of, all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such limousine (or taxicab) upon any public street; and conditioned for the payment of a sum not less than $1,500,000 to satisfy any claim for damages to property of all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such limousine (or taxicab) upon any public street. Such insurance policy shall include coverage for all operators to be employed or otherwise hired by the applicant. The insurance policy shall be updated upon the hiring of any additional operators during any license term.
b. 
No taxicab owner's license shall be issued until the owner of the taxicab files with the Township Clerk an insurance policy issued by a company duly licensed to transact business under the insurance laws of this State, conditioned for the payment of a sum of not less than $300,000 to satisfy all claims for damages, by reason of bodily injury 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 $300,000 to satisfy any claim 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. Such insurance policy shall include coverage for all operators to be employed or otherwise hired by the applicant. The insurance policy shall be updated upon the hiring of any additional operators during any license term.
c. 
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, or use of the taxicab or limousine or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
d. 
Any license issued pursuant to this section shall remain effective only so long as the insurance policy shall remain in force to the full and collectible amounts as required by this section. Failure to maintain insurance as provided herein shall constitute grounds for immediate revocation of any license granted hereunder, without notice or hearing.
[Ord. #008-2006, § 1]
a. 
The Township Clerk, upon the filing of the required insurance policy or bond, shall issue a certificate in duplicate showing that the owner of the taxicab or limousine has complied with the terms and provisions of subsection 4-2.10. The certificate shall recite the name of the insurance company, the number and date of expiration of the policy, a description of the taxicab or limousine insured thereunder, and the registration number of the same. In lieu of the recital of insurance information, the owner of a taxi or limousine may affix to the original license a notarized letter from an insurance company containing the same insurance information required in the recital, which shall constitute proof of insurance coverage. The duplicate certificate shall be filed with the New Jersey Division of Motor Vehicles before any such vehicle is licensed as a taxicab or limousine. The original certificate or letter in lieu thereof shall be posted in a conspicuous place within the taxicab or limousine and be made available for inspection by customers and/or law enforcement personnel upon request.
b. 
In the event that a licensee operates in more than one municipality, the insurance policy shall be filed with the Township Clerk, who shall provide the owner with as many copies of the certificate of compliance as may be necessary for the owner to file said certificates with the Clerk of each municipality in which such operation takes place.
[Ord. #008-2006, § 1]
All taxicabs shall be equipped with an accurate taximeter, which shall be fastened to the taxicab in such a manner as to be visible to all passengers at all times. Such taximeter shall display the rate at which passengers are charged, as well as the total amount of the cab fare as it accumulates. The State Police are authorized to inspect any taximeter with or without cause to determine its accuracy. Nothing contained herein shall prevent an owner or operator from charging a prearranged flat fee, provided that the operator shall notify any passenger of the total amount of such flat fee prior to providing services hereunder.
[Ord. #008-2006, § 1]
Each motor vehicle licensed as a taxicab shall have displayed on both sides thereof the words "taxi" or "cab" in letters at least six inches high or the name of the operating owner containing the words "taxi" or "cab" or "taxicab."
[Ord. #008-2006, § 1]
The owner of each vehicle licensed as a taxicab or limousine shall keep a written record of each trip made by the vehicle, showing the number of delivery trips made by that vehicle. Such records shall not be destroyed for one year and shall be kept within the Township and shall be presented upon the demand of the Township Clerk for his or her inspection.
[Ord. #008-2006, § 1]
Any person who shall own and/or operate a taxicab or limousine without complying with the provisions of this section shall be subject to the following fines, in addition to the revocation of any license issued under this subchapter:
a. 
First offense: a fine of not more than $500, but not less than $50.
b. 
Subsequent offenses: a fine of not more than $1,000, but not less than $100 imprisonment in the County jail for a period not to exceed 90 days, or both.
[Ord. No. 007-2017]
As used in this section, the following terms shall have the meanings indicated:
COMPRESSED NATURAL GAS VEHICLES (CNG)
Shall mean any motor vehicle fueled with clean-burning compressed natural gas, gasoline permitted only as a back up fuel source.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.
JITNEY
Shall mean an autobus for hire and shall include any motor vehicle for hire engaged in carrying individual passengers in exchange for a fee, which is operated in a closed loop over and upon the streets of the Township. A jitney shall be constructed and intended to accommodate 13 passengers.
PERSON
Shall mean and include person, firm or corporation.
REVIEW COMMITTEE
Shall mean a three member committee consisting of the Township Administrator, the Township Committee member in charge of Public Safety and the Township Clerk. The Review Committee shall be charged with the review of all appeals of disqualifying criminal history background checks.
STREET
Shall mean and include any street, avenue, land or public place in the Township utilized for vehicular jitney traffic.
ZERO-EMISSION VEHICLES (ZEV)
Shall mean any motor vehicle that produces zero exhaust emissions of all criteria pollutants under any and all possible operational modes and conditions.
[Ord. No. 007-2017; Ord. No. 004-2018]
a. 
Before operating any jitney along, through, over or upon any street of the Township, the owner and all drivers shall obtain consent, in the form of a license, from the Township Clerk.
b. 
There shall be an annual licensing fee of $50 per jitney. A license shall be valid for a period of one year from the date of issue and shall be renewed prior to expiration. No jitney shall be operated if the renewal license is not granted by the expiration of the existing license. All applications for license renewal shall be made in writing and filed with the Township Clerk.
c. 
All applications for a license or a renewal license shall be made in writing and filed with the Township Clerk. No application will be approved by the Township Clerk unless it is accompanied by appropriate forms and contains the information required in the application and the following:
1. 
Type of motor vehicle, name of the manufacturer, a schedule indicating dates of operation and the hours of each day that said vehicle will operate.
2. 
Proof that the seating capacity of the motor vehicle, according to its trade factory rating, is intended to accommodate 13 passengers.
3. 
The name, age, residence address, business address, date of birth and phone number of the applicant. Name, age, address, date of birth and phone number of all drivers of said vehicle.
4. 
The vehicle identification number, New Jersey vehicle registration number, vehicle insurance policy particulars and a valid New Jersey driver's license of the owner-operator of the jitney. A valid New Jersey driver's license and insurance information for all drivers of the jitney.
5. 
The vehicle must meet all requirements to make it a CNG or ZEV vehicle, as defined herein. Proof that the vehicle is a CNG or ZEV vehicle must be provided.
6. 
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.
7. 
If an individual, the applicant shall submit two identical two inch by two inch photographs with an image size of between one inch and 1 3/8 inches from chin to the top of the head, including hair. Photographs must be clear, front view, full face printed with a plain light (white or off-white) background and should be taken by a professional photographer. The photographs shall be given to the Township Clerk or his/her designee for the purpose of preparation of an identification card to be executed by and showing the identity of the actual owner of the license. A valid jitney identification card that has been issued by another municipality in the State of New Jersey to the individual meeting all of the requirements herein shall be accepted by the Township Clerk or his/her designee in lieu of the above.
8. 
If a corporation, partnership or limited liability company, the applicant shall have its corporate officer, partner or member, as applicable, submit two identical two inch by two inch photographs with an image size of between one inch and 1 3/8 inches from chin to the top of the head, including hair. Photographs must be clear, front view, full face printed with a plain light (white or off-white) background and should be taken by a professional photographer. The photographs shall be given to the Township Clerk or his/her designee for the purpose of preparation of an identification card to be executed by and showing the identity of the actual owner of the license. A valid jitney identification card that has been issued by another municipality in the State of New Jersey to the individual meeting all of the requirements herein shall be accepted by the Township Clerk or his/her designee in lieu of the above.
9. 
The licensed applicant shall affirm that the jitney business and/or license shall not be used and operated for unlawful purposes and shall comply with applicable laws.
d. 
No license to own or operate any jitney shall be granted to any person under the age of 21 years, without having had a New Jersey or Pennsylvania driver's license for a period of three years.
e. 
It shall be unlawful for any person to drive a jitney within the Township of Upper without first having obtained a jitney license and an identification card, the latter to contain the photograph and signature of the licensee. This identification card shall be produced by the Township Clerk. This identification card shall be carried at all times and prominently displayed while driving or operating a jitney. It shall be unlawful for any jitney operator or licensee to permit anyone else to wear his or her identification card or to refuse to show the same to lawful authorities upon request. A fee of $15 shall be charged for a replacement identification card. All applicants shall provide such information as the Township Clerk requires, including but not limited to fingerprinting and a Criminal History Record Background Check pursuant to the provisions and requirements of N.J.S.A. 40:48-1.4 and N.J.A.C. 13:59-1.1 et seq. Fees and costs in any manner associated with the Criminal History Record Background Check shall be charged to the applicant and collected by the Township Clerk. Written confirmation to the Township Clerk that the applicant successfully completed a Criminal History Record Background Check within the last nine months from another New Jersey municipality will be acceptable if the other municipality conducts the check pursuant to N.J.S.A. 40:48-1.4 and N.J.A.C. 13:59-1.1 et seq. The Review Committee shall determine whether or not the applicant is disqualified based upon the results of the Criminal History Record Background Check.
If the applicant is a corporation, limited liability company or partnership, then the following individuals shall be subject to a Criminal History Record Background Check:
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 limited liability company and, if practical, the members.
3. 
In the event that the applicant is a partnership, such investigation shall be required of each partner, whether full or limited partners.
f. 
If the applicant is a corporation, limited liability company or partnership, then the following individuals shall be subject to a criminal history record background check:
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 limited liability company and, if practical, the members.
3. 
In the event that the applicant is a partnership, such investigation shall be required of each partner, whether full or limited partners.
[Ord. No. 007-2017]
a. 
No jitney license shall be recommended or awarded to an applicant by the Township Clerk if it appears:
1. 
That the insurance policy required by law has not been furnished and approved, or the same is insufficient in form or substance to properly safeguard the public interest and safety, or that the policy of insurance is not operative for at least one year; or
2. 
That the applicant has not complied with all the terms and conditions of this section and of the State of New Jersey relevant to such cases, or the applicant is not a person entitled to be licensed hereunder.
b. 
The license to own and operate a jitney may be revoked by the Township Clerk for a violation of any of the provisions of this section or any ordinance of the Township relating to traffic, use of streets or for the violation of any State law relating to traffic or use of streets, or for failure to pay any judgment for personal damages arising from the unlawful or negligent operation of a jitney for which the license was issued, or for failure to pay any franchise taxes provided by law and, thereupon, all rights and privileges under the license shall terminate.
c. 
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 the licensee may be represented by counsel. In addition, the licensee shall be given 10 days' written notice of the time and place of such hearing. The notice provided hereby shall be served personally or by certified mail, to the address last filed by the person licensed as shown in the office of the Township Clerk. It will also be within the discretion of the Township Clerk to levy a fine and/or suspension should he/she deem revocation too severe a penalty.
d. 
It shall further be the duty of the Township Clerk to take all reasonable and prudent steps to assure that the terms and conditions of this section are fulfilled.
e. 
Where a licensee has been convicted of a crime in any Municipal, County, State or Federal court, upon conviction, the Township Clerk may revoke the license of the jitney owner upon written notice and hearing.
f. 
The Township Clerk and the New Jersey State Police or their designee shall take official cognizance of any and all misconduct, deceit, fraud, subterfuge or actions of any jitney licensee which are against the best interest of the public or the jitney industry itself, regardless of whether or not such actions are specifically covered in this section. It shall also be the direct responsibility of all departments to bring such actions to the notice of the Township Clerk.
[Ord. No. 007-2017]
a. 
The holder of any license shall not substitute or replace any licensed and approved vehicle without the written approval of the Township Clerk unless the substituted vehicle had already received such approval.
b. 
The use of any jitney which may be found by the New Jersey State Police to be unsafe and not in condition to properly carry passengers shall be discontinued from service until such time as it is repaired, made safe or put in good condition before being used again.
c. 
Any jitney that is out of service for any reason is not entitled to any prorated fee reimbursement.
[Ord. No. 007-2017]
It shall be unlawful for the holder of any license issued under this section to transfer the license to any person.
[Ord. No. 007-2017]
It shall be unlawful for any person making application for any license or identification card to willfully make any false statement as to any of the matters required to be stated in such application. False statements are grounds to deny or revoke a license.
[Ord. No. 007-2017]
It shall be unlawful to drive or operate any jitney while that jitney is carrying more than 13 passengers. Each passenger must be seated while the jitney is in motion. Passengers must be treated with courtesy and respect; repeated complaints against drivers will be grounds for disciplinary action initiated by the Township Clerk. For the purpose of this section, children in arms shall not be considered as persons.
[Ord. No. 007-2017]
As a condition for the issuance of a license hereunder, the owner/operator of a jitney shall file with the Township Clerk an insurance policy attesting that the jitney is insured under a policy of comprehensive, general liability insurance with limits of not less than $500,000 per occurrence. Consent shall only continue to be effective and such operation be permitted only so long as such insurance to the full and collectible amount shall remain in force, during the entire term of the policy. The insurance policy, or an accompanying document, shall obligate the liability insurer to notify the Township Clerk if any change occurs in the policy or if the policy is terminated or canceled for any reason. At which time any such notice is received all licenses shall be revoked immediately.
[Ord. No. 007-2017]
a. 
There shall be no smoking on jitneys.
b. 
Only licensed jitney owners and their licensed employees can drive an authorized vehicle.
c. 
Only a licensed jitney can be used on a prescribed jitney route.
d. 
Unsanitary, inadequate, unclean or unsafe jitneys will not be permitted to operate.
e. 
It shall be illegal to use profanity or engage in physical violence either on jitneys or in areas on or near jitney stops.
f. 
All accidents must be reported to the New Jersey State Police as soon as possible after the occurrence. Any accident involving damage over $500 or personal injury must be reported immediately to the State Police.
g. 
All lost and found articles not reclaimed by jitney passengers from the licensed jitney operators will be turned in to the Township Clerk the next business day.
h. 
Jitney owners must notify the Township Clerk immediately when a change of license number or registration number occurs.
i. 
This section is cumulative of all other applicable laws and ordinances.
j. 
No flags, banners or advertising of any kind is permitted on jitneys.
k. 
The Township Committee of the Township of Upper shall, by resolution, from time to time establish additional rules for the operation of jitneys throughout the Township and shall establish approved routes and fares to be charged to passengers. A copy of all such current rules adopted by the Township Committee, in addition to those set forth above, shall be provided to the holder of each jitney license upon the issuance of said license or upon the adoption of such additional rules.
[Ord. No. 007-2017]
Any person who shall own and/or operate a jitney without complying with the provisions of this section shall be subject to the following fines, in addition to the revocation of any license issued under this section:
a. 
First offense: a fine of not more than $500, but not less than $50.
b. 
Subsequent offenses: a fine of not more than $1,000, but not less than $100, imprisonment in the County jail for a period not to exceed 90 days, or both.