[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:
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.
Shall mean any natural person who operates a taxicab or limousine
and includes both employees and subcontractors of an owner.
Shall mean a license issued to each operator of a taxicab
or limousine licensed under this section.
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.
Shall mean a license issued to any owner for each taxicab
or limousine licensed under this section.
Shall mean and include any individual, association, corporation,
limited liability company and any other entity.
Shall mean and include any street, avenue, park, parkway,
highway or other public place.
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.
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:
[Ord. No. 007-2017]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any motor vehicle fueled with clean-burning compressed
natural gas, gasoline permitted only as a back up fuel source.
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.
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.
Shall mean and include person, firm or corporation.
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.
Shall mean and include any street, avenue, land or public
place in the Township utilized for vehicular jitney traffic.
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 or consumption of cannabis or cannabis
products on jitneys.
[Amended 5-10-2021 by Ord. No. 012-2021]
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:
[Added 3-22-2021 by Ord.
No. 005-2021]
The purpose of this section is to establish procedures and standards
for the award of a contract for the towing and storage of motor vehicles
by the Township.
[Added 3-22-2021 by Ord.
No. 005-2021]
a.
The contract to provide towing, lockout and storage services to the
Township of Upper must be submitted in accordance with the terms of
the towing, storage and lockout services bid specifications and proposal
form. The terms and quotes provided by the prospective contractor
in the bid specifications and proposal form are binding, and contracts
will be based upon these terms.
b.
From all submissions that are provided to the Township in accordance
with the bid specifications and proposal form, the Township of Upper
will award the contract to the lowest responsible bidder who is determined
to be a qualified and reputable towing, storage and lockout contractor.
Lowest responsible bidder does not indicate that the Township will
merely choose the bidder with the lowest price quote, but instead
the bidder determined to be qualified and reputable with the lowest
price quote.
[Added 3-22-2021 by Ord.
No. 005-2021]
a.
Initial Contract. The initial contract between the Township and the
successful bidder will be for 12 months.
b.
Renewal of Initial Contract. The Township may, at its option, renew
the contract for a twenty-four-month extension, to continue at identical
terms to the initial contract.
c.
Maximum Duration of Contract. The total term of the contract cannot
exceed 36 months, in accordance with N.J.S.A. 40A:11-15(22). After
the 36 months, the contract is ended, and a new bidding process and
acceptance must occur.
[Added 3-22-2021 by Ord.
No. 005-2021]
a.
Towing. The towing contractor will be responsible, at the discretion
and request of the State Police, Township Administrator or the Township
Parking Enforcement Officer, for the towing of:
1.
Abandoned vehicles;
2.
Disabled vehicles;
3.
Illegally parked vehicles;
4.
Stolen vehicles;
5.
Vehicles involved in accidents within the Township of Upper;
6.
Those vehicles whose owners are suspected of being involved in criminal
activity within the Township of Upper;
7.
Any other vehicle identified and requested by the State Police, Township
Administrator or Township Parking Enforcement Officer.
b.
Storage. The towing contractor will be responsible for the storage
of any vehicles towed from the Township of Upper.
c.
Lockout Services. The towing contractor will be responsible, at the
discretion and request of the State Police, the Township Administrator
or Township Parking Enforcement Officer, for providing a lockout service
for motorists whose vehicles are located within the Township of Upper.
[Added 3-22-2021 by Ord.
No. 005-2021]
a.
The towing contractor must be able to demonstrate, to the satisfaction
of the Township:
1.
That they are qualified and experienced in the business of towing,
storage, and lockout services;
2.
That they are qualified and experienced in the removal of vehicles
of all types;
3.
That they have the required and specified facilities and storage
areas;
4.
That they have the required and specified equipment, expertise, and
licensing; and
5.
That they have the required and specified personnel.
b.
Each bidder must submit, with their bid, a criminal background check
for each employee, either from the New Jersey State Police or another
reputable provider. This criminal background check must have been
conducted within one calendar year of the submission of the bid to
be deemed valid for bidding purposes. Any conviction for a felony
shall be a sufficient reason to disqualify any bidder, at the discretion
of the Township.
c.
Each bidder must also submit, with their bid, a copy of all current
and valid driver's licenses for the operators of service equipment
who are employed by the contractor and who will be directly involved
in the fulfillment of the contract.
d.
The towing contractor shall submit, with their bid, a copy of their
written drug-free workplace policy. This policy shall include, but
is not limited to, preemployment testing, ongoing testing, employee
assistance, and consequences of policy violation.
e.
The towing contractor shall submit, with their bid, the name of other
municipalities and/or businesses to which they have previously and/or
are currently providing contract towing, storage and lockout services.
f.
Additionally, the towing contractor shall submit, with their bid,
a list of towing, storage and lockout service contracts that they
have held within the past three years that are similar in scope and
nature to that offered by the Township of Upper. The Township reserves
the right to use these references and/or their performance on any
municipal/business towing, storage, and lockout service contracts
in making its award determination.
[Added 3-22-2021 by Ord.
No. 005-2021]
a.
Equipment Necessary. The towing contractor will be required to furnish
extra towing equipment and service during storms, snow emergencies,
traffic emergencies, special events, disasters, any acts of God, or
for any other reason so designated by the Township. During such periods,
hereinafter "standby periods," the towing contractor will be required
to provide adequate equipment and service, held ready to remove passenger
vehicles and light trucks under 1 1/2 tons.
b.
Duration of Standby Services. Standby service will begin when Upper
Township contacts the towing contractor. Standby service will end
when Upper Township contacts the towing contractor to inform him of
the termination.
c.
Additional Storage Locations. The Township reserves the right to,
during any emergency, designate a temporary storage location on a
property owned or leased by the Township. These temporary storage
locations would be used to house vehicles at the direction of the
Emergency Management Coordinator or his designee from the Township.
Any transportation of vehicle to or from these temporary storage locations
will carry with them the same charges as would transportation to the
official storage facility.
[Added 3-22-2021 by Ord.
No. 005-2021]
a.
The contractor providing towing services must be insured by an insurance
company authorized to do business in the State of New Jersey. In addition
to providing the minimum insurance coverage required by N.J.A.C. 13:45A-31.3,
the contractor shall provide such additional insurance as recommended
by the Township Risk Management Consultant as set forth in the bid
request.
b.
Insurance coverage must indemnify the Township of Upper, the general
public, including all elected and appointed officials, all employees
and volunteers, or boards, commissions and/or authorities and their
board members, employees and volunteers against any loss due to injuries,
accidents or damages of any kind where this damage is the result of
an act or omission by the towing contractor or his agents, in or due
to the fulfillment of the towing contract.
[Added 3-22-2021 by Ord.
No. 005-2021]
a.
The owner of any vehicle that is towed has the right to remove property
belonging to them from the stored vehicle, unless the vehicle is marked
"Police Hold" on the towing form. Any items must be removed during
the scheduled release hours, or as otherwise determined by the State
Police.
b.
The vehicle owner or his representative retains the right to take
photographs of their stored vehicle for insurance claim purposes.
c.
All complaints arising from the towing and storage of motor vehicles
shall be submitted to the Township Administrator. The Township Administrator
shall review and investigate any such complaint and make a determination
as to the appropriate action, if any, or otherwise resolve the complaint.
[Added 3-22-2021 by Ord.
No. 005-2021]
The contractor shall comply with all other laws and regulations,
including but not limited to N.J.S.A. 56:13-7 et seq. and N.J.A.C.
13:45A-31.1 et seq.
[Added 4-24-2023 by Ord.
No. 009-2023]
As used in this section, the following terms shall have the
meanings indicated:
The New Jersey State Police Woodbine Station Commander or
his or her designee or such other individual as the Township may designate
by resolution of the Township Committee.
Any person licensed to vend merchandise pursuant to this
section.
Any goods, wares, products, items, articles, or services
of any kind, nature, or description offered for sale.
Includes any individual, association, corporation, limited-liability
company, and any other entity.
The Do Not Knock Registry, if one is established pursuant
to this section.
To hawk, peddle, sell, or offer for sale any merchandise
on any property owned by another without first obtaining such property
owner's express consent to enter onto such property for such
purpose.
Any person who vends, including, but not limited to, all
hawkers, peddlers, transient merchants, and itinerant vendors of any
kind.
[Added 4-24-2023 by Ord.
No. 009-2023]
The purpose of this section is to prohibit unfair competition
and dishonest business practices and to promote the health and safety
of Township residents by the regulation of the conduct of, and by
the imposition of registration, license and background check requirements
upon, all vendors of merchandise.
[Added 4-24-2023 by Ord.
No. 009-2023]
No person shall vend in the Township any merchandise on foot
or from any automobile, vehicle, wagon, cart, other conveyance, or
stand, whether door-to-door or otherwise, without first registering
and obtaining a license therefor, as hereinafter provided, with a
certificate of good standing, if a domestic entity, and a certificate
of authority to do business in New Jersey, if a foreign entity.
[Added 4-24-2023 by Ord.
No. 009-2023]
a.
Every employer of any person who proposes to vend merchandise in
the Township, whether self-employed or employing others, shall register
with the Township Clerk. Registration forms as required by the Township
Clerk shall be submitted in person by the employer or the employer's
authorized representative. Registration forms made on behalf of a
corporation or other business entity shall be signed by a duly authorized
officer and the seal of the corporation shall be attested by its secretary
with a certificate of good standing and, if a foreign entity, certificate
of authority to conduct business in New Jersey. In connection with
the registration, the employer must also submit the following documents:
1.
If the employer is a corporation or other business entity, the full
names, residence addresses, and dates and places of birth of each
major officer and each person owning or having any interest, either
legal or equitable, aggregating in value 10% or more of the total
capital of said entity together with the name and address of the registered
agent, if any, and the address of the principal office.
2.
Proof of insurance coverage acceptable to the Township and its insurance
carrier protecting the employer/licensee and the Township from all
claims for damages to property and bodily injury, including death,
which may arise from operations under or in connection with the employer's/licensee's
vending of merchandise, with limits of not less than $2,000,000 combined
single limit. Such insurance shall name as an additional insured the
Township of Upper, including all elected and appointed officials,
all employees and volunteers, all boards and commissions and/or authorities,
and their board members, and shall provide that the policy shall not
terminate or be canceled prior to the expiration date without 30 days'
advance written notice to the Township.
b.
In addition to the registration of employers pursuant to subsection a of this subsection, each person who proposes to vend merchandise on behalf of an employer who has registered pursuant to subsection a of this subsection shall also make an application for a license to the Township Clerk in person. Any person desiring a license under this section shall file with the Township Clerk an original and one copy of an application, under oath, in writing, on a form furnished by the Township Clerk. The applicant shall set forth all information required by the application form. Incomplete applications will be rejected. In connection with the license, the applicant must also submit the following documents:
1.
Each applicant who shall personally engage in vending merchandise
shall provide a criminal history background check from the New Jersey
State Police together with two personal photographs meeting the requirements
for a U.S. passport photograph. In lieu of the background check required
by this subsection, an applicant who proposes to vend merchandise
on behalf of an employer licensed pursuant to this subsection may
instead provide a certification from the applicant's employer
that the employer has reviewed the applicant's criminal history
background check conducted by a reputable and recognized background
check provider within the last 12 months and that the background check
has indicated that the applicant has a clear criminal record and that
a copy of the background check is included with the certification.
2.
If the
applicant proposes to vend any food and/or beverages, such shall submit
a written approval from the Cape May County Health Department as part
of such applicant's license application.
[Added 4-24-2023 by Ord.
No. 009-2023]
Upon receipt of an applicant's criminal history background
check results that indicates any prior criminal history, the Township
Clerk shall transmit the background check results to the Background
Review Officer, who shall review the criminal history background check
results and notify the Township Clerk of his or her approval or disapproval.
In the event of a disapproval, such applicant may receive a license
only with the approval of the Township Committee after a public hearing.
If a background check or employer certification indicates that an
applicant has a clear criminal record, no review or approval by the
Background Review Officer shall be required.
[Added 4-24-2023 by Ord.
No. 009-2023]
Upon complying with the provisions of this section and upon
approval by the Background Review Officer, the Township Clerk shall
issue a license to the applicant. A license issued pursuant to this
section shall be valid for one full year following the date such license
is issued and shall then expire. Upon expiration of a license, the
vendor must apply for a new license before vending merchandise in
the Township. The Township Clerk shall keep an accurate list of all
such licenses. Any license issued pursuant to this section shall be
nontransferable.
[Added 4-24-2023 by Ord.
No. 009-2023]
a.
Any person holding a license issued pursuant to N.J.S.A. 45:24-9
shall be exempt from applying for a license and registering, or paying
a fee as required by this section; provided, however, that such person
shall be required to file a copy of his or her license issued pursuant
to N.J.S.A. 45:24-9 with the Township Clerk; and provided, however,
that such license holder shall be required to comply with all other
provisions of this section. Such person shall refile a copy of such
license annually.
b.
This section shall not apply to any person engaged in the delivery
of merchandise in the regular course of business to or upon the premises
of persons who had previously ordered the same or were entitled to
receive the same by reason of a prior agreement.
c.
This section shall not apply to any person engaged in the vending
of merchandise in connection with special events sponsored by the
Township or hosted on property held by the Township with permission
of the Township Committee; provided, however, that such persons shall
comply with any other requirements and regulations applicable to such
activities.
[Added 4-24-2023 by Ord.
No. 009-2023]
a.
The license
issued pursuant to this section shall be carried at all times by any
person vending merchandise in the Township. In addition, the licensee
shall wear a clearly visible identification badge containing the licensee's
name, recent photograph, employer, and the following words: "Licensed
Vendor, Upper Township, New Jersey" together with the license year.
b.
Such license shall be exhibited by the licensee to any law enforcement
officer or other person upon request.
c.
Each automobile, vehicle, wagon, cart, or other conveyance used in
connection with vending merchandise shall clearly display the name
of the company vending such merchandise and shall clearly display
in a conspicuous place and manner the following words printed thereon:
"Licensed Vendor, Upper Township, New Jersey."
[Added 4-24-2023 by Ord.
No. 009-2023]
a.
No vendor licensed pursuant to this section or N.J.S.A. 45:24-9 shall
be allowed to stand or remain in any one place for the purpose of
vending merchandise for a period longer than 15 minutes except where
such licensed person does so upon the property of another with the
express consent of any owner, representative or agent of an owner,
or occupant of such property.
b.
No person licensed pursuant to this section or N.J.S.A. 45:24-9 shall
vend any merchandise on Sundays or federal or New Jersey state holidays.
c.
Vending of merchandize on any public beach, public park, public way,
public parking lot, or any public place shall be prohibited unless
it has been specifically authorized by the Township Committee or its
designee. Vending on public streets shall only be permitted on such
streets and at such times as designated by resolution of the Township
Committee.
d.
No person shall enter upon the property of another to vend merchandise
if the property displays a sign stating "No Soliciting," "No Solicitors,"
"No Trespassing," "No Knock," or any other prohibition of similar
intent.
e.
Any vendor shall immediately vacate any property of another upon
receiving a request by any owner, representative or agent of an owner,
or occupant of such property to vacate the premises, and shall not
enter upon such property again for a period of at least 30 days for
the purpose of vending merchandise.
f.
No person may enter onto the property of another to vend merchandise
before 9:00 a.m. or after 5:00 p.m.
g.
No person shall use a license issued to another person pursuant to
this section and no licensee shall permit such license to be used
by another person.
h.
Vendors shall not drink alcoholic beverages, use drugs, or be under
the influence of drugs or alcohol when vending merchandise.
i.
Vendors shall not harass the public.
[Added 4-24-2023 by Ord.
No. 009-2023]
Any person who, while vending merchandise, violates any of the provisions of this section, any criminal or quasi-criminal statute, regulation, or rule of the State of New Jersey, any regulation approved by the Township Committee, or any direction or order of any law enforcement officer or state, county, or Township official shall, in addition to being subject to the penalties provided for in Subsection 4-5.11, be liable, after a hearing, to have his license suspended or revoked by the Township Committee. Any person whose license is revoked pursuant to this subsection shall be ineligible to receive a new license for a period of one year.
[Added 4-24-2023 by Ord.
No. 009-2023]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not exceeding $1,000
or by imprisonment for a term not exceeding 90 days, or both. Each
and every separate violation of this section shall constitute a separate
offense for purposes of this subsection.
[Added 4-24-2023 by Ord.
No. 009-2023]
The Township Committee, by resolution, may waive any of the
regulations contained in this section.
[Added 4-24-2023 by Ord.
No. 009-2023]
a.
The Township may by resolution of the Township Committee create a
Do Not Knock Registry to permit residents to register to be excluded
from any vending of merchandise upon such resident's property.
The registry, if created, shall identify registered properties by
street address and shall exclude the name(s) of the owner(s) or occupant(s).
b.
No person may vend merchandise on any property that is listed on
the Do Not Knock Registry.
c.
The property of a resident that is placed on the Do Not Knock Registry
at the resident's request shall remain on the Do Not Knock Registry
until such time as the resident advises the Township Clerk, in writing,
that the resident wishes to have the property removed from the list
or until such time as the property is sold. Upon the sale of a property,
the Township Tax Collector shall advise the Township Clerk to remove
such property from the Do Not Knock Registry if listed and shall advise
the purchaser of the right to have the property listed on the Do Not
Knock Registry.
d.
The Township Clerk shall distribute a copy of the registry to every
licensee at the time of issuance of a license pursuant to this section
or, in the case of an individual licensed pursuant to N.J.S.A. 45:24-9,
at the time such individual files with the Township Clerk a copy of
such individual's license. The licensee shall not vend merchandise
at any premises identified on the current registry. All licensees
are required to obtain updates to the registry at the beginning of
each week, which will be available in the Clerk's office.
[Added 4-24-2023 by Ord.
No. 009-2023]
The Township may, by resolution of the Township Committee, make
available to residents of the Township signs, stickers, or other form
of notice stating "No Soliciting" or otherwise indicating that solicitation
is prohibited upon a property where such notice is displayed. The
cost to a resident to obtain such sign, if any, shall be established
by resolution of the Township Committee.
