[Ord. 2001-12 § 17, 2001]
As used in this section, the following terms shall have the meanings indicated in N.J.S.A. 40:52-1 and N.J.S.A. 48:16-13, et seq. as amended and supplemented, and regulating limousines or livery service, person and street. Except as provided in Section 2 of P.L. 1997, Chapter 356, as used in the article "autocab" means a limousine.
[Ord. 2001-12 § 18, 2001]
The applicable provisions of N.J.S.A. 48:16-14 to 48:16-22, both inclusive, as amended and supplemented, shall be complied with in the licensing and regulating of limousines in this article.
[Ord. 2001-12 § 19, 2001]
A. 
The applicable provisions of N.J.S.A. 48:16-14, as amended and supplemented, shall be complied with in the licensing and regulation of limousines in this article.
B. 
No limousine business, which has its principal place of business in the Borough of Ship Bottom, shall be operated wholly or partly along any street in the Borough until the owner has filed with the Borough clerk an insurance policy of a company duly licensed to transact business under the insurance laws of this state, in the sum of $1,500,000, against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership maintenance or use of the limousine upon any public street.
C. 
Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $1,500,000.
D. 
The insurance of a limousine license, by the Borough, shall be deemed to constitute an agreement by and between the applicant and the Borough that the applicant agrees to indemnify and hold the Borough harmless from any and all claims from damages arising from personal injury and/or property damage made by third parties as a result of or incidental to the issuance of the license and driving or operation of a limousine.
E. 
No limousine owner's or operator's license shall be issued until the applicant therefore shall have executed and delivered a signed and dated agreement which holds the Borough harmless, and by which the applicant agrees to completely indemnify the Borough from all costs and expenses incurred for any claims arising out of the applicant's ownership or operation of a limousine in the Borough.
F. 
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such limousine or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
[Ord. 2001-12 § 20, 2001]
The applicable provisions of N.J.S.A. 48:16-16, both inclusive, as amended and supplemented, shall be complied with in the licensing and regulating of limousines in this article.
[Ord. 2001-12 § 21, 2001]
A. 
The applicable provisions of N.J.S.A. 48:16-17, as amended and supplemented, shall be complied with in the licensing and regulating limousines in this article.
B. 
The municipal clerk, upon the filing of the required insurance policy by a limousine business, which has its principal place of business in the Borough of Ship Bottom, shall issue in duplicate, a license to operate, the charge for which shall not exceed the sum of $50, provided that the owner of the limousine has complied with the terms and provisions of this article.
C. 
The license shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every limousine insured thereunder, and the registration number of the same.
D. 
The duplicate license shall be filed with the Division of Motor Vehicles before any such cars are registered as a limousine.
E. 
The original license shall be retained within the limousine and shall be available for inspection by any police officer in the Borough. In lieu of the recital of insurance information required on the license pursuant to this section, the owner of a limousine may affix to the original license retained within the license a notarized letter from an insurance company containing the same insurance information required in the recital, which shall constitute proof of the insurance coverage, and which shall also be available for inspection by any police officer in the Borough. A copy of the notarized letter shall constitute proof that the applicant has complied with the insurance provisions of this section.
[Ord. 2001-12 § 22, 2001]
Nothing in this article contained shall exempt any person owning or operating any limousine service from complying with the law relating to the ownership, registration and operation of automobiles in this state.
[Ord. 2001-12 § 23, 2001]
Every owner's or operator's license granted hereunder may be suspended or revoked after notice and hearing by the Borough council for violation of any provision of this article hereof or for other good and sufficient cause. During the suspension and after revocation, the license shall be surrendered to the Borough forthwith, together with the badge supplied by the Borough pursuant to Section 5.56.250.
[Ord. 2001-12 § 24, 2001]
A. 
Any person violating or failing to comply with any other provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fines, imprisonment and community service as determined by the municipal court judge. The continuation of such violations for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
C. 
The applicable provisions of N.J.S.A. 48:16-22, as amended and supplemented, shall be complied with in the licensing and regulating of limousines in this article.
D. 
No person operating a limousine business with its principal place of business in the Borough of Ship Bottom shall operate a limousine service in any street in this municipality, without license to operate issued by the Borough of Ship Bottom and without otherwise complying with the provisions of this article.
[Ord. 2001-12 § 25, 2001]
A. 
The applicable provisions of N.J.S.A. 48:16-22.1, as amended and supplemented, shall be complied with in the licensing and regulating of limousines in this article. The provisions of Sections 5.56.030 and 5.56.040 of this chapter shall also apply to the licensing of limousine owners and limousine operators whose principal place of business is located in the Borough of Ship Bottom.
B. 
No limousine shall be operated on the highways of the Borough of Ship Bottom unless it has a license issued pursuant to N.J.S.A. 48:16-17, and the limousine is equipped, in accordance with the provisions of N.J.S.A. 48:16-22.1.
C. 
Owners' Licenses. The Borough council of the Borough of Ship Bottom is hereby authorized to issue licenses to owners of limousines in the same manner and following the provisions of licenses for taxi owners as herein above set forth in Section 5.56.030(A) hereof. In addition to the limousine license fee of $50, (outlined in Section 5.56.200), each owner must pay the annual cost of N.J.S.B.I., by check, made payable to the N.J.S.B.I., and submitted to the Borough of Ship Bottom police department with fees paid to the clerk, upon submission of the respective application.
D. 
Operator's License. The Borough council of the Borough of Ship Bottom is hereby authorized to issue licenses to operators of limousines who are capable and of good moral character in the same manner in accordance with the same requirements as herein above set forth in Section 5.56.030, and who otherwise qualify according to the provisions of this article. Such license shall hereinafter be referred to as "operator's license." For each operator's license application or for each renewal thereof, the fee shall be $30, plus the annual costs for N.J.S.B.I., by check made payable to the N.J.S.B.I., and submitted to the Borough of Ship Bottom police department at the time the application or renewal is submitted.
E. 
All limousine licensing and fee provisions contained in this article shall only apply to limousine businesses with principal place of business located in the Borough of Ship Bottom.
F. 
Renewal of the Owners' and Operators' Licenses. Owners' and operators' licenses not suspended or revoked may be renewed annually, subject to all of the same conditions, provisions and charges as required by the original license. Owners' and operators' licenses shall expire on December 31 of the year of issue and the renewal application for owners and operators shall be filed on December 1 of the calendar year preceding the year for which renewal is sought, which requirement may be waived or the period extended by the municipal clerk for good cause shown.
[Ord. 2001-12 § 26, 2001]
A. 
All licenses held hereunder shall abide by the following regulations applicable to the license or licenses held:
1. 
Posting of Operator's License Identification. When filing an operator's application or renewal application, each applicant must furnish three recent passport type photographs of the applicant being not less than 1 1/4 inches in height by one inch in length. Two photographs are to be filed with each operator's license application and one is to be attached, together with the name and address of the operator, name and address of the owner, and the operator's license number, to the Borough issued identification card, which is to be displayed in a conspicuous place in the interior of the limousine driven by the applicant.
2. 
Change of address — Loss of Records. Any change of an address of any person licensed by this article must be reported, in writing, to the municipal clerk's office, within 72 hours of such change. The loss of the license badge or any other document required to be kept by a license owner or operator must be reported to the municipal clerk's office, in writing within 72 hours of such loss.
3. 
Accidents — Reporting and Repair. The owner of a licensed limousine which is involved in an automobile accident shall provide the Ship Bottom police department with a copy of the accident report, within five working days after the accident, regardless of where the accident occurred. A limousine which has sustained damage to the vehicle such as dents or a need of painting shall be repaired within eight weeks after the date of the accident. The police department shall inform the limousine owner of any and all repairs which are necessary. Any owner who fails to comply with the terms of this subsection shall be in violation of this chapter and subject to suspension of the owner's license.
4. 
Safety Equipment. Vehicles for hire shall have at least one child restraint seat available at all times.
B. 
A badge shall be issued by the Borough for each limousine operator's license, pursuant to this article and shall bear the operator's license number of the driver and the word "operator" thereon. The badge must be conspicuously displayed on the left breast of the driver's outer garment when he or she is engaged in his or her employment. If any badge becomes lost or destroyed, a new badge shall be furnished by the municipal clerk upon the payment of the sum of $5.
[Ord. 2001-12 § 27, 2001]
A. 
Prior to the operation of any limousine on the highways of this Borough for purposes of picking up passengers, the driver of the limousine shall conduct the examination required by N.J.S.A. 48:16-22.2a.
B. 
In a calendar year in which a limousine is not required to undergo an inspection as required pursuant to N.J.S.A. 39:8-1, the owner of the limousine service shall cause to be conducted the examination required by N.J.S.A. 48:16-22.2b.