[Ord. #650; 1972 Code § 60B-1]
As used in this section:
Shall mean the practice of driving about the streets of the
Borough so as to solicit passengers or to bring the presence of the
formal limousine to the attention of prospective passengers.
Shall mean any person who drives a formal limousine within
the Borough while in the employ of one who utilizes the Borough as
a principal place of business.
Shall mean any automobile or motor car, legally designated
by the State of New Jersey as a livery vehicle engaged in the business
of carrying passengers for hire located in the Borough, which is held
out, announced or advertised to operate to run, or which is operated
or run, over any of the streets or public highways of this State,
and which is hired by charter or for a particular contract, by the
day or hour, or other fixed period; or to transport passengers to
a specified place or places, or which charges a fare or price agreed
upon in advance between the operator and the passenger, provided that
the term "formal limousine" shall not include limousine and delivery
vehicles owned and operated by persons with principal place of business
located outside the Borough of Brielle; nor shall it include taxicabs,
hotel buses, buses employed solely in transporting school children
or teachers or autobuses, which are subject to the jurisdiction of
the Board of Public Utilities Commissioners, or interstate autobuses
required by Federal or State law or by the rules of the Board of Public
Utilities Commissioners to carry insurance against loss from liability
imposed by law on account of bodily injury or death.
Shall mean and consist of a business which transports in
such formal limousine one or more persons for hire by charter along
any of the streets in this Borough accepting a passenger to be transported
for hire within this Borough or from a point outside of the Borough
limits, or discharging a passenger transported for hire from a point
outside of the Borough limits to a point within the Borough limits,
and such terms shall be deemed to mean the "operation of formal limousine
business" within the meaning thereof. The "operation of a formal limousine"
in any of the above-described manners by one other than the owner
shall be deemed operation by the owner thereof as well as by the person
other than the owner or driver in any motor vehicle bearing a sign
therein or thereon using the term "formal limousine" shall be prima
facie evidence of operation.
Shall mean person, corporation or association operating a
limousine business within the Borough whose name or title to any formal
limousine is registered within the New Jersey Department of Motor
Vehicles or which appears in such records to be the conditional vendee
or lessee thereof.
Shall mean recognized by resolution pursuant to the appropriate
sections of this section.
Shall mean any street, avenue, park, parkway, highway or
other public roadway.
[Ord. #650; 1972 Code § 60B-2]
No person utilizing the Borough as a principal place of business
shall pick up for hire any persons for any formal limousine in the
Borough unless both the formal limousine and driver thereof are recognized
by resolution of the Governing Body pursuant to the terms of this
section and conform to all the provisions thereof.
[Ord. #650; 1972 Code § 60B-3]
There are hereby established two classes of recognition by resolution
to be known as "recognition of driver" and "recognition of business"
respectively.
[Ord. #650; 1972 Code § 60B-4]
a.
A recognition by resolution of a limousine business shall entitle
the formal limousine business therein described to be operated in
this Borough by an owner until the recognition is surrendered, suspended,
or revoked and shall not be transferable.
b.
There shall be no limit to the amount of limousine businesses recognized
by resolution of the Governing Body.
[Ord. #650; 1972 Code § 60B-5]
a.
Recognition of a limousine driver by resolution of the Governing
Body shall entitle the person named therein to operate within this
Borough any formal limousine duly recognized hereunder until the recognition
is surrendered, suspended or revoked and that recognition shall not
be transferable.
b.
There will be no limit to the amount of limousine drivers recognized
by resolution of the Governing Body.
[Ord. #650; 1972 Code § 60B-6]
a.
All applications for recognition of formal limousine business or
driver shall be in writing, in duplicate, and shall contain the full
name and address of the business or driver. Any and every change of
address of the business or driver shall be reported in writing to
the Borough Clerk within three days after such change.
b.
All applications shall be filed with the Borough Clerk, who shall
submit the application to the Governing Body at the next succeeding
meeting for recognition.
c.
Any person obtaining a business or driver's recognition, must be
at least 18 years of age and a citizen of the United States. If a
corporation, such corporation shall be organized and existing under
the laws of the State of New Jersey and shall maintain an office in
the Borough of Brielle.
d.
No formal limousine recognized under this section shall be maintained
or operated on the streets of the Borough except by a driver recognized
in accordance with the provisions of this section.
[Ord. #650; 1972 Code § 60B-7]
a.
Each applicant for recognition to be a formal limousine driver shall
be at least 18 years of age, a citizen of the United States and a
holder of an appropriate State driver's license issued by the Department
of Motor Vehicles, State of New Jersey.
b.
He must furnish with the application for such recognition two recent
photographs of himself, three inches in length and four inches in
height in duplicate.
c.
Every resolution recognizing a driver may be revoked upon the accrual
of six or more points on the driver's record pursuant to the New Jersey
State Motor Vehicle Statute.
d.
All changes of residence on the part of the driver recognized under
this section shall be reported in writing to the Governing Body through
the Borough Clerk and directed to the Police Department of the Borough.
[Ord. #650; 1972 Code § 60B-8]
a.
Drivers of formal limousines shall not receive or discharge passengers
in the roadway, but shall pull up to the right-hand sidewalk or as
nearly as possible thereto, or, in absence of a sidewalk, to the extreme
right-hand side of the road, and there receive or discharge passengers,
except upon one-way streets where passengers may be discharged on
either the right or left-hand sidewalk or at the side of the roadway
in the absence of a sidewalk.
b.
Cruising shall be prohibited by formal limousines.
[Ord. #650; 1972 Code § 60B-9]
Every driver of a limousine shall be issued a formal limousine
business personal identification which shall include a photograph
of the recognized driver with his name, driver's license number, recognition
of driver resolution number, and indication that said driver is in
the employ of the formal limousine business.
[Ord. #650; 1972 Code § 60B-10 New]
a.
The annual formal limousine business recognition fee shall be $100.
The license shall be effective for one calendar year commencing January
1 of each year.
b.
The annual formal limousine driver's recognition fee shall be $25
and the license shall be effective for the period of one calendar
year commencing January 1 of each year.
[Ord. #650; 1972 Code § 60B-11]
The Governing Body may, in its discretion, refuse to recognize
or may, after notice and hearing, revoke or suspend recognition:
a.
If the applicant has been convicted of a crime in this or any other
jurisdiction, or convicted of being a disorderly person pursuant to
the New Jersey Statutes Annotated or has violated any provision of
this section or has any judgment of record unsatisfied against him
arising out of an automobile accident, or has failed or fails to render
a reasonable prompt, safe and adequate formal limousine service, or
has not complied fully with all the requirements of this section for
such class of license.
b.
If the driver operates under unsafe or unsanitary conditions, or
which are dangerous to the safety or the health of the occupants or
others, or if the policy of insurance required by this section has
once lapsed or such coverage is not maintained at all times.
[Ord. #650; 1972 Code § 60B-12]
Should a formal limousine be withdrawn from services for necessary
repairs or for replacement, the Borough Clerk shall issue a transfer
license thereof to substitute another vehicle in place of the one
withdrawn, provided that all sections of this section are complied
with in respect to the proposed substitution. There shall be a fee
of $25 for the issuance of the transfer.
[Ord. #650; 1972 Code § 60B-13; New]
Should there arise an occasion where due to emergent circumstances
such as illness, the substitution of a previously recognized driver
is necessary, the Borough Clerk may issue a temporary one day municipal
limousine driver's permit provided the substitute driver meets the
qualifications as set forth in this section.
There shall be a fee of $10 for the issuance of each daily permit.
[Ord. #650; 1972 Code § 60B-14; New]
No formal limousine shall be licensed until an insurance policy
or certificate in lieu thereof and power of attorney executed shall
have been filed with the Borough Clerk with liability of not less
than $250,000/$500,000 and not less than $50,000 for insurance for
property damage.
