Township of Scotch Plains, NJ
Union County
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Table of Contents
Table of Contents
[Ord. # 68-10; Ord. # 2011-18]
No person shall drive, keep or use for hire or wages, any hack, omnibus, stage, motor vehicle or other vehicle for the transportation of passengers, wholly or in part, within the limits of the Township, without being first licensed therefor, according to the provisions of this chapter, provided that none of the requirements contained in this chapter shall apply to the owners or drivers of any livery stable or garage vehicles, other than those vehicles kept by them for the use of passengers solicited at public stands or elsewhere within the limits of the Township.
[Ord. # 68-10; Ord. # 2011-18]
One license and one only shall be required for each hack, omnibus, stage, motor vehicle or other vehicle for the transportation of passengers, but for each driver, other than the owner of such licensed vehicle, a separate license shall be required.
[Ord. # 68-10; Ord. # 2011-18]
Every application under this chapter for license of any kind shall be in writing and where such application is made by the owner it shall state his place of residence, the character of vehicle proposed to be licensed, the correct name of the owner thereof and such other facts as may be required by the Township Council, and where the application is made for a driver's license, it shall state his full name, residence, and submit the names of at least two citizens of the County who have known him for at least one year prior to the making of such application, and such applicant must be at least 18 years of age.
[Ord. # 68-10; Ord. # 2011-18]
Every applicant under this chapter for a license of any kind shall definitely agree in his application to conform to and abide by any and all regulations now or hereafter adopted by the Township Council, including the amount charged for hire, the regulation of traffic upon the public streets and with respect to the standing and movement of vehicles at or near places designated by the Township Council where passengers may be solicited and to solicit passengers only at such places so designated.
[Ord. # 68-10; Ord. # 2011-18]
The Township Council is hereby authorized to grant the licenses, herein provided for, to so many and to such persons as it shall think proper, of good moral character and otherwise qualified according to the provisions of this chapter.
[Ord. # 68-10; Ord. # 2011-18]
Any license granted under this chapter may be suspended or revoked by the Township Council upon proof to its satisfaction that said licensed person, or in case of a corporation, any person acting on its behalf, has violated any of the Laws of the State of New Jersey, of this or any other Township ordinance, or any rule or regulation adopted by the Township Council respecting such licenses; provided that no license shall be so suspended or revoked without reasonable opportunity first afforded to the licensed person or corporation to be heard on his or its own behalf; and no person or corporation shall, during the suspension or after the revocation of his license, continue to exercise the privilege for which such license was granted.
[Ord. # 68-10; Ord. # 2011-18]
The Township Council is hereby authorized to prescribe and promulgate rules and regulations covering persons and vehicles licensed hereunder and to designate and limit stands and places where passengers may be solicited by persons so licensed, and to fix amount of charges to be made for the hire of the licensed vehicles.
[Ord. # 68-10; Ord. # 2011-18]
The license fees shall be paid as follows:
a. 
To the owner in case of a vehicle having a seating capacity of not more than seven (7) persons, $25.
b. 
To the owner in case of a vehicle having a seating capacity in excess of seven persons, $25.
c. 
To the drivers in case of a separate drivers license additional to the owner's license, $5
d. 
To the driver in addition to the license fee a deposit with the Township Clerk of the sum of $5 as a security for the return of the drivers license and badge, which will be furnished to each person so licensed.
[Ord. # 68-10; Ord. # 2011-18]
Each license granted under the provisions of this chapter shall expire on February 1 next following the granting of same, and shall state the object for which it is given, the name of the person or corporation licensed, the number of the license, the date of expiration, the manufacturer's number of the motor vehicle licensed; and the Township Clerk shall keep a detailed record of all licenses so granted.
[Ord. # 68-10; Ord. # 2011-18]
Every vehicle licensed under this chapter shall at all times have posted therein in a conspicuous place a card bearing thereon the number of the license issued for such vehicle, the name of the owner thereof, also a notice that upon request the driver will show a complete copy of this chapter, which must be kept in each and every licensed vehicle and must be shown by the driver thereof to any person upon request.
[Ord. # 68-10; Ord. # 2011-18]
Every holder of a drivers license shall, when driving or operating any vehicle thereunder, have in his possession the license issued to him, and must have the license badge furnished to him with his license conspicuously displayed upon the breast of his outer garment.
[Ord. # 68-10; Ord. # 2011-18]
No owner or driver of any vehicle licensed hereunder shall solicit passengers or permit his vehicle, when disengaged, to stand on any public street or place other than at public stands.
[Ord. # 68-10; Ord. # 2011-18]
No owner or driver of a vehicle licensed hereunder shall leave his vehicle to solicit passengers, or, while waiting for employment or otherwise, solicit customers in any noisy, persistent or offensive manner, or use profane or indecent language, or be guilty of boisterous talking or shouting, or any disorderly conduct, or vex or annoy travelers or citizens, or at any time employ any other person to ask or solicit travelers or citizens for employment.
[Ord. # 68-10; Ord. # 2011-18]
Every person who shall violate or who shall direct, assist in or connive at the violation of this chapter shall, on conviction thereof, be liable to the penalty stated in Chapter 3, Section 3-1.
[Ord. # 2011-18]
As used in this section:
LIMOUSINE
Shall mean and include any automobile or motor car 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 of no more than 14 passengers, not including the driver, provided, that such a vehicle is certified by the manufacturer of the original vehicle and the second-stage manufacturer, if applicable, to conform to all applicable Federal Motor Vehicle Safety Standards promulgated by the United States Department of Transportation pursuant to 49 CFR Part 571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49 CFR 567.1 et seq.). In addition, a "Vehicle Emission Control Information" label, which contains the name and trademark of the manufacturer and an unconditional statement of compliance with the emission requirements of the Environmental Protection Agency, shall be present on the vehicle. This definition does not apply to taxicabs, hotel buses, buses employed solely in transporting school children or teachers, vehicles owned and operated directly or indirectly by businesses engaged in the practice of mortuary science when those vehicles are used exclusively for providing transportation related to the provision of funeral services, autobuses required by Federal or State law or regulations of the Department of Transportation to carry insurance against loss from liability imposed by law on account of bodily injury or death.
LIMOUSINE OR LIVERY SERVICE
Shall mean and include the business of carrying passengers for hire by limousines.
PERSONS
Shall mean and include a firm, copartnership, association and corporation, and the singular or plural and the masculine, feminine or neuter thereof, unless the contrary is clearly expressed.
[Ord. # 2011-18]
a. 
In accordance with N.J.S.A. 48:16-22, no person shall operate a limousine wholly or partly along any street in the Township of Scotch Plains until the owner of the limousine shall have filed with the Clerk of the Township in which the owner has his principal place of business, an insurance policy of a company duly licensed to transact business under the insurance laws of this State in the sum of one million five hundred thousand ($1,500,000.00) dollars 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.
b. 
The applicant's insurance company shall supply to the Chief Administrator of the Motor Vehicle Commission notice concerning all motor vehicle liability insurance policies canceled for nonpayment and new policies issued after the effective date of January 8, 2002. The notice shall be supplied monthly. After receipt of the notice of cancellation, the Commission shall notify the owner of the date the policy was canceled. If the Chief Administrator has not received proof of liability insurance within 30 days of the date the notification was sent to the owner, the Chief Administrator shall suspend the registration of the limousine until new proof is supplied that motor vehicle liability insurance has been secured for the limousine. If the owner fails to provide proof of insurance or surrender the license plates within 60 days of the date the notification was sent to him by the Commission, the Commission shall suspend the owner's corporation code registration privilege.
c. 
Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of one million five hundred thousand ($1,500,000.00) dollars.
d. 
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. # 2011-18]
The owner of the limousine shall execute and deliver to the Motor Vehicle Commission concurrently with filing of a policy referred to in N.J.S.A. 48:16-14, a power of attorney, wherein and whereby the owner shall appoint the Chief Administrator of the Motor Vehicle Commission his or her true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed. A copy of the power of attorney shall be placed on file in the office of the Township Clerk.
[Ord. # 2011-18]
a. 
General Jurisdiction of Zoning Officer. The Zoning Officer shall have jurisdiction and responsibility to investigate and certify that the limousine business is not operating in a residential zone and that the limousine business has sufficient off-street parking for any and all limousines to be used in the business.
b. 
The Zoning Officer's certification must be submitted to the Township Clerk prior to the issuance of a limousine license.
[Ord. # 2011-18]
a. 
The Township Clerk, upon the filing of the required insurance policy, required documentation, and the payment of a fee in the amount of $50 for each limousine service plus $10 for each limousine which is covered under the required insurance policy, shall issue in duplicate, a license to operate showing that the owner of the limousine has complied with the terms and provisions of this section.
b. 
The license shall recite the name of the insurance company, the number and date of expiration of the policy, a description of limousine insured thereunder and the registration number of the same.
c. 
The duplicate license shall be filed with the New Jersey Motor Vehicle Commission before any such car is registered as a limousine.
d. 
The original license or copy thereof shall be retained within the limousine and be available for inspection by any law enforcement officer in the State. In addition to the recital of insurance information required on the license pursuant to this section, the owner of a limousine shall attach to the original license retained within the limousine, a notarized letter from an insurance company containing the same insurance information required in the recital and the Vehicle Identification Number (VIN) or a notarized certificate of insurance for the particular limousine showing the VIN as well as the limits of insurance coverage, and insurance card, which shall constitute proof of insurance coverage, and which shall also be available for inspection by any law enforcement officer in the State. A copy of the notarized letter or notarized certificate of insurance shall constitute proof to the Chief Administrator of the New Jersey Motor Vehicle Commission that the applicant has complied with the insurance provision of this section.
[Ord. # 2011-18]
Any change of address of any owner or driver licensed under the provision of this chapter must be reported in writing, to the Township Clerk within 72 hours of such change. The loss of limousine license must be reported to the Township Clerk within 24 hours of such loss. In the event any licensed driver terminates his or her employment as a driver or ends employment with one Scotch Plains based company and joins another Scotch Plains based company, he or she shall return the original license and any other paper or document in his or her possession furnished to him or her by the Township Clerk within 72 hours of such termination.
[Ord. # 2011-18]
Any person not having been duly licensed as a limousine driver, or any person whose license as such driver has been revoked or suspended and who, during the time such revocation or suspension is in effect, drives for hire any vehicle upon the streets of this Township, or who shall violate any other provision of this section, shall, upon conviction thereof, be liable to the penalty stated in Chapter 3, Section 3-1.