[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach by Ord. No. 1994-14 (Sec. 5-12 of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A person, firm, company, association or corporation applying for a license to operate five or more rolling chairs on the boardwalk and in the Borough.
- Elevated walk or promenade along the ocean front.
- The person or corporation in whose name the license is issued by the Clerk of the Borough of Bradley Beach.
- The driver or person at the controls of a rolling chair.
- The person or corporation actually owning or leasing the rolling chairs.
- ROLLING CHAIR
- A wheeled vehicle for the transportation of two or three persons for hire.
- ROLLING CHAIR STATION
- Any building, space or place from which rolling chairs are rented for riding on the boardwalk.
- The interval consumed between the time a passenger hires a rolling chair and the time the passenger leaves the rolling chair.
- The public streets in the Borough of Bradley Beach.
No person shall operate, conduct or maintain a rolling chair without first obtaining a license for so doing from the Clerk of the Borough of Bradley Beach. Such license shall be effective for the period of April 1 of each year to October 31 of the following year.
[Amended by Ord. No. 1999-05]
The annual license fee for each rolling chair shall be $30.
Upon the payment of the license fee for a rolling chair as specified in this chapter and upon the full and complete compliance with all the terms and provisions of this chapter by an applicant, the Clerk of the Borough of Bradley Beach or other duly authorized agent for the Borough of Bradley Beach shall issue to the applicant a license therefor, for the rolling chairs proposed to be operated by such applicant, not exceeding 10 in number, copies of which license shall be securely fastened on the back of the chair at the left-hand side on a line with the seat, so that the same may be readily seen and inspected by the agents of Bradley Beach and the public.
The maximum number of rolling chairs which may be licensed at any one time for operations in the Borough of Bradley Beach shall be limited to 20.
Once an applicant has been issued a license and has become a licensee, and for so long as said license has not been revoked for cause, or the Borough has decided to repeal this chapter and prohibit the use of rolling chairs, then said licensee shall be entitled to renew his license annually upon the payment of the required fees and upon compliance with this chapter. In the event that the applications for rolling chairs exceed 30 in any year, priority will be given to existing licensees who have complied with the terms of this chapter. In the event that there are five or fewer licenses for distribution, said licenses shall all be distributed to the same applicant. In the event that there are more applicants than licenses for the initial year, the Borough will award the licensee by lottery.
The Clerk of the Borough of Bradley Beach or other duly authorized agents of the Borough of Bradley Beach shall keep a record of each license issued for rolling chairs and shall in said record designate the person to whom such license is issued, and the number of rolling chairs for which the license has been issued.
Any license issued to any one person or persons under this chapter shall not be transferable to any other person or persons.
Before the issuance of a license to an applicant, that applicant by April 1 of each year shall file with the Clerk of the Borough of Bradley Beach a statement which shall list the rates to be charged for hire of the rolling chairs described in the license and operated from the rolling chair station. It shall be unlawful for any licensee, owner, manager, operator or pusher to charge more than the price fixed in said schedule, at any time or under any circumstances. No change in any existing rate schedule filed, as aforesaid, shall become effective until 10 days after said new rate schedule shall have been filed in the office of the Clerk of the Borough of Bradley Beach.
The owner or licensee of each rolling chair shall place on the inside of the front of each rolling chair, open to the view of the passengers, a reproduction of the sign or rate card posted in the rolling chair station, in miniature form, not smaller than 2 1/4 inches by 6 1/2. It shall be unlawful for any owner, licensee or manager to permit any rolling chair to leave a rolling chair station for hire unless the rate sign referred to in this section shall be affixed thereto, and it shall likewise be unlawful for any operator to operate or push any rolling chair not equipped with such sign showing the correct rates.
The owner of each rolling chair shall place on either side and on the front thereof in line with the seat board of said chair a sign not exceeding three inches in width and nine inches in length, containing the name of the licensee of said chair, which chair shall also exhibit a copy of the Borough of Bradley Beach license and the rolling chair station number, if any.
It shall be unlawful for any licensee, manager, or operator, as heretofore defined, to be under the influence of intoxicating liquor at any time while in the actual performance of his business or duty.
All operators, while in the performance of their business or duty, shall act in a kind, courteous and polite manner to customers or patrons of the rolling chair, and to all other persons. It shall be unlawful for any operator to shout, bounce the rolling chair, or operate the rolling chair in any fashion which would endanger the occupants thereof, or any other persons.
It shall be lawful for any operator to stop his rolling chair briefly for the convenience of a passenger. In such case, the chair shall be moved off the lane, and, if requested by the passenger to wait for a short interval, the operator may park the chair for a short interval.
It shall be unlawful for any owner, licensee, manager, or operator to solicit the hiring of rolling chairs by use of any mechanical means.
It shall be unlawful for any licensee, owner or manager to operate or permit to be operated any mechanically operated rolling chairs.
It shall be unlawful for any licensee, owner, manager, or operator to permit or allow more than three adults to ride in or occupy any rolling chair at any one time. Children under eight shall not be construed as adults.
Rolling chairs may be operated from 10:00 a.m. to 12:00 a.m. (midnight), seven days per week. During the period of operation, rolling chairs may only be operated. It shall be unlawful for chairs to be operated in the same direction abreast of or alongside each other, except when passing each other, and not more than one rolling chair shall pass another rolling chair at the same time and place. No rolling chair shall pass another rolling chair except by passing towards the center. No rolling chair shall pass more than three preceding chairs at one time.
It shall be unlawful to operate any rolling chairs at a speed in excess of four miles per hour.
No rolling chair shall be equipped with any horn, bell, or other warning or signaling device, nor shall the use of any horn, bell or other warning or signaling device be permitted in its operation. No rolling chair shall have affixed to it any sign, display or advertising other than the name of the owner and operator of the rolling chair, and the schedule of rates.
It shall be unlawful for the operator of a rolling chair to impede or interfere with vehicles or traffic on public streets, and the operator shall obey all traffic laws when operating a rolling chair on a public street.
Operators of rolling chairs shall be required to dress in a neat and appropriate fashion. All operators are required to wear shoes, pants and shirts. Each licensee shall establish a standard uniform or dress for its employees operating rolling chairs.
All rolling chairs shall be properly maintained and neatly painted at all times. Rolling chairs shall not remain on the boardwalk during the hours of 12:00 a.m. (midnight) to 10:00 a.m. In the event that the rolling chairs are stored during the hours of nonoperation, the storage facility shall be maintained in an orderly and neat fashion and shall comply with all applicable zoning regulations.
Before being granted a license, every applicant for a license shall file with the Clerk of the Borough of Bradley Beach a certificate of insurance issued and duly countersigned by a duly licensed and authorized New Jersey insurance agent, evidencing the issuance and actual existence of a policy of insurance of a safe, reputable casualty insurance company duly licensed and authorized to transact business under the laws of the State of New Jersey. By such policy of insurance, said insurance company shall agree, for and on behalf of such licensee and his, her, their or its servants, agents, employees, successors and assigns, to pay all sums, to the limits specified, which the licensee shall become legally obliged to pay as damages because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person or persons (other than any operator or person employed or under contract by said licensee), or damage to property, caused by accident and arising out of the ownership, maintenance, use or operation of rolling chairs owned, leased to or rented by such licensee and arising or resulting from and out of any and all operation incidental to or connected with the conduct and operation of such rolling chair business by such licensee. Said policy shall indemnify and save harmless the Borough of Bradley Beach, its agents, servants and employees, from any liability to persons or property, including the payment of all attorneys' fees and costs incurred to defend any suit, demand, presentation or action arising out of the licensee's ownership, maintenance, use or operation of rolling chairs within the Borough of Bradley Beach, and said policy shall name the Borough as an additional insured.
Such policy of insurance shall provide a minimum limit of liability on the part of the insurance company in the amount of $500,000 for one person for all damages, including damages for care and loss of service, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person in any one accident and $500,000 for each accident, which latter limit, subject to the above provisions respecting each person, is the limit of the insurance company's liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by two or more persons in any one accident. Said policy of insurance shall further provide a minimum limit of liability on the part of the insurance company in the amount of $500,000 for all damages to property, arising out of any one accident.
If any licensee shall fail to fully and promptly comply with the provisions of this chapter and with all other laws, ordinances and regulations pertaining to the business of such licensee, or in the event of the failure to maintain insurance in full force and effect without lapse, as required under this chapter, then and in either or any of such events, the rolling chair license issued to such licensee shall immediately cease, terminate and become null and void and of no effect, and the licensee shall forthwith and without delay of any kind surrender such license to the Clerk of the Borough of Bradley Beach for cancellation and shall forthwith and immediately cease, terminate, discontinue and end all operations and business conducted by licensee under said license. All fees and costs shall be forfeited.
Any person violating any of the provisions of this chapter shall, upon conviction in the Municipal Court of Bradley Beach, be punished for each offense by a fine not to exceed $500 and/or imprisonment in the county jail for a term not to exceed 90 days. Each time a chair shall be operated in violation of the foregoing chapter or any part thereof, it shall constitute a separate and distinct offense.
The use of the word "person" shall, for the purpose of this chapter, be deemed to include persons, firms, associations, copartnerships and corporations.
The Borough of Bradley Beach reserves the right to repeal or modify this chapter at any time, and the Borough shall not be liable for the repeal or modification of this chapter.