[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960
by Ord. No. 3319 as Article 10 of Chapter 10 of the Revised
Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where
applicable.]
GENERAL REFERENCES
Licensed businesses — See Ch. 303.
As used in this chapter, the following terms shall have the meanings
indicated:
- HIGHWAY
- Any street, avenue, park, parkway, road or other public place.
- MOTOR VEHICLE
- Includes all vehicles propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks.
- OWNER
- Any and every person engaged in the business of renting or leasing motor vehicles, without a driver, to be operated by the lessee or bailee, his agent or servant, for purposes other than the transportation of passengers for hire.
- PERSON
- Any individual, partnership, association, corporation or joint-stock company, their trustees or receivers appointed by any courts.
No person shall engage in the business of renting or leasing motor vehicles
for a purpose other than the transportation of passengers for hire in the
City without first having obtained a license from the City.
[Amended 11-14-1966 by Ord.
No. 3728]
A.
Any person desiring a license under this chapter shall
file with the City Clerk an original and two copies of an application, under
oath, in writing, on a form furnished by the City Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's residence
address and date and place of birth.
(4)
If the applicant is a partnership, the full names, residence
addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity, in
the case of a corporation, the full names, residence addresses, dates and
places of birth of each major officer and each stockholder, the name and address
of the registered agent and the address of the principal office (The term
"stockholder," as used herein, means and includes any person owning or having
an interest, either legal or equitable, in 10% or more of the stock issued
and outstanding of the applicant corporation.); in the case of another entity,
the full names, residence addresses, dates and places of birth of each person
owning or having any interest, either legal or equitable, aggregating in value
10% or more of the total capital of said entity, the name and address of the
registered agent, if any, and the address of the principal office.
(6)
Whether the applicant or any partners, officers or stockholders
thereof have ever been arrested or convicted of a crime and, if so, the name
of the person arrested or convicted, the date of arrest, the crime or charge
involved and the disposition thereof. The term "officers," as used herein,
means and includes the president, vice presidents, secretary and treasurer
of a corporate applicant.
(7)
The number of vehicles to be rented or leased to others
by the applicant.
(8)
A description of each vehicle to be so rented or leased,
including make, model, color, engine number, serial number and year of manufacture.
C.
Upon receipt of such application, the City Clerk shall
submit the same to the Police Department and Building Department for reports
with reference to the compliance or noncompliance of the proposed establishment
with municipal and state rules, regulations, ordinances and statutes and the
truth of the matters contained in the application.
D.
Upon return of such application and reports, the City
Clerk shall submit the same to the Municipal Council for its consent and approval.
E.
Upon the consent and approval of the Municipal Council,
the City Clerk shall issue such license.
[Amended 4-7-1987 by Ord.
No. 5151-87; 6-5-1991 by Ord.
No. 5502-91]
A.
Every application submitted pursuant to this chapter for the issuance of a license to operate a business involving the renting and leasing of motor vehicles shall be accompanied by a fee of $140, which fee is not returnable should the applicant fail to qualify in his application. A fee of $10 shall be paid to the City Clerk for the issuance of every certificate of compliance required by § 443-9 herein.
[Amended 1-2-2008 by Ord. No. 6711-08]
B.
All licenses issued pursuant to this chapter shall expire
on December 31 of each year unless renewed on or before the date of expiration
in compliance with the provisions of this chapter.
Every owner, as defined in § 443-1 of this chapter, shall file with the City Clerk a policy of insurance of a company duly licensed to transact business under the insurance laws of New Jersey, insuring such owner against loss from the liability imposed by law upon such owner for damages on account of bodily injury or death suffered by any person other than a person in the employ of such owner, or a person in, on or about such motor vehicle in the status of a driver, passenger for hire or occupant, as a result of accidents occurring by reason of the negligent maintenance, use or operation of such motor vehicle upon the public highways of the State of New Jersey.
The policy of insurance referred to in § 443-5 shall provide a limit of liability on the part of the insurer, exclusive of court costs and the expenses of investigating and defending suits, for each motor vehicle covered thereby, in the sum of not less than $10,000 for bodily injury to or death of any one person, and, subject to the same limit of liability for each person so injured or killed, in the sum of not less than $20,000 for bodily injury to or death of more than one person in any one accident, and for damage to property in the sum of $5,000. Said policy shall also provide for the payment, subject to the aforesaid limits of liability, of any final judgment recovered by any person on account of the ownership, maintenance and use of such motor vehicle by either the owner, lessee, bailee or his agent or servant, or any fault in respect thereto, and shall be for the benefit of any person suffering loss, damage or injury as aforesaid. Such policy of insurance shall also contain a provision for a continuing liability thereunder, subject to the aforesaid limits of liability, notwithstanding any recovery thereon, and shall further provide that nothing contained therein, nor the violation of any of the provisions thereof, shall relieve the insurer, within the limit of liability aforesaid, from the payment of any such judgment; but this provision shall not, as between the insurer and the assured, affect the rights given by the policy to the insurer against the assured because of any violation or otherwise. The provisions of this chapter and of N.J.S.A. 45:21-3, as amended, so far as may be requisite, shall be read into and deemed to form a part of any such policy.
The owner, at his option, may file one policy for each motor vehicle,
or one policy covering two or more motor vehicles, or one policy covering
all vehicles operated under the same ownership, with provision for substitution
and addition of motor vehicles thereunder, and may file policies of different
insurers.
A.
The owner shall, prior to the issuance of any certificate
of compliance, execute and deliver to the City Clerk a power of attorney,
wherein and whereby the owner shall nominate, constitute and appoint the City
Clerk his true and lawful attorney for the purpose of acknowledging service
of any process out of a court of competent jurisdiction in any action brought
to recover damages against such owner by reason of the negligent maintenance,
use or operation of any such motor vehicle as aforesaid.
B.
No owner shall be required to file and maintain in force
more than one power of attorney under this chapter.
Upon the owner's compliance with the requirements of this chapter, the
City Clerk shall issue to the owner a certificate for each vehicle, which
certificate shall describe the vehicle and certify that the owner thereof
has filed a policy of insurance and power of attorney as required by this
chapter and N.J.S.A. 45:21-1 et seq. The certificate, when issued, shall at
all times be carried in the vehicle for which issued, and no lessee, bailee
or owner shall remove, or cause or permit to be removed, said certificate
therefrom.
The City Clerk shall revoke the certificate of compliance at any time
when there is not on file in the City Clerk's office a valid policy, in full
force and effect, and a power of attorney, as required by this chapter. Upon
written notice of such revocation, the owner shall surrender the certificate
of compliance forthwith to the City Clerk or to any person designated by the
City Clerk to receive the same, and the owner shall cease to operate, or cause
or permit to be operated, such motor vehicle.
Any policy filed under the provisions of this chapter may be canceled,
as to accidents occurring subsequent to the effective date of such cancellation,
by the insurer or by the owner upon the terms and in the manner therein provided
for; but such cancellation shall not be effective unless and until 20 days'
notice in writing of such cancellation shall have been given to the City Clerk.
Service of such notice of cancellation may be made either personally, or by
registered or certified mail, and directed to the City Clerk at City Hall,
Clifton, New Jersey. Immediately upon receipt of such notice by the City Clerk
of the cancellation, as required by this chapter, or if the authority of the
insurer to transact business in the State of New Jersey shall be revoked,
the City Clerk shall require the owner to replace such policy with another
good and sufficient policy in accordance with the provisions of this chapter,
in default of which the owner's certificate shall be revoked for all motor
vehicles covered by such policy, and the owner shall thereupon cease to operate,
or cause or permit to be operated, any such motor vehicle. Upon revocation
of the certificate of compliance of any owner by the City Clerk, other than
for failure to file another policy upon notice of cancellation, as hereinabove
provided for, notice shall be sent by the City Clerk to the insurer, and such
notice of revocation shall operate automatically to cancel such policy for
the motor vehicle for which the certificate was revoked, as to all accidents
occurring subsequent to the revocation of the certificate, and such insurer
shall be liable for the return of the unearned premium upon such policy, as
in case of cancellation by the insurer.
Any corporate owner may be exempt from obtaining or filing an insurance
policy as required by this chapter if the Commissioner of Banking and Insurance
of this state shall, by written order, make such exemption and deliver a certified
copy of such order to the City Clerk. Such certified copy of the order shall
be filed by the City Clerk in lieu of an insurance policy for so long as said
order of the Commissioner of Banking and Insurance remains in force. The City
Clerk shall indicate that such an order is on file in the office of the City
Clerk by notation in the certificate of compliance issued to the corporate
owner. In the event that the Commissioner of Banking and Insurance shall revoke
his order granting exemption, then the City Clerk shall revoke the certificate
of compliance, and the corporate owner shall thereupon cease to operate, or
cause or permit to be operated, any motor vehicle affected by said revocation
until such time as a policy of insurance as required in this chapter is obtained.
Every owner shall keep and maintain a daily register, in which shall
be entered the date and the time of the renting or leasing of each motor vehicle
so rented or leased, the name and address of each person to whom the same
is rented or leased, with a description of his business and of the purpose
for which the vehicle is to be used, and the name and address of each person
who will drive or operate the same, together with the number of his license
to drive a motor vehicle and a description of the authority by which the same
is issued. The register shall be open to inspection at all reasonable times
by any person having a claim for damages incurred by reason of personal injury
or property damage in the operation of any such motor vehicle while so rented
or leased or his agent or attorney.
Nothing herein contained shall exempt any owner or operator of any such
motor vehicle from complying with existing statutes or ordinances relating
to the ownership, regulation and operation of motor vehicles.
[Amended 5-9-1969 by Ord.
No. 3912; 3-17-1970 by Ord.
No. 3969]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment for a
term not exceeding 90 days, or both.
