[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 6-6-1995 by Ord. No. 1028. Amendments noted where
applicable.]
As used in this chapter:
A.
DRIVER — Any person who drives a limousine
within the Borough, whether or not such person is also the owner thereof.
B.
OWNER — Any person in whose name title
to any limousine is registered with the New Jersey Department of Motor
Vehicles, or who appears in such records to be the conditional vendee
or lessee thereof.
C.
PERSON — Any individual, corporation,
association, partnership, or any other such entity.
D.
LIMOUSINE — An automobile or motor
car with a carrying capacity of not more than nine passengers, not
including the driver, commonly called a limousine, engaged in the
business of carrying passengers for hire, which is held out, announced,
or advertised to operate or run or which is operated or run over any
of the Borough streets and which is hired by charter or for a particular
contract, or 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.
Nothing in this chapter contained shall be construed to include taxicabs.
A.
The license required by this section shall be known
as a "limousine owner's license."
(1)
No person shall operate a limousine business which
is sited and located within the Borough unless said person has obtained
a limousine owner's license for each limousine used in such business.
(2)
The total number of limousine owner's licenses that
may be issued and outstanding at any time pursuant to and in conformity
with this chapter shall be fixed from time to time by the Mayor and
Council by resolution, but shall not be greater than five.
B.
Limousine driver's license. No person shall transport
any passenger for hire in any limousine licensed under this chapter
unless such person shall have secured a license for said purpose pursuant
to the provisions of this chapter. The license required by this section
shall be known as a "limousine driver's license."
A.
Limousine owner's license. Each application for a
limousine owner's license shall state:
(1)
The character and description of the vehicle proposed
to be licensed, including the make, model, year, engine serial number,
color, state registration number, number of doors of said vehicle,
and the number of persons said vehicle can carry as passengers.
(2)
The correct name, residence and business address of
the owner thereof.
B.
Limousine driver's license. Each application shall
state any record of traffic violations over the preceding five years,
and be accompanied by a certificate of a physician stating that he
has examined the applicant within 60 days and has found the applicant
to be physically fit for the safe operation of a limousine.
Each application for a limousine owner's license
shall be accompanied by a policy of insurance, with the premium prepaid
thereon, written by an insurance company duly licensed to transact
business under the insurance laws of the state, which has been submitted
to the Borough Clerk and approved by the Borough Attorney as to form
and sufficiency, in an amount as required by N.J.S.A. 48:16-14.
Each application for a limousine owner's license shall be accompanied by a duly executed and acknowledged power of attorney wherein and whereby the applicant shall appoint the Chief Fiscal Officer of the Borough as his true and lawful attorney for the purpose of acknowledging service of any process of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed in accordance with § 254-4 above.
The processing of limousine owner or driver
license applications shall be charged to the Chief of Police. The
applicant shall be fingerprinted by the Police Department and shall
file with his application two recent photographs of himself, of the
size that could be attached to his license. One of the photographs
shall be filed with the application in the Police Department Bureau
of Criminal Identification. Said applicant will be investigated as
to his character and reputation and if said applicant is denied a
license, he will forfeit the fee for the application. The Chief of
Police shall prepare an application form requesting submittal of the
information required under this chapter for the issuance of a limousine
license. The Mayor and Council shall approve by resolution the application
form.
A.
The Chief of Police shall revoke any limousine owner's
license upon a determination that there is not in full force and effect
the insurance policy in the collectible amounts as specified in this
chapter.
B.
Any such suspension shall be noted on the license
together with statements of the reason therefor, and the driver shall
be deprived of his license by the Police Chief suspending or revoking
such license. Said license shall be reviewed for reinstatement at
the expiration of the period for which the license was issued.
The Borough Council may by resolution make such
general rules and regulations and such special rulings and findings
as may be necessary for the proper regulation and control of the operation
of limousines in the Borough of Oradell and enforcement of this chapter,
in addition thereto and not inconsistent therewith, the Borough Council
may alter, amend, repeal and publish same.
A.
The Chief of Police may refuse to issue or renew or
may revoke or suspend any license issued hereunder if the applicant
or licensee or his agent or employee:
B.
No license issued hereunder shall be revoked or suspended
unless the Chief of Police shall hold a hearing concerning such revocation
or suspension, which hearing may be held upon five days notice to
the applicant.
C.
Hearing before the Chief of Police.
(1)
At the hearing before the Chief of Police, the applicant
or licensee may be present in person or represented by counsel.
(2)
The testimony of the hearing shall be recorded on
audio tape or stenographically transcribed.
(3)
Upon being satisfied that the applicant or licensee
is guilty of the violations charged, the Chief of Police may deny
the application for a license, or suspend or revoke the license granted,
and in case of such suspension or revocation of such license, the
applicant or licensee shall not be entitled to the return of any portion
of the license fee paid to the Borough.
(4)
An applicant or licensee may appeal to the Borough
Council from an adverse decision of the Chief of Police. The applicant
or licensee appearing shall pay for and serve upon the Borough Council
nine copies of the transcribed record of the hearing before the Chief
of Police and shall submit nine copies of a memorandum setting forth
the grounds of appeal.
No licensee under this chapter shall operate
or cause to be operated any vehicle which is not at all times clean
and in good repair.
A.
"In need of repair" shall include but is not limited
to the following:
(1)
That the glass (windows and/or windshield) is cracked,
chipped or scratched, or that the glass in the mirrors is cracked.
(2)
That the horn does not function properly so as to
produce a sound audible for 200 feet.
(3)
That the emergency brake does not hold the vehicle
when parked on a grade.
(4)
That the foot brake does not hold the vehicle when
parked on a grade and that it does not have sufficient reverse pedal.
(5)
That the headlights, taillights, stop lights and directional
lights do not turn on and off when operated by the controls in the
vehicle, or are otherwise broken or defective.
(6)
That the windshield wipers do not rotate back and
forth with sufficient pressure when turned on and do not stop when
turned off by the controls in the vehicle.
(7)
That the tires have damage, ply separation, breaks
or cuts and do not have at least 2/32 of an inch tire tread.
(8)
That the defroster does not function properly so as
to produce a temperature in excess of 50° F.
B.
The owner and operator of each limousine operating
in the Borough of Oradell shall present the limousine to the Chief
of Police or other designated police officer so that it may be inspected
to determine whether it complies with the provisions of this chapter.
Immediately after the termination of any hiring
or employment, every driver of a limousine must carefully search such
limousine for any property lost or left therein, and any such property
discovered must be reported in writing to the Police Department with
brief particulars and descriptions of such property, within 24 hours
after the findings thereof, unless sooner claimed or delivered to
the owner.
A.
No licensee under this chapter or other person interested
in or connected with any vehicle licensed under this chapter shall
cruise on the Borough streets with any limousine for the purpose of
soliciting passengers.
B.
No licensee under this chapter shall permit any licensed
vehicle, when disengaged, to stand in any public street or place other
than to be waiting for a passenger in front of any building or place.
No owner or driver of any such limousine shall
induce any person to employ him by knowingly misinforming or misleading
any such person, either as to time or place of the arrival or departure
of any train, or other regularly scheduled mode of transportation,
or as to the location of any hotel, public place or private residence
within the Borough, nor shall any such owner or driver deceive any
person or make false representation to him, or convey any passenger
to any other place or over any street other than that to which the
passenger may have instructed the driver to go.
The owner of each limousine so licensed shall
keep or cause to be kept a written daily record of each trip made
by said limousine showing the date, time and place the cab was engaged,
the place and time of discharge of the passengers, the number of passengers
carried, the fare received, distance carried, a statement of receipts
and expenditures, and the limousine driver's license number of the
person driving the cab on the trip. Such records shall be subject
to inspection by the Police Department of the Borough of Oradell,
or the Borough Council at their discretion. There shall also be reported
to the Chief of Police the happening of an accident involving such
limousine or the loss of property left in the limousine by a passenger
within 24 hours after such event.
A.
Any person violating any provision of this chapter
shall, upon conviction in the Municipal Court of the Borough of Oradell,
be punished for each offense by a fine not to exceed $500, or by imprisonment
for any term not exceeding 90 days, or both.
B.
Any corporation violating any provision of this chapter
shall upon conviction thereof, pay a fine of not more than $500.
C.
Any person who aids, assists or abets in the violation
of any of the provisions of this chapter shall be subject to the penalties
herein provided for.
The conviction of a licensee for a violation
hereunder shall not prevent the Borough from taking action to suspend
or revoke the license of the person so convicted as herein provided.
A.
Should any section or provision of this chapter be
held invalid in any proceedings, the same shall not affect any other
section or provision of this chapter except insofar as the section
or provision so held invalid shall be inseparable for the remainder
of any such section or provision.
B.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
C.
This ordinance shall take effect after final passage
and publication in accordance with law.
