[HISTORY: Adopted by the Mayor and Council
of the Borough of Palisades Park 11-22-1994 by Ord. No. 1203.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Palisades Park.
The Mayor and Council of the Borough of Palisades Park.
Any person who drives a limousine within the Borough.
Licensed in accordance with the appropriate sections of this
chapter, unless otherwise stated.
Any automobile or motor car, with the capacity of five but
fewer than 10 passengers plus driver, engaged in the business of carrying
passengers for hire, 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;
provided, however, that the term "limousine" shall not include taxicabs,
hotel buses or buses employed solely in transporting school children
or teachers or auto buses which are subject to the jurisdiction of
the Board of Public Utility Commissioners or interstate auto buses
required by federal law or the rules of the Board of Public Utility
Commissioners to carry insurance against loss from liability imposed
by law on account of bodily injury or death. Furthermore, "limousine"
shall not be deemed to include a vehicle utilized for the pickup and
discharge of passengers within the Borough of Palisades Park. A vehicle
used for that purpose shall be deemed a taxicab.
The total number of limousine owners licenses that may be
issued and outstanding at one time is hereby fixed at 15 as of November
11, 1994. However, as licenses are retired or are not renewed, they
shall not be replaced and the total number of licenses shall be gradually
reduced to five.
Consists of accepting and transporting in such limousine
one or more persons for hire from a point within the Borough. The
operation of a limousine by one other than the owner shall be deemed
operation by the owner thereof as well as by the person actually driving
the same. "Operation" shall also be deemed to include parking, storing
or otherwise maintaining said vehicle within the borders of the Borough
of Palisades Park.
Any person, corporation or association 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.
[Amended 6-20-2000 by Ord. No. 1350]
A.
No limousine shall be operated within the Borough
unless both limousine and driver thereof are licensed pursuant to
this chapter and Title 48 of the New Jersey State Statutes.
B.
Any owner of a limousine(s) having a principal place
of business in the Borough of Palisades Park must be licensed in accordance
with this chapter.
There are hereby established two classes of
limousine licenses to be known as "limousine driver's license" and
"limousine owner's license," respectively.
A limousine driver's license shall entitle the
person named therein to operate within the Borough of Palisades Park
any limousine duly licensed hereunder until the license either expires
or is surrendered, suspended or revoked and shall not be transferable.
A limousine owner's license shall entitle the
limousine therein described to be operated in this Borough by a driver
duly licensed hereunder until the license either expires or is surrendered,
suspended or revoked and shall not be transferable.
Any license issued pursuant to the terms of
this chapter shall expire at 12:00 midnight on March 31 of the year
in which it was issued unless sooner surrendered, suspended or revoked.
A.
All applications for the issuance or the renewal of
any license of either class shall be made to the Council on forms
to be obtained from the Borough Clerk and designed to elicit information
respecting the identification, responsibility and law-abiding habits
of the applicant.
B.
Each applicant for a license of any class shall supply
the information requested on the application in full and verify the
correctness thereof by his oath or affirmation and thereafter file
the completed application with the Borough Clerk, together with the
full amount of the proper fee hereinafter fixed therefor.
A.
All applications for the issuance or renewal of a
limousine owner's license shall be made in writing, in duplicate,
and shall contain the full name and address of the owner, the serial
number, type, color, year and make of the limousine, the number of
persons it is to carry and a detailed description of the manner in
which all vehicles shall be parked or otherwise stored in accordance
with the provisions of this chapter. Any and every change of address
of the owner shall be reported to the Borough Clerk within three days
after such change.
B.
Every person obtaining a limousine owner's license
shall be at least 18 years of age and, if operating more than one
vehicle with the owner's license, shall have a regularly registered
business office located within the Borough of Palisades Park in compliance
with all local building and zoning ordinances and shall therein have
a telephone operating.
C.
No limousine owner's license shall be issued until
the limousine has been thoroughly inspected by the Police Department
and found to be in a safe, clean and sanitary condition for the transportation
of passengers.
D.
No limousine licensed under this chapter shall be
maintained or operated on the streets of the Borough except by a driver
licensed in accordance with the provisions of this section.
E.
No limousine owner's license shall be issued without
satisfactory proof of the availability of off-street parking for all
vehicles. Said proof must be approved, in writing, by the Building
Inspector.
F.
No limousine owner's license shall be issued unless
the applicant shall possess a valid New Jersey Driver's license.
A.
Each applicant for a limousine driver's license shall
be at least 18 years of age and a holder of a valid driver's license
issued by the Division of Motor Vehicles, State of New Jersey.
B.
Each applicant for a limousine driver's license shall
file with his application two photographs, each 3 1/2 inches
square, clearly depicting the facial features of the applicant, both
of which photographs shall thereupon become the property of the Borough
and be retained with the application form unless the application shall
be issued, in which event one of the photographs shall be permanently
affixed to the license card in a space provided therein.
C.
Each applicant for a limousine driver's license shall
be fingerprinted by the Police Department of the Borough, which fingerprints
shall thereupon become the property of the Borough and be retained
with the application form.
D.
All changes of residence on the part of the holder
of any limousine driver's license issued under this section shall
be reported, in writing, to the Borough Clerk within three days after
such change and shall be directed to the Police Department of the
Borough.
E.
The Borough Clerk is hereby authorized to issue a
temporary limousine driver's license pending the approval by the Council
of any application for a limousine driver's license submitted in accordance
with the provisions of this section, provided that the Chief of Police
of the Borough shall first certify to the Borough Clerk that, after
due investigation, the applicant is not ineligible under the provisions
of this section.
A.
Every applicant for a limousine owner's license shall
submit the insurance policy or bond required by §§ 48:16-14
and 48:16-15[1] of the Statutes of New Jersey covering the limousine to
be licensed and shall execute and deliver to the Borough Clerk concurrently
with the filing of the policy or bond aforesaid a power of attorney,
wherein and whereby the owner shall appoint the Borough Clerk his
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 or bond filed in accordance with § 48:16-16 of the
Statutes of New Jersey.
[1]
Editor's Note: N.J.S.A. 48:16-15 was repealed
10-12-1979 by P.L. 1979, c. 224.
B.
The Borough Clerk, upon filing of the required insurance
policy or bond, shall issue a certificate in duplicate showing the
owner of the limousine has complied with the terms of the New Jersey
Statutes, aforementioned, which certificate shall recite the name
of the insurance company, the number and date of expiration of the
policy or bond, a description of the limousine insured thereunder
and the registration number of the same. The duplicate certificate
shall be filed with the Department of Motor Vehicles before any such
car is licensed as a limousine. The original certificate shall be
posted in a conspicuous place within the limousine.
A.
The annual license fee for each limousine driver's
license hereafter issued or any renewal thereof shall be $25 for each
year or portion of a year for which the license is issued or renewed.
B.
The annual fee for each limousine owner's license
hereafter issued or any renewal thereof shall be $150 plus $30 for
each limousine for each year or portion of a year for which the license
is issued or renewed, and all such licenses shall be under the charge
and control of the person applying therefor and he shall be responsible
for the operation of all cars so licensed to him.
C.
An administrative fee of $50 shall be charged by the Borough Clerk
for registration of a vehicle with the New Jersey Department of Motor
Vehicles for all businesses or residents of Palisades Park which do
not operate a limousine business in Palisades Park but reside in the
Borough of Palisades Park, own a limousine and demonstrate appropriate
insurance requirements on the limousine. In no way shall the aforesaid
registration with the New Jersey Department of Motor Vehicles be interpreted
as granting permission to operate a limousine business within the
Borough of Palisades Park.
[Added 10-27-2015 by Ord.
No. 1652]
The Council may, in its discretion, refuse to
issue or renew or may, after notice and hearing, revoke or suspend:
A.
Any license of either class if the applicant or licensee
has been once convicted of a crime in this or any other jurisdiction
or convicted of being a disorderly person or of a violation of Title
39, Motor Vehicles and Traffic Regulation, of the Statutes of New
Jersey or has been dishonorably discharged from the Armed Forces of
the United States of America, or who violates any provisions of this
chapter or has any judgment unsatisfied of record against him arising
out of an automobile accident, or who has made false answers in his
application for such license or any renewal thereof, or who has failed
or fails to render reasonably prompt, safe and adequate limousine
service, or who has not complied fully with all requirements of this
chapter for such class of license.
B.
Any limousine driver's license if the licensee or
the applicant has in any degree contributed to any injury to persons
or damage to property arising out of negligent operation of a motor
vehicle or has any communicable or contagious disease.
C.
Any limousine owner's license if the motor vehicle
licensed or to be licensed, by reason of unsafe or unsanitary conditions,
is dangerous or unsafe to the occupants or others, or if the policy
of insurance or bond or power of attorney required by §§ 48:16-14,
48:16-15[1] and 48:16-16 of the New Jersey Statutes of the aforementioned
has not been furnished or kept in force, or if the owner fails to
comply with any terms or conditions imposed by the Council or any
law of this state.
[1]
Editor's Note: N.J.S.A. 48:16-15 was repealed
10-12-1979 by P.L. 1979, c. 224.
A.
Each applicant granted a limousine driver's license
shall be issued a license card in evidence thereof in a form approved
by the Council and signed by the Borough Clerk on its behalf. Such
license card shall at all times be prominently displayed and adequately
protected in the interior of any vehicle operated by the licensee
so that the face thereof shall be at all times in full view of and
plainly legible to any passenger seated on the rear seat of such limousine;
and the license card shall at all times be and remain the property
of the Borough and on direction of the Council shall at once be surrendered
to the Borough Clerk.
B.
No limousine driver's license card other than that
of the licensee actually operating the limousine at the time shall
be displayed therein.
A.
Drivers of 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 the absence of a sidewalk,
to the extreme right-hand side of the road and there receive or discharge
passengers, except on one-way streets where passengers may be discharged
on either right- or left-hand sidewalk or at the side of a roadway
in the absence of a sidewalk.
B.
No limousine shall be operated about the streets of
the Borough so as to solicit passengers or to bring the presence of
the limousine to the attention of prospective passengers.
A.
All vehicles herein required to be licensed or used
or operated for the carrying of passengers within the scope of this
chapter shall be automobile sedans with a minimum of three doors,
at least two of which doors shall be for the exclusive use of the
passengers. These automobiles shall at all times be clean and in good
repair.
B.
No person other than the licensed driver of the limousine
shall ride or sit in the compartment of the limousine reserved for
the driver.
[Amended 6-20-2000 by Ord. No. 1350]
No limousine shall be operated wholly or partly
along any street in any municipality until the owner of the limousine
shall have filed with the Clerk of the municipality 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 $1,500,000 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. Such operation shall be permitted
only so long as the insurance policy shall remain in force to the
full and collectible amount of $1,500,000. 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.
[Added 6-20-2000 by Ord. No. 1350]
A.
A person who shall own and operate a limousine in any street in this state in violation of the provisions of Article 2 of Chapter 16 of Title 48 of the Revised Statutes or of Title 39 of the Revised Statutes shall be subject to the following penalties:
(1)
For operating a limousine without a license issued
by a municipality pursuant to N.J.S.A. 48:16-17, operating a limousine
without authority to operate a limousine in interstate service granted
by the Federal Highway Administration, or the Interstate Commerce
Commission, as provided in Section 14 of P.L. 1999, c. 356 (N.J.S.A.
48:16-22.4), knowingly permitting a driver to operate a limousine
without a validly issued driver's license or a validly issued commercial
driver license if required pursuant to N.J.A.C. 13:21-23.1, failure
to have filed an insurance policy in the amount of $1,500,000 which
is currently in force as provided in N.J.S.A. 48:16-14 or required
pursuant to Section 14 of P.L. 1999, c. 356 (N.J.S.A. 48:16-22.4),
operating a limousine in which the number of passengers exceeds the
maximum seating capacity as provided in N.J.S.A. 48:16-13 or Section
2 of P.L. 1997, c. 356 (N.J.S.A. 48:16-13.1): a fine of $2,500 for
the first offense and a fine of $5,000 for the second or subsequent
offense;
(2)
For operating a limousine without the special registration
plates required pursuant to Section 12 of P.L. 1979, c. 224 (N.J.S.A.
39:3-19.5), or operating a limousine without the limousine being properly
inspected as provided in N.J.S.A. 39:8-1: a fine of $1,250 for the
first offense and a fine of $2,500 for the second or subsequent offense;
(3)
For operating a limousine without the attached sideboards
required by Section 11 of P.L. 1999, c. 356 (N.J.S.A. 48:16-22.1),
failure to retain within the limousine appropriate proof of insurance
or failure to execute and deliver to the Director of the Division
of Motor Vehicles the power of attorney required pursuant to N.J.S.A.
48:16-16: a fine of $250 for the first offense and $500 for the second
and subsequent offense;
(4)
For failure to be equipped with a two-way communications system, a removable first-aid kit or an operable fire extinguisher as required by Section 11 of P.L. 1999, c. 356 (N.J.S.A. 48:16-22.1), or any other violation of the provisions of Article 2 of Chapter 16 of Title 48 of the Revised Statutes other than those enumerated in this subsection: a fine of $50 for the first offense and $100 for the second and subsequent offense.
B.
Violations of this section shall be enforced and penalties
collected in a summary proceeding pursuant to "The Penalty Enforcement
Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The Superior
Court or any municipal court where the violation was detected, or
where the defendant was apprehended, shall have jurisdiction to enforce
this section. Penalties imposed pursuant to this section shall be
in addition to those otherwise imposed according to law. All penalties
collected pursuant to the provisions of this section shall be forwarded
as provided in N.J.S.A. 39:5-40 and Subsection b of N.J.S.A. 39:5-41.
[Added 10-27-2015 by Ord.
No. 1652]
Limousine services with a place of business within, and licensed
by, the Borough shall be required to pay an annual administrative
fee of $200 to cover administrative costs, including, but not limited
to, vehicle inspections, preparation of reports and documents, and
the enforcement of the provisions of this article by Borough personnel.
