For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
CRUISING
The practice of driving about the streets of the City with
a limousine so as to solicit passengers or to bring the presence of
the limousine to the attention of prospective passengers. It shall
be shall be prima facie evidence of cruising if a limousine drives
along the streets of this City for any purpose other than transporting
a passenger to a definite destination by using the most direct route,
responding to a call for a limousine by a prospective passenger, or
returning by the most direct route to the limousine's home, terminus,
or hack stand after discharging a passenger or going to or from the
said terminus or hack stand to the driver's home by the most
direct route.
DRIVER
Any person who drives a limousine within the City.
LICENSE
The license to operate issued by the City Clerk in accordance
with this chapter and N.J.S.A. 48:16-17.
LIMOUSINE
Includes 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
not 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. Nothing in this
chapter contained shall be construed to include 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 which are subject to the jurisdiction of the Department
of Transportation, or interstate autobuses required by the 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.
OPERATION
Transporting for hire in such limousine one or more persons,
from a point within or without the City to any other point within
the City or from within the City to a point outside of the City limits.
The operation of a limousine in either of the above-described manners
by one other than the owner shall be deemed operation by the owner
thereof as well as by the person actually driving the same. The transportation
of any person other than the owner or driver in any motor vehicle
bearing a sign therein or thereon using the words "limo," "limousine,"
or "livery service" shall be prima facie evidence of operation.
OWNER
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, and who maintains its principal office for such
limousine service within the City of Rahway and who maintains continuous
telephone accommodations where s/he or his/her agent can be readily
reached.
PERSON
Includes any individual, co-partnership, association, corporation
or joint stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
PRINCIPAL PLACE OF BUSINESS
In reference to a municipality, the location of the main
place of business of the limousine service in the municipality where
the limousine service is conducted, where limousines are dispatched,
or where limousine drivers report for duty.
STREET
Includes any street, avenue, park, parkway, highway or other
public place.
No limousine service whose principal place of business is in
the City of Rahway shall be operated wholly or partly along any street
in the City of Rahway until the owner of the limousine or limousine
service shall have filed with the City Clerk 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 insuring 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.
The owner of the limousine shall, concurrently with the filing
of the insurance policy described above, submit to the City Clerk
proof of the execution and delivery to the Division of Motor Vehicles
(or Motor Vehicle Commissioner, as appropriate) of a power of attorney,
wherein and whereby the owner shall appoint the Director of the Division
of Motor Vehicles (or the Chief Administrator of the Motor Vehicle
Commission, as appropriate) 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 filed.
No license issued under this chapter shall be transferable or
assignable.
The smoking of tobacco shall not be permitted in any limousine
licensed by the City during the operation of such vehicles. The prohibition
shall be conspicuously posted in each vehicle for hire.
The parking of limousines shall comply with the parking and garage requirements as set forth in §
421-31, Regulation applying to all residential zones.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not to exceed $1,250
or by imprisonment for a term not to exceed 90 days, or both.