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Home My Public Portal AboutOrdinance 01:20 Ihe Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 235, ENTITLED, "TAXI CABS" OF THE CODE OF THE BOROUGH OF CARTERET CREATING A NEW SECTION ENTITLED, "LIMOUSINES", AND ESTABLISHING REGULATIONS FOR THE LICENSING AND OPERATIONS OF LIMOUSINES WITHIN THE BOROUGH OF CARTERET WHEREAS, the Borough finds it necessary to establish regulations for the licensing and operations of limousines. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, a Municipal Corporation of the State of New Jersey, located in Middlesex County, thereof as follows: SECTION 1. Chapter 235 of the Code of the Borough of Cartemt is hereby amended and supplemented as follows: 235-14 General Provisions A. Definitions. As used heroin, the following terms shall be defined as follows: (1) Driver-any person who drives a limousine within the Borough whether or not said person is also the owner therof. (2) Limousine-any "Autocab" as defined in N.J.S.A. 48:16-13. Nothing in this definition contained shall be construed to include taxi cabs. (3) Limousine or Livery Service-means and include the business of carrying passengers for hire by limousine. (4) Owner-any person in whose name title to any limousine registered with the New Jersey Department of Motor Vehicles, or who appears in such records to be the conditional vendee or lessee thereof. (5) Person-any individual, co-partnership, association, corporation, joint stock company, or any such entity, their lessees, trustees or receivers appointed by any Court whatsoever. (6) Street-any street, avenue, park, parkway, highway, or other public place. B. Jurisdiction and Responsibility. (1) The Borough Clerk. The Borough Clerk shall have jurisdiction and responsibility of issuance of licenses, collection of fees and certification of insurance compliance. The Borough Clerk shall issue such license after the satisfactory compliance by the applicant with the provisions of N.J.S.A. 48: 16-13, et seq., the payment of the fee, the submission of a current certificate of insurance and a signed statement from the Borough's Zoning Officer certifying that the limousine service is not operating in a residential zone and that the limousine business has sufficient off-street parking for any and all limousines to be used in the business. (2) Zoning Officer. The Zoning Officer shall have jurisdiction and responsibility of investigation and certification that the limousine business is not operating in a residential zone and that the limousine business has sufficient off-street parking for any and all limousines to be used in the business. NO. 01-?0 PAGE 235-15 Licenses Required A. "Limousine Owner's License." (1) No person shall operate a limousine business which is principally 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 owners licenses that may be issued and outstanding at any time pursuant to and in conformity of this ordinance shall be fixed from time to time by the Mayor and Council by resolution but shall not exceed one hundred (100). B. Limousine Driver's License. No person shall transport any passenger for hire in any limousine licensed under this ordinance 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." 235-16 Application Requirements A. Limousines Owner's License. Application for licenses for limousines shall be made by the owners thereof upon forms to be furnished by the Borough Clerk and contain the following information: (1) The character and the 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. (3) The application shall be verified by oath or affirmation. (4) The application must be accompanied by present proof that the principal place of business is the Borough of Carteret, New Jersey. Acceptable proof is a current New Jersey driver's license, motor vehicle registration or a copy of a tax bill or lease. (5) The application for a Iimousine owner's license shall be accompanied by the certification of the Borough's Zoning Officer that the limousine business is not located in a residential zone and that said business has sufficient off-street parking for any and all limousines to be used in the business. B. Limousine Driver's License. The Borough Clerk shall issue a limousine driver's license upon receipt of proof that the applicant therefore is at least eighteen (18) years -- of age, holds a current and valid automobile driver's license issued by the State of New Jersey, Division of Motor Vehicles, and is able to speak the English language. 235-17 Insurance Requirements. Each application for a limousine owner's license shall be accompanied by a policy of insurance, written by an insurance company, duly licensed to transact business under the insurance laws of the State of New Jersey, which has been submitted to the Borough Clerk in the form and amount as required by N.J.S.A. 48:16-14. 235-18 Certificate of Compliance. The Borough Clerk, upon filing of the required insurance policy and approval of the owner's application, and the payment of the requested fee, shall issue in duplicate a license to operate, showing that the owner of the limousine has complied with the terms and provisions of this ordinance and N.J.S.A. 48:16-13, et seq. This license shall recite the name of the insurance company, the number and date of expiration of the policy, a description every limousine insured then under, and the registration number of the same. -- A duplicate license shall be filed with the Division of Motor Vehicles before any such vehicle is registered as a limousine. The original license shall be posted in a conspicuous place within the limousine. NO. O1-?O PAGE 3 235-19 License Fees; Duration. A. Limousine Owner's License. The annual fee to be paid for a limousine owner's license, which shall be separately required for each limousine, shall be the sum of fifty dollars ($50.00) per year or any portion thereof. All limousine owner's licenses shall be issued for one (1) year commencing on March 1 and expiring the following February 28 (February 29 for leap years). B. Limousine Owner's License. The annual license fee for a limousine driver's licenses shall be the sum of fifty dollars ($50.00) per year or any portion thereof. All limousine driver's licenses shall be issued for one (1) year commencing on March 1 and expiring the following February 28 (February 29 for leap years). 235-20 Licenses Transferable. Limousine licenses issued pursuant to this ordinance may be sold, assigned, mortgaged, or otherwise transferred by the designated person to whom such licenses were issued provided that such transfer takes place simultaneously with the sale of the business and that transferee of the license will be the new owner of the business. Any license not transferred to the new owner of the business shall immediately and automatically revert back to the Borough. 235-21 Substitution Of Vehicles. A. Application Requirements. (1) The vehicle described on the limousine license may be substituted or replaced by another vehicle only after a written permission therefore is received from the Borough Clerk. The Borough Clerk shall not grant such permission until; (a) The existing license application is amended to include the relevant information with respect to the substituted vehicle. (b) The insurance policy required pursuant to subsection 235-17 has been amended to disclose the substitution of the new vehicle. B. Fee. A fee of fifty dollars ($50.00) shall be paid to the Borough Clerk for substituted vehicles. C. Duration. The license for said substituted vehicle shall have the same effective date and expiration date as the original vehicles license. 235-22 Violations And Penalties. A. Any person who violates any provision of this ordinance shall, upon conviction thereof, be subject to the penalties set forth in Section 1-17 of the Code of the Borough of Carteret. B. In addition to such penalties as aforesaid, every license granted pursuant to this ordinance may be revoked by the Borough Clerk upon evidence of failure to comply with any of the provisions of this ordinance or any of the provisions of N.J.S.A. 48:16-13, et seq. NO. 01-20 PAGE SECTION 2. All ordinances and provisions thereof inconsistent with the provision of this ordinance shall be and be and are hereby repealed as to the extent of such inconsistencies. SECTION 3. Any section, subsection, part, cause or phrase of this ordinance shall be declared invalid by judging of any Court of competent jurisdiction, the section, subsection, part clause or phrase shall be deemed to be severable from the remainder of this ordinance. SECTION 4. This ordinance shall take effect immediately upon final passage and publication as required by law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCrLMAN YES NO NV A.}i. COUNCILMAN YES NO NV A.B. F_A..Z_E .K A S X RIOS, ....... ,, X QUINONES X SANTORO X REIMAN X SOHAYDA X I X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto cp Adopted on first reading of thc Council of the Borough of Carteret, N.J., on Arn-i APRIL Ic), 2001 Adopted on second reading after hearing on / MUNICIPAL CLERK