MIME-Version: 1.0 Content-Type: multipart/related; boundary="----=_NextPart_01C42880.C4BF41D0" This document is a Single File Web Page, also known as a Web Archive file. If you are seeing this message, your browser or editor doesn't support Web Archive files. Please download a browser that supports Web Archive, such as Microsoft Internet Explorer. ------=_NextPart_01C42880.C4BF41D0 Content-Location: file:///C:/6F55C0F3/LIMOUSINES.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" BOROUGH OF NORWOOD

 

 

BOROUGH OF NORWOOD

 

ORDINANCE NO. 04:02  

 

 

AN ORDINANCE AMENDING CHAPTER 149 OF THE CODE OF THE BOROUGH OF NORWOOD TO REGULATING LIMOUSINES AND LIVERY SERVICES

 

 

WHEREAS, the Mayor and Council of the Borough of Norwood has the authority to license the operation of limousines, pursuant to N.J.S.A. 48:16-1 to 22, and the purpose of this Ordinance is to amend Chapter 149 of the Code of the Borough to incorporate amendments to t= he above-referenced statutes as set forth in P.L. 1999, c. 356.

NOW, THEREFORE, BE IT ORDAINED by = the Mayor and Council of the Borough of Norwood as follows:

Section 1: Chapter 149-1 to 7 of t= he Code of the Borough is replaced with the following:

Chapter 149

LIMOUSINES AND LIVERY SERVICES

§149-1.&= nbsp; Definitions.

As used in this chapter, the following terms s= hall be deemed to have the meanings  indicated:

 

BOROUGH - The Borough of Norwood.

 


LIMOUSINE - Any automobile or motor car used in the business of carrying passengers f= or hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular r= oute and with a seating capacity of not more than 14 passengers, not including t= he driver, provided, that such a vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture.  Nothing = in this definition contained shall be construed to include taxicabs, hotel bus= es, or buses employed solely in transporting school children or teachers, vehic= les owned and operated directly or indirectly by businesses engaged in the prac= tice of mortuary science when those vehicles are used exclusively for providing transportation related to the provision of funeral services, autobuses that= are subject to the jurisdiction of the Department of Transportation, or interst= ate autobuses required by federal or state law or regulations of the Department= of Transportation to carry insurance against loss from liability imposed by la= w on account of bodily injury or death.

 

LIMOUSINE OR LIVERY SERVICE - The business of carrying passengers for hire by limousi= nes.

 

PERSON - Any individual, copartnership, association, corporation, limited liability company, or joint-stock company, their lessees, trustees, or receivers appointed by any court whatsoever.

 

PRINCIPAL PLACE OF BUSINESS - The location of the main place of business of the limou= sine service in the Borough where limousine service is conducted, where limousin= es are dispatched, or where limousine drivers report for duty.

 

STREET - Any street, avenue, park, parkway, highway, or other public place.

 

 

 

 


§149-2.   License Required for Limousin= es.

 

It shall be unlawful for any owner of a limous= ine or livery service having its principal place of business in the Borough to operate a limousine wholly or partly along any street in the Borough unless= the owner of the limousine has obtained a license from the Borough Clerk.

 

§149-3.   Application; Requirements.

 

A.  Applications for limousine licenses shall be made in writing, upon forms to be furnished= by the Borough Clerk, signed by the applicant, and filed with the Borough Clerk.  Applications shall con= tain or be accompanied by the following information:

 

1.  If the applicant is an individual, the name, age, and residence of the applica= nt; if a partnership or limited liability company, the names, ages, and residen= ces of all the partners or members, together with the business name and address= of the partnership or company; and if a corporation, the names, ages, and residences of the president and secretary, and the period of residence in t= he state, county, and municipality, together with the business name and addres= s of the corporation.

 

2.  A copy of an insurance policy complying with N.J.S.A. 48:16-14.

 

3.  The name of the applicant’s insurance company, the number and the date of expiration of the policy required by N.J.S.A. 48:16-14 and a description of every limousine insured thereunder and the registration number of each.

 

B.  Applications made by corporations shall be signed in the name of the corporation by the president and attested by the secretary.  A certified copy of a corporate re= solution authorizing the application shall be attached.


C.  Applications shall be duly verified by the applicant before a notary public or some other person duly authorized to administer oaths.

 

D.  Each application shall be accompanied by the full amount of the requ= ired license fee.  All licenses are issued subject to collection of any check received in payment.

 

§149-4.   Annual Fee and Term of Licens= e.

 

A.  The nonrefundable annual fee to be paid for limousine licenses shall be fifty dollars ($50) for each limousine licensed by the Borough, except that a limousine company that operates intra-Borough, point-to-point service within the Borough shall be required to pay a single license fee of $50 for all limousines used for the intra-Borough point-to-point service, as defined by N.J.S.A. 48:16-18.1.

 

B.  All limousine licenses shall be for a term of one year.

 

 

§149-5.   Limousine License, Contents, = Filing and Posting.

 

A.  The Clerk, upon the approval of an application for a limousine license, shall i= ssue a license to operate, in duplicate, showing that the owner of the limousine= has complied with the terms and provisions of this chapter and N.J.S.A. 48:16-1= 3 et seq.

 

B.  The license shall recite the name of the insurance company, the number and date= of expiration of the policy, a description of every limousine insured thereund= er and the registration number of the same.

 


C.  The duplicate license shall be filed with the Division of Motor Vehicles before= any such car is registered as a limousine.

 

D.  The original license shall be retained within the limousine in compliance with N.J.S.A. 48:16-17.

 

E.  The insurance provisions of this section may be waived only in compliance with N.J.S.A. 48:16-19 to 20.

 

§149-6.  Revocation of License.

 

Any limousine license issued pursuant to this section may be revoked by the Mayor and Council, after notice to the licens= ee and a hearing, if it shall appear that the licensee has failed to keep in f= ull force and effect the insurance policy, required by this chapter and the applicable State laws, or has failed to comply with the terms and condition= s of any license, this ordinance, or the applicable state laws.

 

Section 2: Section 149-8 shall be renumbered as Section 149-7.

Section 3:  All Ordinances or parts of Ordinan= ces that are inconsistent with the provision of this Ordinance are hereby repea= led, but only to the extent of such inconsistencies.

Section 4:  The provisions of this Ordinance a= re severable.  If any part of this Ordinance is declared to be unconstitutional or invalid by any Court, the remaining parts of this Ordinance will remain in full force and effect.        =             &nb= sp;   

 

 

 

 


Section 5:  This Ordinance shall take effect u= pon passage and publication in accordance with law.

Passed second reading:

 

ATTEST:        =             &nb= sp;      

 

 

 

        =             &nb= sp;              =         =                     =  

Lorraine L. McMackin,        =       Michael B. Kaplan, Mayor

Borough Clerk

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