SANDYSTONTOWNSHIP

ORDINANCE 2009-01

AN ORDINANCE PROVIDING FOR “LICENSING OF LIMOUSINES”OF THE CODE OF THE TOWNSHIP OF SANDYSTON BEING THE ADOPTION OF CODE BY TOWNSHIP COMMITTEE

BE IT ORDAINED by the Township Committee of the Township of Sandyston, County of Sussex, State of New Jersey that Chapter 99entitled “LICENSING OF LIMOUSINES”is hereby added to the Code of the Township of Sandyston:

LICENSING OF LIMOUSINES:

Sections:

99:1 Definitions

99:2Circumstances under which a License is Issued

99:3 Requirements for License

99:4Duration of License

99:5 Violations and Penalties

99:6Repealer

99:1Definitions:As used in this article, the following terms shall have the meanings indicated, except as these terms are otherwise defined by N.J.S.A. 48:16-13 or its successor statute:

“Applicant” means the owner of a Limousine or Limousine Service that has submitted an application for a license from the Township of Sandyston under this article.

“Business Address” means commercial office space at which the actual business of a Limousine Service is conducted in compliance with local zoning and use regulations. A Business Address may or may not be the Principal Place of Business.

“License Year” means the calendar year from January 1 through December 31.

“Limousine” means and 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, non-scheduled, charter basis that is not conducted on a regular route and with a seating capacity in no event beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. Nothing in this article 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 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.

“Limousine Service” means and includes the business of carrying passengers for hire by limousines.

“Principal Place of Business” means, in reference to a municipality, the location of the main place of business of the limousine service in the municipality where limousine service is conducted, where limousines are dispatched, and /or where limousine drivers report for duty.

99:2 Circumstances under which a License is Issued.

A.Principal Place of Business in Sandyston. Whenever the owner of a Limousine has its Principal Place of Business located within the Township of Sandyston, said owner shall annually file for a license for each such owned Limousine to be issued by the Township in accordance with N.J.S.A. 48:16-17. The Township of Sandyston shall issue such license upon the owner’s satisfaction of all of the requirements set forth in this article.

B.Foreign Limousine Registration with Business Address in Sandyston. Whenever the owner of a Limousine: (1) maintains a Business Address in the Township of Sandyston, and (2) owns a Limousine that is registered in another state or in the District of Columbia, and (3) satisfied all of the requirements set forth in this article; and (4) desires to obtain a license for each such Limousine from the Township of Sandyston; said owner shall annually file for a license for each such owned Limousine to be issued by the Township in accordance with N.J.S.A. 48:16-22.4.a. The Township of Sandyston shall issue such license upon the owner’s satisfaction of all of the requirements set forth in this article.

C.Intra-Municipal Service. Whenever a Limousine Service provides intra-municipal service on a point-to point basis within the Township of Sandyston, the owner of the Limousine or Limousine Service shall annually file for a license for each Limousine providing said service, to the issued by the Township as permitted by N.J.S.A. 48:16-18.1. The Township of Sandyston shall issue such License upon the owner’s satisfaction of all of the requirements set forth in this article.

99.3. Requirements for License.

A.Fee. The Applicant shall pay a non-refundable, non-transferable fee as follows:

1.$250.00 initial application fee,

2.$25.00 per Limousine, or

3.such maximum fee allowed under N.J.S.A. 48:16-17, whichever fee is higher.

B.Insurance. The Applicant shall submit proof of insurance for liability to the Municipal Clerk in accordance with N.J.S.A. 48:16-14, issued by an insurer licensed to do business in New Jersey, having a minimal coverage of ONE MILLION AND FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00), or such other minimum amount set forth in N.J.S.A. 48:16-14, if different. Said proof shall be in the form of an insurance certificate issued by an insurance company licensed to do business in the State of New Jersey.

C.Verification Fee. The Applicant shall annually pay to the Township of Sandystona non-refundable, non-transferable fee for verification of the accuracy of its license application information as follows:

(1)Whenever the Applicant represents that its Principal Place of Business is located within the Township of Sandyston, the Township shall conduct its own investigation to confirm whether such a Principal Place of Business exists within the Township of Sandyston. The Verification Fee for this investigation shall be $100.00 for each such Limousine and each such Business Address each License Year.

(2) Whenever the Applicant represents that it maintains a Business Address in the Township of Sandyston and owns a Limousine that is registered in another state or the District of Columbia, the Township shall conduct its own investigation to confirm boththe Sandyston Business Address and the validity of the foreign registration of each Limousine. The Verification fee shall be $100.00 for each such Limousine and each such Business Address each License Year.

(3)Whenever the Applicant seeks an intra-municipal license for the Township of Sandyston, and represents that its Principal Place of Business is located in another New Jersey municipality, there shall be no verification fee required, provided that the Applicant presents a valid license for each such Limousine from the New Jersey municipality in which the Applicant’s Principal Place of Business is located.

99.4 Duration of License. The duration of each License issued by the Township of Sandyston shall be for that portion of the License Year remaining from the date of issuance of said License.

99.5Violations of License. Violation of any provision of this chapter shall, upon conviction, result in a penalty consisting of a fine up to a maximum fine of $1,250.00; or imprisonment for not more than 90 days or a period of community service for not more than 90 days; or any combination thereof.

99.6Repealer. All ordinances or parts of ordinances inconsistent with the provision of this ordinance are hereby repealed to the extent of such inconsistency.

TAKE NOTICE that the above Ordinance was introduced and passed at a regular meeting of the Township Committee of the Township of Sandyston conducted on February 10, 2009 and will be considered for final adoption, after public hearing, at a regular meeting of the Township Committee to be held on March 10, 2009 at 9:00 a.m. at the Municipal Building, Sandyston, 133 Route 645, Sandyston, New Jersey.

Jerard J. Murphy

Acting Municipal Clerk