Ord 2009 03 LSVOrdinance by IH5DM7D


									                                ORDINANCE NO. 2009–03

                       CHAPTER XVI LICENSES,

     WHEREAS, the Borough of Belmar now desires to amend and
supplement specific provisions with regard to licensing and
regulating the rental of Low Speed Vehicles (LSV’s) under Section
20-12 et seq. of the Borough of Belmar Revised General
Ordinances; and

     WHEREAS, the Mayor and Council of the Borough of Belmar have
determined that the licensing and regulation of LSV’s to protect
the residents of Belmar, the general public and those renting
LSV’s in the Borough of Belmar.

     NOW, THEREFORE, BE IT ORDAINED by the Borough of Belmar,
County of Monmouth, New Jersey, that the Borough of Belmar
Revised General Ordinances are hereby amended and supplemented as

SECTION I. Chapter XX Licenses is hereby amended and
supplemented as follows:

[Note to Editor: Section 20-14 is new and is not underlined for
the convenience of the reader.]


20-14.1   Applicability. As used in this section, “Low Speed
Vehicle” or “LSV” shall mean any motor vehicle subject to the
applicable State and Federal requirements for LSV's presently in
effect, which are N.J.S.A 39:4-31.1 et seq. and Federal Motor
Safety Standard No. 500 at 49 C.F.R. 571.500, and as they may be
amended from time-to-time. This Section only applies to the
rental of LSV’s and is in addition to any State or Federal

20-14.2   Licensing. All persons engaged in the business of
renting LSV’s shall obtain a Mercantile License as provided for
in this Chapter. Additionally, each LSV rented shall be
individually licensed by the Borough of Belmar as provided

20-14.3   Regulations. The operation of a LSV rental business
shall be subject to the following regulations:

       a.     Each LSV to be rented shall be listed on the license
              application and must be subsequently licensed by the
              Borough before it is offered for rent. The Borough
              will issue a license card and/or decal for each LSV,
              which is only for that specific LSV and shall not be
              transferred to another LSV. The license card/decal
              issued for each LSV shall at all times be prominently
              displayed and adequately protected so that the face
              thereof shall be at all times in full view of and
              plainly legible from the exterior of the LSV. The
              license card/decal shall at all times be and remain the

Additions are indicated by underline; and, deletions by strikeout.

              property of the Borough and on direction of the Borough
              shall at once be surrendered to the Borough Clerk.

       b.     Each rented LSV shall            comply with all Federal and State
              regulations regarding            the minimal equipment and
              specifications for an            LSV, insurance and use by duly
              licensed drivers, and            the like.

       c.     Each applicant for an LSV License shall, together with
              his/her application, submit an insurance policy of one
              million dollars ($1,000,000) for their business, which
              shall remain in full force and effect at all times, and
              the owner shall indemnify and hold harmless the
              Borough, its officers, agents or employees, from any
              and all loss, costs, damages and/or expenses suffered
              by any person or to any property arising from the
              owner's negligence and/or operation of the LSV.

       d.     Each rented LSV shall be covered by insurance in the
              minimum amount of $300,000 for the combined single
              limit bodily injury and property damage coverage.

       e.     Each rented LSV shall have a map encompassing the area
              from the northern border of Asbury Park to the southern
              border of Sea Girt and from Route 35 to the Atlantic
              Ocean, which clearly and legibly depicts all streets
              which LSV’s are permitted and any streets which LSV’s
              are not permitted by Order of the Commissioner of the
              Department of Transportation, Municipal Ordinance or
              County Resolution, if any. The map shall be updated at
              least once a year, or more frequently if the Borough
              determines that a safety issue exists and so directs.
              The back of the map shall contain a notice to the
              driver of the LSV, as follows:

                             IMPORTANT NOTICE TO DRIVER:
                             New Jersey State Law allows the use of this
                             low speed vehicle (LSV) on streets with a
                             posted speed limit of 25 miles per hour or
                             less. The Law allows the State to permit
                             LSV’s on roads with a speed limit of up to 35
                             mph. The Law also allows the State, Counties
                             and Municipalities to prohibit the use of
                             this vehicle on certain streets. The map on
                             the other side of this Notice is updated once
                             a year and may not reflect all streets which
                             LSV’s are permitted and/or prohibited.

              The aforementioned map and Notice shall be laminated to
              protect it from the weather and shall be tethered to
              the LSV and shall be immediately replaced if it is
              removed or is not legible.

       f.     No rented LSV shall hereafter be operated in the
              Borough unless and until there is prominently displayed
              in the interior thereof, within the full view and
              access of any passengers, a complete list of fares,
              charges or tariff rates charged for use of the LSV,
              which fares, charges or tariff rates, and no other,
              shall be those to be charged.

       g.     The use of any charging post owned by the Borough of
              Belmar at the Belmar Marina is prohibited, unless the

Additions are indicated by underline; and, deletions by strikeout.

              business has a lease or similar arrangement with the
              Borough for use of the same. The term "charging post"
              shall mean any facility which is equipped to charge, or
              is capable of charging, an electric LSV.

SECTION II. Chapter XX Licenses is hereby amended and
supplemented as follows:

20-6 FEES.

20-6.1        Businesses at Fixed Locations.

     The license fees to be paid annually, unless otherwise
specified, for conducting the business or businesses herein named
at the premises to be designated in the license or licenses
issued under this Chapter, shall be as follows:

Low Speed Vehicle Rental Business                                    $100.00
And License per vehicle, each:                                       $ 25.00

SECTION III. If any section, paragraph, subdivision, clause or
provision of this ordinance shall be adjudged invalid, such
adjudication shall apply only to the section, paragraph,
subdivision, clause or provision so adjudged and the remainder of
the Ordinance shall be deemed valid and effective.

SECTION IV. All Ordinances or parts of ordinances inconsistent
with or in conflict with the ordinance are hereby repealed to the
extent of such inconsistency.

SECTION V. This Ordinance shall take effect 20 days after final
passage, adoption and publication.

Additions are indicated by underline; and, deletions by strikeout.


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