File #: 20-1422    Version: 1 Name: Ordinance: Transportation Network Company (Financial Agreement Required)
Type: Ordinance Status: Adopted
File created: 11/4/2020 In control: Law
On agenda: 4/7/2021 Final action: 4/21/2021
Title: AN ORDINANCE TO AMEND AND SUPPLEMENT TITLE XXXIV TRANSPORTATION OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY ADDING CHAPTER 4 FINANCIAL ACCESS AGREEMENT; TO ESTABLISH THE REQUIREMENT OF A FINANCIAL ACCESS AGREEMENT BETWEEN THE CITY OF NEWARK AND ANY TRANSPORTATION NETWORK COMPANY OPERATING WITHIN THE CITY OF NEWARK, PURSUANT TO N.J.S.A. 39:5H-26.
Title
AN ORDINANCE TO AMEND AND SUPPLEMENT TITLE XXXIV TRANSPORTATION OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY ADDING CHAPTER 4 FINANCIAL ACCESS AGREEMENT; TO ESTABLISH THE REQUIREMENT OF A FINANCIAL ACCESS AGREEMENT BETWEEN THE CITY OF NEWARK AND ANY TRANSPORTATION NETWORK COMPANY OPERATING WITHIN THE CITY OF NEWARK, PURSUANT TO N.J.S.A. 39:5H-26.

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WHEREAS, advances in smartphone technology and the development of ridesharing has led to the increased popularity, and reliance by consumers upon, digital network applications (Apps) that link consumers with drivers offering transportation in their own personal, non-commercial vehicle; and

WHEREAS, the New Jersey Legislature has approved the Transportation Network Company Safety and Regulatory Act (the "Act"); and

WHEREAS, in general, N.J.S.A. 39:5H-26 prohibits a municipality from assessing taxes or fees that only apply to Transportation Network Companies, with an exception for cities of first class with an international airport; and

WHEREAS, N.J.S.A. 39:5H-26 provides that "nothing in this section shall be construed to alter, supersede, or prohibit a financial access agreement between a Transportation Network Company and a city of first class with an international airport;" and

WHEREAS, pursuant to N.J.S.A. 40A:6-4(a) "cities having a population of more than 150,000" is classified as first class; and

WHEREAS, the City of Newark is both a city of first class, has an international airport; and

WHEREAS, the Mayor and the Municipal Council are desirous of establishing the requirement of a Financial Access Agreement between the City of Newark and Transportation Network Companies operating in the City of Newark.

NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

Section 1. Title XXXIV Transportation, of the General Ordina...

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