Chapter 5.12 PASSENGER BUSES

As used in this chapter, the singular shall include the plural, and the masculine shall include the feminine. Except where the context clearly indicates otherwise, the following words shall mean:

“Certificate” means certificate of public convenience and necessity.

“Driver” means every person in direct and immediate possession or charge of operating any passenger bus, either as agent, employee or otherwise of the owner, as owner or under the direction of the owner.

“Owner” means every person having use or control of any passenger bus, whether as owner, lessee or otherwise.

“Passenger bus” means a motor vehicle for hire, having a seating capacity of six or more passengers and used for the transportation of persons within the city or from any place within the city to any place without the city.

“Street” means any street, alley, avenue, road, lane, highway or public place in the city commonly used for the purpose of public travel. [Ord. 2001-24 (5.04.010)].

5.12.020 Certificate required – Application.

A. No person may engage in the operation of any passenger bus business within the city of Eagle Point without first obtaining a certificate of public convenience and necessity as provided in this chapter and paying the required business license fees.

B. An application for a certificate for the operation of one or more passenger buses shall be filed with the city administrator, shall be verified under oath and shall provide the following information:

1. The name, business address and residence address of the owner or person applying;

2. The number of vehicles owned and the number of vehicles operated by the owner on the date of application;

3. The number of vehicles for which a certificate is desired;

4. The number and suggested location of passenger bus stops, if any are sought;

5. The make, type, year of manufacture and passenger seating capacity of each passenger bus for which application for a certificate is made;

6. A description of the proposed color scheme, insignia, trade style or any other distinguishing characteristics of the proposed passenger bus design;

7. A statement whether the applicant or any officers of the applicant have been convicted of any felony, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed;

8. Such other information as the city council may deem necessary in all applications or in individual applications for the proper protection of the public. [Ord. 2001-24 (5.04.020)].

5.12.030 Investigation of application – Public hearing.

A. Before any passenger bus application is acted upon by the city council, the city administrator shall have the police chief make an investigation within 30 days from the date the application is filed.

B. Upon completion of such investigation, the police chief shall report his or her findings in writing to the city administrator.

C. In determining whether the public convenience and necessity require the operation of a passenger bus for which application is made, the city council may hold a public hearing within 30 days from the date the application is filed.

D. The city council by motion may grant the applicant the right to conduct temporary passenger bus service in the city of Eagle Point until any investigation or hearings to be held hereunder are completed. [Ord. 2001-24 (5.04.030)].

5.12.040 Decision of city council.

A. The decision of the city council in declaring that public convenience and necessity require more passenger bus service shall be declared by resolution. The city council may grant a certificate to any applicant and may determine the number of certificates to be granted to any applicant.

B. No certificate may be issued to any person who has not complied with all requirements of this chapter. [Ord. 2001-24 (5.04.040)].

5.12.050 Transfer, cancellation, suspension or revocation of certificate.

A. No certificate may be sold, assigned, mortgaged or otherwise transferred without the consent of the city council by resolution. The city council may grant or deny or impose such conditions with respect to the transfer of a certificate as it may deem to be in the best interests of the public safety and the general welfare.

B. An application for transfer of any certificate is subject to the same terms, conditions and requirements as the application for an original certificate.

C. If a person sells his or her passenger bus business or discontinues the passenger bus business for a period of 45 consecutive days, the certificate is automatically cancelled and may be reissued only in accordance with this chapter.

D. Any certificate may be suspended or revoked by the city council after a hearing at which the certificate holder is given an opportunity to appear if any one or more of the following conditions exist:

1. The owner’s past record is unsatisfactory;

2. The owner fails to operate the passenger bus in accordance with the provisions of this chapter,

3. The owner ceases to operate any passenger bus for a period of 45 consecutive days without obtaining permission for cessation of such operation from the city council;

4. The passenger buses are operated at a rate of fare other than that approved by the city council;

5. The owner fails to pay any of the fees or payments required to be paid by him or her by the provisions of this chapter. [Ord. 2001-24 (5.04.050)].

5.12.060 Surrender of certificate.

Any certificate suspended or revoked by the city council shall be surrendered to the police chief and the operations of any passenger bus covered by such certificate shall cease. Any owner who permanently retires any passenger bus from passenger bus service and does not replace it within 45 days shall immediately surrender any certificate granted for the operation of such passenger bus to the police chief and the owner may not secure an additional certificate for the operation of any passenger bus without making application therefor in the manner provided in this chapter. [Ord. 2001-24 (5.04.060)].

5.12.070 Additional vehicles.

Any owner holding a certificate to operate a passenger bus business as provided in this chapter may add to the number of vehicles used in that business upon obtaining from the city recorder a certificate therefor which shall be granted upon application made as under EPMC 5.12.020(B) and after inspection of such vehicle by a certified mechanic. [Ord. 2001-24 (5.04.070)].

5.12.080 License fees.

No certificate may be issued or continue in operation until the applicant has paid the city recorder, upon application, an annual license fee of $15.00 for the first vehicle and $5.00 for each additional vehicle operated within the city. Where the certificate is issued for less than one year, the license fee may be prorated on a six months’ basis, with a one-half payment being made for any time of less than six months during which such certificate is to remain in effect. The annual license fee is on July 1st of each year. [Ord. 2001-24 (5.04.080)].

5.12.090 Passenger bus rates – Rates displayed.

A. The rates to be charged for transportation of passengers in regular route scheduled service and the schedules for the transportation of passengers in regular route scheduled service shall be approved by the council. Such rates and schedules shall be displayed in each passenger bus operated within the city and no different rates shall at any time be charged or collected for passenger bus service, either directly or indirectly through the use of coupons, rebates, commutation tickets or in any manner whatsoever, from point-to-point within the corporate limits of the city.

B. Requests for changes in schedules, routes and rates may be filed with the recorder who shall submit the proposed changes to the city council and, upon approval of the council, shall be deemed to be in lieu of the original schedules, routes and rates filed. If the council fails to take action upon such for changes within 30 days after such request has been filed with the recorder, the changes in schedules, routes and rates shall take effect automatically. If the council denies the request for such changes, in whole or in part, the operator may petition the circuit court of the state of Oregon for the county of Jackson to order the city to approve the changes and the circuit court shall be empowered to rule upon the question of whether such changes provide reasonable rates for the services or the consideration of costs of providing the services and all other considerations. [Ord. 2001-24 (5.04.090)].

5.12.100 Identification of passenger buses.

Each passenger bus shall be marked to adequately identify its owner. No vehicle covered by the terms of this chapter shall be licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the city council, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this chapter, in such a manner as to be misleading or tend to deceive or defraud the public. If after a license has been issued for a passenger bus hereunder, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the city council, in conflict with or imitates any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such a manner as to be misleading or otherwise tend to deceive the public, the license of or certificate covering such passenger bus or passenger buses shall be suspended or revoked. [Ord. 2001-24 (5.04.100)].

5.12.110 Maintenance of vehicle and equipment.

A. Vehicles Must Be Licensed. Prior to the operation of any vehicle under the provision of this chapter, the vehicle shall be thoroughly examined and proof of such examination by a certified mechanic shall be presented to the chief of police.

B. Periodic Inspections. Every vehicle operating under this chapter shall be inspected by a certified mechanic yearly to ensure the continued maintenance of such vehicles in safe operating condition.

C. Vehicles Must Be Kept in a Clean and Sanitary Condition. Every vehicle operating under this chapter shall be kept in a clean and sanitary condition. [Ord. 2001-24 (5.04.110)].

5.12.120 Passenger bus maintenance.

A. The police chief, or any member of the police department, may, at any time after displaying proper identification, enter any certified passenger bus to ascertain whether any of the provisions of this chapter are being violated.

B. Any passenger bus found to be unsafe or in any way unsuitable for passenger bus service shall be ordered immediately out of service, and before again being placed in service shall be placed in safe condition.

C. The interior of every passenger bus shall be kept thoroughly clean at all times. [Ord. 2001-24 (5.04.120)].

5.12.130 Operating regulations.

A. All of the above mentioned passenger buses shall be kept in good appearance, properly equipped and in safe condition for the transportation of passengers. Any passenger buses added to the list of equipment already in use shall be available for inspection and notification of their use shall be given to the chief of police prior to the use of such bus.

B. Passenger buses shall not be parked on any street except as may be designated by the city for such purpose and except for such time as shall be actually required for the loading and unloading of passengers.

C. Light hand baggage of passengers shall be carried without extra charge.

D. All passenger buses shall be operated strictly in conformance with and not in violation of the laws of the state of Oregon and code of the city regulating traffic and use of streets.

E. No driver of a passenger bus shall drive or operate the passenger bus while intoxicated or operate the passenger bus in a careless or reckless manner, use profane or obscene language or drink intoxicating liquor while carrying passengers. [Ord. 2001-24 (5.04.130)].

5.12.140 Driver’s permit required.

No person may drive or operate any passenger bus without first obtaining a driver’s permit from the city recorder. Each permit shall be valid for the remainder of the year issued expiring on June 30th of such period. [Ord. 2001-24 (5.04.140)].

5.12.150 Driver’s permit identification card.

The driver’s permit shall be in the form of a card which shall bear the signature, photograph and fingerprints of the applicant and expiration date of the permit. A copy of the fingerprints, application and photograph shall be placed on file with the police chief and the driver’s permit card shall be carried on the person of the permittee when he or she operates a passenger bus. The driver shall be responsible for keeping the card in good condition and no driver may have a torn or illegible card. The driver’s permit is not transferable. [Ord. 2001-24 (5.04.150)].

5.12.160 Application blank.

Each applicant for a driver’s permit shall file an application with the police chief which shall be verified under oath and provide the following information:

A. The name, age, sex, weight, height, color of eyes, color of hair of the applicant, his or her residence address and length of the time he or she has resided there;

B. Whether the applicant was ever licensed or issued a permit as a passenger bus driver, and, if so, when, by what city and state and whether such license or permit has been revoked or suspended and, if so, the date of and reason for such revocation or suspension;

C. The name and address of the person by whom the applicant will be employed;

D. The number of times and places the applicant was arrested or convicted or both for traffic violations;

E. The experience of the applicant in driving motor vehicles;

F. Whether the applicant was ever convicted of a felony or a misdemeanor giving particulars of each such conviction;

G. Fingerprints and photograph are to be provided to the police department. The photograph shall be a full view face type and shall be a permanent print made from the negatives;

H. The names of three reputable persons who have known the applicant for one year or more immediately prior to such application. When possible such persons given as reference shall be residents of the city. [Ord. 2001-24 (5.04.160)].

5.12.170 Application fee.

Each applicant for a driver’s permit shall pay to the city recorder a fee of $10.00. A renewal fee at the expiration of each license period shall be paid to the city recorder. A copy of the receipt for fees paid shall be filed with the police chief. [Ord. 2001-24 (5.04.170)].

5.12.180 Consideration of application.

The police chief shall conduct an investigation of each applicant for a passenger bus driver’s permit. A report of such investigation and a copy of the traffic and police record of the applicant shall be attached to the application for the consideration of the city administrator. The police chief, after consideration of the application and the reports and certificate required to be attached thereto, will submit his or her recommendation to the city administrator who shall approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the city council to offer evidence in support of reconsideration of his or her application. [Ord. 2001-24 (5.04.180)].

5.12.190 Eligibility for permit.

No driver’s permit may be issued to:

A. A person under the age of 21 years;

B. A person who has been convicted of a crime involving moral turpitude or narcotics;

C. A person who has been convicted of a crime of driving a vehicle recklessly or driving while suspended within one year immediately preceding application for a permit;

D. A person who has been convicted of driving a vehicle while under the influence of intoxicating liquors or drugs within one year immediately preceding application for a permit;

E. A person not possessing a valid chauffeur’s license issued by the state of Oregon. [Ord. 2001-24 (5.04.190)].

5.12.200 Revocation or refusal of driver’s permits.

A. The city administrator may revoke or refuse to renew a driver’s permit if the driver or applicant since the granting of the permit has:

1. Been convicted of a felony or a crime involving moral turpitude; promoting prostitution; using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics;

2. Been convicted of driving recklessly while under the influence of liquors or drugs;

3. Had his or her state driver’s license or chauffeur’s license revoked or suspended;

4. Left the scene of an accident in which the passenger bus was involved without first identifying himself or herself;

5. Failed to report an accident to the police department within 72 hours of the time of occurrence;

6. Been convicted of a third major traffic violation while operating any passenger bus during any three-year period;

7. Misrepresented any material fact in his or her application for permit;

8. Violated any of the provisions of this chapter.

B. The city council may, after hearing, revoke a driver’s permit if it finds the driver is unfit to operate a passenger bus, or does not operate a passenger bus in the best interests of the public. [Ord. 2001-24 (5.04.200)].

5.12.210 Insurance.

No operator shall use any passenger bus for hire unless it is insured by an insurance company licensed to conduct insurance business in the state of Oregon and insuring such owner or operator for liability for injury to persons for not less than $100,000 to any person and $300,000 in any single accident for injuries to persons and $50,000 for damage to property and arising out of the negligence in the operation of such passenger bus; a certificate of such insurance shall be filed with the recorder. [Ord. 2001-24 (5.04.210)].

5.12.220 Inapplicability to school district and nonprofit bus transportation.

This chapter does not apply to the operation of school passenger buses operated by any school district of the state of Oregon or under contract with such school district, or to bus companies or individuals contracting with schools, or to operators performing charter bus services for students originating or terminating within the city limits. This chapter also extends to nonprofit bus service in the city of Eagle Point. [Ord. 2001-24 (5.04.220)].

5.12.230 Penalty for violations.

Any person violating any of the provisions of this chapter shall be deemed guilty of an unclassified misdemeanor and upon conviction of such violation shall be fined not to exceed $500.00. [Ord. 2001-24 (5.04.230)].

5.12.240 Appeal.

Any person aggrieved at any ruling or act of the recorder, chief of police or city administrator shall have the right of appeal to the city council under such appeal procedures as might be applicable, or if no such procedures are in effect, then such reasonable procedures as the council might specify. [Ord. 2001-24 (5.04.240)].