Chapter 5.40
LOCAL BUS SERVICES
Sections:
5.40.010 Definitions.
5.40.020 Policy to regulate local bus service.
5.40.030 License--Required.
5.40.040 License--Application requirements--Schedules, fares and routes.
5.40.050 License--Fee payment.
5.40.060 Insurance against damage claims required.
5.40.070 License--Cancellation for failure to operate service.
5.40.080 Loading zones.
5.40.090 Right to limit licenses reserved.
5.40.100 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
5.40.010 - Definitions
"Streetcar bus" or "motor bus," as used in this chapter, means and includes any vehicle propelled by internal combustion motor, traveling over a fixed route with determined termini, engaged in the business of picking up, transporting and discharging passengers along the route, and in general furnishing such service as is ordinarily furnished by electrically propelled street cars.
(Ord. 2218 §3, 1933).
5.40.020 - Policy to regulate local bus service
Whereas it is necessary to provide the citizens of the city and persons sojourning therein with means of public transportation, and to procure the continuous operation of such service and to regulate the same in the interests of public safety and welfare, the city commission declares it to be the policy of the city that it exercise supervision and control over and provide for licensing, limiting and regulating of such service upon the public streets of the city.
(Ord. 2218 §1, 1933)
5.40.030 - License –Required
It is unlawful for any person to operate a motor bus or streetcar bus or buses on the streets of the city without first obtaining a license to do so from the city commission, which license shall be issued upon such conditions and subject to such fees and charges as are provided in this chapter; provided, however, that this chapter shall not apply to operations of the Intercity Transit Commission or of any public transportation benefit area.
(Ord. 4224 §6, 1980; Ord. 2218 §3, 1933).
5.40.040 - License –Application requirements –Schedules, fares and routes
Any person, firm or corporation desiring to operate streetcar buses or motor buses upon the streets of the city shall file with the city clerk-treasurer an application for license to do so, setting forth a complete schedule of its proposed operation, which shall show the route or routes to be traveled, frequency of service, and the fares to be charged; provided, that such schedule, fares and the route or routes to be traveled, and the frequency of service may be from time to time amended as may appear necessary to serve properly and satisfactorily the inhabitants of the city with transportation; and provided further, that no schedule of changes in route, frequency of operation or fare shall be effective until the same has been approved by the city commission. Such schedules originally instituted and as changed from time to time shall be determined by reference to considerations of practical, economical service to the public and reasonable return to the operator. The city commission shall have the right from time to time to require such additions to and extensions of service as shall be required to provide adequate service to the public having due regard to required investment, operating costs and reasonably to be expected operating revenues. Any holder of an existing license shall have prior right to license for similar operation on streets connecting with or extending existing routes.
(Ord. 2218 §4, 1933).
5.40.050 - License –Fee payment
Every person, firm or corporation applying for a license to operate under this chapter shall deposit a license fee of ten dollars with the city clerk-treasurer, accompanying the application for a license, which sum shall be returned if a license is not granted; and if a license is granted, shall be deposited in the general fund of the city. The licensee shall thereafter pay to the city an annual license fee in an amount determined by the gross proceeds of operation of the company computed at the rate of one percent. Failure to pay the license fee or to maintain proper schedules and equipment shall be ground for revocation of the license; provided, that reasonable notice and hearing shall be given before any license is revoked. The city shall have reasonable opportunity to inspect accounts of the licensee for the purpose of determination of license fee payable.
(Ord. 2218 §8, 1933).
5.40.060 - Insurance against damage claims required
No person, firm or corporation shall be issued a license or permitted to operate streetcar buses, or motor buses, on the streets of the city without having first provided proper insurance issued by insurance companies approved by the city commission in such amounts and conditioned in all respects to protect the public as to all reasonable claims for damages that may arise on account of injury to person or property through the negligence or wrongful act of the person, firm or corporation operating such motor buses or streetcar buses, its servants or employees.
(Ord. 2218 §5, 1933).
5.40.070 - License –Cancellation for failure to operate service
If a licensee fails for any period of ten days to use or operate its transportation service over any portion of the route for which it holds a license, or which is provided for in its schedule, its license shall be, by such failure to operate, automatically cancelled as to the portions of the route so unused; provided, however, the provisions of this section shall not apply to interruptions to service arising from fire, riot, strikes, weather conditions, acts of God or public enemy, or repairs or construction of streets, making operation impossible, such interruptions, however, to continue no longer than reasonably necessary.
(Ord. 2218 §6, 1933).
5.40.080 - Loading zones
In all cases where licenses have been issued and are in effect for the operation of motor buses or streetcar buses over designated streets within the city, there is hereby set aside an area consisting of thirty-six feet at the curb on the right-hand side of the street at each intersection, before crossing the intersection, which area is designated and set apart for the purpose of loading and discharging passengers from such streetcar buses or motor buses, in which area all parking of motor or other vehicles save streetcar buses or motor buses is prohibited.
(Ord. 2218 §7, 1933).
5.40.090 - Right to limit licenses reserved
The city reserves the right to limit the number of licenses granted under this chapter to such number as seems most consistent with reasonable service to the people of the city. No more than one license shall be granted to use the identical street or routes so closely related, nor shall licenses be granted to separate licensees over streets so related, that the services are identical or unnecessarily competitive.
(Ord. 2218 §9, 1933).
5.40.100 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §10, 2001; Ord. 2218 §11, 1933).