Alhambra Municipal Code Ch. 5.64 Motor Buses

Section

Cross-reference:

For further provisions concerning bus stands, see Chapter 11.32

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MOTOR BUS. Includes any motor vehicle engaged in the business of carrying passengers for hire, which is announced orally, by sign, device or advertisement, to operate or run, or which is operated or run, over a particular route, or to a particular point, or between particular points, whether one or both points be within the city; or whether the streets of the city are used en route from one point to another, both of which points are without the city, and where stops are made within the corporate limits of the city and passengers are taken on and discharged therefrom, and running on a regular schedule; provided, however, that motor vehicles used exclusively for the transportation of school children and under the direction of any school board or any other public agency, shall not be considered motor buses within the meaning of this section.

STREET. Includes any street, alley, avenue, court, lane or public place in the city.

('86 Code, § 5.64.010) (Ord. 2015, passed - - )

Any person desiring to operate a motor bus within the city must hold a certificate issued by the authority of the city to drive motor vehicles.

('86 Code, § 5.64.020) (Ord. 2015, passed - - ) Penalty, see § 1.12.010

No license to drive or operate any motor bus shall be granted to any person under the age of 21 years.

('86 Code, § 5.64.030) (Ord. 2015, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person:

(A) To drive or operate, or cause to be driven or operated, any motor bus upon or along any street unless there is outstanding a valid license for each such motor bus obtained as in this chapter provided; except, in case a motor bus is disabled another motor bus may be substituted temporarily.

(B) To drive or operate, or cause to be driven or operated, any motor bus while there is attached thereto any trailer, or any other passenger-carrying vehicle; except, in case one motor bus becomes disabled while on a trip and is unable to run under its own power, such disabled motor bus may be towed.

(C) To permit any person to ride on the running board or fenders of any motor bus.

(D) To refuse to carry any person offering himself at any regular stopping point to be carried, and tendering the fare for the same to any regular stopping place on the route, or between the termini thereof, unless at the time of such offer the seats of the motor bus are fully occupied.

(E) To demand and charge a greater fare than that mentioned in the application for a license.

(F) To discontinue the service of any motor bus earlier than the latest run, shown by the schedule set forth in the application for a license.

(G) To drive any motor bus across any main line of a railroad without first bringing the motor bus to a stop.

(H) To stop any motor bus or permit such bus to remain standing upon any street for the purpose of loading or unloading passengers, if the side of the motor bus nearest the curb of such street is more than two feet distance from such curb.

(I) To add to the seating capacity of any motor bus after the license therefor is issued, without permission of the City Council.

(J) To drive any motor bus during the period from one-half hour after sunset to one-half hour before sunrise, unless the side of the body thereof shall be effectually illuminated.

('86 Code, § 5.64.040) (Ord. 2015, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person to allow or cause any motor bus to stand on either side of Main Street, between Chapel Avenue and Raymond Avenue for a longer period than ten minutes.

('86 Code, § 5.64.050) (Ord. 2015, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any owner or driver to drive or operate any motor bus, or cause the same to be driven or operated, and no permit for the operation thereof shall be granted, unless there is on file with the city in full force and effect at all times either:

(A) A bond of the owner of such motor bus, approved by the City Council, with a solvent and responsible surety company authorized to do business in the state, as surety, in the sum of $10,000 conditioned that the owner will pay all loss or damage that may result to persons or property from the negligent operation or defective construction of each motor bus with provision therein that such bond covers any and all busses owned, operated, leased or controlled by the insured, or from violation of the provisions of this chapter or of the laws of the state. Recovery on the bond shall be limited to $5,000 for the injury or death of one person and $10,000 for the injury or death of two or more persons in the same accident, and $500 for injury or destruction of property. Such bond shall run to the city and shall inure by its terms to the benefit of any and all persons suffering loss or damage covered thereby, and shall provide that suit may be brought thereon in any court of competent jurisdiction by any such person. The bond shall provide that there shall be a continuing liability thereon, notwithstanding any recovery thereon. If, at any time, in the judgment of the City Council, the bond is not sufficient for any reason, the City Council may require such owner to replace the bond with a policy of insurance as hereinafter provided, satisfactory to the City Council, and in default thereof may revoke such owner's permit and license; or

(B) A policy of insurance, approved by the City Council in a solvent and responsible company authorized to do an insurance business in the state, insuring the owner of each motor bus with the provision therein that such policy of insurance covers any and all buses owned, operated, leased or controlled by the insured against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such motor bus, or from violation of this chapter or of the laws of the state. The policy may be limited to $5,000 for the injury or death of one person and $10,000 for the injury or death of two or more persons in the same accident, and $500 for injury or destruction of property. The policy of insurance shall guarantee the payment to any and all such persons suffering injury or damage to, person or property, of any final judgment rendered against such owner, within the limits above mentioned, irrespec-tive of the financial condition or any acts or omissions of such owner, and shall inure to the benefit of such person. If at any time, such policy of insurance shall be cancelled by the company issuing the same or the authority of such company to do business in the state shall be revoked, the City Council, shall require the owner to replace such policy with another policy or bond as provided, satisfactory to the City Council, and in default thereof, may revoke such owner's permit and license.

('86 Code, § 5.64.060) (Ord. 2015, passed - - ) Penalty, see § 1.12.010

No person shall operate any motor bus as such upon any street of the city without first applying for and obtaining a license therefor from the City Council as provided in this chapter.

('86 Code, § 5.64.070) (Ord. 2015, passed - - ) Penalty, see § 1.12.010

Application for a license to operate a motor bus shall be made in writing, signed by the applicant, addressed to the City Council and filed with the City Clerk and shall state;

(A) The route proposed to be followed in trans-porting passengers, and the termini of the route.

(B) The fare to be charged for transporting passengers between the termini and intermediate points on the route.

(C) The schedule to be observed, showing the time of departure from the termini according to which it is proposed to operate the motor bus.

(D) Transfer points, if transfers are proposed to be used.

(E) The seating capacity thereof.

(F) The name of the owner or lessee.

('86 Code, § 5.64.080) (Ord. 2015, passed - - )

The City Council shall, without unnecessary delay, cause an investigation to be made of the appli-cation for a license to operate a motor bus, and may grant such application as filed, or as modified or the City Council may deny such application.

('86 Code, § 5.64.090) (Ord. 2015, passed - - )

Upon the granting of the application for a license to operate a motor bus, as filed or modified, and the payment of the license fee fixed in § 5.64.120, the City Treasurer shall issue a license to operate over the route and between the termini and according to the schedule filed by the applicant. The schedule, route and termini may be changed only upon applica-tion to and by order of the City Council.

('86 Code, § 5.64.100) (Ord. 2015, passed - - )

The City Manager shall have power to grant the license mentioned in this chapter to persons who have complied with the provisions of this chapter and any rules and regulations adopted by the Council.

('86 Code, § 5.64.110) (Ord. 1601, passed - - )

The fees for the license required by § 5.64.070 of this code shall be as follows:

(A) For each motor bus capable of seating five or less passengers an amount established by City Council resolution per year payable quarterly in advance.

(B) For each motor bus capable of seating more than five and less than eight passengers an amount established by City Council resolution per year payable quarterly in advance.

(C) For each motor bus capable of seating more than seven and less than 16 passengers an amount established by City Council resolution per year, payable quarterly in advance.

(D) For each motor bus seating more than 16 passengers an amount established by City Council resolution per year, payable quarterly in advance.

('86 Code, § 5.64.120) (Ord. 2015, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

No license required by § 5.64.070 shall be issued for less than three months.

('86 Code, § 5.64.130) (Ord. 2015, passed - - )

Any license issued under this chapter shall be revoked by the City Council for any violation of the provisions of this chapter or for the failure to pay any judgment for damage arising from the unlawful or negligent operation of the motor bus for which the license was issued or for a violation of any traffic ordinance of the city or the laws of the state now in force or hereafter adopted. The City Council in the exercise of a sound and reasonable discretion and when the public interest and safety may require, may revoke any license issued under the provisions of this chapter.

('86 Code, § 5.64.140) (Ord. 2015, passed - - )