Calexico Municipal Code Ch. 5.36 Buses

"Bus" means a motor-propelled passenger-carrying vehicle which is operated at a fixed rate, and is used for the transportation of passengers over and along the public street and over a defined route solely within the limits of the city. A "bus" under this chapter is any motor vehicle designed or modified for carrying more than ten persons including the drivers and not more than thirty-six. A bus shall not be longer than thirty-five feet in length.

(Ord. 1047 § 1, 2007: Ord. 925 § 1, 1992: Ord. 868 § 1, 1985: Ord. 820 § 1, 1982: Ord. 612 § 1 (part), 1967: prior code § 6891)

It is unlawful for any person to engage in the business of operating any buses within the city without first having obtained from the city council a certificate of public convenience and necessity.

(Ord. 612 § 1 (part), 1967: prior code § 6892)

All persons applying for such certificate as required by Section 5.36.020 shall file with the city council a verified application therefore which shall set forth:

A. The name and address of the person making the application;

B. The number of vehicles for which a certificate of public convenience and necessity is desired;

C. The proposed route and area to be covered;

D. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate;

E. Such other pertinent information as the city council or the city manager may require.

(Ord. 612 § 1 (part), 1967: prior code § 6893)

Upon filing the fully completed application for the certificate of public necessity and convenience, the city clerk shall fix the time for a public hearing thereon before the city council for the purpose of determining whether the public convenience and necessity require the proposed bus service.

(Ord. 612 § 1 (part), 1967: prior code § 6893.1)

Notice of the time and place of the public hearing before the city council shall be published once in a newspaper of general circulation in the city not more than ten days nor less than three days before the hearing. The cost of publication shall be at the expense of the applicant.

(Ord. 612 § 1 (part), 1967: prior code § 6893.3)

No certificate shall be granted until the city council declares by resolution after the hearing that the public convenience and necessity require the proposed bus service.

(Ord. 612 § 1 (part), 1967: prior code § 6893.2)

Criteria for convenience and necessity shall consist of the following:

A. A demand by the public for a bus service;

B. The financial responsibility of the applicant;

C. The adequacy of the existing transportation service;

D. The number, make and type of equipment to be used;

E. The effect which bus service applied for may have on traffic congestion and parking, and whether it will result in a hazard to the public.

(Ord. 612 § 1 (part), 1967: prior code § 6893.4)

If the city council declares by resolution the public convenience and necessity requires such bus services as applied for, a certificate to that effect shall be issued to the person entitled thereto.

(Ord. 612 § 1 (part), 1967: prior code § 6893.5)

If the service permitted under this chapter is for any reason discontinued for a period of sixty days, the certificate granted shall be automatically cancelled, and shall be restored only in accordance with the provisions of this chapter.

(Ord. 612 § 1 (part), 1967: prior code § 6893.6)

The city council may at any time revoke or cancel the certificate granted if the owner's record is unsatisfactory, if the owner fails to operate bus service in accordance with the provisions of this chapter and pursuant to any permit granted, or if the owner discontinues or suspends operation for a period of thirty days without permission first had and obtained.

(Ord. 612 § 1 (part), 1967: prior code § 6893.7)

All public buses that operate solely within city limits shall be under the supervision and control of the chief of police. The chief of police shall not permit any bus to operate in the city while the same or any equipment used thereon or therewith is unsafe, defective or unsanitary.

(Ord. 1047 § 2, 2007: Ord. 612 § 1 (part), 1967: prior code § 6894)

Every bus shall at all times be subject to the inspection of any police officer of the city.

(Ord. 612 § 1 (part), 1967: prior code § 6894.1)

It is unlawful for any owner or operator to drive a bus or cause the same to be driven in the city, and no permit for the operation thereof shall be granted, unless and until there is filed with the city clerk, and in full force and effect at all times, a policy of insurance with a solvent and responsible company authorized to do business in the state of California and approved by the city attorney insuring the owner of said bus against loss by reason of injury or damage that may result to persons or property from a negligent operation or defective condition of such bus. Said policy shall be in such a reasonable amount as the city council or the city manager may from time to time designate.

(Ord. 612 § 1 (part), 1967: prior code § 6895)

A copy of the rates to be charged by the operator shall be filed in the office of the city clerk.

(Ord. 612 § 1 (part), 1967: prior code § 6896)

If the owner or permittee at any time desires to change the rate schedule designated in Section 5.36.140, a printed schedule of the proposed rate change shall be filed in the office of the city clerk and in the public motor vehicle in a conspicuous place. Said rate changes shall not become effective until a public hearing has been held before the city council of the city. Notice of said hearing before the city council shall be published in a newspaper of general circulation within the city. Ten-day notice shall be given by publication before said hearing is held. The city council shall determine whether the rate change shall be granted or denied. All rate changes must be authorized by the city council of the city and it shall become effective thirty days after approval by the city council.

(Ord. 778 § 1, 1980: Ord. 612 § 1 (part), 1967: prior code § 6896.1)

Any area to be designated as a bus stop must first be approved by the chief of police of the city.

(Ord. 612 § 1 (part), 1967: prior code § 6897)

The operator shall pay in lieu of a business license tax for the business of running or operating buses on the public streets of the city such amounts as the city council determines by resolution to be a reasonable franchise tax.

(Ord. 624 § 1, 1967: Ord. 612 § 1 (part), 1967: prior code § 6898)

The operators are made to keep specific vehicles to specific routes and the following fines are imposed every time a unit is found operating outside the designated route:

A. First violation, fifty dollar fine;

B. Second violation, two hundred dollar fine; and

C. Third violation, two week suspension of operating permit.

(Ord. 812 § 1, 1981)

Whereas certificates of public convenience are issued by the city pursuant to Chapter 5.36 of this code, a procedure for the issuance of bus driver permits is required.

The city council of the city adopts the provisions contained in Sections 5.80.120 through 5.80.180, inclusive, as the procedures and regulations for the issuance of permits for bus drivers operating buses pursuant to Chapter 5.36 of this code.

(Ord. 819 § 1, 1982)