Calexico Municipal Code Ch. 5.37 Courtesy Shuttle Transportation Services

"Courtesy shuttle transportation services" means the providing of vehicular transportation by a duly licensed business entity or concern within the city of Calexico for its own business clientele, and which is operated without payment of any fare or compensation by the passenger and used for the transportation of the business entity or concern's own business clientele over the public streets of the city of Calexico between fixed locations, one of which shall be the business location of the operator of said courtesy shuttle transportation service. The routes shall be established by the city of Calexico for all courtesy shuttle transportation service. These city-approved routes shall be direct nonstop fixed routes, and no passenger boarding and alighting shall be permitted except at the designated pick-up and drop-off locations. The drop-off point must be at the place of business of the operator of the courtesy shuttle transportation service.

(Ord. 871 § 1 (part), 1985)

No person shall engage in the business of operating any courtesy shuttle transportation service vehicle within the city of Calexico without first having obtained an operating permit from the city council of the city of Calexico. A separate permit is required for each courtesy shuttle transportation service vehicle operated. One courtesy shuttle transportation service vehicle shall be permitted per business entity.

(Ord. 871 § 1 (part), 1985)

A. All persons applying to the city council for a permit for the operation of a courtesy shuttle transportation service vehicle shall file with the city manager a sworn application therefor, on forms provided by the city manager, stating as follows:

1. The individual and business name, address and telephone number of the permit applicant;

2. The number of permitted vehicles actually owned and operated by such owner on the date of application, if any;

3. The name and address of all legal and registered owner(s) of the vehicle;

4. The name and address of each person with a financial interest in the business which operates the vehicle;

5. Data sufficient to establish the applicant's financial responsibility;

6. The intended make, type, year of manufacture and passenger seating capacity of the vehicle for which application for permit is made;

7. The proposed pick-up and drop-off locations and whether said locations are on private or public property. If on public property, a formal application for a parking zone or variance must accompany the permit application;

8. Proof that all drivers of the courtesy shuttle transportation service vehicle are properly licensed to drive said vehicle by the California Department of Motor Vehicles;

9. Such other information as the city manager may in his or her discretion require.

B. The applicant shall also submit, with the application, a nonrefundable filing fee in the amount of one hundred fifty dollars, in order to recover the cost of processing such applications.

C. Once the application is deemed complete, the city manager shall transmit the completed application to the planning commission for consideration at their next regularly scheduled meeting.

(Ord. 871 § 1 (part), 1985)

A. Upon receipt by the planning commission of the application for a courtesy shuttle transportation service permit, the planning commission shall hold a noticed hearing, receive and consider evidence, and make a recommendation to the city council on the merits of the permit application. Notice of hearing shall be given to all transportation services operating within the city of Calexico.

B. Criteria for issuance of a courtesy shuttle transportation service permit shall consist of the following:

1. A demonstrated need by the business entity or concern that its business operations require the shuttle services.

2. A showing of the adequacy or inadequacy of the existing transportation services in meeting the transportation needs of the applicant's business;

3. The effect of the applicant's request for a permit on traffic congestion, parking and hazard, if any, to the public;

4. Any other information which is deemed appropriate in rendering a recommendation to the city council.

(Ord. 871 § 1 (part), 1985)

The size of each courtesy shuttle transportation service vehicle shall be a vehicle designed with a passenger seating capacity of not more than twelve passengers including the driver.

(Ord. 871 § 1 (part), 1985)

A. Upon recommendation of the planning commission, the city council may, in its discretion, determine the total number of courtesy shuttle transportation service permits to be granted.

B. Upon recommendation of the planning commission, the city council may approve the permit(s) for any applicant(s) subject to such conditions as the city council may deem advisable or necessary in the public interest. Before a permit may be approved, the applicant shall pay an initial regulatory fee in the amount of one hundred fifty dollars.

C. Permits shall be approved for a period of one year and be renewable annually upon payment of a regulatory fee in the amount of one hundred fifty dollars.

D. No permit shall be approved or renewed for any person who has not fully complied with all of the requirements of this article and all other applicable laws and/or regulations necessary to be complied with before commencement of the operation of the proposed service.

(Ord. 871 § 1 (part), 1985)

A. Before a courtesy shuttle transportation service vehicle is placed in service, the courtesy shuttle transportation service vehicle shall be delivered to a place designated by the city manager for inspection. The city of Calexico shall inspect the courtesy shuttle transportation service vehicle and its equipment to ascertain whether the vehicle complies with the provisions of the California Vehicle Code.

B. Any city of Calexico peace officer, after displaying proper identification, may make reasonable and periodic inspections of any courtesy shuttle transportation service vehicle operating under a courtesy shuttle transportation service permit for the purpose of determining whether the vehicle is in compliance with the provisions of this chapter.

C. Any courtesy shuttle transportation service vehicle which is found, after any such inspection, to be unsafe or in any way unsuitable for courtesy shuttle transportation service may be immediately ordered out of service, and before again being placed in service shall be placed in a safe condition, inspected and approved by the city manager.

(Ord. 871 § 1 (part), 1985)

A. It shall be unlawful to operate a courtesy shuttle transportation services vehicle unless the permit holder establishes and maintains in effect one of the forms of financial responsibility specified in this section.

1. This requirement may be met by maintaining a valid policy of insurance executed and delivered by a company authorized to carry on an insurance business in the state of California, the financial responsibility of which company has been approved by the city manager. The terms of the policy shall provide that the insurance company assumes financial responsibility for injuries to persons or property caused by the operation of the courtesy shuttle transportation service vehicle in an amount determined by the city manager.

B. A valid certificate of insurance issued by the company providing the insurance policy required under paragraph 1 of subsection A of this section shall be filed with and approved by the city manager. This certificate shall provide that the city of Calexico is a named certificate holder. It shall also provide that the insurer will notify the city of any cancellation and that the cancellation notice shall be in writing and shall be sent by registered mail at least thirty days prior to cancellation of the policy. The certificate shall also state:

1. The full name of the insurer;

2. The name and address of the insured;

3. The insurance policy number;

4. The type and limits of coverage;

5. The specific vehicle(s) insured;

6. The effective dates of the certificate; and

7. The certificate issue date.

(Ord. 871 § 1 (part), 1985)

The provisions of this chapter shall not be retroactive and shall not apply to any courtesy shuttle transportation service existing at the time of the adoption of this chapter, except as follows:

1. Kennedy Transit System is allowed to operate its courtesy shuttle transportation system until April 30, 1986. After said date, Kennedy Transit System must comply with all provisions of Chapter 5.37. 2. C.P. Martinez is allowed to operate its courtesy shuttle transportation service until one year after the adoption of Chapter 5.37 for first reading, which is November 6, 1985. After said date, C.P. Martinez must comply with all provisions of Chapter 5.37.

(Ord. 871 § 1 (part), 1985)

Permits may be suspended or revoked by the city manager after a pre-suspension and/or pre-revocation hearing, for the following reasons:

1. The city manager finds the permit holder's past record to be unsatisfactory with respect to satisfying the provisions of this chapter;

2. The permit holder fails to comply with the applicable provisions of this chapter;

3. The drivers of the courtesy shuttle transportation service vehicle or vehicles fail to act in accordance with those provisions of this chapter;

4. The owner shall cease to operate any courtesy shuttle transportation service vehicle for a period of thirty consecutive days.

(Ord. 871 § 1 (part), 1985)

Any violation of this chapter shall be deemed an infraction.

(Ord. 871 § 1 (part), 1985)