Redlands Municipal Code Ch. 5.32 Motorbuses

"Motorbus" means every automobile or motor driven vehicle by means of which passengers are transported for compensation upon the streets of the city, excepting automobiles for hire and taxicabs. (Prior code § 65000)

It is unlawful for any person, firm or corporation operating any motorbus for the transportation of passengers for hire, to transport or carry any passenger from one place in the city to any other place within the city unless such person, firm or corporation, so operating such motorbus, shall have first obtained a permit to engage in, conduct and carry on the business of, or operate, a motorbus over, along and upon the streets of the city in accordance with the provisions of this chapter. (Prior code § 65100)

No permit shall be issued, save and except upon the filing by the applicant therefor with the city clerk of the city a verified application addressed to the city council of the city setting forth the name, age and place of residence of applicant, and the kind and number of motor vehicle to be used pursuant to such permit, and a statement that the applicant will comply with all the provisions of this chapter. (Prior code § 65101)

The application shall immediately thereafter be presented to the council; and the council may examine the applicant and all persons interested therein; and, if the council shall determine the public interest, convenience and necessity require the issuance of the permit applied for, it may by resolution order the city clerk to issue a permit in accordance with such application, subject to the filing and approval of the undertaking as herein provided. (Prior code § 65102)

Before a permit shall be issued by the city clerk, the applicant shall provide proof of ability to respond in damages as required by chapter 4 of division 7 of the California Vehicle Code. (Ord. 1916 § 11, 1986: prior code § 65103)

This permit is granted upon each and every covenant, condition, restriction and limitation herein contained and shall ever be strictly construed against the licensee. (Prior code § 65600)

Nothing shall pass thereby unless it be granted in plain and unambiguous terms. (Prior code § 65601)

Each of such conditions is a material and essential condition to the granting of this permit. (Prior code § 65602)

Upon failure to correct any infraction of the terms and conditions of the permit, or refusal to comply with any of the conditions thereof, after a thirty (30) day written notice by the council, such legislative body may thereupon declare a breach of the permit, and upon such declaration, such permit and the rights and privileges enjoyed thereunder shall immediately and ipso facto terminate, and the performance bond and hereinafter provided for shall thereupon be forfeited to such city, and all rights and privileges of the licensee pursuant to the provisions of the permit shall thereupon be at an end, and the licensee shall thereupon and immediately surrender all rights nd privileges in and to such permit. (Prior code § 65603)

Licensee shall not sell, lease, assign or transfer any of the rights or privileges herein granted to it, unless such sale, lease, assignment or transfer shall have been approved by the city, by resolution of the council, duly adopted. (Prior code § 65604)

Any purported or attempted sale, lease, assignment or transfer thereof, without such approval by the council shall be void and of no effect, and shall transfer none of the rights or privileges hereby granted. (Prior code § 65605)

In addition to all the powers herein granted or reserved unto the city, the city shall have the following rights:

A. Repeal Of Permit: To repeal the permit, by ordinance at any time for misuse or nonuse, or for failure to comply with the terms prescribed;

B. Closing Of Streets: To temporarily close any or all of the streets, highways, alleys, boulevards, avenues, roads or other public places embraced within the permit for paving or repairing, or laying sewer pipe, gas pipe, or water pipe therein, or for other purposes;

C. Modification Of Equipment, Service: To require proper and adequate additions or modifications of equipment, schedules and service and to require proper and adequate extensions, reroutings of existing routes, and establishment of new routes, and to require maintenance of licensee's plant and equipment at the highest practicable standard of efficiency, all in accordance with the orders of the city council; public hearing and thirty (30) day notice to comply with such orders;

D. Standards Of Service; Discrimination: To establish reasonable standards of service; and to prevent unjust discrimination in service or rates;

E. Other Regulations: To impose such other regulations as may be conducive to the safety, welfare and accommodation of the public. (Prior code § 65606)

No reservation herein contained shall ever be construed as limiting, because not herein specified, any right which the city would have in law to regulate or curtail the operations of licensee if the permit had not been granted. (Prior code § 65607)

The franchise shall not be understood or construed to be exclusive in the rights and privileges granted herein, except that it is the policy of the council that no permit shall be granted upon competitive routes, where the licensee has satisfactorily complied with such permit. (Prior code § 65608)

The filing by the licensee of the performance bond herein provided for shall be deemed to be the acceptance of the permit by such licensee; and by such acceptance such licensee shall become obligated to render service contemplated by the provisions of the permit for the term thereof but subject nevertheless, to all the covenants, conditions, restrictions and limitations elsewhere contained herein. (Prior code § 65609)

The licensee on the permit shall indemnify and save free and harmless the city against and from all damages, judgments, decrees, costs and expenditures which the city may suffer or which may be recovered from or obtained against the city during the term hereof for or by reason of acts done by licensee during such terms or growing out of or resulting from the exercise by such licensee of any or all of the rights and privileges granted by this permit, or any act, or acts of the servants or agents thereof, under or by virtue of the provisions of the permit. (Prior code § 65700)

The licensee hereof, within ten (10) days after the passage of the ordinance codified herein, and as a condition precedent to the exercise of any of the rights herein granted, shall make and execute and deliver unto the city, and shall, at all times during the life of the permit, maintain in full force and effect a good and sufficient cash bond in the principle sum of one hundred dollars ($100.00). (Prior code § 65701)

The cash bond shall be conditioned that licensee shall well and truly observe and faithfully perform each and every term, covenant and condition contained in the permit, which are to be kept and performed by the licensee, and that in the event a breach is made in such conditions of the permit, then and in that event, the whole amount thereof shall be forfeited to the city. (Prior code § 65702)

The licensee may cancel the permit and cease operating the motorbuses by giving thirty (30) days' written notice so to do, to the city; and in that event such cash bond may be withdrawn upon the expiration of such period, provided the licensee has fully and faithfully performed all the terms and conditions of such permit, otherwise such bond or bonds or money shall remain in full force and effect. (Prior code § 65703)

Any person, firm or corporation so engaged in conducting or carrying on the business of transporting passengers for hire as provided under this chapter shall pay to the city a sum of money equal to one and one-fourth percent (1.25%) of the gross receipts that shall be derived from all of the operations of such business within the city. (Prior code § 65300)

Payment of such one and one-fourth percent (1.25%) of the gross receipts shall be made in lawful money of the United States of America and shall be made monthly on or before the twentieth day of the calendar months based or computed on the gross receipts for the preceding calendar month. (Prior code § 65301)

Each payment shall be accompanied by a full, true and correct accounting showing by items all gross receipts of the licensee and the source from which derived during such preceding month. (Prior code § 65302)

All such accounting statements shall be filed in duplicate with the city clerk. (Prior code § 65303)

Such statements shall be verified by a proper officer of the licensee. (Prior code § 65304)

For the purpose of verifying such accounting, the city shall have the privilege of inspecting the books and records of such licensee at any and all reasonable times during office hours, together with such rights of visitation as may be necessary. (Prior code § 65305)

All motorbuses placed or maintained in service shall be neat and attractive in design and passenger accommodation, modern and up to date in all respects, including motive power, of safe construction and reasonably suited to operations contemplated by such permit. (Prior code § 65400)

All equipment shall be subject to the constant inspection by the council or its duly authorized representative, and shall be kept in the highest practicable working order by the licensee at all times. (Prior code § 65401)

All equipment that is now or hereafter shall become unsafe, unserviceable or inadequate, including equipment now being used, shall be retired from regular service upon the order of the city council determining such unsafe condition or such inadequacy or unserviceability. (Prior code § 65402)

The applicant for a permit under this chapter shall submit to the city council his proposed schedule of bus service, the number of buses to be used and the description of the same, and the proposed fares to be charged for passenger service within the city. (Prior code § 65500)

The schedules, equipment and fares and/or rates must be approved by the council before the issuance to applicant of such permit. (Prior code § 65501)

Upon the issuance of a permit to the applicant and his acceptance of the same, such licensee is bound to perform the bus services according to the schedules, equipment, fares and conditions which were submitted by him to the city council and approved by that body. (Prior code § 65502)

The licensee shall operate its motorbuses in accordance with the agreed schedules, providing that such schedules need not be operated if the licensee be prevented from complying therewith by the elements, riots, strikes, court order or by other causes beyond the control of the licensee. (Prior code § 65503)

Such schedules and fares may be altered, waived or changed by the licensee by and with the consent or at the direction of the council. (Prior code § 65504)

All such schedules shall be made known to the public. (Prior code § 65505)

In the event that any street, highway, alley, boulevard, avenue, road or other public place may be closed, or may, for any other reason be impassable, motorbuses may make detours around the portions so closed or impassable using the nearest possible parallel streets or avenues therefor. (Prior code § 65506)

All motorbuses operating under the terms of the permit shall at all times be operated in accordance with the traffic laws of the state, and in accordance with the lawful traffic ordinances of the city. (Prior code § 65507)