CHAPTER 21:  TRANSPORTATION
Article 1:  General Transportation Provisions
   21-1.   Definitions
   21-2.   License required
   21-3.   Application
   21-4.   Issuance of license
   21-5.   Inspection, maintenance and equipment
   21-6.   Public transportation driver's permit
   21-7.   Operation of public transportation vehicles
   21-8.   Establishment of routes
   21-9.   Public transportation stops and stands
   21-10.   Cancellation of license
   21-11.   Railroads to improve crossings
   21-12.   Failure to comply
   21-13.   Speed of trains
   21-14.   Railroad warning devices
   21-25.   Penalty
ARTICLE 1:  GENERAL TRANSPORTATION PROVISIONS
§ 21-1  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUS.  Any and all motor driven vehicles operated on a fare basis for each passenger, over a scheduled route, within the corporate city limits of the city for the purpose of transporting the public from a point within the scheduled route to another point within the scheduled route.
   FIXED ROUTE.  A route or designated path in which a vehicle licensed under this chapter shall travel the entirety thereof on each trip the vehicle makes.
   OPEN ROUTE.  A route or designated path in which a vehicle licenses under this chapter shall travel within but not necessarily complete the entire route on each trip the vehicle makes.
   PERSON.  Any person, individual, firm, association, copartnership or corporation.
   RAILROAD.  A permanent road having a line of rails fixed to ties and laid on a roadbed and providing a track for cars or equipment drawn by locomotives or propelled by self-contained motors.
   SCHEDULED ROUTE.  A fixed route in which a bus licensed under this chapter shall travel with a time schedule to be met for a certain location designated as “stops” along the route.
   SIGHTSEEING VEHICLE.  A vehicle, either motor driven or horse drawn, operated on a fare basis for each passenger (over a fixed or open route) within the corporate limits of the city for the purpose of viewing points of interest and/or transportation to and from points of interest.
   STAND.  A designated location on a public street reserved for exclusive usage by public transportation vehicles to receive and discharge passengers or for vehicles and driver to remain while awaiting passengers.
   STREET.  Any and all streets, alleys, avenues, lanes or public places in the city.
   TAXICAB.  Any and all motor vehicles of not less than two doors regularly engaged in the business of transporting or carrying passengers for hire within the corporate limits of the city and not operated on any route.
(`90 Code, § 21-1)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-2  LICENSE REQUIRED.
   It shall be unlawful for any person either acting as owner, principle agent, employee, lessee or licensee, to operate or permit to be operated upon the streets of the city, any taxicab, bus or sightseeing vehicle without first having procured a license therefor from the city, as hereinafter provided.  §§ 21-5(C), 21-5(D), 21-5(F) and 21-6(G) shall not apply to horse drawn carriages and trolleys.
(`90 Code, § 21-2)  (Ord. 2723, passed 8-16-83; Am. Ord. 2904, passed 12-19-89; Am. Ord. 3022, passed 7-15-97)
§ 21-3  APPLICATION FOR LICENSE.
   (A)   A written application for a public transportation license, signed by the applicant or his or her duly authorized agent, shall be filed with the City Clerk on a form to be provided by the code enforcement officer of the city.
   (B)   The applicant shall attach to the application proof of financial responsibility in the following forms:
      (1)   A certificate of any insurance carrier authorized to do business in the state certifying that there is in effect a policy of liability insurance insuring the owner and operator of the business, its agents and employees while in the performance of their duties against loss from any liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person and injury to or destruction of property caused by accident and arising out of the ownership, use or operation of the business, subject to the following minimum limits, exclusive of interest and cost, with respect to each vehicle:
         (a)   $25,000 for one injury or death;
         (b)   $50,000 aggregate for an one accident;
         (c)   $25,000 for property damage in an one accident;
         (d)   $250,000 for one injury or death;
         (e)   $500,000 aggregate for an one accident; and
         (f)   $100 000 for property damage in an one accident.
      (2)   A bond of an insurance carrier duly authorized to do business within the state in an amount equal to the aggregate amount specified in division (B)(1) above.  The bond shall exist in favor of any holder of a final judgment against the licensee for damages, including damages for care and loss of services, because of bodily injury to or death of any person and injury to or destruction of property caused by accident and arising out of the ownership, use or operation of the business after the bond was filed.
   (C)   (1)   When a policy of liability insurance is used to satisfy proof of financial responsibility, the policy shall require the company to furnish 15 days written notice to the City Clerk prior to cancellation. 
      (2)   Further, the policy shall carry an endorsement for actual notice to the city of any changes in coverage, the notice to be furnished to the City Clerk's office.
   (D)   (1)   Except as provided in this section, when the bond of an insurance carrier is used to satisfy proof of financial responsibility, the bond shall be filed, accepted, held and used to satisfy judgments against the licensee in the same manner, and under the same conditions, as required for taxicabs by the laws of the state.
      (2)   The bond shall not be canceled, except upon 15 days written notice to the City Clerk.
   (E)   Any insurance policy or bond required pursuant to this section shall remain in full force and effect during the term of the public transportation license, and if the policy shall be allowed to lapse, is canceled, is exhausted or shall not be renewed for any reason, the City Council may cancel the public transportation license upon notice to the licensee and after opportunity to be heard.
   (F)   The applicant shall attach to the application a vehicle inspection form approved and signed by the code enforcement officer of the city.  Prior to the use and operation of any vehicle under the provisions of this chapter, the vehicle shall be thoroughly examined and inspected by the officer.
(`90 Code, § 21-3)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-4  ISSUANCE OF LICENSE.
   (A)   Upon filing the application for a public transportation license with the attachments provided for above, the matter of the hearing and the application shall be brought before the City Council within a reasonable time thereafter, at which time the applicant shall show by proper proof the necessity, convenience and requirement for the license, and shall furnish satisfactory information and proof that all vehicles proposed to be licensed are in a first class mechanical condition.  If the City Council determines, after review of the application and insurance policy, that the license should be issued, an order shall be entered in the minutes approving the application and insurance policy, and directing the City Clerk to issue the license upon the payment of license fees.
   (B)   The City Clerk shall not issue the license until the applicant shall have paid to the city the appropriate fee set out in the fee schedule at the end of this code of ordinances.
   (C)   Licenses shall be issued on an annual basis only, and shall be due for renewal on the anniversary date of the issuance.  No refund shall be made for any reason.
(`90 Code, § 21-4)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-5  INSPECTION, MAINTENANCE AND EQUIPMENT.
   (A)   (1)   Any vehicle licensed under this chapter shall at all times be available for inspection by any law enforcement officers or city officials for any violation of law or city ordinance.  The license issued by the City Clerk shall at all times while the vehicle is being used or maintained or offered for use to be hired to the public, be kept in a conspicuous place in the vehicle, and shall be subject to inspection.
      (2)   Upon the inspection, if it be found that the vehicle operating under this chapter does not meet the requirements established, the code enforcement officer of the city shall cause the vehicle license to be suspended until the time as the vehicle has been made to comply with the requirements.
   (B)   Vehicles are to be kept clean and the upholstery in good repair.
   (C)   Every vehicle shall be equipped with a frame for the proper display of the owner's fare-rate card.  The card relating to the fare to be charged shall be so placed that it can be plainly seen by the passenger riding in the vehicle.  The type used for the printing of the rates shall be of sufficient size so that it can be clearly read at a distance of five feet.
   (D)   (1)   Every vehicle licensed under the provisions of this chapter shall have plainly painted upon the outside thereof, the name of the owner, the operator or the company, the license number granted by the city and the office telephone number, all of which shall be printed in letters at least two inches in height on each side thereof, and also on the back thereof, if practicable.
      (2)   It shall be unlawful and an offense to permit any vehicle covered by the provisions of this chapter to be operated upon the streets of the city without any lettering or wording of identification as herein provided.
   (E)   When any, vehicle licensed under this chapter has been involved in a reportable accident and if the vehicle is taken out of service, the vehicle shall not be put back into service until repaired.  It is the responsibility of the owner to make necessary repairs before the vehicle is returned to service.
   (F)   The following special equipment shall be required on all horse drawn vehicles:
      (1)   Solid waste bags mounted on harness;
      (2)   Triangular slow moving vehicle insignia affixed to rear of vehicle;
      (3)   If vehicle to be utilized at night, equipped with clear or white sight lamps located on the front of the vehicle and red lamps located on the rear of the vehicle; and
      (4)   Brakes or a braking device.
(`90 Code, § 21-5)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-6  PUBLIC TRANSPORTATION DRIVER'S PERMIT.
   No person shall operate a vehicle for public transportation, as defined by this chapter, within the corporate limits of the city, and no holder of a public transportation business license shall permit it to be so driven unless the driver of the vehicle has first obtained and shall have then in force, a public transportation driver's permit issued under the provisions of this chapter.
   (A)   Application for public transportation driver's permit shall be filed in duplicate with the City Clerk's Office.
   (B)   The City Manager or his or her appointed designee of the city shall cause an investigation to be made of the facts set forth in the application.  The issuance of a license shall not be approved to any person whose general reputation and responsibility or whose previous record as law violator is such as to render the applicant unfit for an occupation.
   (C)   If the applicant is found to be a fit and proper person to operate a public transportation vehicle according to the standards of this chapter, the City Clerk shall, upon payment of a permit fee, issue to the applicant a public transportation driver's permit.
   (D)   The permit shall be valid for a period of one year from the date of issuance thereof, and shall be due for renewal on the anniversary date of the issuance of the permit.  The permit may be renewed by presenting to the City Clerk a renewal application and payment of the permit fee.
   (E)   A driver's permit maybe revoked for any of the following reasons:
      (1)   Upon conviction for a violation of any federal or state law involving moral turpitude;
      (2)   Upon conviction of failure to make full report of an accident to the Police Department within 24 hours of the time of occurrence;
      (3)   Upon conviction of leaving the scene of an accident;
      (4)   Upon conviction of operating a vehicle licensed under this chapter while under the influence of intoxicants or while under the influence of any narcotic drug, or any other drug or substance to a degree which renders him or her incapable of safely operating the vehicle;
      (5)   For obliterating or erasing any official entry on his or her permit;
      (6)   Upon conviction of a third roving traffic violation during one permit year; and
      (7)   Misrepresentation of any material facts by a driver in his or her application for permit.
   (F)   Revocation of permit is supplementary penalty to other penalties provided by law.
   (G)   The permit shall be conspicuously displayed in a manner that the entire card is visible and the only identification card displayed shall be the one belonging to the driver who is on duty at the time. No driver shall operate a public transportation vehicle unless his or her permit is so displayed.
(`90 Code, § 21-6)  (Ord. 2723, passed 8-16-83; Am. Ord. 2904, passed 12-19-89; Am. Ord. 3022, passed 7-15-97)
§ 21-7  OPERATION OF PUBLIC TRANSPORTATION VEHICLES.
   (A)   Individual service shall be accorded the person or persons first employing a taxicab at the rate of fare designated by the rate card posted in the taxicab.  No driver shall permit any other person to occupy or ride in the taxicab unless the person or persons first employing the taxicab shall consent to the acceptance of additional passengers.
   (B)   No vehicle shall receive or discharge passengers while in motion.
   (C)   Drivers shall not receive or discharge passengers in the roadway, but shall pull up to the right hand sidewalk as nearly as possible, or in the absence of a sidewalk, the right-hand side of the road and there receive or discharge passengers.  Passengers may be discharged on either side of a one-way street.
   (D)   Vehicles shall make stops to discharge and take on passengers on the far side of street intersections or in designated loading/unloading areas.
   (E)   No driver shall permit more persons to be carried in a vehicle licensed under this chapter than the rated seating capacity of his or her vehicle as stated in the application for license for the vehicle.  A child in arms shall not be counted as a passenger.
   (F)   No driver shall refuse or neglect to convey any orderly person are persons upon request unless previously engaged or unable or forbidden by the provisions of this chapter to do so.
   (G)   No driver shall receive, charge or collect any fares for transporting passengers within the city greater than the rate posted.
   (H)   No person shall refuse to pay the legal fare of any of the vehicles licensed under this chapter after having hired the vehicle.  No person shall hire any vehicle with the intent to defraud the person from whom it is hired of the value of his or her service.
(`90 Code, § 21-7)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-8  ESTABLISHMENT OF ROUTES.
   (A)   All bus and sightseeing vehicle operators licensed under this chapter shall submit proposed routes to be utilized by licensed vehicles indicating whether the proposal is a fixed route or open route. Routes shall be reviewed to insure the safety of passengers, the safety of other vehicular and pedestrian traffic and to insure that the normal traffic patterns within the city are not adversely affected.  After approval of the proposed routes, the vehicles shall operate only within the approved route.
   (B)   Permanent additions and/or changes in routes must be requested in writing to the Public Transportation Authority which will make a study to determine if the change or addition is appropriate and, if so, will approve the request in writing.
   (C)   Temporary additions to the approved route must be requested in writing to the Public Transportation Authority which will, if approved, issue in writing permission specifying the exact deviation in route, the particular vehicle involved, and the duration of the temporary change.
(`90 Code, § 21-8)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-9  PUBLIC TRANSPORTATION STOPS AND STANDS.
   (A)   The City Council, by motion or resolution, is hereby authorized and required to establish bus stops, bus stands, taxicab stands and sightseeing vehicle stands on public streets in places and in number as is determines to be of the greatest benefit and convenience to the public.
   (B)   Every bus stop, bus stand, taxicab stand and sightseeing vehicle stand shall be designated by appropriate signs.
   (C)   By the same authority, the stops and stands may be changed or discontinued.
(`90 Code, § 21-9)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-10  CANCELLATION OF LICENSE.
   An owner or operators license herein provided for shall be canceled by the City Council for the following reasons:
   (A)   Any false or misleading statements made or caused to be made in the application for or in connection with securing the issuance of the license herein provided for;
   (B)   Employment of any driver not duly licensed as such, as provided for by the state;
   (C)   Violation of the provisions and terms of this chapter or permitting violation; and/or
   (D)   The using or permitting of the use of any profane, obscene or vulgar language over the business telephone or radio of the license.
(`90 Code, § 21-10)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-11  RAILROADS TO IMPROVE CROSSINGS.
   It shall be and is hereby made the duty of each and every railroad company, or the lessees or the operators thereof, whose railroad tracks run into or through the corporate limits of the city, where any track intersects or crosses any highway, street, alley or sidewalk in the city, to grade and plank or construct public highways, streets, alleys and sidewalks at the intersections or crossings in the following manner or equal thereto, to wit:  at the point where the track or tracks intersect or cross any highway, street, alley or side street, the track or tacks shall be made to conform to the established grade of the public highway, street, alley or sidewalk, and shall be securely laid with strong and substantial planks in a manner that the planks extend the entire width of the public highway, street, alley and sidewalk or as far as the track or tracks or track and between the rails thereof; the grading, planking and construction and the repairs thereof to be done and maintained in good condition by the company or companies owning, controlling or operating the railroad, in every case to the satisfaction of the City Manager.
(`90 Code, § 21-11)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-12  FAILURE TO COMPLY.
   For each and every day that any railroad company or the lessees or operators or controllers hereof shall fail, neglect or refuse to comply with the provisions of the foregoing section, they shall be guilty of a separate offense.
(`90 Code, § 21-12)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-13  SPEED OF TRAINS.
   No passenger, freight or other trains operating an rails within the corporate limits of the city shall be operated at a speed in excess of 50 miles per hour at any time.
(`90 Code, § 21-13)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
§ 21-14  RAILROAD WARNING DEVICES.
   At all railroad street grade crossings in the city where the Corporation Commission has not made any greater requirements as to warning devices, a warning device facing oncoming traffic in each direction shall be erected and maintained by the railroad company which operates trains, engines or cars across the crossings.  The warning devices, commonly referred to as “cross back” signs shall be made of wood, metal or concrete with the words “railroad crossing” printed thereon.
(`90 Code, § 21-14)  (Ord. 2723, passed 8-16-83; Am. Ord. 3022, passed 7-15-97)
Cross-reference:
   Arraignment; pleading, see § 12-24