(A) Any license to operate a driverless auto-for- hire shall be issued or renewed by the Mayor. No person shall operate any public vehicle, or permit the same to be operated, unless and until the applicant deposits with the Mayor a policy or policies of liability insurance issued by a responsible insurance company, approved as to sufficiency by the Mayor and as to legality by the Village Solicitor, providing indemnity for or protection to the rentee against loss in the amounts provided for in § 112.09, and agreeing to pay within the limits of the amounts fixed in this section to any judgment creditor any final judgment rendered against the rentee by reason of liability of the rentee to pay damages to others except to occupants of the driverless auto-for-hire for bodily injures, including death at any time resulting therefrom, and for damages to or destruction of property sustained during the term of the policy resulting from negligent operation, maintenance, or use of the driverless auto- for-hire. Any person claiming the protection of this section shall, within 30 days after the date of the accident out of which the injury or damage arises, file with the Mayor his or her claim for injury or damages together with a statement setting forth, to the best of his or her knowledge, the day, hour, and place of the accident, the license number of the vehicle at fault, the name and address of the driver, if known, and the names and addresses of witnesses of the accident to the extent the same are known to him or her. When the injured person is by the accident rendered incapable of preparing the claim and statement required herein, the claim and statement may be filed within 30 days after the person is able to prepare the same or, in the case of death resulting from the injury, within 30 days after the date of death.
(B) The policy of insurance required by this section may provide that if a rentee is independently insured against liability, the indemnity herein provided shall not apply except to the extent that the independent insurance shall be inadequate to furnish the protection required by § 112.09.
(C) In lieu of the policy or policies of insurance provided for in this section, the owner may furnish a bond executed by himself or herself as owner, without sureties, approved as to legality by the Village Solicitor, holding and binding the owner to the same liability and subject to the same conditions assumed by an insurer in the case of policies of insurance provided for herein.
(D) It shall be further permissible for the owner to furnish insurance as to damages for personal injuries, including death, and an indemnity bond as to property damages or vice versa.
(E) In lieu of either of the alternatives set forth, the owner may furnish insurance to the extent of not less than one-third of the amounts required by § 112.09 and, in addition, furnish a bond executed by himself or herself as owner for the remainder of the required liability; however, in that event, the insurance policy shall provide that if any liability accrues, the liability shall first be satisfied out of that insurance, and if the insurance is insufficient in amount to cover the total liability, the excess shall be satisfied out of bond executed by the owner.
(F) If the owner of a driverless auto-for-hire is obligated under his or her bond, executed in accordance with the provisions of division (A) above, to pay a judgment recovered against a rentee of such public vehicle and the judgment shall remain unsatisfied for a period of 30 days after it becomes final, the Mayor, on being advised of the fact, shall forthwith revoke the driverless auto-for-hire license or licenses held by that owner.
(G) Every rentee of a driverless auto-for-hire shall designate and constitute the owner as his or her agent to accept service or summons for and on his or her behalf in any action based on negligent operation, maintenance, or use of the vehicle. The owner shall agree to accept summons for and on behalf of the rentee under those circumstances. The provisions of this section shall be embodied in the rental contract and in the policy or insurance or bond filed by the owner with the Mayor.
(1967 Code, § 112.08) (Ord. O-23-42, passed 6-8-1942) Penalty, see § 112.99