5-16B-3: INSURANCE REQUIRED:

No certificate of public convenience and necessity shall be issued or continued in operation, unless there is on file with the city recorder a certificate of insurance executed by an insurance company or association authorized to transact business in this state, approved as to form by the city attorney, that there is in full force and effect a comprehensive general liability policy of insurance covering the operation of applicant's business operations with minimum limits of five hundred thousand dollars ($500,000.00) per person in any one occurrence and one million dollars ($1,000,000.00) for two (2) or more persons in any one occurrence for personal injury, and five hundred thousand dollars ($500,000.00) for property damage for any one occurrence. Such policy or policies shall include coverage of all vehicles and horses used or to be used for public transportation for hire, all stables and other buildings and structures occupied or used, and all motor vehicles used in connection with applicant's business. A current certificate of insurance shall be kept on file with the city recorder at all times that a certificate of convenience and necessity is held verifying such continuing coverage and naming the city as an additional insured. The certificate shall contain a statement that the city will be given written notification at least thirty (30) days prior to cancellation or material change in the coverage without reservation of nonliability for failure to so notify the city. Cancellation shall constitute grounds for revocation of the certificate of convenience and necessity issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of cancellation/termination.

(1979 Code § 5.60.030; Ord. 98-54, 8-18-1998; amd. Ord. 2008-52, 10-21-2008)

5-16B-4: ADDITIONAL AUTHORITY BY HOLDERS; APPLICATION:

Upon the filing of an application for a certificate, any present holder of a certificate may apply for additional authority under such certificate for the same or any other number of vehicles for which authority is asked in the application, and such request for additional authority shall be heard in conjunction with the application initially filed.

(1979 Code § 5.60.040; Ord. 98-54, 8-18-1998)

5-16B-5: FEES FOR CERTIFICATE; ADDITIONAL AUTHORITY:

   A.   An application for a certificate of public convenience and necessity or an application for a certificate of additional authority hereunder shall be accompanied by a payment of a fee of one hundred dollars ($100.00), the same to be applied toward payment of the costs of hearings and proceedings on same. If the costs to the city of such hearings and proceedings exceed one hundred dollars ($100.00), the applicant shall reimburse the city for such excess. If the cost is less than one hundred dollars ($100.00), the city shall refund the difference to the applicant after the final conclusion of such hearings and proceedings. Said fee shall be in addition to the fees required to be paid under chapter 1, article B of this title, or its successor.

   B.   No certificate shall be issued or continued in operation unless the holder thereof has paid the annual city business license fees as established in chapter 1, article B of this title for the business and for each vehicle authorized under a certificate of public convenience and necessity, and any other fees or charges established by proper authority and applicable to the holder or to those vehicles under the holder's operation and control.

(1979 Code § 5.60.050; Ord. 98-54, 8-18-1998)

5-16B-6: ISSUANCE; DETERMINATION AUTHORITY:

   A.   Issuance; Content: If the mayor, or the mayor's designee, finds that further public transportation for hire in the city serves the public convenience and necessity and that the applicant is fit financially and willing and able to perform such public transportation and to conform to the provisions of this article, then the city shall issue a certificate stating the name and address of the applicant and the number of vehicles authorized under the certificate.

   B.   Considerations: In making the above findings, the mayor, or the mayor's designee, shall take into consideration the number of vehicles already in operation, whether existing transportation is adequate to meet the public convenience, the probable effect of the issuance on the present carriers, the probable effect of increased service on local traffic conditions, the character, experience and financial responsibility of the applicant, the number, kind and type of equipment, and the ability of the applicant to earn a fair return on the capital invested.

(1979 Code § 5.60.060; Ord. 98-54, 8-18-1998)

5-16B-7: TRANSFER RESTRICTIONS:

No certificate of public convenience and necessity may be sold, assigned, mortgaged, leased or otherwise transferred or encumbered, without the formal consent of the mayor, or the mayor's designee, after a public hearing conducted in accordance with this article.

(1979 Code § 5.60.070; Ord. 98-54, 8-18-1998)

5-16B-8: SUSPENSION AND REVOCATION; CONDITIONS:

   A.   Conditions: A certificate issued under the provisions of this Chapter may be revoked or suspended by the Mayor, or the Mayor's designee, if the holder thereof has:

      1.   Violated any of the provisions of this Title;

      2.   Abandoned operations for more than sixty (60) days;

      3.   Violated any ordinances of the City or the laws of the United States or the State, the violation of which reflects unfavorably on the fitness of the holder to offer public transportation; or

      4.   Become financially irresponsible to a degree that reflects unfavorably upon the holder's ability to offer public transportation.

   B.   Notice; Hearing: Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard by the Mayor, or the Mayor's designee, according to the procedures set forth in Chapter 1, Article C of this Title.

(1979 Code § 5.60.080; Ord. 98-54, 8-18-1998)

5-16B-9: VEHICLES; LIST FILED WITH POLICE DEPARTMENT:

Holders shall at all times have on file with the Police Department an up-to-date list of the vehicles operated under their certificates, which list shall contain the make, type, year of manufacture, serial number and passenger capacity of each vehicle operated under said certificate.

(1979 Code § 5.60.090; Ord. 98-54, 8-18-1998)

ARTICLE C. HORSEDRAWN CARRIAGES

SECTION:

5-16C-1: Definitions

5-16C-2: Number Limitation

5-16C-3: License Required

5-16C-4: Certificate Required

5-16C-5: Application And Qualification Requirements

5-16C-6: Carriage Driver's License Required

5-16C-7: Approval Procedure

5-16C-8: Records Maintained

5-16C-9: Routes Designated

5-16C-10: Rules And Regulations

5-16C-11: Prohibited Acts

5-16C-12: Suspension, Revocation Or Denial