[Adopted 7-19-1996 by Ord. No. 309 (Ch.
227, Art. X, of the 1992 Code)]
A.
The Town Council of the Town of Bethany Beach has
determined that, during the summer months, a large and growing number
of persons are being transported into and from the Town to and from
residential subdivisions and developments lying outside the Town limits
by an increasing number of passenger vans or shuttle buses operated
by the developers or homeowners' associations of such communities.
The Town Council has further found and determined that such persons
impose a significant burden on the Town's staff, facilities, infrastructure,
liability exposure and operational costs without contributing to the
Town's payment of those costs through property taxes, parking meter
revenues or otherwise; and further that the picking up and discharge
of such passengers on congested Town streets generates traffic and
pedestrian congestion and enhances the potential risk of personal
injury or damage to property.
B.
It is therefore declared to be the purpose of this
article to require such passenger vans and shuttle buses operating
within the Town limits to obtain licenses from the Town, to pay fees
based upon the number of passengers transported into the Town and
to regulate the places where such shuttle buses may pick up or discharge
passengers.
[Amended 10-15-2010 by Ord. No. 458]
This article shall apply to any passenger van,
minibus, station wagon, limousine or similar means of transportation
(all hereinafter referred to as "shuttle bus") which:
A.
Is owned, operated or provided by any land developer,
homeowners' or condominium association or similar entity.
B.
Is primarily for the use and benefit of persons residing
in (temporarily or permanently) within one or more developments, subdivisions,
condominium regimes or other communities located in whole or in part
outside the municipal limits of the Town served by such shuttle bus
(hereinafter "community").
C.
Routinely transports residents of such communities
into and from the Town of Bethany Beach during the months of June,
July, and/or August, with or without payment of compensation for such
transportation service.
D.
Is not regulated as a public carrier by the Delaware
Transportation Authority.
A.
No shuttle bus shall stop to pick up or discharge
passengers within the Town of Bethany Beach except at the specific
location(s) designated by the Town Manager in writing.
[Amended 3-21-2002 by Ord. No. 368]
B.
No shuttle bus shall remain stopped, paused or parked,
except in a duly designated parking space, to pick up or discharge
passengers for more than five minutes at a stop, nor in such manner
as to impede the free flow of other traffic and vehicles on Town streets.
Any shuttle bus operating within the Town shall
annually apply for and obtain a shuttle bus license from the Town
upon payment of the license fee as herein provided:
A.
The application for a shuttle bus license shall specify:
(1)
The name and location of the community(ies)
to be served by such shuttle bus service.
(2)
The make, model, color, year, Delaware registration
number and seating capacity of the vehicle(s) to be so utilized as
a shuttle bus.
(3)
The proposed schedule for such shuttle bus operation,
including:
[Amended 3-21-2003 by Ord. No. 368]
B.
The license fee for operating a shuttle bus in the
Town shall be as set forth in the Schedule of Town Fees as established
and, from time to time, modified, by resolution of the Town Council.
Whenever a community is located partly within the Town and partly
without, the appropriate license fee shall be reduced in proportion
to the number of dwelling units in that community which are located
within the Town.
[Amended 7-30-2002 by Ord. No. 366]
C.
No license hereunder shall be issued until the Town
Manager shall have approved, in writing, the proposed schedule. The
Town Manager shall have the authority to exercise reasonable discretion
to require modifications to any proposed schedule for reasons pertaining
to the public health, safety, welfare, or convenience. Any applicant
aggrieved by the Town Manager's decision may appeal such decision
to the Town Council for consideration at a duly-noticed public hearing
held on not less than 10 days' published notice.
[Added 3-21-2003 by Ord. No. 368]
[Amended 3-21-2003 by Ord. No. 368]
The Town shall provide each shuttle bus licensed
under this article with a noninterchangeable permit, which permit
shall be prominently displayed by such vehicle while operating within
the Town; provided, however, that the Town Manager may, upon a proper
showing of exceptional circumstances, authorize, in writing, the transfer
of a shuttle bus permit to another shuttle bus.
