[Added 3-28-2000 by Ord. No. 2000-1]
As used in this article, the following words
shall have the meanings given herein:
Includes any automobile or motor bus, commonly called jitneys,
with a carrying capacity of not more 13 passengers, operated under
borough consent upon a route established wholly within the limits
of the borough, which route does not, in whole or in part, parallel
upon the same street the line of any street railway or traction railway
or any other autobus route.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Includes any street, avenue, park, parkway, highway or other
public place.
A.
No autobus, as defined herein, shall be operated,
wholly or partly, along any street in the borough until the owner
or owners thereof shall obtain the consent of the governing body.
B.
No such consent shall become effective and no such
operation shall be permitted until the owner of such autobus shall
have filed with the chief fiscal officer of the borough an insurance
policy of a company duly licensed to transact business under the insurance
laws of this state in the sum of $10,000 against loss from the liability
imposed by law upon the autobus owner for damages on account of bodily
injury or death suffered by any one person and in the sum of $100,000
on account of bodily injury or death suffered by more than one person
and in the sum of $5,000 against loss on account of property damage
suffered by any person or persons, as a result of an accident occurring
by reason of the ownership, maintenance or use of such autobus upon
the public streets of such borough, and such consent shall continue
effective and such operation be permitted only so long as such insurance
to the full and collectible amount of $10,000 for one person and $100,000
for more than one person for bodily injuries or death and $5,000 for
property damage shall remain in force, during the entire term of the
policy. Such insurance policy shall provide for the payment of any
final judgment recovered by any person on account of the ownership,
maintenance and use of such autobus or any fault in respect thereto
and shall be for the benefit of any person suffering loss, damage
or injury as aforesaid.
C.
A power of attorney shall be executed and delivered
to the chief fiscal officer concurrently with the filing of a policy
hereinbefore referred to, wherein and whereby said owner shall nominate,
constitute and appoint such chief fiscal officer his true and lawful
attorney for the purpose of acknowledging service of any process out
of a court of competent jurisdiction to be served against the insured
by virtue of the indemnity granted under the insurance policy filed.
D.
Any such consent may be revoked by the governing body
after notice and hearing whenever it shall appear that the person
to whom such consent was granted has failed to furnish and keep in
force the insurance and the power of attorney herein required or to
comply with any terms or conditions imposed by the board or body granting
such consent or any law of this state.
A.
Every person, as herein defined, owning and operating
an autobus, as herein defined, shall, on or before the 10th day of
each calendar month, file with the Borough Treasurer a statement,
verified by oath, showing the gross receipts from the business of
said autobus or busses during the preceding calendar month and shall
at the same time pay to the Borough Treasurer 5% of such gross receipts
as a monthly franchise tax for revenue for the use of the borough,
provided that if the route over which such autobus is operated shall
extend beyond the limits of the borough, then such person shall include
in such statement the length of the route over which said autobus
is operated both within and without the borough and shall pay, as
said franchise tax to the Borough, 5% of such proportion of the gross
receipts as the length of the route in the borough bears to the whole
length of such route.
B.
The sum accruing to the borough under this section
when paid shall be in lieu of all other franchise taxes and municipal
license fees.
C.
Any person owning and operating an autobus or busses
neglecting or refusing to make such monthly statement or payment at
the time and as required herein shall thereby forfeit and pay for
such neglect or refusal $100 for each offense, to be recoverable by
action in the name of the borough in any court of competent jurisdiction
and, when collected, paid into the borough treasury.
