[HISTORY: Adopted by the Common Council of the City of Middletown 1-23-1922 (Ch. 78 of the 1971 Code). Amendments noted where applicable.]
No bus line, stage route nor motor vehicle route line or route, nor any vehicle in connection therewith, nor any vehicle carrying passengers at a rate of fare of $0.15 or less for each passenger within the limits of the City of Middletown, or in competition with another common carrier which is required by law to obtain the consent of the local authorities of said City to operate over its streets, shall be operated wholly or partly upon or along any street, avenue or public place in said City until the owner or owners thereof shall have procured, after public notice and hearing, the consent of the Common Council, acting subject to the power now possessed by the Mayor to veto ordinances, as defined by the Railroad Law, to such operation, upon such terms and conditions as said Council may prescribe, which may include provisions covering the time schedule of operation, description of routes which may at all times be subject to alterations by said Council, rate of speed, parking and safeguarding passengers and other persons using such streets.
The consent referred to shall not be given in any event unless:
The person applying for the same shall, at the time he presents his application, pay to the Treasurer of the City the cost of publishing the notice required by law and the fee hereinafter provided, which shall be considered as compensation for the wear and tear of the pavement of said City and as a fee for the privilege of operation, which fee shall be credited to the street repair fund.
The person applying for the same shall at the time of the presentation of his application agree in writing to operate his line, route, vehicle, etc., for a period of 12 months or upon his failure so to do forfeit to said City the sum of $300, unless such failure to operate is excused by the authorities aforesaid.
The consent referred to shall thereafter be renewed annually upon a compliance with the provisions of this chapter and upon payment of the annual fee as hereinafter provided, to take effect on the second day of January in each year and such consent shall expire on the succeeding second day of January.
[Amended 3-16-1923; 1-7-2008]
The fee that shall be paid to the City of Middletown upon the original application and all renewals thereof shall be $50, payable on or before the second day of January in each and every year to the Treasurer of said City.
The consent as granted shall be of no force or effect unless the person to whom the same shall have been granted shall, within 30 days after such granting, make application to the Public Service Commission of the State of New York or other competent authority for the certificate of convenience and necessity provided for in the Transportation Corporations Law.
The type, character and size of the buses, vehicles, etc., used under the consent aforesaid, shall be subject to the approval of the authorities aforesaid.
If more than one bus, vehicle, etc., shall be put in use by the person to whom said consent shall have been granted, then in that event said person shall pay to said City a like fee of $50 for each of said buses, vehicles, etc., except that in lieu of the fees hereinbefore referred to, any person or corporation operating a motor bus line wholly within the City shall pay to the City 1/2 of 1% of the gross earnings from such operation.
[Amended 12-18-2012 by L.L. No. 2-2012]
No operation of such lines, routes, etc., upon the streets of the City of Middletown, shall be permitted, until the owner or operator shall have executed and delivered a bond to said City in an amount fixed by said authorities and in the form prescribed by the Corporation Counsel with sureties satisfactory to the Treasurer of said City, which bond shall be required to provide adequate security for the prompt payment of any such sum accruing to said City, and the performance of any other obligations under the terms and conditions of said consent, as well as adequate security for the payment by such owner of any damages or judgments recoverable by any person on account of the operation of such route or line or any fault in respect thereto.
The consent so granted shall not be transferable unless the written permission of the authorities aforesaid be first obtained, and it shall be subject to revocation by such authorities.
Upon the failure of such operator or owner to comply with the conditions of his consent the privileges granted to him under such shall cease and the same shall thereupon become inoperative, void and of no effect.
The fee referred to herein shall be subject to change when in the opinion of the Common Council conditions justify the same but it shall neither be increased nor decreased in any year for which a license shall have been granted under this chapter and said consent shall also be subject to such other conditions as the Common Council of the City of Middletown may hereafter impose.
Nothing in this chapter shall be construed as limiting the right of the Common Council to waive any or all of the provisions hereof.