[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]
(a) 
The dates of operation.
(b) 
The times for arrival and departure from the designated pickup/dropoff location(s) within the Town.
(c) 
The number of shuttle buses to be operated on or during such dates and times.
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.
A. 
Any person convicted of violating this section shall pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties, for each violation.
[Amended 8-17-2007 by Ord. No. 430; 5-15-2009 by Ord. No. 448]
B. 
In addition to any civil penalty imposed for violation hereof, the Town shall, upon conviction, revoke the permit(s) of the responsible organization for a period of not less than 10 days nor a period of more than one month.
[Amended 10-15-2010 by Ord. No. 458]