[Ord. No. 2168, 10-14-2019]
As used in this Chapter, the following terms shall have the
meaning indicated:
BUS
A large motor vehicle, having a long body, equipped with
seats or benches for passengers, usually operating on a schedule and
which meets DOT safety regulations for transporting the general public
and which carries over fifteen (15) passengers.
BUS STOP
A designated place where buses stop for passengers to board
or alight from a Bus.
CITY ORDINANCE
A law enacted by a municipal body, such as a Board of Aldermen.
COMMON CARRIER
A person or entity that is available for hire to transport
people or property in exchange for a fee.
CONTRACT CARRIER
A person or entity that transports people or property from
one (1) place to another under a contract of carriage or as an amenity
of patronage, such as a vehicle owned by a business in Hermann used
exclusively to transport their own customers.
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor as identified in
Mo. Rev. Stat. Chapter 195, which is incorporated herein by reference.
INTOXICATING LIQUOR
Alcohol for beverage purposes, alcoholic, spirituous, vinous,
fermented, malt or other liquors or combination of liquors, a part
of which is spirituous, vinous or fermented and all preparations or
mixes for beverage purposes containing an excess of one-half of one
percent (0.5%) by volume.
OPERATOR
Any person legally driving or operating a Bus or Trolley.
OWNER
Any person who legally owns, rents, controls or has the use
of any Bus, Trolley, business, property, premises, permit, license,
or anything else as specified in this Chapter.
PASSENGER
A person who is allowed to ride on a bus for a fee.
PUBLIC TRANSIT SYSTEM
A Common Carrier which utilizes one (1) or more coach type
Buses or rubber tire Trolleys which meet DOT safety guidelines, proposed
for use in transporting the general public in the City.
TROLLEY
A rubber tire Trolley type Bus used in a Public Transit System
which meets DOT safety regulations for transporting the general public.
[Ord. No. 2168, 10-14-2019]
No person shall engage in, operate or conduct a Public Transit
System within the City without first having secured a license therefor
as provided in this Chapter.
[Ord. No. 2168, 10-14-2019]
A. An applicant for a license to operate a Public Transit System within
the City shall file a written application therefor with the City Clerk.
Every application for a license for a Public Transit System within
the City shall be made at least sixty (60) days prior to the issuance
of the license, unless a renewal which requires an updated copy of
the prior year's submission. The application shall include a
Plan of Operation with the following contents:
1.
Vehicle Type And Number. A list of the number and type of each
Trolley or Bus proposed to be operated within the City. The Public
Transit System Owner will attach descriptive literature, specifications,
photographs and illustrations sufficient to allow the Board of Aldermen
to evaluate the design and appearance of each Trolley or Bus.
2.
Manufacturer's Certification. A manufacturer's certification
for all Trolleys and/or Buses proposed for use including the vehicle
identification numbers or serial numbers, gross weight, maximum passenger
capacity of those certified. This information is usually found on
a Manufacturers Data Plate, a photo of which shall serve to fulfill
the requirements of this Section.
3.
Fares. All fares charged, which shall be set by the owner or
operator.
4.
Inspection Documents. Copies of all State and Federally required
inspection documents and certificates.
5.
Driver's Licenses. Copies of each driver's commercial
(CDL) license issued by the State of Missouri.
6.
Certificates Of Insurance. A copy of a Certificate of Insurance
confirming that the applicant maintains in full force a surety bond
or a policy of public liability and property damage insurance upon
each vehicle for injuries to persons or property in sums of not less
than that required by Missouri law.
7.
Other Information. Such other information which may be required
by the Board of Aldermen to evaluation the applicant's plan of
operation.
[Ord. No. 2168, 10-14-2019]
No license for a Public Transit System shall be issued unless
first approved by the Board of Aldermen.
[Ord. No. 2168, 10-14-2019]
An annual fee of thirty-two dollars and fifty cents ($32.50)
will be charged for a license required by this Chapter.
[Ord. No. 2168, 10-14-2019]
All licenses to operate a Public Transit System shall terminate
twelve (12) months from the date the license is issued.
[Ord. No. 2168, 10-14-2019]
The sale or transfer of a Public Transfer System requires a new license to be issued to the purchasing party. The purchasing party shall submit a license application to the City Clerk as provided in Section
660.030, above.
[Ord. No. 2168, 10-14-2019]
All Owners and Operators of Public Transit Systems shall comply
with all applicable City, State and Federal ordinances and laws.
[Ord. No. 2168, 10-14-2019]
A. Operators To Be Licensed; Obedience To Applicable Laws.
1.
The Operator of every Bus or Trolley must be licensed as a commercial
driver, CDL, under Missouri law.
2.
The Operator of every Bus or Trolley shall abide by all applicable
State laws and City Ordinances when operating the Bus or Trolley,
including, but not limited to the City's entire Traffic Code.
3.
The Operator of every Bus or Trolley shall insure that the passengers
of the Bus or Trolley shall abide by all applicable State laws and
City Ordinances.
4.
No Operator of any Bus or Trolley shall knowingly allow, in
or upon the Bus or Trolley, any improper disturbances, lewdness, immoral
activities, nudity, brawls or any indecent, profane or obscene language.
B. Relocation Of Bus Stops. Each year the City Administrator shall produce
a map of the City showing the location of all Bus Stops. Any request
to move a Bus Stop must be approved by the Board of Aldermen, which
approval shall not be unreasonably withheld.
C. Passenger Pickup And Drop-Off. Buses and Trolleys may make stops
of very short duration in places other than approved Bus and Trolley
stops to let passengers on or off; provided, however, that stops shall
not hinder the flow of traffic or create danger to pedestrians crossing
or attempting to cross the street.
D. Indemnification Of City. The Bus or Trolley Owner shall indemnify
the City and its officers from any liability for injury or damage
arising from any casualty to persons or property due to the negligence,
omission or willful, wrongful act of the Bus or Trolley Owner or Operator.
E. Information To Be Displayed. Every Bus and Trolley shall maintain two (2) signs to be located in the front and rear of the vehicle, not less than eighteen (18) inches by twenty-four (24) inches in size, which shall have plainly printed thereon: "Possession of open containers of alcohol and drinking alcohol while in this vehicle are strictly prohibited. Violators will be prosecuted per Hermann Code Sections
600.370 and 660.090."
F. Use Or Possession Of Intoxicating Liquor Or Controlled Substances
By Owner Or Operator. No Bus or Trolley Owner or Operator, while on
duty, shall have in his or her possession an open container of Intoxicating
Liquor or any Controlled Substances, nor shall he or she drink or
consume such items while on duty.
G. Use Or Possession Of Intoxicating Liquor Or Controlled Substances
By Passengers. A Bus or Trolley Owner or Operator shall make every
reasonable effort to identify and prevent any passenger from having
in his or her possession an open container of Intoxicating Liquor
or any Controlled Substances and bringing or possessing it on board.
The Bus or Trolley Owner or Operator shall refuse to allow anyone
on board who attempts to enter with an open container of any kind
that is not clearly labelled as non-alcoholic.
H. Passengers To Remain Seated. All Bus and Trolley Owners and Operators
shall require passengers to remain seated at all times that the Bus
or Trolley is moving, except those using the ten (10) hand straps
or hand rail, inspected and approved for that purpose by the appropriate
State or Federal authorities. Proof of such approval or inspection
shall be provided if requested.
I. Excessive Noise Prohibited. No Bus or Trolley Owner or Operator shall
allow noise on the Bus or Trolley to be so loud as to prevent him/her
from communicating instructions with the passengers.
J. Passengers To Remain Inside Bus Or Trolley. Bus and Trolley Owners
and Operators shall require all passengers to keep their entire bodies
inside the Bus or Trolley at all times. Passengers shall not be allowed
to ride on railing, porches or running boards unless they have been
inspected and approved for that purpose by the appropriate State or
Federal authorities. Proof of such approval or inspection shall be
provided if requested.
K. Number Of Passengers In Vehicle. There shall not be more passengers
than that recommended by the manufacturer of the vehicle, including
the driver, carried in a vehicle at any one time.
L. Operator Use Of Cell Phones. Operators shall not drive a bus or trolley
while holding and operating a handheld wireless telephone or other
electronic communications device unless the wireless telephone or
device is specifically designed and configured to allow for hands-free
operation and it is used in that manner while driving.
[Ord. No. 2168, 10-14-2019]
A. Any license issued pursuant to this Chapter may be revoked, after
ten (10) days' prior notice, in writing, to the licensee advising
of the prospective revocation and of the right of such licensee to
request within such ten-day period a hearing thereon before the Board
of Aldermen, by order of the Mayor at any time during the term of
such license, in the event of the occurrence of any of the following
circumstances:
1.
Forfeiture or surrender of the licensee's Missouri sales
tax license or exemption therefrom.
2.
The making of any material false statement by the licensee in
the licensee's application for such license.
3.
A substantiated violation of any law or ordinance which regulates
the type of business for which such license has been issued.
[Ord. No. 2168, 10-14-2019]
It shall be unlawful for buses, trollies, fun buses, extended
limousines or extended vans that are engaged as Contract Carriers
to use public street parking spaces except for unloading and loading
persons that they transported to Hermann under contract. When not
unloading or loading passengers, these vehicles must be parked in
the lot provided and so labelled, located at the East side of the
intersection of Gutenberg Street and Fifth Street.
[Ord. No. 2168, 10-14-2019]
It shall be unlawful for any Contract Carrier to act as a Common
Carrier, advertise or make itself available for hire to transport
people within the City of Hermann in exchange for a fee. Any City
licensed Common Carrier may act as a Contract Carrier if a contract
is executed.