The following words and phrases, when used in this article shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.
Wheelchair bus.
Wheelchair bus means any privately or public owned motor vehicle that is especially designed or constructed and equipped which allows wheelchair passengers to be transported from one location to another.
Certificate.
A certificate of public convenience and necessity issued pursuant to this article.
(Ord. No. 76-70, § 3, 12-20-76)
No person shall engage in the business of providing wheelchair bus service or of operating a wheelchair bus upon any public street within the city, without having first obtained a certificate of public convenience and necessity. To do so, in accordance with the provisions hereof and without complying with or having complied with all the provisions of this article and such certificate, shall constitute a violation of this article.
(Ord. No. 76-70, § 3, 12-20-76)
An application for certificate shall be filed with the director of finance upon forms provided by the city, and such application shall be verified and shall furnish the following information:
(a) 
The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company, with the address of each.
(b) 
A company schedule of the fares or rates to be charged.
(c) 
A description of every motor vehicle which the applicant proposes to use, including trade name, motor and serial number, state license number, and the wheelchair bus body style.
(d) 
The distinct color scheme, name, monogram and insignia which shall be used on each wheelchair bus.
(e) 
The name of the regular and registered owner of each such wheelchair bus.
(f) 
The financial status of the applicant, including the amounts of all unpaid judgments against the applicant, and the nature of the transaction or acts giving rise to said judgment.
(g) 
The experience of the applicant in the transportation of passengers.
(h) 
Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate.
(i) 
Such further information as the director of finance may require.
(Ord. No. 76-70, § 3, 12-20-76)
Upon receipt of any such application, the director of finance shall set a time, not less than 10 days or more than 30 days thereafter for the hearing of the application before the city council, and shall give notice of the time so set at least five days before the date of the hearing, to the applicant by mail at the address set out in such application, and to all persons to whom certificates of public convenience and necessity have been heretofore issued.
(Ord. No. 76-70, § 3, 12-20-76)
At the time set for the hearing of the application, the city council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether the public interest, convenience and necessity require the issuance of the certificate applied for, if it is found by the city council that the public interest, convenience and necessity require the issuance of the certificate applied for, it shall, by resolution, order the director of finance to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as hereinafter provided in section 9-264, "Public Liability Insurance," and subject to such conditions as may be imposed by said resolution, including the minimum and maximum number of vehicles that may be used.
(Ord. No. 76-70, § 3, 12-20-76)
Any of the following reasons shall be sufficient for denial of the certificates:
(a) 
That the application is not in the form and does not contain the information required to be contained herein by this chapter.
(b) 
That the vehicles described herein are inadequate or unsafe for the purposes for which they are to be used.
(c) 
That the color scheme, name, monogram or insignia to be used upon such vehicles shall be in conflict with or imitate any color scheme, name, monogram or insignia used by such person in such manner as may be deceiving or tend to deceive or defraud the public.
(d) 
That the applicant has at some prior time had such a certificate rejected for reason.
(e) 
That it shall appear to the city council that there are a sufficient number of wheelchair buses for hire in the city to fully service the public and that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public and that the best interests, demand and necessity do not require the issuance of such permit.
(Ord. No. 76-70, § 3, 12-20-76)
The applicant to whom a certificate shall have been awarded by the city council as aforesaid shall deliver to the director of finance a policy of insurance executed by a company duly authorized under the laws of the State of California to be an insurance business, by the provisions of which policy the said company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of the wheelchair buses referred to in said application, provided that the maximum amount for which liability shall be assumed for injury to or for death of one person in any one accident shall be not less than $300,000, and for injury to or death of more than one person in any one accident shall be not less than $500,000, and the maximum amount for which liability shall be assumed for injury to or destruction of property in any one accident shall be not less than $50,000.
(Ord. No. 76-70, § 3, 12-20-76)
Any certificate or permit granted under the provisions of this chapter may be revoked by the city council, either as a whole or as to any wheelchair bus described therein or as to the right to use any distinctive color, monogram or insignia, after five days notice to the certificate holder requiring him to appear at a certain time and place to show cause why the certificate shall not be revoked for any of the following reasons:
(a) 
That the undertaking provided for in section 9-264 "Public Liability Insurance" has not been given or has been withdrawn or lapsed for nonpayment of the premium, or is not in force for any reason.
(b) 
For the nonpayment of any taxes/fees provided by this Code.
(c) 
Failure to obey any of the rules or regulations or provisions set out in this chapter or in the certificate.
(d) 
For the violation of any of the laws of the State of California or ordinances of the city by any certificate holder, operator or driver of any wheelchair bus covered by such certificate.
(e) 
For failure to maintain satisfactory service to the public by means of any of the wheelchair buses described in the application, or for failure to keep any such wheelchair bus in use for an unreasonable length of time, or for failure to use the distinctive coloring, monogram or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application.
(f) 
For any cause which, in the opinion of the city council, makes it contrary to the public interest, convenience, and necessity for the certificate or permit to be continued.
(Ord. No. 76-70, § 3, 12-20-76)
In the event any certificate holder desires to change his schedule of rates or charges, or the color scheme, or any monogram or insignia used on such wheelchair bus, or to substitute any vehicle for and in place of the vehicle described in the application, or to increase or decrease the number of vehicles used as wheelchair buses, application to the city council shall be made for permission to do so, and the city council shall grant such permission if it deems the public interest, convenience and necessity will be served by the change, and if the certificate holder has compiled with all the provisions in this chapter.
(Ord. No. 76-70, § 3, 12-20-76)
It is unlawful for any person to operate a wheelchair bus:
(1) 
Unless each passenger is secured to wheelchairs by means of a safety belt attached either to the wheelchair or to the wheelchair bus, and the wheelchair in which each passenger is sitting or secured or immobilized in such a manner that it will not move when starting, stopping or turning.
(2) 
Except when the inside of the vehicle is adequately padded with rubber matting or carpeting so as to protect such passenger from striking bare metal or and other dangerous object.
(3) 
Unless the police department approves the padding, matting or carpeting in the passenger compartment of said bus.
(4) 
Unless the passenger in the wheelchair bus shall face forward during the movement of the vehicle.
(5) 
Unless the vehicle is:
(a) 
Maintained in a clean and sanitary condition;
(b) 
Designed and equipped to transport no more than four individuals in wheelchairs;
(c) 
Maintained in first-class mechanical condition and subject to inspection by police department at any time;
(d) 
Identified in such a manner as to clearly indicate that the vehicle is used for wheelchair transportation;
(e) 
Equipped with loading ramp for patients;
(f) 
Equipped with a fire extinguisher of a type to meet the standards set forth by the fire chief;
(g) 
Equipped with a standard first aid kit.
The police department shall have the duty to inspect each vehicle periodically to determine whether or not the safety requirements hereof are being adhered to.
(Ord. No. 76-70, § 3, 12-20-76)
It is unlawful for any person to demand, receive or arrange for compensation for service of a wheelchair bus, in any amount, rate or compensation other than the charges or rates approved by the city council.
(Ord. No. 76-70, § 3, 12-20-76)
It is unlawful for any person to use a wheelchair bus for transportation unless such person is physically handicapped and by virtue thereof requires such transportation.
(Ord. No. 76-70, § 3, 12-20-76)