[Amended 12-16-1999 by L.L.
No. 2-2000; approved 1-3-2000]
No bus line, stage route nor motor vehicle line 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
Kingston or in competition with another common carrier which is required by
law to obtain the consent of the authorities of said city to operate over
the streets thereof, and no bus line, stage route or motor vehicle line or
route 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 the consent of said City of Kingston to such operation as herein
provided, and until the owner or owners thereof shall have procured a certificate
of public convenience and necessity from the Public Service Commission as
required by said provisions of the Transportation Corporations Law of the
State of New York.
Any person, firm, association of persons or corporation desiring to
establish the business mentioned and defined in and by the preceding section
shall file a written application with the City Clerk directed to the Mayor
and Common Council, showing the streets, public places and route or routes
over and upon which it is intended to operate and the stations or terminals
at which passengers shall be taken on or discharged within the city, together
with a statement containing the operating schedule or headway intended to
be maintained, the number of cars or vehicles intended to be operated and
the seating capacity of each, and the rate or tariff or fares intended to
be charged for such services, and shall also cause the same to be published
at least once in the official papers of the city.
Any person, firm, association of persons or corporation carrying on the business mentioned and defined in §
324-1 hereof, pursuant to the consent of said City of Kingston and a certificate of public convenience and necessity issued by the Public Service Commission, who desires to modify, amend or alter the route or routes or the designation of streets over and upon consent has been granted for such operation, or the terminal at which passengers shall be taken on or discharged within the city, or the schedule or headway intended to be maintained, or the tariff or fares intended to be charged for the services rendered, shall file a written application with the City Clerk directed to the Mayor and Common Council, setting forth: the name and residence of the applicant; the route or the schedule or the fares under which applicant operates, that consent to such operation has been granted by the City of Kingston and by the Public Service Commission by the issuance to the applicant or his predecessor in interest, of a certificate of public convenience and necessity, and the particular modification, amendment or alteration sought by the applicant in the route or the schedule or the fares.
If the application be made to establish the business mentioned and defined in §
324-1 hereof, the City Clerk shall present said application to the Common Council at its next regular or special meeting after the filing thereof with him, and after the filing with him of due proof of publication of the same in the official papers of the city as provided in §
324-2 hereof. The Common Council shall thereupon have a public hearing thereon and may approve, modify and approve as modified or disapprove such application and any and all such routes or terminals within the city. If the application be made to modify, amend or alter the route, schedule or fares, the City Clerk shall present said application to the Common Council at its next regular or special meeting after the filing thereof with him. A public hearing shall thereupon be held before the Common Council or any committee thereof to which such application shall have been referred, and thereafter the Common Council may approve, modify and approve as modified or disapprove such application and any and all such routes or terminals, schedules or fares within the city.
Upon the approval of any such application, or upon its modification
and approval, the resolution of the Common Council in reference thereto and
said application shall be submitted to the Mayor for his approval or disapproval
as provided by the Charter. Upon final approval thereof, the Mayor shall issue
a certificate of consent, certifying that the applicant has received the consent
of the authorities of the City of Kingston to such operation or modification.
The driver of any vehicle regulated by this chapter and §§ 65
and 66 of the Transportation Corporations Law, upon approaching a steam-railroad
crossing within the City of Kingston, shall stop before crossing and look
and listen for approaching trains and shall not start until assured of the
safety of the crossing, and then shall proceed cautiously and carefully with
the vehicle under complete control.
There shall be plainly printed on every vehicle regulated by this chapter
the name of the owner thereof, and where the owner is operating more than
one vehicle, each vehicle shall have plainly printed thereon a number. Numbers
shall commence at one and continue until the last will be the number of vehicles
operated by the person whose name appears on such vehicle.
[Amended 12-16-1999 by L.L.
No. 2-2000; approved 1-3-2000]
Upon filing with the City Clerk of a certified copy of the certificate
of public convenience and necessity issued by the Public Service Commission
to the applicant, in reference to the operation of such bus line or stage
route, and upon producing evidence of the filing of the bond or insurance
policy pursuant to § 370 of the Vehicle and Traffic Law, the Mayor
shall issue a license to the applicant. Every such license shall be in force
for a period of three years from the date of its issuance, unless sooner revoked,
and shall not be transferable without the consent of the Common Council. Each
license shall refer to the date of approval by the Common Council and by the
Mayor and the route and the terminal or terminals within the city and shall
provide that the applicant shall and will obey all the laws of the State of
New York and all local laws and ordinances of the City of Kingston regulating
traffic upon the public streets of said city, and all other ordinances of
the city, and that in case of a violation thereof, or in case of failure of
the applicant to operate his car or vehicle over said route and to stop at
such terminal or terminals as mentioned in said application or as modified
by the Common Council, the Mayor may revoke such license after hearing, of
which the licensee is given due notice. An additional duplicate license shall
be issued for each car or vehicle and conspicuously displayed thereon.
Any person, persons or corporation violating any of the provisions or
sections of this chapter or any part thereof shall be deemed guilty of a misdemeanor.
This chapter shall take effect and be in force from and after its passage,
approval and publication once in each of the official papers of the City of
Kingston according to law.