[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach as indicated in article histories. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 258.
[Adopted 11-8-1974 as Ch. 13, Art. 1, of the 1974 Code]
As used in this article, the following terms shall have the meanings indicated:
- MOTOR BUS
- Every mechanically propelled vehicle, not operated upon rails or fixed tracks, used for the transportation of persons for hire as a common carrier, either intrastate or interstate, except taxicabs, ambulances, funeral vehicles or motor special or chartered service.
No person shall operate a motor bus upon any street within the city without first obtaining a permit from the Commissioners to do so.
Any person desiring to operate one or more buses upon or along any street within the city shall make application, in writing, addressed to "The Commissioners of Rehoboth, Rehoboth Beach, Delaware," for a permit. The application shall set forth the following facts and figures:
A detailed description of the proposed route within the city;
The number of motor buses proposed to be operated within this city, together with the name, factory number, Delaware Registration number and seating capacity of any or all motor buses proposed to be so operated;
The proposed operating schedule; and
The amount of insurance proposed to be maintained by the applicant against public liability and property damage with respect to each and every motor bus proposed to be so operated, together with the name of the insurance company issuing such insurance and accompanied by the original insurance policy issued by such company against public liability and property damage in compliance with § 250-7, or a certificate of such insurance company that the insurance policy is in force.
In the event any such written applications shall, after due consideration, be approved by the Commissioners, a permit granting to the applicant a limited franchise to operate a motor bus within the city in accordance with the information set forth in such application or in accordance with other or additional terms and conditions as the Commissioners may require, shall issue and remain in force until midnight of December 31 next following the issuance thereof. Such limited franchise or permit shall not be revoked by the Commissioners for any reason and in the manner except as provided for in this article or upon the expiration of such permit.
No motor bus franchise permit or renewal shall be deemed to be in effect nor shall any right or privilege be exercised thereunder until such time as the holder thereof shall have paid to the City Manager, for the use of the Commissioners, a sum of money equal to $1 for each and every motor bus authorized to be operated within the city under such permit or renewal.
Any person desiring to renew any motor bus limited franchise or permit theretofore granted shall file with the Commissioners, in writing, or on or before November 1 next preceding the date of expiration thereof, an application for renewal wherein shall be set forth in detail, any proposed changes with respect to any of the matters required to be included in the applicant's original application, and, unless the Commissioners shall sooner notify the applicant to the contrary, on December 1 next succeeding the application for renewal, a renewal permit of the Commissioners shall issue to the applicant for the ensuing year.
Accompanying the original application, an applicant for any motor bus franchise permit shall file with the Commissioners, and at all times thereafter during which any such permit or renewal shall remain in force, shall maintain a policy of insurance against public liability and property damage, covering the operation of each and every motor bus which is proposed to or shall be operated under such permit or renewal, issued by an insurance company authorized to do business within the state.
The insurance policy shall contain a provision and condition that the insurance company issuing such policy shall notify the Commissioners of its intent to cancel such policy not less than 31 days after such notice shall be received by the Commissioners and that such policy shall be and remain in full force and effect until the expiration of the 31 days.
Each policy shall contain a provision that in case of an execution upon any judgment obtained against the insured in an action to recover damages for injury or death resulting from or damage to property, occasioned by the operation of an insured motor bus within the city shall be returned unsatisfied, an action may be maintained by the person in whose favor such execution shall have been issued, against the insurance company issuing such policy for the amount of the execution, not to exceed the limits of liability contained in the policy.
Each such policy shall contain a provision that the company issuing the policy may be sued upon such policy at any time within the period now or hereafter prescribed by the laws of the state for the bringing of such an action.
Every motor bus operating under a permit issued pursuant to this article shall have the name and address of the person to whom any such permit or renewal shall have been issued, printed on both sides thereof in letters not less than two inches in height.
Before any motor bus franchise permit shall be issued, each motor bus proposed to be or thereafter operated under the authority of any such permit shall, at all times, be constructed and equipped with all necessary safety devices, and maintained in a safe operating condition.
Each motor bus shall have met and passed inspection by the proper authorities of the state and shall have met and passed such standards with respect thereto as the Commissioners shall from time to time require and prescribe.
Each motor bus shall be kept clean and sanitary.
No person to whom a permit shall have been granted, shall operate any motor bus on any street within the city except upon or along the route specified in the permit.
Any such motor bus may, temporarily and with the express consent of the Chief of Police of the city, vary the route whenever it is impossible or impracticable to operate such motor bus over any portion of the route.
Way stations or terminals for all buses operating upon or along any street within the city pursuant to this article shall be fixed and established as follows:
Any permit issued pursuant to this article may be suspended or revoked by the Commissioners after notice and hearing for:
Any fraud, misrepresentation or false statement contained in the application for permit;
Any violation of this article;
Conviction of the permittee of any crime, or a violation of any disorderly person provisions having a reasonable relationship to the purpose and scope of the article;
Conducting the activity permitted under this article in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety, morals or general welfare of the public;
Any violation of the traffic ordinances of the city; and
Any violation of state vehicles and traffic laws.
Notice of hearing for the suspension or revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be by registered mail to the permittee at the last known address, at least five days prior to the date set for the hearing.
[Adopted 11-8-1974 as Ch. 13, Art. 2, of the 1974 Code]
No person shall operate a taxicab or jitney for the purpose of transporting passengers for hire within the city in violation of any state law, this article or any other ordinance of the city now in effect or hereafter adopted or amended.
Each person desiring to operate a taxicab or jitney shall first obtain and maintain in full force and effect a permit from the city.
Any person desiring to obtain a permit to operate a taxicab or jitney shall fill out and submit to the Chief of Police an application which shall read as follows:
Every driver of a taxicab or jitney shall be required to have on his person at all times a card which shall give his name, address, date of approval of his application, and such other information as the Chief of Police shall require.
The following form of application for a driver's identification card shall be required by the Chief of Police before issuing a license to operate in Rehoboth Beach:
Any person desiring to obtain a taxicab or jitney permit must file and thereafter keep and maintain in full force and effect a certificate of an insurance company authorized to do business within the state, certifying:
That such vehicle is covered by insurance against public liability and property damage, in the following minimum amounts:
That the policy of such insurance contain in effect a provision that the issuing company shall notify the City Department of Public Safety of its intent to cancel the policy not less than 30 days after such notice shall have been received by such Department and that the policy shall remain in full force amid effect until the expiration of such period;
That the policy contain in effect a provision, in case execution upon any judgment against the insured in an action of damages arising out of the operation of the vehicle insured is returned unsatisfied, that an action may then be maintained by the person in whose favor such execution issued, his executors, administrators, or assigns, against the insurer for the amount of the execution, not exceeding the limits of liability in the policy contained; and
That the insurer may be sued upon the policy at any time prescribed by the laws of the state within which any such action may be brought.
A permit issued by the city shall authorize the holder thereof to operate the taxicab or jitney therein described for the purpose of transporting passengers for hire within the city in conformity to the laws of the state, this Code and the provisions of all other ordinances of the city applicable thereto now in effect or hereafter amended or adopted, so long as such permit shall remain uncancelled, unrevoked and/or unsuspended, and in full force and effect.
No permit may be transferred from one operator to another or from one vehicle to another.
The City Manager may suspend any taxicab permit for a period not exceeding 30 days, if the holder is convicted of a violation of the provisions of this article or any law or other ordinance mentioned herein.
The Department shall revoke any permit if the holder thereof is found guilty of three violations of any of the provisions of this article or any law or other ordinance mentioned herein within the space of one year.
Any such permit thus revoked may only be renewed by a majority vote of the Commissioners at a regular or special meeting thereof. Any such suspension or revocation shall be in addition to any other penalty hereinafter provided for any such violation.
No taxicab or jitney shall be parked or cruised upon Rehoboth Avenue, between First Street and the Main Boardwalk, except as hereinafter provided:
The Chief of Police shall designate, and may from time to time change, an area adjacent to the north curb of the center island of Rehoboth Avenue in front of Lot No. 25 sufficient in size for the parking of all taxicabs and jitneys for which permits are issued and outstanding.
The City Manager shall provide appropriate markers and signs clearly defining such area as reserved for the parking of taxicabs and jitneys only.
Any authorized taxicab or jitney may be parked in such area at any time while awaiting call.
No taxicab or jitney shall be entitled to be parked in any particular space of such area, and if a given operator of a taxicab or jitney at any given time finds all spaces of such area filled, he may only park the same off Rehoboth Avenue between First Street and the Main Boardwalk until such time as a space becomes available in the area.
The holder of any taxicab permit may petition the Commissioners to establish any exclusive one-space parking stand for any taxicab or jitney operated by him and the Commissioners may grant him permission to establish such a stand along the south side of Rehoboth Avenue. Such permission shall specify with particularity the location of the taxi stand and the length of time the taxi stand shall remain in effect.
If any permission contemplated by Subsection A is granted, it shall not become effective until the applicant shall have paid to the City Manager for the use of the city the sum of $5. Upon receipt of such sum the City Manager shall paint appropriate markings upon the curb and roadbed clearly defining the location and limits of such exclusive stand and the holder of such permission at his own expense shall install a sign at the curb of Rehoboth Avenue in front of the stand, three feet in height from sidewalk level and not more than 18 inches by 24 inches in size, reading:
Any permission to park taxicabs on Rehoboth Avenue shall remain in effect until December 31 of the calendar year during which it was first granted and, unless sooner revoked, may be renewed from year to year by the holder thereof by paying to the City Manager for the use of the city the sum of $5 at any time prior to January 5 of each calendar year thereafter.
Each taxicab or jitney operated for the purpose of transporting passengers for hire within the city shall have displayed on the rear, and right and left side of the vehicle a sign plainly legible for a distance of 200 feet, giving the name of the person, firm or corporation operating the vehicle.
No taxicab or jitney operator whose cab or jitney is standing in a parking area or taxi stand and waiting for business shall refuse to carry any orderly person applying for a taxi or jitney who agrees to pay the proper fare.