[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
A detailed description of the proposed route within the
city;
B.
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;
C.
The proposed operating schedule; and
D.
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.
A.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
Each motor bus shall be kept clean and sanitary.
A.
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.
B.
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:
A.
Any permit issued pursuant to this article may be suspended
or revoked by the Commissioners after notice and hearing for:
(1)
Any fraud, misrepresentation or false statement contained
in the application for permit;
(2)
Any violation of this article;
(3)
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;
(4)
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;
(5)
Any violation of the traffic ordinances of the city;
and
(6)
Any violation of state vehicles and traffic laws.
B.
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:
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APPLICATION FOR TAXICAB OPERATING
PERMIT IN REHOBOTH BEACH, DELAWARE
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________________, 19______
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To The Chief of Police
Rehoboth Beach, Delaware
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Sir:
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_________________ hereby make application for ____________ permit to
operate taxicab on and over the streets of the City of Rehoboth Beach, Delaware,
according to the City Ordinance pertaining to taxicabs. I furnish below your
required information therefor:
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Owner's Name
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Owner's Address
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Name of Maker of Cab
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Type or Style of Cab ______________________. Year
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Factory No. ____________________________ . Horsepower
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Seating Capacity ____________________.
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State Motor Vehicle License No. _____________ (for 20__) ______
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Method of Lighting and Heating
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Exits--Number ____________________. Location
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Total Number of Cabs to be Operated by Applicant _______________
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___________________________ (Owner or Owners Sign Here)
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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:
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20____
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Card No.
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Name
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Address
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Date of Approval
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(Applicant NOT to Fill in)
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Proposed By
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Name of Company
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Name of Official
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APPLICATION FOR DRIVER'S IDENTIFICATION CARD
TO OPERATE A TAXICAB IN THE CITY OF
REHOBOTH BEACH, DELAWARE
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____________
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IMPORTANT NOTICE
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The making of any false statement in this application may subject the
offender to the cancellation of his permit. Detection of such false statement
may result in refusal of permit or, if granted, taxicab operating cancellation.
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The following application must be properly filled out in ink in the
applicant's own handwriting and all questions therein answered.
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Chief of Police
Rehoboth Beach, Delaware
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I hereby make application for a Driver's Identification Card to
operate a taxicab in the City of Rehoboth Beach in accordance with your Department's
taxicab regulations:
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What is your full name?
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Where do you live?
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How long have you lived in Rehoboth Beach?
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Where were you born?
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Date of Birth?
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Have you ever been arrested? If not, answer "NO"; if so, give date,
nature of charge and disposition of case:
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Dated:
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Signature of Applicant
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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:
A.
That such vehicle is covered by insurance against public
liability and property damage, in the following minimum amounts:
B.
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;
C.
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
D.
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.
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.
B.
No permit may be transferred from one operator to another
or from one vehicle to another.
A.
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.
B.
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.
C.
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:
A.
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.
B.
The City Manager shall provide appropriate markers and
signs clearly defining such area as reserved for the parking of taxicabs and
jitneys only.
C.
Any authorized taxicab or jitney may be parked in such
area at any time while awaiting call.
D.
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.
A.
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.
B.
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:
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NO PARKING
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TAXI STAND
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BY ORDER OF
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THE COMMISSIONERS
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C.
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.
