[HISTORY: Adopted by the City Council of the City of Lancaster: Art.
I, Article 317 of the Codified Ordinances; Art. II, Article 318 of the Codified
Ordinances. Amendments noted where applicable.]
[Adopted as Article 317 of the Codified Ordinances]
Every person, firm or corporation operating motor-propelled vehicles
of any kind or description, for the purpose of carrying passengers for pay
or hire within the limits of the city, or from points of origin within the
city to points outside of the city limits, but wholly within the limits of
the Commonwealth of Pennsylvania, shall pay to the Department of Public Safety,
for the use of the city, an annual license tax or fee for each motor-propelled
vehicle so operated as follows:
|
Type of Vehicle
|
Fee
|
|---|---|
|
Vehicle capable of carrying seven or fewer passengers
|
$10.00
|
|
Vehicle capable of carrying more than seven passengers
|
$35.00
|
No person, firm or corporation shall run or operate any motor-propelled
vehicle of any kind or description for the purpose of carrying passengers
for pay or hire within the limits of the city or from points within such city
to points outside of the city limits, without first obtaining a license for
such vehicle from the Department of Public Safety.
Such license shall be issued by the Department of Public Safety, upon
application and upon payment of the license tax or fee hereinbefore fixed,
and all licenses issued hereunder shall be in force for one year from June
1 in each year, subject to the right of revocation as hereinafter provided,
and shall expire on June 1 next ensuing.
All such licenses so issued shall state the name or names and residence
or residences of the person or persons to whom they are issued; if issued
to a partnership or association, the names and residences of the persons composing
such partnership or association shall be stated; and if issued to a corporation,
the corporate name and place of incorporation, with the names and residences
of the corporate officers, shall be stated. Such licenses shall also state
the name of the vehicle licensed, the factory number and the state license
number. All licenses shall be numbered and a registry thereof shall be kept
by the Department of Public Safety. The owner or licensee of any vehicle licensed
under the provisions of this article shall be furnished by the city with a
tag bearing the license number of the vehicle and the year for which the license
is paid and shall attach such tag to the vehicle in a conspicuous place. Failure
to do so shall subject the owner or licensee to the penalty hereinafter provided
for a violation of any of the provisions of this article.
The Director of Public Safety is hereby authorized, in his discretion,
to suspend or revoke any license granted hereunder, in the event that the
person holding such license or his agent or employee fails, refuses or neglects
to obey any of the provisions of this article or whenever the Director believes
that the safety of the traveling public demands such suspension or revocation.
Nothing in this article shall apply to any railway nor to any motor-propelled
vehicle engaged exclusively and directly in interstate commerce.
Whoever violates any provision of this article shall be fined $50 for
a first offense, together with the costs of prosecution, and, in default of
payment thereof, shall be imprisoned for not more than 15 days. Whenever any
person has been notified by service of summons in a prosecution or in any
other way that he in committing any violation of this article, each day that
he continues such violation shall constitute a separate offense punishable
by a fine of $200 and, in default of payment thereof, imprisonment for not
more than 30 days.
[Adopted as Article 318 of the Codified Ordinances]
A.
For the purposes of this article, the following words
and phrases are defined in this section, but such definitions shall not be
held to modify or affect in any way the legal interpretation of such words
or phrases where used in other ordinances or codes of the city.
B.
Words used in the present tense include the future; the
singular number includes the plural and the plural the singular; the word
"person" includes a group or organization (corporate or otherwise); the words
"charter or tour bus" includes the words "bus" or "auto bus"; the word "operator"
includes the words "driver or those liable for the operation of and responsibility
for a charter or tour bus"; and the word "used" includes the words "arranged,
designed or intended to be used" for the purposes of interpreting the enforcement
of this article.
C.
CHARTER OR TOUR BUS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
OPERATOR
The following words and phrases shall have the definitions
given in this subsection as follows:
Includes a bus occupied by persons pursuant to a contract, agreement
or arrangement with the owner or his authorized operator for a tour, trip
or visit designated by the operator for a fixed charge per trip, per auto
bus or per mile, which may or may not include meals, entertainment or other
fixed charges and which necessitates additional administrative personnel and/or
expenditures by the city in administering this article.
Nothing herein contained shall be construed to include:
Taxicabs or buses operating upon regular routes and/or within designated
areas of operation which are regulated by the Interstate Commerce Commission.
Charter or tour buses within the city not requiring the services of additional administrative personnel or the expenditure of additional moneys for the enforcement of this article and which utilize only off-street loading-unloading and parking facilities other than those specified in § 287-9A.
Charter or tour buses within the city for the purpose of loading and/or
unloading overnight guests at any hotel, motel, etc., located within the city,
provided that public streets are not used for parking.
Any charter or tour bus owned or sponsored by a school for school functions
or other educational endeavors.
Any charter or tour bus licensed under Article I.
However, this article shall apply to locally based buses where they
are operated as a charter or tour bus as defined above.
The driver of a charter bus, and includes any person, firm, partnership,
corporation, association or agent responsible for the conduct of the operator
of such charter or tour bus.
The regulations as set forth within this article shall apply uniformly
to and regulate any charter or tour bus transporting for a fee passengers
within the city.
A.
Loading-unloading district.
(1)
The following areas are hereby designated as loading-unloading
districts:
(a)
That area situated along the east side of South Queen
Street between Vine and Farnum Streets;
(b)
That area situated along the west side of North Water
Street between West King and West Grant Streets;
(c)
That area situated along the north side of Buchanan Avenue
between College Avenue and Race Avenue for attendance at North Museum only;
and
(d)
Designated parking areas in city parks or other recreational
areas.
(2)
No operator of a charter or tour bus shall park within
the loading-unloading district or on any other street, avenue, boulevard,
public place or portion thereof within the city limits, not specifically designated
as a legal charter or tour bus permitted area.
(3)
No operator of a charter or tour bus shall remain within
the loading-unloading district for a time period exceeding 10 minutes while
it is discharging or receiving passengers of such charter or tour bus.
(4)
No operator of a charter or tour bus shall discharge
or receive passengers within any area of the city not designated as a loading-unloading
district.
B.
Charter or tour bus permitted areas.
(1)
The following areas are hereby designated as charter
or tour bus permitted areas:
(2)
No operator of a charter or tour bus once parked within
the charter or tour bus permitted area shall leave such charter or tour bus
unattended. The operator or his authorized agent shall remain with his parked
charter or tour bus at all times.
C.
Time limitations.
(1)
No charter or tour bus may enter the city including the
designated loading-unloading district and the charter or tour bus permitted
area before 7:00 a.m. prevailing time, and no charter or tour bus may remain
within the city limits after 11:00 p.m. prevailing time.
(2)
Two-hour entrance intervals may be initiated for the
purpose of maintaining an orderly flow of charter or tour buses entering the
city within the above-stipulated times. The number of entrance intervals necessary
for any given day and the allotment of buses for each interval shall be determined
by the Director of Public Safety or his authorized agent.
D.
Administration and duties. The administration of this
article shall be carried out by the Director of Public Safety or his authorized
representative and shall generally consist of the powers and duties herein
described. The Director shall:
(1)
Enforce the penalty provision hereafter contained within
this article, including the maintenance of records thereof.
(2)
Issue special permits from time to time which shall permit
temporary loading-unloading districts and temporary charter or tour bus permitted
areas to be created when the Director or his authorized representative deems
it necessary because of an extreme influx of charter or tour buses into the
city any particular day or days, and to extend the time of stay in the city.
(3)
Review this article from time to time in terms of its
adequacy in attaining the goals and objectives contained within the statement
of intent and make recommendations to the Traffic Commission concerning those
areas where this article is not fulfilling the best interests of the city.
A.
Violation of the provisions of this article or failure
to comply with any of its requirements shall constitute a summary offense.
Whoever violates this article or fails to comply with any of its requirements
shall, upon conviction thereof, be fined $50 for the first offense, together
with the cost of prosecution, and in default of payment thereof shall be imprisoned
for not more than 15 days.
B.
Whenever any person has been notified by service of summons
in a prosecution or in any other way that he is committing any violation of
this article, each day that he continues such violation shall constitute a
separate offense punishable by a fine of $200 and, in default of payment thereof,
shall be imprisoned for not more than 30 days.
