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HomeMy WebLinkAbout2681 Bus/Spec Vehicle PermitsORDINANCE NO. ~ e~ AN ORDINANCE AMENDING CHAPTER 6.28 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO TOUR BUSES AND SPECIAL VEHICLE PERMITS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 6.28.020 of the Ashland Municipal Code shall be amended by adding the following definitions: "Commission" shall mean the City of Ashland Traffic Safety Commission. "Director" shall mean the City of Ashland Director of Public Works. "Operation" means any operation, movement or otherwise propelling. "Special vehicle" shall mean a horse-drawn cart or carriage, pedicab, licensed motorized street car or other similar specialized vehicle used to transport passengers. "Tour bus" shall mean a vehicle which is not subject to regulation by the State of Oregon Public Utility Commission, and which has a passenger seating capacity which does not exceed 20, provided, however, a tour bus does not include a vehicle operated for the exclusive use of senior citizens or the disabled. SECTION 2. A new subsection 6.28.035 shall be added to the Ashland Municipal Code and shall read as follows: 6.28.035 Permit Required for Tour Bus or Special Vehicle. No person shall operate any tour bus or special vehicle on any public street in the City of Ashland without possessing, in addition to any license required by any other law, a valid permit authorizing the proposed operation. A permit shall be valid for a period of one year and may be renewed annually by the Commission. A. Authority to Issue Permits. 1. The commission shall have the authority to review and approve or deny requests for tour bus and special vehicle permits. The commission may attach special conditions to any permit and shall have the authority to waive any of the criteria specified in section 6.28.035 for one-time only special vehicle permits for special events. 2. The director shall have the authority to issue a special vehicle permit for non-motorized vehicles a. When such vehicles will be used for weddings or similar events where the passengers are not returned to the point of origin, b. When the route does not require extensive travel along North or East Main Streets, Siskiyou Boulevard, Highway 66 (Ashland Street) or Hersey Street, and c. If the route crosses any street noted in the above subsection, such crossing will not cause substantial conflict with traffic on those streets. B. Application Required. Any person requesting a permit for a tour bus or special vehicle shall complete the application available at the office of the City Administrator. The application shall contain the following information: 1. The name, address and telephone number of the applicant. 2. A description of the vehicle, including seating capacity, colors, murals or thematic devices. 3. The proposed days of the week and hours of operation, and the beginning and ending dates during which the service will be offered. 4. The proposed passenger pick-up and delivery point. 5. A description of where patrons may park their private vehicles (applicable to tour bus only). 6. The rates proposed to be charged to patrons using the service. 7. The proposed route over which the vehicle will operate. 8. The speed the vehicle will travel. C. Criteria for approval. The proposed operation shall 1. Have a clearly defined route that will not create traffic congestion or adversely affect the character or privacy of a residential area. 2. Have proposed pick-up and delivery locations that will not create, or materially contribute to, a parking problem. 3. Have a vehicle speed that will not create traffic congestion or safety problems. 4. Utilize streets of sufficient width, including vision clearance at intersections, so that it will not materially contribute to traffic and pedestrian safety problems. 5. Have a fixed route with passengers picked up only at a specified single point of origin and, except for Lithia Park, passengers shall be returned to that same point. D. Operations Prohibited. Permittees in the operations described in this section shall not: 1. Respond to specific or individual calls for transportation from one point to another in the manner of taxicabs or otherwise perform the services of taxicabs as defined in Section 6.28.020, or 2. Attempt to promote patronage through garish display of colors, sounds, murals or other thematic devices located on the vehicle. E. Signs. Any sign shall not exceed six square feet in area on any one side of the vehicle. For purposes of this subsection, sign means any insignia, identification, description, illustration, symbol, logo, decal or printed or graphic information. F. Sound Amplification. No form of sound amplification intended to be heard outside of the special vehicle or tour bus shall be permitted. G. Liability Insurance Required. Prior to the issuance of a permit, the applicant shall furnish to the City a certificate of liability insurance coverage providing limits of at least $500,000 per occurrence in combined single limit for bodily injury and property damage claims or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The certificate shall provide that the insurance is not cancelable without 30 days prior written notice to the City. The City of Ashland, its officers, employees, and agents shall be named as additional insureds. H. Permit Fee. There shall be no permit fees. If the permit is granted, a regular annual business license fee shall be obtained by the permittee prior to operation of the tour bus or special vehicle. No portion of the business license fee shall be refundable in the event the operation is discontinued for any reason. I. Revocation. Upon any violation of this subsection, a permit may be revoked by the Director of Public Works upon five days written notice, or if the service is discontinued for a period of five days without prior written notification to the Commission. 1. At any time within the five-day notice period, a hearing before the Commission to challenge the revocation may ,be requested by the permittee. 2. The commission may revoke the permit or allow the permittee up to five days from the date of its decision to comply with the provisions specified in the decision. If the permittee fails to comply with the provisions in the decision, the permit shall be revoked as of the last date given by the commission. J. Violation. Each operation of a tour bus or special vehicle in violation of this section is a separate violation, whether the prohibited operations occur within the same day or different days or relate to the same of different tour bus or special vehicle. A violation of any provision of this chapter is an infraction and shall be punished as set forth in section 1.08.020 of the Municipal Code. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 4th day of August, 1992, and duly PASSED and ADOPTED this 18th day of August, 1992. Nan E. ~Franklin City Recorder SIGNED and APPROVED this ~.~i, day of , 1992. Catherine M. Golden Mayor A,pp~/ved as t~ City Attorney (d: \counc i [ \neword. 92\Spc [ - veh. 0 rd)