HomeMy WebLinkAboutCommForm.620.09-09-1931 � . . �
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COidli�tISS IOPd FORT� ORDI i1Ai10E TJO.
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A.T1 ORDI?'ydNCE �EFIi1ING A I��OTOR BUS, PROJIDI�JG FOit T� ISSU1�iTC�,' OF
A P:�Ri�2IT Al�TD I�IC:NSE FOR SAME, �:STABI,ISHIiJG A �S�I�TUiJi Ht��'E
OF .�'ARE TiiAT ,"1It1Y BL C�RGED LAACH P�55�'idGER, SPECIFYING
COTdDITIO�dS UTd�ER �JHICE THE SA►�lt; SHAI,I, Bi� OPER.ATED, °1'HE
I�IA.�LYNiVI P'„RC�i1T TO BE PAID TI� CITY, Ar��7 PROVI��T3G A
PENAZTY FOR VIOLATIUIV THER�;OF.
BE IT ORD�Ii�TED BY THL CITY COUi.1CIL u�' 1'r� CITY OF CAPE GIRaR3�U,
- �ISSOURI, AS FOZT.GIWS:
SECTIUN 1. The term "motor bus" as used in this ordinance shall
mean a motor vehiole having a seating capacity of ten or more persons
engaged in conveying or offering to convey passengers, with or without
baggage, for hire in, within or being �ritnin the City of Cape Girardeau,
�is�ouri, without regsrd to time consumed, or distance traveled, and
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when the passen�er has no control of the route traversed when the
charge for carrie.ge is made on a basis of carrying passengers between
any two points alon� a defi.nite route. ;
SECTIUN 2. No motor bus shal carry or offer to carry passengers,
- with or without baggage, for hire, over, upon or along any public
street, boulevard, alley or other publia pl�ce in said City until
application for license for euch motor bus shall have been filed, the
fee therefor paid, and the license obtained, and no such license shall
. be issued until a permit shall have been obtained as herein provided.
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SECTION 3. Application for suc h permit to operate a motor bus
shall be filed with the City Clerk upan form to be furnishe�. by hi�,
and referred to the City Council for consideration and action, and
said City Council shall have authority to grant or refuse said
application.
SECTIQN 4. �dhen said City Council shall authorize sueh permits,
the City Clerk shall, up on payment of the fees hereinafter p rovided �
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for, issue such permit and deliver the same to the applicant, and
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when the issuance of sueh permit shall have been refused by the
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Couneil, the City Clerk shall make a memorandum to that effect upon
the application and return to said applicant the fee previously paid
for said permit.
S:�CTION 5. The City� Council shall not authori ze the issuance
of such permit until the applicant therefor shall file with the City
Clerk a written application showing the name or names, and address
or addresses, of the ov�mer or owners of such motor bus, and if the
o�vner is a corpora.tion, a list showin� the name and a�ddress of each
officer, director and �eneral mana�er of said corporation, the route
over whicri said motor bus is intended to go, and furnish satisfactory
evidence of the technical skill and financial responsibility of the
ovaner and furnish bond or its eouivalent to the City in such form and �
terms as may be provided by said City in the eum of Ten Thousand
(�10,000.00) �ollars to guarantee to the City that all o� the terms,
conditions and provisions in this ordinance, the application, permit,
agreement and bond snall be fully and faithfully carried out b y said
ovdner, officers, agents and employes, and that said City vaill be
proteeted, saved and held harmless from loss or injur� of any kind
growing out of any act or omission of the owner, agents, serva.nts or
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employes.
3ECTION 6. `1'he City Council shall have authority at any and
all times to revoke any or all permits granted under this ordinance
for any reasonable cause, after first having �rantea the owner of
said bus or buses a hearing on the question of whether or not said
permit or permits shall be revoked, said revocation, ho�ever, shall
not take effect until thirty days after the date of such revocation.
SEC�ION 7. An application for s, permit to operate one or more
motor buses along, upan or over any public street, boulevard, alley
or other pu.blic pla.ce in said City or in the im:nediate distriet
already served by another person, persons, company, co-partnership
or corporation, shall not be �ranted unless the Cit�r Council shall,
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after investi�ation, find that one or more additional motor buses
should be used, and after so finding, shall give the person, persons,
co-partnership or corporation holding the p ermit to operate over, upan
or a.lor� such public street, boulevard, alleg or other public place
or in sueh district the right to operate an adaitional bus or buses
in such number as said Council shall have found necessary and on13r
upon the refusal or failure to operate such additioilal bus or buses
within the time fixed by said Council shall the application of such
other applicant be granted.
SECTIUN 8. �rhe application for the license herein reauired shall
be filed with the �ity Clerk upon form fiirnished by said City and
verified by affidavit of the owner or owners or their representative
and shall state the following: t a) �l�he name and address of the owner
of such motor bus; ( b) that such owner or o�,tners desire to obtain a
licenGe from said City to operate a motor bus for the conveys�nce of
passengers, with or v�ithout baggage , over, upon and along the public
streets. boulevards, alleys and other public places in said City;
( c ) if the owner be a corporation, the name and address of its
officers, directors and business manager; ( d) tlze na�e of the manu-
facturer and factory number of the motor bus to be operatecl; ( e) the
State license plate number; 1 f) tha.t the permit has been obtained �rom
said City as required by this ordinance and that the bond herein
required has been filed v�ith said City and approved by its Council.
SECTIO�d 9. Upon the filing of such application and the payment
of the license fee herein provided for, the City Clerk shall assign
to such motor bus a, distinctive number and shall issue to the owner or
ovaners thereof a metal plate v�ith such number thereon and a license
to operate said bus as providec7 by this ordinance.
SE�TIOr1 10. Such license shall bear the number so assigned.
`1'he license shall alsa state whether the motor bus is to be driven or
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operated by the owner or b y �.n employe an d in the event of the loss,
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mutilation or de�struction of such license plate, the oPmer may obtain
from �he license collector, a duplicate thereof upon filin�; an affidavit
sho�vin� that such license plate has been lost, mutilated or destroyed
and the payment of a fee of One (�1.00) dollar therefore
SECTION 11. The aforesaid plate or l�cense sis�.l.� x�ot be used
onor for any vehicle other than the one for which i� shall have been
issued, nor shall any one use or permit to be used an� f alse or
counterfeit plate or license.
SECTION 12. When the said applica�ion shall be filed, the
applic�nt shall pay to the City Clerk of said City the sum of Twenty-
five (�25.00) Dollars a� an annual license ta� for each motor bus to
be operated for the conee�ance of passen�ers upon, alon� or over the
public streets, boulevards, alleys or other public places in said
City, said license tax shall be due and payax�le on the first day of
Februar� of each year ancl shall expire one year thereaf'ter; provided,
that all motor buses licensed as such by the �ity of Cape Girardeau,
shall pay a licens e f�e of Une (�1.0��) Dollar; provided, however, that
the �ity Council may issue one or more pert�its witho�at the p ayment of
a fee or other require�ents.
a.�CTION 13. All persons, co-partnershi�s, companies, corporations, �
clubs or assaciations engaged in the operation of one or more motor
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buses as herein provided, shall pay annually to the (:ity Clerk of said
City, an operatin� tax in addition to the aforesaid license tax, a sum
equal to three per cent of the gross receipts derived from trans-
portation of passengers, by means of said motor bus or buses, said
operat�g tax shall be computed for the fiscal year ending the 31st
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� day oF �anuary, and snall be paid to said City Clerk on or before the
IOth day of February following the fiscal year for which said license
is due. Books and records of said bus company or companies shall be
open to inspection by city at ang time upon request.
� SECTION 14. Each and a11 person or persons, company, co-partner-
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ship, corporation, club or association engaged in the operation of
suc�. motor bus or buses, shall file witii the City Clerk of said City
a full, complete and accurate statement duly signed and verified by
affidavit sho�ring the �ross revenue of said person, persons, c�mpa37�,
ec�-partnarship, corporation, club or association derived fro�n the
transportation of passengers by means of said motor bus or buses
upon, over and aZong the public streets, boulevards, alleys or other
public �laces in said uity, said statement s�:lall be for the f iscal
year ending the 31st day of J�nuarST, and s11a11 be filed with said
City Clerk on or before the lOth day of February, next followin�.
Any person, persons, co-�artnership, company, corporation, club
or association now oioeratin� any such vehicle or motor bus, sha7.1 be
required t� obtain said license immediately after this ordinance shall
take effect and such license shall run until the 37.st day of January,
1932. Al1 licenses issued under this ordinance shall expire on
the 31st day of January followin, the date of their issuance unless
revoked as herein �rovided. lf the application to operate such motor
bus is made durin� that part of �he year prior to the first day of
Ju1y, the full license fee for one year shall be paid, and if after�
the first day of July, one-half of the annual license tax sha11 be
paid.
S�CTION 15. The tax not e�€ceeding three per cent of the gross
income herein required on each motor bus, shall be a taa on the business
of conveying passeng?rs over, upon and along the public street�, boule-
vards, alleys and other public places in said City, and r_othin, herein
contained sha11 be construed as to exempt the owner from p aying to
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sa.id City the t�ix. imnosed as a tax or license fee charged b� said City
in licensing motor vehicles or automobiles to be operated on its
streets or the tax which said Citjl levies on motor veh3.cles or auto-
mobiles as personal propert�, nor shall anvt'rii.ng herein be construed
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to exe�pt the o��aner or driver of a motor vehicle from the qualifications
which said City or the State of i�iissouri may require of persons v�ho
operate motor vehicles or automobiles or motor buses upon publie
streets, boulevards alleys or other places in s�.id City.
SECTION 16. Upon the sale or transfer of a motor bus for which
a license shall have been obtained in aceordance with this ordina,nce,
the vendee shall immediately file v�ith the City Clerk a�n application
to have the license tr�,nsferred from the ven dor to the vendee. Such
application shall state all of the facts required in the original
application and in addition thereto, the rla,me and address of the
vendor and venuse, the nurnber and date of the original license, the
date of such sale or transfer, and it shall be accompanied by the
original license and license plate and a eop y of the bill of sale.
SuQh application shall be verified by affidavit. Upoi� the f ilin; of
sue:� ap�lication and the payunent of Une (�1.00) Dollar, to said City
Clerk, said Clerk s:nall transfer the said license on the records of
his office from the vendor to the vendee and shall issue a new
license plate to the vendee for the unezpired portion of the year.
SECTIOld 17. ��he license herein provided for shall at all times
be posted in the motor bus or vehicle to v�hich it is applied and
within view of the passengers carried therein. The nunber vl�.te
herein provided for shall at all times be conspicuously disp layed
and securely fastened upon the front portion of the vehicle to which
it applies.
SECTION 18. �he rate of fare to be asked, eharged or received
by the o�F�ner, operator or person iri cha�be of an3r such rnotor bus or
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vehicle shall not exceed ten ( 10¢) cents for each �assenger for tne
entire journey or an� part thereof that may be desi�;nated by the
passenger.
SEC�lIUN 19. In every motor bus there shall be posted in a
t conspicuous place a si�n setting for th the rates or char�es authorized ,
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by this ordinance and at the upper portion of said sign shall be the
words, '�aximum charges authorized by ordinanceTM.
SEC'rION 20. In the event that a rate or charge lower than. the
maximum herein authorized shall be m�,de, it sha.11 be the duty of the
o�vn�er, operator or person in ch�,rge of such motor bus before the same
is operated, to clearly inform the passen;ers� what the rate of charge �
is to be and to h�ve the rate o� a si�;n posted in a conspicuous place
in said motor bus or vehicle. The name a.nd address of the driver or
operator of such motor bus shall at all times be kept posted in such
:notor bus or vehicle under the heading, ."1Vame and addrass of ehauffeur",
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unless the vehicle is operated by a corporation, in whieh ca.se the
name and address of said corporation shall appear.
S�CTION 21. No person, perso�ls, co�pany, co-partnership, cor-
poration, club or association owninj or operating or in charge of a
motor bus shall ask or receive any ,sum of money for services in
excess of the rates harein authorized, and no motor bus shall be �
operated, used, rented or let on the basis of mileage or distanee
- traveled.
SEC�rIGN 22. Each motor bus operated as such shall be plairily
ma.rked in such manner as to indicate their character and on every
such motor bus v�hen at the service of the publie there shall l�e a
sign plainl�r visible by day and ni�ht, indicatir� the route tra.versed
and the destination of such motor bus .
S�CTION 23. No motor bus, while waiting for time to depart, shall
stop or stand on ariy public street or place exeept on suc h pl�ce as
shall be designated by the City En�ineer under the direction of the
;
l�a�or and City Council of said City or upon p riva�e stands as may be
established by permit .
SF.CTIOld 24. The Cit� Council of said City may authorize the
City �ngineer of said City to designate such stands or stoppin�
places for motor buses as said City Council may determine, by motion,
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resolution or otherwise.
SECTI011T 25. l�To person shal7, drive or ope�ate a motor bus unless
he or she is competent so to do , �r�d no person shall drive or operate
such motor bus who nas any infirmity of body or mind whic� mi�ht render
him or 'ner unfit for safe oper�tion ttlereof, nor shall any such motor
cus �e driven or operated by any person who is addicted to the use of
' intoxic�tir.g liquors or opium or dru�;s containin� opiates or simil�r
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drugs, or while intoxicated or under the inf�uence o� intoxicatin�
liquor or dru�s of any kind ; :�z:d no per �on shall c�rive or o;�erate
such motor 4us �vno has been convicted o� any felony.
�1�CTIOT? ?6, iill motor buse� operating within said City shall be
kept in a safe, clean, sanitary condlti�n and the rnotor , brakes and ;
other mecr�anism thereof sha11 be kept in �ood tivorisin� order and all
drivers or operators of Quch motor �uses shall 'ae in distinctive uni-
form and s hall be neat and tidy in appearance, and shall be assi�ned a '
nunb�r , vahich shall �e �vorn or displayed in so�ne conspicuc�us place on '
his person, and s:�all treat all p��ssen;er� and ot her people in a E
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courteous rr.anner.
SECTICN 27 . �To • person shall solicit pas.-en�ers othex ti�aii -by the `
si�n to ce posted on said bus as provided �erein ar c; isc'�7=�r�,e or take
on passengers or cross tne tracksof any stearn railroad �vith�ut �rin�T-
� iz�o sGid motor ous to a full stop, or dischar�e or take on passengers
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excrpt at tne ri�ht nand side of said vehicle, provided that if tne
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r driver is seated on t'ne right n:�nd side , then passengers entsxzlz� or �
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leaviii4 t�e seat beside the driver rnay do so on the ieft hand dide; `
or vvilfully or ��vit'nout t'ne consent of tr�e passenoer carxy any passen-
�ex oeyond the point on the route of said motor bus at w'nich t'ne pas-
�en�er nad rery�-a�sted that i1e be per�nitted to leave said rnotor �us , or a
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beyond t!�e destir:atio:� ir:d�c��t�d on the ai;�n displayed on said motor '
bus in �ccordance with this ordinance.
�`�CTI�1`' 23. ?�ot!zir� contained in tnis ordir:ar:ce s:�,�1:i e�.i�r �:e sc�
construed as to exempt �ny person fir�n or corporation or agent , e.nplaye
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o: servant of sa,ne, faro�n the e�fect or operation of any �nd �11 traffic
ordi �ances no�r in foxce und effect in t�e City ef Ca�e Girardeau , rJlis- �
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souri , and such persor, fi'rm, corporation or agent , ernploye or servant ;
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of satne are herebv expressly nade su�ject to suc� traffic ordinances as �'
are now in force and e ffect in said City or w'nic!� rnay heraaftex be en- `�'
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nacted or adopted by the City Council of said City. .�ach :�:�d every
sucn persor. , firm Qr corporation or agent , employe or servant of' same �
,
va.olating ar.ST of the terms and provi;�ions of this ordinance or of any
traffic ordinance of said City or Cape Girardeau, I��l ssouri, shall b e
�uilty oi a misde�l�anor :�nd punished by ;� fine of not to exceed One
Hundred Dollars to be recovered by prosecution in the City Court in
the rnanner provided by 1a�N :,nd the ordinances of the Cit . ,J.�e �-t,-�,,,�, u,,�.�0 �
o�.bl�.%,.Ru,�.:.+ .s�l� � -� u-aC�u%Y, � o�,�, �c.,.y.:�.�;�.,;,� ?r�.: ��,�.:..�...�
SECTICN 29. This Ordlria,t�Ce shall e in force dnd effect from
and after its passahe.
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P��s�d ar.d a��r�roved t�is _�day of f 1931,
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