[HISTORY: Adopted by the Common Council of
the City of Middletown 1-23-1922 (Ch. 78 of the 1971 Code). Amendments noted where applicable.]
No bus line, stage route nor motor vehicle route
line or route, nor any vehicle in connection therewith, nor any vehicle
carrying passengers at a rate of fare of $0.15 or less for each passenger
within the limits of the City of Middletown, or in competition with
another common carrier which is required by law to obtain the consent
of the local authorities of said City to operate over its streets,
shall be operated wholly or partly upon or along any street, avenue
or public place in said City until the owner or owners thereof shall
have procured, after public notice and hearing, the consent of the
Common Council, acting subject to the power now possessed by the Mayor
to veto ordinances, as defined by the Railroad Law, to such operation,
upon such terms and conditions as said Council may prescribe, which
may include provisions covering the time schedule of operation, description
of routes which may at all times be subject to alterations by said
Council, rate of speed, parking and safeguarding passengers and other
persons using such streets.
The consent referred to shall not be given in
any event unless:
A.
The person applying for the same shall, at the time
he presents his application, pay to the Treasurer of the City the
cost of publishing the notice required by law and the fee hereinafter
provided, which shall be considered as compensation for the wear and
tear of the pavement of said City and as a fee for the privilege of
operation, which fee shall be credited to the street repair fund.
[Amended 1-7-2008]
B.
The person applying for the same shall at the time
of the presentation of his application agree in writing to operate
his line, route, vehicle, etc., for a period of 12 months or upon
his failure so to do forfeit to said City the sum of $300, unless
such failure to operate is excused by the authorities aforesaid.
The consent referred to shall thereafter be
renewed annually upon a compliance with the provisions of this chapter
and upon payment of the annual fee as hereinafter provided, to take
effect on the second day of January in each year and such consent
shall expire on the succeeding second day of January.
[Amended 3-16-1923; 1-7-2008]
The fee that shall be paid to the City of Middletown
upon the original application and all renewals thereof shall be $50,
payable on or before the second day of January in each and every year
to the Treasurer of said City.
The consent as granted shall be of no force
or effect unless the person to whom the same shall have been granted
shall, within 30 days after such granting, make application to the
Public Service Commission of the State of New York or other competent
authority for the certificate of convenience and necessity provided
for in the Transportation Corporations Law.
The type, character and size of the buses, vehicles,
etc., used under the consent aforesaid, shall be subject to the approval
of the authorities aforesaid.
[Amended 12-27-1927]
If more than one bus, vehicle, etc., shall be
put in use by the person to whom said consent shall have been granted,
then in that event said person shall pay to said City a like fee of
$50 for each of said buses, vehicles, etc., except that in lieu of
the fees hereinbefore referred to, any person or corporation operating
a motor bus line wholly within the City shall pay to the City 1/2
of 1% of the gross earnings from such operation.
[Amended 12-18-2012 by L.L. No. 2-2012]
No operation of such lines, routes, etc., upon
the streets of the City of Middletown, shall be permitted, until the
owner or operator shall have executed and delivered a bond to said
City in an amount fixed by said authorities and in the form prescribed
by the Corporation Counsel with sureties satisfactory to the Treasurer
of said City, which bond shall be required to provide adequate security
for the prompt payment of any such sum accruing to said City, and
the performance of any other obligations under the terms and conditions
of said consent, as well as adequate security for the payment by such
owner of any damages or judgments recoverable by any person on account
of the operation of such route or line or any fault in respect thereto.
The consent so granted shall not be transferable
unless the written permission of the authorities aforesaid be first
obtained, and it shall be subject to revocation by such authorities.
Upon the failure of such operator or owner to
comply with the conditions of his consent the privileges granted to
him under such shall cease and the same shall thereupon become inoperative,
void and of no effect.
[Added 3-16-1923]
The fee referred to herein shall be subject
to change when in the opinion of the Common Council conditions justify
the same but it shall neither be increased nor decreased in any year
for which a license shall have been granted under this chapter and
said consent shall also be subject to such other conditions as the
Common Council of the City of Middletown may hereafter impose.
[Added 3-24-1924]
Nothing in this chapter shall be construed as
limiting the right of the Common Council to waive any or all of the
provisions hereof.
