HomeMy WebLinkAbout1666ORDINANCE NO. 1666
AN ORDINANCE REGULATING AND LICENSING THE OPERATION OF
MOTOR BUSES TRANSPORTING PASSENGERS FOR HIRE WITHIN THE CITY OF
SAN BERNARDINO, AND FIXING THE PENALTY FOR ITS VIOJ~TION.
THE MAYOR AND CON~ON COUNCIL OF THE CITY OF SAN BER-
Np~DINO DO ORDAIN AS FOLLOWS:
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Section 1: DEFINITIONS. vVhenever the following terms
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are used herein they are intended to mean as follows:
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CITY, the City of ban Bernardino, a municipal corpor-
CITY CLERK, the duly qualified and acting City Clerk
of the City of 0an ~ernardino.
CITY COUNCIL, the City Council of the City of San Ber-
nardino as it now is, or may hereafter be constituted.
CITY ATTORNEY, the duly elected, qualified and acting
Gity Attorney.
MAYOR, the duly elected, q,ualified and acting Mayor of
the City of San Bernardino.
STREETS, all streets, lanes, alleys, courts, ways and
other public places as they now exist or may hereafter be es-
tablished within the corporate limits of the City of San Ber-
nardino.
MOTOR BUS shall mean every automobile or motor driven
vehicle by means of which passengers are transported for com-
pensation upon the streets of the City of San Bernardino except-
ing automobiles for hire and taxi cabs as defined in Ordinance
No. 1454 of the City of San Bernardino.
Section 2: It shall be unlawful for any person, firm
or corporation, operating any motor bus for the transportation of
passengers for hire, to transport or carry any passenger from
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one place in the City of San Bernardino to any other place within
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the City of San Bernardino unless such person, firm or cOl'por-
ation, so operating such Jctor bus, shall have first obtained a
formit to engage in, conduct and carryon the business of, or
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operate, a llotor bus over, along and upon the streets of the City
of San Bernardino in accordance with the [Jrovisions of this 01'-
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dinance.
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bection 3: No permit shall be issued, save and except
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upon the filing by the applicant therefor with the City Clerk of
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the City of San ~ernardino a verified application addressed to the
Mayor and Comrr,on Council of said City setting forth the name, age
and place of residence of
applicant, and the kind and number of I
pursuant to such permit, and a statement,
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n;otor vehicles to be used
that the applicant will comply with all the provisions of this
Ordinance. That said a;>plication shall immediately thereafter be
presented to the Mayor and Corr~on Council and said Mayor and Commo
Council may examine the applicant and all persons interested therein
and if said Mayor and Common Council shall determine the public
interest, convenience and necessity re~uire the issuance of the
permit applied for, it may by rtesolution order the City Clerk to
issue a permit in accordance vlith said application, subject to the
filing and approval of the undertaking as herein provided.
Section 4: Before a permit shall be issued by the City
Clerk the applicant to ~hom a permit shall have been awarded,
pursuant to said application as aforesaid, shall deliver to the
Mayor and Co~~on Uouncil an insurance policy or an undertaking
executed by a surety company duly authorized under the laws of
the State of California to execute surety bonds, by the pro-
visions of ~hich the applicant, and said insurance company or
said surety company, promise to pay in full all claims for
damages to persons or property resulting from the operation of
said motor bus or motor vehicles referred to in said application;
provided that the maximum amount for which liability shall be
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assumed for injury to one person or the death of one person in
one accident shall be J!'ive Thousand vollars ($5,000.00), and
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including One Thousand uollars ($1,000.00); and covering all personil
injury and death regardless of the number of persons up to and in- i
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property damage to anyone person in anyone accident up to and
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cluding Twenty-five Thousand Dollars ($25,000.00) for anyone ao-
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cident and property damage regardless of the number of persons,
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up to and including Five Thousand Dollars ($5,000.00) for anyone
9 accident. All oontracts, policies and bonds shall be drawn so as
10 to be a direot obligation against the insurer, and the sureties
lll/and inures to the benefit of any person killed, injured or damaged
121 in his property by reason of operation under this franohise so
13 that such rerson may maintain his action in his own name, or in
14 case of his death by his personal representatives, heirs, executors
15 or administrators, in the event that any judgment in favor of such
16 person be not paid within thirty ()O) days after the same shall
17 have beoome final.
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Section 5: It shall be unlawful to operate, or permit
19j the operation of any motor bus unless an undertaking covering lia-
20 bility occasioned by the operation thereof, as aforesaid, shall
21 then be in full force and effect and on file in the office of the
22 0ity vlerk of said City in accordance with the provisions hereof.
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Section 6: Any person, firm or corporation so engaged
24 in conduoting or carrying on the business of transporting pas-
25 sengers for hire, as provided under this Ordinance, Shall pay to
26 the vity of oan ~ernardino a sum of money eaual to 1.25% of the
27 gross receipts that shall be derived from all of the operations
28 of said business within the City of San Bernardino, including
29 receipts from advertising except a rental on equipment leased or
301 used by or to other companies. Payment of said 1.25% of said gross
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31 receipts shall be made in lawful money of the United States of
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America and shall be made monthly on or before the 25th day of
the calendar months based or computed on the gross receipts for
the preceding calendar month. Each payment shall be accompanied
by a full, true and correct accounting showing by it ems all gross
receipts of the licensee and the source from which derived during
said preceding month, and if any exemption or deduction be
claimed by reason of the foregoing exception, the same shall be
shown by items and in full detail with a fully explanatory state-
ment. All such accounting statements shall be filed in triplicate
with the City Clerk, and with such person, board or commission as
from time to time may be designated by the Mayor and COlliIT10n
l,;ounoilj such statement shall be verified by a proper offioer of
bhe licensee. For the purpose of' verifying suoh acoounting the
City of San Bernardino shall have the privilege of inspeoting the
books and reoords of suoh lioensee at any and all reasonable times
during office hours, together with suoh rights of visitation as
may be provided elsewhere in this Ordinance.
Section 6: EQUIPMENT. All motor buses plaoed or main-
tained in service shall be neat and attractive in design and
passenger aocommodation, modern and up to date in all respeots,
including motive power, of safe oonstruction and reasonably suited
to operations contemplated by said permit. All busses newly
introduced into service, except those now in operation, shall be
new and unused and no used and second hand busses shall be brought
into service, except those now in operation, without special per-
mission of the Mayor and Cownon Council.
Seotion 7: All equipment shall be subject to the consta t
inspection by said Mayor and COIDlllon Councilor its duly authorized
representative, and shall be kept in the highest practioable work-
ing order by the licensee at all times. All equipment that is
now or hereafter shall become unsafe, unserviceable or inadequate,
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1 including equipment now being used, shall be retired from regular i
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2 servioe upon the order of the Mayor and Common Council determiningl
3 such unsafe condition or such inadequacy or unserviceability; and
4 thereafter such equipment may be used only by special permission
5 of the Mayor and Common Oouncil, but in no event shall any such
6 equipment be used which has ;lreviously been determined by the
7 Mayor and Common Council to be unsafe. The amount of equipment
8 and the nU1nber of busses, giving due consideration to their in-
9 dividual seating capaoity, shall at all times be reasonably suf-
10, ficient to provide for all traffic offered and to maintain the
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121 ticable standard of efficiency. Additional ~ew busses shall be
131 added, from time to time, as may be reasonably necessary at the
14 discretion, and upon order of said Mayor and Common Council.
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Section 8: There is hereby reserved in the City the
16 right at any time to acquire all or any portion of the property
17 of the licensee by condemnation proceedings or by any other lawful
18 mode. The price to be paid by the City in any case for the
19' property to be' acquired by it fro:!! the licensee by purchase, con-
20 demnation or otherwise, shall exclude and not take into con-
21 sideration any vulue of the permit hereby granted and any renewal,
22 extension or amendment thereof.
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Section 9: UNIFORI~S. The drivers of all motor busses,
24 after their periods of probation, which period shall not be longer
25 than thirty (3ol days from the date of their employment, while
26 operating the same as carriers of passengers, shall be in uniform.
27 0uch uniforms shall be neat and in accordance with the design and
28 style approved by the Mayor and COllilllon Council of the City of
29 San Bernardino.
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Section 10: TFUU~SFERS. The Licensee shall issue and
31 receive from every connecting passenger transportation line for
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hire within the City of San Bernardino, now existing or hereafter
put into operation, transfers good for pas8age within the City
limits of the City of San Bernardino in the same general direc-
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tion over the lines of said Licensee, and such other connecting
transportation lines, upon the order of and under such terms and
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conditions as the Mayor and Common Council of the City of San
Bernardino hereafter, from time to time by Resolution, establish
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or impose; provided, that the basis of settlement shall be that
each carrier shall redeem its transfer by ;mying to the other an
amount, per transfer, e~ual to fifty (50) per cent of the estab-
lished cash fare of the line issuing the transfer within the zone
in which the transfer point is located.
In addition to the foregoing, the Licensee of this per-
mit shall issue and receive valid transfers, or tickets without
charge, fee or fare additional to the base fare, good for con-
tinuous passage over the lines of Licensee within the limits of
the City of San Bernardino, under such rules and regulations as
may, from time to time, be made by the Licensee with the approval
19' of the Mayor and Comraon Council. All such rules and regulations
20 shall be in writing, or printed, and filed in the office of said
21 Mayor and Comruon Council.
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Section 11: The base fare, exclusive of school tickets,
23 one way, over any of the routes herein specifically described,
24 and any and all extensions, alterations, amendments and re-
25 routings and additions thereto between any two points within the
26 limits of the City of San Bernardino shall be five cents (5~);
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such fare, round trip, over any of such routes, shall be ten
cents (10~). Children under five (5) years of age shall be
transported free of charge. Special ticket rates and special
ticket rates for school children may be adopted under such
regulations as are approved from time to time by the Mayor and
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I Common Council. That said Licensee shall issue no passes or sell
2 any tickets at reduced fares other than as herein specifically
3 provided; nor shall said Licensee transport any other persons,
4 other than its officers or employees, without payment of the
5 prescribed fare or without presentation of proper credentials
6 approved by the Mayor and Common Council. Said Licensee agrees
7 that it will give free transportation for policemen, firemen,
8 mail carriers and any other city employees or city officials
9 designated by the Mayor and Common Council while on duty or coming
10 on or going off duty upon the iJresentation of~roper credentials.
11 Section 12: LIC~,SEE NOT TO SEEK FARE INCRFASE. License
12 shall not make or file, nor permit to be made or filed in its be-
13 half, any application to the Railroad COllJmission of the State of
14 California, nor to any other regulatory body of like jurisdiction,
15 nor to any court of this State nor of the United States of
16 America, whereby permission or authority shall be requested to
17 increase the fares herein in oection 11 of this Ordinance provided,
18 unless written permission of the City shall be first obtained,
19' which permission shall be evidenced by Resolution of the Mayor and
20 Common Council duly adopted; nor shall Licensee do any act
21 designed to divest City of any or all of the regulatory authority
22 reserved to it by this permit, or which it now or may hereafter
23 have in laiv. In the event Licensee shall seek such fare increase
24 in violation or contravention of this section, then, and in that
25 event, this permit may, at the election of the Mayor and Corl]J11on
26 Council, evidenced by Resolution thereof, declare a breach of the
27 permit, and upon such declaration, said permit and the rights and
28 privileges enjoyed thereunder shall immediately and ipso facto
29 tenuinate, and the performance bond as hereinafter provided for in
30 bection 30 shall thereupon be forfeited to said City, and all
31 rights and privileges of the City .Jursuant to the provisions of
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this permit shall thereupon be at an end and said Licensee shall
thereupon and iI:h'11ediately surrender all rights and privileges in
and to said permit without benefit of the sixty (60) day period
to cure such breach as provided in Section j 0 hereof.
Section 13: SCHEDULES. From and after the commencement
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of operations under this permit, the Licensee hereof shall operate
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its motor busses every day, over the whole length of each of its
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routes, except as may be herein otherwise specifically provided,
at sufficiently frequent intervals and at such hours as may be
necessary to reasonably accomnodate the traffic offered, in ac-
cordance with regulations of Licensee made from time to time and
filed in the office of the Mayor and Common Council and which
regulations shall be subject to the approval of said Mayor and
~ornnon Gouncil by order thereof; provided, however, that such
schedules shall not be operated if said Licensee be prevented from
complying therewith by the elements, riots, strikes, court orders,
or other causes beyond the control of said Licensee; and provided,
further, that such schedules may be altered, waived, or changed
by said Licensee by and with the consent, or at the direction, of
the Mayor and Comrnon Council. All schedules under which said
motor busses shall be operated shall be approved by order of the
l~ayor and Common Council before being placed in effect, and all
such schedules shall be in writing, or printed, and filed in the
24 office of said Mayor and Common Council. All schedules shall be
25 made known to the public, in accordance with the reasonable orders
26 of the Mayor and COillQon Council issued from time to time. Until
27 modified or changed with the approval, or at the direction of the
28 Mayor and Comraon Council, the schedules shall be the same as shall
29 be in effect at the effective date of this permit. All such
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presently operating schedules
as shall
be,
shall
not have been approved by
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said Mayor and Common Council
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, ~T~Sai Ii M&J"e1' IiRi! Celll!l1eR Celm<Jil Dfiall lHl"~ b~"n s@ filed and
approved prior to the effective date of this permit.
Section 14: ROUTE AND OPERATION DESIGNATIONS. There
shall be displayed on the front of every motor bus operated for
the carriage of passengers under this permit, Signs in letters
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not less than two and one-half (2~) inches in height, indicating
the route, or line, over which such motor bus is being operated.
~here shall also be displayed in the operator's compartment of
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every motor bus operated under the terms of this franchise, in
full view of passengers, a plate containing the name of Licensee
as the operating company, and also containing the name of the
operator of said bus. The size of such plate, as well as the 10-
cation thereof, and the lettering thereon, shall be such as to
make it readily readable by any person entering or leaving said
bus.
Section 15: USE OF TOBACCO. Operators of motor busses
hereunder shall not use tobacco in any form while operating a bus
for the carrying of passengers.
Section 16: INTOXICANTS. It shall be unlawful for any
operator of any motor bus to drink any intoxicating liquor during
the time he is on duty, or to use narcotics in any form during
the time he is on duty.
Section 17: OPERATORS. No person shall be permitted to
24 operate a motor bus for the carriage of passengers who is under
25 the age of twenty-one (21) years, nor who shall have any impair-
26 ment of his normal senses, unless such impairment shall be fully
27 compensated by artificial means, nor who shall be subnormal in
28 intelligence nor who shall be subject to epileptic fits or spasms.
29 Operators shall under no circumstances carryon unnecessary con-
30 versations with passengers. That duly licensed operators under
31 the age of twenty-one (21) years may be given temporary employment
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1 not to exoeed ninety (90) days.
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bection 18: T~~OillLRY ROUTES. In the event that any
3 street, highway, alley, boulevard, avenue, road or other public
4 place may be olosed, or may, for any other reason, be impassable,
5 motor busses may make detours around the portions so closed or
6 impassable, using the nearest ,Jossible parallel streets or avenues
7 therefor; provided, that such detours shall be of sufficient lengt
8 but no more than necessary to avoid such portions so closed or
9 impassable.
Seotion 19: REGULATORY ORDINM~CES. All motor busses
11 operating under the terms of this permit shall at all times be
12 operated in aocordance with the traffio laws of the State of
13 California, and in acoordance with the lawful traffic Ordinances
14 of the City of San Bernardino regulating the operation of jitney
15 or motor busses applioable to the operation under this permit.
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Section 20: P&~IT TO BE STRICTLY CONSTRUED AGAINST
17 LICENSEE. This permit is granted upon each and everyoovenant,
18 condition, restriotion and limitation herein contained and shall
19: ever be strictly construed against the Licensee. Nothing shall
20 pass thereby unless it be granted in plain and unambiguous terms.
21 Each of said conditions is a material and essential condition to
22 the granting of this permit. Upon failure to correct any inf'rac-
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tion of the terms and conditions of this per~mit, or refusal to
comply with any of the conditions thereof, after sixty (60) days'
written notice by the legislative body of said City, said legis-
lati ve body may thereupn declare a breach of the permit, and upon
such declaration, said permit and the rights and privileges en-
joyed thereunder shall immediately and ipso facto terminate and
the performance bond as hereinafter provided for in Section~O
shall thereupon be forfeited to said City, and all rights and
privileges of the Licensee pursuant to the )rovisions of this
permit shall thereupon be at an end, and said Licensee shall
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thereupon and immediately surrender all rights and privileges
in and to said permit. No provision hereinbefore made for the
purpose of securing the enforcement of the terms and conditions
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of this permit shall be deemed an exclusive remedy, or to afford
the exclusive procedure, for the enforcement of said terms and
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conditions, but the remedies and procedure herein outlined or
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provided, including termination of the permit, shall be deemed
to be cumulative.
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Section 21: ASSIGl~~rS. Licensee shall not sell,
lease, assign or transfer any of the rights or privileges herein
gran'Ged to it, unless such sale, lease, assignment or transfer
shall have been approved by the City by Resolution of its Mayor
and Common Council duly adopted. Any purported or attempted
sale, lease, assignment or transfer thereof, without such approval
by the Mayor and Common Council, regardless of whether it be made
voluntarily or otherwise, shall be void and of no effect and
shall transfer none of the rights or privileges hereby granted;
and, at the option of the City, all rights and privileges hereby
granted shall automatically terminate.
In the event such a sale, lease, assignment or transfer
shall be approved by the City as herein provided, then and in that
event this permit shall, upon acceptance hereof by the Licensee's
successor in interest, be binding upon such successor to the
24 s&~e extent and in like manner as upon Licensee. Such acceptance
25 by Licensee's successor in interest shall be evidenced by its
26 filing, with the City Clerk, of a bond in similar form and amount
27 as required in ::Jection 36 of this Ordinance.
2811 Section 22: B~1UPTCY. Should the Licensee be ad-
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29 I judicated a benkrupt or become insolvent or seek the benefits of
30 any aot of Congress or of the ::Jtate Legislature, now or hereafter
31 in effect during the term hereof for the financial relief of
32 debtors, the City may at its election immediately terminate all
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of the rights granted hereby upon service of notice of such
election upon Licensee. Any purported sale or transfer of any
terest or right in or to the permit hereby granted whether
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to be made voluntarily or involuntarily by or through resort to
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the benefits of any such aot, or aots of Congress or the State
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Legislature, shall be void and of no effect and shall transfer
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no interest or right in or to said permit.
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Cieotion 23: EESERVATION OF' RIGHTS. In addition to all
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of the powers herein granted or reserved unto the City, the City
shall have the following rights:
(a) To repeal this permit, by Ordinance, at any time
for misuse or nonuse, or for failure to comply with the terms
prescribed;
(b) To temporarily close any or all of the streets,
highways, alleys, boulevards, avenues, roads or other public
places embraced within this permit for paving or repairing, or
laying sewer pipe, gas pipe, or water pipe therein, or for other
purposes;
(c) To require proper and adequate additions or modi-
fications of equipment, schedules and servioe and to require prop r
and adequate extensions, reroutings of existing routes, and es-
tablishment of new routes, and to require rr~intenanoe of Licensee's
plant and equipment at the highest practicable standard of ef-
ficiency, all in accordanoe vdth the orders of
1J0unoil;
(d) To establish reasonable standards of service and t
27 prevent unjust discrimination in service or rates;
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(e) To impose such other regulations as may be conduci e
29 to the safety, welfare and accommodation of the public.
30 No reservation herein contained shall ever be construed
31 as limiting, because not herein specified, any right which the
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~ity of San ~ernardino would have in law to regulate or curtail
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the operations of Licensee if this permit had not been granted.
0ection 24: NOTICE. Any notice required to be given
under the terms of this permit, the manner of service of which is
not specifically provided for, may be served as follows:
Upon the Mayor and Common Council, addressed to the City
~lerk, ~ity Hall, ban Bernardino, California;
Upon the Licensee by serving said notice on said Li-
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censee by addressing a written notice addressed to such address
as is designated in said permit or from time to time furnished in
vITiting by said Licensee to the City Clerk, and depositing such
notice in the United States mail postage prepaid.
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When the service of any such notice is made by mail,
time of such notice shall begin with and run from the date of the
deposit of same in the United States mail.
Section 25: INFORMATIVE DATA AND REPORTS. For the
17 purpose of effectively carrying out and performing the supervisor
18 powers and duties of the City and its officers under this permit
191 and properly exercising such rights of visitation as are herein
20 provided, City's Mayor and Common ~ouncil may require the Li-
21 censee to supply free of cost to the City copies of such tariffs,
22 schedules, maps, rules and regulations, statistical and financial
23 data or reports affecting Licensee's operations within the City
24 of San Dernardino as City's Mayor and Common 'Council may, from
25 time to time, request. All such data and information shall be
26 filed with the City in the office of its Mayor, or with such
27 person, board or commission as may, from time to time, during the
28 existence of this permit, be designated by said Mayor.
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Section 26: INSPECTION OF RECORDS. For the purpose of
30 effectively carrying out and performing the supervisory powers
31 and duties of the City and its officers under this permit and
32 properly exercising such rights of visitation as are herein
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provided, ~ity shall h8ve the right and privilege at all reason-
able times to examine the books, records or accounts of Licensee
relating to its operations within the City of San Bernardino.
heference privilege to said books, records or accounts
of Licensee shall be available to City's representatives upon
five (5) days' notice to the San Bernardino office of Licensee;
and any necessary aid and assistance required in such inspection
or examination of the books, records, or accounts shall be sup-
plied to the City in a manner satisfactory to it.
~ection 27: FRM~CHISE NOT EXCLUSIVE. This franchise
shall not be understood or construed to be exclusive in the
rights and privileges granted ~ein, except that it is the policy
of the Mayor and Corrnnon Council that no permit shall be granted
upon competitive routes, where the Licensee has satisfactorily
complied with said permit.
Section 28: ACCEPTANCE OF PERMIT. The filing by the
Licensee of the performance bond herein provided for shall be
deemed to be the acceptance of this permit by said Lioensee, and
by such acceptance said Licensee shall become obligated to render
service oontemplated by the provisions of this permit for the ter
thereof but subject, nevertheless, to all the covenants, con-
ditions, restrictions and limitations elsewhere contained herein.
Section 29: LICENSEE TO HOLD CITY HARMLESS. The Li-
censee of this permit shall indemnify, and save free and harmless,
the Uity of 0an Bernardino, against and from all damages, judgmen ,
decrees, costs and expenditures which said City may suffer, or
which may be recovered from, or obtained against, the City during
the term hereof, for or by reason of acts ~one by Licensee during
said terms, or growing out of, or resulting from, the exercise by
said Licensee of any, or all, of the rights and privileges grante
by this permit, or any act, or acts, of the servants or agents
thereof, under or by virtue of the provisions of this permit.
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I ~r~'f-/' Section 30: BOND. The Licensee hereof within ten (10)
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days after the passage of this Ordinance, and as a condition
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precedent to the exercise of any of the rights herein granted,
shall make, execute and deliver unto the City, and shall, at all
times during the life of this permit, maintain in full force and
effect, a good and sufficient bond, or good and sufficient bonds, I
issued by a corporate surety authorized by law to engage in the
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surety business in the State of California, in the prinoipal sum,
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or the aggregate principal sums, as the case may be, of Five
10 Thousand Dollars ($5,000.00). Said bond or bonds shall, before
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becoming effective, be approved as to the surety and as to the
sufficiency thereof by the Mayor and Corillllon Council of the City
of San Bernardino, and as to form by the City Attorney of the City
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ditioned that Licensee shall well and truly observe
perform each and every term, covenant and condition contained in
this permit, which are to be kept and performed by the Licensee,
and that in the event a breach is made in such conditions of the
permit, then and in that event, the whole amount of the penal
sum therein named, or the aggregate of the penal sums of all like
bonds, as the case may be, Shall be forfeited to the City.
buch bond, or bonds, may be so written as to provide
that the surety or sureties thereon m~y oancel the same by giving
at least sixty (60) days' notice, in writing, to the City of San
~ernardino of their intention so ~o do; and upon the termination
of such bond, or bonds, by such notice together with the execution
and delivery to the City by the Licensee of another bond, or other
bonds, in like principal amounts, in the pl~ce and stead of those
cancelled, and likewise satisfactory to and approved by officers
of City as aforesaid, such sureties on such cancelled or terminate
bond, or bonds, shall be relieved from all liability incurred by
acts, breaches or defaults of the Licensee occurring subsequent
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to the effective date of such new bond or bonds.
The continuance in effect of the aforesaid bond, or
bonds, shall be a condition precedent to Licensee's right to
continue to exercise any,or all of the rights or privileges
hereby granted, but in the event of the cancellation of any such
bond, for any reason, and in the event of the inability of the
Licensee to secure a satisfactory surety bond prior to the actual
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date of the termination of liability under any such bond then in
force hereunder, then and in that event Licensee may satisfy the
provisions of this section by depositing with the City Treasurer
of the City of San Bernardino, United States Government Bonds,
the face value of which shall equal, or be in excess of the sum
of ~'ive Thousand Dollars ($5,000.00), or in lieu thereof, Licensee
may deposit with the City Treasurer the sum of Five Thousand
Dollars ($5,000.00), lawful money of the United States of America,
which bonds, or lawful money, may likewise be withdrawn upon at
least sixty (60) days' notice to City, in writing, of Licensee's
intention so to do and upon deposit within said Sixty (60) day
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above in this Section 30 provided.
That said Licensee may cancel said permit and cease
operating said motor busses by giving ninety days' written notice
so to do, to said City of San Bernardino, and in that event said
bond or bonds or money shall be cancelled or withdrawn upon the
expiration of said period; provided said Licensee has fully and
faithfully performed all the terms and conditions of said permit,
otherwise said bond or bonds or money shall remain in full force
and effect.
0ection 3l: Any person, firm or corporation violating
any of the provisions of this Ordinance shall be guilty of a mis-
demeanor and upon conviction thereof shall be punished by a fine
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not exceeding Five Hundred Dollars ($500.00) or by imprisonment
in the City Jail for a period of not more than six (6) months, orl
by both such fine and imprisonment.
Section 32: That Ordinance No. 630, entitled "An Or-
dinance tiegulating and Licensing the Business of Transporting
Passengers for Hire in Motor Vehicles, Regulating and Licensing
Operators of such Motor Vehicles and Fixing the Penalty of Its
Violation", is hereby repealed.
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Section 33: Eacl! and every person, firm or corporation
l!olding a permit and actually engaged in the operation of a motor
bus under the provisions of Ordinance No. 630 ,of the City of !
San l:lernardino entitled "An Ordinance HelZulating and Licensing
the Business of Transporting Passengers Tor tllre ln lV,otor VehlC1.e
hegulating and Licensing Operator~ of such Motor Vcllicles and
Fixing the Penalty of Its Violation",
shall, within six (6) months after passage and approval of this
Ordinance, comply with all provisions thereof, and that within
said six (6) months, the provisions of this Ordinance shall be
applicable to any person, firm or corporation who now holds such
permit and is actually operating a motor bus thereunder.
Section 34: If any section, subsection, sentence, claus
or phrase of this Ordinance is for any reason held to be uncon-
stitutional, suoh shall not affect the validity of the remaining
portions of this Ordinance, and the Mayor and COIllIT10n Council of
the City of San l:lernardino hereby declare it would have passed
this Ordinance and each section, sub-section, sentence, clause
and phrase thereof, irrespective of the fact that anyone or more
of other sections, sub-sections, clauses or phrases be declared
unconstitutional.
Section 35: The ~ity Clerk shall certify to the passage
of this Ordinance and shall cause the same to be published three
consecutive times in the San Bernardino Daily Sun, a daily news-
paper hereby designated for that purpose.
Section 36: The passage of this Ordinance is an emergen y
matter in order to regulate the operation of motor busses operati g,
or threatening to operate, upon the streets of the City of San
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Bernardino, and to protect the citizens of said City, and said
Ordinance shall by reason thereof take effect immediately upon
its passage and approval by the Mayor and Common COilllcil.
I HEREBY CERTIFY that the whole number of members of
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is hereby approved this /~~
7f
Mayor of the City of San ernardino
Prepared and approved as to form.
~~~
orney.
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