20.46.010 Purpose.

It is the purpose of this chapter to regulate the operation of “for-hire buses” so as to provide needed public transit and historical awareness within the City while affording maximum protection for the residential character, safety and environment of the City. (Ord. 1820)

20.46.020 Definition – For-hire bus.

A. For purposes of this chapter, “for-hire bus” is a motor vehicle, including without limitation a tour bus or jitney, which meets all of the following criteria:

1. Is a “bus” as defined by State law (Vehicle Code § 233);

2. Is a commercial vehicle as defined by State law (Vehicle Code § 260); and

3. Is designed, used or maintained to carry more than 27 passengers, including the driver.

B. For purposes of this chapter, “for-hire bus” does not include:

1. Vehicles which are being operated in accordance with the provisions of Sections 1031 through 1036 of the Public Utilities Code;

2. School buses as defined by State law (Vehicle Code § 545); or

3. School public activity bus while operating as a school pupil activity bus. (Vehicle Code § 546)

20.46.030 Prohibition.

Unless otherwise authorized in accordance with the provisions of this code, it shall be unlawful for any person to operate or cause to be operated a for-hire bus on any street, alley or highway contrary to the provisions of this chapter. (Vehicle Code § 35701)

20.46.040 Regulations – Basic bus route.

Except as otherwise provided in this chapter, it shall be unlawful for any person to drive, operate or causing to be driven or operated, or otherwise control a for-hire bus on a public street or alley other than on the following basic bus route:

A. State Highway 282;

B. State Highway 75;

C. Glorietta Boulevard between State Highway 75 and Second Street, Second Street between Glorietta Boulevard and A Avenue, A Avenue between Second Street and First Street, First Street between A Avenue and Orange Avenue, and Orange Avenue between First Street and Third Street;

D. Isabella Avenue between Orange Avenue and Ocean Boulevard, and Ocean Boulevard between Isabella Avenue and R. H. Dana Place;

E. Churchill Place and R. H. Dana Place;

F. Coronado Bay Road; and

G. Strand Way between Avenida De Las Arenas and Pomona Avenue, Pomona Avenue between Strand Way and Glorietta Boulevard, and Glorietta Boulevard between Pomona Avenue and Fourth Street.

20.46.050 Regulations – Public safety deviations.

All for-hire buses may deviate from the routes authorized in this chapter in accordance with the following public safety exceptions:

A. When completing a change of direction in the following manner:

1. From southbound on State Highway 75, to Avenida De Las Arenas, then left onto Strand Way northbound, then left opposite Avenida Del Sol, returning to State Highway 75, northbound; or

2. From southbound on State Highway 75, to Coronado Cays Boulevard off-ramp, then left onto the on-ramp to State Highway 75, northbound, returning to State Highway 75, northbound.

B. When necessary to respond as a result of an emergency threatening the health, safety or property of bus passengers or other members of the public, so long as the deviation is by the most direct safe route of return to the authorized route.

C. When necessary to comply with the directions of an authorized traffic control person or device within the City.

20.46.060 Regulations – General.

It shall be unlawful for any person driving, operating or causing to be driven or operated, or who is otherwise in control of a for-hire bus:

A. To allow the motor of the for-hire bus to run while the for-hire bus is not moving except:

1. While the for-hire bus is in transit;

2. While passengers are actively boarding or disembarking the bus and then for a period of no longer than 10 minutes; or

3. When public safety requires;

B. To operate a sound amplification system on the for-hire bus that produces sound audible to the public at a point 50 feet or more from the for-hire bus;

C. To fail to display on the for-hire bus, in a manner open to public view, a permit, or copy thereof, required and issued in accordance with this chapter; or

D. To fail to present, on request of any enforcement officer of the City, a permit, or a copy thereof, required and issued in accordance with this chapter.

20.46.070 Regulations – No parking in Residential Zones.

Except in an emergency threatening the public safety or in accordance with a valid permit issued pursuant to this chapter, it is unlawful for any person driving, operating or causing to be driven or operated, or who is otherwise in control of a for-hire bus to park or cause to be parked the for-hire bus:

A. On property zoned for residential use; or

B. On either a public street or alley at a location that is immediately adjacent to property zoned for residential use.

20.46.080 Regulations – No discharge/pick-up of passengers in Residential Zones.

Except in an emergency threatening the public safety or in accordance with a valid permit issued pursuant to this chapter, it is unlawful for any person driving, operating or causing to be driven or operated, or who is otherwise in control of a for-hire bus to discharge or pick up passengers:

A. On property zoned for residential use; or

B. On either a public street or alley at a location that is immediately adjacent to property zoned for residential use.

20.46.090 Operations permit: small bus.

The City Council is authorized to issue operations permit: small bus, in accordance with the provisions of Chapter 20.02 CMC and with the following provisions:

A. Filing of Application. The application for an operations permit: small bus shall be filed in the Office of the City Clerk and thereafter set for public hearing the City Council.

B. Required Findings. An operations permit: small bus may be issued only if, based on facts submitted during a noticed public hearing, the City Council finds each of the following:

1. The proposed bus service will provide one or more of the following:

a. Scheduled, intracity transport of individuals on a fixed route within the City; or

b. Transport of individuals to locations within the City to show the City’s historical and aesthetic attributes; and

2. The permitted for-hire bus has an overall length of 33 feet or less.

C. Route. In addition to the basic bus route, the operations permit: small bus may authorize the permittee to travel on such other streets as the City Council deems necessary to accomplish the purposes of this chapter.

D. Limitations on Deviations. Deviations from the basic bus route authorized the permit shall not include routes of travel or points of discharge or pick-up of passengers within a Residential Zone unless the City Council finds that the proposed activity will not unreasonably interfere with the quiet enjoyment of residential real property in the area, and will not involve the parking of vehicles by nonresident passengers in the area of discharge or pick-up.

E. Terms and Conditions. The City Council shall impose such terms and conditions on the permittee as are necessary to afford maximum protection for the residential character, safety and environment of the City, to include without limitation a condition that designates a permitted route.

20.46.100 Operations permit: special bus service.

An operations permit: special bus service may be issued by the City in accordance with the provisions of Chapter 20.02 CMC and with the following provisions:

A. Filing of Application. The application for an operations permit: special bus service shall be filed with the Department of Police Services.

B. Authority to Issue.

1. An operations permit: special bus service issued by the Director of Police Services may authorize a for-hire bus to deviate from the basic bus route on no more than three specified days within any six-month period.

2. Upon the recommendation of the Director of Police Services made at a noticed public hearing, the City Council may issue an operations permit: special bus service for more frequent deviations, but only if the City Council finds that more frequent service will be consistent with the purposes of this chapter.

C. Requirements. An operations permit: special bus service shall be issued only if the City finds that:

1. The service is necessary for the public convenience;

2. The service proposed cannot otherwise be feasibly provided; and

3. One or more of the following circumstances exists:

a. When necessary to travel to or from a specific facility (such as a hotel, motel, store, restaurant, theater, spa, golf course, beach, swimming pool, or some similar activity center) within the City for the purpose of discharging or picking up passengers who are utilizing and not merely viewing from the bus, the facility, so long as the deviation is by the most direct route between the facility and the basic bus route; or

b. When necessary to travel to or from a specific site within the City for the purpose of discharging or picking up passengers who are participating in or attending an event at the site, so long as the deviation is by the most direct route between the event site and the basic bus route; or

c. When necessary to travel to or from a single point within the City for the purpose of discharging or picking up a group of passengers who have chartered the bus for that purpose, so long as the deviation is by the most direct route between the single point of discharge/pick-up and the closest portion of the basic bus route; or

d. When necessary to transport individuals to locations within the City to show the City’s historical and aesthetic attributes.

D. Limitations on Deviations. The deviations from the basic bus route authorized by the permit shall not include routes of travel or points of discharge or pick-up of passengers within a Residential Zone unless the City finds that the proposed activity will not unreasonably interfere with the quiet enjoyment of residential real property in the area, and will not involve the parking of vehicles by nonresident passengers in the area of discharge or pick-up.

E. Terms and Conditions. The City shall impose such terms and conditions on the permittee as are necessary to afford maximum protection for the residential character, safety and environment of the City, to include without limitation a condition that designates a permitted route.