Chapter 4.160


4.160.010    Definitions.

4.160.020    Findings and purpose.

4.160.030    Creation of a system.

4.160.040    Routes, rates and schedules.

4.160.050    Contract for operation.

4.160.060    Prohibited acts.

4.160.070    Nontransit use of city transit facilities prohibited.

4.160.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“City bus system” means the system of public transportation by motor bus provided for by this chapter.

“Notice and hearing” means a public hearing held by the city council after notice thereof has been published not less than one time not less than 10 days prior to the hearing. (Ord. 342 § 1. Code 1997 § 28B-1)

4.160.020 Findings and purpose.

The city council finds that its citizens require a system of public transportation, that the only practical form of public transportation that can be instituted at the present time is a motor bus system, that the private sector has been unable to adequately provide a working motor bus system, and that it is necessary that a motor bus system be provided to its citizens by the city. (Ord. 342 § 1. Code 1997 § 28B-2)

4.160.030 Creation of a system.

There is hereby created a city bus system, subject to the provisions of this chapter. (Ord. 342 § 1. Code 1997 § 28B-3)

4.160.040 Routes, rates and schedules.

Routes, rates and schedules shall be established by the city council by resolution, after notice and hearing. No rate shall be modified for a period of one year after its adoption, unless the city council shall first find that extraordinary circumstances exist which justify a modification at an earlier date. (Ord. 342 § 1. Code 1997 § 28B-4)

4.160.050 Contract for operation.

The city council may provide for the operation of the city bus system by city employees or it may let a contract for such operation, or any part thereof, if it deems such contract to be in the best interests of the city and its inhabitants.

Any such contract shall require a minimum of $5,000,000 comprehensive general liability insurance, inclusive of property damage liability insurance, in a form approved by the city attorney.

This chapter is necessary for the continued operation of the public transit system within the city, and shall take effect immediately. The facts constituting the urgency are as follows:

A. A public transit system is essential in preserving and maintaining air quality standards and that service will have to be reduced or eliminated if adequate liability insurance is not provided;

B. It is necessary to have sufficient liability insurance coverage to protect the city from claims against public funds resulting from operation of the bus system;

C. The public transit system provides essential transportation service to community residents which will have to be curtailed if adequate liability insurance is not obtained by the contract operator;

D. Existing insurance coverage for the operation of the bus system will be reduced to amounts unacceptable to the city unless the ordinance codified in this chapter is adopted as an urgency measure and a requirement for the coverage mandated by the ordinance codified in this chapter is immediately put into effect. (Ord. 312 § 1; Ord. 342 § 1; Ord. 750 §§ 1, 2. Code 1997 § 28B-5)

4.160.060 Prohibited acts.

It shall be unlawful for any person to do any of the following acts:

A. Smoke in any bus operated by the city bus system.

B. Interfere in any manner with the driver of any bus operated by the city bus system.

C. Throw any object out of the window of any bus operated by the city bus system.

D. Ride on any bus operated by the city bus system without paying the established fare for such ride. (Ord. 342 § 1. Code 1997 § 28B-6)

4.160.070 Nontransit use of city transit facilities prohibited.

It shall be unlawful and cited as a misdemeanor offense for any person to utilize city transit facilities for any purpose other than ultimate use of public and/or approved private transit utilizing the specific transit facility.

For the purpose of this section, the term “unlawful use” shall include, but not be limited to:

A. Specific use of the facility for sleeping, camping or general use in lieu of regular housing;

B. Improper use of the waiting area as a cooking, washing or toilet facility;

C. Vandalizing, defacing, destroying or otherwise damaging any portion of the facility, grounds or surrounding amenities;

D. The improper use of radio receiving equipment, musical instrument, portable stereo equipment or other device which causes offensive noise at or within the transit facility;

E. Any behavior which annoys, disturbs, injures or endangers the comfort, health, peace and safety of others properly utilizing the transit facility. (Ord. 882 § 1. Code 1997 § 28B-7)