Ordinance 10-47 Amending HCC 8.12.110 "Definitions" Re: Vehicles Offering Free Transportation Services

CITY OF HOMER
HOMER, ALASKA

Lewis

ORDINANCE 10-47

AN ORDINANCE AMENDING HOMER CITY CODE 8.12.110 “DEFINITIONS” TO SUBJECT PUBLIC TRANSPORTATION VEHICLES OFFERING FREE TRANSPORTATION SERVICES IN SUPPORT OF AN OPERATOR’S PRIMARY BUSINESS TO THE LICENSING AND PERMITTING REQUIREMENTS IN THE HOMER CITY CODE.

WHEREAS, It is in the City of Homer’s best interest to protect the safety and welfare of its residents and visitors; and
WHEREAS, Chapter 8.12 of the Homer City Code imposes licensing and permitting requirements to protect the safety and welfare of passengers traveling in public transportation vehicles that charge a fee; and

WHEREAS, Public transportation vehicles that do not charge fees are equally in need of regulation to protect the safety and welfare of passengers traveling in such vehicles.

THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Homer City Code Section 8.12.110 is hereby amended to read as follows:

8.12.110 Definitions. Unless otherwise expressly stated, wherever used in this chapter, the following words and phrases shall have the meanings given to them by this section.
a. "Chauffeur's license" means a written authorization granted to an individual driver permitting such person to drive or operate a public transportation vehicle within the City.
b. "City" unless otherwise specifically designated, means the City of Homer.
c. "On-duty" means the period of time in which a person is: 1. required by the person's employer to be ready, or standing ready if self-employed, to immediately operate a public transportation vehicle, including time spent waiting to be assigned to operate a public transportation vehicle; 2. inspecting, servicing, or conditioning a public transportation vehicle; 3. in or upon a public transportation vehicle; 4. loading or unloading, or supervising the loading or unloading of, a public transportation vehicle, or charging or collecting fares, or giving or receiving receipts for use of a public transportation vehicle; 5. taking action, as required by state or federal law, following an accident involving a public transportation vehicle; or 6. repairing or obtaining assistance for a disabled public transportation vehicle.
d. "Operating a public transportation vehicle" means: 1. to drive a public transportation vehicle; or 2. whether or not the vehicle is in motion, or is capable of being moved, to be in actual physical control, or to attempt to affect the movement, of a public transportation vehicle.
e. "Operator" means and includes any person owning or having control of the use and/or driving one or more public transportation vehicles upon the City streets or engaged in such business.
f. "Public transportation" classification "other" means and includes any vehicle transporting individuals or groups and charging a fee, or offering services free of charge as a complement to or in support of the operator’s primary business, or fare not fitting within the definition of taxi-cab, limousine, or sightseeing classification for public transportation.
g. Public transportation classification "limousine" means any motorized multi-passenger vehicle engaged in the carrying of person sin exchange for receiving fixed-route fares/fees.
h. Public transportation classification "sightseeing" means any multi-passenger vehicle engaged in the carrying of persons in exchange for fixed-route fares/fees, operating over a route designated for visiting specific places and things of interest, for pleasure and education.
i. Public transportation classification "taxi-cab" means any motor vehicle having a manufactured-rated seating capacity of nine passengers or less engaged in the carrying of persons in exchange for receiving fares, not operated over a fixed route, whether the same be operated from a street stand or subject to calls from a central location or otherwise operated for hire to perform public transportation.
j. "Vehicle permit" is the documented authority to operate a specific vehicle for public transportation within the City upon completion of vehicle inspection by the Homer Police Department.

Section 2. This ordinance shall take effect ninety days after its adoption by the Homer City Council.

Section 3. This ordinance is of a permanent and general character and shall be included in the city code.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this _____ day of _______________________, 2010.

CITY OF HOMER

_____________________________
JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK
AYES:
NOES:
ABSTAIN:
ABSENT:

First Reading:
Public Reading:
Second Reading:
Effective Date:

Reviewed and approved as to form:

Walt Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: _______________________ Date: ______________________