§ 188.01. Granting of franchises and consents for stage, omnibus line, stage route or motor vehicle line or route; hearing.
1.
No franchise or renewal, extension or amendment thereof for the establishment or location of any stage, omnibus line, stage route or motor vehicle line or route shall be granted or made by the county except by act. No such act shall be adopted unless a report in writing thereon has been made by the County Executive to the County Board and published with the act in one or more newspapers selected by the Clerk of the County Board for that purpose and published in the County of Westchester and having a general circulation in the area affected, nor until a public hearing has been held thereon. The notice of the time of hearing shall be published with the act in such newspaper.
2.
No stage, omnibus line, stage route, motor vehicle line or route, nor any vehicle in connection therewith, and no vehicle carrying passengers upon a designated route or routes within the limits of the county shall be operated wholly or partly upon or along any street, avenue or public place in the county, nor shall a certificate of public convenience and necessity be issued therefor, until the owner or owners thereof shall have procured, after public notice and a hearing, the consent of the County Board to such operation, upon such terms and conditions as said board may prescribe. Such terms and conditions may include provisions relating to description of route, rate of speed, compensation for wear and tear of routes and bridges and safeguarding passengers and persons using the streets. Operation upon the streets of the county shall not be permitted until the owner or operator of such vehicles or proposed line or route, if required by the County Board, shall have executed and delivered a bond to the county in an amount fixed by such board and in a form prescribed by the County Attorney with sureties satisfactory to the Commissioner of Finance, which bond may be required to provide adequate security for the prompt payment of any sum accruing to the county, the performance of any other obligations under the terms and conditions of such consent, as well as for the payment by such owner of any damages occurring to, or judgments recovered by, any person on account of the operation of such line, route or vehicles. No consent shall be given by the County Board for such a route or routes over a city, town or village street until the county shall have furnished said city, town or village with a copy of the application for such consent and the city, town or village has filed with the county within 30 days of receipt of said copy of application a statement of its views in connection therewith. Sections 66, 67, 68 and 69 of the Transportation Corporations Law conferring upon cities, towns and villages the power to grant consents and terminable permits shall not apply to cities, towns and village in the County of Westchester.
3.
Any public hearing held pursuant to this section shall be held either at the regular meeting place of the County Board or at such other place within the county as may be determined by the board, and notice of any such hearing shall be published once in the newspaper selected as provided in subdivision 1. of this section and such publication shall be at least ten days and not more than 20 days prior to the date of such hearing and shall state the time when and the place where the hearing will be held. Any such hearing may be adjourned from time to time without the giving of further notice.
4.
Existing consents heretofore granted for specific periods of time shall not be deemed affected by this act but renewals thereof or amendments thereto shall only be granted pursuant to the provisions of this act.
5.
Existing consents heretofore granted for specific periods of time shall not be deemed affected by this act but renewals thereof or amendments thereto shall only be granted pursuant to the provisions of this act.
(Added as § 104 by the Laws of 1970, Ch. 801; amended by L.L. No. 5-1974; L.L. No. 19-2010, § 9 [])