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Ordinance 154 ORDI111A." 1: ; 154 An Ordinance of the City of Hiami Beach, Florida, defining Jitney Busses, providing for the licensing of such Jitney Busses, prescribing regulations as to the issuance of such licenses, providing for the fee for issuance ; fixing the license fee, regulating the manner of operation and collection of fares of such Jitney Busses, providing for the giving of a bond by the operator of such jitney busses, fixing the condi- tions and amount of such bond; providing for the sus- pension, revocation and termination of such license and providing for a penalty for the violation of this Ordi- BE IT ORDAINED By the City Council of the City of Miami Beach, Florida; Section 1: For the purposes of this ordinance a jitney bus is defined to be a� vehicle other than street railway cars operated along a route or routes upon the streets of the City of Miami Beach for the purpose of receiving, carrying and discharging as passengers, such persons as offer themselves for transportation along such route or routes or between points thereon; or operaed in such a manner as to offer a means of transportation similar to that afforded by a street railway. Section 2: It shall be unlawful for any person to use , Oper- ate or run, or cause or permit any of his agents, servants, or employes to use, operate or run a jitney bus in, along, through over or upon any of the streets of the City of Miami Beach, or to carry on a buss" p ness of transporting passengers for hire in any jitney bus or busses in said City without first having obtained a license so to do as in this Ordinance provided; and no license shall be issued therefor except as provided herein. A separate application shall be made and `filed in writing with the City Clark of the City of Miami Beach for each jitney bus proposed to be operated in the City of Miami Beach, which appli- cation shall contain the following statements, to-wit: Name, age, residence and business address, if the applicant is a natural person; if a corpora4ion, its name , date of incorpor- ation, ncorpor- atyon, place of business, and the names and addresses of the officers thereof; if a partnership or a company, the business name of the partnership or company, and the names of the partners or persons com- prising the company, with the business address of each partner of the company; the name, type and make of motor car proposed to be used as such jitney bus ; the horse power thereof, the factory number thereof, the state license number thereof, the seating capacity thereof, accord- ing to its trade rating, and whether such a jitney bus is to be oper- ated by the applicant or by a chauffeur; the route or termini between which such jitney bus is proposed to be operated and fare to be charged; a schedule showing the time of departure from the termini according to which it is proposed to operate; if the motor vehicls proposed to be used as a jitney bus has been adapted for use as such, either by converting a freight carrying truck into a passenger carrying vehicle, or by reconstructing, modifying or adding to the body or seating capa- city thereof, a statement of its carrying capacity, capacity in pounds, or tons, its rated seating capacity as adapted, and the method and materials used in such adaption. The I%ity Clerk shall, thereupon promptly refer the application for such license to the City Council and said City Council shall, in regular session or special session duly called for that purpose, con- sider the application and may, if the said City Council deems it ad- visable, summon and examine the person wiho has signed the application, and any other person or persons in regard to the granting of such li- censes, and may grant the same as asked, and shall fix in all cases the schedule and fare proposed in such application; or if such application in the "ood discretion of the City Council, does not confrom to the needs of the public, peace and safety of the citizens, may refuse a license to such applicant. If said City Council shall determine to have a license issued to the said applicant for the vehicle mentioned in the application, it shall make its order directing the City Clerk to issue such license, and shall specify in such order the fare, sche- dule, route and termini of the jitney bus to operate which the license is to issue. Upon the receipt of such order, and upon payment of the herein required license fee, the City Clerkshall issue a certificate of license to the applicant to operate or cause or permit the operation of the jitney bus therein described along the route and between the termini according to the schedule and fare therein. b P 3 ' � 4 All such license shall provide that the jitney buss shall be oper- ated over the route named therein, and from such time in the morning . � Council. � to such time at night as may be prescribed by thy, said City The schedule, fare , route or termini as fixed by the license issued as aforesaid, may be changed by said City `Couneil upon 10 days notice in writing to the holder of such license permitting him to be �r heard thereon, or may change the same at the request of the holders of such license , whenever, in its good discretion, the City Council shall deem it necessary for the needs of the public or requirements of health, peace and safety of the citizens. Section 3: Any person desiring to secure a license as a driver �# of aj itney bus shall make application in writing to the City Clerk therefor. Such application shall set forth the name of the appli- cant , his color, age, residence and occupation, and by whore employed during- the preceding six months , and shall be endorsed by at least two responsible citizens of the City who shall certify that the appli- cant is a man of good habits, honest , soberand industrious and a fit person to drive a jitney e bus. Said appliction shall also include a shown the length of time the applicant has been an operator ►k statement g of.motor vehicles. The s aid application shall promptly be referred by the City City Clerk to the Cit Council, and the said City Council a.t a regular dui called for that purpose may examine .satin y al r1 meeting ora specs g into the qualifications and fitness of the applicant. When the said City Councill shall be satisfied with the qualifications and fitness of any applicant, it shall cause the application to be endorsed and presented to the Oity Clerk for the issuance of a license as a jitney on u r p the payment of $1.00 bus driver, and the City Clare taareupon, p p y shall issue a license to such applicant, such license to be renewable annually. If the City Co uracil shall not be satisfied with the qualifi- j cations of the applicant, they may lication. refuse to endorse his a__ section 4: The annual license tax for the operation and running of a jitney itne bus over the route or routes assigned in the streets of the City of Miami Beach shall be paid in advance into the City Treasury in the sums according to the schedule following: (a) for a jitney bus of not more than 22 h.p. $2.50 (b) for a jitney bus of more than 22 h.p. and less than 27 hop. 04.00 ( c) for a jitney bus of more than 27 h.p. and less than 35 hop* $6.00 (d) for a jitney bus of more than 35 hop* $7.50 (e ) for any type of jitney bus seating 10 passenger or more, Section 5: Every jitney bus shall have printed upon each side thereof in letters at least 12 inches in height and not less than a half in. in width, so that the same shall be readily legible to j the public, the word "BUS" and show the name of the person, frim or corporation owning the same or operating the same, the fare for ni of the route over which it runs. and the termini � i Section 6: No jitney bus shall be operated when it is dusk or dark, unless there shall be sufficient light provided to illumi— nate the inside, and to be so illuminated on the outside that the f termini shall be readily legible to the public; and all provisions I for the lighting of motor vehicles required by the State Law or Municipal Ordinance of the City of Miami Beach shall likewise be required to be complied with by all jitney busseso r a, Section 7: Every person operating any such jitney bus shall abide by each and all of the ordinances, rules and regulations of the City of I2iami Beach now in force, or that may hereafter be put in force, calculated to regulate said jitney bus business or pertain ing to the traffic rules of said City? Section 8: (a) It shall be unlawful to run or operate any jitney bus otherwise than provided in the license issued for the I operation of such jitney bus. (b) To solicit passengers or attract attention to a jitney bus, or by calling or by the use of a horn, bell, whistle or other , noises. (c) To run or operate a jitney bus while any person is standing or sitting on the running board, the fender, hood or door, or while any person is riding in a place on the outside thereof.. (d) Tod rive or operate, or cause to be driven or operated any jitney bus upon any street of the City of Miami Beach, except by the person to whom the license has been issued for such jitney bus, or by a person having a driver 's license as herein provided. (e) To re-construct, alter, modify, add to or otherwise change the body or seating arrangements of any jitney bus, after license has been issued for the same , without applying for and ob-. taining the consent of the City Council so to do. ( f) To drive or operate a jitney bus unless thy: same shall be equipped with a suitable horn or similar warning device, with a standard speedometer, and with such other equipment required for automobiles under the laws of the State of Florida; and every such jitney bus shall, when leaving either terminus, be equipped with at least one extra serviceable tire* ( g) To accept more passengers than the rate passenger-seating capacity of the vehicle, so that each passenger shall be provided with one full seat* To recd dive or accept passengers or Rper�it them to board such jitney bus or discharge passengers at$ on or along any street , r _hi, .way ege.ept: ,on the Causeway.wher.e- -ar eleertr-ic utreiet car y s operated. Section 9: It shall be unlawful for any person by himself a ent or employe to drive or operate or cause to be driven or oper- g jitney bus, if the driver or operator is less than 18 years 1 ated any j of age. Section 10: No person operating arty jitney bus shall collect change or take on or discharge passengers while such fares, make g vehicle is in motion, and he shall not have a lighted cigarette, _ c 3 y E 4 ' I cigar or pipe in his possession or use tobacco in any form while any passenger is being carried therein, nor drink any intocicating beverages, not use morphine, cocaine, opium, or other harmful drug, or be under the influence thereof while engaged in operating such vehicle. Section 11: It shall be unlawful for any operator of a jitney bus to refuse to carry, free of charge when there is room in such bus, either a policeman or fireman of the City of Miami Beach, vglnert. Identified as such. Section 12: Every operator of a jitney bus shall immediately report full in writing to the Chief of policq , the tide, place and p y {.. cause of any fatal accident, or any injury to a passenger or other person, and of any accident resulting in damage to property in which he or any motor vehicle or operator under his control is involved. Section 13: It shall be unlawful for the operator of any jitney bus to fail, neglect or refuse to return every article in such jitney Cit bus le f t by any p a,ssenger thereof to the police station in this y witlLin 24 hours after the finding of such article. i Section 14- It shall be unlawful for the owner, driver or other person ig n charge or control of the jitney bus to charge or receive any additional amount for the transportation of any hand baggage in charge of a passenger. ` 5•. It shall be unlawful for any person operating a Section 1� it or cause the same t0 c=0ss any railroad track jitney bus to Perm tin street within the corporate limits of the City at any intersec g trains or locomotives are operated without of 14liami Beach over which r d" s to a full stop before crossing said rail- opbringing such jitney bu road track; provided that on all points where traffic of ficers are - • dr ivin such jitney bus shall COM- stationed the person opera�ing or g directions of such officers; and provided further ply with the di (. lway Where flagmen are stationed or rai that at all track ::rossings tvhe ;i gates are in operation the person driving or oi;eTating such jitney E y bus shall be governed by the directions of such flagmen or b,77 the open or shut position of the gates. Section 16; Any person operating any jitney bus hereunder shall regularly operate the same over the route and between the termini and according to the schedule stated in the license issued for the operation of such jitney bus, and should he cease, fail or neglect or refuse so to operate said jitney bus for a period of five days, as herein provided, the City Council may revoke his license refunding hirci the unearned portion of his license fee ; provided that in case it shall be necessary to take said jit :,.ey buss off the routes specified in the license for repairs , another j..itney bus may be , substituted in place thereof for a period of not more than ten days. Section 17: In order to insure the safety of the public, no license shall be issued or become operative until the licensee shall have filed with the City Clerk a bond approved by the City Council and the City Clerk, conditioned to pay any final judgment against the principal named therein for any injury to person or property, or damage for causing the death of any person breason p Y. ; of any negligence or unlawful act on the part of the principal named in said bond his or its agents, employes or drivers in the use, oper- ation or construction of any such vehicle. Said bond shall have w sureties, either two or more private individuals who in their own right , in property located in the County of Dade and State of Florida, over and above all exemptions, are each worth the full amount of the bond to be signed by them as sureties, said sureties to furnish a full and complete abstract of title theretoif required so to do by the City Council or City Clerk, t or said surety to be reliable and responsible corporate surety com- pan.Y authorized t o do business in the State of Florida. 4r in lieu of such a bond , the said licensee may file as afore- insurance insuring said licensee of said said, a policy of Nabi T� b r e ancon or injury or damage that may result jitney bus against loss Y A i to any person or property from the use, operation or construction of said jitney bus. Such bond or policy shall insure. (a) To the benefit of any passenger or passengers in such jitney bus who may receive fatal injuries, and to the widow or hus- band of such person as the case may be, or in the event of there being no husband or widow of such person, to the heirs of any passen- ger or passengers who may suffer death by reason of the negligence or misconduct on the part of the driver or owner of such jitney bus; and (b) To the benefit of any person who may receive bodily in- Beach juries on any public highway and within the City of Idiamy/, and to the widow or husband of such person or persons and in case there is no widow or husband of any such person or persons, to the heirs of any such person or persons who may suffer lzodily injury by reason of the negligence or misconduct on the part of the driver, operator or owner of such jitney bus; and (c) To the benefit of any person or persons who may sustain damage by reason of any injury to his or their personal property by g reason of the negligence or misconduct of the driver or owner of such jitney bus. ` rovi .cion that there is Said bond or policy shall contain a p a continuing liability thereunder of not less than the full amours thereof as herein provided, notwithstanding any recovery thereon; and if at any time in the judgment of the City Council said bond or cause, the City Council it ter City Clerk policy is not sufficient for , any may require party arty to whom a license is issued, as herein pro- ,► vided, to replace said bond or policy with another bond or policy satisfactory to the said and in default City Council or City Clerk; ll be revoked. Such bond or policy shall thereof said license sha • be rought thereon in any coast of competent provide that suit may or persons, or corporation suffering any jurisdiction by any person loss or damage as herein provided. A The amount of such bond shall be in the sum of $5,000.00, and a separate and distinct bond in said amount shall be filed to cover each and every vehicle operated by any licensee hereunder. 8• If at any time during the life of any license iss�- Section 1 . ued hereunder on the terms of this ordinance the holder thereof allows the bond or policy of insurance mentioned in the preceding e or become ineffective , or to terrninate in whole section, to laps f or in part, ox if any surety thereon becomes unable financially to respond to the obligations thereof, at the same time the license jitney• • bus or bussess shall ipso facto of such holder touperate a become null and void. The license for running and operating any jitney Section 19: at an time by the City Council if it bus may be suspended or revoked d y OP erat or of such, j itney bus is or shall appear that the OlMer or 1 to s a careless or reckless dri�aer or op stator , or in case such emp y of the provisions of this � driver or oper�t or shall violate any owner, regulation or pro7ision now in force, or Ordinance, or any rule, thatmay hereafter be put into force ,covering the traffic xegulat ions ss of carrying pa,ssengexs for him or jitney busses in or or business Beach other _treats of the City of �Jliam�l, or for any upon or through the s 4 cause deemed by said City o cil in the exercise of their reason-- i able discration to be sufficient. ' sion of this rove � t ion 20: Any person who shall violate any p - Sec 200000, or by fished by a fine not exceeding Ordinance shall be pun Should any • t ail not exceeding 90 days, imprisonment in the city j .,rson shall there" nvicted , the license of such pa person be twice co upon be cancelled. Section 21: All ordinances or parts of ordinances insofar as ct herewith are hereby repealed*the same may be in conflict now in Section 22: All licenses from the City of Lliarai Beach, firm or corporation, for such business force, in favor of any person, � this ordinance regulated, hall all cease to- be in force from as is by i tl a �, the date of the passa�e and ublication of a after s from ordinance*. such time such license hvder May have this Ordinancetl � fee of the license now ire force, refunded, une e,rrye d part of t i c.,res e , o r In e ma�� rave the sam e a�r�lied upon the fee of a new license under • 'ded a ��evJ license shall be issued to him here- ordinance , ere- . Ord�.nance , prove - -L",ider. Leh. �.. �• �? -2.1. p1ISSED �. D I.DOpTED thislr day of _., , CI }Y COU.,r IIS 0? CITC)p TII iI p '-Ch, 0 ID . ATTEST: amity C1 erL �• this 11� `1t�. of A. D. 1921• Apl'g0VED t� ray . «; 3 t k f E a �y �e y iE HHS r W LA --J CAxc o W Cl H i-� A i s 1 t C � s d 6 4 00,i