Ordinance 17710
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ORDINANCE NO. 1771
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE
V, DIVIS ION l, OF "THE CODE OF THE CITY
OF MIAMI BEA.CH, FLORIDA," PERTA.INING TO
GRATUITOUS PUBLIC TRA.NSPORTATION.
BE IT ORDA.INED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION l. That Chapter 42, Article V, Division l,
of "The Code of the City of Miami Beach,
Florida," be and the same is hereby amended to read as
follows:
"ARTICLE V. Gratuitous Public Transportation.
DIVISION l. Incidental to other Business or
Public Entertainment.
Sec. 42-91. Permit - Required.
It shall be unlawful for any person to use,
operate, or to cause, authorize, direct, or engage
any other person to use or operate any motor vehicle
within the city to or from any place of business or
public entertainment, where such transportation is
or is held out, by advertisement, solicitation or
otherwise, to be either an incident to the conduct
or operation of such business or public entertainment,
or is intended or represented to be an inducement to
the person transported to patronize such place of
business or public entertainment, without first having
obtained a permit to do so, as provided in this
division. The phrase "motor vehicle" shall be
synonomous with the word "bus" as used herein, and
shall mean any vehicle irrespective of seating capacity
used for the purposes specified in this section.
Sec. 42-92. Same - Application.
An application for a permit under this division
shall be filed in writing with the City Manager. Such
application shall be verified by the oath of the
person making such application as to the truth of the
statements therein contained, if a natural person, by
such person; by the officers thereof, if the applicant
is a corporation; or by a member thereof, if the
applicant is a partnership. Such application shall set
forth the following:
(a) The name and address of the applicant and the
addresses of its officers, if any.
(b) The name of owner, make, year of manufacture,
motor number, serial number, state license number, and
S.A.E, horsepower of the motor vehicle proposed to be
operated by the applicant and its seating capacity.
Satisfactory proof shall be submitted by the applicant
for a permit under this division that there is in full
force and effect a policy of liability insurance on
each motor vehicle operated pursuant to this division
with a reliable insurance company regularly and generally
engaged in the conduct of a liability insurance business,
duly licensed by the state as follows:
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(1) Each bus shall have $ 500, 000/$ l, 000, 000
liability insurance coverage.
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(2) In addition, each bus shall be insured by a
policy covering uninsured motorist's risk
in the amount of $4.0, OQO/$ 80, 000.
(c) The proposed regular routes
applic ant desires to operate and the
proposed terminals to be established
thoroughfare, street, or other public
provided that there shall not be more
stops between terminals.
over which the
locations of the
on any highway,
way within the city;
than five intermediate
(d) The name of the establishment or such business
or public entertainment for which the permit for gratuitous
pub lic transportation is sought.
Sec. 42-93. Same - Consideration and report on application
by City Manager; grant or denial by City
Council.
The City Manager shall consider all applications for
permits under this division and may, if deemed advisable,
summon and examine the applicant in regard thereto. The
City Manager shall then file with the City Council his
recommendations as to whether a permit shall or shall not
be granted. In all such cases, a majority vote of the City
Council shall be necessary to grant such a permit. The
City Council, in granting or denying such permit shall take
into consideration existing traffic conditions on the
proposed routes set forth in such application, the effect
of the proposed terminals upon prevailing traffic conditions,
and the safety of vehicular traffic and pedestrian traffic.
Sec. 42-94. Same - Fee.
Each application for a permit under this division shall
be accompanied by a certified check for fifty dollars, made
payable to the City, representing the fee for such permit
when granted.
Sec. 42-95. Same - Issuance; form.
Upon approval of an application for a permit under the
division by the City Council, a permit shall be issued by
the City Clerk in the following form:
Gratuitous Public Transportation Motor Vehicle Permit,
No. , City of Miami Beach.
Dated , 19
Permission is hereby granted to
Permittee, to operate the following Motor Vehicle
(Description of Motor Vehicle)
for gratuitous public transportation for
(Name of Business)
in accordance with the provisions of Chapter 42 of "The Code
of the City of Miami Beach, Florida," as amended, from and
to the following terminals and on regular routes as follaws:
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OFFICE OF CITY AttORNEY - 1134 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
From and to
Regular routes
excess of five)
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and authorized intermediate stops (not in
between terminals
This permit shall expire one year after date of issuance
unless sooner revoked, and is non-transferable.
CITY OF MIAMI BEACH
By
City Manager
The original of the permit shall be filed in the office of
the City Clerk, and a copy thereof shall be issued to the
applicant.
Sec. 42-96. Same - Limitation on number issued.
E ach permit granted under this division shall be for
one motor vehicle. No more than two such permits shall
be granted to any one applicant for one establishment,
business or public entertainment.
Sec. 42-97. Same - Expiration date; operation of
vehicles after expiration or revocation
of permit prohib ited.
A.11 permits granted under this division shall expire
a year after date of issuance. It shall be unlawful for
any person to operate any motor vehicle for the purposes
enumerated in this division after the revocation or
expiration of such permit.
Sec. 42-98. Same - Revocation.
The City Manager shall, upon the submission of proof
of the permittee's failure to fully comply with the provisions
of this�division, revoke any permit granted pursuant to this
division.
Sec. 42-99. Vehicle record cards.
Upon issuance of the permit provided for in this
division, the chief of police shall issue, in duplicate,
a record card for each motor vehicle to be operated
pursuant to such permit, which record card shall set forth
the permit number, the permittee's name and address, make,
type, state license number and seating capacity of each
motor vehicle. One of the record cards shall be retained
in the files of the police department and the other shall
be delivered to the permittee, who shall attach the record
card to the motor vehicle described therein. Such card
shall be kept in plain view at all times while such vehicle
is being operated. The record card given to the permittee
shall cover only the motor vehicle for which it was issued
and shall not be transferred to any other motor vehicle.
Each bus authorized to be operated under the provisions
of this Ordinance shall be inspected for safety, not less
than once every three (3) months, in accordance with standards
promulgated and maintained by the Metro Transit Authority.
This inspection shall include that required by State law,
and the inspection required hereby shall be performed in a
garage specializing in bus repair and maintenance.
A certificate of inspection shall be displayed in each
vehicle authorized to be operated under this Ordinance.
Said certificate shall indicate thereon the date of such
inspection.
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OFFICE OF CITY ATTORNEY -1130 WASHINGTON AVENUE -- MIAMI �EACH, �LCRI�A 33139
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Sec. 42-100.
Operations restricted to approved routes
and terminals; use limited to tenants, etc.
All permittees under this article shall operate only
over such routes and from and to such terminals as are
set forth in the application for the permit. The location
of each stop and terminal shall be approved by the City
Traffic Engineer. No Permittee under this article shall
be permitted to transport persons other than his own bona
fide tenants, guest�, other business invitees, and invited
guests of such persons.
Sec. 42-101. Replacement vehicles.
No motor vehicle shall be operated by a permittee
under this division which was not described in his
application for a permit. Should any such permittee
desire to replace a motor vehicle for which a permit has
been issued under this division, application shall be
made for a permit as in the first instance, in accordance
with this division, to operate such replacement vehicle.
Sec. 42-102. Restrictions on use of vehicles.
All vehicles for which a permit has been obtained
under this division shall be operated solely for the
particular business for which a permit is granted, and
no such vehicle shall be authorized or permitted to be
used by or for any other business, either for hire or
otherwise.
Any bus operated under the provisions of this
Ordinance shall be operated only by a driver or chauffeur
possessing a chauffeur's license issued by the State of
Florida, and authorizing the licensee to drive and operate
such bus. Such driver shall be required to have a City
of Miami Beach Police identification card.
Sec. 42-103. Size of vehicles.
E ach motor vehicle for which a permit is issued
pursuant to this division shall have a capacity of not
less than seven passengers, exclusive of the driver.
Sec. 42-104. Signs on vehicles designating same as
"courtesy" vehicles.
Al1 vehicles for which a permit has been obtained
under this division shall display a sign on both sides
thereof, in letters not less than two inches in h�ight,
designating it as a"courtesy" vehicle for the particular
business under which it is licensed for gratuitous
transportation.
No advertising shall be permitted on any gratuitous
transportation bus, other than the name and address of
the establishment for which such gratuitous transportation
is being rendered.
Sec. 42-105. Exemptions from requirements of division.
A11 churches, synagogues, private schools, the
Y.M.H.A., the Y.W.H.A., the Y.M.C.A. and the Y.W.C.A. are
excluded from the force and effect of this division."
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OFFICE OF CITY ATTORNEY -►1130 WASHtNGTON AVENUE - MIAMI BEA�H, PLORIDA 33139
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� SECTION 2. That all ordinances or parts of ordinances
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in conflict herewith be and the same are
hereby repealed.
SECTION 3. That this ordinance shall go into effect
immediately upon its passage and posting,
as required by law.
PAS SED AND ADOPTED thi s 2nd day of Ju 1 y , 196 9.
Attest:
City Clerk-Finance Director
lst reading - Mayl�, lg6g
2nd read i ng - May 12, 1 g6g
3rd reading - July 2, lg6g
POSTED - July 3, 1g69
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OFPlCE OF CITIf ATTORNEY - 1130 WASHINGTON AVENUE --- MIAMt 9EACH, �LORIDA 33139
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STATE �F FLORIDA
COUNT� OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. �771 entitled:
"AN ORDINANCE AMENDING CHAPTER 42, ARTICLE V, DIVISION 1, OF 'THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA', PERTAINING TO GRATUITOUS
PUBLIC TRANSPORTA TION",
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 3rd day of July, 1969�
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of th� said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
af f ixed the of f icial seal of the City of Miami Beach, F lorida,
on this the 20th day of August, 1969.
City Clerk and Finance Director
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