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Ordinance 1236 ORDINANCE NO. 1236 AN ORDINANCE AMENDING "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950", BY ADDING A NEW CHAPTER THERETO, TO BE NUMBERED CHAPTER 39, AND TO BE ENTITLED "AUTOMOBILE SHIPPERS". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding a new chapter thereto, the same being numbered Chapter 39; being entitled "Automobile Shippers" and reading as follows: "Sec. 39.1 Any person, firm or corporation engaged in the business or occupation, as principal, agent, broker, intermediary or other- wise, or holding himself or itself out by advertisement, solicitation, or otherwise, as being engaged in the business or occupation of receiving and accepting the custody or possession of the automobile or automobiles of another, under any contract, agreement, understanding or arrangement, which provides for the furnishing, procuring or arranging for the transportation or shipment of such automobile or automobiles to an agreed point or destination, by driving the same thereto, under its own power or propulsion, in lieu of the transportation or shipment thereof as freight by any auto transportation company, or common carrier, as the same are defined by Chapters 323 and 350, of Florida Statutes, 1955, shall be deemed to be engaged in the "Automobile Shipping" business, and shall be subject to the provisions of this Chapter. Sec . 39.2 It shall be unlawful for any person, firm or corporation to engage in, operate, or cause to be operated, the business or occupation of "an automobile shipper" in any manner in the City, unless such person, firm or corporation shall have first procured a license therefor from the City Clerk, which license shall be issued upon compliance with the provisions of this Chapter, and upon receipt of the amount required and provided for by Chapter 17 of this Code. Sec . 39.3 No license shall be issued for the engagement in, conduct or operation of the business or occupation of "automobile shipping", unless the proposed licensee : 1. Shall first execute, deliver and file with the City Clerk a good and sufficient surety bond, issued by a surety company authorized to do business in the State of Florida, in the sum of Five Thousand Dollars ($5,000.00) , in form to be approved by the City Attorney to insure financial responsibility in accordance with contracts, agreements or arrangements to be entered into by the licensee in accordance with the terms of this Chapter. 2. Shall submit to the City Clerk a list of locations where the licensee intends to keep such automobiles as it accepts for transportation, which locations shall not be on a city street or city parking lot, which locations may be amended from time to time by filing a notification thereof with the City Clerk. -1- 3. Shall submit to the City Clerk satisfactory proof that it (or if the proposed licensee shall be a corporation that the person who shall manage the affairs and conduct the business of the licensee) has been a resident of the State of Florida for three (3) years immediately preceding the date of filing application, and that it (or if the proposed licensee shall be a corporation that the person who shall manage the affairs and conduct the business of the licensee) has had two (2) years of experience as an automobile shipper or the equivalent thereof in related fields, proof of which may be established by affidavits of the applicant . Sec . 39.4 Upon receiving and accepting the custody or possession of an automobile or automobiles for the purposes herein specified, it shall be the duty of the licensee to issue a receipt therefor to the person so delivering custody or possession thereof. Such receipt need not be in any particular form, but every such receipt must embody within its printed or written terms the following: 1. The place of business of the licensee . 2. The date of the issue of the receipt. 3. A statement where the automobile specified will be delivered to the issuee, and whether to a specified person or to his order. 4. The rate, amount of the cost or charge to be made for the service performed or to be performed, and an acknowledgment of the payment therefor in full, or in part, as the case may be. 5. A description of the automobile delivered and an acknowledgment that it was received in apparent good order except as otherwise specified. 6. A statement of any additional costs, expenses, or advances which may be charged to the entrustor of said automobile, and providing that no additional charge or liability other than specified or enumerated therein shall be made or demanded. 7. The signature of the licensee, which may be by his authorized agent. 8. The licensee may insert in a receipt, issued by him, any other terms and conditions, provided such terms and conditions shall not (a) be contrary to the provisions of this chapter; (b) in any wise impair his obligation to exercise that degree of care in the safekeeping of the automobile and of the property entrusted to him which a reasonable careful man would exercise in regard to similar property of his own. Sec. 39.5 It shall be unlawful for any licensee : 1. To make any charge whatsoever to a driver supplied by the licensee for the privilege of driving the auto- mobile, provided, however, that the licensee may require a deposit from such driver to apply towards the repay- ment of any damage which may be occasioned to the automobile entrusted to such driver. -2- 2. To receive or accept the custody or possession of an automobile or automobiles for the purposes herein specified unless the person delivering custody of such automobile produces proof or certifies that the automobile is covered by insurance of minimum bodily injury liability of Ten Thousand Dollars ($10,000.00) for each person and Twenty Thousand Dollars ($20,000.00) for each accident, and minimum property damage liability of Five Thousand Dollars ($5,000.00) for each accident, and collision or upset coverage for actual cash value less no more than Fifty Dollars ($50.00) deductible, and fire, lightning and theft coverage. 3. To fail to deliver the automobile entrusted to it for the purposes stated herein without the consent of the owner or for good cause . 4. To knowingly allow any driver supplied by the licensee to transport paid passengers in the automobile entrusted to him. 5. To use the words "Bonded driver or Bonded Chauffeur" in any advertising unless the drivers supplied by the licensee are in fact so and the amount of such bond is stated in such advertising; provided, however, that any cash deposit required from a driver supplied by the licensee as security for damage caused to the automobile by the driver shall not be considered as a bond within the meaning of this subsection. 6. To keep cars in locations other than those designated with application for license. 7. To supply any drivers not licensed to operate an auto- mobile . Sec . 39.6 It shall be the duty of every licensee : 1 . To secure identification from every person supplied by it as a driver (including his age) . 2. To refund in full on demand any deposit required of a driver in the event the licensee is unable to provide an automobile as agreed or when the driver for good cause is unable to drive the automobile as agreed. 3. To refund in full such deposit as may be made by the driver upon the delivery by such driver of the auto- mobile entrusted to him to the destination agreed upon, and in the event such driver has caused danage to the automobile for which he is responsible, to refund such part of the deposit as such driver may be entitled to immediately upon the delivery of such automobile to the destination agreed upon. Sec . 39.7 The licensee shall be responsible to deliver the automobile entrusted to it to the destination agreed upon excepting: When the automobile, because of mechanical default or accident not attributable to licensee or his driver, cannot be further transported without repair upon notification of such condition to the owner of such automobile and the refusal of such owner to pay for or agree to pay for such repairs as are necessary to enable the automobile to be further transported. -3- Sec . 39.8 No licensee shall promise a delivery date of an automobile entrusted to it for the purposes stated herein unless such licensee has reason to belifve that such automobile will be delivered within the time stated and in the event the licensee shall be unable to deliver such automobile within said time he shall notify the person to whom such automobile is to be delivered of the impossibility of delivering such automobile within the time agreed upon, and the person entrusting such automobile to the licensee shall thereupon be entitled, if he so desires, to the return of such automobile and any deposit or fee which he shall have paid to the licensee. Sec. 39.9 The City Council may suspend or revoke any license issued in accordance with this Chapter if it finds that the licensee shall have violated any of the terms hereof. Before the City Council shall suspend or revoke such license, it shall fix a time and place for a hearing and shall give the licensee notice thereof by registered mail. Such notice shall be mailed not more than ten (10) nor less than twenty (20) days prior to the date set for hearing. At such hearing licensee shall be privileged to appear in person or by or with counsel and to produce witnesses. Sec. 39.10 In the event that the City Council shall revoke any license issued in accordance with this Chapter, such licensee shall be ineligible to have a license issued to him for a period of one (1) year from the date of such revocation. Sec. 39. 11 Sections 39.4, 39.5, 39. 6, 39.7, 39.8, 39. 9 and 39.10 of this Chapter shall apply to any persons now engaged and/or licensed as an automobile shipper within the terms of this Chapter, or who may hereafter become engaged and/or licensed as an automobile shipper within the terms of this Chapter. " SECTION 2: This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 21st day of November, A.D. 1956. Mayor ATTEST: a/pt.)._ Ci Clerk 1st reading - September 19, 1956 2nd reading - September 19, 1956 3rd reading - November 21, 1956 POSTED - November 27, 1956 STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1236 , entitled: "AN ORDINANCE AMENDING 'THF CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950' , BY ADDING A NEW CHAPTER THERETO, TC BE NUMBERED CHAPTER 39, AND TO BE ENTITT,F,D 'AUTOMOBILE SHIPPERS", 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 27th day of November, 1956 and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 2nd day of January, A.D. 1957 A—alI/ , City • erk i N o, Z3 m 0 N U ri tc$•� O u)= • 4-) r I U2 O 4-3 ;.4 Z O a 4-) P4 a r*a S?,0 d 0 z CO HC3 Z N H H O ri Q N -!-) ori O tZ .� O O F:10 01 E Amo •4-I 4-3 • 0 d = 1