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Ordinance 1372ORDINANCE NO. 1372 AN ORDINANCE AMENDING "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950", BY ADDING A NEW CHAPTER THERETO, TO BE NUMBERED CHAPTER 41, AND TO BE ENTITLED:"GRATUITOUS PUBLIC TRANSPORTATION", AND REPEALING ORDI- NANCE NO 1355. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. It shall be unlawful for any person to use or operate, or to cause, authorize, direct or engage any other person, firm or corporation to use or operate any motor vehicle within the City to or from any place of business or public enter- tainment, where such transportation is, or held out, by advertise- ment, 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 transportedTo patronize such place of business or public enter- tainment, without first having obtained a permit to do so as provided in this chapter. SECTION 2. An application for a permit hereunder shall be filed in writing with the City Manager, which 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 names and 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 pro- posed to be operated by the applicant, and its seating capacity. Satisfactory proof must be submitted by the applicant that there is in full force and effect a policy of insurance meeting the requiremextsof Section 35.13 of the Code of the City of Miami Beach, Florida, as amended. (c) The proposed regular routes over which the applicant desires to operate, and the locations of the proposed terminals to be established on any highway, thoroughfare, street or other public way within the City. (d) The name of the establishment or such business or public entertainment for which the permit for gratuitous public transportation is sought. SECTION 3. The City Manager shall consider all such applications for such permits, and may, if deemed advisable, sum- mon and examine the applicant in regard thereto. The City Manager shall then file with the City Council, his recommendations as to whether permit shall or shall not be granted. In all such cases a majority vote of the Council shall be necessary to grant such a permit. The Council, in granting or denying such permit, shall take into consideration existing traffic conditions on the proposed route or mutes set forth in said application, and the effect of the proposed terminals upon prevailing traffic conditions, and the safety of vehicular traffic and pedestrian traffic. -1- (a) Each of such applications shall be accompanied by a certified check for $50.00, made payable to the City of Miami Beach, representing the fee for such permit when granted. No more than two (2) gratuitous public trans- portation permits will be granted to one applicant for one establishment or such business or public entertainment. (b) Each permit granted hereunder will be for one motor vehicle, and no more than two (2) such permits will be granted to any one applicant. (c) A11 such applications shall be filed during the month of October of each year, save and except for the months of February through September of 1960, for which period the ap- plications will be filed within thirty (30) days from the date that this ordinance goes into effect, the fees to be prorated accordingly. (d) All vehicles licensed hereunder shall be operated solely for the particular business for which a permit is granted, and no such vehicle license hereunder shall be authorized or permitted to be used by, or for any other business or businesses either for hire or otherwise. (e) All vehicles licensed hereunder shall display a sign on both sides thereof, in letters not less than two inches in height, designating it as a courtesy vehicle for the particular business under which it is licensed for gratuitous transportation. SECTION 4. Upon approval of the City Council as herein provided, a permit thereupon 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 ,Permitee, 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 41, of "The Code of the City of Miami Beach, Florida, 1950", as amended, from and to the following terminals and on regular routes as follows: From and to Regular Routes This permit shall expire on the 31st day of October, 19 unless sooner revoked, and is non -transferable. CITY OF MIAMI BEACH By: City Manager" -2- Each motor vehicle licensed hereunder shall be of not less than 7 -passenger capacity, exclusive of driver. The original of the Hermit shall be filed in the office of the City Clerk, and a copy thereof shall be issued to the applicant. All permits granted hereunder shall expire on the 31st day of October following the year in which such are granted; and it shall be unlawful for any person to operate any motor vehicle enumerated therein, for the said purpose after the revocation or expiration of said permit. (a) All permittees hereunder shall operate over such routes and from and to such terminals as are set forth in the application. SECTION 5. Upon issuance of the permit provided for herein it shall be the duty of the Chief of Police to issue, in duplicate, a record card for each motor vehicle to be operated pursuant to said 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 delivered to the permittee, who shall attach the record card to the motor vehicle described therein, and which 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. SECTION 6. No motor vehicle shall be operated by the permittee not described in his application for a permit, and should the permittee desire to replace a motor vehicle licensed hereunder, application must be made for a permit, as in the first instance, in accordance with this chapter, to operate such replacement save and except all churches, synagogues, private schools, YM and YWHA, YMCA and YWCA, are hereby excluded from the force and effect of this ordinance. (a) There shall also be exempted from the force and effect of this ordinance, any and all charter or for hire buses duly licensed as such, used by any hotel or organization for its guests or members. SECTION 7. Any person, firm, partnership or corporation operating a gratuitous transportation service in the City of Miami Beach shall be required to fully comply with the provisions of this ordinance; and no permit for gratuitous transportation will be granted to serve any business which is located beyond the corporate limits of Miami Beach. SECTION 8. provisions SECTION 9. repealed. SECTION 10. PASSED ATTE The City Manager shall, upon the submission of proof of the permii`tee's failure to fully comply with the of this Ordinance, revoke such permit. Ordinance No. 1355 and all ordinances or parts of ordi- nances in conflict herewith be and the same are hereby This ordinance shall go into effect immediately upon its passage and posting as required by law. and ADOPTED THIS 17thday o February Mayor City/ rk 1st reading - January 6, 1960 2nd reading - January 6, 1960 3rd reading - February 17, 1960 POSTED - February 17, 1960 -3- 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.1372 entitled: "AN ORDINANCE AMENDING 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950', BY ADDING A NEW CHAPTER THERETO, TO BE NUMBERED CHAPTER 41, AND TO BE ENTITLED: 'GRATUITOUS PUBLIC TRANSPORTATION', AND REPEALING ORDINANCE NO. 1355'", 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 17th day of February, 1960, 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 20th day of April, 1960. City erk ORIGINAL r1 O 4 ) 4) N S-4 L� O m Q, Cd 0 4-3 cti ORDINANCE NO.