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Ordinance 1397ORDINANCE NO. 1397 AN ORDINANCE AMENDING CHAPTER 35 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950". WHEREAS disruptions of, or breakdowns in, public transportation usually cause or create a state of emergency during which the public is compelled to resort to improvised and unregulated means of transportation, and WHEREAS during such states of emergency numerous persons engage in the practice of operating private motor vehicles in the public streets, and hold themselves out, by advertisemAnt, solicitation, or otherwise, as offering wholly gratuitous transportation to the public, and WHEREAS the City Council of the City of Miami Beach, during the existence of any public emergency in the field of public transportation favors any means of transportation which minimizes the impact thereof, provided only that a measure of reasonable protection be afforded for the safety and protection of the public, and WHEREAS such transportation is frequently not actually gratuitous, but constitutes transportation for compensation expressly or impliedly solicited in the form or guise of "tips" orlSgratuities", and WHEREAS the identity of such operators is frequently unknown, and their qualifications to engage in such operation may reasonably be open to doubt, and WHEREAS the motor vehicles so used are inadequately insured for or during such operation, and WHEREAS the express or implied approval or condonation by the City Council of such practice reasonably tends to instill in the public the belief that its safety during such transportation is assured, and that in the event of injuries, accident or mishap, it has adequate recourse against such operators, but in truth and in fact such belief is unjustified, and WHEREAS for the reasonable protection of the public it is the duty of the City Council to regulate and control such operations, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 That Chapter 35 of "The Code of the City of Miami Beach, Florida, 1950", is hereby amended by adding a new section thereto immediately following Section 35.82 thereof to be numbered and to read as follows: -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "Section 35.83. (a) It shall be unlawful for any person to engage in the practice of transporting, or offering to transport, the public, where such transportation is held out, by advertisement, solicitation, or otherwise, to be gratuitous, without first obtaining a permit to do so as hereinafter provided for. (b) Any person desiring to engage in the practice of such transportation shall apply to the City Manager for a permit so to do. Such application shall be filed in writing with the City Manager, and shall be verified by the oath of the person making such application as to the truth of the statement contained therein; if a natural person, by such person; if a corporation, by an officer thereof; if a partnership, by a member thereof. Such application shall set forth the following: (1) The name and address of the applicant and the names and addresses of its officers, if any.. (2) The name of the owner, make, year, manufacturer, model, serial number, State license number and the seating capacity of the motor vAhicle proposed to be operated by the applicant. Satisfactory proof must be submitted by the applicant that there is in full force and effect a policy of liability insurance on each motor vehicle so operated with a reliable insurance company regularly and generally engaged in the conduct of a liability insurance business,duly licensed by the State of Florida, insuring the applicant in the sum of $10,000.00 for injury to any one person; $20,000.00 for injury to more than one person in the same accident, and $1,000.00 property damage in any one accident. Said policy of insurance shall expressly provide that the provisions of Section 320.59, Florida Statutes 1959, commonly known as the `Guest Passenger Statute',may not, and will not, be invoked to deny liability thereon. Satisfactory proof shall also be submitted that each motor vehicle proposed to be operated has been issued a current motor vehicle inspection sticker either by the County of Dade or by the City of Miami Beach. The City Manager shall consider all such applications for such permit, and may, if deemed advisable, summon and examine the applicant in regard thereto. The City Manager, in granting or denying such application, shall take into consideration the qualification of the applicant, fitness of the motor vehicle proposed to be operated under such permit, and the compliance or non-compliance with the requirements herein provided. (3) Such application shall set forth a waiver by the applicant of any right to deny liability to any passenger by reason of Section 320.59, Florida Statutes, 1959. -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "(c) Such applications may be filed only during the existence of a public emergency found and declared by resolution of the City Council to exist in the field of public transportation, and any permit issued hereunder shall be valid only during the existence of such public emergency. Upon approval of the City Manager, as herein provided, a permit shall thereupon be issued by the City Manager, in substantially the following form: 'Gratuitous Public Transportation Motor Vehicle Permit, No. City of Miami Beach. Dated , 19T Permission is hereby granted to , Permittee, to operate the following Motor Vehicle (Description of Motor Vehicle) for gratuitous public transportation in accordance with the provisions of Section 35.83 of "The Code of the City of Miami Beach, Florida, 1950". This permit is non -transferable and is valid only during the period of the existence of a public emergency, as proclaimed by the City Council of the City of Miami Beach to exist in the field of public transportation, and is of no force and effect upon the termination thereof. CITY OF MIAMI BEACH By City Manager' (d) Upon issuance of the permit provided for Herein, i herein, it shall be the duty of the Chiu 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 said 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. -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "(e) The City Manager shall, upon the submission of proof of the permittee's failure to fully comply with the provisions of this ordinance, revoke such permit immediately and forthwith. (f) Nothing herein contained shall be deemed to apply to, or govern any person or persons offering or furnishing gratuitous transportation as a casual or isolated incidentto the normal operation of a motor vehicle." SECTION 2 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 The health and welfare of the City being in peril, the three readings of this ordinance shall be had in one session and the City Council finding that this ordinance is necessary for the immediate protection of its citizens, it shall therefore go into effect immediately upon its passage. PASSED AND ADOPTED this 14th day of October, 1960. Attest: It& e City Cle 1st reading 2nd reading 3rd reading POSTED - October 14, 1960 - October 14, 1960 - October 14, 1960 - October 14, 1960 -4- Mayor OFFICE OF CITY ATTORNEY - CITY HALL - MIAIYII BEACH 39, FLORIDA 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. 1397, entitled: "AN ORDINANCE AMENDING CHAPTER 35 OF 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" 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 14th day of October, 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 7th day of December, 1960. ORDINANCE NO. 1397 v tap 1 � �n r cam • co a) • crl cd 1 H tap fa, O cd ti -I rl S-, rc:iObp • v-1 cd • ;-, cd •C d f�,