Ordinance 1898ORDINANCE NO. 1898
AN ORDINANCE AMENDING CHAPTER 42,
"TAXICABS AND OTHER VEHICLES FOR HIRE",
OF "THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Chapter 42 of "The Code of the City of Miami Beach,
Florida" be and the same is hereby amended by deleting
Sections 42-1 through 42-46, inclusive, and Sections 42-78 through
42-90, inclusive, in their entirety, and substituting in lieu
thereof Sections 42-1 through 42-13, inclusive, to read as follows:
"Sec. 42-1. Definitions
Except as otherwise defined in this chapter, the following
words and phrases, as used in this section, shall, for the
purpose of this chapter, have the meanings respectively ascribed
to them below:
APPLICANT: Every person who makes application to the City for
a certificate of public convenience and necessity.
DRIVER: Every individual operating a motor vehicle, either as
owner, agent, employee or otherwise, for a Permittee, as
defined in this section.
EQUIPMENT: Any motor -propelled vehicle used as a sightseeing
bus or a taxicab.
PERMIT: A certificate issued by the Police Chief for a taxicab
vehicle, denoting that said vehicle is a taxicab and meets the
vehicular requirements for same and describing said vehicle.
PERMITTEE: Any person who possesses a certificate of convenience
and necessity for operation of a sightseeing bus or a taxicab
granted in accordance with the provisions of this chapter.
PERSON: All persons, partnerships, firms, companies, corporations,
except municipal corporations, and any others whatsoever,
owning, controlling or having charge of a motor vehicle.
STREET: All public streets, avenues, boulevards, alleys,
lanes, highways, sidewalks, parking roads, viaducts, causeways,
hotel and apartment house and condominium and apartment -hotel
driveway ramps, and all other public places and areas used by
and for motor -propelled vehicles designed to transport persons
from one place to another.
TAXICAB: A vehicle which conveys passengers and which is
equipped with a taximeter used to determine a rate of fare
which may be charged passengers, the operation of which is
governed by the provisions of this chapter.
TAXIMETER: A mechanical device which is installed in and
utilized in conjunction with the operation of taxicabs in
accordance with the provisions of this chapter.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"Sec. 42-2. Certificate of Public Convenience and Necessity
for Operation of Taxicabs.
It shall be unlawful for any person to engage in or carry on
the business of operating a taxicab within the City without
first obtaining from the City a certificate of public
convenience and necessity and a vehicle permit required for the
right to operate each vehicle authorized under the certificate.
An application for a certificate shall be prepared in writing,
and filed by the applicant or his duly authorized representative
and by the proper officer thereof if the applicant is a
corporation, and by a member thereof if the applicant is an
association or a partnership, with the City Clerk. The
application shall set forth the following:
Name and local address of applicant;
Names of all officers and directors, if a corporation;
Names of all officers and directors, if an association;
Names of all members, if a partnership.
A showing that the present or future convenience or
necessity requires or will require the operation of a
taxicab or taxicabs under the provisions of this chapter.
A record of all accidents involving property damage
and/or injury to persons in which the applicant has been
directly involved in connection with the operation of a
motor vehicle and which have occurred within the preceding
five (5) years as of the date of the application. Details
to be included are the date(s) of accident, names of
persons involved, amount of any property damage expressed
in dollars, final judgments rendered by the courts in
event of civil and/or criminal actions, location where
accident occurred, and any other pertinent details.
A record of all crimes involving moral turpitude of
which the applicant has been arrested or convicted and
which arrests or convictions occurred during the preceding
five (5) years as of the date of the application. In the
case of a corporate applicant, this information is obtained
from all corporate officers and directors. Applicant's
fingerprints and photograph taken by the Police Department
shall be attached to the application at time of filing.
"Sec. 42-2.1 Issuance of Certificate.
Upon the filing of an application for a certificate the City
Clerk shall forthwith report same to the City Council and the
Council thereupon shall set a time for the hearing of such
application,which shall not be less than five (5) days nor
more than thirty (30) days subsequent to October first of the
year in which the application is filed. An application for a
certificate may only be processed and a certificate issued
after a hearing by the City Council, and notice of such hearing
shall be given to the applicant and to all holders of valid
currently in -force certificates at least five (5) days prior
to the date of such hearing, citing the fact of the filing of
the application, and the time, date and location of the hearing
and in addition, such notice shall also be published in a local
newspaper of general circulation at least once, and at least
five (5) days prior to the date of the hearing, which publication
shall be paid for by the applicant.
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OFFICE OF CITY ATTORNEY -1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"At the time specified in the notice, the City Council shall
hold a public hearing at which time or after the hearing, the
Council, in its exclusive discretion, may issue a certificate
of public convenience and necessity as applied for or may
refuse to issue same, or may issue the same with modification
or upon such terms and conditions as in its judgment the
public convenience and necessity may require; provided that in
granting certificates the Council may consider factors such as
any previous experience the applicant may have in operating a
similar business, as well as any factors which might tend to
qualify or disqualify him as an operator of a taxicab; providing
further, that no certificate shall be issued in excess of one
certificate for each 1200 residents in the City according to
the last preceding official government population census;
provided that such certificates as shall be in force and effect
on the first day of February, 1952, or which shall thereafter
be issued shall remain in full force and effect from the time
of issuance thereof until same are revoked in whole or in part,
or suspended, altered, modified or otherwise changed in accordance
with the provisions of this chapter.
"No certificate may be assigned or transferred without the
consent and authorization of the City Council. A transfer
fee of Fifty Dollars ($50.00) is hereby levied and imposed and
no transfer or assignment of a certificate is effective until
such time as the aforesaid transfer fee has been paid, which
fee shall be paid to the Chief of Police or his designated
representative.
"Sec. 42-2.2. Revocation and Suspension of Certificate.
The Chief of Police or his designate, the City Manager or his
designate, and the City Attorney or his designate, shall
comprise an administrative board of review for the purpose of
receiving complaints or any other information which may provide
good cause for consideration to be given to revoke any certificate
issued under the provisions of this chapter. Good cause shall
be defined as:
Any arrest and conviction of a certificate -holder
for the commission of any felony; or
Arrest and conviction of a certificate -holder for
any crime involving willful conduct in the operation
of a motor vehicle which results in serious injury to
persons or substantial property damage.
Due notice shall be given the holder of any certificate to
appear before this board and to be heard upon any information
which the board has determined provides a requisite good cause
to revoke a certificate. The board shall submit its findings
of fact, including its recommendation as to whether or not a
certificate should be revoked, to the City Council.
The Council shall make a final determination in each case
which the board presents to it no later than thirty (30) days
from the date of receipt of the board's findings. If the
Council acts to revoke any certificate,the former certificate -
holder shall then be given an opportunity to appeal such
decision before the Council during a period not to exceed
sixty (60) days from the date of revocation. Failure of a
certificate -holder to render the service provided for thereby
for a period of one (1) year shall constitute good cause for
the revocation of the holder's certificate.
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OFFICE OF CITY ATTORNEY -1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"Sec. 42-3. Vehicle Operating Permit.
An application for a permit to operate a vehicle as a taxicab
may be filed at any time after the granting of a certificate
of public convenience and necessity and shall be prepared in
written form and submitted to the Chief of Police, setting
forth the following:
That the application for the permit is made in the
name of the certificate -holder and the certificate
therefore has been issued by the City Council and is
currently in full force and effect;
The exact description of the vehicle to be operated
as a taxicab to include manufacturer's name, year
and model type.
All permits issued under the provisions of this section shall
be for a period of one (1) year and shall expire on November
first of the year following that in which they are granted.
Permits are issued by the Chief of Police through his designated
representative upon prompt consideration of the applications
and satisfactory proof that the applicant has properly complied
with all provisions of this chapter and all other City Code
provisions relating to issuance of occupational licenses. All
vehicles shall have four doors and furnish a seat for each
passenger.
"Sec. 42-4. Substitution of Vehicles to be Operated as Taxicabs.
No vehicle shall be operated as a taxicab by a certificate -
holder, his agent or employees, which is not described in his
permit application. An application for a new permit is required
each time a certificate -holder replaces or substitutes a motor
vehicle for which a permit has already been issued. The only
exception to these provisions shall be those situations and
circumstances as described in Sec. 42-4.1.
"Sec. 42-4.1. Emergency Situations of Vehicles Operated as
Taxicabs.
In an emergency situation, with prior notice given and approval
obtained from the Police Department, a certificate -holder may
temporarily, for a period of time not to exceed ten (10) days,
replace a taxicab for which a permit has been obtained previously,
with another vehicle meeting all similar safety and mechanical
standards which apply to taxicabs under this chapter. A
description of the emergency replacement vehicle shall be given
to the Police Department prior to the placing into service of
the replacement vehicle. Any vehicle so engaged in service,
with the approval of the Police Department, as an emergency
replacement, shall be withdrawn immediately upon a return to
service of that vehicle which had been temporarily withdrawn
but in any event, within the ten-day period. An emergency
situation is considered as one where a vehicle may not be
used in service due to mechanical breakdown or substantial
damage such as that which results from a collision. In all
cases it shall be the determination of the Police Chief,
through his designated representative, as to whether or not a
bona fide emergency situation exists which justifies temporary
replacement of a taxicab.
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OFFICE OF CITY ATTORNEY -1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"Sec. 42-5. Vehicles for which Permits may not be Issued.
No permit shall be issued, and it shall be unlawful for any
motor vehicle to be operated as a taxicab within the City, if
(1) it has ever been used as a taxicab in another State;
(2) it has ever been used as a police car;
(3) it be more than five (5) calendar years old.
In addition, no permit shall be issued for any motor vehicle
to be operated as a taxicab within the City unless such vehicle
is equipped with an operational and mechanically sound auto
air -conditioner.
"Sec. 42-6. Insurance.
It shall be unlawful for any certificate -holder, his agents or
employees, to drive or operate any taxicab, or allow the same
to be driven or operated in the City, unless there is in full
force at all times in which such taxicab is being driven or
operated, insurance in the sum of Fifty Thousand Dollars
($50,000.00) for injury to any one person; One Hundred Thousand
Dollars ($100,000.00) for injury to more than one person in
the same accident; and Five Thousand Dollars ($5,000.00)
property damage in any one accident, written by an insurance
company duly licensed to engage in the sale of liability
insurance in the State of Florida, a copy of which policy
shall be filed with the City of Miami Beach Police Department,
and shall agree to provide the City with a minimum of thirty
(30) days` notice of cancellation and which shall inure:
(a) to the benefit of any passenger in such taxicab
who may receive bodily injuries, and to the heirs or
legal representatives of any passenger who may suffer
death by reason of the negligence or misconduct on
the part of the certificate -holder or driver of such
motor vehicle for hire;
(b) to the benefit of any individual who may receive
bodily injuries and to the heirs or legal representatives
of any individual who may suffer death by reason of the
negligence or misconduct on the part of the certificate -
holder or driver of such vehicle;
(c) to the benefit of any individual who may sustain
damage by reason of any injury to his property due
to the negligence or misconduct of the certificate -holder
or driver of such motor vehicle.
"Sec. 42-7. Posting of Rates.
A schedule of rates authorized by the City Council to be
charged for passenger transportation services within the City
of Miami Beach shall be posted by the certificate -holder on
each vehicle licensed as a taxicab. The certificate -holder may
also post a schedule of flat rates to be charged passengers for
transportation services outside the limits of the City of Miami
Beach, provided that such rates have been filed with the Police
Department. In all cases, approved and authorized rates and
schedules shall be posted on the outside of the vehicle on
both right and left sides in letters and numerals sufficiently
large and in contrasting color to the vehicle so as to be
easily read from at least ten (10) feet. The approved rate
schedules shall also be posted, together with any other rates
on file with the Police Department, on a card mounted on the
back of the front seat and easily readable by the passengers.
No rate or charge schedules except as provided for herein
shall be posted anywhere on or in the vehicle.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"Sec. 42-8. Medallion.
A medallion consisting of a durable paper emblem shall be
issued with each permit and shall be affixed to the inside of
the rear window of the taxicab by the Chief of Police or his
designated representative at the time of issuance of the vehicle
permit. The permit police identification number shall be
prominently displayed by the certificate -holder in numerals at
least four (4) inches in height on each front fender of the
vehicle together with the letters "MB", which letters shall
correspond in size with the size of the numerals, preceding
the permit identification number.
"Sec. 42-9. Regulations Governing Taxicab Operations.
The following are regulations governing the operation of
taxicabs and violations of any of these regulations are unlawful
and will subject the driver and/or certificate -holder to
penalties, as provided for by provisions of this chapter.
1. Drivers shall not use any intoxicating beverages, drugs
or any other substance which tend to diminish, decrease or
otherwise interfere with the driver's normal abilities to
properly, safely and efficiently operate his vehicle.
2. Drivers shall keep all vehicle doors closed while the
taxicab is parked at a cab stand, except for one door on the
passenger side which shall not be fully extended so as to
block the pedestrian way.
3. Drivers shall not engage in any unlawful activities and
shall not participate in, or otherwise assist any person or
persons who may be engaged in unlawful activities.
4. Drivers shall not, while engaged on active duty, leave
their vehicles on a taxicab stand unattended by them personally,
so as to impede the orderly progress of the feedline.
5. While in a feedline, no driver shall move into a position
placing said driver ahead of any other taxicab already in line.
6. Drivers shall not engage in any behavior or conduct which
creates a disturbance or which produces any disorder or breach
of the peace while on duty.
7. Drivers shall turn in to the Police Department as soon as
practicable, any and all articles which may have been left in
their taxicabs and which are the property of persons other than
the driver, his employer or his relatives or close personal
acquaintances.
8. Drivers shall place an "Out of Service" sign, which sign
shall be clearly readable from a distance of at least ten (10)
feet by persons possessing normal visual acuity, such sign to
be located in a prominent place in or on the taxicab, during
the entire period of time said taxicab is actually out of
service; however, "Out of Service" signs shall not be placed
on any taxicab which is located in or at a taxicab stand or
any area posted with a sign, upon authority of the Police
Department, to the effect that such area is to be utilized
as a taxicab stand.
9. Drivers shall not operate their taxicabs unless the taximeter
is operational and in good mechanical condition with the seal
intact.
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OFFICE OF CITY ATTORNEY -1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"10. Drivers shall immediately report all accidents involving
their taxicabs to the Police Department.
11. Drivers, while on duty, shall be attired in acceptable
dress, neat and well-groomed, said clothing standards to be
reasonable and to be prescribed by the Chief of Police.
12. Drivers shall immediately upon the completion of each trip,
write down the time, location, destination and amounts on their
"Trip Sheet".
13. Drivers shall not park, or attempt to park, any more
vehicles on a taxicab stand than the number which has been
designated by the Police Department for that stand, and
"Feed Lines" shall not be formed unless the Police Department
has so authorized it.
14. Drivers shall not solicit passengers by any means and may
not use horns, bells, whistles or other audible signals to
call to people.
15. No taxicab vehicle may be operated while any baggage is
on the roof portion of the vehicle.
16. Drivers shall not solicit passengers for hotels, nightclubs,
restaurants, bars or any other business establishments. Drivers
may not provide payment for nor may they exchange anything of
value for the privilege of obtaining customers for their taxicab
service. Wherever a business or commercial residential
establishment maintains an authorized taxicab stand, drivers
may not book jobs and thereafter pick up customers at or
immediately adjacent to the taxicab stand.
17. No one may reconstruct, alter, modify, add to or otherwise
change the body seating arrangement of any taxicab after a
permit to operate same has been granted, without applying for
and obtaining the consent of the Chief of Police to do so.
18. No vehicle shall be operated as a taxicab unless the
interior thereof is clean and free from all ripped and torn
upholstery, exposed edges, unsightly damage therein and free of
dirt, refuse or debris. Each vehicle shall be appropriately
painted, free from dents, equipped with hub caps or wheel covers
for each and every operating wheel, and all windows and glass
surfaces are to be clean at all times and free of any defects,
cracks or faults. The vehicle shall meet or exceed mechanical
safety conditions required by the State of Florida for the
issuance of a valid vehicle inspection sticker.
19. Each association of certificate -holders and each independent
certificate -holder shall have an exclusive color combination as
authorized by the Police Department for the purpose of displaying
its name and telephone number conspicuously on the rear and
both sides of the exterior of each vehicle licensed as a taxicab.
Persons operating taxicabs are not permitted to advertise or
solicit business which tends to confuse or mislead the public
as to the true nature of his business as a taxicab operator.
Any advertising which is exhibited on the outside of the vehicle
must be placed at the rear, firmly affixed thereon or at the
top, but in no event may any sign extend more than fourteen (14)
inches above the roof and no sign shall obstruct or in any way
interfere with the vision of the driver in any direction and may
not extend out beyond the sides of the vehicle.
20. All drivers shall notify the Police Department immediately
upon any change of address or employment.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"21. No driver shall have in his possession, in or about the
vehicle, any firearm, switchblade knife, blackjack or other
deadly weapon while he is operating the vehicle.
22. No driver shall collect fares or compensation for trans-
portation services greater than the rate stated in the notice
required herein to be placed upon the vehicle, nor may any
driver collect any additional payment for transporting any
baggage which accompanies the passenger, with the exception that
this provision shall not apply to gratuities, nor shall the
words "fares" or "compensation" be construed to include gratuities.
23. No driver or operator of any taxicab shall refuse or
neglect to convey any orderly person upon request anywhere
within the City for and in consideration of the rates of
compensation set forth in this Article, provided that such
taxicab shall not have been previously engaged at the time of
such request or such taxicab is not disabled in such manner
that it is unable so to convey the person requesting such
transportation.
24. Every driver of a taxicab licensed in the City shall
maintain a daily record of all trips made each day, showing the
time and place of origin and the destination of each trip and
the amount of fare, such record to be made at the completion
of each trip. The completed trip sheet(s) shall be returned
by the driver to the permittee at the conclusion of his tour
of duty. The permittee shall retain and preserve all such
drivers' trip sheets in a safe place for at least ninety (90)
days. Such trip sheets shall be available for inspection by
the duly authorized representatives of the Police Department
at all times.
25. The license and photograph of each licensee under this
Article shall be displayed in plain view of all passengers in
his vehicle at all times.
"Sec. 42-10. Rates Established.
Any person operating or controlling a taxicab within the
meaning of this Article shall, for each and distinct period
of employment, make charges based upon rates as follows:
(a) Fifty cents (50¢) for the first one-fifth (1/5)
of one mile, and Ten Cents (10¢) for each additional one-fifth
(1/5) of one mile or any part thereof thereafter.
(b) For each one (1) minutes of time or any part thereof
in which any taxicab shall be stopped and not in motion for
any reason whatsoever, other than on account of the inefficiency
of such taxicab or the operation thereof, a charge of Ten Cents
(100) shall be made.
(c) The rates set forth in this section shall apply
regardless of the number of passengers carried.
(d) Notwithstanding any provision in this section to the
contrary, whenever in the determination and judgment of the
City Council a public emergency shall be created or exist in
the City, causing or tending to cause a disruption or breakdown
in public transportation, the City Council may, by resolution,
authorize, empower and direct the City Manager to forthwith
establish or promulgate by official order, a plan or system
whereby the City shall be divided into zones or sectors, and
to designate total flat rate charges which may be made for the
transportation of each passenger, exclusive of luggage or
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OFFICE OF CITY ATTORNEY -1130 WASHINGTON AVENUE -MIAMI BEACH, FLORIDA 33139
"baggage within each such zone or sector and between such zones
or sectors. Copies of such official order shall be delivered
to each person holding a permit for the operation of a taxicab
within the City. The provisions of such official order shall
remain in force and effect until such time as the City Council
shall determine by its resolution that such public emergency
no longer exists.
"Sec. 42-11. Taxicab Equipment.
1. Taximeter. Each taxicab shall be equipped with a functional
taximeter, which device calculates the distance
and time of operation of the vehicle and is attached by gears
or other suitable mechanical means to the vehicle in such a
manner that the indicator on the meter face registers the
accurate fare for the distance covered upon setting the
authorized rate to be charged. Each taximeter shall be visible
to the passengers at alltimes,illuminated at night, and be
equipped with an arm, flag or lever to be used by the driver
to actuate the taximeter for the purpose of calculating the
fare for the distance traveled each time a taxicab is employed
in service. A vehicle may not be used in service_if the
taximeter is not operational. Whenever a taximeter has been
repaired, adjusted or otherwise altered as to its mechanical
components, it is subject to immediate reinspection before the
taxicab may be placed again in service. The Chief of Police
or his duly authorized representative is empowered to conduct
periodic inspections of taximeters and may order the withdrawal
of any taxicab from service if there is any substantial deviation
from the calculations registered by the taximeter from a
factual determination of what the accurate and proper registration
should have been.
2. Top "Tattle -Tail" Lights. Each taxicab shall be equipped
with a set of lights mounted on
the top center of the vehicle; a centrally -mounted white light
and an amber or green light on top of it or two amber or green
lights, one on each side of the white light. Whenever the
taxicab is employed in service, simultaneously with the lowering
of the lever, arm or flag attached to the taximeter, the green
or amber light(s) shall be illuminated and the white light shall
not be on. When the taxicab is not employed in service by a
passenger, the white light shall be illuminated as a signal to
the general public that the taxicab is available to provide
transportation service. All these lights, when illuminated,
shall be visible for 360° and for a distance of a minimum of
three hundred (300) feet.
3. Driver's Identification Display Rack. Each taxicab shall
be equipped with a
metal or plastic display rack mounted inside the taxicab in
such a manner as to be within the view of any passenger sitting
in the passenger compartment of the vehicle. The rack shall
contain the driver's taxicab license, his photograph and the
taxicab permit, and shall contain an illumination device so
these items are clearly visible at all times during operation
of the vehicle. The driver's photograph shall accurately
portray the driver as he presently appears and said photograph
shall be at least four inches by four inches (4" x 4") in size,
which dimensions shall be taken from the neck to the top of the
head and from ear to ear. The dimensions overall of the display
rack shall not be less than twelve inches by four inches
(12" x 4"), and the items displayed therein shall be covered
either by clear glass or a clear plastic or other transparent
material.
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OFFICE OF CITY ATTORNEY -1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"4. Vehicle Inspection. The Chief of Police or his designated
representative shall conduct a minimum
of two inspections annually of all vehicles licensed by the
City as taxicabs to determine that the vehicles and all items
of equipment thereon are in proper working order and in full
compliance with the provisions of this chapter. The Chief of
Police may order withdrawal of any vehicle operated as a taxicab
at any time when, in his determination, said vehicle fails to
meet the aforesaid standards and said vehicle may not be
returned to operation or service until upon reinspection by the
Police Department the vehicle shall comply with the provisions
of this chapter.
Sec. 42-12. Taxicab Operator's License.
It shall be unlawful for any individual to operate a taxicab
in the City unless he shall have first obtained a taxicab
operator's license issued by the Chief of Police through his
designated representative, and paid the required license fee,
the amount of Five Dollars ($5.00), which payment shall be made
at the time he is fingerprinted and photographed by the Police
Identification Bureau, Two Dollars ($2.00) of which fee shall
be credited towards payment of the civilian registration card,
and the remaining Three Dollars ($3.00) credited towards payment
of the operator's license. Payment of said fee shall in no
way obligate the City of Miami Beach by and through its authorized
agents to issue a taxicab operator's license to any individual
who fails to comply with all application procedures or otherwise
fails to qualify for the issuance of a taxicab operator's
license, and no refunds of any license fees paid pursuant to
this Article by any applicant or a holder of a license shall
be made for any reason. The taxicab operator's license shall
be valid for a period of one calendar year from the date of
issuance and each holder thereof shall renew said license by
personally appearing before the designated representative of
the Police Chief and by making payment of the license fee in
the amount of Three Dollars ($3.00), which payment shall be
made no sooner than thirty (30) days prior to the date of
expiration of said license, but no later than thirty (30) days
following the date of expiration of said license.
1. Application. Each applicant for a taxicab operator's
license shall undergo a physical examination prior to the
issuance of any such license. A form supplied by the Police
Department and given to the applicant shall be completed by
any Florida -licensed physician and returned to the Police
Department. The applicant shall also complete in writing a
standard application form, such form to be furnished by the
Chief of Police or his designated representative, which shall
state the following:
(a) The name and address of the applicant.
(b) The length of time the applicant has resided in
the City.
(c) The age of the applicant.
(d) A statement indicating whether the applicant has
ever been arrested or convicted of a crime and if so, the date
of conviction, nature of the charge or charges, and the
disposition by any court having jurisdiction of the cause.
(e) A listing of three (3) personal references.
(f) A statement to the effect that the applicant has
read, understands and agrees to comply with all the provisions
of this chapter.
(g) Upon filing of the application for driver's license
and the affidavit in support thereof, the Police Chief shall
cause three sets of fingerprints and photographs to be made --
one set to be sent to the Federal Bureau of Investigation, one
set to be kept at the Police Station, and one photograph and set
of thumbprints attached to the license.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"2. Qualifications. No applicant shall be granted an operator's.
license unless it shall first be determined that he possesses
the following qualifications:
(a) Good physical condition to include the full use of
all physical resources which enable him to operate a vehicle
in a safe and proper manner.
(b) Possession of a currently valid chauffer's license
issued by the State of Florida.
(c) Attained age of at least twenty-one (21) years old
as of last birthday.
(d) Thorough working knowledge of the operation of a
taxicab, including all mechanical and other equipment normally
attached to or otherwise made a part of such a vehicle.
(e) A thorough familiarity with and a knowledge of the
laws of the streets and roadways within the City.
3. Suspension or Revocation of License. The Chief of Police
is hereby given the authority to suspend for a period of not
more then sixty (60) days or to revoke, after giving due notice
to any driver of a taxicab, any license to operate a taxicab
which was previously issued under the provisions of this chapter
upon proof that the driver:
(a) has been convicted in court for the violation of
any provision of this chapter; or
(b) has been convicted in court for a violation of the
Traffic Code of Metropolitan Dade County; or
(c) has obtained such a license by omitting or falsely
stating material representation in the application for such
license; or
(d) is infirm in body or mind to such an extent as to
affect his ability as such a driver; or
(e) is unfit to operate such a vehicle because he is
addicted to the use of drugs or intoxicating liquors; or
(f) has committed an offense which would be a ground for
refusal of the application to operate a taxicab in the City.
A suspension or revocation under this section shall be subject
to appeal to the City Council within thirty (30) days from the
effective date of such suspension or revocation.
4. Occupational License. Each person who engages in the business
of operating a taxicab shall apply to the City Clerk for the
issuance of an occupational license and shall pay the required
license fee as set forth in Chapter 20 of the City Code, said
license to be in addition to any other license or certificate
which is required pursuant to this Article.
5. Return to Service After Hospitalization. In the event any
driver is hospitalized for any cause, upon discharge from said
hospitalization the driver shall, prior to resuming his duties
as an operator of a taxicab in the City, provide to the Chief
of Police through his designated representative, a written
authorization by a Florida -licensed physician which states in
essence therein that the driver possesses the necessary
physical ability to engage in his occupation as a taxicab driver.
Sec. 42-13. Penalties for Violations.
Violation of any of the provisions of this chapter shall
subject the driver and the certificate -holder, or both, to
penalties as provided in Section 1-8 of the Code, except that
a City police officer may, in his discretion and in consideration
of all the circumstances surrounding the alleged violation,
-11-
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"permit the person so charged to waive his appearance in court
to answer the charge and, instead, to enter a plea of guilty
to the violation in the City of Miami Beach Municipal Court
and agree to pay a fine of Three Dollars ($3.00) for each such
violation charged by the officer. In the event the officer,
in his discretion, determines that a court appearance is
required, the officer may, in consideration of all the
circumstances surrounding the charge or charges, waive the
requirement on the part of the person so charged to post an
appearance bond upon the pledge of the individual that he will
appear in court to answer the charge on the date and time set
for such hearing."
SECTION 2: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3: In the event any section, sub -section, sentence, clause
or phrase of this chapter shall be adjudicated invalid
or unconstitutional, such adjudication shall in no manner affect the
other sections, sub -sections, sentences, clauses or phrases of
this chapter, but they shall be and remain in full force and effect
as fully as if the section, sub -section, sentence, clause or phrase
so adjudicated invalid or unconstitutional was not originally a
part hereof.
SECTION 4: This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED AND ADOPTED this 20th day of October, 1971.
Attest:
Xit,W84LiLt.—,_—
y Clerk -Finance Director
1st reading -
2nd reading -
3rd reading -
POSTED
October 6, 1971
October 6, 1971
October 20, 1971
- October 28, 1971
-12-
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
STATE OF FLORIDA
COUNTY 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. 1898, entitled:
AN ORDINANCE AMENDING CHAPTER 42, "TAXICABS AND OTHER VEHICLES
FOR HIRE", OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA".
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 28th day of
October, 1971,
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 8th day of December, 1971.
City Clerk and Finance Director
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