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Ordinance 80-2225ORDINANCE NO. 80-2225 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE I AND II OF CHAPTER 42 OF THE MIAMI BEACH CITY CODE ENTITLED "TAXICABS AND OTHER VEHICLES FOR HIRE" SO AS TO PROVIDE NEW DEFINITIONS; CHANGING TO "CITY COMMISSION" ALL REFERENCES TO "CITY COUNCIL"; REQUIRING APPLICATION FEE FOR CER- TIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING FOR COMPLIANCE WITH INSURANCE REQUIREMENTS; PROVIDING FOR THE SUSPENSION OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR GOOD CAUSE; ESTABLISHING NEW FEE SCHEDULES FOR THE ANNUAL RENEWAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, OR AN ASSIGN- MENT OR TRANSFER THEREOF; ESTABLISHING A FEE SCHEDULE FOR VEHICLE OPERATING PERMIT; CHANG- ING THE TITLE OF "TAXICAB OPERATOR'S LICENSE" TO "CHAUFFEUR'S REGISTRATION"; PROVIDING PENALTY FOR DELINQUENT CHAUFFEUR REGISTRATION; PROVIDING SEVERABILITY; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Article I, Sec. 42-1, of the Code of the City of Miami Beach, Florida, is hereby amended 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. Certificate. A certificate of public convenience and necessity authorizing the holder thereof to engage in providing the transportation services described thereon. Chauffeur. Every individual who drives a motor vehicle and who has registered with the city as a public chauffeur. 9e4 ee- Evee + 444.+ epeeat4r3g a xtetet ei-tIef as ewftetT age►tt e>tlp+epee et ettet=w4seT fat a petm4.ttee7 as def4met Ort tt s seet4ert- Equipment. Any motor -propelled vehicle used as a sightseeing bus or a taxicab. Permit. A eeet4€4eate 4-sstteei by tte pel4ee e44 -e€ fat a tate4eae aet4e+e7 derfet4rig that sttet 'et4eie }s a tatr4eat am -6 Meets the yet4es+ae eegs4temerrts €at= the sane aftd deseei-e}rtg the vet4e4e- An operating permit authorizing the holder thereof to utilize the motor vehicle described in said permit for the transportation of passengers as authorized by a certificate issued pursuant to this article. Petm4ttee: Atte persalt wte pessesses a eeeti-€i-eate e€ eartvert}ertee artei neeess4tp €er eperati-est e€ a si-gttseei-rtg ass et a tam ealr, grantees ori aeeere}ar3ee w4t4 the p;Keit4s4-arts ef tti-s etaptefr X OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 Person. All persons, partnerships, firms, companies, corporations, except municipal corporations, and any others whatsoever, owning, controlling or having charge of a motor vehicle. Registration. A chauffeur's registration authorizing the holder thereof to operate for -hire vehicles subject to the provisions of this article. 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. (Ord. No. 1898, Sec. 1) SECTION 2: That Article II of Chapter 42 of the Code of the City of Miami Beach, Florida, is hereby amended to read as follows: "Sec. 42-2. Certificate of public convenience and necessity - Required; application. 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 con- venience and necessity and a vehicle permit required for the right to operate each vehicle authorized under the certificate. (a) An application for a certificate under this article shall be prepareel in wr i t i ngT art6 €€4eei the app r4eartt et h€s eitti' anther€tee} represerttat€yeT artel by the preper a€€€eer theree€ 4€ the app+4east 4s a earperat}artT artei by a mer leer theree€ €€ the app+€earn €s as assee€at€as at a partrtersh}p; w4th the e€tp a+erle- signed and sworn to by the applicant, and shall be filed with the chief of police or his designee. The application shall be on a form provided by the Chief of Police and shall contain set €erth the following: Fume art4 €eee+ tteeiress e€ app1-4eart- Nftmes e€ e++ e€Beers aaei ei4teetersT €€ a earperat€ert- Names e€ a++ e€€€eery arse} 64teeters; €€ of assee€at4er3- Names e€ a++ memersT €€ a partrtersk}- A spew}rte} that the present at €torte eerraerr}ertee et feeess€ty recur}res et w4+4. reprl€re the eperat€ert e€ a tax€eah er tape#etas sneer the prat(}s+arts e€ th€s ehapter (1) If the applicant is an individual, the name, age and address of the applicant and the length of time the applicant has resided at such address; if a partnership, the business name of the partnership, the name, age and address of each partner and the length of time each partner has resided at such address; if a corporation, the names and addresses of its principal officers and the names and addresses of all directors thereof. XX -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 XX (2) The class of transportation service which the appli- cant desires to furnish, whether taxicab, for -hire or sight- seeing, the number of vehicles, a brief description of the kind and type of vehicle, the seating capacity of the vehicle, the seating arrangement and the size and gross weight thereof. (3) The names and addresses of at least two residents of Dade County as references. (4) A factual statement indicating the public need for the proposed services, the anticipated market to be served, any deficiencies in service provided by existing certificate holders and such other pertinent information as the applicant may desire to present. (5) 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 years as of the date of the application. Details to be in- cluded are the date 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 the accident occurred and any other pertinent details. (6) 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 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. The applicant's finger- prints and photograph, taken by the police department, shall be attached to the application at time of filing. (Ord. No. 1898, Sec. 1.) (b) A fee of $75.00 shall be paid to the City at the time of filing any such application, such fee is to be applied to the cost of administering the provisions of this article. (c) Each applicant shall file with his application an agree- ment to comply with Sec. 42-6 of this article prior to the issuance of any certificate or permit." "Sec. 42-2.1. Same --Public hearing; issuance; maximum number to be issued; transfer. (a) Upon the filing of an application for a certificate, the city clerk shall forthwith report the same to the city eetreei-i- commission, and the eet}ee44 commission thereupon shall set a time for the hearing of such application, which shall not be less than five days nor more than thirty days subsequent to October 1 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 eetrltei4 com- mission, and notice of such hearing shall be given to the applicant and to all holders of valid currently in -force certificates at least five 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 days prior to the date of the hearing, which publication shall be paid for by the applicant. (b) At the time specified in the notice, the city e&d ei4 commission shall hold a public hearing at which time or after the hearing, the eettne44 commission, in its exclusive dis- cretion, may issue a certificate of public convenience and -3- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 XX 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 eettfte€+ commission 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; provided further, that no certificate shall be issued in excess of one certificate for each twelve hundred 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 the same are revoked in whole or in part, or suspended, altered, modified or otherwise changed in accordance with the provisions of this chapter. (c) The certificate provided hereunder, when issued by the Commission, shall be forwarded to the Chief of Police or his designee who shall deliver the certificate to the applicant upon payment of the annual license fee hereinafter prescribed, and proof of compliance with Sec. 42-6 of this article. A copy of each certificate shall be filed with the City Clerk. (d) No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee of One Hundred Fifty Dollars ($150.00) for the right to engage in the business of operating a taxicab. Said license fee shall be for one year, commencing on October 1st of each year. The amount of the license fee herein prescribed shall not be pro— rated for fractional parts of a year. (e) No certificate may be assigned or transferred without the consent and authorization of the city eat113e44 commission. A transfer fee of €€€ty one hundred dollars 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 eles4gmetted repeeserttat€sae designee (Ord. No. 1898, Sec. 1.)" "Sec. 42-2.2. Same --Revocation and suspension; appeal from revocation. The chief of police or his 4e94.gtae designee, the city manager or his eiesqfrate designee and the city attorney or his 4e54-gmate designee 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 or suspend any certificate or permit issued under the provisions of this article. Good cause shall be defined as: Any arrest and conviction of a certificate—holder for the commission of any felony; or Any material violation of the provisions of this article; 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. —4— OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 Due notice shall be given the holder of any certificate and permit to appear before this board and to be heard upon any information which the hoard has determined provides a requi— site good cause to revoke a certificate or permit. The board shall submit its findings of fact, including its recommend— ation as to whether or not a certificate or permit should be revoked or suspended to the city eattfte44 commission. The eadee44 commission shall make a final determination in each case which the board presents to it no later than thirty days from the date of receipt of the board's findings. If the eaafte44 commission acts to revoke or suspend any certificate or permit, the former certificate/permit holder shall then be given an opportunity to appeal such decision before the eeeme44 commission during a period not to exceed sixty days from the date of revocation. Failure of a certificate/permit holder to render the service provided for thereby for a period of one year shall constitute good cause for the revocation or suspension of the holder's certificate or permit. (Ord. No. 1898, Sec. 1.)" "Sec. 42-3. Vehicle operating permit; minimum number of doors; passenger seating. (a) An application for a permit to operate a vehicle as a taxicab may be filed at any time after the granting of a cer— tificate of public convenience and necessity and shall be pre— pared in written form and submitted to the chief of police, setting forth the following: Taat the app+4eat4aft €ar the perry}t 4-s mae}e }ft eae frame e€ tete eert4€4eate—ke+4er aftd the eert€€4eate there€ae leas eeeft 4sstre4 l y the e}tp eaefte€4 afte] s eaerer;tl-p 4 -ft €I&1 €aeee arrei a€feet— Tae ettaet eieeee€pt}art a€ the ve43-ei.e to Ise aperateei as a tam4.eaST to }rre a4e mafte€aeteteele mame7 pear afrel ritee}e+ type— (1) Every application for a permit shall be in writing, verified by the aperatar 4a4e4-aq certificate holder, and shall contain the name and address of the aper<atee applicant, the number of the certificate and the make, type, year of manufacture, motor number, serial number, state license number and seating capacity for each motor vehicle for which the permit is desired. (b) No permit shall be issued for the operation of any veh— icle under a certificate when permits for the total number of vehicles authorized by such certificate shall have already been issued. (c) All permits issued under the provisions of this section shall be for a period of one year and shall expire on Newemaer + October 31 of the year following that in which they are grant— ed.—, however, those persons applying for a permit after May 31 may obtain a permit for the remaining portion of the fiscal year upon the payment of one—half the fee provided for in this Section. Upon payment in the amount of twenty—five dollars and prompt consideration of the applications and satisfactory proof that the applicant has properly complied with all provisions of this article and all other provisions of this code relating to issuance of occupational licenses, the chief of police, through his designated representative shall issue to the applicant a permit. (d) Any lease, transfer or assignment of existing permits shall be accomplished in the same manner and subject to the same application, investigation, and fees as the original applications for permits. XX —5— OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (e) All vehicles shall have four doors and furnish a seat €etz eaeit maximum of five passenger seats. Sec. 42-12. Tax4eab epeeateeis +4eeese7Chauffeur's registration. (a) It shall be unlawful for any individual to operate a taxicab in the city ttniess 14e 514.84-1 trade without first having obtained a tax4eab epees€eels +4eense chauffeur registration issued by the chief of police through his designated repre- sentativeT. (b) Application for such chauffeur's registration shall be on forms provided by the chief of police and shall be accompanied by payment and per44 tee feept4eed +4eense €eeT of five dollars, which shall be non-refundable. Said application fee shall be made at the time ee 4s the applicant is fingerprinted and pho- tographed by the police identification bureau,. twe 4e14-ar-s e€ wI e t fee sea14. be eree}ftee] tewatei pare a€ tee e€v4i4an eeg4ateatfen eaee}T anei tee eema}ei-el three eteel}tee} tewaee}s payment of tete epeeatee- s 4eense- (c) Payment of such fee shall in no way obligate the city by and through its authorized agents to issue a taxfeab epee- ateels 14eenee chauffeur's registration to any individual who fails to comply with all applicable procedures or otherwise fails to qualify for tie 4ssttaftee e€ a t& 4eae epetateels }}eense chauffeur's registration, 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. (d) The tart eab epeeateels 1-4eertae chauffeur's registration shall be valid for a period of one calendar year €t=am tee 4ate e€ 4seaanee and shall expire on October 31 of the year following that in which they are granted. The amount of the registration fee herein prescribed shall not be prorated for fractional parts of a year. A chauffeur holding a registration in good standing and whose status and conditions have not changed since obtaining such registration shall be entitled to a renewal thereof upon payment of a registration fee of five dollars. ane} Each holder thereof shall renew such ffeemee registration by personally appearing before the designated representative of the police chief and by making payment of the +4eense annual renewal fee in the amount of teeee five dollars, which payment shall be made no sooner than thirty days prior to the date of expiration of such eerfae registration. bttt Ra +atee tkaft te4-try flays fel4ew4Ftql tyre 4ate of empfratfen e€ aeeb i4eense: Those registrations not renewed by the expiration date shall be considered delinquent and subject to a delinquency penalty of an additional five dollars. SECTION 3: All references to "city council" in Articles I and II of Chapter 42 of the City Code of the City of Miami Beach, Florida, be and the same are hereby changed to read "city commission". SECTION 4: SEVERABILITY. If any provision of this ordinance, or the application of such provision to any person or circumstance is declared invalid by a court of competent jurisdiction, such invalidity should not affect any other provision or application of this ordinance, it being the intent of the city commission that this ordinance shall be deemed severable. SECTION 5: All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. X -6- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 SECTION 6: This ordinance shall become effective October 1, 1980. PASSED and ADOPTED this Attest: City C1 k 24th day of September , 1980. 1st reading September 3, 1980 2nd reading (as amended) — September 24, 1980 Words in etetiek—theeelle type are deletions. Words in underscore type are additions. FORM APPROVED LEGAL DEPT. BA 4 -�- wt Cr Date it 3u 1/kv. XX BMS:el —7— OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 w N N 0 1J cA IA O N N • N N +J U ii") 1J -c3 ci3 1-J N ro al •- N N C N 4a 1 V stn G •r•I 0 .0 4-) 1-I CO .03 bA 7a •ri H U p N CO Z. 1-4 •r-1 • 4 U U) N O X '0 N z 03 H C E� •� O N O 0 O 03 N H ¢. 0 X23 • rl Z Cll OO • c!) N 1-1 r -Ni • � Q U l- •r1 a 11) G •r4 cd - U) •rl P N 3-1 CD N 6 $.+ 0 4-I • OD cA 0 0 N cA N U I'd N HI '0 0 HI 0 U 0 u'd •r+ N •r1 N r -I N U 0