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Ordinance 1129 ORDINANCE NO. 1129 AN ORDINANCE AMENDING CHAPTER 35 OF "THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA 1950" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 35. 16 of "The Code of the City of Miami Beach, Florida, 1950" be and it is hereby amended to read as follows : "SECTION 35. 16: It shall be unlawful for any permittee or driver of any motor vehicle for hire to: (a) Solicit passengers or attract attention by calling or by the use of a horn, bell, whistle or other signal. (b) Operate or run such vehicle while any individual or article is standing or sitting on the running board, fender, hood or door. Any baggage carried thereon must be wholly within the vehicle . (c ) Reconstruct, alter, modify, add to, or otherwise change the body or seating arrangement of such motor vehicle after a permit to operate the same has been granted without applying for and obtaining consent of the City Manager to do so. ( d) Drive or operate a motor vehicle for hire without having the same equipped with a suitable horn or similar warning device and standard speedometer, all in proper work- ing order, and such other equipment as is required for motor vehicles under the laws of the state, or may be re- quired to comply herewith. (e ) Accept or transport a greater number of passen- gers than the rated passenger-seating capacity of the motor vehicle, unless the motor vehicle shall be designed, built and equipped for the purpose of carrying the standing passengers . (f) Smoke while transporting passenger or passengers. (g) Fail to have the record card, issued to the permittee thereof under the provisions of this article, attached to such motor vehicle in plain view as required by this article . (h) Commit an assault or an assault and battery upon any passenger. (i ) Use abusive language toward any passenger. ( j ) Have in his possession or in or about the said vehicle any firearm, switch-blade knife, black-jack or similar deadly weapon while the said permittee or driver is in charge of the said vehicle . " SECTION 2: That Chapter 35 of "The Code of the City of Miami Beach , Florida, 1950" be and the same is hereby amended by adding thereto immediately after Section 35.32 thereof, an additional section to be known as Section 35.32. 1, to read as follows: -1- "SECTION 3. 32. 1: (a) It shall be unlawful for any driver of a taxicab in this City to demand or collect for the employment of the said vehicle any fare greater than the fare registered on the taximeter for transportation within Dade County. (b) It shall be unlawful for any person to refuse to pay the legal fare registered on the meter of any taxicab after having hired the said vehicle, and it shall be unlaw- ful for any person to hire any for-hire vehicle with intent to defraud the person from whom it is hired of the value of such service . " SECTION 3: That Chapter 35 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto immediately after Section 35. 37 thereof, an additional section to be known as Section 35.37. 1, to read as follows : "SECTION 35. 37. 1: It shall be unlawful for the driver of a taxicab to park said taxicab in the event it is out of service within fifty (50) feet from the nearest taxicab stand. It shall be unlawful for the driver of a taxicab to park said taxicab at a space controlled by a parking meter on a city street unless he first affixes to the windshield thereof a sign with lettering not less than three (3) inches in height, reading as follows : 'Out of Service ' , and turning off all lights in and on said vehicle. " SECTION 4: That Section 35.38 of "The Code of the City of Miami Beach, Florida , 1950" be and it is hereby amended to read as follows : "SECTION 35. 38: Except as provided in the following section, no taxicab shall be allowed to operate on streets of the City without a meter, which meter shall conform to the type of meter usually maintained on taxicabs and shall be maintained and used for the pur- pose of correctly measuring and computing the distance travelled by such taxicab while employed and shall be opera- ted by mechanical means, the power of which is derived by a cable from the transmission of such taxicab or by star gear attached to the front wheels of such taxicab. Before such taxicab may be operated on the streets and thorough- fares of the City the taxicab and such meter shall be in- spected by the Police Department of the City and shall thereafter be subject to inspection at any time by the Police Department. Each taximeter shall be visible to the passengers at all times and shall have thereon a flag to denote when the vehicle is employed and when it is not em- ployed; and it shall be unlawful for the driver of the vehicle to transport any passenger without the said flag being placed in the down position indicating that the vehicle is employed. Whenever a meter shall have been ,repaj.red, it shall be again inspected before keine placed in operation. After any meter shall have been inspected, as herein provided, and befo-e being put in operation, the meter shall be sealed by the Police Department. " -2- SECTION 5 : That Chapter 35 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto immediately after Section 35 .39.1 thereof, an additional section to be known as Section 35 .39.2 to read as follows : "SECTION 35 .39.2 : Every driver of a taxicab licensed in the City shall maintain a daily record of all trips made each day, showing time and place of origin and destination of each trip, and amount of fare, such recording to be made at the completion of each trip. Such completed record sheet 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 ' record sheets in a safe place for at least ninety (90) days . The said record sheets shall be available for inspection by the duly authorized representatives of the Police Department at all times . " SECTION 6: That Section 35 .71 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows : "SECTION 35 .71 : It shall be unlawful for any person to drive a motor vehicle for hire in the transportation of persons, as herein defined, over any of the streets of the City, or to receive passengers within the City without first having obtained a license and paid a license fee as hereinafter provided. No person to whom a permit is issued as provided by Section 35 .8 of this Code shall operate, permit or cause to be operated any for-hire automobile therein contained unless the driver thereof, or person to whom the custody and control of same is entrusted, shall have taken an examination, qualified and received a driver's license from the Chief of Police . " SECTION 7 : That Section 35 .73 of "The Code of the City of Miami Beach, Florida,1950" be and the same is hereby amended to read as follows : "SECTION 35 .73 : Any person desiring to obtain a license to operate a motor vehicle for hire over any of the streets of the City, shall file with the Chief of Police an application in writing for a license to operate such motor vehicle, the application to be upon a form to be furnished by the Chief of Police . The application shall be under oath, and shall state : (a) The name and address of the applicant. (b ) The length of time the applicant has resided in Dade County, and the age of the applicant (c ) Statement by applicant as to previous convictions within a period of ten (10) years preceding the date of application and information relative to any pend- ing undisposed of criminal cases . (d) Such other information as the Chief of Police shall require . The applicant shall also file with such application the affidavit of at least three reputable persons to the effect that such persons know the applicant to be of good moral character. " SECTION 8 : That Section 35 .74 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows : -3- "SECTION 35. 74: If, as the result of the examination given as herinafter provided, the Chief of Police shall find that the applicant is competent to operate a motor vehicle upon the streets of the City with safety for the public, he shall pass upon his other quali- fications and if all are found to be satisfactory, not less than fifteen (15) days after the date of application, except where the applicant has been a resident of Dade County, Florida, for ninety ;90) days immediately pre- ceding the date of application, and has a current City of Miami Beach civilian registration identification card, in which event the above fifteen (15) days may be waived at the discretion of the Chief of Police, he shall issue to the applicant upon his paying the license fee hereinafter provided for, a license to operate a motor vehicle for hire, in the transportation of persons upon and over the streets of the City. Provided, however, that no such license shall be issued to any person who within the past ten years immediately preceding the date of his application, has been conficted of any criminal offense involving moral turpitude. " SECTION 9: That Section 35, 76 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows : "SECTION 35.76 : Upon filing of the application and the affidavit in support thereof, as herein- above provided, the Chief of r'olice shall cause three sets of finger prints 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 thumb prints attached to his license. " SECTION 10 : That Section 35.77 of "The Code of the City of Miami Beacn, Florida, 1950" be and the same is hereby amended to read as follows : "SECTION 35. 77 : As soon as the foregoing provisions of this article shall have been complied with, the Chief of Police shall make or cause to be made an examination of the applicant upon the question of his competency and qualifications as required by this article, to operate such motor vehicle upon the streets of the City, for the safety of the public. The examination shall be con- ducted by the propounding to such applicant of questions orally or in writing, as may be determined by the Chief of Police. The answers to such questions, if propounded in writing, shall be written in the presence of the Chief of Police or some person designated by hirci to conduct the examination. These questions to be propounded to the appli- cant shall be sufficient to thoroughly test the competency of such applicant. " SECTION 11 : That Sect 78 of "The Code of the City of h Miami Bea ,b j' " be and the same is hereby amended to read as follows : "SECTION 35.78: No person who has taken the examination, hereinabove provided for, and has been refused a license shall be permitted to take the examina- tion a second time until the expiration of seven days from the date of the first examination; provided that if any applicant shall feel aggrieved upon refusal of a license by the Chief of Police he shall have the right of appeal to the City Council, who shall determine whether the license shall be issued or refused. " -4- SECTION 12: That Section 35.82 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows : "SECTION 35.82: The Chief of Police is hereby given the authority to suspend for a period of not more than sixty (60) days or to revoke after notice and opportunity of the driver to present evidence in his behalf, any license to operate a motor vehicle for hire in this City upon proof that the driver: (1) Has been convicted in court for the violation of any provision of this chapter;or (2) Has been convicted in court for a violation of the traffic code of the City of Miami Beach while operating a motor vehicle for hire; or (3) During a period of six (6) months since the last date of payment of a license fee, has not operated a motor vehicle for hire in the City. The Chief of Police shall suspend for a period of not more than sixty (60) days or revoke after notice and opportunity of the driver to present evidence in his behalf, any license to operate a motor vehicle for hire in the City upon proof that the driver: (1) Has obtained the said license by omitting or falsely stating a material representation in the application for the said license ; or. (2 ) Is infirm in body or mind to such an extent as to affect his ability as such driver; or (3) Is unfit to operate such vehicle because he is addicted to the use of drugs or intoxicating liquor; or (4) Has committed an offense, which offense would be a ground for refusal of application to operate a motor vehicle for hire 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 the said suspension or revocation. SECTION 13: That Section 35.72 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows : "SECTION 35.72: No applicant shall be granted a license unless he shall have the following qualifications : (a) Sound health. (b) Alert mind. (c) Good eyesight. (d) Good hearing. (e) All other faculties necessary to the safe operation of a motor vehicle. (f) Thoroughly familiar with the operation of a motor vehicle, and having a clear knowledge of the laws of the road and streets prescribed by the state and city, and a knowledge of all ordinances relating to the operation of a motor vehicle upon the streets. -5- (g) Over the age of twenty-one years. (h) Good moral character. " SECTION 14: That Section 35.80 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows : "SECTION 35.80: Each license issued as hereinabove provided shall be effective from the date of its issuance up to and including the thirty-first day of October following the said date of issuance except the Chief of Police may extend licenses up to the thirtieth day of November. Application for renewal of the said license shall be made not less than fifteen (15) days prior to the expiration date of the license, but not more than sixty (60) days prior to said expiration date, except where the applicant for renewal has been a resident of Dade County for ninety (90) days imme- diately preceding the date of application for renewal, and has a current City of Miami Beach civilian registration identi- fication card, in which event the above fifteen (15 ) days may be waived by the Chief of Police. " SECTION 15 : All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 16: This ordinance shall go into effect immediately upon its passage and posting as provided by law. PASSED and ADOPTED this 6th day of October, A. D. 1954. - or ATTEST: C. W. TOMLINSON, City Clerk By: '-puty ity Clerk 1st reading - September 15, 1954 2nd reading - September 15, 1954 3rd reading - October 6, 1954 POSTED - October 6, 1954 -6- . STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1129, 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 6th day of October, A. D. 1954, 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 17th day of November, A. D. 1954. C. W. T linson, City Clerk By W411,2±=C:: putt' City Clerk cH 0 dl U� 0 -P H 0 „Q z 4) C-1 � a� H 0 Z °� ,I tf\H 0 � bOmQ) zs Z .r4 ,Q j ° tCO z Q4-) U H ^a) Tom, a) ri a .Qo a 0 --0 0 -4-)