Ordinance 1236 ORDINANCE NO. 1236
AN ORDINANCE AMENDING "THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, 1950", BY ADDING A
NEW CHAPTER THERETO, TO BE NUMBERED CHAPTER 39,
AND TO BE ENTITLED "AUTOMOBILE SHIPPERS".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That "The Code of the City of Miami Beach, Florida,
1950" be and the same is hereby amended by adding a new
chapter thereto, the same being numbered Chapter 39; being entitled
"Automobile Shippers" and reading as follows:
"Sec. 39.1
Any person, firm or corporation engaged in the business or
occupation, as principal, agent, broker, intermediary or other-
wise, or holding himself or itself out by advertisement,
solicitation, or otherwise, as being engaged in the business or
occupation of receiving and accepting the custody or possession
of the automobile or automobiles of another, under any contract,
agreement, understanding or arrangement, which provides for the
furnishing, procuring or arranging for the transportation or
shipment of such automobile or automobiles to an agreed point
or destination, by driving the same thereto, under its own power
or propulsion, in lieu of the transportation or shipment thereof
as freight by any auto transportation company, or common carrier,
as the same are defined by Chapters 323 and 350, of Florida
Statutes, 1955, shall be deemed to be engaged in the "Automobile
Shipping" business, and shall be subject to the provisions of
this Chapter.
Sec . 39.2
It shall be unlawful for any person, firm or corporation to
engage in, operate, or cause to be operated, the business or
occupation of "an automobile shipper" in any manner in the City,
unless such person, firm or corporation shall have first procured
a license therefor from the City Clerk, which license shall be
issued upon compliance with the provisions of this Chapter, and
upon receipt of the amount required and provided for by Chapter 17
of this Code.
Sec . 39.3
No license shall be issued for the engagement in, conduct or
operation of the business or occupation of "automobile shipping",
unless the proposed licensee :
1. Shall first execute, deliver and file with the City
Clerk a good and sufficient surety bond, issued by
a surety company authorized to do business in the
State of Florida, in the sum of Five Thousand Dollars
($5,000.00) , in form to be approved by the City Attorney
to insure financial responsibility in accordance with
contracts, agreements or arrangements to be entered
into by the licensee in accordance with the terms of
this Chapter.
2. Shall submit to the City Clerk a list of locations
where the licensee intends to keep such automobiles
as it accepts for transportation, which locations shall
not be on a city street or city parking lot, which
locations may be amended from time to time by filing a
notification thereof with the City Clerk.
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3. Shall submit to the City Clerk satisfactory proof
that it (or if the proposed licensee shall be a
corporation that the person who shall manage the
affairs and conduct the business of the licensee)
has been a resident of the State of Florida for
three (3) years immediately preceding the date of
filing application, and that it (or if the proposed
licensee shall be a corporation that the person who
shall manage the affairs and conduct the business
of the licensee) has had two (2) years of experience
as an automobile shipper or the equivalent thereof
in related fields, proof of which may be established
by affidavits of the applicant .
Sec . 39.4
Upon receiving and accepting the custody or possession of an
automobile or automobiles for the purposes herein specified, it
shall be the duty of the licensee to issue a receipt therefor to
the person so delivering custody or possession thereof.
Such receipt need not be in any particular form, but every
such receipt must embody within its printed or written terms the
following:
1. The place of business of the licensee .
2. The date of the issue of the receipt.
3. A statement where the automobile specified will be
delivered to the issuee, and whether to a specified
person or to his order.
4. The rate, amount of the cost or charge to be made for
the service performed or to be performed, and an
acknowledgment of the payment therefor in full, or
in part, as the case may be.
5. A description of the automobile delivered and an
acknowledgment that it was received in apparent good
order except as otherwise specified.
6. A statement of any additional costs, expenses, or
advances which may be charged to the entrustor of said
automobile, and providing that no additional charge or
liability other than specified or enumerated therein
shall be made or demanded.
7. The signature of the licensee, which may be by his
authorized agent.
8. The licensee may insert in a receipt, issued by him,
any other terms and conditions, provided such terms
and conditions shall not (a) be contrary to the
provisions of this chapter; (b) in any wise impair
his obligation to exercise that degree of care in
the safekeeping of the automobile and of the property
entrusted to him which a reasonable careful man would
exercise in regard to similar property of his own.
Sec. 39.5
It shall be unlawful for any licensee :
1. To make any charge whatsoever to a driver supplied by
the licensee for the privilege of driving the auto-
mobile, provided, however, that the licensee may require
a deposit from such driver to apply towards the repay-
ment of any damage which may be occasioned to the
automobile entrusted to such driver.
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2. To receive or accept the custody or possession of an
automobile or automobiles for the purposes herein
specified unless the person delivering custody of
such automobile produces proof or certifies that the
automobile is covered by insurance of minimum bodily
injury liability of Ten Thousand Dollars ($10,000.00)
for each person and Twenty Thousand Dollars ($20,000.00)
for each accident, and minimum property damage liability
of Five Thousand Dollars ($5,000.00) for each accident,
and collision or upset coverage for actual cash value
less no more than Fifty Dollars ($50.00) deductible,
and fire, lightning and theft coverage.
3. To fail to deliver the automobile entrusted to it for
the purposes stated herein without the consent of the
owner or for good cause .
4. To knowingly allow any driver supplied by the licensee
to transport paid passengers in the automobile entrusted
to him.
5. To use the words "Bonded driver or Bonded Chauffeur"
in any advertising unless the drivers supplied by the
licensee are in fact so and the amount of such bond is
stated in such advertising; provided, however, that any
cash deposit required from a driver supplied by the
licensee as security for damage caused to the automobile
by the driver shall not be considered as a bond within
the meaning of this subsection.
6. To keep cars in locations other than those designated
with application for license.
7. To supply any drivers not licensed to operate an auto-
mobile .
Sec . 39.6
It shall be the duty of every licensee :
1 . To secure identification from every person supplied by
it as a driver (including his age) .
2. To refund in full on demand any deposit required of a
driver in the event the licensee is unable to provide
an automobile as agreed or when the driver for good
cause is unable to drive the automobile as agreed.
3. To refund in full such deposit as may be made by the
driver upon the delivery by such driver of the auto-
mobile entrusted to him to the destination agreed upon,
and in the event such driver has caused danage to the
automobile for which he is responsible, to refund such
part of the deposit as such driver may be entitled to
immediately upon the delivery of such automobile to the
destination agreed upon.
Sec . 39.7
The licensee shall be responsible to deliver the automobile
entrusted to it to the destination agreed upon excepting:
When the automobile, because of mechanical default or
accident not attributable to licensee or his driver,
cannot be further transported without repair upon
notification of such condition to the owner of such
automobile and the refusal of such owner to pay for
or agree to pay for such repairs as are necessary to
enable the automobile to be further transported.
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Sec . 39.8
No licensee shall promise a delivery date of an automobile
entrusted to it for the purposes stated herein unless such licensee
has reason to belifve that such automobile will be delivered within
the time stated and in the event the licensee shall be unable to
deliver such automobile within said time he shall notify the person
to whom such automobile is to be delivered of the impossibility of
delivering such automobile within the time agreed upon, and the
person entrusting such automobile to the licensee shall thereupon
be entitled, if he so desires, to the return of such automobile
and any deposit or fee which he shall have paid to the licensee.
Sec. 39.9
The City Council may suspend or revoke any license issued in
accordance with this Chapter if it finds that the licensee shall
have violated any of the terms hereof. Before the City Council
shall suspend or revoke such license, it shall fix a time and place
for a hearing and shall give the licensee notice thereof by
registered mail. Such notice shall be mailed not more than ten
(10) nor less than twenty (20) days prior to the date set for
hearing. At such hearing licensee shall be privileged to appear
in person or by or with counsel and to produce witnesses.
Sec. 39.10
In the event that the City Council shall revoke any license
issued in accordance with this Chapter, such licensee shall be
ineligible to have a license issued to him for a period of one (1)
year from the date of such revocation.
Sec. 39. 11
Sections 39.4, 39.5, 39. 6, 39.7, 39.8, 39. 9 and 39.10 of this
Chapter shall apply to any persons now engaged and/or licensed as
an automobile shipper within the terms of this Chapter, or who may
hereafter become engaged and/or licensed as an automobile shipper
within the terms of this Chapter. "
SECTION 2: This ordinance shall go into effect immediately upon its
passage and posting as required by law.
PASSED and ADOPTED this 21st day of November, A.D. 1956.
Mayor
ATTEST:
a/pt.)._
Ci Clerk
1st reading - September 19, 1956
2nd reading - September 19, 1956
3rd reading - November 21, 1956
POSTED - November 27, 1956
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. 1236 , entitled:
"AN ORDINANCE AMENDING 'THF CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, 1950' , BY ADDING A NEW
CHAPTER THERETO, TC BE NUMBERED CHAPTER 39, AND
TO BE ENTITT,F,D 'AUTOMOBILE SHIPPERS",
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 27th day of November, 1956
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 2nd day of January, A.D. 1957
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