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Ordinance 1420ORDINANCE NO. 1420 AN ORDINANCE AMENDING CHAPTER 35 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950". WHEREAS the City Council of the City of Miami Beach has heretofore recognized and declared that the holding of national, state and local conventions is a vital and essential phase of the tourist economy of the City of Miami Beach, and WHEREAS the City Council of the City of Miami Beach is of the belief and conviction that the success of each convention attracted to the City of Miami Beach is of vital importance to every resident of the City, and WHEREAS the success of a convention is to a large measure dependent upon prompt, adequate and efficient transportation facilities, and WHEREAS, under normal conditions existing taxicab transportation meets the foregoing requirements, but that on occasion certain conventions, due to size or need, require pre -arranged mass transportation of conventioneers from their hotel accommodations to the Miami Beach Auditorium or the Miami Beach Convention Hall, or similar itineraries, and WHEREAS such requirements are not of such frequency as to justify the issuance of annual or permanent permits for charter motor vehicle transportation and that the issuance of such permits would be disruptive or destructive of established for -hire transportation facilities, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 That Section 35.40 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended by adding thereto paragraph (e) immediately following paragraph (d) thereof, reading as follows: "(e) The term 'charter operation' as used in this chapter means the transportation of a group of persons wholly within the City who, pursuant to a common purpose and under a single contract which requires payment based upon the number of vehicles used and not on the number of passengers carried, have acquired the exclusive use of a motor bus of a capacity of nine or more passengers, including the driver, in which to travel together to a specified destination or to a particular itinerary either agreed upon in advance or modified or rearranged after having left the point of origin." -1- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH 39, FLORIDA SECTION 2 That Section 35.41 of "The Code of the City of Miami Beach, Florida, 1950" be amended by adding thereto the following: "It shall be unlawful for any person, firm or corporation to use, operate, or run or cause or allow any of his or its agents, servants, or employees to use, operate, or run a motor vehicle in charter operation as defined by Section 35.40 of this Code, without first having obtained a sightseeing bus permit from the City. After having obtained such permit, no such permittee shall use, allow, or cause to be used additional busses in charter operation without first having obtained the permission of the City Manager for the use thereof under such reasonable rules and regulations as the City Manager shall from time to time prescribe. The City Manager shall not authorize the use of more than twenty (20) additional busses for any such charter operation. A permit fee of $2.00 for each day of operation by each bus authorized by the City Manager hereunder shall be paid prior to the issuance of such permit. "No holder of a taxicab permit shall use his taxicab in non -metered taxicab operation between points within the City without first having obtained the permission of the City Manager for such non -metered taxicab operation under such reasonable rules and regulations as the City Manager shall from time to time prescribe.' "Any permittee or applicant hereunder deeming himself aggrieved by any determination or action by the City Manager may appeal the same to the City Council." SECTION 3 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4 That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED AND ADOPTED this 5th day of April, 1961. Attest: City Cle, 1st reading 2nd reading 3rd reading POSTED - March 15, 1961 - March 15, 1961 - April 5, 1961 - April 5, 1961 -2- Mayor OFFICE OF CITY ATTORNEY - 1 130 WASHINGTON AVENUE - MIAMI 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. 1420, 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 5th day of April, 1961, 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 1 have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 17th day of May, 1961. I tT v fa r0 to O I 0 N to 0 d' to rt rt M Ul 4-) O $.4 zA 9 Z 4000 H W rd U a a� n 4J 0 Z a) -r+ H U A x b0td o 0 •,l 01a