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
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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.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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(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
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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.
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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.
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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.
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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
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Date it 3u 1/kv.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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