Ordinance 82-2327•
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1 4
ORDINANCE NO.
82-2127
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REPEALING CHAPTER 42,
AND ENACTING A NEW CITY TRANSPORTATION ORDI-
NANCE; SPECIFYING LEGISLATIVE INTENT; ROVID-
ING DEFINITIONS; PROVIDING LICENSING REQUIRE-
MENTS, APPLICANT QUALIFICATIONS, AND DMINIS-
TRATIVE PROCEDURE FOR APPLICATION, ISSUANCE,
USE, RENEWAL, TRANSFER, REVOCATION AND SUSPEN-
SION OF LICENSES; PROVIDING FOR FEES; PROVID-
ING FOR INSURANCE REQUIREMENTS; PROVIDING FOR
SAFETY STANDARDS; PROVIDING PENALTIES FOR VIO-
LATIONS; PROVIDING EXCLUSIONS; PROVIDING A
GRANDFATHER CLAUSE; PROVIDING SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
SECTION 1: LEGISLATIVE PURPOSE.
This Ordinance is intended to institute a modern regulatory frame-
work for commercial transportation within the City of Miami Beach
in accordance with §341.102 Fla. Stat. (1981). The provisions of
this Ordinance are designed to protect the health, welfare and
safety of Miami Beach residents and visitors, taking into account
the special needs of the City's many elderly and non-English speak-
ing visitors and residents of the City, who are especially vulnera-
ble to traffic hazards and consumer overreaching. Based on these
considerations, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA;
SECTION 2:
Chapter 42 of the Code of the City of Miami Beach is hereby repealed
in its entirety and replaced with the following chapter:
Chapter 42. TRANSPORTATION REGULATIONS.
Section 42-1 DEFINITIONS.
For purposes of this Article, the following words and phrases shall
have the following meanings unless the context otherwise requires:
Applicant shall mean the person who applies to the City for a per-
mit to operate a motor vehicle under this Article.
Driver shall mean the individual operating a motor vehicle whether
as the vehicle owner or as agent, employee or lessee of the owner.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Motor Vehicle or Vehicle shall mean any motor -propelled vehicle,
including but not limited to motor buses, vans, and automobiles
operating on the streets of the City for compensation.
Compensation shall mean any money, reward, or consideration receiv-
ed directly or indirectly, from the passenger or any other source,
by a driver or owner of a motor vehicle as a result of or in connec-
tion with the transportation of individuals.
Person shall mean any individual, corporation, firm, partnership,
limited partnership, association, joint stock association or other
business entity.
Permittee shall mean any person operating a motor vehicle under a
permit granted under this Article.
Public Interest shall mean a determination based upon the following
criteria, that transportation benefits will accrue to the: commu-
nity, transportation services, the public who presently or in the
future utilize the passenger motor carrier industry to meet trans-
portation needs, and adopted community development policy and that
determination is consistent with the transportation policy stated
in this Ordinance.
Article I - MOTOR VEHICLE TRANSPORTATION FOR COMPENSATION
Section 42-2. WHEN PERMIT REQUIRED.
It shall be unlawful for any person to use, drive or operate, or to
cause or permit any other person to use, drive, or operate, any
motor vehicle for compensation upon the streets of Miami Beach
without first obtaining a permit to do so under this Article, un-
less specifically excluded by this Article. Each vehicle operating
within the jurisdiction of this Article shall show public interest
and requires an individual application and permit under this
Article.
Section 42-3 APPLICATION FOR PERMIT.
An application for a permit under this Article shall be filed in
writing with the City Manager. The application shall be verified
under oath by the applicant (if a firm, corporation or other busi-
ness entity, by the president or chief officer thereof). The
application shall disclose the following:
(a) The name and address of the applicant and the addresses
of its officers and directors, if any.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(b) The legal owner, make, year of manufacture, motor number,
serial number, seating capacity, state license number,
and S.A.E. horsepower of the motor vehicle proposed to be
operated by the applicant. Satisfactory proof shall be
submitted by the applicant that there is in full force
and effect a policy of liability insurance on the motor
vehicle to be operated by the applicant, with a reliable
insurance company regularly and generally engaged in the
conduct of a liability insurance business, duly licensed
by the State, as follows:
(1) The motor vehicle shall have $500,000/$1,000,000
per occurrence liability insurance coverage.
(2) The motor vehicle shall have $50,000 per occurrence
property damage coverage.
(3) In addition, the motor vehicle shall be insured by a
policy covering uninsured motorists in the amount of
$50,000/$100,000.
(4) The policy shall provide for a thirty (30) day can-
cellation notice in writing.
(c) Such other information as may be required by administra-
tion regulations adopted by the City Manager in accord-
ance with §42-16 of this Article.
Section 42-4. RESPONSIBILITY OF OFFICERS AND AGENTS.
In the event a person fails to obtain a transportation permit
required by this Chapter, the manager, chief executive, officer,
director and agent of the business shall be personally required to
take out a permit on behalf of the business. It shall be the duty
of all officers, directors, managers and agents of a corporation
engaged in business in the City of Miami Beach to see that such cor-
poration complies with the provisions of this Chapter and they
shall personally be subject to the penalties imposed by Section 42-
17 for failure of a business to comply with the requirements of the
Chapter.
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Section 42-5. SAME - FEE.
Each application for a transportation permit under this Article
shall be accompanied by a non-refundable certified check for
$150.00 made payable to the City of Miami Beach.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Section 42-6. SAME - GRANT OR DENIAL OF APPLICATION BY CITY
MANAGER.
The City Manager, or his or her designate, shall promptly consider
all applications for permits under this Article and may summon and
examine the applicant in regard thereto. The City Manager or his
or her designate shall authorize the Finance Director to issue or
deny each application: (1) based on the applicant's compliance or
noncompliance with the requirements of this Article; (2) based on
the applicant's compliance with administrative regulations prop-
erly adopted pursuant to this Article; (3) based on objective
traffic or public -safety factors, or other objective factors per-
taining to the health, welfare or safety of the public; (4) based
on public interest. In the event the application is denied, the
applicant shall promptly be given a letter specifying the reason(s)
for the denial. Upon approval of an application for a permit under
this Article, the original of the permit shall be filed in the
office of the City Clerk, and a copy thereof shall be issued to the
applicant by the Finance Director. Every permit issued under this
Ordinance shall be entitled "Miami Beach Transportation Permit",
and shall describe in detail the form of transportation authorized
under the permit.
Section 42-7. PERMIT - EXPIRATION DATE; OPERATION OF VEHICLES
AFTER EXPIRATION OR REVOCATION OF PERMIT PROHIBITED.
All permits granted under this chapter shall expire September 30 of
every year and are non -transferable. It shall be unlawful for any
person to operate any motor vehicle for the purposes enumerated in
this Article after the revocation or expiration of such permit.
Section 42-8. PERMIT - REVOCATION.
The City Manager shall, by written notification to the permittee,
revoke any permit granted under this Article upon proof of the
permittee's failure to comply with the provisions of this Article
or the administrative regulations adopted under this Article, or
upon proof that the permittee has endangered or will endanger the
public health, welfare or safety or has engaged in unfair or decep-
tive activities.
Section 42-9. REVOCATION OF PERMITS - APPEALS.
Upon revocation of a permit by the City Manager, the permittee may
appeal the decision to the City Commission in accordance with
procedures to be established by the City Manager pursuant to §42-16
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OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
of this Article. If the City Commission affirms the denial or
revocation, the applicant or permittee shall have no further
administative remedies. No appeal, petition for review, or other
civil or administrative proceeding shall stay the effect of the
City Manager's denial or revocation of a permit.
Section 42-10. VEHICLE RECORD CARDS
Upon issuance of the permit under this Article, the Chief of Police
shall issue, in duplicate, a record card for the motor vehicle
which shall set forth the permit number, the permittee's name and
address, vehicle description, and state license number. One copy
of the record card shall be retained in the files of the Police
Department and the other shall be delivered to the permittee, who
shall attach the record card to the motor vehicle described there-
in.
Such card shall be kept in plain view at all times while such vehi-
cle is being operated in the City of Miami Beach. The record card
given to the permittee shall apply only to the motor vehicle for
which it was issued and shall not be transferred to any other motor
vehicle.
Section 42-11. SUBSTITUTE VEHICLES PROHIBITED.
No motor vehicle shall be operated which has not been issued a
permit under this Article. Should any such permittee desire to
substitute a motor vehicle for one for which a permit has been
issued, an application must be made for a permit in accordance with
this Article.
Section 42-12. RESTRICTIONS ON USE OF VEHICLES.
All vehicles for which a permit has been obtained under this
Article shall be operated solely by the person who filed the appli-
cation for the permit and to whom the permit was granted, and no
vehicle shall be authorized or permitted to be used by, for, or on
behalf of any other business, either for hire or otherwise, unless
so specified in the permit. No vehicle shall be operated in a man-
ner varying substantially from that described in the application
submitted by its owner or operator.
All vehicles operating under the provisions of this Article shall
be driven only by a driver possessing a chauffeur's license issued
by the State, which authorizes the driver to drive and operate such
vehicle.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Section 42-13 SOLICITATION PROHIBITED.
(a) Soliciting for or diverting prospective guests from
hotels, etc. - Soliciting by driver prohibited.
It shall be unlawful for the driver of any passenger
vehicle for compensation while engaged in such occupation
within the city, to solicit the patronage of any passen-
ger or prospective passenger in behalf of any hotel, inn,
apartment house, night club, restaurant, bar, retail
store or other similar business.
(b) Same - Diverting by driver prohibited.
It shall be unlawful for the driver of any passenger
vehicle for compensation while engaged in such occupation
within the city, to divert or attempt to divert a
prospective guest from any hotel, inn, apartment house,
night club, restaurant, bar, retail store or other simi-
lar business.
(c) Same - Paying or offering compensation to driver for
soliciting.
It shall be unlawful for the owner, manager, lessee or
operator of any hotel, inn, apartment house, night club,
restaurant, bar, retail store or other similar business
or any of the agents, servants or employees thereof to
pay or offer to pay, within the city, to the driver of
any motor vehicle, any reward or compensation, directly
or indirectly, for soliciting, while engaged in such
occupation as motor vehicle driver, any passengers or
prosepctive passengers, in the vehicle driven by such
driver, as guests for such owner, manager, lessee or
operator.
(d) Same - Paying or offering compensation to driver for
diverting.
It shall be unlawful for the owner, manager, lessee or
operator of any hotel, inn, apartment house, night club,
restaurant, bar, retail store or other business or any of
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
the agents, servants or employees thereof to pay or offer
to pay, within the city, to the driver of any motor
vehicle, any reward or compensation, directly or indi-
rectly, for diverting any prospective guest from any
other hotel inn, apartment house, night club, restaurant,
bar, retail store or other similar business to the hotel,
inn, apartment house, night club, restaurant, bar or
other similar business owned, managed, leased or operated
by the party paying or offering to pay such reward or
compensation.
(e) Same - Receiving or agreeing to receive compensation.
(1) It shall be unlawful for the driver of any passenger
vehicle for compensation to receive or agree to
receive, within the city, from the owner, manager,
lessee or operator of any hotel, inn, apartment
house, night club, restaurant, bar, retail store or
other similar business, or any of the agents, ser-
vants or employees thereof, any reward or compensa-
tion, directly or indirectly, for either of the
following purposes:
(i) Soliciting guests for such hotel, inn, apart-
ment house, night club, restaurant, bar,
retail store or other similar business while
engaged in such occupation as motor vehicle
driver.
(ii) Diverting guests to such hotel, inn, apartment
house, night club, restaurant, bar, retail
store or other business from another hotel,
inn, apartment house, night club, restaurant,
bar, retail store or other business from
another hotel, inn, apartment house, night
club, restaurant, bar, retail store or other
business.
(2) It shall be unlawful for the owner, manager, lessee
or operator of any hotel, inn or apartment house,
retail store, or any of its agents, servants or
employees thereof, to receive or agree to receive,
within the city, from the owner, operator or lessee
of any of its agents, servants or employees of any
motor vehicle for hire, any reward or compensation,
directly or indirectly, for either of the following
purposes:
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(i) Soliciting passengers for such motor vehicle
while engaged in such occupation ,a owner,
manager, lessee or operator of any hotel, inn
or apartment.
(ii) Diverting passengers to such motor passenger
vehicle for compensation from another named
motor passenger vehicle for compensation.
Section 42-14. SIGNS ON VEHICLES DESIGNATING BUSINESS.
All vehicles for which a permit has been obtained under this
Article shall display a sign on both sides thereof, in letters not
less than two inches in height, identifying the particular business
for which it operates. No advertisement shall be permitted on any
motor vehicles for which a permit has been obtained under this
Article.
Section 42-15. EXEMPTIONS FROM THE REQUIREMENTS OF THIS ARTICLE.
The following passenger motor vehicles are exempt from the require-
ments of this Article:
a. Ambulances and other vehicles licensed under the provi-
sions of Chapter 401, Fla. Stat.
b. Motor vehicles used exclusively in transporting children
to and from schools if licensed and inspected by the
State of Florida or by Dade County.
c. Taxicabs and limousines regulated by Dade County Ordi-
nance.
d. Motor vehicles used in a carpool to transport members
between their residence and places of work.
e. Motor vehicles owned and operated by any local, state or
federal governmental unit, or operating under a valid
certificate or similar grant of authority from the State
of Florida or United States Interstate Commerce Commis-
sion.
f. Motor vehicles having an overall length in excess of 30
feet or a rated seating capacity in excess of 28 persons.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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Motor vehicles operating pursuant to a contract with Dade
County providing demand service transportation to and
from the airport provided such vehicles meet the insur-
ance requirements in Section 42-3 and a $75 per vehicle
administrative fee is paid for a certificate of exemp-
tion.
Section 42-16 CITY MANAGER RULES AND REGULATIONS.
The City Manager is hereby delegated and shall have the full
authority of the Miami Beach City Commission to promulgate regula-
tions to enforce and administer the provisions of this Article pro-
vided such regulations are not inconsistent with this Article, are
in writing, and are approved by the City Commission subsequent to a
public hearing concerning such regulations. The City Manager shall
have specific authority to promulgate reasonable regulations to
limit the number of motor vehicles operating in the City for com-
pensation at any one time provided such limitations are applied in
an equitable manner and the City Manager demonstates that such a
restriction is based on reasonable traffic, safety or consumer
protection considerations. The City Manager may also promulgate
reasonable regulations concerning vehicle routes, terminals and
other places of operation, refund and other consumer protection
safeguards and any other regulations necessary to protect the
public within the City of Miami Beach. The City Manager shall
promulgate and present to the City Commission its initial rules and
regulations no later than 90 days after the adoption of this
ordinance.
Section 42-17. PENALTIES.
A. In addition to any other penalties provided by law, a fine not
to exceed $500.00 may be imposed for each and every violation
of this Article and/or each violation of an administrative
regulation promulgated by the City Manager. Upon two or more
such violations within any 12 month period, the City Manager
shall revoke or suspend a permit in accordance with standards
adopted pursuant to §42-16 of this Chapter.
B. Each person issued a citation or notice of violation of this
Article or any administrative regulation thereunder shall
correct the violation and pay any fine within 10 days.
Failure to do so shall result in immediate revocation or
suspension of the violator's permit by the City Manager or his
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
designate, in accordance with procedures to be established by
the City Manager under §42-16 of this Article.
C. Violation of a revocation or suspension order, or the opera-
tion of a motor vehicle for compensation without a permit,
shall be punishable by a fine of not less than $500.00 and not
more than $1000.00, imprisonment not exceeding 30 days, and a
seizure and forfeiture of any vehicle so operated.
Section 42-18. GRANDFATHER CLAUSE.
Any person operating a motor vehicle within the City of Miami Beach
on the effective date of this Article under the authority of a
valid and previously issued Miami Beach Permit or license, shall be
entitled to a Replacement Permit under this Article, provided the
applicant satisfies the insurance requirement above. Said replace-
ment permit shall expire no later than the expiration date of the
original permit or license.
Section 42-19. SEVERABILITY.
If any section, clause, provision, or portion of this Article is
adjudged unconstitutional or invalid by a court of competent juris-
diction, the remainder of the Article shall not be affected there-
by.
Article II. AUTOMOBILE RENTAL AGENCIES.
Section 42-20. APPLICABILITY OF ARTICLE.
Any person who rents, leases or offers to rent or lease, five or
more automobiles per year within the City of Miami Beach shall be
deemed to be engaged in the automobile renting business, subject to
the terms of this Article and shall be required to pay the license
fee hereby imposed.
Section 42-21. LICENSE REQUIRED; LIMITED TO PREMISES SPECIFIED.
It shall be unlawful for any person to engage an automobile renting
business within the City of Miami Beach, either through a principal
place of business within the City or through any office or agency
within the City, unless such person shall have first procured a
license for each and every place of business, agency and office
located within the City.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
It shall be unlawful for any person holding a license under this
Article to place, keep, store, display, rent or lease any automo-
bile in any location in the City except in the location specifical-
ly designated in such license.
Section 42-22. APPLICATION; INSURANCE
An application for a license under this Article shall be filed in
writing with the City Manager. The application shall be verified
under oath by the applicant (if a firm, corporation or other busi-
ness entity, by the president or chief officer thereof). The
application shall contain the name and address of the applicant and
the addresses of its officers and directors, if any, and other
information as may be required by the City Manager pursuant to
administration regulations adopted under §42-16 of Article I of
this Chapter. Satisfactory proof shall be submitted by the appli-
cant that there is in full force and effect a policy of liability
insurance on each motor vehicle to be operated by the applicant,
with a reliable insurance company regularly and generally engaged
in the conduct of a liability insurance business, duly licensed by
the State as follows:
(1) Each motor vehicle shall have $100,000/$300,000 lia-
bility insurance coverage.
(2) Each motor vehicle shall have $50,000 property damage
coverage.
Section 42-23. LICENSE - GRANT OR DENIAL OF APPLICATION BY CITY
MANAGER.
The City Manager shall consider all applications for licenses under
this Article, may summon and examine the applicant in regard there-
to, and shall issue or deny each application: (1) based on the
applicant's compliance with the requirements of this Article; (2)
based on the applicant's compliance with properly adopted adminis-
trative regulations; (3) based on objective evidence that the ap-
plicant has endangered or will endanger the health, welfare or
safety of the public.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Section 42-24. LICENSE - REVOCATION.
The City Manager shall, upon the submission of proof of the
licensee's failure to fully comply with the provisions of this
Article, or the administrative regulations hereunder, or upon proof
that the licensee had endangered the public health, welfare or
safety or engaged in unfair or deceptive activities, revoke any
permit granted under this Article. Upon revocation of a permit by
the City Manager or his designated representative, the permittee
may appeal such decision to the City Commission.
Section 42-25. FEES.
The fee for each license shall be $937.00 and shall be payable on or
before the 15th day of April of each year.
Section 42-26. ENFORCEMENT AND PENALTIES.
(A) Enforcement.
Prosecutions of violations of this Article may be instituted
by the Miami Beach Municipal Prosecutor if in his judgment and
discretion the circumstances so warrant.
(B) Penalties.
1. In addition to any other penalties provided by law, a
fine not to exceed $500.00 may be imposed for each and
every violation of this Article and/or each violation of
an administrative regulation promulgated by the City
Manager. Upon two or more such violations within any 12
month period, the City Manager shall revoke or suspend a
permit in accordance with standards adopted pursuant to
§42-24 of this Chapter.
2. Each person issued a citation or notice of violation of
this Article or any administrative regulation thereunder
shall correct the violation and pay any fine within 10
days. Failure to do so may result in immediate
revocation or suspension of the violator's permit by the
City Manager or his designate, in accordance with
procedures to be established by the City Manager under
§42-24 of this Chapter.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
By
3. Violation of a revocation or suspension order, or the
operation of an automobile rental agency without a
permit, shall be punishable by a fine of not less than
$1,000.00 and not more than $5,000.00, and imprisonment
not exceeding 30 days.
SECTION 3: EFFECTIVE DATE.
This Ordinance shall take effect 10 days after its adoption, on
July 31 , 1982.
PASSED and ADOPTED this 21st day of July , 1982.
Attest:
/eFo� eY�n�7�
City Cler
e„
1st Reading - May 19, 1982
2nd Reading - July 21, 1982 (as amended)
CK:TMP:kt
822A
APPROVED
LEGAL DEPT,
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Mayor
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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