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0375 (Taxi Cabs)ORDINANCE NUMBER 375 AN ORDINANCE AMENDING SECTION 29, OF ORDINANCE NO. 230, CODE OF ORDINANCES, CITY OF OKEECHOBEE, FLORIDA, BEING AN ORDINANCE RE- LATING TO THE USE AND OPERATION OF TAXICABS, OR AUTOMOBILES FOR HIRE, WITHIN THE CITY LIMITS OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR THE ISSUANCE OF A PERMIT FOR THE USE AND OPERATION OF TAXICABS, OR AUTOMOBILES FOR HIRE, WITHIN THE CITY LIMITS OF THE CITY OF OKEECHOBEE, PRESCRIBING THE CONDITIONS UNDER WHICH SUCH PERMITS AND LICENSES SHALL BE ISSUED AND PRESCRIBING PEN- ALTIES FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That Section 29 of Ordinance No. 230 of the City of Okeechobee, Florida, be amended to read as follows: That from and after the passage of this Ordinance it shall be unlawful for any person, firm or corporation to operate a taxicab, or taxicabs, or automobiles for hire, or profit, within the City of Okeechobee, Florida, unless and until such person, firm or corporation shall have obtained a permit and license from the City of Okeechobee, Florida, so to do. The operation of a taxicab, or taxicabs or automobiles for hire, is hereby defined as the business of carrying or transporting passengers for hire in any motor driven vehicle over the public streets and highways within the City Limits of the City of Okeechobee, Florida. That all nouns used in the singular in this Ordinance shall include the plural, where the context so admits or requires. SECTION 2: That any person, firm or corporation desiring to engage in the business of operating a taxicab, or taxicabs or automobiles for hire, within the City Limits of the City of Okeechobee, Florida, shall make appli- cation to the City Council of the City of Okeechobee, Florida, for a permit to engage in or use the highways and public streets for such purpose, which application shall be in writing; verified by the applicant and shall specify the following matters: (a) The name and address of the applicant. If a Corporation or partner- ship, the name and address of all officers or partners. (b) Age and length of time applicant has resided in the City or the County. (c) The experience of the applicant in the transportation of passengers. (d) Any facts which applicant believes tend to prove that public con- venience and necessity require granting of a certificate. (e) The number of vehicles to be operated by the applicant. (f) Location of proposed depots and terminals. (g) Color scheme or insignia to be used to designate vehicles of the applicant. (h) The make, year, model and motor number of each vehicle. (i) All persons who have an 'interest in the business. (j) Name and address of three (3) residents of the City as references. (k) Previous business connections or employment for past five (5) years. (1) Previous residences for past five (5) years. (m) Location of head office. (n) All prior driving citations and accidents for past five (5) years. (o) Hours of operation. SECTION 3: ISSUANCE - Procedures A. Upon the filing of the application and the payment of the fee, the City Clerk shall report the receipt of the application to the City Council, and the same shall be referred to the Mayor and Chief of Police for investigation. No application shall be granted or permit issued without consideration of the application by the City Council. The City Council may issue a permit with modifications, or upon such terms and conditions as in its judgement the public convenience and necessity may require, provided, the Council in acting upon any application for a permit shall take into consideration all matters brought to its attention which pertain to the qualifications or lack of qualifications of the applicant as a carrier. B. Every permit issued under the provisions of this chapter shall be signed by the Mayor, attested by the City Clerk and shall contain, in addition to the name and address of the person entitled thereto, a statement of the class of transportation service authorized thereby and also a statement of the number of motor vehicles to be used in the rendition of such transpor- tation service. A permit shall also have stated thereon such additional terms, conditions, provisions and limitations as the City Council may deem necessary or proper in the public interest. C. No permit issued may be assigned or transferred without the consent of the City Council. Applications for transfers of any permit shall be filed jointly by the assignor and the assignee and shall be subject to the same provisions as to application fee, as original applications for permits. Transfer sale or assignement of the majority interest of the corporate stock of a corporate permit holder shall be deemed a transfer under the terms of this section, requiring consent of the City Council. -2- D. Duration; revocation and suspension: Every permit shall remain in full force and effect for one year from the date of its issuance or until suspended or revoked by the City Council; provided, however, every permit issued under the provisions hereof shall be subject to alteration, suspension or revocation by the City Council at any time for good cause shown, and after due notice has been given to the holder of the permit and such holder has been given an opportunity to be heard. Alteration, suspension or revocation shall be by resolution of the City Council, passed by majority vote. Every permit issued under these provisions shall be renewable for another one year period on January 1st upon the payment of a fifty dollar ($50.00) fee and subject to the review and approval of the City Council. E. Liability Insurance - per vehicle: (1) Bodily injury per person - $100,000. (2) For injuries to more than 1 person - $300,000. (3) Property damage - $50,000. F. Permit - Filing Requirements: Every permit shall be obtained at the office of the City Clerk by the person entitled thereto and a copy thereof shall be sent by the City Clerk to the office of the Chief of Police of the City, where it shall be kept on file. G. Regulations on Operation: The driver, owner or permit holder of any motor vehicle, as defined in Section One, operating in this City shall comply with the following: (a) Photograph of driver to be displayed in taxicabs. If such motor vehicle is a taxicab or for -hire car, the photograph of the driver thereof shall be displayed in a conspicuous place in the passenger compartment of such vehicle, and inscribed upon such photograph shall appear the name and address of such driver. (b) Meter. In a taxicab or for -hire car, a meter shall be displayed in a conspicuous place in the passenger compartment of such vehicle. (c) Name of Company and Vehicle Number. The permit holder shall display the name of the taxicab or for -hire car Company, and the Company number of such vehicle on the back and sides of each motor vehicle in use as such. -3- (d) State Laws. The permit holder and each driver must comply with state laws, rules and regulations. (e) Maximum number of passengers. The driver of a taxicab shall not allow more than five (5) passengers to ride in such vehicle at any one time. H. Type, equipment and maintenance of vehicles authorized to be used as taxicabs: No certificate shall be issued for any vehicle or continue in operation for any vehicle, unless the holder thereof shall comply with all the provisions of this chapter and applicant's or the holder's vehicle or vehicles shall meet all the requirements of this chapter including the following: (a) Renewed certificates, as defined herein, shall be issued only to vehicles less than five (5) years, subject to inspection. (b) Each vehicle for which a certificate is issued shall be equipped with the following in good condition: Proper brakes, lights, tires, horn, muffler, rear vision mirror, heater, air conditioner and windshield wiper. (c) Each vehicle shall have four (4) doors and have seating capacity for six (6) passengers including the driver. (d) Each taxicab shall bear on the outside of each rear or front door, in painted letters not less than six (6) inches nor more than twelve (12) inches in height, the name of the company or owner. If the taxicab is operated under any name other than the rightful name of the holder of the permit, the rightful name of the owner or company shall also bear on the outside of each rear or front door said owner's name in addition to the name under which the owner is operating, in printed letters of the same size and color as the name appears under which the said owner is operating. (e) Each vehicle shall bear an identifying numerical number, which number shall be registered with the Clerk of the Council. No two (2) taxicabs shall have the same numerical identification number. (f) No vehicle covered by the terms of this Chapter shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall, in the opinion of the Council, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under the chapter, in such a manner as to be misleading or tend to deceive or defraud the public; and provided further, that if, after a license has been issued for a taxicab hereunder, the color -4- scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the Council, in conflict with or imitate any color scheme, identifying design, monogram, or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such a taxicab or taxicabs shall be suspended or revoked. (g) Each vehicle shall be inspected by the Police Department which shall render a written report to the Council prior to the issuance of a certificate, which report certifies that said vehicle either complied or fails to comply with the provisions of this chapter. (h) Each vehicle for which a certificate is issued or certificate renewed shall be inspected by the Police Department not less than four (4) times each year and a written report of each such inspection shall be filed with the Council, which report shall certify that each vehicle inspected meets the requirements of this chapter. (i) Each vehicle shall be kept clean and in a sanitary condition at all times. SECTION 4: DRIVERS A. Disputes between drivers and passengers: ANY dispute between the driver of a taxicab or for -hire car and a passenger therein over the amount of fare charged shall be referred by such driver to the officer in charge of the Police Station. B. Personal Property left in vehicle: Personal property left in any motor vehicle by a passenger shall, within twelve (12) hours of its discovery by or delivery to the driver, be deposited at the office of the Chief of Police to be recorded and receipted. C. Rates of Fare; Rate Card Required: Each taxicab operated under this chapter shall have a rate card setting forth the rates or fare charged by the owner, displayed in such a place as to be in view of all passengers, and the owner of each taxicab shall file a copy of such rate card with the City Clerk. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with said rate card. -5- D. Driver's Permit - Required; Duration: No person shall operate or drive a motor vehicle for the transportation of passengers for hire within the city without first having obtained a written permit therefor from the City Clerk. Such permits shall be issued by the City Clerk effective for the period from the first day of October of one year to the 31st day of September of the following year, or shall be effective for any lesser period, terminating the 31st day of September. Upon the submission of a chauffeur's permit by an applicant, the City Clerk may issue a temporary driver's permit for a term not to exceed fourteen (14) days. E. Taxicab Service; Drivers, Telephones and Depots: All persons engaged in the taxicab business in the City operating under the provisions of this chapter shall render an over -all service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business, which shall be designated as a depot for the purpose of receiving calls and dispatching cabs. Each taxicab for which a certificate of public convenience has been issued shall be kept on duty at all times between the hours of 6:00 A. M. O'Clock and 8:00 P. M. O'Clock of each day at the depot of the holder thereof and each holder shall have one driver on duty at all times between the hours of 6:00 A. M. O'Clock and 8:00 P. M. O'Clock of each day for each taxicab operated by said holder, and the name and address of each driver shall be furnished by the holder to the Council by reporting the same to the City Clerk. Each holder shall give the name, address or location of each depot maintained by said holder, which depot shall provide proper waiting rooms for passengers and which depot shall be properly maintained and kept in a sanitary condition and shall not be in violation of the city codes, rules or regulations. Each holder shall list with the City Clerk all telephone numbers used by each holder in the taxicab business. Each holder who has been issued more than one certificate of public convenience and necessity shall furnish the general public with taxicab service on a twenty -four (24) hour basis and shall have at least one taxicab with a driver on duty at said operator's depot during the hours between 8:00 O'Clock A. M. and 6:00 O'Clock P. M. of each day, provided, that no holder of only one certificate shall be required to maintain service to the public between the hours of 8:00 O'Clock A. M. -6- and 6:00 O'Clock P.M. each day, and provided further, that any two (2) or more holders of more than one (1) certificate may request permission of the City Council to jointly operate a minimum of only one (1) taxicab from one depot during the hours between 8:00 O'Clock A. M. and 6:00 O'Clock P. M. At the time of such request, the plan of such operation shall be submitted to the City Council and such plan must be approved by the City Council. F. Definition of New Certificates and Renewed Certificates: New certificates shall be all certificates hereafter issued to new applicants or to present holders who apply for additional certificates to operate additional taxicabs. Renewed certificates are certificates reissued to present holders in exchange for a certificate which has expired. All certificates shall expire at midnight on September 31st of each year. G. Manifest: Every driver shall maintain a daily manifest upon which are recorded all trips made each day showing time and place of origin and destination of each trip and amount of fare, and all such completed manifests shall be returned to the holder by the driver at the conclusion of his tour of duty. The forms for such manifest shall be furnished to the driver by the holder and shall be of a character approved by the City Clerk and Auditor. Every holder of a certificate of public convenience and necessity shall retain and preserve all drivers' manifests in a safe place and said manifests shall be available at all times for inspection by the City Council, City Clerk and Auditor, Police Department, or any authorized agent of the City Council. Each holder shall keep such manifests for at least three (3) calendar years next preceding the current calendar year. Each holder shall deliver to the City Clerk for the City Council a copy of such manifests quarterly. H. Accident Reports: All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person, or in damage to any vehicle or to any property, shall be reported within twelve (12) hours from the time of occurrence to the Police Department in a form of report to be furnished by said Police Department. -7- I. Fingerprinting; Character Investigation: Any person desiring a driver's permit shall make application to the City Clerk and still be required to furnish his fingerprints and pay to said clerk a three dollar ($3.00) investigation fee with such application. The City Clerk shall deliver such application and fingerprint record to the Chief of Police for investigation. The Chief of Police shall conduct an investigation as to the behavior, character and reputation of the applicant and report such findings to the Mayor within five (5) days. Said investigation fee shall be paid in the General Fund of the City by the Clerk upon receipt of same from the applicant. J. Physical Examination of Applicant: Any applicant for driver's permit shall submit himself to a physical examination to be conducted by a licensed physician in the city, at cost of applicant, every two (2) years, to determine whether such applicant is suffering from a contagious or communicable disease and whether or not such applicant has any defect or impairment of vision or hearing or other physical impairment which would render him incapable of safely driving a motor vehicle. K. Qualifications of Applicant: No permit for the operation of a motor vehicle for the transportation of persons for hire within the city shall be issued to any person under the age of eighteen years. A permit may be refused to any person who have, prior to the date of the application for such permit, been convicted, pleaded guilty or forfeited bond upon being charged with any one of the following offenses: (a) Operating a motor vehicle for purposes of sale of intoxicating liquor. (b) Illegal possession for purposes of sale of intoxicating liquor. (c) Illegal sale of intoxicating liquor, drugs or control substances. (d) Illegal transportation of intoxicating liquor, drugs or control substances. (e) Transporting persons for immoral purposes. (f) Any crime involving moral turpitude which, in the opinion of the City Council, renders such person unfit to operate a motor vehicle for the transportation of persons for hire. -8- SECTION 5: PROTECTIVE MEASURES 1. Submitted to City Attorney: All idemnity bonds and liability insurance policies filed by any permit holder as provided in Section 3 (E) shall be submitted to the City Attorney, who shall report in writing to the City Clerk the vehicles for which valid and acceptable idemnity bonds or liability insurance policies have filed. SECTION 6: All ordinances, or parts of ordinances, in conflict herewith are hereby repealed. SECTION 7: This Ordinance shall take effect immediately upon its passage by the City Council and its approval by the Mayor. SECTION 8: This Ordinance was proposed, considered, and adopted under the provisions of Section 166.041 (3) (b) Florida Statutes, and was enacted by no less than a two -third vote of the entire City Council. PASSED AND ADOPTED THE 10th day of June , 1975, at an Adjourned Regular Meeting of the City Council. PRESIDENT OF THE CITY COUNCIL ATTEST: CITY CLERK APPROVED BY ME this 10th day of June , 1975. tiak MAt'YOR NOTICE OF PROPOSED ORDINANCE Notice is hereby given that the Ordinance described below by title only will be placed on third and final reading at the Regular Meeting of the City Council of the City of Okeechobee, Florida, to be held on June 10, 1975, at 7:30 P. M., at the City Hall, or as soon thereafter as such Ordinance may be read and considered for passage: AN ORDINANCE AMENDING SECTION 29, OF ORDINANCE NO. 230, CODE OF ORDINANCES, CITY OF OKEECHOBEE, FLORIDA, BEING AN ORDINANCE RELATING TO THE USE AND OPERATION OF TAXI- CABS, OR AUTOMOBILES FOR HIRE, WITHIN THE CITY LIMITS OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR THE ISSUANCE OF A PERMIT FOR THE USE AND OPERATION OF TAXI- CABS, OR AUTOMOBILES FOR HIRE, WITHIN THE CITY LIMITS OF THE CITY OF OKEECHOBEE, PRESCRIBING THE CONDITIONS UNDER WHICH SUCH PERMITS AND LICENSES SHALL BE ISSUED AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. Said Ordinance may be inspected in the Office of the City Clerk at the City Hall, City of Okeechobee, Florida. Interested parties may appear at said meeting and be heard with respect to the enactment of said Ordinance. BY ORDER OF THE CITY COUNCIL CITY CLERK PUBLISH IN THE OKEECHOBEE NEWS: May 22, 29, 1975