HomeMy WebLinkAboutOrdinance No. 12-2004 ORDINANCE NO 12 -2004
rkw AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 80 OF THE CODE OF
ORDINANCES, VEHICLES FOR HIRE; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; and
WHEREAS, the City Council desires to amend Chapter 80 of the City Code; and
WHEREAS, section 324.032, Florida Statutes, was amended to require for -hire passenger
transportation vehicles to carry vehicle liability policies with certain minimum limits; and
WHEREAS, the City Council finds that Chapter 80 must be amended to be brought into
compliance with section 324.032, Florida Statutes.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 80 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 80. It is intended that the text in Chapter 80 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 80 - VEHICLES FOR HIRE
City of Cape Canaveral
Ordinance No. 12 -2004
Page 1 of 3
ARTICLE I. IN GENERAL
(.PV * **
Sec. 80 -3. Licenses and fees to be in addition to other taxes and charges.
All licenses and fees provided for and levied in this chapter are regulatory fees imposed to
cover the cost of regulating the operations of public vehicles in the city. All licenses and fees shall
be additional to the annual occupational license tax and any other taxes and charges levied by and
payable to the city. As required by this chapter, *all licenses shall be issued and fees paid on an
annual basis . . • + : . Each renewal fee shall become due one year
from the date of initial issuance or most recent renewal . .: • • .. . .
* **
Sec. 80 -5. Insurance.
(a) Every owner of any public vehicle operating in the city shall file with the city clerk and keep
in effect at all times a policy or duly certified copy thereof of casualty insurance with a reputable
insurance company duly licensed to do business in the state insuring against any liability incurred
on account of the death or injury to any person or damage to property resulting from the operation
of such public vehicle in the following amounts:
(1) For death or injury to one person in any one accident, $125,000.00 $50,000.00.
(2) For death or injury to two or more persons in any one accident, $250,000.00
O J ry P Y
$100,0ee:ee.
(3) For property damage in any one accident, $50,000.00 $-1-07000.
(b) If any such policy of insurance is canceled as provided in subsection (c) of this section, the
owner shall not operate or cause to be operated any vehicle covered by such policy until other like
insurance is obtained.
(c) Each such policy of insurance so filed shall contain a clause to the effect that the insurance
carrier may not cancel the policy until 30 days' written notice has been given to the city clerk, in
addition to such other notice as may be required by law to be given prior to the cancellation of such
policy.
* **
ARTICLE II. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, LICENSE
* **
4000 City of Cape Canaveral
Ordinance No. 12 -2004
Page 2 of 3
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,
Coo • " • • • '
.. If a certificate of pabli . �.
convenic�,c acid n��,,,osity or vehicle IAA init is not used for a NIiotl V
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* **
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent t
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
R '
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Ca e Canaveral, Flo ' his 6th day July,
2004. _,
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... 04 h,c C./
ti _ .- 4 AV; J
ROCKY RANDELS, Mayor
c. ;,
- ATTEST: ° • . For Against
_, Bob Hoog Second
Jim Morgan Motion
Rocky Randels X _
'StJS 4 S T LS, City Clerk Richard Treverton _
``', it; .A. Steve Steve Miller Absent
First keaalllig ,'�r, - June 15, 2004 s
Legal Ad published: June 26, 2004
Second Reading: July 6, 2004
Approv - • • to legal form and sufficiency for
the :,,e • ' ape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
c City of Cape Canaveral
Ordinance No. 12 -2004
Page 3 of 3