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HomeMy WebLinkAboutOrdinance No. 44-1993ORDINANCE NO. 44 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING CHAPTER 683, VEHICLES FOR HIRE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING DEFINITIONS; PROVIDING EXCEPTIONS FOR OPERATIONS UNDER PERMIT FROM THE UNITED STATES INTERSTATE COMMERCE COMMISSION OR THE STATE OF FLORIDA; PROVIDING LICENSE FEES TO BE IN ADDITION TO OTHER TAXES AND CHARGES; REQUIRING COMPLIANCE WITH REGULATIONS OF CHAPTER; REQUIRING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A PUBLIC VEHICLE; REQUIRING AN APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING THE CITY MANAGER WITH AUTHORITY TO APPROVE APPLICATIONS OF PUBLIC CONVENIENCE AND NECESSITY UPON THE MAKING OF CERTAIN FINDINGS; PLACING THE BURDEN OF PROOF ON APPLICANTS FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING FOR THE EXPIRATION OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING FOR SUSPENSION AND REVOCATION OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; IMPOSING REQUIREMENTS FOR THE TRANSFER OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; MAKING IT UNLAWFUL FOR A PERSON TO DRIVE A PUBLIC VEHICLE WITHOUT A PUBLIC VEHICLE DRIVER'S PERMIT; PROVIDING PENALTIES FOR OPERATING A PUBLIC VEHICLE WITHOUT A PUBLIC VEHICLE DRIVER'S PERMIT; PROVIDING FOR THE APPLICATION FOR A PUBLIC VEHICLE DRIVER'S PERMIT; REQUIRING A PHOTOGRAPH ON A PUBLIC VEHICLE DRIVER'S PERMIT; PROVIDING FOR INVESTIGATION, ISSUANCE OR DENIAL OF A PUBLIC VEHICLE DRIVER'S PERMIT; PROVIDING A SCHEDULE OF FEES FOR A PUBLIC VEHICLE DRIVER'S PERMIT; PROHIBITING THE TRANSFER OF A PUBLIC VEHICLE DRIVER'S PERMIT; PROVIDING FOR A SURRENDER, REVOCATION OR SUSPENSION OF A PUBLIC VEHICLE DRIVER'S PERMIT; REQUIRING HOLDERS OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO FILE SCHEDULES OF RATES AND CHARGES; REQUIRING SCHEDULES OF RATES AND CHARGES TO BE POSTED IN PUBLIC VEHICLES; MAKING IT UNLAWFUL TO CHARGE RATES IN EXCESS OF THE ESTABLISHED RATES; REQUIRING CERTAIN EQUIPMENT IN PUBLIC VEHICLES; SPECIFYING VEHICLE TYPE FOR PUBLIC VEHICLES; IMPOSING CONDITIONS OF CLEANLINESS AND LIGHTING REQUIREMENTS ON PUBLIC VEHICLES; PROVIDING FOR MECHANICAL INSPECTION OF PUBLIC VEHICLES; REQUIRING PUBLIC VEHICLES TO DISPLAY CERTAIN IDENTIFYING LETTERS AND SIGNAGE; PROVIDING FOR REGULATION OF TAXIMETERS; PROVIDING PROCEDURES FOR SUBSTITUTION OF EQUIPMENT; LIMITING THE NUMBER OF PASSENGERS TO BE CARRIED IN A PUBLIC VEHICLE; PROHIBITING THE TRANSPORTING OF NONPAYING PASSENGERS WITH PAYING PASSENGERS WITHOUT APPROVAL; PROHIBITING THE RECEIVING OF POLICE RADIO CALLS; REGULATING STANDS, DEPOTS, TERMINALS AND PARKING OF PUBLIC VEHICLES; PROHIBITING CRUISING AND CERTAIN SOLICITATION; REQUIRING DRIVER'S ATTENDANCE TO PUBLIC VEHICLES; REQUIRING THE MAINTENANCE OF RECORDS; PROVIDING • • PROCEDURES FOR THE DISPOSITION OF LOST MONEY OR PROPERTY; PROHIBITING THE CARRYING OF ALCOHOLIC BEVERAGES IN PUBLIC VEHICLES; REQUIRING THE REPORTING OF ACCIDENTS; SPECIFYING INSURANCE REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: Section 1. Chapter 683, Vehicles for Hire, of the Code of Ordinances of the City of Cape Canaveral is hereby enacted as follows: Sec. 683.01 Definitions. The following words and phrases shall have the meanings ascribed to them by this section for the purposes of this chapter unless it appears from the context that a different meaning is intended. A. Certificate shall mean the certificate of public convenience and necessity granted by the City Manager to persons in the business of operating public vehicles. B. Driver shall mean any person in charge of or operating any public vehicle. C. Public Vehicle shall mean any motor - driven vehicle used for the transportation for hire or reward of passengers upon the streets of the City, operated continually or occasionally as a taxicab, for -hire car, or other such vehicle, except buses being operated under franchise and over fixed routes and between fixed termini and ambulances and conveyances used in connection with the conducting of funeral services. D. Owner shall mean any person having control of the operation or maintenance of a public vehicle, including any person having control of the collection of revenue derived from the operation of public vehicles and including the purchaser of any public vehicle under a conditional sales contract or other title- reserving agreement. E. Specified criminal offense shall mean any criminal offense described in the following chapters of the Florida Statutes: Chapter 794, Sexual Battery, Chapter 796, Prostitution, Chapter 800, Lewd; Indecent Exposure, Chapter 810, Burglary and Trespass, Chapter 812, Theft, Robbery and Related Crimes, Chapter 817, Fraudulent Practices, and /or Chapter 893, Drug Abuse Prevention and Control. 2 • F. Street shall mean any street, alley, avenue, lane, public place or highway within the City. G. Taximeter shall mean a meter instrument or device attached to a public vehicle which measures the distance driven and the waiting time upon which the fare is based. Sec. 683.03 Application of chapter to vehicles, operators regulated by federal or state government. The provisions of this chapter shall not apply to any vehicle or the operator thereof when engaged in operations under and by virtue of any certificate or permit from the Interstate Commerce Commission of the United States or by virtue of a certificate of public convenience and necessity from the public service commission of the state when a permit is required for such operations by those regulatory commissions. Sec. 683.05 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. All licenses and fees contained in this chapter are annual fees. Each renewal fee shall be paid not later than October 1 of each year. Sec. 683.07 Compliance with chapter required. The operation of public vehicles within the City shall be subject to the conditions, regulations and restrictions set forth in this chapter. It shall be unlawful to operate such a vehicle until and unless the conditions, regulations and restrictions set forth and prescribed by this chapter have been complied with by the owner of any activity regulated under this chapter. Sec. 683.09 Certificate of convenience and necessity, license required. It shall be unlawful to operate, or cause to be operated, within the City any public vehicle until a certificate of public convenience and necessity and a license therefor have been issued to the owner thereof. 3 • Sec. 683.11 Application. • An application shall be filed in duplicate for the certificates of public convenience and necessity and vehicle permits required by this chapter. Such application shall be made by the owner or proposed owner to the City Manager and shall furnish the following information: A. The full name, any aliases, and the home and business-address of the applicant. B. The trade name under which the applicant does or proposes to do business. C. Evidence of insurance or insurability sufficient to meet the requirements of section 683.79 of the City Code of Ordinances. D. The number and kind of vehicles, showing seating capacity, design and color scheme of each and the lettering and marking to be used thereon. E. The character and location of the depots, terminals and stands to be used. F. Each conviction or plea of guilty or nolo contendere for the violation of any criminal law, including traffic infractions of any kind, whether such violation is of a municipal ordinance, state law or federal law and the date and place of conviction or plea. G. The specific experience of applicant in the transportation of passengers for hire or related occupations. H. The schedule of rates and charges which will apply to the persons and their baggage transported by the applicant's public vehicles. Sec. 683.13 Approval of certificates of public convenience and necessity and vehicle permits. A. The City Manager shall have the authority to grant a certificate of public convenience and necessity and vehicle permits as applied for, or to grant a certificate and vehicle permit for a lesser number of vehicles than that specified in the application, or to deny the application. The City Manager shall approve the issuance of a certificate of public convenience and necessity when he finds the following have been met by the applicant: 4 • • • (1) The applicant has demonstrated an ability to meet the requirements of section 683.79 of the City Code of Ordinances. (2) The vehicles and the character and location of the depots, terminals and stands proposed to be used by the applicant conform to City ordinances. (3) The experience of the applicant in the transportation of passengers in public vehicles or related occupations have sufficiently demonstrated a capability to operate public vehicles in conformance with City ordinances. B. Applicants shall have the opportunity to appeal any action by the City Manager on their application to the City Council. Sec. 683.15 Burden of Proof. The burden of proof shall be upon the applicant for the certificate of public convenience and necessity to establish the existence of public convenience and necessity for the operation of the public vehicles designated in his application and all other facts required for the granting of the application. Sec. 683.17 Expiration. If a certificate of public convenience and necessity or vehicle permit is not used for a period of ninety (90) days, it will automatically expire. Sec. 683.19 Suspension and revocation. A. A certificate and vehicle permit issued under the provisions of this chapter may be revoked or suspended by the City Manager if the holder thereof has violated any of the provisions of this chapter, including the failure to pay any fee prescribed by this chapter, or has committed a specified criminal offense or a felony punishable by the laws of the United States. B. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to appeal the City Manager's decision to the City Council. Sec. 683.21 Transfer. Any certificate of public convenience and necessity and vehicle permit issued under the provisions of this chapter shall be transferable only by and with the consent of the City 5 • • • Manager. Application for any such transfer shall be filed with the City Manager, and upon the filing of such application for transfer, the person to whom the transfer is to be made shall file an application as if an original application were being made. The proceedings upon such transfer shall be the same as upon an original application. Sec. 683.23 Driver's permit. No person shall drive or operate a public vehicle within the City unless he shall have obtained a special permit to be known as "public vehicle driver's permit ", which shall be in addition to any other permit or license required of such person. Sec. 683.25 Penalty. Any person operating a public vehicle in the City without a public vehicle driver's permit shall be punished as provided by section 801.05 of this Code of Ordinances. Any owner of a public vehicle who shall permit the same to be operated by any person who does not have a valid and effective public vehicle driver's permit shall be subject to a like fine and imprisonment, either or both, in the discretion of the judge. Sec. 683.27 Application. A. Application for a public vehicle driver's permit shall be made in writing under oath to the City Manager and shall show the following: (1) Full name of applicant. (2) Present address. (3) Age. (4) Place of birth. (5) Place of previous address and employment for the past five (5) years. (6) Height. (7) Weight. (8) Color. (9) Color of eyes. (10) Color of hair. 6 • (11) Sex. • • (12) Whether or not the applicant is in good physical condition. (13) Whether or not the applicant has good hearing and good eyesight. (14) Whether or not the applicant uses, or has used within the past five (5) years, intoxicating liquors, drugs or any other form of narcotic, and, if so, to what extent. (15) Whether or not the applicant has ever been convicted of, pled guilty to or entered the plea of nolo contendere to a violation of any City, town, state or federal or other criminal law, including traffic infractions, and, if so, the date, place and the nature of the offense and such other information as may be required by the City Manager. (16) Whether the applicant has previously been employed as a driver or chauffeur or had a public vehicle driver's permit, and, if so, whether his permit has ever been revoked or suspended for any reason. (17) What experience, if any, the applicant has had in the operation of motor vehicles. B. Each applicant must apply for his permit in person and have his fingerprints taken, which fingerprints shall constitute a part of his application. Sec. 683.29 Photograph. Each applicant shall file with his application one recent two- inch -by- three -inch photograph of himself. The City will cause the photograph of the applicant to be attached to the permit, if issued, in such a manner that no other photograph may be substituted therefor without probability of detection. Sec. 683.31 Investigation; issuance, denial of permit card; posting of permit. The City Manager shall promptly make an investigation of the facts stated in the applications filed pursuant to Section 683.27 and shall make a written memorandum of his findings, which shall be kept in his office for the benefit of any interested party. If the City Manager finds that the applicant is at least eighteen (18) years of age, has a valid driver's license to operate a public vehicle and has submitted an application which is truthful, independently verifiable and 7 complete, has not been convicted within the last ten (10) years of a specified criminal offense or any felony punishable under the laws of the United States, or has committed any of the action specified in paragraphs (1) or (4) of subsection 683.37(B) within the twelve (12) month period immediately preceding the date of application, the City Manager shall issue the applicant a permit card. The permit card shall contain the name, home address, business address, employer, and a photograph of the applicant, which permit card must be posted in a conspicuous place in any public vehicle while being operated by or in charge of the applicant. If the City Manager does not find that the applicant possesses the qualifications to operate public vehicles upon the streets of the City, he shall refuse to issue such permit. Sec. 683.33 Fees A. The following fees are established for public vehicle driver's permits: (1) For each permit used: Eight Dollars ($8.00). (2) For each renewal of permit: Seven Dollars ($7.00). B. All such fees shall be collected by the City Manager or his designee and shall promptly be paid over to the City Treasurer - Finance Director to be placed in the general fund of the City. Sec. 683.35 Transferability; term of validity. No public vehicle driver's permit issued under this chapter shall be transferable. Every such permit issued under this chapter shall be good and valid unless revoked or suspended. Sec. 683.37 Surrender; revocation; suspension. A. The public vehicle driver's permit of any driver shall immediately become void and shall be surrendered immediately by him upon his conviction of or plea of guilty or nolo contendere to any specified criminal offense or a felony punishable under the laws of the United States. B. The City Manager, after ten (10) days' notice by personal service, shall have the power to revoke or suspend the permit of any driver issued a permit hereunder for any of the following causes: (1) Violation of traffic and safety laws and ordinances on two (2) or more occasions in any twelve (12) month period; (2) Failure to report any accident in which such driver is involved, however slight; 8 411 (3) not to be 1 • (4) influence (5) chapter; (6) chapter. Operation of any public vehicle known to the driver in good order and repair; Conviction of reckless driving or driving under the of drugs or alcohol; Violation of any substantial provision of this Failure to pay any license fee required by this Sec. 683.39 Schedule of rates and charges. Each holder of a certificate of public convenience and necessity shall provide the City Manager with a schedule of rates and charges and any revisions thereto which will apply to the persons and their baggage which are to be transported in his public vehicle(s). Sec. 683.41 Schedule to be posted. It shall be the duty of each operator of any public vehicle to have at all times affixed in a prominent and conspicuous place or places, readily visible to the occupants of both the front and rear seats of the vehicle, a schedule of the rates or charges for the transportation services furnished by the operator of the vehicles. Such schedules of rates and charges shall be in the form and substance established and approved by the City Manager. Sec. 683.43 Charging rates in excess of established rates declared unlawful. It shall be unlawful for the operator of any public vehicle to change or demand from any customer any sum of money in excess of those rates or charges posted in the vehicle. Sec. 683.45 Required equipment. Every public vehicle for which a certificate is issued under this chapter shall comply with the requirements for equipment established in this chapter. Sec. 683.47 Vehicle type, capacity. Each public vehicle regulated by this chapter shall be of the enclosed or sedan type with four (4) doors and of not less than five - passenger capacity. 9 • • • Sec. 683.49 General mechanical condition; cleanliness; lighting. Each public vehicle regulated by this chapter shall be at all times in good order and repair (i.e., having no damage or rust holes) with the interior of the vehicle kept in good appearance, the windows and doors secure and opening properly; mechanically safe (i.e., brakes, steering, exhaust system, tires and lights functioning properly) , and such vehicle to be in a clean condition and well ventilated when in operation, so as to render safe, adequate and proper public service, and so as not to be a menace to the safety of the patron of the car or the general public. Every vehicle shall be efficiently lighted at night. Sec. 683.51 Mechanical inspection. A. It shall be the duty of the operator of each public vehicle to submit such motor vehicle to the City Manager or his designee at least once every three (3) months, for the purpose of having the general mechanical condition of such vehicle examined and tested for safe efficiency. B. Upon completion of the inspection, the operator will submit to the City Manager of the City no later than ten (10) days from the inspection date, evidence that the motor vehicle has met the safety requirements of a public transportation vehicle and has passed the safety inspection. C. If any such vehicle shall be found to be unsafe, unfit, or in an unclean condition, the owner thereof shall be notified at once that such vehicle shall not be operated thereafter until such defective or unclean condition has been remedied to the satisfaction of the City Manager. Sec. 683.53 Letters, numbers required. Each vehicle regulated by this chapter shall bear on the outside on at least two (2) sides the name of the owner in letters not less than five (5) inches high and plainly visible at a distance of one hundred (100) feet; and on two (2) sides and the back, the owner's telephone numbers in letters not less than five (5) inches high and plainly visible at a distance of one hundred (100) feet. Sec. 683.55 Taximeters. All public vehicle operated under the authority of this chapter shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night, and, after sundown, the face of the taximeter shall be illuminated. Such taximeters shall be operated by a mechanism 10 of standard design and construction, driven either from the transmission �r from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipulated, would affect their correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw the flag of such taximeter into a nonrecording position at the termination of each trip. The taximeters shall be subject to inspection from time to time by the City Manager or his designee. Thereupon the public vehicle shall be kept off the highways until the taximeter is repaired and in the required working condition. Sec. 683.57 Substitution of equipment. No equipment shall be substituted for that described in the certificate of public convenience and necessity unless and until it has been inspected and approved by the City Manager and the substitution or addition has been endorsed on the certificate by the City Manager and attested by the City Clerk. Sec. 683:59 Number of passengers carried. Not more than one passenger shall be transported at one time unless the operator requests and receives the affirmative consent of the person first engaging the public vehicle. Sec. 683.61 Transporting nonpaying passengers with paying passengers. No nonpaying passenger shall be transported with a paying passenger, except bona fide officers or employees of the owner, or police officers or firemen engaged in the performance of their duty and unable to obtain other adequate means of transportation. Sec. 683.63 Receiving police radio calls prohibited; radios which may be used. It shall be unlawful to operate any public vehicle along the streets in which a radio is installed which is capable of receiving police calls. It shall not be unlawful for such public vehicles to be equipped with a radio capable of receiving only a standard broadcast or radio calls on a frequency assigned to the exclusive use of the entity operating such public vehicle by the Federal Communications Commission. 11 . Sec. 685.65 Stands, depots, terminals and parking. • A. Each owner or holder of a certificate of public convenience and necessity shall provide a stand, depot or terminal at his place of business for off - street parking or garage space of sufficient size to accommodate each vehicle authorized by such certificate. For the purpose of this section, two hundred (200) square feet of lot or floor area, together with approved means of ingress and egress thereto, shall be deemed to be a minimum parking area or garage space for one vehicle. E. No taxi stand shall be permitted on the streets within the City. It shall be unlawful for public vehicles to appropriate any portion of any City street as a location for storage, respite, convocation, assembly or staging when they are not employed in the carriage of persons or property or when awaiting or soliciting such employment without first having obtained a permit from the City Manager. Sec. 685.67 Cruising, soliciting business prohibited. Public vehicles shall not be permitted to cruise seeking employment. No person shall solicit patronage for any public vehicles by word, signal or otherwise on any public street or public property in the City. Sec. 685.69 Driver's attendance to vehicle. Every public vehicle while in operation for the solicitation or transportation of passengers shall be attended by the driver at all times, except when such driver is actually engaged in loading and unloading. Sec. 683.71 Maintenance of records. Every owner regulated by this chapter shall keep and maintain a clean, neat, written record, in form prescribed by the City Manager, showing for each day the number of public vehicles operated, the driver of each such vehicle, the origin and destination of all calls and by whom received and each trip made by such vehicle, the amount charged thereof, and such other information as the City Manager may require. Such records shall be open at all times to inspection by the City and shall be preserved for a period of not less than one year. No person shall knowingly make a record of a fictitious name in reporting a bona fide call, nor shall a fictitious or false address of the point of origin or designation be knowingly reported. 12 1 Sec. 683.73 Lost money or property. The person in charge of any public vehicle shall carefully preserve any money or other property left in such vehicle by any passenger and the same shall be deposited promptly with the owner of the vehicle who shall immediately turn over to the City Manager such money or other property, where the same may be called for by the owner. The City Manager shall keep a record of all such money or other property. When such money or property shall have been identified and ownership established, the same shall be promptly delivered to such owner. Any property, whether money or other thing, which shall not be called for within sixty (60) days shall be disposed of by the City Manager in accordance with procedures established by the City Manager. Sec. 683.75 Alcoholic beverages. The transportation of alcoholic beverages, other than alcoholic beverages in an unopened container carried in the possession of a passenger who is being transported for compensation at the regular rate and fare charged other passengers, in any public vehicle is prohibited. Sec. 683.77 Report of accidents. Every accident in which any public vehicle is involved shall be immediately reported to the City Manager, however slight the accident may be. Sec. 683.79 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 persons 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: Fifty Thousand Dollars ($50,000.00). (2) For death or injury to two (2) or more persons in any one accident: One Hundred Thousand Dollars ($100,000.00). (3) For property damage in any one accident: Ten Thousand Dollars ($10,000.00). 13 • B. If any such policy of insurance is cancelled as hereinafter provided, 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 thirty (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. Section 2. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. Section 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. Section 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA THIS 4th DAY OF January , 1994 aith G.- Miller, CITY ", APPROVED AS' =rFORM • •/ amone, MAYOR Jrst Reading: 12/7/93 Poste& 12/9/93 kivertised: 12/23/93 Secand Reading: 1/4/94 14 X . ABS !mils Trims SALAMONE X X