HomeMy WebLinkAboutOrdinance No. 03-1982M o CROF I LMED 1.18.83
ORDINANCE NO. 3 -82
AN ORDINANCE PROVIDING FOR RULES AND REGULATIONS
GOVERNING THE OPERATION OF TAXICABS AND VEHICLES
FOR HIRE WITHIN THE CITY LIMITS OF CAPE CANAVERAL,
FLORIDA; ESTABLISHING PENALTIES FOR VIOLATION OF
SAME; REPEALING ALL PORTIONS OF THE CODE IN CON -
FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Chapter 725, "Taxi Regulations ", of the
City Code of the City of Cape Canaveral, Florida is hereby
deleted in its entirety and replaced with the following:
CHAPTER 725
TAXI REGULATION
Sec. 725.01 The following definitions shall govern the
meaning of the following described words, as used in this
chapter:
(A) A Certificate of Public Convenience and Necessity
is defined as the license required to engage in a business which
operates taxicabs and other vehicles for hire.
(B) A U- Drive -It vehicle is defined as any motor vehicle
for hire including passenger cars, trucks, motorcycles, motor
scooters and motorbikes, rented or leased to others for hire,
without a driver.
(C) Call box stand means a place alongside a street or
elsewhere, where the City Chief of Police has authorized a
holder of a Certificate of Public Convenience and Necessity to
install a telephone or call box for the taking of calls and the
dispatching of taxicabs.
(D) Certificate means a Certificate of Public Convenience
and Necessity issued by the City Council of the City of Cape
Canaveral, Florida, authorizing the holder thereof to conduct
a taxicab business in the City.
(E) City means the City of Cape Canaveral, Florida.
(F) Cruising means the driving of a taxicab on the streets,
alleys or public places of the City in search of or soliciting
prospective passengers for hire.
(G) Council means the City Council of the City of Cape
Canaveral, Florida.
(H) Holder means a person to whom a Certificate of Public
Convenience and Necessity has been issued.
(I) Hotel or motel courtesy car is defined as a vehicle for
hire conveying passengers who are guests at a hotel or motel or
firm, being offered transportation services between affiliated
hotels or motels or to other points of transportation in Cape
Canaveral.
(J) Manifest means a daily record prepared by a taxicab
driver of all trips made by such driver showing time and place
of origin, destination, number of passengers and the amount of
fare of each trip.
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(K) Open stand means a public place alongside the curb
of a street or elsewhere, in the City, which has been designated
by the Chief of Police as reserved exclusively for the use of
taxicabs.
(L) Permit is defined as a license issued pursuant to and
under a Certificate of Public convenience and Necessity and is
an integral and indivisible part of said certificate. Such
permit or right enables holder of a certificate to operate
a motor vehicle for each permit. A permit cannot exist without
a Certificate of Public Convenience and Necessity.
(M) Person includes an individual, a corporation or other
legal entity, a partnership, and any unincorporated association.
(N) Police Chief means the chief law enforcement officer.
(0) Police Department means the body of law enforcement
officials bound to uphold the law and having arrest powers.
(P) Rate card means a card issued by the owner for display
in each taxicab which contains the rates of fare then in force.
(Q) Rental car with chauffeur is hereby defined as any
passenger type vehicle for hire that is rented with chauffeur
or driver, by the hour, day, week or month.
(R) Sightseeing vehicle is defined as a vehicle for hire
transporting passengers over the streets of the City, in accordance
with a contract previously made between the owner or operator
and the passenger.
(S) Taxicab is defined as a vehicle for hire conveying
passengers, at a rate of fare permitted by this chapter, and
for which vehicle the owner or operator thereof provides a person
to direct, drive and operate such vehicle and which is equipped
and operated with a meter as provided in this chapter.
(T) Taximeter means a meter instrument or device attached
to a taxicab which measures mechanically the distance driven
and the waiting time upon which the fare is based.
(U) Waiting time means the time when a taxicab is not in
motion from the time of acceptance of a passenger or passengers
to the time of discharge, but does not include any time that the
taxicab is not in motion if due to any cause other than the
request, actor fault of a passenger or passengers.
Sec. 725.02 In General.
(A) Application of article. All persons operating buses,
taxicabs or other motor vehicles for the transportation of persons
for hire upon the streets, avenues and roadways of the City
under authority of franchise, license or other permit granted
or issued by the City shall, in addition to all other lawful
regulations, be bound by the provisions of this article insofar
as such provisions shall be applicable to each and every such
person.
(B) Enforcement by Police Department. The Police Depart-
ment is hereby given the authority and is instructed to watch and
observe the conduct of holders and drivers and to enforce this
Section according to law and report any violation of rules and
regulations to the legislative body that would revoke the
Certificate of Public Convenience of the holder.
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(C) Exemption. Taxicabs operating wholly or principally
without the City shall not be subject to this Chapter and
shall be permitted to deliver or discharge passengers within
the City. Exempt taxicabs, as set forth herein, shall not be
authorized the use of taxicab or bus stands within the City or
the obtaining of passengers within the City without being
subject to the provisions of this Chapter.
(D) Constitutionality. If any provision of this chapter
or the application thereof to any person or circumstances is
held invalid, the remainder of this chapter or the application
of such provision to other persons or circumstances shall not
be affected thereby.
(E) Penalties. Any person or persons, owners or owner's
agent, or member or employee of any firm, company or corporation
who is convicted of violating any provisions of this chapter
for which a penalty is not otherwise provided in this chapter,
shall be punished by a fine of not more than two hundred dollars
($200.00) or by imprisonment not exceeding thirty (30) days, or
both such fine and imprisonment.
Sec. 725.03 Certificate of Public Convenience and
Necessity Required. No person shall operate or permit a taxi-
cab, motor vehicle for hire, or bus owned or controlled by him
to be operated as a vehicle for hire upon the streets of the
City without having first obtained a Certificate of public
Convenience and Necessity from the Council.
(A) Application for Certificate. An application for a
certificate shall be filed with the Clerk of the City upon forms
provided by the City. Such applications shall be verified under
oath and shall furnish the following information:
(1) The name, residence address and proposed place
of business of the applicant; if the applicant be a co-
partnership, the application shall give the names and
residence addresses of the copartners; if the applicant
be a corporation, the application shall set forth the
name of the corporation and the residence addresses of
its officers and board of directors.
(2) The actual owner or owners of said vehicles if
applicant does not own said vehicles.
(3) The financial status of the applicant, including
the amounts of all unpaid judgments against the applicant
and the nature of the transaction or acts giving rise to
such judgments.
(4) The experience of the applicant in the trans-
portation of passengers.
(5) The number of vehicles to be operated or
controlled by the applicant and the location of proposed
depots and terminals.
(6) The color scheme or insignia to be used to
designate the vehicles of the applicant.
(7) The proposed time schedule of operation and
the rates of fare to be charged, which rates, when
approved, shall not thereafter be increased or decreased
without the prior approval of the City Council.
(8) Such further information as the Council may require.
(9) Such application shall be accompanied by a
tender of the license fee as provided by this Chapter.
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(B) Permit, Certificate of Public Convenience and
Necessity; Renewal. The holder of a Certificate of Public
Convenience and Necessity shall be entitled (as a matter of
right) to a certificate each year by making application to the
City License Inspector and submitting the following information.
Such renewal shall set forth the number of permits operated by
said certificate holder during the previous year. The certif-
icate holder shall be entitled (as a matter of right) the same
number of permits held at the end of the previous year.
Information required to renew a Certificate of Public
Convenience and Necessity:
(1) Name and address of applicant, and, if a
corporation, names and addresses of its officers and
directors.
(2) The actual owner or owners of said vehicles
if applicant does not own said vehicles.
(3) Accurate certified account of records for the
previous year or the nearest previous accounting period
including profit and loss statement for the previous
year, setting forth earnings and expenditures for
operation, insurance premiums paid, including but not
limited to unemployment, workmen's compensation, social
security, public liability.
A filing fee of one hundred dollars ($100.00) shall
accompany each renewal application for a Certificate of Public
Convenience and Necessity for taxicabs. This fee is in addition
to the fee required in Chapter 721 to operate under a master
Certificate of Public Convenience and Necessity.
Each application for Certificate of Public Convenience
and Necessity shall be accompanied by a tender of the license
fee, as provided by this Chapter.
Sec. 725.04
(A) Hearing on Application for Certificate, Effect of
Denial, and Matters Considered.
(1) Upon filing application and payment of fees,
the Council shall fix a time for hearing and acting
upon such application. Notice of such hearing shall be
given to the applicant and all other operators of any
hack, taxicab, motor bus or other public vehicle for
the carriage of passengers for hire within the City.
Such notice shall contain a brief summary of the subject
matter of the application, the type of service proposed,
the territory to be served and any other pertinent facts
in connection therewith, and shall be mailed at least
ten (10) days prior to the date assigned for hearing
of such application. At the time specified in such
notice or at such subsequent time as may be fixed by
the Council, a public hearing upon such application
shall be held by the legislative body. At or after
such hearing, the Council may issue a Certificate of
Public Convenience and Necessity, or may issue the
same with modifications or upon such terms and conditions
as in its judgment the public convenience and necessity
may require, taking into consideration the effect that
the granting of such certificate may have upon trans-
portation facilities within the territory sought to be
served by the applicant and also the effect upon trans-
portation as a whole within the City.
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(2) When any such application is heard and denied,
the legislative body shall not thereafter entertain any
further application covering the identical or similar
routes, schedules or services until the expiration of
at least six (6) months from the date of such denial.
(3) In making the above findings, the City shall
take into consideration the number of similar vehicles
already in operation, whether existing transportation
is adequate to meet the public need, the probable
effect of increased service on local traffic conditions,
and the character, experience and responsibility of the
applicant.
(B) Issuance of Certificate; Contents.
(1) If the City finds that further transportation
service in the City is required by the public convenience
and necessity and that the applicant is fit, willing and
able to perform such public transportation and to conform
to the provisions of this article and the rules promulgated
by the City, then the City body shall issue a certificate
stating the name and address of the applicant, the number
of vehicles authorized under such certificate and the
date of issuance; otherwise, the application shall be
denied.
(2) Every Certificate of Convenience and Necessity
issued under the provisions of this article shall contain
among other things, the following: the rates of fare to
be charged, the color scheme or insignia to be used, and
such additional terms, conditions, provisions and
limitations as the legislative body shall deem proper
or necessary in the public interest.
(3) Each automobile for hire subject to the pro-
visions of this article shall display in a conspicuous
place the Certificate of Public Convenience and Necessity.
Sec. 725.05 Certificate of Public Convenience and
Necessity; Sale, Transfer or Lease of Certificates.
No Certificate of Public Convenience and Necessity issued
for taxicab operators shall be assigned, transferred or leased
without written application verified by the transferor and .
transferee, setting forth .the following:
(1) The contract which forms the basis of the
sale or transfer.
(2) Certified financial statement of the transferee.
(3) Affiliation, ownership or control in any
transportation company including taxicab firms or corporations.
(4) Control or affiliation, if any, in respect of
existing certificate holders.
It shall be unlawful for any certificate holder to transfer
in part a Certificate of Public Convenience and Necessity. It
is deemed the policy of the City that a permit cannot be
transferred separate and apart and without the sale, transfer
or assignment of the certificate; provided, however, that a
certificate holder may sell, assign or transfer to another
certificate holder a portion of its permits with the approval
of the City Council.
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M o CROF a LMED 1.18 -83
It shall be unlawful for any person, firm or certificate
holder to lease certificates or permits without first applying
to the City for permission therefor. In consideration of sale,
transfer or lease of a Certificate of Public Convenience and
Necessity the Council shall hold a Public Hearing giving
notice as provided in Section 725.04 which will provide all
certificate holders an opportunity to be heard or present
objections in connection with such sale, transfer or lease.
Sec. 725.06 Continuous adequate service and compliance
with City Ordinances.
The service of the holder of every Certificate of Public
Convenience and Necessity shall be operated regularly to the
extent reasonably necessary to meet the public demand for
service and in accordance with this chapter. If the service
of any certificate holder is discontinued for any reason
except on account of strike, act of God or cause beyond its
control, or any provision of this chapter violated, the
City Manager shall give written notice to said certificate
holder to restore service and /or comply with this chapter
or allow suspension. Within thirty (30) days after the notice,
the City Manager may recommend to the Council that
the certificate and /or permits be revoked or suspended and the
Council shall set the matter down for hearing on the question
of suspension or revocation as hereinafter provided.
Sec. 725.07 Suspension or revocation of a Certificate
of Public Convenience and Necessity.
A holder of a Certificate of Public Convenience and
Necessity shall have the certificate suspended and /or revoked
if, after a public hearing (giving notice as provided in
Section 725.04 held by the City Council, the holder is found
guilty of any of the following:
(1) The use of a tag issued under a permit for
handicapped vehicles on any regular taxicab.
(2) The sale, transfer or lease of a Certificate
of Public Convenience and Necessity without the approval
required in Section 725.05.
(3) Violation of the provisions of Section 725.43,
Operation of Taxicab; refusal to obey.
(4) Violation of Section 725.26, Signs and Markings
on Vehicles, or Section 725.28, Misleading Advertising.
(5) Failure to keep proper records as required by
the provisions of this chapter.
(6) Failure to provide continuous adequate service
as defined in Section 725.06.
(7) Failure to obtain, purchase and pay for permit.
(8) Failing to make use of a certificate issued
thereunder for a consecutive period of six (6) months.
(9) Such violations set forth and in effect under the
provisions of this chapter and the ordinances of the City
pertaining to traffic offenses.
(10) Undue number of meters register high or low as
described in Section 725.21, Taxicab Meter.
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MICROFILMED 1.18 -83
The hearing in connection with the revocation of a
certificate shall require the holder thereof to "show cause"
as to the alleged charges of failing to comply with the provi-
sions of this chapter. However, suspension is automatic if
section 725.10 is violated.
Sec. 725.08 Suspension or revocation of permits.
Permits (all or part) issued under a Certificate of Public
Convenience and Necessity shall be suspended or revoked if,
after a public hearing giving notice as provided in Section
725.04 held by the City Council, the holder is found guilty
of any of the following:
(1) Failure to have required inspection sticker
prior to use by public.
(2) Undue number of meters register high or low
as described in Section 725.21, Taxicab Meter.
(3) Failure to use number of permits authorized
within a six (6) month period from date of issuance or
renewal of permits.
(4) Violation of Section 725.20,. Rates, fares
and charges for taxicabs; general.
The hearing in connection with the revocation of a permit
shall require the holder thereof to "show cause" as to the
alleged charges of failing to comply with the provisions of
this chapter. However, suspension is automatic if Section
725.10 is violated.
Sec. 725.09 Certificate of Public Convenience and
Necessity; Replacement or Substitutions of Motor Vehicles.
A holder of a Certificate of Public Convenience and
Necessity and permits thereunder may make replacements or
substitutes of motor vehicles by obtaining the necessary
inspection statement on the new car from the City
Manager, and furnishing the license inspector with the in-
spection certificates, a statement of which vehicle is to be
replaced or substituted and the transfer of insurance, make
and model of the new model vehicle.
Sec. 725.10 Permit, Certificate of Public Convenience
and Necessity; Vehicles for Hire Required to Furnish Public
Liability and Property Damage Insurance.
After a certificate is issued but before a permit is
issued to any person or corporation to operate a taxicab as
defined in Section 725.01 hereof, such applicant for permit
shall place in the hands of the city license inspector policy
or policies of public liability and property damage insurance
for each vehicle operated as follows:
Type of Vehicle
Taxicab
Public Liability Property Damage
Policies Amount Policies Amount
$100,000.00/$300,000.00 $25,000.00
All such public liability and property damage insurance
policies shall be written by companies having, or enjoying,
a B and BB rating and authorized to transact business in
the State of Florida. Such policies shall be deposited with
the license inspector of said City and shall be kept in full
force and effect by the applicant at all times. Failure to
file such policy with the City license inspector or to keep
same in full force and effect shall automatically suspend the
certificate of necessity and permit granted to the vehicle
for hire covered by such policy.
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Notwithstanding the foregoing provisions, any said
applicant may elect to provide a part or all of the liability
limit amounts by self - insurance, provided, however, that any
such amount of self- insurance must comply in all respects with
the Florida Financial Responsibility Law. Before the insurance
requirements as set forth above may be waived or supplemented
by self - insurance with proof that the said Florida Financial
Responsibility Law provisions for such self - insurance have been
complied with.
Sec. 725..15 Interurban transportation.
Nothing in this chapter or section shall be construed to
prohibit any taxicab passenger vehicle from coming into the
City for discharging persons accepted for transportation
outside the City. While the said vehicle is in the City no
roof light or special light shall be used indicating that
the vehicle is vacant or subject for hire. No person shall
be solicited or accepted in such vehicle within the City
limits. Any person in control or possession of said vehicle
who violates this provision shall be subject to a fine of no
less than fifty ($50.00) or more than hundred and fifty ($150.00)
dollars for each offense.
Provided, however, the City Manager is authorized to waive
this requirement when it is necessary to cooperate with adjacent
cities where a large convention such as the Democratic or
Republican National Convention is held.
Sec. 725.16 Inspection of all vehicles before operation.
Before any taxicab can initially be placed in operation,
such vehicle shall be inspected as to its condition, equip-
ment, appearance, and there shall be secured for each vehicle
a statement from the City Manager certifying that such
vehicle has been inspected and found to be in good condition
and suitable for the purposes intended and further certifying
that such vehicle meets all of the requirements of this chapter.
Such statement shall be presented to the license inspector at
the time application for permit is requested.
No such vehicle shall be issued a permit until it has been
thoroughly and carefully inspected and examined and found to
be in safe condition for the transportation of passengers;
clean, fit and of good appearance and well- painted.. The
City Manager shall refuse to grant a statement of competency
to a vehicle which does not pass such inspection tests, and
if a vehicle already in operation is subsequently inspected
and does not meet the requirements of the inspection the City
Manager may suspend the operation of the vehicle found unsuited
for public patronage.
Any such taxicab which has previously been in operation
shall obtain such a statement issued within thirty (30) days
before obtaining an occupational license or permit for the
next year. All such taxicabs must be inspected by the City
Manager in September of each year. A charge of one (1) dollar
per vehicle shall be made for each inspection. Such vehicle may
be inspected by the police department or the City Manager at other
times as may be necessary but no charge shall be made for such
additional inspections.
Sec. 725.17 Advertising material permitted on certain vehicles.
The operators of taxicabs shall be permitted to display adver-
tising material on taxicabs and make a charge for such space pro-
vided that such advertising matter shall be displayed only by one
of the following two (2) methods:
(a) In a frame or holder on the rear panel of such
taxicab and such frame or holder shall not protrude over
the sides of the taxicab or the bumper or above the bottom
of the rear window, or
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MICROFILMED 1-18-83
(b) In a "V" -shape frame or holder on the roof
of such taxicab, which may be illuminated to display
the advertising material contained therein. Such
frame or holder and any sign contained therein shall be
noise -free and shall not protrude over the front or
back edges of the taxicab roofline, which is the point
where the roof, windshield and rear window of the
vehicle are joined.
No signs on taxicabs shall advertise any matter that might
tend to impair the public morals or welfare of the community.
The City Manager is hereby empowered and directed to promulgate
rules regulating the size (within the above - stated limitations),
type and subject matter of advertisements displayed on taxicabs
and the City Manager may order and compel the operators of any
such taxicabs to remove therefrom any advertising matter found
to be objectionable. It is declared to be against the public
interest for any certificate holder or operator to advertise
rates or cut rates in such frame or holder or in any other
place or on any outer portion of the vehicle.
Sec. 725.18 Companies to keep records of operation;
Examination by the City.
Every taxicab company shall keep accurate records of re-
ceipts from operations, operating and other expenses, capital
expenditures and such other operating information as may be
required by the City Council. Every company shall maintain
the records containing such information and other data required
by the chapter at a place readily accessible for examination
by the City Council; said records shall be kept for a period
of two (2) years.
Sec. 725.19 Companies to keep records of operation;
Daily record.
Each taxicab company shall keep a daily trip records of
the operation of each of its vehicles for hire. Such trip record
shall include the name of the driver, the vehicle number, the
time each call is dispatched, the destination of the passenger
and the time of arrival at that destination. The daily trip
records of the drivers shall be collected and stored by the
taxicab company at their main office of business and shall
be accessible to the police department or the City Manager
on demand.
Sec. 725.20 Rates, fares and charges for taxicabs; General.
The rates and fares and charges to be charged by taxicabs
by virtue of and pursuant to meters for the transportation of
passengers within the corporate limits of the City will be
prescribed by resolution.
Sec. 725.21 Taxicab meter.
No taxicab shall be allowed on the streets of the City
without a meter, which meter shall conform to the type of meter
usually maintained on taxicabs and shall be maintained and
used for the purpose of correctly measuring and computing
the charge for waiting time or the distance traveled by such
taxicab while employed and shall be operated by mechanical
means, the power for which is derived by cable from the
transmission of such taxicab or by star gear attached to the
front wheels of such taxicab, before such taxicab may be
operated for hire on the streets and thoroughfares of the
City. Such taxicab and meter shall be subject to inspection
by the City Manager.
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If a meter is found to be operating improperly, the City
Manager can summarily order that the meter be put out of service
until such time as the meter is corrected and rechecked by the
City Manager. If inspection of meters indicates that an undue
number of meters of any one operator repeatedly register high
or low, the City Manager may consider this as a proper basis for
recommending action leading toward the suspension or revocation
of the Certificate of Public Convenience and Necessity.
Sec. 725.22 Meter flag in taxicabs to be down when
transporting.
It shall be unlawful for any person operating a taxicab
on the public streets of the City to transport a passenger in
such taxicab unless the meter flag shall be down. When a
passenger engages and enters a taxicab, the flag, signal or
other device affixed to such taxi meter shall be so placed
as to denote that such taxicab is employed. This provision
shall apply even though the passenger is being transported
to a destination beyond the corporate limits of the City.
Sec. 725.23 Position of taxicab meters, lighting.
All taxicab meters shall be placed in such a position in
said taxicabs that the face thereof and the fare numerals may
be easily seen and read by a passenger sitting in any part of
the taxicab. No taxi meter shall be used between sunset and
sunrise unless the face thereof shall be illuminated by a
light so arranged as to throw a continuous light thereon.
Sec. 725.24 Cost of permit fee, age of vehicles.
The holder of, or applicant for a Certificate of Public
Convenience and Necessity shall pay for each permit or permits
thereunder a minimum fee as provided in Section 725.03, payable
when the new or renewal application for Certificate of Public
Convenience and Necessity is filed. Said fee shall apply re-
gardless of the age of the motor vehicle, except a limitation
that no vehicle shall be permitted to be operated whose age
is greater than five (5) years at the time of application;
the age or year to be governed by the manufacturer's serial
number.
Sec. 725.25 Identification and colors of taxicabs.
(1) The taxicabs of every owner operating a taxicab
in the City shall be of a color scheme and bear the
owner's trade name, monogram or insignia which are
clearly and easily distinguishable from the color
scheme, owner's trade name, monogram or insignia used
on the taxicab of any other owners already operating
under this Chapter. No change whatever in the color
scheme or distinguishing characteristics of any taxi -
cab shall be made without written permission from the
City Manager and it shall be unlawful for any person
soliciting patronage from any vehicle described in
this Chapter to represent by word, sign or insignia
that the vehicle for which he is soliciting such patron-
age is a vehicle owned or operated by other than the
actual owners.
(2) Every taxicab operated in the City shall bear the
following identification:
The owner's trade name, monogram or insignia,
together with a taxicab number and the owner's
telephone number shall be painted upon the
metal portion of the outside of each side of
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the taxicab. The cab number shall be painted
upon the outside rear panel of the taxicab
or affixed in such fashion as to be clearly
visible from the rear.
Sec. 725.26 Signs and markings on vehicles.
All taxicabs operated under the provisions of this chapter,
when situated or operated upon the streets of the City, shall
have a sign attached to or printed upon such vehicle reading
"Taxi" or "Cab ", and if desired such signs as may designate
the trade name under which such vehicle is operated;.pro-
vided, however, that it shall be unlawful for the operator
of any such vehicle for hire operated under the provisions
of this chapter to permit any other signs, either painted
or attached to such vehicle to be displayed thereon except
as permitted or required by this chapter.
It shall be unlawful for the operator of any vehicle
operated as a taxicab under the provisions of this chapter
to advertise or permit to be advertised on the outside of such
vehicle any advertisement relating to rates or cut rates.
Such rates shall only be shown within the cab on the meter
and on a display card within the vehicle.
Sec. 725.27 Permanent operating location; registration;
changes of location.
The owner of each and every motor vehicle used for the
transportation of persons, which is for hire within the City
shall have a permanent operating location for such motor
vehicle when such motor vehicle is not actually in operation.
A sign shall be displayed at such location advising the
public that such location is the permanent operating loca-
tion of the company and designating the kind of business
carried on at such location. Such operating location shall be
registered by the owner of the motor vehicle with the license
inspector and the owner shall notify the City Manager
and the license inspector of any change in the operating
location of the motor vehicle. Such location shall be in a
proper zoned area and shall be sufficient to accommodate
all vehicles for hire assigned to such location.
Sec. 725.28 Misleading Advertising.
It shall be unlawful for the owner or operator of any
vehicle for hire to advertise or solicit business in such a manner
as to confuse the public, either by imitating the name of any
competitor, his colors or by advertising or doing business
while using a name at that time being used by a competitor.
Sec. 725.29 Misinformation.
It shall be unlawful for any person operating under a
permit to induce any person to employ him or his vehicle by
knowingly misinforming or misleading such person as to the
time or place of arrival or departure of any train, airline,
steamship, or other public carrier or as to the location of
any public carrier depot or ticket office, hotel, public place
or private residence within the City of Cape Canaveral.
Sec. 725.30 Soliciting patronage for hotels or houses
of ill fame; selling alcoholic beverages; unlawful use of
vehicle.
It shall be unlawful for any driver of a taxicab to solicit
business for any hotel, or to attempt to divert patronage from
one hotel to another. Neither shall such driver engage in
selling intoxicating liquors or solicit business for any house
of ill repute or use his vehicle for any unlawful purpose.
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Sec. 725.40 Accidents, reporting to police.
All accidents arising from or in connection with the
operation of vehicles for hire which result in death or
injury to any person, or damage to any vehicle or property
shall be reported by quickest means of communication to the
police department of the City.
Sec. 725.41 Reporting convictions of drivers to companies.
Whenever any driver of a vehicle for hire has been
convicted of a violation of a City ordinance the police depart-
ment shall notify the City Manager of such conviction and the
"City Manager shall report such conviction to the
employing company when in his judgment the offense has a
relationship to the driver's employment.
Sec. 725.42 Disposition of property left in taxicabs.
It shall be the duty of each taxi driver to deliver to the
company office all property left in taxicabs by passengers
immediately after the property is found.
Sec. 725.43 Operation of taxicab; Refusal to convey.
No driver or operator of any taxicab shall refuse or
neglect to convey any orderly person upon request anywhere within
the city limits of the City for and in consideration of the
rates of compensation herein set forth; provided, however, that
such taxicab shall not have been previously engaged at the time
of such request, or such taxicab is not disabled in such manner
that it is unable to convey the person requesting transportation.
Sec. 725.44 Operation of taxicab; Obstructing traffic.
No driver shall park or stop or operate his vehicle in such
a manner as to unduly obstruct traffic or to constitute a
nuisance to other vehicles and pedestrians.
Sec. 725.45 Operation of taxicab; Passenger riding in
front seat permitted.
Passengers may ride in the front seat with the driver, if
they so request.
Sec. 725.46 Right of driver to demand fare in advance.
Every driver of any taxicab operating in the City shall
have the right to demand payment of the legal fare in advance
and may refuse employment unless so prepaid.
Sec. 725.47 Failure of passengers to pay fare.
It shall be unlawful for any person engaging the service
of any taxicab to fail or refuse to pay the lawful charge or
rate therefore upon request of the operator of such service
after the use of such vehicles for hire.
Sec. 725.50 Driver's Application.
No person shall operate any taxicab as defined in Section
725.01 hereof upon the streets of the City and no person who
owns or controls any taxicab shall permit it to be so driven
and no such vehicle licensed by the City shall be so driven
unless the driver of such vehicle has first applied and shall
have then in force a driver's application which shall contain
the following information:
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MICROFILMED 1-18-83
(1) Name and address of the applicant.
(2) Place or places of residence for the past
five (5) years.
(3) Age, height, color of eyes and hair and date
of birth.
(4) Place of birth.
(5) Places of previous employment for the last
two (2). years.
(6) Marital status.
(7) Whether the applicant has ever been convicted
of a felony or a misdemeanor, where and when.
(8) Whether he or she has ever held a taxicab
driver's or chauffeur's license, and if so, when and
where.
(9) Whether such license has ever been revoked,
and if so, for what cause.
(10) Whether his or her state operator's license
has ever been revoked, suspended, or has any restrictions.
(11) The names of three (3) reputable persons who
have been personally acquainted with the applicant for
a period of at least one (1) year.
(12) Any other facts or information as the Chief of
Police may require.
(13) Any other facts deemed important by the applicant
that he or she may wish to submit.
Each application shall be accompanied with a health
certificate from a physician acceptable to the City certifying
that the applicant is of sound physical health, sound physique,
is not addicted to the use of drugs and intoxicants, has good
eyesight and hearing, is not subject to heart disease, vertigo,
epilepsy, or any disease which might affect the operation of
a motor vehicle, and is not affected with any infectious or
venereal disease. Each application shall also be accompanied
by three (3) prints of a recent photograph of the applicant
of a size to be designated by the Chief of Police.
Sec. 725.51 Qualifications for Taxicab Drivers; Fee.
An applicant must meet the following requirements:
(1) Must be at least twenty -one (21) years of age.
(2) Must have a chauffeur's license issued by the
State of Florida.
(3) Must be able to read and write the English
language.
(4) Must be of good moral character.
(5) Must not have been convicted of a felony within
the preceding five (5) years.
(6) Must not have been convicted of three (3) or
more misdemeanors within the preceding year.
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MICROFILMED 1 -18 -83
The owner or operator of the taxicab company holding
the Certificate of Public Convenience and Necessity shall
insure that each taxicab driver complies with the above
qualifications, and shall pay a $10.00 application fee.
The City may suspend or revoke all Certificates of Public
Convenience and Necessity to operate taxicabs upon proof,
after due notice and hearing, that the owner or operator
failed to adequately investigate and insure that the applicant
qualified.
Sec. 725.52 Chauffeur's registration displayed in vehicle.
Every driver of a taxicab operating within the City shall
display in a frame in the driver's compartment, in full view of
the passenger, the most recent chauffeur's registration issued
to him by the State of Florida. Failure to display the same
at all times that the vehicle is in operation shall constitute
an offense and be punishable as provided in Sec. 801.02 of
the City Code.
Sec. 725.55 Stands; Use of established stands for loading
or discharging passengers or property.
No person operating a taxicab in or through the City shall
be permitted to have or maintain any stand on any street, alley
or avenue for the purpose of parking, loading or discharging
passengers or property on any street, alley or avenue within
the City except at established bus stops, bus stands, taxicab
stands and the like.
Sec. 725.56 Stands; Manner of using by operators.
Open stands shall be used by drivers of taxicabs on a
first come, first served basis, however, provided that no one
company shall unreasonably monopolize all spaces when drivers
of other companies seek the second, third or fourth space. The
driver shall pull on to the open stand from the rear and shall
advance forward as the vehicles ahead pull out. Drivers shall
stay within five (5) feet of their vehicles for hire; they
shall not solicit passengers or engage in loud or boisterous
talk while at an open stand.
Nothing in this section shall be construed as preventing
a passenger from boarding the vehicle for hire of his choice
that is parked at open stands.
Sec. 725.57 Parking in front of residences. No person
owning, driving or otherwise having in charge any taxicab shall
for more than five (5) minutes occupy with such vehicle the
street next to the sidewalk in front of any residence without
the express or implied consent of an occupant of such residence.
SECTION 2. All parts of the Code of the City of Cape
Canaveral which are in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall become effective
immediately upon its adoption.
OPTED by the City Council of the City of Cape Canaveral,
h day of April
, 1982.
Approved as to form:
/6i;L
torney
CALVERT
HARRIS
MURPHY
NICHOLAS -x
RUTHERFORL X
Firs ' Reading,
P • ted:
Advertised:
"�crnd Reading:
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