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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-055Proposed by: C•�],� .PQJ\ Temp. # 416 Introduced by: � YY1�l,Cc 6m CITY OF TAMARAC, FLORIDA ORDINANCE NO. '/W '� � AN ORDINANCE ADOPTING BROWARD COUNTY ORDINANCE NO. 76-17 BEING AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF TAXI CABS AND LIMOUSINES OPERATING WITH- IN BROWARD COUNTY; PROVIDING THAT BROWARD COUNTY SHALL HAVE REGULATORY JURISDICTION OVER THE TAXI CAB OR LIMOUSINE BUSINESS INDUSTRY; PROVIDING FOR ENFORCEMENT AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Ordinance No. 76-17 of Broward County, being an ordinance providing for the licensing and regulation of taxi cabs and limousines operating within Broward County is hereby adopted and approved as and for a county ordinance to be enforced within the municipal limits of the City of Tamarac. SECTION 2: That the City of Tamarac does hereby relinquish to Broward County, the regulatory jurisdiction over the taxi cab and limousine business industry and request that Broward County assume pursuant to County Ordinance '76-1.7 the regulatory jurisdiction of the industry within the City of Tamarac. SECTION 3: That the City of Tamarac, pursuant to County Ordinance 76-17 and its sections and sub -sections retains to the city police force the right to enforce the provisions of the county ordinance concurrently with the jurisdiction of the other police forces and county sheriff's office authorized to do so. 1 SECTION 4: That County Ordinance 76-17 is specifically incorporated in and approved by this ordinance in full and shall be published in the municipal code of the City of Tamarac. That further any amendments to County Ordinance 76-17 passed by Broward County shall automatically be deemed not in conflict with the ordinances of the City of Tamarac and shall become part of the municipal code of the City of Tamarac upon passage by the County Commission. Further that any such amendment shall be printed in the Municipal Code of the City of Tamarac. SECTION S: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 6: That this ordinance shall become effective immediately upon its final reading. PASSED ON FIRST READING THIS'day of 0CJ .91976. PASSED ON SECOND READING ATT"r C Y-C.LERI I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE WTY TOR Y RECORD OF COUNCIL VOTE MAYOR W. FAL CK V9^.4 H. r:9ASSARO�,„ CIN M. KELCH C174 0 TUCKER CIM M. WEINBERGER rA.L e 0 A ORD INA'NCE NO. 75-17 2 )�_�7 ORDINANCE ?! OVIDTNG FOR THE LICENSING AND REGULATION OF I TAXICABS AND LIMOUSINES OPERATING WITHIN BRO' -kl p COU:3TY; PROVIDING DEFINITIONS; REQUIRING CERTIFICATES OF PUBLIC CC'DWF TENCE AND NECESSITY; PROVIDING" FOR APPLICATIO-NS FOR AND ISSUANCE OF CERTIFICATES OF PUBLIC CO'NFIENIENCE AND NECESSITY; PROHIBITING ASSIGNTIENT OR TIELLNScER OF CERTIFI-- CAT,:S UNLESS APPROVED BY THE BOARD OF COUNTY CO:21ISSIOM4:_URS; c , REQUIRING CERTIFICATE HOLDERS TO KEEP RECORDS OF T'dEIR Op- t E_'LATI0N5; REQUIa�:;G OPERATING PERNMITS AND PROVIDING ST_ 21D- 7 ARDS AND FEES FOR ISSUANCE OF S;kME; PROVIDING FOR EXPIRA- TION_AND RENEWALS OF OPERATING PERMITS; PROVIDING aEQUIRE- 8 i MIENTS FOR VEHICLES OPERATING PURSUANT TO AN OPERATIN' PER- MIT; PROHIBITING TRANSFER OR ASSIGNMENT OF OPERA`ri';G PER-- 9 MTTS; PROHIBITING ALTERATION OF VEHICLES. AFTER.ISSU-INCE 0 AN OPERATING PERMIT; REQUIRING CHAUFFEUR'S REGISTR.LLIONS 10 AND PROVIDING STANDARDS FOR THE ISSUANCE OF. SAME; PROVID- ING FQR EXPIRATION AND RENEWALS OF CHAUFFEUR'S REGISTRA- TIONS; PROVIDING RULES AND REGULATIONS FOR CHAUFFEURS; PRO- VIDING FOR A TAXI DIVISION AND PRESCRIBING ITS DUTIES _42,11) - 12 RESPONSIBILITIES; PROVIDING RULES FOR OPERATION INCLLrDING A DISTINCTIVE VEHICLE COLORING SCHEME FOR EACH OPERATOR, A 13 NUMBERING SYSTEM, DESIGNATION OF TAXICAB STANDS AND RULES GOVERNING THEIR USE, A PROCEDURE FOR HANDLING LOST PERSONAL i4 PROPERTY, VEHICLE INSPECTIONS, TRIP SHEETS, AND A CENTRAL PLACE OF BUSINESS FOR EACH OPERATOR; REQUIRING TAXIMiETFRS, 15 FOR ALL. TAXICABS; PROVIDING FOR TAXIMETER INSPECTIONS BY TAXI DIVISION; REQUIRING TAXIMETERS TO BE VISIBLE TO PASSEN- 16 GERS, SEALED, AND OPERABLE WHEN THE TAXICAB IS HIRED; PRO- HIBITING COLLECTION OF FARE DIFFERENT FROM THAT SHOWN BY THE 17 TAXIMETER; PROHIBITING TAMPERING WITH TAXIMETERS; PROVIDING FOR UNIFORM COUNTY -WIDE RATE REGULATION BY THE BO.kU OF 18 COUNTY COMMISSIONERS; PROHIBITING MUNICIPAL RATE REGULATION;_ - PROVIDING FOR INVESTIGATION, NOTICE AND HEARING OF RATE T 19 CHANGES; PROVIDING FOR LIABILITY INSURANCE REQUIREMENTS TO OPERATE VEHICLES PURSUANT TO THIS ORDINANCE; PROVIDING MINI- 20 MU'� SAFETY STANDARDS FOR VEHICLES; PROVIDING FOR Mb-NICIPAL REGULATION OF THE INDUSTRY; PROVIDING MINIZU`i STA_IDARDS FOR 21 MUNICIPAL REGULATIONS; REQUIRING MUNICIPALITIES REGULATING THE INDUSTRY TO PROVIDE INFORMATION TO THE TAXI DIVISION; 22 PROVIDING FOR SUSPENSION OR REVOCATION OF CERTIFICATES, PER- MITS OR REGISTRATIONS; PROVIDING FOR NOTICE AND HEARING FOR 23 I SUCH SUSPENSIONS OR REVOCATIONS; PROVIDING FOR APPELLATE PRO- CEDURE; PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS 24 OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE PROVI_ SIONS OF THIS ORDINANCE; PROVIDING SPECIAL PROVISIONS-CON- 25 CERNING FLORIDA PUBLIC SERVICE CO�LMISSION PEPMLITS AND MUNICT- - PAT PERMITS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 26 EFFECTIVE DATE. 27 28 BE TT ORDAINED BY TRUE BOARD OF COUNT CO;MISSIONERS OF BROWARD JJ 1 31) r; .section 1. Det.LnLtions For the purpu�;es of this Ordinance, the following definitions shall wpp Ly: 1 "� "' 4� �1 6� 7 9 10 11 12 13 14 15 16 - I 17 18 19 20 21 22 23 24 25 26 27 28 23 30 31 32 33 (a) "Certificate" means a Certificate of Public Convenience and Necessity authorizing the holder thereof to engage in providing; the transportation services described thereon. (b) "Chauffeur" means a duly licensed driver registered with the Taxicab Division to operate a taAcab or limousine- (c) "Commission" weans the Board of County Corr-aissioners of Broward County, Florida. (d) "Director" means the director of the Broward County Taxi Division;.=Department of Transportation. (e) "Division" means the Broward County Tarsi Division. (f) "Dormant Certificate" means a certificate or permit required under this Ordinance not in active use.duri:g any consecu- tive six-month period. (g) "Fares" or "Rates" means the charges established pursuant to this Ordinance to be paid by passengers for the tzansporta- ..tion services provided by a certificate, permit or registra- tion holder. (h) "Industry" means the taxicab or limousine business. (i) ."Limousine" means any unmarked motor vehicle not equipped with a taxi meter, providing seating accommodations for not more than eight (8) persons, exclusive of the driver, charge for the use of said limousine is determined by the length of time for which said limousine is engaged, or by a charge for each trip fixed by agreement in advance, and where the route or destination is controlled by the passenger. (j) "Permit" means an -operating permit authorizing the holder thereof to utilize the motor vehicle described in said permit for the transportation of passengers pursuant to this Ordinance (k)- "Registration"means a chauffeur's registration authorizing the holder thereof to operate taxicabs or limousines, subject td the provisions of this Ordinance. (1) "Street" means any public street, avenue, road, bouldvard, alley, lane, -highway, sidewalk, public park, viaduct or other public place located in the County and established for the use of vehicles. (m) "Taxicab" means a motor vehicle designated to accommodate not more than eight (8) passengers, exclusive of the driver, op= erated for hire only at lawfully prescribed rates recorded and indicated by a taximeter in operation when the vehicle is in use for transportation of any passenger, and the route or des- tination of which motor vehicle is controlled by'the passen- gers therein. (n) "Taximeter" means any approved internally mounted device whicb records and indicates a charge or fare measured by distance traveled, waiting time or other items of charge. (o) "Waiting; Employment" means that the vehicle and chauffeur is in proper condition, location and attendance so as to be hired for service. (p) "Operator" means a certificate, permit or registration holder as the case may be. �.J 1 -1 _2_ i 1 1 1 s Section 2. Certificates of Public „Convenience and t,ecesaity 2 A. From and after the effective date of this Ordinance, it shall 8 be unlawful for any person to use, drive or operate or to causz or pang-Lt any 4 other person_ to use, drive or operate any taxicab or lim.ousina upon tha streets of Broward County without first obtaining a Broward County Certifi-- 6 cats of Public Convenience and Necessity pursuant to the provisions of this Ordinance; provided howerrer, that the provisions of this Section shall not 8 ! apply to the following: 9 (1) operation of such taxicabs or limousine pursuant to au- 1 0 thority conferred by a municipality in accordance with Section 11 of this 11 Ordinance, provided however, this exemption shall only apply to such opera- 1 2 tions wholly within the corporate limits of the regulating municipality; and 13 (2) discharge of any passenger picked up pursuant to legal 14 authority within a municipality regulating the industry in accordance with, 15 Section 11 of this Ordinance; and 16 (3) discharge within.Broward County of any passenger picked. 17 up in another County, provided that the carriage of such passenger is legal.-- 18 Iy authorized. 19 (4) operation under a valid Certificate -of Public Convenience 20 issued by tha Florida Public Service Commission or the: Interstate Commerce 21 'Commission. 22 B. Every application for a certificate hereunder shall be in 23 writing, signed and sworn to by the applicant, and shall be filed with the 24 Bro:ra.rd County Taxi Division. The application shall be on a form provided 25 by the Taxi Division and shall contain ,the following: 20 (1) If the applicant is an individual, the name, age and ad-- 27 dress of the applicant and the :length of time the applicant: has resided in 28 the County; if a partnership, the business name of the partnership and the 29 name, age And address of each partner and the length of time each partner 30 has resided in the County; if a corporation, the names and addresses of its 31 principal offi.cer8 and the names and addresses of all directors thereof. 732 (2) The class of transportation service which applicant de- '' 33 sires to furnish, including whether taxicab or limousine, a brief descrip-- J L -3- Lr tia:z oc the kinds and types of vehicles, seating capacity of the vehicles, i seating arrangements, and size and gross weight thereof. (3) The name and addresses of at least three (3) residents of the County as references. (4) The trade name under which the vehicles will be operated i 6 i; and a description og the.,proposed color design for said vehiclea. 7 (5) A factual statement indicating the public need for the proposed services, the anticipated market to be served, any deficiencies in service provided by existing certificate holders and such other pertinent in- 10 11 12 13 14 �. 15 . 16 17 18 19 20 2i formation as the applicant may desire to present. (6) A record of all vehicular and pedestrian accidents in- volving property damage and/or -person injury in which.the applicant has been directly involved and which have occurred within five (5) years of the date of the application. Details to be included are the date of -accident, names of persons involved, amount of any property damage (e:cpressed in dollars) final judgments rendered by the courts in event of civil and/or criminal ac- tions, location where the accident occurred and any, other pertinent details. (7) A record of all crimes (excluding traffic) of which the !� applicant has been convicted within five (5) years preceding the date of -the application. -in the case of -a corporate applicant, this information shall be� obtained from all corporate officers and directors. (S) The applicant's fingerprints and photograph, taken by the 22 23 Broward County Sheriff's office, or other law enforcement agency shall be at- 24 tached to the application at time of filing. Each application *,shall be ac- companiedby a two hundred fifty dollar •($250.00) payment, Which shall be 'hbn- 2 refundable. Each applicant shall file with his application an agreement to 2 7 comply with Section 9 of this ordinance prior to the issuance of any certifi- 2 3, Cate or permit. C. The 'Taxicab Division shall investigate each certificate appli- cation and report its findings and recommendations to the County Administrato . The County Administrator may require such further investigation or additional in{ormatd.on as may be necessary to adequately inform the Commission about the applicant's proposed operations and the public need therefor. Such reports 1 L --4- 1 1 � I i 2 1 3 4 5 b 7 8 sh-all be a part of the record before the Commission- D. The Commission shall hold one (1) public hearing each year, toi be :Scheduled during the month of June to considar and take action upon. appli- cations for certificates and all pending hatters pertaining to certificates as hereinafter described. The Commission may schedule such additional public i hea-rincs regarding certificates as it may deem advisable and as the public convenience and necessity require. The Clerk of the Com-mission shall pro _ may vide public notice of the agenda by certified mail to the applicant and all h ld f an such public hearing at least twenty (20) days prio 9 certificate a era o y 10 to the date thereof. The Commission,.after such public hearing may issue a 11 certificate as applied for or refuse to issue the same, or may issue a certi- 12 f icate with such modifications or upon such terms and conditions as im its 13 judgment the public convenience and necessity may require. However, the Com- 14 mission shall not grant, an application unless the applicant can show: 1 7 (1) inadequacy of service provided by existing certificate holders; 16 (2) the fitness of the applicant to provide the proposed 17 services; 1 a (3) no adverse effect of the proposed services on the opera- tions of existing certificate holders; - 19 (4) demonstrated demands necessitating additional service; 20 (5) economic', social and environmental impact of proposed 21 service; 22 (b) the adequacy of the management plan of the applicant;- (7) benefits that will accrue to the public interest from 23 the proposed service. 24 Provided, however, that with reference to taxicabs, the Commission 25 shall at no time authorize more than one (1) taxicab or limousine vehicl.e,- 25 singly or in combination, per each one thousand (1,000).inhabitants of 27 Broward County according to the last State or Federal census. 23 E. Each certificate issued hereunder shall be signed by the Chai 29 person or Vice -Chairperson of the Commission, attested to by the County Cler' 30 and shall contain, in addition to the name and address of the applicant, a 31 statement of the class of -transportation service authorized thereby, and a 32 st:item�nt of the maximum service area for the motor vehicles to be used in =i thi} rendition of such service. ThE_ certificate shall also have stated c1 -5- t-erc:o., su:h additional terms, conditions, provisions and limitations as the 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2, 24 25 26 �7 2 n v 2c 3C 31 3% 33 J J Commission may deem necessary or proper in the public interest. F. The certificate provided hereunder, when -issued by the Co=is- sic-e, shell be forwarded to the Director who shall deliver the certificate to 5 j the applicant upon payment of the annual license tax hereinafter-)re'scribad, 6 and proof of compliance with Section 9 of this Ordinance. A copy of each 7 ff ceztificate-shall be tiled with the Taxi Division. 1 G. No certificate subject to this Qrdinarcn may be sold, assigned; transferred or its ownership structure charged or altered so as to result in a change or the possibility of a chan;e in the control of said certificate from the holder of said certificate to another until the proposed sale, as- sigazment, transfer or change in control shall have been approved by the Com- mission. The Commission, in considering the proposed transfer of ownership or control of the certificate, by either direct or indirect means shall de- termine, upon evidence submitted by the parties or any other party or person affected by the proposed transfer, whether or not said proposed transfer is contrary to the public interest or if said certi,ficdte, in whole or in part, is dormant within the meaning of this Ordinance. The Coniissi.on may approve said transfer or refuse to appirove said transfer or approve said transfer upon such te-ems and conditions or may reasonably alter, restrict or modify the terms and provisions of such transfer where the same may best serve the public interest. All such applications for approval of transfers shall be filed on forms provided by the director and shall be noticed for public bear- ing before the Commission in the manner provided by this Ordinance and the formal approval of the Commission shall be a condition precedent to any. such transfer. H. Each certificate holder shall keep accurate records of receipt) from operations, operating and other expenses, capital expenditures, and such other operating, information as may be reasonably required by the Taxi Divi- sion. Th-•. Director or his designee shall be allowed access to said records during normal business hours for the purpose of inspection or copying same. Such recards shall remaln confidential except as same shall become public I• records for the purposes of rate hearings or revocation, suspension or alter- ation heariags. 1 1 -6- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2c Y 3- 3. x, No certificate holder shall permit any vehicle operating pur- ,uant to said certificate to be operated, driven, or managed except ay a :hauffeur registered pursuant to Section 4 of this Ordinance. Section 3. 0 eratin P ez:;,.its. A. After an operator has secured a certificate hareunder and be-- fore any motor vehicle shall be operated under authority oL such certYwkcate, the operator shall mace 'application to the Taxi Division for a per -zit for each motor vehicle authorized to be operated pursuant to said carti`icawe. Each permit application shall. be in writing, verified by the certificate holder and shall contain the name and address of the operator, the certifi- cate number and the make, type, year of manufacture, serial number, State license plate number and seating capacity of each motor vehicle for which a Upori payment in the amount of Seventy Dollars ($70.00), permit is desired. the Taxi. Division shall issue to the operator a permit for each motor vehicle provided, that the vehicle or vehicles comply with the minimum requirements set forth in the certificate; and provided,.further, that said vehicle or vehicles comply with the requirements. of Section 10 of this Ordinarce. h it issued hereunder shall ex an Sure 30 of each � B. Each permit - year, and may be reneged upon payment of the fee prescribed in Subsection A, above. It shall be unlawful to operate any vehicle required to have an operat ing permit without such a current valid permit. C. No permit shall be issued for the operation of any vehicle, the condition of which would interf ere with or detract from the comfort, convenie; or safety of the passengers transported therein. In the event any motor ve- hicle for which a permit has been issued shall become unsafe to operate -or its body or seating facilities become so damaged, deteriorated or unclean ce ■ as to render said vehicle unfit for public use, the Taxi Divisionmay suspend the permit therefor until such tinE as the condition be remedied; provided, however, that no such suspension shall be effective until the permit holder or vehicle driver has received actual notice of the particular conditions to be remedied and a,minirtum of ten (10) days to remedy sane. D. Each permit issued he shall be separately numbered. "fhe'operating permit shall, tit all times, be displayad according to the regu- lations of the Dlvisl.on. -7- IM Z. Permits issued hereunder shall not be transferrable or -assign--( 2 3 1; 5 6 7 8 10 11 12 13 a 14 j 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 '3 aide bet Tian certificates of public convenience and necessity, but may be transferred within such certificates upon notification to the Taxi Division. F. No certificate holder shall.reconstruct, alter, modify,, add to or otherwise change the body, seating capacity or seating arrangement, of vehicle after a permit has issued pursuant to this Section, unless and until the consant of the Taxi Division shall have first becn obtained. Section G. Chauffeur's Registration. A. It'shall be unlawful for any person to drive, operate or contro any taxicab or limousine for compensation over any' -street in Broward County without first having obtained a chauffeur's registration from the Taxi. Divi- sion pursuant to this Section. B. Application for such chauffeur's registration shall be on forms provided by the Taxi Division and shall be accompanied by payment of five dollars ($5.00) which shall be non-refundable. The application shall contain the full name .and street address of the applicant and such other information as may be required by the Taxi Division to properly identify the applicant and disclose any information as to his character, reputation, physical quali- fications, past employment and conduct deemed relevant to the question of the qua"lificatiorr of the applicant for registration as a chauffeur. C. The 'Taxi Division shall investigate each application and pre- pare a report of its findings. The Taxi Division shall examine each appli- cant determining his knowledge of the County's geography, applicable traffic. regulations, and the State and County laws governing traffic, motor vehicles and their operation. The fingerprints of each applicant shall be obtained by the Taxi Division. D. The Taxi Division shall issue a chauffeur's registration when it is sho a that the applicant: (1.) holds a current valid chauffeur's license issued by the State of Florida; and (2) is able to spaa'_x, read, and write the English language; and (3) presents a letter. from a certificate holder certifying operation under the certi::icute; and M I lot, F I* _ 2 3 4 7 9 10 11 12 13 I 14 15 16 17 18 19 20 zl 22 23 24 25 26 27 28 r (4) has satisfactorily passed all required examinations_ E. No person shall be issued a chauffeurs registration who is ad-f ciicted to the use of narcotics or into_{icatino liquors; who has pled nolo coritendre and been con-victed of a felony or any criminal offense involving oral turpitude- or who has pled polo contendre.and been consisted of a 29 30 31 32 l 33 I crime involving the use of a deadly weapon or trafficking in narcotics. l I F. Each chauffeur's registration issued to run concurrent with the term of his State Chauffeur's license or so long as his State C'nauffeur's License remains valid, a fee of .five dollars ($5.00) per ;year shall be charges for the registration. Duplicate chauffeur's registrations may be issued upon' a showing, that the original has been lost or stolen and the payment of five dollars ($5.00). G. A chauffeur registered pursuant to this Section shall comply with the following regulations: .(I) No chauffeur shall refuse or neglect to transport to any place in the County any orderly person willing to pay the prescribed fare, in advance, and no chauffeur shall accept any additional passengers without the con-- sent of the passengers by whom the said motor vehicle may have already been engaged. (2) Each chauffeur registered pursuant to this Ordi.riance shall carry and disply, at all times while driving his vehicle, a current chauffeur registration and shall not drive a taxicab or limousine if said chauffeur registra- tion has been revoked or suspended. (3) A chauffeur shall not drive a taxicab or limousine, whose permit or certificate has been revoked or suspended. (4) No chauffeurs operating a taxicab shall transport passen- gers without a properly sealed and operating taximeter with the flag down, meter running, and tattle tale lights operating. (5) Chauffeurs shall keep their taxicab or limousine clean and orderly during all times when same is in active service. (6) Chauffeurs at all times shall maintain a neat appearance. (7) Chauffeurs shall. irnrnediately report to the police all accidents in which they are involved. (8) Chauffeurs shall not solicit passengers for hotels, nightclubs, resr.aurants, bars, -boarding houses, or any other business establishmant. (9) No chauffeur shall collect fares or corepansation for transportation other Chan at the establish,,d uniform rate, nor may any driver collect any additional payment Zo.r transportinS baggage. which accompanies the �I i passe�i;er; provided however, that this provision shall l not apply to gratuities, no shall the words "fares" or "co.-mpensation" be construed to include gratuities- 2� 3 Lt 1l 5` b� 7'i 9 10 11 12 13 14 15 ln' Xi 18 19 20 21 22 23 24 27 25 27 2,' 29 30 31 3c (10) Chauffeurs shall not operate any taxicab if the top or interior lights or the headlights or tail lights are not functioning properly. Likewise a taxicab or livou- sine shall not be driven unless the chauffeur scull have satisfied himself that the brakes, steering mecha'ZI_ ism, tires-, horn, windshield wipers, and side and rear-- viaw;Mirrors are in good working order. (ll) No chauffeur shall solicit any person, either in or out ` of his vehicle to transport such person to any place in Broward County or outside the 'county for the purpose of participation in prostitution, sexual lewdness, or ob- scenity, or for the purpose of participation in the violation of State or local laws. it shall be unlawful for any chauffeur of any taxicab or limousine to permit any person tO occupy or use such vehicle for the purpose of prostitution, pandering, or the violation of any other law of the State of Florida or Broward County. it shall be unlawful for any chauffeur to allow or permit the use of his vehicle.for any of the purposes prohibited in this entire Section when he has knowledge or reasonable cause to believe that his vehicle is to be so used or is being u:�ed.for such unlawful purposes. -(12) A chauffeur shall not use abusive language, nor be dis- courteous'to passengers. (13) No chauffeur shall operate a motor vehicle while his ability or alertness is so impaired, or so likely to be- come impaired, through fatigua; illness, or any other .. cause, as to make it unsafe for him to begin or continue to operate the motor vehicle. Rowever, in a case of grave emergency where the hazard to occupants of the ve- hicle or other users of the highway would be increased by I compliance with this section, -the driver may continue to uperate the motor vehicle to the nearest place at which that hazard is removed. (1C�) All chauffeurs shall. notify the Taxi Division of each change of employment'or address. (15) No chauffeur shall aseacit or of theaccept Certificate�undex whichgers the jurisdictional . he is operating. Sect 5. Taxicab Division. A. There is hereby created a Broward County Taxicab Division ector, Division of Mass and Rapi d Transit, Broward shall consist of the dir County Department of Tra nsportaion and such other employees as may be necessa to carry out the functions and duties of said Division. The Taxi Division shall be charged with the.followin_r, duties and responsibilities: (1) pry>cess, investigate and prepare reports on all applica- tlons for certificates, permits and registrations pur- suant to Sectioris 2, 3 and 4 of this Ordinance. 17 r 2 3! 4 5 17 9 10 1112 13 14 15 • 16 17 I 18 19 -2-0 21 22 23 24 25 26 f 27 28 J 29 30 31 4� 32 33 (2) investigate and prepare reports on alleged violations• of the provisions of this Ordinance. (3) investigate, process and prepare reports on industry rates pursuant to Section 8 of this Ordinance. (4) enforce the provisions of this Ordinance. (5) maintain a telephone book listing. (6), attcmpt to resolve complaints received from any source concerning the industry. '. (7) issue all approved certificate:, permits and registra- tions pursuant to the provisions of this Ordinance, and maintain appropriate files of same. (8) perform any other functions assigned to the Division by the County Administrator. B. The Director may propose and the County Administrator may promulgate further rules and regulations to carry out the provisions Of this Ordinance, which rules and regulations, when approved by the Board of County Commissioners shall have the force and effect of law. Section 6. Rules for Operation. A. Each certificate holder shall adopt and use, after approval by the Taxi. Division, a distinctive, uniform and decorative color scheme for all taxicabs, operated pursuant to such certificate. The Taxi Division shall. -re- fuse such approval when in its opinion, the proposed color scheme will in- fringe upon any color scheme already in use by another certificate holder. Once approved, by the Taxi Division. Failure to comply with this Section shall be grounds for suspension of the certificate or operating permit. B. Every taxicab operating in the County shall have painted upon each side thereof, in accordance with instructions issued by the.Taxi, Divi- sion, the number of that taxicab; the name and telephone number'of the'opemat holding the certificate or the name of the association or organization under which the vehicle is operated, as the case may be; the name of the govern- mental unit or units by whom authority to operate has been granted; and any and all such other information and displays as the Taxi Division may fron time to time require. To avoid duplication and confusion, all such taxicab numbers shall be assigned exclusively by the Taxi Division, and no nunici-- pality,�egulating the industry pursuant to Section 11 of this Ordinance shall assign such taxicab nwnbers. I i 2 J 4 1 d 7 8 9 10 11 12 13 14 t� 15 16 17 .18 19 20 21 22 23 24 23 26 C. Taxicabs using any designated public stand shall. be in a single i_•i�t and faced in accordance with applicable traffic regulations_ The chauf-- Eeur of the taxicab at the head of such file shall accept•as a passenger any orderly persoa who agrees to pay the proper fare; provided, however, that any suc--h person shall, have the right to select any taxicab regardless of its posi- tion in the file. upon Le departure of any taxicab from said rile, the ve- ::icles entitled to use such stand which were in the rear shall rove forward. :;o numia2r of taxicabs greater than the maximum alto red shall attempt to use any public stand. The Director shall cooperate with the Municipalities or other appropriate bodys to designate public cab stands. D. Personal property ,left by a passenger in any taxicab or limou- sine shall, upon its discovery by or delivery to the chauffeur_of said vehicle be reported to and deposited at the office of the operatin4 permit holder where a record of the same shall be maintained and the property held for the owner for a period of sixty (60) days, at the end•of which time it shall, be treated as abandoned property. E. Every certificate holder shall submit the vehicles operated by him and any other equipment used in ccanection therewith for inspection in accordance with the prescribed State vehicle inspections. In addition to such State vehiclEr inspections, the Taxi Division shall annually inspect all ve- hicles subject to the provisions of this Ordinance and may inspect any ve- hicle at any other time. Said inspection shall make certain that the vehicle is in good working order for the safety and comfort of the passenger. The results of each inspection shall be recorded. Any vehicle failing to pass the Taxi Division Inspection shall automatically have its operating permit suspended until such time as the vehicle satisfactorily passes inspection., 27 F. Every holder of a certificate or operating permit, and each 28 ; chauffeur shall fully comply with all ordinances, rules and regulations of 29 the County and all statutes of the State of Florida applicable to the operati -, i -40 of taxicabs and limousines. J 31 C.- Every chauffeur shall maintain a daily manifest, otherwise know 32 as a trip sh�Wet, upon which lie shall pro:*ptly and legibly record the follow- , 33 ing information: name of chauffeur, vehicle number, year, month, date the 1 i 1 -12- • i p 'Y 5 6 7 6 Oft 13 14 15 .16 17 18 19 20 21 22 23 24 25 26 27 28 29 3� 31 32 33 st:artin- time, place of origin and destination of each trip, the amount of fare collected and the number of passengers, the total miles or units ac-- ce-MUlated during a chauffeur's operating period shall -be recorded. All such completed manifests shall be returned to the operator of the taxicab business by the chauffeur at the conclusion of his tour of duty. The forms For eac.:t manifest shall be furnislad to the chauffeur by said operator and shall be of a character approved by the County. Certificate holders shall not destro} mutilate, alter or otherwise deface said daily Manifests without approval by the Taxi Division. Said manifests shall be available for i-.apection and/or copying by the Taxi Division during regular business hours for a period of three (3) years. H. Each certificate holder shall maintain a central place of busi- ness in Broward County, at which place he shall provide a properly listed telephone for receiving all calls for taxicab service, and at which central place of business he shall keep such business records and daily manifests set forth herein, available for inspection or audit by the County. It shall also be the responsibility of every operator hereunder to keep on file with the Taxi Division his business and telephone number, where he -may -be reached at all times. I. `Advertising on any vehicle regulated by this Ordinance shall not obstruct the driver's view and -shall not obstruct the vehicle's top light: i or other lights. A. Each taxicab shall be equipped with a.taximeter of a size and design approved by the Taxi Division. It shall be unlawful to operate any - taxicab within Broward County unless and until its taximeter has been in- spected and found to be accurate and in a satisfactory operating condition by the Taxi Division. The Taxi Division shall suspend a taxicab's operating per- r_it if at any time said taxicab's taximeter is found to be defective or in- accurate. Such permit suspension shall remain in effect until such defective meter has been replaced pr repaired to the satisfaction of the Taxi division. $•. The Taxi Division shall, ae least annually, test and inspect al taxicab taximeters and place thereon a seal and sticker. jrheri a taximeter i . -13- • ti i `sil:; t�_+ co, -}Ay with its standards, the Taxi Division shall suspend said 2 _axicab's operating parmit. Such suspension shall remain in effect until the 3 ta.:ineter has been replaced or corrected to the satisfaction of the Taxi Dl vi- sion or its authorized representative. C. The face of every taximeter shall at all tunas be visible from n ti-e taxicab's passenger compartment and shall be illuminated so passengers 7 ~ay ascartain the amount of fare registered by said taximeter. a D. No taxicab shall be operated within browaxd County unless the 9 case of the taximeter installed therein has been sealed. 10 E. The signal affixed to any taximeter shall under no circumstance �l indicate that the taxicab is vacant when in fact such taxicab is engaged by a -,2 A passenger; nor shall any such signal, indicate that the taxicab ' is employed at 13 fare different from that fare prescribed by this Ordinance. .� F. The amount of'fare collected.from.any passenger shall. not diffe 15 from that shown -by the taximeter, and the driver thereof upon demand shall 16 furnish the passenger with a receipt stating the mount of fare collected. 17 G. it shall, be unlawful for any person to .tamper with, mutilate or. 1 8 break any taximeter or the seal, thereon. Taximeters may be transferred from 1 one taxicab to another, provided however, that a taxicab with a transferred 20 taximeter shall. not be used to transport passengers unless and until. said 21 taximeter has been inspected, tested and sealed by the Taxi Division or its 22 authorized representative. 23 Section 8. Rate Re ulations. 24 A. The provisions of this Section shall be the exclusive method 25 for the establishment of rates in both the unincorporated and incorporated--- 26 areas of Sroward County. Notwithstanding the provisions of Section 11 of 27 this Ordinance or any municipal ordinance, resolution or agreement to the 28 contrary, from and after the effective date of this Ordinance, no municipalit 29, shall authoriza, establish, change, .alter, amend or otherwise regulate rates 30 charged by the industry. eill uuinic.ipal orttiaances or resolutions to the 1 31 contrary are hereby.suPerseded. �B. It shall be unlawful for . ity certificate holder, operating per 33 r:it holder or registered chauffeur Lo clw r.ge, demand, 'request, or accept any n r� 1 .. -14- 1 I i -a:e different from the -rates established. pursuant to this Ordinance. Pates 2 established by this Ordinance shall be uniform throughout Froward County, 3 both in the incorporated and unincorporated areas, without regard to any c� 6 7i 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 _unicipal regulatory jurisdiction. C. The Commission shall establish u:llforra rates for all taxicabs and limousines operatin�,in Broward County. From and after the effective date of this Ordinance, rates 6hal be established, altered, amended, revised, increased or decreased in accord- ance with the following procedure: (1) The Taxicab Division, upon request of the Commission, t°Fie County Administrator, any certificate holder or any resident of Broward County, shall investigate and prepare a report concerning the existing rates. Said investiga- tion shall consider the financial records -of the industry to determine operating ratios, revenues, expenses and the potential impact of the proposed rate changes. (2) The Taxicab Division's report shall be for- warded to the County Administrator who shall prepare . a recommendation to the . Commissi_on. (3) The Commission shall, within sixty (60) days after a request for a rate change, schedule a publ:i,c hearing concerning the proposed rate change, at which hearing all interested parties shall have an opportunity to be heard. The Commission shall, consider the report of the Taxicab Division, the County Administrator's recommendation, and all evidence produced at the hearing and by resolution shall determine and set the appropriate rates as may be in the 22 public interest. Appeals of the Commission's decision shall be in accordance with Section 23 12(G) of this ordinance. 24 D. Pending the Commission's establishment of uniform rates pursuan 25 2b 27 28 29 30 31 0 32 33 to this Section: a) taxicabs operating pursuant to legal authority within Broward County shall, charge the following rates: (1) Saventy-five cents (750 for the first one: -third (1/3) mile or any part there- of; and (2) Twenty--f Lvu cents (250 for each additional one--thL•rd (1/3) mile or any part. thereof or for each two (2) minutes of time. (3) No rtdci [ t lau i 1 r.h,ir�e shall be made for the transportaLio n of extra p.issengers or baggage. ALL baggrige and pact.aiIC8 shall be carried in- sida the veh!cle unless safely secured to a -15- j 9 1Q 11 12 I 13 14 15 16 17 18 15 20 21 22 23 24 25 2c rack or carrier adequately anchored or affixed to the vehicle. No more passengers shall be accepted for transportation on any trip than the manufacturers listed seating capacity for such vehicle. (4) Group riding may be permitted only as direct- ed by the passenger first engaging a taxicab. (5) There shall be no prescribed rate for pack- age delivery or messenger service when such goods "ox messages are transported without passengers. b) limousines operating pursuant to legal authority within Browardl County shall charge the following rates: (1) Eighteen dollars ($18.00) per hour - with a three"(3) hour minimum. c) The Commission may, upon request by a certificate holder, creatlI special rates for providing specialized taxi or limousine service, not other- wise provided for in this Ordinance. Section 9. 'Insurance Requirements. A. After a Certificate is issued, but before any permit or permits are issued to conduct operations under said certificate by the holder of such certificate, the certificate holder shall file evidence of insurance with the Division License Inspector proviuing for public liability and property damage coverages on each vehicle to be operated under said certificate in an w amount not less than 100,000/300,000 as to public liability and property damage coverage in an amount not less than 25,000. B. Said evidence of insurance shall further show that the endorse - rent or endorsements as hereinafter set forth have become a part of said policy; or such certificate holder shall deposit in lieu of evidence of in- surance, satisfactory proof that he qualifies as a self--ensuror equivalent to the above set forth policy limits. 27 f C. The certificate of insurance must be executed and filed with 2P iff t^.e Division by the insurance carrier itself in a form or forms herein set 29 I forth ..,d sLiidl insurance carrier or company must qualify as an insurance 30 I company authorized to transact business in the State of Florida. The certifi 1 sate of insurance filed with.the Division roust include and be in the follow- 3 2 4 n g form: 33 ` -16- 1 1 1 i 1 -4 3 4 5 6, 7 9 10 1.1 12 13 1.1! kY 15 .16 17 18 19 20 21 22 23 24 2:) 26 27 2a 29 30 31 32 S7 "The policy to which this endorsement is attached is written pursuant to and is to be construed in accordance with Chapter 323, Florida Statutes, and the Ordinances, rules and regulations of the hoard of County Commissioners for Broward County, Florida adopted thereunder. The purpose of this endorse- ment is to make certain during the term of said policy and any renewal thereof the liability of the company to any person injur- ed in person or property by negligence of the insured as herein- after set forth. In consideration of the premiums stated in the policy to which this endorsement is attached, the company agrees to pay the judgment creditor any final judgment rendered aoa.inst the in- sured upon a liability hereunder within the limits set forth in the schedule shown hereon and further agrees that upon its -fail- ure to pay any -such final judgment, such judgment creditor may maintain an action against the company in the proper court to compel, such payment. And the said company for the consideration aforesaid by the policy of insurance to which this endorsement is attached, hereby insures and agrees to indemnify the insured during the term of 'said policy or any renewal thereof, against loss sustained by reason of bodily injury to or the death of any person or loss of or damage (in excass of $50,000) to property of others.(exclud- ing-injury to or death of the insured's employees while engaged in the course of their employment, and, loss or damage to property of the insured while operating as a motor carrier the motor ve- hicle or vehicles, enumerated in the schedule of statements, or any substituted or emergency vehicle, under and in accordance with a certificate of public convenience and necessity, certifi- cate of registration or permit issued by the Board of County Com- misssioners for Broward County, Florida, notwithstanding, and, in addition to liability risks of a different character, if any, provided for in said policy. - No condition, provision, stipulation or limitation con- tained in the policy or any other endorsement thereon, nor the violati,Dn of any of the same by the insured shall affect any way the right of any persons injured in person or property by the negligence of the insured or relieve the company from the payment to such person of any such judgments, within the limits set forth in the schedule shown hereon; but the Conditions, provisions, stipulations and limitations contained in the policy, and any other endorsements thereon, shall remain in full force and be binding as between the insured and the company. The policy to which this endorsement is attached shall not expire nor shall cancellation take effect until after thirty (30) days notice in writing by the company shall have first been given to the County Administrator at his office in the Broward County Courthouse, Fort Lauderdale, Florida, said thirty (30) days notice to commence to run from the date the notice is actual- ly received at the office of the Administrator. to tittachad to and forming a part of Policy No. issued by the_ - Insurance Company -17- I • - t D. Said insurance shall be Kept in full force and effect by the i __rtifzeate holder at all tines. Failure to file such evidence of insurance _W the Dtvi.siar. License Inspector or failure to havr? sane in full force effect shall automatically suspend the Certificate of Public Convenienc_- - anal Necessity and all permits issued thereunder until evidence of compliance W= this section have 'beenfiled in the proper .forr.: and amount, as herein I W o•ri ed . � - Section 10. Minimum Vehicle Standards. 15 16 17 18 19 ?0 21 ?2 23 24 25 2p 33 1 i 1 In addition to the regular State inspection requirements, the mini- =i;m standards for safety and maintenance of taxicabs and limousines in Browarc Couaty, including municipalities, regulating the industry pursuant to Section 11 of this Ordinance, shall be as follows: A. As to taxicabs: 1. Te"11--tale lights functioning. 2. Rear-view mirror and side view mirror on driver's side installed. 3. Speedometer properly installed, in good working order and exposed to view. 4. Interior clean, sanitary, free from torn upholstery or floor coverings and from damaged or broken seats. 5. boor hinar~s and latches in good mechani- cal working order and all doors operate easily and close securely. 6. Vehicle structurally sound and operates with a minimum of noise and vibration. 7. The body, fenders, doors, txim and grill free from cracks, breaks, dents and painted: 8. Vision unobstructed on,all four sides. - 9. Permit and registration prominently displayed. 10. &,mers trade name, Monogram or insignia, taxicab number and telephone number permanently affix4d upon the metal por tirn of the outside of each side in letters at least 3" high, and cab nurnber painted upon the outside rear panel of taxicab in letters at least 3" hi;h. 11. 7%40-way radio installed and operating properly with access to or affiliated with a central d! snatch facility. Fx-- ci.pt that this provision shall not apply to permits issued prior to January 1, 19706. 7 I � -la- 12. Taximeters: a) Installed and illuminated so as to be easily seen by a pa"ssenoer sitting in any part of the ta.cicab; b) approved by Florida Department of Agriculture Bureau of Weights and Measures, or Taxi Division; •c) ;attached to tell -tale lights so that tell -tale lights shall automatically illuminate when taximeter is in op- eration and extinguish when taxi- meter is not in operation. d) properly records increments of 113 of a mile in motion and increments of 2 minutes while not in motion; and s B. As to limousines: 1. Rear-view mirror and side view mirror on driver's side installed. 2. Speedometer properly installed, in good working order and exposed to view. 3.: Interior clean, sanitary, free from torn upholstery or floor coverings and from damaged or broken seats. 4. Door hinges and latches in good mechani- cal working order and all doors operate easily and close securely. 5. Vehicle structurally sound and operates. • with a minimum of noise and vibration. 6. The body, fenders,'doors, trim and grill free from cracks, breaks, dents and painted. 7. Vision unobstructed on all four sides. $. Permit and registration prominently displayed. Section 11. Municipal Regulation. - A. From and after the effective date of this Ordinance, those municipalities within Broward County regulating the industry as of the ef- fective data of this Ordinance may, subject to the provisions of this Section continue to es;arcise such regulatory jurisdiction. B. From and after the effective date of this Ordinance, any nu-- nicipality within Braward County that desires to assume regulatory jurisdic- tion oveY"tha industry may, subject to -the provisions of this Section, adopt 'In ordinance regulating the lndu-3try within saCd nunicipality. i 7 9' 10 11 12 13 14 15 • 10 17 18 I 1� 20 21 2? 23 ?4 25 25 t 27 2') n 3' 3 3 J t�. No municipality regulating the industry pursuant to either -`�evti ,n A or 13 of this Section shall: (1) authorize any taxicab or Limousine to pick up passengers within any other municipality nor within the unincorpo- rated areas of Browazd County; or- (2) prohibit any taxicab or limousine open- atin; pursuant to legal authority from discr.:irging passengers within said mu- nicipality where such passengers were legally picked up without the corporate - limits of said municipality; or (3) authorize any number of taxicabs or'limousines singly or in combination, in excess of one (1) per each one thousand (1,000) inhabi.tar.ts of said municipality according to the last State or Federal census.- D.. The provisions of this ordinance shall constitute minimum standards for municipalities regulating the industry pursuant to Subsection A or B of this Section, provided that this Subsection shall not be construed to prevent any, municipality from adopting and enforcing higher standards of regulation; and providing further, that this, Subsection shall not be construeY to relieve any person from compliance with all applicable municipal ordinance or regulations pertaining to the industry. E. A municipality regulating the industry pursuant to this Sections shall: (1) provide to the Taxi Division a current -list of all taxicab and Limousine operators with- in said municipality. Said list shall in- clude the name and address of each certifi- cate holder, the number of vehicles authoriz- ed by each such certificate, the license tap; number of each such vehicle and a record of '- all certificate or permit suspensions or re- vocations. Such information shall be kept , current by notice to the Taxi Division of any subsequent changes; and (2) provide to the Taxi Division.a current list of all chauffeurs licensed within that munici- pality. Said list shall include names and addressas and a complete record.of all sus -- pensions or revocations. Such information shall be kept current by notice to the Taxi Division of any subsequent changes. F. Any municipality regulating the industry pursuant to this Sec- tion mays, by appropriate action of its.governi.ng body' 'relinquish to Broward County suth regulatory jurisdiction. Upon notice of 'such action, the County -20- r� I( i f 7 j shall ;sume regulatory jurisdiction of the industry within said municipality 2 2'c:rsons holdLng Certificates of Public Convenience and Necessity issued by a i rauaicipality after public hearing electing to relinquish its regulatory jurist 41 diction shall b? issued a Broward County certificate in exchange therefor. 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. In addition to the requirements imposed by a municipality re - ulating the industry purs,*%iant to Subsection A or B of thLs Saction, all va- h'icles certificated by suca a municipality shall obtain a Bro::azd Cou t'y Q: - erating permit pursuant to Section 3 of this Ordinance. Section 12. Suss2ension or Revocation_Proce_-d:Lr,us. A. Except as otherwise specified, certificates (issued pursuant to Section 2 of this Ordinance,) permits (issued pursuant to Sactioa 3 of this Ordinance) and registrations (issued pursuant to Section 4 of this Ordinance) shall be subject to suspension or revocation by the Director as follows: (1) Certificates: Upon notice and hearing as hereinafter specified when it shall appear that: (a) the holder thereof has failed or neglected to render the service authorized by the certificate. (b) the certificate was obtained by an application in which any material fact was intentionally omitted or falsely stated; or (c) the holder thereof has intentionally permitted his taxicab or limousine to be operated in violation of any law; or (d) the holder thereof has failed to comply with or has willfully violated any of the provisions of this Ordinance; or (e) The holder thereof has wilfully picked, up or caused passengers to be picked --up outside the geographical operating limits specified in the certificate. _ 25 1 .(2) Permi ts: Upon notice and heating as hereinafter specific 2u i when it shall appear that: 27 ! (a) the permit was obtained by an application in which ` ,v any material fact was intentionally omitted or , 1a:.saly stated; o,: ;c I (h) the holder then eo, has intentionally failed to co-D—L i with any provistons of this Ordinance or any lawful i order of the Director; or 1 IlUlCl4L' CiIE.Tl7i has wiL oily picked up or cat=;mod 32 i passengers to b�Y ptc':ced-up outside the geo raahical 4 o;^,er stint ; ir;its spaclfi�-d in the ce~tiEic:ate_ 33 � - I 1 (3) .te�istrations: Upon notice and hearing as hereinafter 2� I 3� 5llj .1 al 7 8 9 10 ii 12 13 14 15 .16 17 18 Ir 20 21 22 23 24 25 26 s D-cified ah o zi it shall appear that: (a) the chauffeur has failed to comply with or has willfully violated any of the provisions of this Ordinance; or (b) the chauffeur has plead guilty or n.olo contendre to driving under the influence of alcohol and has been convicted of sama; or (c) the registration was obtained by an application IL._ which any material fact was intentionally omitced or falsely stated; or (d) The chauffeur has picked up a passenger outside* the geographical operating units specified in the certificate. B.' All hearings required by this Section shall ba preceeded by a minimum of twenty (20) days' notice to the address given to the Taxi Division Said notice shall specify the Director's proposed action and the grounds upon which the action is predicated. The certificate, permit, or registration holder (as the case may be) -may be represented by legal counsel and shall be entitled to present his defense to the proposed action. All' such hearings shall be conducted insofar as is practicable in accordance with the rules of civil procedure governing the procedure in Circuit Cout;.t, except as may be provided in this Code or by rules adopted by the Commission. All such hear- ings shall ba reported and transcribed. The Director shall promptly notifty all parties of his decision. C. The Director shall have the power to administer oaths. The Director, at the written request of any interested party, may subpoena witnesses and may, with the approval of the County Administrator compel the production of records, books or papers.. Should -the Director without good cause, refuse to subpoena witnesses or request the County Administrator's ap- proval for compelling the production of books, records or papers, or should �7 1 ' the Admini..3trator, having been so requested without good cause, fail to compe I the production of books, records or papers, then and in either event, any in- S terested party may, without cost to the petitioner, petition the court co 30 order the appearance of, any •witnes-, or witnassea or order the production of 31 any book records or p:perd necessary to a fair and proper hearing. 32 Failure of any witriess ordered 4o appear or -failure of any person 33 -22- 1 1.1 1 � "IT* . 1 i 1 arm :-d to produce books, records or papers may constitute a contempt of 9 court and may be puni3hable as may any other contempt of the court. if any _) witness fails to honor a subpoena, the party requesting th-same may app'f 1; to the court for a rule to show cGus� why the witness should not appear and if after being ordered to appear by the court, the tri.tness fails to co pay G therewith, the court aster due notice and hearing may ad -judge the witna5_, in 7contempt of Court and punish him accordingly. T e subpoEma4ng party �i bear the cost of such subpoena. 9 D. The Director's decision may be wppealed to the County Ad.min-is- 1 0 trator within fifteen (15) days of the date of said decision. Such an appeal 1 1 shall stay the Director's decision. Upon such an appeal, tha County AdminiS2 12 trator shall consider the transcript of the hearing and all physical evidence, i i 13 produced at the hearing. No further testimony or exhibits shall be perms{tted 14 The County Administrator within thirty (30) days, on the basis of the'. record i 15 established before the Director, either affirm, reverse, or modify the Di.- 1 & rector's decision. Appeals from the County Administrator's decision shalt, be 17 in accordance with Section 12(G) of this Ordinance. 18 E. Suspensions pursuant to this Section shall not exceed six (6) 19 months. Three (3) or more suspensions within any one (1) year period or a 20 total of six (6) or more suspensions within any time ma7 constitute ;rounds 21 for revocation of the certificate, permit or registration so suspended_ p F. Suspensions pursuant to Section 3(C), Section 6(d), or Section 23 7(A) of this Ordinance and revocations pursuant to Section 4(D) of this Crdi-- 24 ' rance shall not require a hearing pursuant to this Section. 3 - 25 � G. Appeals from the County Administrator's decisions pursuant to 26 this Section and appeals from any Board of County Commissioners' decision con- 27 cerning certificates or rates shall be by certiorari to the Circuit Covert of the Sever: }rth Judicial Circuit in and for Bro;aard County, in accordance 28 f with thw 1'.1:. cida Appellate P.Ulez,. ;,,,coon 13. Penalties. A. In addition'to any onher penaltye3 provided for by law, the 31 foilowi;rg Eir.es may b for vi�latlon; of the provisions of sections ians 3' 6; 7(A), (D), (C), (F), and (C); and 1-0 or this Ord in=ir•c`: for t.;ie first 33 -23-- a. _i r� �r L) 7 r� c� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 25 26 27 23 23 ,0 31 3 � J twenty-five dollars ($25.00); .for the second offense, fifty dollars ($50.00); and .for the third and subsequent offenses, one hundred dollars ($100-00.) - B The .fines specified in Subsection A above, shall be by citation issued by the appropriate enforce�­.­:.__ officials, as hereinafter specified, in accordance with the p�;aviaions of Chapter 74--377, Florida Statutes. The County Court shalt :have jurisdiction over the prosecution of those viol" -.-ions specified in Subsection A alcove, and the Clerk of the County Court is hereby empowered to collect all fines so imposad and dispose of same throug,h nox al procedures. C. Whenever a corporation, partnership, or association shall violate any of the provisions specified in Subsection A above, such partners,l' i officers, directors or agents of such corporation, who shall have personally authorized, personally ordered, or personally done any of the actions con-* stituting in -whole or in part'such violation, shall be fined in the same manner and to the same extent as herein provided for an individual. D. Accepting or paying commissions or other gratuities. The authority granted under a Taxi Pernit may not be used to discriminate against hotels, motels, restaurants ;or other business establishments; accepting com- missions or dther gratuities from such establishments, their agents, or em- ployees for bringing them customers is deemed an abuse of authority, dis- criminatory, and is prohibited. Paying commissions, gratuities, or anything, of value to such establishments, their agents or employees for taxicab passena gers, or names of passengers, is restrictive of the passenger's choice of modes of transportation, destructive to,the systems of transportation,__is__. deemed an abuse of authority, and is prohibited. F. The provisions of this Ordinance may be enforced by authorized personae? of the Taxi Division, the police forces of those municipalities not the industry pursuant to Section 11 oaf this Ordinance and by the Broward County Sheriff's Office. F. Notwithstanding the provisions of this Section, the Director may secu-re enforcement of the provisions of this Ordinance by any legal, ac- tion necessary, such as application to any Court for injunctive relief or other appropriate relief. C� L� 1 -24-- M I I 1 I I 1 Section 14. Special Provisions. i c A. All persons operating taxicabs or limousines on the effective 3 date of this Ordinance in the unincorporated areas of Bra,.Ja4d'County solely �i , upon the authority of a State of Florida Public Service Commission Certif.i-- 5 cate and permit, issued. prior to January 1, 1976, shall., upon appropriate 6 proof of such Public Service Commission permit, be entitled to a Brc--,:ard 7 County Certificate and operating permit for all such vehicles actually being 8 so operated as of January 1, 1976, provided however, that no operating parnit 9 ;shall be issued for any vehicle which fails to meet. the requirements of 10 Section 3; and provided further that the Broward County Certificate and operat 11 ing permit shall be limited to the same service area authorized by the Floride 12 Public Service Commission Certificate and permit_ 1 3 B. All certificates and permits issued by the State of Florida 14 Public Service Commission.or by any municipality after public hearing between 15 January 1, 1976, and the effective date of this Ordinance (except,reaewals of 16 permits issued prior to January 1, 1976) may not be exchanged for a Broward 17 County certificate and operating permit, provided however, that the holders 18 of any such Public Service Commission permit may apply for a certificate pur- 1 9 suant to Section 2 of this Ordinance. 20 C.r All persons operating taxicabs or limousines on the effective 21 date of this Ordinance in any municipality not electing to assume regulatory 22 jurisdiction pursuant to Section 11, solely upon the authority of a municipal. 23 certificate or permit issued after public hearing but prior to January 1, 211 1976, shall, upon appropriate proof of such permit be entitled*to.a Broward' �5 County Certificate and Permit for all such vehicles actually being operated 26 as of January 1, 1976; provided that no operating permit shall.'be issued for 27 any vehicle-- which fails to meet the requirements of Section 3; and provided 28 1 further that: the Broward County Certificate and operating permit shall be I 29 Limited to the same service area authorized by the municipalities. 30 D. It is the express intent of the Commission that the provisions 31 of this_Section shall. 6e construed to effectuate: the following County 32 policies: (1) AIL taxicabs or limousines operating solely in areas j previously regulated by tha Florida Public Service -25- ( a � 7 8 9 10 11 12 13 14 15 �o 17 18 19 20 21 22 23 24 25 20 27 2 29 3� 3� 3 ;' AC:ed 3/31/76 1,036--152 Comr.;ission or by those Municipalitiaz not electing to. assume regulatory jurisdiction pursuant to Section 11, as of the effective date of this Ordinance shall con- tinue to operate solely in the Areas in which they were formerly :authorized except as said certificates may be amended pursuant to Section 2; and (2) All taxicabs or limousines operatic.; within municipali.tie. regulating the industry pursuant to Section 11 of this Ord;i nance as of the effective date of this Ordinance ;hal: continue to operate within such municipalities, and ,hall not be authorized to operate is tha unincorporated areas or other municipalities unless and until authorized to so operate by BrOWard County. Section 15. Severabilit . If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of corpetent jurisdiction, the remainder of said Ordinance shall not be affected thereby. Section 16. Effective Date. The provisions of this Ordinance shall become effective on the 1st day of July, 1976. F ENACTED this 23rd day of March, A.D., 1976. FILED WITH DEPARTMENT OF STATE April 1, 1976. EFFECTIVE July 1, 1976. -26-