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conflict herewith be and the same are hereby repealed to the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-