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Ordinance 93-14 ~' L I COUNTY ORDIRNANCE NO 9 ~DING SE~ION SIX ENTITLED ISSU~CE OF CERTIFICATE TO OP~TE ~ BY ~DING SE~ION S~EN ENTITLED ~INI~ INS~CE ~QUIR~S; BY ~DING SECTION EIGHT ENTITLED C~TIFI~TE FEES, P~HIT FEES, ~D CONDITIONS~ BY ~ENDING SE~ION EL~ ~ITLED DISCIPLIN~Y PROCEEDINGS ~ BY ~DING SE~ION ~ELVE ~ITLED R~AL OF C~TIFICATE TO OP~TE ~ BY ~DING SE~ION THIRTE~ E~ITLED MINI~ ~ICLE ST~D~S ~ BY ~DING SE~ION FI~E~ ~ITLED DESIGNATION OF V~ICLE FOR HIRE~ BY ~ENDING SE~ION SI~E~ ~ITLED SCHED~E OF TAXICAB ~TES ~D C~GES~ BY ~DING SE~ION S~E~ ENTITLED DAILY ~IFEST OR TRIP ~ ~QUIREDI BY ~IDING SE~ION EIGHTEEN R~ITLED DRIVER ST~D~S $ BY ~DING SE~ION ~ENTY-~O ENTITLED ~PLI~ILI~ OF O~IN~CE~ BY ~ENDING SE~ION ~Y-~EE ~TITLED ADV~TISING OF SERVICES~ BY ~DING SE~ION ~Y-FIVE ~TITLED ~FORC~ENT ~D P~I~TIES; "~'PRO~DI]~G FOR CONFLI~ ~D S~E~BILITY$ ~D PROVIDING ~ .... e~FE~E DATE .' ~, Florida Statutes Section 125.01(1)(n) provides . n ~e governing ~dy of ~e county shall have the power to license and re.late taxis, Jitneys, limousines for hire, rental cars, and o~er ~?.. passenger v~icles for hire operating in the count~ and ~S, ~e Board of County Co~issioners of Collier County, Florida, has detemined that the registration and repletion of ?~.~.. motor vehicles for hire within the incorporated and uninco~orated ' areas of Collier County is necessary In order to protect the health, h'~.' ' safety and welfare of the public. ;~,~;/ NOW, ~FORE~ BE IT O~AINED BY ~E BO~D OF CO~Y ,.~. , ~,,., , rT;~:' CO~ISSION~S OF CO~I~ CO~TY, F~RIDA, that: ~'~i~. SE~ION O~ Section One of Collier County Ordinance No. 91-93 is Z;7'~"': hereby amended to read as follows: "';;' SE~ION O~. D~FINITIONS. For ~e pu~ose of this Ordinance, the folioring definitions shall apply: ,7...~ A. "~otor Vehicle fQr Hire" means any mo~orized, =]: self-propelled vehicle engaged In the transportation of persons upon ;~.' the street~ of Collier County ~'~--- ~- ~-~- ~ -.~- ~ ~ with the intent to receive compensation for providing .. '~'.. Words ~ are added; words ~ a~e deleted. such transportation and shall include, but not be limited to, the classificationst Taxicab, Li~==i~=/~huttl= Charter Service. B.. "Taxicab" moans a motor vehicle designed to accommodate not ..~ ~.~n'.'ieig~. (s) passengers, exclusive of the Driver, equipped with a top light, operated for compensation at rates based upon "~j~e 'distan~"'traveled and authorized by this Ordinance, recorded and indicated by a Taximeter in operation when the vehicle is in'use for trans~ortation of any passenger, and the route or destihation of which iS controlled by the passengers therein. C. ~l==u=Inn/Chu~tl= Charter Service" means an~ chauf~eur-driven vehicle that is engaged ID Drearranaed tran ati n a dt e-ra es, O uch trans ortation to~ light. ~ha~r Se~i~e ~ehf~les shall include. but ~gt limited to. the foliowine classifications: h "Sedan" means a rout door. [ull-size automobile capable o~ seatime not more than five Dassen~ers. exclusive of the Driver. "Limousine" means a lu~rious. larae Dessender vehicle. built or modified rot use as'a lu~rv limousine [e.a. rome1 oT extended limousineY capable of seatin~ not more than eiuht Rassenaers. exclusive or the Driver. ~ "Van" means a uassenaer vehicle recoanized as either a mini-van or a lull size passsneer van capable ~eating not more than fourteen {~) passsneers. exclusive of the Driver. "Handicap" ~eans a vehicle desia~ed. constructed. reconstructed. or oPerated for th~ ~ransDortation ~ersons with non-emeTuencv ~O~ditio~s where no medical assistance is needed or anticipa~ed in route: or for DeTSOnS Who are unable to com[or~ablv use a - 18 Words ~~are added~ words ~ are deleted. S~andard means of conveyance= or for persons ~,. C~nDct e~er. OCCUDV or exit a vehicle without extensive assistance= or ~rhere specialized eauioment ,. is used for wheelchair or stretcher service~ and !!,.[ where the chauffeur sqrVes as both a chauffeur and i.~ attendant to assist in d0or-to-d~or or bed-to-bed service. N0 emeraency ecp/IDment other than a fire :.i' extinauisher and first aid kit may be carried. The use of the ter~x "ambulance" mav not be used and no .~, · representations ~=v be made that any medical service ~!~. is available. The term "Non-Emeraencv" must ..:..'x.;%~:'%a.~.S.L..Drominentlv displayed on the outside of the vehicle. ;-~ ~' ~sAppl~uant~ ..... means-.. an-- individual, fin.,- corporation, . partnership~'.-company-,-.association, o-.Joint venture, or any other type . of organizational enterprise applying for a Certificate to Operate. C, E. · "Owner" means an individual, firm, corporation, '~]'.. partnership, company, association, Joint venture, or any other type of organizational enterprise owning a ten percent (10%) or greater interest in an Applicant for a Certificate to Operate and/or a Vehicle for Hire Company. ,1'.' F. "Public Vehicle Board" means the Board of County Commissioners of Collier County, Florida. G. "Public Vehicle Advisory Committee (PVAC)" means the five member advisory committee created pursuant to this Ordinance and established bv Collier County Ordinance NO. 86-59~ ~e ~ ~'.,;' ~. H. "Certificate" means a Certificate to Operate granting written authority under this Ordinance to an Owner to operate a Motor Vehicle for Hire Company in Collier County. A separate Certificate shall be required for each business entity operating as i~='-: a public Vehicle For Hire Company. I. "Holder" means an individual, firm, corporation, ... partnership, company, association, Joint stock association, or other type of organizational enterprise to whom a Certificate to Operate ., issu.d. 060 < J. "Vehicle Permit" means a color coded Vehicle Permit issued annually to a current Certificate Holder authorizing the Holder to i'; r, operate for hire the motor vehicle to which the Vehicle Permit is :" affixed. The Vehicle Permit is affixed to the left inside bottom .~- corner of the windshield glass. A certificate of vehicle Permit ~!,. shall accompany each Vehicle Permit issued and shall identify the =', assigned vehicle and the Vehicle Permit displayed on the windshield. The Certificate of Vehicle Permit shall be placed and remain in the · assigned vehicle at all times until expiration of the Vehicle Permit. K. "Temporary Vehicle Permit" means a Temporary Vehicle Permit issued to a subcontracted vehicle or a short term rented or leased vehicle for hire thnt is not certified in Collier County. L. "Subcontracted Vehicles" means vehicles for hire not necessarily based in Collier County, but operating under a contract with a company that has an occupational license and a Certificate to Operate. Subcontracted Vehicles must meet all standards as set forth by this Ordinance and as may be amended. Subcontracted Vehicles must not be operated after the time period for which the Temporary Vehicle Permit has been issued which shall be the length of the function or event for which they have been subcontracted. Subcontracted Vehicles must have Florida license tags. Taxicabs are prohibited from being subcontracted. M. "Taximeter" means any approved internally mounted device which records and indicates a rate or fare measured by distance traveled, waiting/standing time or other items of charge. All Taximeters must comply with the most current edition of the National Bureau of Standards Handbook 44. N. "Vehicle for Hire Company" means any Al~ ~ee individual or entity holdins a Certificate to Operate which holds permits for one or more Vehicles for Hire under one or more categorie:s of vehicle for hire, provides leased vehicles to Drivers to be used or operated as Vehicles for Mire o= which operates a central dispatch for one or more Vehicles for Hire. 0. "Driver" means any metson possessine a valid driver~ license currently employed or permitted by a Certificate Molder Words und~are added; words et-P~ek--~are deleted. drive or onerate e uermitted Vehicle for Hire uuon the streets o~ COllier CountvL BF~TION TWOx Section Three or Collier County Ordinance No. 91-93 is hereby amended to read as follows~ . A. Any Owner or transportation prorider which has been designated as the Community Transportation Coordinator' or a Transportation Operator as defined in Section 427.Oll, Florida : StatuteR, is hereby exempt ~rom the requirements and provisions o~ t,.: · thia Ordinancel provided, however, that any vehicle also used as a ~'2'::.': Motor Vehicle for Rite other than exempted herein shall require a Certificate for such use. B. Vehicles operated by a governmental agency~ companies or organizations owning vehicles exclusively used for transportation of :,!-j. the employees or members of said company or organization~ vehicles · seating more than fourteen (14) passengersy and transportation activities licensed by the Interstate Commerce Commission where the vehicles ~re en~aued solely in Interstate CommerCe are exempt from Q!: the provisions of this Ordinance. C. Discharge of passengers within Collier County picked up in !'.:. another county is permitted, provided that the vehicle and operator :~i' are nuthorized to pick up in the originating county. SECTION THREEI Section Four of Collier County Ordinance No. 91-93 is hereby amended to readas follows: ,'.:' SECTION FOUR. PUBLIC VEIIICLE,BOARD AND PUBLIC VEHICLE ADVISORY i:~:," COMMITTEE. [. There is hereby established a Public Vehicle Board which shall consist of the Board of County Commissioners of Collier County. The Board of County Commissioners of Collier county, Florida, as the ,~::, Public Vehicle Board, shall have the right to license, regulate and .!' control the rates of motor vehicles for hire operating on the [%: streets within Collier County. There is further hereby established i], ~'~ a Public Vehicle Advisory Committee consisting of five (5) persons, ' three (3) of whom shall be Holders of Certificates issued pursuant to this Ordinance and two (2) of whom shall be persons who are in no way affiliated or associated with any Holder of a Certificate issued .' Worda~are added~ words ethers deleted. i,'. pursuant to the Ordinance. For purposes of this Ordinance the ,,~, Public Vehicle Advino~Z Committee created by Collier County · Ordinance No. 06-59 is hereby ratified and re-established. .'~?. ~~ The me~ers of the ~blic Vehicle ~visory Coaltree shall be appointed by and serve at the pleasure of the Public Vehicle Board. The Public Vehicle Advisoz7 Committee shall review and make recommendations to the Public Vehicle Board regarding modification or revisions to this Ordinance. allseed violations :,,.': _this Ordinance re~auirina revocation of a Certificate and chanaes to Taxicab rates and char~. The County Manager or his/her designee :!,!. shall designate a member of his/her staff to serve as liaison and to .~' coordinate with the Public Vehicle Advisory Committee. ~.. V~hicle Advisory Committee shall review and make recommendations to "': th~ County Manseer or his/her designee related to the Motor Vehicle ~'!?' fgr Hire business. The Public Vehicle For Hire Committee shall review applications for Taxicab color scheme chanaes and authorize changes pursuant to this Ordinance. The Public Vehicle Advisory COmmitto~ shall review applications for a Certificate and authorize issuance of new Certificates. nursuant to this Ordinance. 2ECTION FOUR: Section Five of Collier County Ordinance No. 91-93 is hereby amended to read as follows: SECTION FIVE. APPLICATION FOR CERTIFICATE TO OPERATE. A. An application for Certificate shall be filed with the Public Vehicle Board on forms provided by the ~ County Manager or his/her designee. There will be a non-refundable application fee for each Certificate. The prescribed fee shall be adopted by resolution of the Board of County Commissioners. The application "... shall be verified under oath and shall furnish the following ~, . 1. If individualt Name and address of the Applicant. ii~., ' 2. If partnership: Name and address of the . Applicant's business; names and addresses of all Words uEL~ are added~ words ~ are deleted, 3. If corporation: Tba exact corporate name and : business address of the Applicant's corporation, ~1' directors and officers names, titles, addresses, !:r:r Articles of Incorporation, all amendments thereto and a certified copy of the Certificate of ." Incorporation must be submitted. 4. The names and addresses of any and all persons holding a ten percent (10%) or greater beneficial interest in the Applicant's business or company. r~' Failure to disclose such interest Holders shall be :i~, grounds for the denial of the application of any " Applicant or revocation of any Certificate. 5. Business telephone number'. ~i~ 6. The trade name under which the business will i! 7. The name, color scheme, and monogram or insignia to .. be used to designate the taxi or Taxicabs of the [ Applicant. An Apolicant for Taxicab Cer~ifiCation shall also submit a written description of the {i~ color scheme with a colored sketch and/or = photoaraDh. a colored sketch and/or DhotoaraDh of ~,, the monoaram or insiania. letterins size with the color of the letterins. and tOP liaht desian which it. shall conform to reaulations issued by this " Ordinance and which shall be unicue and readily distinauishable from the color schemes and ~,. insianias previously aDDroved for prior APPliCantS. Any changes to an approved Taxicab color scheme, monogram, or insignia must be ~DDrOVed bV the Public Vehicle Advisory Committeg, be ~ ~ S. The experience of the Applicant in the transportation of passengers in the form o= a :~a typewritten and si~ned experience statement. 9. The minimum and maximum number of vehicles planned to be operated and controlled by the Applicant and ~ords underlined are added~ words~,-~!~'e~are deleted. the location of proposed depots and terminals. 10. If operating under a fictitious name, attach a notarized copy of proof of advertising to the application in accordance with Section 865.09, Florida Statues. A separate Certificate tO operate is required for each fictitious name. 11. Applicant must provide verification from an insurance company authorized to do business in the State of Florida that the Applicant is insurehie and that an insurance policy meeting at leas~ the minimum stendard set forth in this Ordinance shall be issued if the application is approved. If the application is approved, submission of a Certificate of Insurance must precede.the issuance of a Vehicle Permit. 12. A schedule of proposed fares, rates, and/or charges, 13. A current credit report for each Owner compiled a nationaliv recognized credit acenov issued later than 90 days from the date of application from any credit bureau. ~ Two credit references includin~ at least one bank or financial institution where the APPlicant has maintained an active account for at least one year or the loncest time for which the ADDliCant has maintained an active account in · [inancia~ institution if such Period is shorter than o~ ~ear. 13.15. A list of all criminal convictions for which the Applicant, owners, directors, and officers have been found auiltv or convicted. reaardless of ~ in the State of Florida or any other state of the United States indicating the offense, the date, and the state. ~.16 Application must by accompanied by the required application fee. - 8 - Words~aJal~are added; words e~e~M~--~ are deleted. 4~v17. Such further reasonable information as the Public Vehicle Board of Collier County may require. B. On the filing of an application, said application shall be reviewed by the County ~-tee%Manager or his/her designee. includina any necessary verification of statements within the application. 1.' Completeness of the application and Applicant's ~, compliance with this Ordinance. Incomplete applications shall be rejected. ~'~+ 2. Consideration of the Taxicab color scheme to " preclude confusion for the riding public and prevent infringement of a current Owner(s) ~e.." Taxicab color scheme. SECTION F~V=I Section Six of Collier County Ordinance No. 91-93 is ,. hereby amended to read as follows: .;' SECTION SIX, ISSUANCI OF CERTIFICATE TO OPEllATE. A. All applications for a Certificate to Operate must be reviewed by the Public Vehicle Advisory Committee. If the ~ .,~ ~ Ma~ e~ ~ gee~eb-~e Public Vehicle Advisory Committee :. finds that after review of the application the Applicant conforms to 'i~i~ the provisions of this Ordinance and the rules promulgated by the :. Public Vehicle Board, then the County TI==~ Manager or his/her i~'!; designee shall issue a Certificate stating the name of the ~,: Applicant. If the C~unty ~ Ma~aeleP e~ t~ ~c=i~n== Public Vehicle Advisory Committee, determines that the Applicant does not comply with the requirements of this Ordinance, the application for · Certificate shall be denied. The Applicant may appeal an adverse decision by the ~ettntu/~Ic=~ !~ et~ hi=/hcr ~ Public ~;- Vehicle Advisory Committe~ to the Public Vehicle ~ard for its :~ij, review of the Applicant. After review of the application the ~; Public Vehicle Board may issue a Certificate, or refuse to issue it, or may issue a Certificate with such modifications, terms, or t,/' conditions as the Public Vehicle Board may require. Notice of approved Certificates shall be published in a newspaper of general circulation within the County. No Certificate shall be issued to any person or to any Applicant who has or whose Owners, officers or - 9 - 060, 25 , ~orde~are added~ words ~u~k ~h~;ug~ are deleted. · db'actors have been found auiltv or convicted. reaardless of K~~ within the past five (5) years e~ e~ h=v= ~ ~,:'j. ehaT~ee ~e~ of any of the following~ any crime which is designated ~:: as a felony, any crime involving the sale or possession of controlled substances as defined by Florida Statute 893.03, the Florida RICO Act, exposure of the sexual organs and any crime defined under Chapter 796 of the Florida Statutes, "Prostitution". No Certificate shall be issued to any Applicant who has an Owner or ;' an officer or director who was an Owner, officer or director of a f' Vehicle for Hire Company which had a Certificate revoked in the past .... twelve (12) months. No Certificate shall be issued to any ADDliCent .. whose Owner's credit report indicates facts and circumstances showing a failure to DaY vehicle for hire related bills ~romDtlv. ,.. B. Upon issuance of a Certificate and as a requirement for maintaining a Certificate in good standing, each Certificate Holder ; shall obtain an occupational license, maintain a central place of business, at which place he/she shall provide a properly listed telephone number for receiving all calls for service, aT,~ shall keep such business records and manifests as are requi~ed by this Ordinance. It shall also be the responsibility of every Certificate Hold.at to notify the County Flcc~. Manager or his/her designee within 10 days of any change in a business. address and or telephone number. SECTION SIXt Section Seven of Collier County Ordinance No. 91-93 is hereby amended to read as follows: SECTION SEVEN. MINIMUM INSURANCE REQUIRE14JENTS. The following insurance requirements are intended to be minimum and are not intended to in any way be representative of the necessary amount of coverage for a particular operator. All Certificate Holders operating Taxicabs shall have in full force and effect motor vehicle liability insurance for each Taxicab equal or greater than the amount of Fifty Thousand Dollars ($50,000) for bodily injury to any one person, One Hundred Thousand Dollars ($100,000) for injuries to more than one person which are sustained in the same accident. and Fifty Thousand Dollars ($50,000) for property damage sustained in one accident. All Certificate Holders operating '~ ..... a__._~..~_ Charter Service vehicles shall have in Words underlined are added~ words e%e~ are deleted. ~; ·full force and affect motor vehicle liability insurance for each i'~'~'' ~i=c=:In:/:huttl: f~ Service vehicle equal to or greater than the amount of One Hundred Thousand Dollars ($100,000) for bodily :. inJur7 to any one potson, Three Hundred Thousand Dollars ($300,000) :. for injuries to more than one person which are sustained in the same :i~.~ accident, and in thn amount of Fifty Thousand Dollars ($50,000) for property damage sustained in one accident. Said insurance shall inure to the benefit of any person who shall ba injured or who shall ,~', Sustain damage to property proximately caused by the negligence of · ~ the Certificate Holder, his/her masters, servants or agents. Nothing in this section shall be construed to waive any applicable state or federal laws which requires a higher amount of minimum ~,. insurance. .... ".' An original certificate of insurance shall be filed Compliance Service Demartment of the Development Services Division and shall have as an agent thereon an insurance company authorized to do business in the State of Florida. The certificate of insurance shall contain the names of all the businesses under which the !!,.~,. Certificate to Operate Holder is doing business. The categor~ of ,]r;;~; Motor Vehicle for Hire shall be specifically stated on the ; c~rtificate of insurance. The certificate of insurance shall ,.~. ']~; include a schedule of all vehicles covered. Said insurance policies ]i.', must be issued for a minimum of one (1) year and cover each vehicle in use throughout Collier County. Certificates of insurance must indicate that the Collier County Board of Commissioners is named as a e~aitlon=l ~e~Pe~ certificate. holder. Further, said insurance i.' ~ policies shall be endorsed to provide for thirty (30) days notice by ~.' registered mail to the C~unty ~ ~e t-he ~ Compliance Service ~. , change, cancellation, or expiration. {-~ =h~l~ ~e ~he duty e~ th~ e~ee~ %e ~ notify tho County ~ .......... ~ d by th ..... z ..... notleo ~=coivc c Clerk. SECTION 2EVENI Section Eight of Collier County Ordinance No. 91-93 is hereby amended to read as follows: SECTION EIGHT. CERTIFICATE FEES, PERMIT FEES, AND CONDITIONS. word. ara addsd; words daleted. A. No Certificate shall be issued, continued in operation or · . renewed unless the Holder thereof has paid an annual non-refundab]~ !~ Certificate fee for the privilege of engaging in the Motor Vehicle for Hire business. The prescribed fee shall be adopted by resolution of the Board of County Commissioners. Said Cer=ificate fee shall be in effect for the period of February I through January 31 and shall be in addition to any other license fee or charges established by proper authority and applicable to said Holder or the ~i~> vehicle or vehicles under his/her Operation and control. The fee shall not be prorated for a fractional part of the year. All '=- for-hire Certificates which are not renewed prior to February 1 shall automatically expire and all for-hire transportation services !'.." re, dared thereunder shall immediately cease as of February 1. Upon ~,~ expiratio~ of the Certificate, a new Certificate must be applied for 7 .pursuant to the procedures outlined in this Ordinance. It shall be 'i = u~..la~l to operate any regulated service without a valid Certificate. All ~a%ee irecued e~d ~u= %e ~ir~ J=nu=ry ~,: ~ Prior to the expiration of said Certificate the Certificate Holder must renew its Certificate pursuant to the provisions of this ., Ordinance. If all provisions of this Ordinance are complied with ~'==7 the County F4ee% Manager or his/her designes wi~l reissue a i:'-' Certificate in compliance with this Ordinance. :,.. B. Before any motor vehicle Shall be operated under an initial .~. Certificate, or renewal Certificate, the Certificate Holder shall make application for and receive from the County ~Icc~ Manager or his/her designee a Vehicle Permit. Each permit application shall be in writing, and shall contain the name and address of the Holder, the make, type, year of manufacture, serial number, state license plate number, category of Vehicle for Hire, approved Taxicab color scheme, and seating capacity of each motor vehicle for which a permit is desired. Each ve~icle shall comply with all terms as set forth at time of certification. Prior to issuance of a Vehicle Permit the following documents are required upon submission of an application for V~hicle Permit: " - l~ - ~:. Words M/Mlirlllka~are added; words e%~aek--~ are deleted. 1. Proof oZ insurance in the ~orm of an original certificate of insurance including a schedule of covered vehicles. 2. ~eVe~he~i%~h~l}be~H~4~eqiw~Proo[ drover vehicle reaistration in anvo[ the fol/~ form-~l a valid cop~ of the Florida Departmen~ of Hiahwa~ Sa[etv and Motor Vehicles vehicle registration certificat~ The state vehicle registration certificate must classify the vehicle as a "vehicle for hire" co~ercial vehicl~ ~ or a notarized Florida Department Hiahwav Safety and Motor Vehicles Notifica~iO~ Of ~ansfer Of Reaistration License Plate trans[errina an existina license plate classi[ied as a "vehicle for hire". 1~ or any co~ercial registration legally authorizing the vehicle ~o operate in State of Florida, i.e. appor~lonated registration. ~ An a[fidavit sianed by the Certificate.. 2tatina that the vehicle[s~ to be Demi~d meet[s)' the sa[etv standards as retired by this Ordinance. Said a[fidavit shall have been issued not than thirt~ [30~ days prior to the issuance o[ th9 Vehicle Pemit. Any vehicle that has railed to meet the standards set forth in this Ordina~ce mus~ be removed from service until all violations are corrected. Each Vehicle Pemit shall expire on January 31 of' each year, and may be renewed upon pa~ent or the prescribed fee. submittal the above ~ocumentation and presentation of a valid occupational license for that petit year. The prescribed fee shall be adopted Words Underlined are added; words Gtruck thz=~h are deleted. by resolution of the Board of County Commissioners, Zt shall be unlawful to operate any vehiols without a valid Vehicle Permit. Vehicle Permits shall be color coded for each permitting February I to January 31 · Each Vehicle Permit shall be separately numbered. The Vehicle Permit shall be permanently affixed on each assigned vehicle's left inside bottom windshield glass corner. Upon the sale or transfer of a vehicle or upon expiration of the permitted period, the Certificate Holder shall remove the Vehicle Permit from the vehicle. The Certificate Holder shall be responsible to notify the County Fl=c~ Manager or his/her designee in writing within 10 calendar days of any currently valid Vehicle Permit removed from a vehicle. Vehicle Permits shall be transferable only in the_.e~ent .of the replacement .of an. existing vehicle(s) upon proof of purchase.of_.new.vehicle(s).and discontinued operation of the previously permitted vehicle(s). Each new vehicle ~a~a~e reauiEements of this Ordinance prior to its heine operated by the Certificate Holder. Should a permitted vehicle at any time cease to be covered by a policy of insurance as required by this section, the permit for that vehicle shall be automatically null and void and i~mediately returned to the Fl==~ Ma~ Code ~ Department. Vehicle Permits voluntarily returned to F-tee%]~~ Code Enforcement for vehicles temporarily taken out of service shall be granted a ninety (90) day insurance lapse period with proof of the insurance cessation date before a Vehicle Permit renewal fee is required, except where Section Ten, subsection (b) applies. A4=~ vchlcte ~ du= ~e eMp~uPe e~ J=nu=:~ ~ -~-~ .... ~- ~- full f=rcc =n~ =ffcc~ until ~prll ~^, C. Subcontracted Vehicles must obtain and display a temporary Vehicle Permit at a cost of $5.00 per day per vehicle. Securing such Temporarl~ Vehicle Permits will be the responsibility of the Certificate Holder. Subcontracted Vehicles shall comply with all sections of this Ordinance. D. Applications for a Vehicle Permit for any vehicle not owned by the Certificate Holder who is making application must be accomp~nied by a written vehicle lease agreement between the Owner of the vehicle and the Certificate Holder. The application must _ _ 1:]80 Words underlined are added~ words~ are deleted. NIl also include proof of insurance covering the vehicle. All vehicle · lease a~reements must be approvad by the C~=n~y ~ ManaeJemen~ ~ ~ai~men~ ~odeEnforcement D~Dartment before issuance of a Vehicle : Permit. : E. Each Taxicab shall be required to display a unl~o~ and distinct color schane on all pe~itted vehicles. All such schemes shall be subject to receive Drier review and aDDrove1 ITem the ~blic Vehicle Adviso~ Comittee and . ~ ~ No petit shall be granted to an~ Certificate ' Holder to operate an~ Taxicab covered b~ this Ordinance whose color sch~e, name, trade name, monogram or insignia is in conflict with or Is an imitation of any color scheme, name, trade name, monogam or insl~i&used by any other Taxicab Certificate Holder. OE~IOM EI~I Section Eleven of Collier County Ordinance No. 91-93 is hereb~ amended to read as follows: 2X~ION EL~. DISCI~LI~Y PROCEEDINGS. A. ~e county [~Manager or his/her designee, may initiate : ]' disciplina~ proceedings against a Certificate Holder for violations of this Ordinance by filing a sworn complaint ~C~': wl~ ~e Clark to ~e Board of County Co~issioners. B. ~y person ~ho believes that a Certificate Holder has violated this Ordinance ~ shall submit a sworn complain~ to ~e County ~Manager or his/her designee. ~e complaint shall be in substantially the fom prescribed by the Count~ =Ic=% Manager or his/her designee. The complaining party shall state with particularit~ ~hich .. sections(s) of ~is Ordinance he or she believes has been '. violated by the Certificate Holder and the essential facts r~-, in.suppo~ thereof. C. Upon the submission of a sworn complaint, the County Manager or his/her designee, shall conduct a preliminary investigation and detemine whether the complaint submitted warrants the filing of formal charges. If charges are wa~anted, the County Flcc~ Manager or his/her designee, shall file the complaint with the Clerk to the Board of County Co~issioners and shall send, by certified mail, _ ,o. 3i ~,~..' Words~are added~ words~are deleted. return receipt requested, a letter to the Certificate Holder at his last known address. as shown by the records of the Public Vehicle Board, enclosing a copy of the complaint and 1. The name of the complainant; 2. The date(s) of the commission of the alleged offense(s)~ 3. The section(s) of this Ordinance alleged to have been i,...~ .. violated~ The range of disciplinary sanctions which may be imposed upon any Certificate Holder, pursuant to this Ordinance by the Public Vehicle Board in the event said Board finds a violation of this Ordinance to have occurred~ The date, time and place at which the Certificate Holder shall appear before the Public Vehicle Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter. a. The notice of hearing required by this Section may, in the alternative, b~ accomplished by hand delivery of ~aid notice to the Certificate Holder by the County F-tee%Manager or his/her designee, or by leaving said notice'at the Certificate Holder's usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice. b. In addition to providing notice as set forth above, at the option of the County rlcc~ Manager or his/her designee, notice may be furnished to the Certificate !., Holder by publication as follows: · -;,~ k: 1. Such notice shall be published once during each week for four (4) consecutive weeks (four k.~. publications being sufficient) in a newspaper of ~- general circulation in Collier County. The !. ,.- newspaper shall meet such requirements as are j!.. prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; Words underlined are added; words e~ are deleted. 2. Proof of publication shall be made as provided in Sections 50,041 and 50.051, Florida Statutes. Notice by publication may run concurrently with, or may follow an attempt to provide notice by hand delivery or by mail as required by this Section. c. Evidence t~at an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsaction b, shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice. Conduct of hearing. 1. A hearing shall be held concerning the complaint and it shall be open to the public. 2. The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at his/her own expense. Neither Collier County nor the Public Vehicle Board shall be responsible for any failure of recording equipment during the conduct of the hearing. 3. Each caso before the Public Vehicle Board shall be presented by the County Attorney, an Assistant County Attorney, or by a member of the County staff. 4. Assuming proper notice of the hearing has been provided to the Certificate Holder as provided in Section Eleven (C) of this Ordinance, a hearing may proceed in the absence of the Certificate Holder. 5. The Public Vehicle Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under'oath and shall be recorded. The Public Vehicle Board shall hear testimony from the County F-tee%Manager or his/her designee, from the Certificate Holder alleged to be in violation of this Ordinance, and from such - 1 - ,o. 860 33 Words underlined are added~ words e~ek--%4~ are deleted. !~"~:: other vitnesses as may be called by the respective parties. 6, Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings, Irrelevant, | · im~aterial or cumulative evidence shall be excluded; but all other evidence of a t~pe commonly relied upon' by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a ~-a-l~ia~ in the ~i~':~ courts of the State of Florida. Hearsay evidence may be ..... . used for the purpose of supplementing or explaining any · ' evidence but shall not be sufficient, by itself, to .~,. support a finding unless such hearsay would be tDk']. admissible over objection in civil actions in court. The rules of privilege shall be effective to the same :]~ extent that they are now or hereafter may be recognized in civil actions. 7. Any member of the Public vehicle Board may question any iVi.~' witness before the Board. Each party to the proceedings shall have the right to call and examine witnesses~ to ,,~ ' introduce exhibits~ to cross-examine witnesses~ to ;' impeach any witness regardless of which party called the .~., witness to testify and to rebut any evidence presented ! against the party. -!.. ~-.,. .i:~.. S. The chairperson or, in his/her absence, the vice. !~;~ chairperson, shall have all powers necessary to conduct .~. the proceedings at the hearing in a full, fair and · impartial manner and to preserve order and decorum. .:v 9. At the conclusion of the hearing, the Public Vehicle !l-~' Board shall issue findings of fact based on evidence of ~ record and conclusions of laws impose disciplinary Ci: sanctions, if warranted~ and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said Words~L~are added~ words ~ are deleted. findings of fact, conclusions of law, disciplinary sanctions, if any, and related order shall constitute the decision of the Public Vehicle Board on the case heard before the Board. 10. The decisions of the Public Vehicle Board shall be · tat,d orally at th. heari.g ,.d shall be rsd.ced to writing and mailed to the parties within~l~days af~sr the hearing. ~he findings of fact and conclusions of law, disciplinar7 sanctions, if any, and any related order shall be made by motion approved by a majorit3[ of the members of the Public Vehicle Board who are present and voting. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing. 11. Should the Public Vehicle Board be unable to issue a decision immediately following any hearing because of fi question of law or other matters of such nature that ee fi decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of the Public Vehicle Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant to Subsection Eleven (D)(9) and Eleven (D)(10)of this Ordinance. SECTION NINEz Section Twelve of Collier County Ordinance No. 91-93 is hereby amended to read as follows: SECTION TWELVE. RENEWAL OF CERTIFICATE TO OPERATE. The County =l=c~ Manager or his/her designee shall notify all i.'." Certificate Holders in writing of the annual requirement to renew i=!]'1 Certificates to Operate. Renewal registration of a Certificate to ~,,~r Operate shall include the name of the Owner, business address, proof of insurance, valid registration, and address where manifest/trip ~ log records are to be kept if different from the business address. L' Proof of the issuenon of an occupational license for the operation - 1,- ,00~ I]60-~: 35 words~are added$ words e~ek--tq~hare deleted. of a vehicle for hire business is required prior to approval of a ~ renewal Certificate and such Certificate shall only be issued when ~' the Holder thereof has paid the annual occupational license fee as .~,i set.forth in the occupational license fee schedule. Failure to pay the annual occupational license fee shall result in automatic .~'.. expiration of the Certificate. Expiration of a Certificate shall require a new application for a Certificate pursuant to the · provisions of this Ordinance. The 0ccupational license fee shall be ~i'i/~ in addition to any fee or charges established by proper authority and applicable to said Holder. ~]~-" SECTION TENI Section Thirteen of Collier County Ordinance No. 91-93 · is hereby amended to read as follows: A. It shall be unlawful for any person to operate or pemit operation of a Motor Vehicle for Hire, unless the following minimum vehicle standards are complied with or exceeded and the vehicle is maintained in proper operating condition: 1. Interior rearview mirror and an exterior side view mirror on the Driver's side. All Vans must have exterior mirrors 'mounted on both sides of the vehicle. 2. Speedometer, and Taximeter if applicable, properly ( k '! installed, in good working order and exposed to the ~'( view of both the Driver and the passenger(s). ,~I, 3. Interior must be clean, sanitary, free from torn upholstery or floor coverings and from damaged or broken seats. Seat covers shall be permanently =~ attached or fixed to the seat of the vehicle, and ~.;: have no exposed wire or sharp edges either. from metal or hardened vinyl. The rear seat must be of a Jji-'= type, size and mounting approved by the vehicle manufacturer. No broken springs, sagging or :" horizontal slippage is allowable in either seat. Floor covering material shall be secure and contain no rips or loose folds. The vehicle floor shall be free of rust and holes. ". 4. All doors must have operating handles that allow '~',=,..';. opening from both inside and outside. Handles, knobs and armrests are to be free of breaks and must ]~:, be securely mounted. Door hinges and hold stops '~'~ " must function correctly. Door seals and gaskets must be intact and operating to seal water and odors from entering the passenger compartment from outside. All door panels must be intact to preven~ accidental injuries on door and window mechanisms. Vehicle must be structurally sound and mechanically operable with a minimum of noise and vibration. ~ -.- :'n '6. The body, fenders, doors, trim and grill must be :!. ~oT::' ':~.'free from~h~es,'lcracks, ·breaks and dents which may endanger pedestrians or passengers. 7. Vision must be unobstructed on all four (4) sides. The windshield and rear glass shall be free of breakage, cracks, or pits. All side windows shall operate with no breakage, cracks or pits that may impair visibility or hinder the safety of passengers. No window on Vehicles for Hire shall be composed of, covered by, or treated with, any material which Would cause the vehicle to be in r~i.~-'~ violation of Section 316.295, Florida Statutes. S. For Taxicabs an Ai~ rate schedule prominently' ~ displayed. 9. Interior light which functions properly. 10. Vehicles for Hire must be free of hazards (including ~"' but not limited to slippery floors, sharp edges, and ~!i,]' unpadded interior door head clearances). No loose ~:,,~ ObjeCts or externally mounted speakers shall be placed on the deck behind the rear seat. No -' decorations or other objects will be permitted to hang from permanently mounted fixtures in Taxicabs. '~: 11. Brakes, including emergency brakes, must be i.. maintained in proper operating condition, operate Words ~ are added~ words e~ are deleted. shall contain an operational parking brake and a prinary brake system which acts on all four (4) vehicle wheels. There shall be no visible leaks in the brake line, wheel cylinder or any part of the brake system and no frayed cables. All primary brake systems shall be equalized and demonstrate s reasonable total braking force. Brake linings, when measured at the thinnest point shall not be less than thirty percent (30%) of the original manufacturer's approved thickness, or one-sixteenth (1/16) of an inch, which ever is less. Brake linings shall also be firmly attached to the brake shoe. Disc brakes and brake drums shall be of a size and type approved by the manufacturers of the vehicle, with no pads worn below the manufacturer's specifications for replacement, and no cracks or other damage which change or impair the functional surface. 12. Exhaust emission must be free of smoke from excessive use of oil. There shall be no leakage of gas at the manifold gaskets, manifold and exhaust line gasket, muffler and muffler connections or at any other point in the vehicle's exhaust system. The tail pipe shall discharge exhaust from the rear or sides of the passenger and luggage compartment. No part of the exhaust system may pass through or leak into the part of the vehicle occupied by passengers. 13. Tires shall be of the size approved by the manufacturer, with no mismatched size tires on the vehicle. There shall be no cuts into the tire cord or sidewall area or localized worn spots that expose the ply. No tire is permitted on which less than 2/32 inches remain when measured in any two (2) grooves at three (3) equally spaced intervals around the circumference of the tire, or when the tire has Words MIk~rlined are added~ words e%t~ek-~ are deleted. tread wear indicators, no tire shall be permitted where the indicators contact the road in any two (2) grooves at three (3) equally spaced intervals around the circumference of the tire. 14. Lights, horn, steering mechanism, windshield wipers, directional signals, must be maintained in operating condition. Each vehicle must be equipped with operational Plotida Highway Patrol approvsd turn indicating lamps or devices on the front and rear of the vehicle and a foot brake activated stop light on the rear of the vehicle. Each vehicle shall also have a tail lamp so situated on the vehicle as to illuminate the rear license plate with e white light and render it clearly legible. The vehicle shall be equipped with an operational horn with the actuating button mounted in the location designated by the vehicle manufacturer and operated in the manner determined 'by the ~ehicle manufacturer. Steering mechanisms shall not be worn or Jammed, nor shall there be more than two (2) inches play to the left or right of center, measured at the steering wheul rim with the road wheels in e straight ahead position, on wheels up to eighteen (18) inches in diameter, or three (3) inches of play on wheels over eighteen (18) inches. Each vehicle shall have two operational windshield wipers controlled Or operated by the Driver of said vehicle. The wiper blades shall be in such a condition as to make firm contact with the windshield when operational, and shall not be torn or badly worn. 15. Vehicle Permit must be properly displayed. 16. All Vehicles for Hire shall be equipped with a properly operating air conditioning and heating - - ,o. 060,, 39 Words ~are added; words e4Psaeh-~ are deleted. 44~r 17. MUSt be in compliance with all County ordinances, State, 'and Federal staeutes. Seat belts ,.. are to be in operating condition and easily accessible by all passengers. For the purpose of this section, seat belts which have been placed under the seat or between the lower and upper portions of the seat are not easily accessible. .j. '.~.r 18. Every Certificate Holder shall be responsible ~" .. for ensuring that each vehicle for hir~ owned, i):,' operated, or controlled by it complies with : ' applicable state and federal laws, rules, regulations, and standards regarding motor vehicle safety equipment and devices. Every Certificate Holder shall cause every vehicle for hire that it owns, leases or controls to be inspected at least once every six months to ensure that each vehicle for hire complies with the minimum vehicle standards of this Ordinance .(r=f. =ccti:n ~ and ChaDteE 316, P.~'r Florida Statutes, and the Certificate Holder shall maintain a permanent registry containing information on the identity of each vehicle for hire inspected, the date of the inspection, and the nature of any deficiencies or defects discovered, remedial action or service · "' perfo~nned, and the name of the inspector· A vehicle for hire which fails to meet the operating and safety requirements of this Ordinance, Oh. Chapter 316, [.C.. Florida Statutes, or other applicable law, rule, or regulation shall not be operated for the transportation of passengers for hire until such defect or deficiency has been rectified. Said permanent registry shall be available for inspection Words underlined are added; words =truck thr=ugh are deleted. and/or copying b7 the County during regular business ........ hours.. B. All corrections or repairs required in order to comply with the minimum vehicle standards set forth herein shall be accomplished within ~ J~ days from notification of the violation. Notification of any violation of minimum vehicle standards in witins and either ~d delivered or delivered by certified mail, return receipt re~ested. ~ d:~: ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ The date o~ receipt ~~ ~ notice o~ viol~ti~n shall co~ence the nnnin~ ~a ,~cresaid , ~ day period. Failure to correc~ violations minim~ v~icle s~andnrds shall be considered a violation o~ this SZ~ION ~x Section Fifteen of Collier County Ordinance No. 91-93 is hereby amended to read as follows~ 2E~ION ~I~E~. DESIG~TION OF V~ICLES FOR HIRe. A. All Taxicabs utilized by the Certificate Holder shall be painted in confomanue with the color scheme proposed by Ce~ificate Holder upon making his/her initial application and as approved by ~ ~ ~ ~ .hi=/.h=: ~ the ~blic Vehicle Advisory Committee. Any changes in color scheme must comply with the procedures outlined in Section 5 (A)(7), in this Ordinance. ~e name of ~e Certificate Holder is to be clearly displayed on the cab in lettering which is at least ~ (~ three ~3~ inches in height and is clearly visible to any and all customers. The lettering must be pamanently affixed to the vehicle. Magnetic signs are not pemitted. All Taxicabs must have a pemanently mounted top light at least ten (10) inches wide and four (4) inches in heig'ht. The top light must be mounted on the roof of the cab and ill~inated wi~ a tell-tale light indicating when the cab is occupied. In addition, the Owner/operator shall post the schedule of fares and charges in the Taxicab and the schedule shall be Words M~ are added$ words ~ are deleted. clearly and conspicuously visible to a passenger, The words "Rate", "Rates", or "Rates of Fare" shall precede the rate statement. The rate statement shall be fully informative, self-explanatory, readily understandable by the ordinary passenger, the same as that ratefo/aich the Taximeter is calibrated. and shall either be of a permanent character or be protected by glass Or other suitable transparent material. .... }t. Each Taxica~ shall be equipped with a Taximeter meeting all specifications, tolerances, and other technical requirements for Taximeters. specified in Handbook H.44, National Bureau of Standards. The-~ace.-o=-every Taximeter shall at all times be visible from the · axic~b~s ~passenger .compartment and shall be illuminated so pasW.e~.ers=..ma~ a~r~___th~.,...~mount of fare registered by the Taximeter, 'The signal affixed to any Taximeter shall under no circumstance indicate that the Taxicab is vacant when in fact such Taxicab is engaged by a passenger. It shall be unlawful to operate any Taxicab-unless its Taximeter has been inspected and found to be accurate and is in satisfactory operating condition and sealed pursuant to Chapter 531, e~ Florida Statutes. It shall be the duty of the Holder of each Taxicab Vehicle Permit to have the Taximeter in good working condition and operating accurately as to the registration of mileage and fare. Such meters shall be sealed in a manner that will prevent any person from tampering with or changing the adjustment of same. It shall be unlawful for any person other than a person authorized under Chapter 531, Florida Statutes, to tamper with or change the adjustment of a meter. It shall be unlawful for any Holder of a Taxicab permit to operate a Taxicab when a Taximeter does not accurately register the mileage and rate as posted on the schedule of fares displayed in the Taxicab. Evidence of the breaking of an official Taximeter seal of the Florida Dep~rtment of Agriculture and Consumer Services shall constitute prime facie evidence that a Taximeter does not accurately register the mileage and rate posted in the Taxicab. C, :r~ ensure that the different tVDeS Of vehicles for hire easily recoanized and to avoid confusion amo~q the travelina Dublic~ Charter Service Vehicles shall not be painted in the same color Words lLnderlined are added~ words e~eh~ are deleted. scheme of any permitted Taxicab. Sedan and Limousine Charter Service type vehicles may onlY._ diSDla~ the Certificate Holder's trade name on the front license plate of the vehicle and/or in lettersnO_l; tO exceed three [3) inches in height affixed to the area [X~aJlY_~i~ limited to the storage of baaGaGe behind the rear most seat. NO. letterinG. is allowed on any alass. Charter Service 3t~ll~es shall not place any tvDe ...Or form of light device on the roof {commonly knowl~ as a rOD liGht~ whether or not permanently or temporarily affixed to the vehicle. or have such a light within the possession of the interior of the vehicle. excluding~the trunk area. SECTION TI~ELVEI Section Sixteen of Collier County Ordinance No. 91-93: is. hereby amended to read as follows: t.::...~SECTIC.N SIXTEEN. SCHEDULE OF TAXICAB RATES RND CHAR~ES. · .:'--. A. Rates and charges. by Owners and operators of Li~=u=in=/zhuttl= Charter Services shall be unregulated. Rates and charges of Taxicabs under contract to provide long term services to users shall not be regulated. Only cash fares involving Taxicabs are regulated. B. The following schedule of maximum rates is hereby established for Taxicabs operating in Collier Countyz One dollar end seventy-five cents ($1.75) for the first one-tenth (1/10) mile or any part thereof, and an additional thirty cents ($0.30) for each two-tenths (2/10) mile or any part thereof. C. The followin~ maximum charges are hereby established in addition to the maximum rates set forth in subsection B hereof: 1. Twenty four dollars ($24.00) maximum per hour standing/waiting time with a minimum rate and interval of time of not less than twenty cents ($0.20) per thirty (30) seconds not to exceed forty cents ($0.40) in one minute in accordance with the time elapsed on the Taximeter. D. Rste change procedures. 1. The Board may, from time to time, require the Owners and operators of Taxicabs to appear before the Public Vehicle Board at a public hearing for the purpose of reviewing their rates for reasonableness. Said Owners and operators may petition the Public Vehicle Board for a review of their rates. Words ~lrL~rlinedare added; words e~ek--%h{N~h are deleted. 2. Prior to a public hearing pursuant to this section and upon request of the Board or Taxicab Owners, the County ~ Manager or his/her designee may investigate and prepare a report concerning the existing rates. The report shall consider the financial and operating reports submitted by each operator to determine operating ratios, revenues, expenses, and the potential impact of the propozed rate changes.' For rate-making purposes, the County ~ Manager or his/her designee will not consider any cost incurred in the acquisition of ~ license em4 or political contributions. Costs which will be considered in rate studies will include vehicle operating maintenance and repair expenses, salaries of Drivers, dispatchers and supervisors, insurance costs, taxes, and administrative expenses. 3. The report from the County ~ Manager or his/her designee %6 shall be reviewed by the Public Vehicle Advisory Vehicle Advisory Co~mittee shall then make a recommendation to the Public Vehicle Board reaardina rate adjustmentS. 4. The Public Vehicle Board shall within sixty (60) days after the receipt of the staff and Public Vehicle Advisor~ [a~ recommendation, schedulela public hearing concerning the proposed rate change, at which hearing all interested parties shall have an opportunity' to be heard. The Public Vehicle Board shall consider tile staff report and recommendation. the Public Vehicle Advisory C~mmittee recommendation, and all evidence produced at the hearing, and by resolution, shall determine and set the appropriate rates as may be in the public interest. Appeals of the Public Vehicle ~oard's decision shall be to the Circuit Court of the Twentieth Judicial District in end for Collier County in accordance with Florida Appellate Rules. SECTION TTiIRTEENI Section Seventeen of Collier County Ordinance No. 91-93 is hereby amended to read as follows= SECTION 8EVENTI~EN. DAILY MANIFEST OR TRIP LOG REQUIRED. Every Motor Vehicle for Hire Owner or operator shall maintain a daily manifest, otherwise known as a trip log, upon which he shall promptly and legibly record the fo'llowing information: Name of the ~ordellllJ~r, JJa:JJ~are added~ words e~N~-t4~i~haza deleted, ~.Driver, vehicle number, year, month, date, the starting time, place of origin and destination of each trip, the amount of fare collected and the number of p~ssengersT %he %e%a~ m~ee ee ~n~%e eee~ during an operator's driving period. All such completed manifests shall be returned to the Owner of the business by the operator at : the conclusion of hi./her tour of duty. The forms for each manifest shall be ·furnished to the operator by said Owner. Certificate Holders and Drivers shall not destroy, mutilate, alter or otherwise defaoe said dally manifests without approval by the County. Said manifests shall be available for inspection and/or copying by the County during regular business hours for a period of not less than ..... ~.~ = .... Qne [1~ year after the date of the manifest. SECTION FOURTEENI Section Eighteen of Collier County Ordinance 91-93 is hereby amended to read as follows: SECTION EIGHTEEN. DR~ STANDKRDS. A. All Drivers of Motor Vehicles for Hire shall hold a current and valid ch=';ffc';r'z/=l=z= D commercial driver licenseA if requiredA in said Driver's name issued by the State of Florida or by any other State in the United States if the Driver operates a vehicle for hire in more than one State. B. Everv Certificate Holder shall be responsible for ensurinu that each Driver varifies at least every twelve [12~ months bv sworn affidavit that he/she has not been found ~uiltv or convicted. regardless of ad~udication. of any of the followin~ crimes within the ~ast three 1. Murder. manslaughter. armed robbery. ~SS~ult With a deadly weapon. a~uravated assault~ 2. Anv crime involvinu the sale or Dossession controlled substances as defined by Section 893.03, Florida Statutes: 3. The Florida RICO Act: 4. Drivinu while intoxicated or under the influence dru~s or any other alcohol or dru~ related 5. Vehicular manslau~hter~ 6. Beckless drivin~ 7. ExPOsure of the sexu~! organs and anv crime defined ~ords underlined are added~ words =~r'ack ~h==~h are deleted. under Chanter 796° of the Florida. Statutes. Dertainina to prostitution. If. at any time it i.s determi~ed that the Driver has been convicted of any of the aforesaid. the Certificate Holder Hhall not permit the ~o oPerate ~nv DeTroitted V~hicle under his/her authority. The Certificate Holder shall maintain a permanent reaistrv containins informatio~ on the identity of each Driver hermitted to operate a permitted vehicle under his/her authority. Said permanent reaistrv shall be available for ins~ection an~/~r coDvine by the County durina readlet business hours. This sectlO~ shall not aDDlV tO any Driver employed by a Certificate Holder o~ the effective date of these amendments This exemption is limited to those findines of auilt or convictions occurTins prior to the adoption of these SE~ION FIUEUN Section~wenty-two of Collier County Ordinance No. 91-93 is hereby amended to read as follows: SECTION TWOIlL"Z-TWO. A}PLICRB~LITY OF ORDINANCE. The provisions of this Ordinance shall be applicable to and effective in both the incorporated and unincorporated areas of Collier County, Florida. It shall be the duty of all county and municipal law ~ enforcement officers to enforce these provisions within the territorial areas of their respective Jurisdictions. This Ordinance is intended, and shall be construed, as a direct regulatory measure uniform in application throughout all Collier County, Florida. NNCTION SIXTENt Section Twenty-three of Collier County'Ordinance No. 91-93 is hereby amended to read as follows: SECTION TWENTY-THREE. RDVERTISING OF SERVICES. It shall be a violation of this Ordinance to advertise a service that one is not licensed to provide. All advertisements for Vehicles for Hire services Printed after July 31. 1994 in a telephone directory or newspaper distributed in Collier county sha~ include the Certificate number. SECTION SEVENTZENt Section Twenty-five of Collier County Ordinance No. 91-93 is hereby amended to read as follows: - 30 - Words underlined are added; words :~r';=h ~hr;=~h are deleted. A violation of any section of this Ordinance, in addition to · '; · bein~-..the--~]rounds.-of suspension or revocation of a Certificate to ,;. Operatar--shall-be .considered a misdemeanor and shall be punishable .. by-a fine not. exceeding five hundred dollars ($500) and/or sixty (60) .days-in Jail for each day of violation. Bach day of continued !. violation-shall be considered a separate and distinct offense. In .~.: addition, authority is hereby given to the ~ Ve~ Count_v-.- to - seek civil relief through temporary and/or permanent ln~unction, action,: an action for damages for any violations hereof, or-before-the Collie~-County Code Enforcement Board. :=.-" 8ECTIOI~II. GHTBEN .... CONFLICT AND 8EVZRABXLXTY. .~.L~ilr~thtei~eve~t~this..O~dinance conflicts--with-any other ordinance ..,, of.-Collier County or other applicable law, the more restrictive shall' el)ply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent ~ provisions and such holding shall not affect the validity of the remaining portion. SECTION IINITI]]!., F,]q'I:CTZll DIETS, This Ordinance shall become effective upon receipt of notice /, from the Secretary of State that this Ordinance has been filed with !]~.'~ the Secretary of State. · PASSED AND DULY ADOPTED by the Board of County Commissioners of cokli.~er; ~gun~y, Florida, this ,~a day of ~ , 1993. · -~:.. . ~, ~r/,..:.. - , · · ....... ,/ ,~ . · .,: ,.. ,~ .... *""'~,~\~' BURT L. SAUNDE~S, Chairman ~'Appro~d an to form T}'~iI ordh'~ce filed with Assistant County Attorney arid acknowledgm~x. nt '~ ,"' fill recehttd Ih day Words unde~lined are added~ words e%~eek-%~ are deleted. ?'B~C~D~.,~.. BR~/~ler~ o~ .Courts in and for the /. ~enti~th.,~cial C~Fcu~..~ollieF Co~ty, Florida, do J~ermby.~ertJZy that the foregoing Is a true copy 0rdJn~ce No. 93-14 :. ~ which was adopted by the Board of Co~y Co~issioners on ~thm 23rd da~ of Rarch, 1993, during Re~lar Session. . NIT~SS my h~d ~d the official seal of the Board ~ ./...~ .... · GoUty Couimsionerm of Collier Co~ty, Florida, this 24th ".day o~ March, 1993. .. . ~'~':~' DWIGHT Z. BROCK ' ~t~ ~/ .. 'j'j Clerk of Courts and Cler~ Ex-officio to Board of .'%'.." .. "'.. j":' County Copiesloners :.~.' · - :.~ .. . ,. · ~.~tv c~ /~., ., ': ~,'~ i:,.