Ordinance 88-037ORDINANCE NO. 88-37
follows:
SECTION ONE.
For the
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County
Ordinance No. 86-4, as amended, is hereby amended to read as
DEFINITIONS.
purposes of this Ordinance, the following
definitions shall apply:
A. "Motor Vehicle for Hire" means all vehicles or machines
propelled by power other than muscular, which pick up passengers
within Collier County and are used upon the streets to transport
passengers for compensation including, but not limited to the
following classifications:
(1) "Taxicab" means a motor vehicle designed to accom-
modate not more than six (6) passengers, exclusive of the
driver, equipped with a top light, operated for compensation
at rates based upon the distance traveled and authorized by
this Ordinance, recorded and indicated by a taximeter in
operation when the vehicle is in use for transportation of
any passenger, and the route or destination is controlled'by
the passengers therein.
(2) "Limousine" means any motor vehicle that is
engaged for the exclusive use of the passenger, not equipped
with a taximeter, which prov~es seating accommodatioDs f~r.
not more than eight (8) passengers, exclusive of the driver,
where the route or destination ii controlled by the
passenger, and the rates of which are based upon a
pre-determined hourly or door to door price.
!
Words Underlined are added; Words S~uek-Th~ou§h are deleted
AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY .
ORDINANCE NO. 86-4, AS AMENDED, BY PROVIDING
FOR AN EXEMPTION TO THE REQUIREMENTS OF
':~':' ORDINANCE NO. 86-4 FOR "COORDINATED COMMUNITY
· ". TRANSPORTATION PROVIDERS" AS DEFINED IN
..~'-"-~ SECTION 422.011(5), FLORIDA STATUTES; PROVIDING
.; ~..~: FOR RENUMBERING OF THE SECTIONS AS APPROPRIATE;
~.~...j DECLARING AN EMERGENCY; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
(3) "Van" means a motor ~ehicle that is designed or
engaged to transport not more than fourteen (14) passengers,
exclusive of the driver, and the rates of which are based on
a pre-determined hourly or door to door price.
(4) "Bus" means a motor vehicle that is designed or
engaged to transport fifteen (15) or more passengers for
compensation. .
(5) "Trolley" means a motor vehicle that is designed ·
or engaged to transport fifteen (15) or more passengers for
compensation.
B. "Owner" means an individual, corporation, partnership,
association, joint venture, or any other type of organizational
enterprise which has a financial or control interest in the
ownership or operation of motor vehicles for hire and the motor
vehicles for hire business.
C. "Public Vehicle Board" means the Board of County Commis-
sioners of Collier County, Florida.
D. "Certificate" means a certificate of public convenience
and necessity issued by the Public Vehicle Board granting written
authority by the Public Vehicle Board of Collier County under
this ordinance to an owner to operate a taxicab or a taxicab
business in Collier County.
E. "Holder" means a person to whom a certificate of public
convenience and necessity has been issued.
SECTION TWO. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY REQUIRED.
It shall be unlawful for any person or owner to operate or
to permit a motor vehicle owned or controlled by him to be
operated as a motor vehicle for hire upon the streets within
Collier County without having first obtained a certificate of
public convenience and necessity from the ""u~:
..... c Vehicle 'Boar~. - ......
Ail persons or owners who are currently and validly registered
and permitted to engage in the business of transportation of pas-
sengers for hire by Collier County, as of the date of adoption of
this Ordinance, shall be entitled to receive a certificate, of
Words Underlined are added; Words $~ek-Th~eugh are deleted
p~blic convenience and necessity pursuant this ordinance, upon
the filing of an application as prescribed by Section ~e~ Fiv~
except that no public hearing shall be required for issuance of
certificate to such persons or owners.
SECTION THREE. Exemption.
Any owner or transportation provider which has been
designated as a "Coordinated Community Transporation Provider"
as defined in Section 427.011(5)~ Florida Statutes~ is hereby
exempt from the requirements and provisions of this Ordinance.
SECTION THRSB FOUR. PUBLIC VEHICLE BOARD AND ADVISORY CONMITTEE.
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 and number of motor
vehicles for hire operating on the streets within Collier County.
There is further hereby established 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 pursuant to
this Ordinance. The members of the Public Vehicle Advisory
Committee shall be appointed by and serve at the pleasure of the
Public Vehicle Board. The Public Vehicle Advisory Committee
shall review and make recommendations to the Public Vehicle Board
regarding applications for a certificate pursuant to this
Ordinance. The County Manager shall designate a member of his
staff to serve as liaison and to coordinate with the Public
Vehicle Advisory Committee.
SECTION PedR FIVE. APPLICATION FOR CERTIFICATE~
A. An application for certificate shall be filed with the
Public Vehicle Board on forms provided by' the County Manager or
his designee and said application shall be verified under oath
and shall furnish the following information~
(1) Name and address of the applicant.
Words Underlined are added~ Words 6t~aek-~e~W~ are deleted
(2) The financial status of the applicant, including the
amounts of all unpaid judgments against the applicant and the
natu. ~ of the transaction or acts giving rise to said judgments.
(3} The experience of the applicant in the transportation
of passengers.
(4) Any facts which applicant believes tend to prove that
public convenience and necessity requires the granting of. a
certificate hereunder.
(5) The minimum and maximum number of vehicles to be
operated and controlled by the applicant and the location of
proposed depots and terminals.
(6} The name, color scheme and insignia to be used to
designate the vehicle or vehicles of the applicant.
(7} 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 referred to the Public Vehicle Advisory Committee for recom-
mendations as to whether a certificate should be issued to the
applicant and as to the classification as a taxicab, limousine,
van, trolley or bus. In making its recommendations the Committee
shall consider and address those standards set forth in Section
Five for issuance of a certificate by the Public Vehicle Board.
Upon receipt of the Committee's recommendations, the Public
Vehicle Board shall fix a time and place for a public hearing
thereon. Notice of such hearing shall be given to the applicant
and said notice of hearing shall be published in a local
newspaper of general circulation as part of the regularly
advertised agenda of the Board of County Commissioners of Collier
County, Florida. Any interested person may speak or file with
the Public Vehicle Board a memorandum in Support of or in
opposition to the issuance of a certificate.
SECTION P~V~ SIX. ISSUANCE OF CERTIFICATEJ
If the Public Vehicle Board finds that further motor
vehicles for hire service in Collier County is required by the
public convenience and necessity, and that the applicant is fit,
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willing and able to perform such public transportation and to
conform to the provisions of this ordinance and the rules prom-
ulg& ed by the P~blic Vehicle Board, then the Public Vehicle
Board shall issue a certificate stating the name and address and
classification of the applicant, otherwise, the application shall
be denied. In making the above findings, the Public Vehicle
Board shall take into consideration the number of motor vehicles
for hire already in operation, whether existing transportation is
adequate to meet the public need, and probable effect of
increased service on local traffic conditions and the character,
.experience and responsibility of the applicant.
SECTION S~ SEVEN. MINIMUM INSURANCE REQUIREMENTS.
All taxicab, owners and operators shall have in full force
and effect motor vehicle liability insurance for each motor
vehicle in the amount of Fifty Thousand Dollars ($50,000.00) for
bodily injury to any one person; in the amount of One Hundred
Thousand Dollars ($100,000.00) for injuries to more than one
person which are sustained in the same accident, and in the
amount of Twenty Thousand Dollars ($20,000.00) for property
damage sustained in one accident. Ail limousine and van owners
and operators shall have in full force and effect motor vehicle
liability insurance for each motor vehicle in the amount of One
Hundred Thousand Dollars ($100,000.00) for bodily injury to any
one person; in the amount of Three Hundred Thousand Dollars
($300,000.00) for injuries to more than one person which are
sustained in the same accident, and in the amount of Twenty
Thousand Dollars ($20,000.00) for property damage sustained in
one accident. All trolley and bus owners and operators shall
have in full force and effect motor vehicle liability insurance
for each motor vehicle in the amount of Five Hundred Thousand
Dollars ($500,000.00) for bodily injury to any one person; in.the
amount of One Million Dollars ($1,000,00D.00) for injuries, to
more than one person which are sustained in the same accident,
and in the amount of Fifty Thousand Dollars ($50,000.00) for
;
property damage sustained in one accident. Said insurance shall
030 268
Words Underlined are added; Words S~ek-Threu~h are deleted
inure to the benefit of any person who shall be injured or who
shall sustain damage to property proximity caused by the
neg! ~ence of the certificate holder, his masters,' servants or
agents. Nothing in this section shall be construed to waive any
applicable state or federal laws which require a higher amount of
minimum insurance.
A certificate of insurance shall be filed and recorded.in
the office of the County Clerk and shall have as an agent thereon
a insurance company authorized to do business in the State of
Florida. Said insurance policies must be issued for a minimum of
one (1} year and cover each vehicle in use throughout Collier
County. Further, said insurance policies shall be endorsed to
provide for thirty (30) days notice by registered mail to the
County Clerk of any material change, cancellation, or expiration.
It shall be the duty of the Clerk to immediately notify the
Public Vehicle Board of any such notice received by the Clerk.
SECTION SBV~N EIGHT. CERTIFICATE FEES.
No certificate shall be issued or continued in operation
unless the holder thereof has paid an annual certificate fee of
fifty dollars ($50.00) for the right to engage in the motor
vehicle for hire business. Said certificate fee shall be for the
calendar year and shall be in addition to any other license fee
or charges established by proper authority and applicable to said
holder or the vehicle or vehicles under his operation and control.
SECTION B~GHT NINE. TRANSFER OF CERTIFICATE PROHIBITED.
No certificate of public convenience and necessity may'be'
sold, assigned, mortgaged or otherwise transferred without the
consent of the Public Vehicle Board.
SECTION N~NB TEN. SUSPENSION OR REVOCATION OF CERTIFICATE.
The certificate issued under the provisions of this
ordinance may be revoked or suspended by the Public Vehicle Board
if the holder thereof has (a) violated any'of the provisions of
this ordinance, or (b} discontinued operations for more than 30
days, or (c) has violated any ordinances of the County of
Collier, the laws of the United States or the State of Florida,
Words Underlined are added~ Words 6~k-Th~ are deleted
the violations of which reflect unfavorably on the fitness of the
holder to offer public transportation. Prior to suspension or
revocation, the holder shall be given notice of the proposed
action to be taken and shall have an opportunity to be heard.
SECTION T~N ELEVEN. REGISTRATION OF CERTIFICATE.
Upon being granted a certificate to operate by the Public
Vehicle Board, all owners and operators of motor vehicles for
hire, excluding drivers, shall register with the County Manager
or his designee. Registration 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.
SECTION BB~VBN TWELVE. MINIMUM VEHICLE STANDARDS.
A. It shall be unlawful for any person to operate or permit
the operation of a motor vehicle for hire, unless the following
minimum vehicle standards are complied with or exceeded:
(1) Interior rearview mirror and an exterior side view
mirror on driver's side.
(2) Speedometer, and taximeter if applicable, properly
installed, in good working order and exposed to the view of
both the driver and the passenger(s).
(3) Interior clean, sanitary, free from torn uphol-
stery or floor coverings and from damaged or broken seats.
(4) Doors hinges and latches in good mechanical
working order with all opening easily and closing securely.
(5) Vehicle structurally sound and mechanically
operable with a minimum of noise and vibration.
(6) The body, fenders, doors, trim and grill free from
holes, cracks, breaks and dents, and painted.
(7)
(8)
(9)
(10)
(including but not limited to slippery floors, sharp edges,
and unpadded interior dc~%~ead~c.~arances.)
:
Words Underlined are added~ Words 6~mek-Th~e~g~ are deleted
Vision unobstructed on all four '(4) sides.
Approved rate schedule prominently displayed.
Interior light which functi6ns properly.
Vehicles for Hire must be free of hazards
(11) Brakes, including emergency, must operate
effectively and be free of noise.
(12) Exhaust emission must be free of smoke from
excessive use of oil.
(13) Tires with no wear bars showing and free from
excessive wear and tear.
SECTION TW~BYB THIRTEEN. TAXICAB SERVICE STANDARDS. ·
A. All taxicab drivers shall accept any and all passengers
desiring service of the carrier regardless of short or long haul
destinations; no selection of passengers according to destination
shall be permitted at any time; and in accepting passengers, the
driver shall not discriminate on the grounds of race, color or
national origin or permit discrimination against persons or
groups in any manner. Drivers may refuse service to any person
who is under the influence of alcohol or a controlled substance
and is disorderly, or to any person who causes a driver to have a
reasonable apprehension of fear for his safety.
B. Taxicab drivers shall transport passenger~ to their
destination by the most direct available route from the place
where the passenger enters the cab, and no person shall be
admitted to a taxicab occupied by a passenger without the consent
of the passenger.
SECTION TH}RT~N FOURTEEN. DESIGNATION OF TAXICABS.
The designation of a vehicle as a taxi or taxicab, and the
name of the taxicab company are to be clearly displayed on the
cab, and in lettering, which is at least four (4) inches'in
height and is clearly visible to any and all customers. In
addition, the owner/operator shall post the schedule of fares and
charges in the taxicab and the schedule shall be clearly and
conspicuously visible to a passenger ....
SECTION Fe~RT~N FIFTEEN. SCHEDULE OF TAXICAB RATES AND CHARGES.
A. For purposes of rate regulation of taxicabs, the County
is hereby divided into Zones A, B, and C, which Zones are graph-
ically depicted on Exhibit I, attached hereto and incorporated
8
~ords Underl~ne~ are added~ ~ord~ ~ae~-~a§~ are deleted
herein by reference. A general description of said Zones is
included in Exhibit 1. Rates and charges by owners and operators
of vans, limousines, trolleys and buses shall be unregulated.
B. The following schedule of maximum Rates is hereby
established for Taxicabs operating in Zones A and B of Collier
County (See Exhibit I).
One dollar and seventy-five cents ($1.75) for the first
one-tenth (1/10) mile and twenty-five cents (25¢) for each
two-tenths (2/10) mile thereafter.
C. The following maximum charges are hereby established in
addition to the maximum Rates set forth in subsection (A) hereof=
1. Fifteen dollars ($15.00} per hour waiting time when
requested by the passenger after initial pickup.
Two dollars ($2.00) each for trunks and foot
lockers.
3. One dollar ($1.00) per person over one in each
party from pickup point to destination.
4. Twenty-five cents (25¢) for each bag of groceries
or other merchandise over two if loaded by driver.
5. Fifty cents {50¢) for each piece of luggage over
one.
6. Fifty cents (50¢) for each intermediate stop
requested by a passenger in route from pickup point to
destination.
7. One dollar {$1.00) for each bike or pet kennel.
D. A $5.00 maximum zone charge may be charged for any Fare
originating or terminating within Zone B (See Exhibit I). This
zone charge is in addition to the maximum Rates identified above
for Zones A and B.
E. Zone C (See Exhibit I} Rates shall be unregulated..
F. The Commission may, from time to t~me, require the
owners and operators of Taxicabs appear before the Public Vehicle
Board for the purpose of reviewing their said rates for
reasonableness. And said owners and operators may petition the
Public Vehicle Board for a review of their rates.
Words Underlined are added; Words St~ue~-~h~e~h are deleted
G. Any passenger of any taxicab may make demand for a
receipt showing his fare and such receipt shall be given by the
dri ~r, showing the number of the cab, the date and hour of the
delivery of the receipt and the amount of fare paid by the
passenger.
SECTION P~PT~N SIXTEEN. DAILY MANIFEST OR TRIP LOG REQUIRED.
Every taxicab owner or operator shall maintain a da~ly
manifest, otherwise known as a trip log, upon which he shall
promptly and legibly record the following information~ Name of
driver, vehicle number, year, month, date, the starting time,
91ace of origin and destination of each trip, the amount of fare
collected and the number of passengers, the total miles or units
accumulated during an operator's driving period. Ail such
completed manifests shall be returned to the owner of the
business by the operator at the conclusion of his tour of duty.
The forms for each manifest shall be furnished to the operator by
said owner and shall be of a design approved by the County.
Certificate holders and drivers shall not destroy, mutilate,
alter or otherwise deface said daily 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 three (3) years after the date of the
manifest.
SECTION S~T~N SEVENTEEN. CHAUFFEUR'S LICENSE REQUIRED FOR
DRIVERS.
Ail drivers of motor vehicles for hire shall hold a current
and valid chauffeur's license issued by the State of Florida in
said driver's name.
SECTION ~B¥~NTBBN EIGHTEEN.
CONSUMPTION OF ALCOHOL OR CONTROLLED
SUBSTANCES BY DRIVERS PROHIBITED
WHILE ON DUTY.
No driver of a motor vehicle for hire shall consume alCohol-
ic beverages or any controlled substances.of a~y kind or of any
amount whatsoever while on duty or while driving.
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Words Underlined are added; Words S~=~ek-Th~eH~h are deleted
SECTION B~GHT~N NINETEEN. UNLAWFUL TO OPERATE OR TO PERMIT
OPERATION OF A MOTOR VEHICLE FOR
HIRE IN VIOLATION OF ORDINANCE.
It shall be unlawful for any person to operate or to permit
operation of a motor vehicle for hire in violation of any of the
provisions of the Ordinance.
SECTION N~NBT~N TWENTY. APPLICABILITY 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 in intended, and shall be construed, as a direct
regulatory measure uniform in application throughout all Collier
County, Florida.
SECTION TWBNT¥ TWENTY-ONE. ORDINANCE NO. 83-50 REPEALED
Ordinance No. 83-50 which provided for the registration and
regulation of operators of motor vehicles for hire within Collier
County is hereby repealed.
SECTION TW~NT¥-SN~ TWENTY-TWO. PENALTIES
A violation of any section of this Ordinance, in addition to
being the grounds for suspension or revocation of motor vehicle
for hire certificate, shall be considered a misdemeanor and shall
be punishable by a fine not exceeding five hundred dollars
($500.00) and/or sixty (60) days in jail for each day of
violation. Each day of continued violation shall be considered a
separate and distinct offense. In addition, authority is hereby
given to Collier County as the Public Vehicle Board to seek civil
relief through temporary and/or permanent injunction action or
action for damages for any violations hereof.
SECTION TW~NT¥-TWe TWENTY-THREE., Emergenc~, nec!ared.
This Board does hereby declare that an emergency exists and
that immediate enactment of this Ordinance is necessary, and. by
no less than four-fifths (4/5ths) vote of the membership of the
Board does hereby waive notice of intent to consider this
Ordinance. 274
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SECTION ~WBN~¥-~HRRB TWENTY-FOUR. CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordJ 'ance of Collier County or other applicable law, the more
restrictive shall apply. 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
affect the validity of the remaining portion.
SECTION TWENTY-FIVE. EFFECTIVE DATE.
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable
by depositing the same' with the postal authorities of the
government of the United States for special delivery by certified
mail, postage prepaid, to the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this/~~'- day of-~~ , 1988.
ATTEST: BOARD OF COUNTY COMMISSIONERS
JAMES C. GILES, Clerk OF COLLIER COUNTY, FLORIDA
kpprove4~':as to form and
lega~ '~ufficiency:
Kenneth B. Cuylef
Assistant County Attorney
ARNOLD LER GLASS, Chairman
275 '
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Words Underlined are added; Words ~ek-~h~e~h are deleted
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 88-37
which was adopted by the Board of County Commissioners on the
19th day of April, 1988, during Regular Session, via
emergency procedure.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of April, 1988,
JAMES C. GILES
Clerk of Courts and cle~
o
Ex-officio tO Board ~.'.'~ '..~'~'
Count~missioners--...". ° '%
By: Virginia Magri
Deputy Clerk ~9~... ....... ,~