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Ordinance 86-04 AN ORDINANCE RELATING TO LICENSING AND REGULATION OF MOTOR VEHICLES FOR HIREr WHICH INCLUDES BUT IS NOT LIMITED TO TROLLEYS, TAXICABS, LIMOUSINES, VANS::AND BUSES; PROVIDING DEFINITIONS; REQUIRING k~ERTIFICATE OF PUBLIC CONVENIENCE AND NECES-.~ ~'I.~ ESTABLIS.ING A PUBLIC VEHICLF. BOARD AND AN.~ ~ORY COMMITTEE; PROVIDING FOR APPLICATIONS~'. C CERTIFICATES AND ISSUANCE OF CERTIFICATES; : ~..~T!DING FOR MINIMUM INSURANCE REQUIREMENTS; ~P~0~.IDING FOR FEES FOR CERTIFICATES; PROHIBITING-~ ~SFER OF CERTIFICATES; PROVIDING FOR SUSPEN-~ ~S~ OR ~EVOCATION OF CERTIFICATES; PROVIDING FOR REGISTRATION OF · CERTIFICATES; PROVIDING FOR~ MINIMUM VEHICLE STANDARDS; PROVIDING FOR TAXICAB SERVICE STANDARDS; PROVIDING FOR DESIGNATION OF TAXICABS; PROVIDING A SCHEDULE OF TAXICAB RATES AND CHARGES; REQUIRING A DAILY MANIFEST OR TRIP LCG; REQUIRING A CHAUFFEUR'S LICENSE FOR DRIVERS; PROHIBITING CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY DRIVERS WHILE ON DUTY; PROVIDING THAT IT IS UNLAWFUL TO OPERATE OR TO PERHIT OPERATION OF A MOTOR VEHICLE FOR HIRE IN VIOLA- TION OF ORDINANCE; PROVIDING FOR APPLICABILITY OF ORDINANCE; REPEALING ORDINANCE NO. 83-50 WHICH PROVIDED FOR THE REGISTRATION AND REGULATION OF OPERATORS OF MOTOR VEHICLES FOR HIRE; PROV~DING PENALTIES; PROVIDING FOR CONFLICT AND SEVER- ABILITY~ AND PROVIDING AN EFFECTIVE DATE. ' WHEREAS, Florida Statutes Section' 125.01 (n) provides that .the g0ver~ing body of the county shall have the power to license regulate taxis, Jitneys, limousines for hire, rental cars, an~ other passenger vehicles for hire operating ~n the ~nincorporated' areas of the county; and, WHEREA~, it has been ~etermine~ that it is in the public health, safety, an~ welfare that Collier County license aha motor vehicles which transport passengers for hire~ NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA~ · ~ SECTION. ONE.. DEFINITIONS. the :. purposes ~. of this Ordinance, the ~'~ £o1Io~n, "~tor V~hicla for Hire" ~ans all vehicles or'machi.ea propelle~ by lX~war other khan muscular, which pick up passengers. withi~ Collier County and are used upon the streets to transport passengers for compensation including, but not l~mite~ 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 controll(~d by the passengers therein. (1) *Limousinew means any motor vehicle that is engaged for the exclusive use of the passenger, not equipped with a taxL~m~_-ter, which provides seating accommodations for not more than eight (8) passengers, exclusive of the driver, where the route or destination is controlled by the passenger, and the rates of which are based upon a pre-determined hourly or door to door price. (3} ~Van~ means a motor vehicle that is ~e~igned or engaged to transport not more than fourteen (14) passengers, exclusive of the driver, and the rates of which are based on a pre-determ/ned 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) STrolleyw means a motor vehicle that is designed or engaged to transport fifteen (15) or more passengers for compensation. B. fOwner' means an £ndividual, corporation, partnership, association, Joint venture, or any other type of org~nizational 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.. UPublic Vehicle Boardu means the Board of County Commis- sioners of Collier County, Florida. D. sCertificate~ 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 bu. ine,. ~n Collier County. 2 E. ~Holder~ means a person to whom a certificate of public convenience and necessity has been issued. SECTION TWO. CERTIFICATE OF PUBLIC CONVENI~fCE AND NECESSITY REQUIRED. It shall be unlawful for any person or owner to operate or to permit a motor vehicle owned or controlle~ by him to be operated as a motor vehicle for h~re upon the streets within Collier County without having first obtained a certifica..~e .of public convenience and necessity from the Public Vehicle Board. All 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 dace of adoption of this Ordinance, shall be entitled to receive a certificate of public convenience and necessity pursuant this ordinance, upon the filing of an application as pres~ribed by Section Four; except that no public hearing shall be required f.6~ issuance of certificate to such persons or owners. SECTION T~REE. PUBLIC VEHICLE BOARD AND A~fISORY 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 and n~mber 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 ho ~;ay af~iliated 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 Ad'~isory Committee shall review and make recommendations to the Public Vehicle Board regarding applications for a certificate pursuant to ~his Ordinance. The County Manager shall designate a member of his staff to serve as liaison and to coordinate with the Public Vehicle Advisory Committee.~i ~2~'"~ ~7 SECTION FOUR. 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. (2} The financial status of the applicant, including the amounts of all unpaid Judgments against the applicant an~..~ nature 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 th6 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 FIVE. ISSUANCE OF CERTIFICATE. If the Public Vehicle Board finds that further motor w~hicles for hire service in Collier County is required by the pt~lic convenience and necessity, and that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this ordinance and the rules prom- ulgated by the Public Vehicle Boakd, then the Public Vehicle Board shall issue a certificate stating th, nam~ and address"i~d' classification of the applicant, otherwise, the application shall be denied. In making the above findings, th~ Public Vehicle Board shall take into consideration the n,,mher 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, eaperience and responsibility of the applicant. SECTION SIX. MINIMUM INSURANCE REQUIREMENTS. All taxicab, limousine, van, trolley, and bus owners and o~erators shall comply with the minimum liability insurance requirements as set forth by the State of Florida. Said insur- ance shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximity caused by the negligence 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 ~st 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 SEVEN. 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 notor v~hicle for hire business. Said cert£ficate 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 con~rol. SECTION EIGHT. 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 NINE. 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 ~he p~o~isions of this ordinance, or (b} discontinued operations for more thai1 30 days, or (c) has violated any ordinances of the County of Collier, the laws of the United States or the State of Florida, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. Prior to suspension or ruvocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. SECTION TEN. REGISTRATION OF CERTIFICATE. Upon being granted a certificate to operate by the Public Vehicle Board, all owners and operators of ~.otor vehicles for hire, excluding drivers, shall register with the County Manager o~: his designee. Registration shall include the name of the o~ner, 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 ELEVEN. MINIMUM VEHICLE STANDARDS. A. It shall be unlawful for any person to operate or pe&mit 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 ~river'. side. ~0~ ~'~ ~ 6 (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 £1oor coverings and from damaged or broken seats. (4) Doors hinges and latches in good mechanical wor- king order with all opening easkly and closing securely. (5) Vehicle structura112 sound and mechanically op- erable 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) Vision unobstructed on all four (4) sides. (8) Approved 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 fl~s,'sh~rp edges, and unpadded interior door head clearances.) (11) Brakes, including emergency, must operate effec- tively and be free of noise. (12) Exhaust emission must be free of smoke from exces- sive use of oil. (13) Tires with no wear bars showing and free from excessive wear and tear. SECTION TWELVE. TAXICAB SERVICE STANDARDS. A. All taxicab drivers shall accept any and all passengers desiring service of the carrier regardless of short or long haul destinatione~ no selection of passengers according to destina=ion 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 s~bstanceo and is disorderly, or to any person who causes a driver to have a reasonable apprehension of fear for his safety. S. Taxicab drivers shall transport passengers to their aestination 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 THIRTEEN. DESIGNATION OF TAXICABS. The designation of a vehicle a~ a taxi or taxicab, and the name of the taxicab company are to be clearly displayed cab, and in lettering which is at least four (4) inches in height and is clearly visible to any and all customers. In addiuion, 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 FOUaTEEN. 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 ZoH~s are graph- ically depicted on. Exhibit I, attached hereto and incorporated 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 centu ($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 here~y 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. 2. 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. one. 5. Fifty cents (50¢) for each piece of luggage over 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 charg& may be charged for any Fare originating .or terminating within Zone S (See Exhibit I). '"tT~s' 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 time, require the owners and operators of Taxicabs appear before the Public Vehicle Board for the purpose of reviewing their sa id rates for reasonableness. And said owners and operators may.,petition the Public Vehicle Board for a review of their rates~ G. Any passenger of any taxicab may make demand for a receipt showing his fare and such receipt shall be given by the ~river, showing the n,,~her of the cab, the date and hour of the ~elivery of the receipt and the amount of fare paid by the passenger. SECTION FIFTEEN. DAILY MANIFEST OR TRIP LOG REQUIRED. Every taxicab owner or operator shall maintain a daily manifest, otherwise known as a trip log, upon which he shall promptly and legibly record the following information~ Name of driver, vehicle n:,mber, year, month, date, the starting time, place of origin and destination of each trip, the amount of fare collected and the number of passengers, the total males or units accumulated 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 his tour of duty. ~e forms for each manifest shall be furnished to the operator by. laid 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 coI~ing by the County during regular business hours for a peric~ of not less than three (3) years after the date of the SECTION SIXTEEN. CHAUFFEUR'S ~ICENSE REQUIRED FOR DRIVERS. All drivers of motor vehicles for hire shall hold a current and valid chauffeur's license issued by the State of Florida in said dr£ver~s name. · - SECTION SEVENTEEN. CONSUMPTION OF ALCOHOL OR CONTROLL~'~ 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 any kind or of any amount whatsoever while on duty or whiledriving. SECTION .EIGHTEEN. 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 NINETEEN. 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 nunic£pal law enforcement officers to enforce these provisions vith£n 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 TWENTy. ORDINANCE NO. 83-50 REPEALED · Ordinance No. 83-50 which provided for the registration and regulation of operators of motor vehicles for hire wi'2hin Collier County is hereby repealed. SECTION TWENTY-ONE. PENALTIES A violat~on 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 e f£ne 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 ~eparate 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 TWENTY-TWO. CONFLICT AND SEVERABILITY In the event this Ordinance' conflicts with any other ordinance of Collier County or other applicable law, restrictive shall apply. If any phrase or portion of this competent Jurisdiction, such ~rtion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portion. SECTION TWENTY-THREE. EFFECTIVE DATE. 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. ~' PA~SED AND DULY ADOPTED by the Board of County C°~issioners of Collier County, Florida, this 21s~ 'day of Januar~ , 1986. DATEDz-. Januar~ ~1, 1986 ~'S to form and Attorney BOARD OF COUNTY CCMMISSIONERS COLLIER COUNTY, FLORIDA HIGHWAY :.lAP 'COLLIER COUNTY ,. ZONE ~:~ ZONES A, "Zone A Lncludes a1 that area south of the center line of County Road 896 (Pine Ridge}, west of the center line of County Road 31 (Airport/Pulling Road) v and north of Gordon Pass. Zone B includes all that area to the south of the center line of County Road 846 (Immokalee Road), and west of Section 11, 14, 23 and the center line of State Road/County Road 951 including all of that area known as Marco Island. Zone C includes all that area not described in Zones A and B. E X H I B Z'T 'I' l, #IY.Y. IAM J. REAgAn, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original ~RDISAHCENO. 86-4 ~hich was adopted b~ the Board of County Comsissioners during Regular Session on the list day of January, 1986. #ITI{ESB my hand and the official seal of the Board County Commissioners of Collier County, Florida, this lTth day of JAI~UARY, 1986.