Ordinance 83-50ORDINANCE NO. ~3 - 50
AN ORDINANCE PROVIDING FOR THE REGISTRATION AND REGULATION OF
OPERATORS OF MOTOR VEHICLES FOR HIRE WITHIN COLLIER COUNTY;
PROVIDING FOR DEFINITIONS; REQUIRING A PERMIT AND WRITTEN
APPLICATION TO OPERATE A MOTOR VEHICLE FOR HIRE; PROVIDING FOR
APPEAL UPON A REFUSAL TO ISSUE A PERMIT; PROVIDING FOR
SUSPENSION AND REVOCATION OF PERMITS; PROVIDING FOR A PERMIT
FEE AND REQUIRING PHOTOGRAPHS OF APPLICANTS; REQUIRING DISPLAY
OF PERMITS AND PHOTOGRAPHS; PROVIDING FOR LIABILITY INSURANCE
REQUIREMENTS; PROVIDING A SCHEDULE OF RATES AND CHARGES;
REQUIRING METERS AND POSTING OF RATES IN TAXICABS AND FILING OF
RATE SCHEDULES; REQUIRING NUMBERING OF MOTOR VEHICLES FOR HIRE
AND REQUIRING IDENTIFICATION PAINTED ON TAXICABS AND VANS;
REQUIRING VEHICLE CERTIFICATES; REQUIRING MINIMUM VEHICLE
STANDARDS; PROHIBITING CONSUMPTION OF ALCOHOL ON DUTY;
REQUIRING TRIP LOGS; PROVIDING THAT IT iS UNLAWFUL TO OPERATE
IN VIOLATION OF THIS ORDINANCE; PROVIDING FOR PENALTIES;
PROVIDING FOR APPLICABILITY OF SECTIONS; PROVIDING FOR CONFLICT
AND SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA:
Section 1. DEFINITIONS.
For the purposes of this Ordinance, the following
definitions shall apply:
(a) "Applicant" means an individual, partnership,
association or corporation who applies for a
"Permit" pursuant to the terms of this
Ordinance. In the case of partnerships,
associations, and corporations, "applicant"
i shall also mean each individual with a
partnership interest, each associate and the
corporate officers and directors.
(b) "Compensation" means a return in money, property
or anything of value.
[c) "Commission" means the Board of County Commis-
sioners of Collier County, Florida.
(d) "County" means Collier County, Florida.
(e) "County Clerk" means Clerk of Collier County.
(f) "Fares" or "Rates" mean the charges established
pursuant to this Ordinance to be paid by passen-
gers as compensation for the transportation
services provided by an operator of a "Motor
Vehicle for Hire".
(g) "Fleet Management Department" means Collier
County's Fleet Management Office.
(h') "Motor % hicle for Hire" means all vehicles or
machines of fourteen (14) passenger capacity or
less, excluding the driver, propelled by power
other than muscular, used upon the streets to
transport passengers for compensation including,
but not limited to:
(1) "Taxicab" means a motor vehicle designed to
accommodate not more than IiX (6)
passengers, exclusive of the driver,
operated for compensation at rate8 pre-
scribed by resolution al authorized by this
Ordinance, recorded and indicated by a
taximeter in operation when the vehicle is
(k)
(m)
(n)
Section 2.
(a)
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 provides seating accommodations for
not more than eight (8) passengers, exclu-
sive of the driver, and where the route or
destination is controlled by the passenger.
C3)
"Van" means a motor vehicle that is
engaged to transport not more than
fourteen (14) passengers exclusive of
the driver and the rates of which are based
on a door to door price.
"Operator" means a person duly licensed as a
Chauffeur by the State of Florida and who holds
a permit to operate a Motor Vehicle for Hire
pursuant to the provisions of this Ordinance.
"Permit" means a certificate authorizing the
holder thereof to operate a motor vehicle for
hire within Collier County, Florida and issued
pursuant to the provisions of this Ordinance.
"Sheriff" means Sheriff of Collier County,
Florida.
"Street" means any public street, avenue, road,
boulevard, alley, lane, highway, sidewalk,
public park, viaduct or other places open to the
public located in Collier County and established
for the use of vehicles.
"Taximeter" means any device which ts internally
mounted in a taxicab and which records and
indicates a charge or fare measured by distance
traveled, waiting time or other traditionally
compensable activities or items of taxicab
service.
"Vehicle Certificate" means a certificate issued
to Operators of Motor Vehicles for }{ire which
have been inspected by the County and meet the
minimum safety standards provided by this
Ordinance.
PERMIT REQUIRED TO OPERATE MOTOR VEHICLE FOR
HIRE; WRITTEN APPLICATION.
It shall be unlawful for any person to operate
or drive any Motor Vehicle For Hire upon any
Street in the County without a current and valid
chauffeur's license and Operator's Permit.
Application for an Operator's Permit shall be
filed with the Board of County Commissioners or
its designee and shall be in writing and shall
be signed and sworn to. Except as otherwise
herein provided, the size and form of the Permit
and application shall be prescribed by the Board
of County Commissioners or its designee. Each
Permit shall expire on the let day of July of
each year and each Applicant must reapply.
Each Applicant for a Permit shall affirmatively
show as a minimum requirement for the Permit
that the Applicant~
Holds a current and valid chauffeur's license
issued by the State of Florida; and
(b) Is able to speak, read and write the English
language; and
(c)
Possesses the mental and emotional stability, as
well as the physical ability, to safely carry
out the duties inherent in operating a Motor
Vehicle For Hire.
No person shall be issued an Operator's Permit
who is addicted to the use of narcotics or
intoxicating liquors, who has pled nolo
contend.re, pled guilty, or been convicted of a
felony or of any criminal offense involving
moral turpitude or a crime involving the use of
deadly weapons or trafficking in narcotics
unless said person's civil rights have been
restored.
Section 3. REFUSAL TO ISSUE~ APPEAL.
Any Applicant denied an Operator's Permit shall
be provided with a written notice stating the
reasons for denial. Any Applicant refused an
Operator's Permit by the Board of County
Commissioners designee may appeal to the
Commission, which may reverse the
ruling of the designee on such application and
direct the issuance of a Permit. The notice of
denial from the designee shall state that the
Applicant has the right to appeal a denial to
the Commission. An appeal to the Commission
must be filed within thirty (30) days of the
date of the denial.
Section 4. SUSPENSION AND REVOCATION.
(a)
An Operator's Permit shall be subject to
suspension or revocation by the Commission upon
ten (10) days written notice and hearing before
the Commission, unless waived by the Operator,
when it shall appear that:
(1)
The Operator has failed to comply with or
has willfully violated any of the
provisions of this Ordinance; or the Permit
was obtained by an application in which any
material fact was omitted or falsely
stated; or the Operator has pled guilty or
nolo contenders to a felony, to any
criminal offense involving moral turpitude,
or to driving under the influence of
alcohol or narcotics, or has been convicted
of same; or
(2)
The public interest will best be served by
revocation or suspension, providing,
however, that good cause be shown.
(b)
An Operator's Permit shall be automatically
suspended for thirty (30) days when any Operator
has pled guilty or nolo contend.re to more than
two moving traffic law violations within a
twelve (12) month period or has been found
guilty of same.
(c)
Suspensions pursuant to this Section shall not
exceed six (6) months. Three or more
suspensions within any 12-month period shall
constitute grounds for revocation of the
Operator's Permit so suspended. The duration of
suspension shall be determined by the Board of
County Commissioners after notice of public
hearing as provided for herein.
Section 5. FEE; PHOTOGRAPHS OF APPLICANTS.
Section 6.
Section 7.
Section 8.
(a)
(a)
A fee of fifty dollars ($50) shall be
charged for the application for a Permit to
operate or drive a Motor Vehicle for Hire
in the County. A fee of ten dollars
shall be charged for the application for
renewal of a Permit to operate or drive a
Motor Vehicle for Hire in the County.
(b)
Ail Applicants for Permits to operate a
Motor Vehicle for Hire shall be required to
furnish two (2) prints of a photograph of
said operator, the size and kind to be
specified by the Board of County
Commissioners or its designee. One of such
photographic prints, with the signature of
the applicant affixed thereon, shall be
attached to the Permit when issued.
DISPLAY OF PE~IIT AND PHOTOGRAPH IN MOTOR
VEHICLE FOR HIRE.
(a)
The Permit required by Section 2 and the
photograph of the Operator with his or her
signature affixed, shall be displayed in a
conspicuous place in each Motor Vehicle for
]{ire driven by said operator so as to be
plainly visible and readable from the front
and back seat by day or night.
LIABIiITY INSURANCE REQUIRED.
(a)
~o Permit to operate a Motor Vehicle for
Hire shall be issued or continued in
operation in Collier County unless there is
in full force and effect automobile liabil-
ity insurance for each automobile 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 ir, the amount of
Twenty Thousand Dollars ($20,000.00) for
property damage sustained in one accident.
Said insurance shall inure to the benefit
of any person who shall be injured or who
shall sustain damage to the property
proximately caused by the negligence of the
Permit holder, his masters, servants or
agents. 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 1 year and cover each vehicle
throughout Collier County. Further, said
insurance policies shall be endorsed to
provide for thirty (30) days ~ctice by
registered mail to the County Clerk of any
material change, cancellation, or
expiration.
SCHEDULE OF RATES ESTABLISHED; ADDITIONAL
CHARGES~ REVIEW AND REVISION.
For purposes of rate regulation of Vehicles for
Hire, the County is hereby divided into Zones
A, B, and C, which Zones are graphically
depicted on Exhibit I, attached hereto and
incorporated herein by reference. A general
esGription of said Zones is included in Exhibit
, ~age z.
(c)
(d)
(e)
(f)
(g)
Section 9.
(a)
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 25/100 ($1.25) for the first
one-tenth (1/10) mile and ten cents (10¢}
for each one-tenth (1/10) mile thereafter.
The following maximum charges are hereby estab-
lished in addition to the maximum Rates set
forth in subsection (a) hereof:
(~)
Twelve Dollars ($12.00) per hour waiting
time when requested by the passenger after
initial pickup.
(2) Two Dollars ($2.00) each for trunks and
foot lockers.
(3)
Twenty-Five Cents (25¢) per person over one
in each party from pickup point to
destination.
(4)
Twenty-Five Cents (25¢) each bag of
groceries or other merchandise over two if
loaded by driver.
(5) Twenty-Five Cents (25¢) each piece of
luggage over one per passenger.
(6)
Twenty-Five Cents (25¢) each intermediate
stop for passenger en route from pickup
point to destination.
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.
Zone C (See Exhibit I) Rates shall be
unregulated.
Vans and Limousines providing reserved
specialized service are exempt from these Kates.
However, any Van providing service on an
unreserved basis and offering bulk or
door-to-door service shall not exceed $30.00 per
trip or $10.00 per person as a Fare, whichever
is greater.
The Commission may, from time to time, require
the owners and Operators of Taxicabs, Vans or
Limousines to appear before the Commission for
the purpose of reviewing their said rates for
reasonableness.
METERS~ FILINGf POSTING.
Every owner and Operator of a Taxicab in Zones A
and B of tl~' County (See Exhibit I) shall
install in uach cab owned or operated, a
certified calibrated Taximeter therein, to
determine the cost of taxi transportation within
Collier County. Every owner and/or Operator of
a taxicab within Zones A and B of the County
shall file a sworn copy of the schedule of Rates
on said meter and shall file the same with the
Board of County Commissioners or their designee.
Every owner and Operator of a Taxicab in the
County shall post in a conspicuous place in each
Taxicab a list or schedule of the Fares so as to
be plainly visible and readable from the front
and back seat by day or night.
Rate accuracy of Taximeters shall be checked
against a measured mile by the Board of County
Commissioners or its designee, during the one
safety inspection each year.
Section 10. MOTOR VEHICLES FOR HIRE TO BE NUMBERED~
IDENTIFICATION PAINTED ON TAXICABS AND VANS.
(a)
Every Motor Vehicle for Hire operating in the
County shall be assigned a number by the Board
of County Commissioners or its designee.
(b)
Every Taxicab and Van operating within the
County shall have painted or affixed on each
side thereof, in letters at least four (4)
inches in height and in colors contrasting to
the color of the auto or background on which
painted, the following identification:
(1) The name of the company or owner, and
(2)
The number assigned to such Taxicab or Van
by the Board of County Commissioners or
its designee.
Section 11. VEHICLE CERTIFICATE REQUIRED~ MIHIMUM VEHICLE
STANDARDS.
(a)
It shall be unlawful for anyone to operate or
drive any Motor Vehicle for Hire upon any street
in the County prior to securing a Vehicle
Certificate by meeting the following minimum
standards for safety and maintenance in Collier
County; these standards shall be enforced by the
Board of County Commissioners or its designee
through inspections of each Motor Vehicle for
}{ire at least once every twelve (12) months.
Said inspection to occur during November of each
year. A twenty five dollar ($25.00) inspection
fee shall be charged and collected for each
inspection of a Motor Vehicle for }lire. Any
Motor Vehicle for Hire which fails to meet the
minimum standards set forth below shall have
thirty (30) days in which to comply with such
standards without being charged another
inspection fee. Minimum standards for Motor
Vehicles for }{ire shall be as follows:
(1) Interior rearview mirror and an exterior
side view mirror on driver's side.
(2)
Speedometer 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
upholstery or floor coverings and from
damaged or broken seats.
(4)
Doors hinges and latches in good mechanical
working order with all doors opening easily
and closing securely.
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) Vision unobstructed on all four (4) sides.
(8) Permit and registration prominently dis-
played.
(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 unpadded interior
door head clearances.)
(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.
Section 12. CONSUMPTION OF ALCOHOL PROHIBITED WHILE ON
DUTY.
(a)
No Motor Vehicle for Hire Operator shall
consume alcoholic beverages of any kind or
of any amount whatsoever while on duty or
while driving; and violation of this
section by an Operator shall constitute
grounds for revocation of such Operator's
Permit.
Section 13. MANIFEST/TRIP LOG REQUIRED.
(a)
Every Motor Vehicle for Hire 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
number, year, month, date, the starting
time, placc 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. All 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
tot each manifest shall be furnished to the
Operator by said owner and shall be of a
design approved by the County. Permit
holders shall not destro}., 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 14. UNLAWFUL TO OPERATE IN VIOLATION OF THIS
ORDINANCE.
It shall be unlawful for any person to
operate a Motor Vehicle for Hire in
violation of any of the provisions of this
Ordinance.
Section 15. PENALTY FOR VIOLATION OF ORDINANCE
PROVISIONS.
A violation of any section of this
Ordinance, in addition to being grounds for
suspension or revocation of an Operator's
Permit, 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.
Section 16. APPLICABILITY OF SECTIONS.
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
peace 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.
Section 17. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with
any other ordinance of Collier County or
other applicable law, the more restrictive
shall apply. If any phrase or portion of
this Ordinance is held invalid or unconsti-
tutional by any court of competent Juris-
diction, such portion shall be deemed a
separate, distinct and independent pro-
vision and such holding shall not affect
the validity of the remaining portion.
Section 18. EFFECTIVE DATE.
This Ordinance shall become effective when
filed with the Secretary of State.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, this 8th day of November ,
1983.
DATE: November 8, 1983
9/30/83-JI1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B Y: /~/¢.,,~_~
Ma'ry-/rances Kruse/CtiAIRMAN
Approved as to form and
legal sufficiency
Burr L. Saunders
County Attorney
This ordinance filed with the Secretary of State's
Office the 16th day of November; 1983 and acknow~
ledgement of that filing received this 18th day
of November, 1983.
--OOuise Chesonis', Deputy clerk '
,oo 0i7 298
COUNTY
FLORII)A
EXHIBIT I, Page 2
ZONES A, B AND C ARE DEFINED AS FOLLOWS;
ZONE A:
Zone A includes all that area south of the center
line of County Road 896 (Pine Ridge), west of the
centerline of County Road 31 (Airport/Pulling Road),
and north of Gordon Pass.
ZONE
Zone B includea all that area to the north, south and
east of the boundary lines for Zone A and those areas
south of the northern county line and west of Section
11, 14, 23 and the center line of State Road/County
Road 951 including ali of that area known as Marco
Island.
ZONE C~
Zone C includes all that area not described in Zones
A and B.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM 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 of~
ORDINANCE NO. 83-50
which was adopted by the Board of County Commissioners during
Regular Session the Bth day of November 19R3.
WITNESS my hand and the official seal of the ~oard of
County Commissioners of Collier County, Florida, this 8th
day of November, 19R3.
WILLIAM J. REAGAN
Clerk of Courts a~d' Clerk ,',.
Ex-Officio to Board of
County Commissioners
V-t r g i ~'/~ Ma~r'i
Deput~ Clerk ., ,
017