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Ordinance 2001-075 ORDINANCE NO. 2001 - 7.__~5 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AM CHAPTER 142 OF THE COLLIER COUNTY CODE OF LAWS ORDINANCES (ORDINANCE NO. 95-66, AS AMENDED) THE COLLIER COUNTY PUBLIC VEHICLE FOR HIRE ORDINANCE; AMENDING DEFINITIONS; ADDING PROVISIONS TO VEHICLE STANDARDS; REQUIRING ANNUAL VEHICLE FOR HIRE INSPECTION REPORTS; REQUIRING NOTICE TO STAFF WHEN A DRIVER'S LICENSE IS SUSPENDED OR REVOKED OR THE DRIVER COMMITS SPECIFIED CRIMES; ALLOWING SUB- CERTIFICATES; REQUIRING VEHICLE OPERATOR IDENTIFICATION CARDS; ELIMINATING THE GRACE PERIOD FOR ANNUAL RENEWAL OF CERTIFICATES; PROVIDING FOR CIVIL FINES OF $25 PER DAY FOR FAILURE TO COMPLY AS REQUIRED WITH WRITTEN NOTICE OF VIOLATIONS OF THIS ARTICLE AND/OR ORDINANCES INCORPORATED BY REFERENCE; PROVIDING FOR APPEALS TO THE PVAC; ADDING SPECIFICS TO DISCIPLINARY PROCEDURES AND OTHER PVAC HEARINGS; AUTHORIZING IMPOSING CIVIL FINES UP TO $25 PER DAY FOR VIOLATIONS; PROVIDING THAT THE ANNUAL CERTIFICATION SHALL NOT BE RENEWED IF ANY FINES, FEES OR CHARGES HAVE NOT THEN BEEN PAID N FULL; AUTHORIZING CODE ENFORCEMENT BOARDS TO ENFORCE THIS ORDINANCE IF THE COMPLAINT IS REFERRED BY THE PVAC OR PVAC STAFF TO THE CODE ENFORCEMENT BOARD (IN WHICH EVENT ALL BOARD AVAILABLE REMEDIES APPLY); PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WITH A DELAYED ENFORCEMENT DATE OF JANUARY 1, 2002. '- ~ WHEREAS, the PVAC has held several workshops to complete a ~0rough review of the current Public Vehicle for Hire Ordinance, including in[~Ut fro-n~ representatives of some businesses that are currently certificated by th~'PVAC~ and ~ WHEREAS, Staff and the Public Vehicle Advisory Board have recommi~dedCa comprehensive re-write of the now existing Public Vehicle for Hire Ordinance. Many of the proposed amendments are minor and non-substantive. The major proposed amendments areas follows: Exempting from the Ordinance (a) transportation services that (a) are provided pursuant to a contract with the Community Transportation Coordinator, or (b) are provided by another government or governmental agency, or (c) are provided by qualifying vehicles to transport the "transportation disadvantaged"; Also allowing that the membership of the five (5) member Public Vehicle Advisory Committee can be with 2 or 3 members who are not affiliated with the industry; Also providing that an excessive number of violations of this Ordinance can be grounds to remove a member of the PVAC who is affiliated with a regulated entity; Also clarifying that violations of the County's Sign Ordinance or Occupational License Tax Ordinance can be violations of this Ordinance provided the respective "other ordinance" violation can apply to a vehicle for hire or vehicle for site or facility; Also adding new requirements to the "Minimum Vehicle Standards"; Also requiring annual vehicle for hire inspections to be conducted by inspectors who have been qualified by the State; Also requiring that standard form vehicle operator's "identification cards" be issued by the County; Also requiring that staff Underlined text is added; q,r,,..~. ,~. ..... ............. ~h text is deleted. be notified whenever a taximeter is calibrated, re-calibrated or adjusted; Clarifying provisions related to the subcontracting of vehicles for hire; Raising the taxicab rate for each two-tenths of a mile after the first one-tenth of a mile from 35 cents to 40 cents so that this mileage rate will coincide with calibration limitations of taxi-meters; Also reducing the time for mandatory retention of daily manifests (trip logs) from three years to one; Also requiring that staff be notified in writing whenever a vehicle operator's license is suspended or revoked; Requiring that all vehicles for hire certificated under this Ordinance, including long-term and short-term subcontracted vehicles, must display the appropriate Collier County issued "decal"; Also requiring that each vehicle for hire business that is required to have a Collier County Occupational License must keep specified records at the occupationally licensed site; Also providing that each vehicle for hire business certificated under this Ordinance shall not operate as a vehicle for hire during any time that the required insurance is not in force; Also adding specifics to the disciplinary procedures and quasi-judicial hearings; Authorizing imposing civil fines up to $25 per day for violations of this Ordinance; Providing that annual certification shall not be reviewed if any fines, fees or charges have not then been paid; Providing that violations of this Ordinance can be referred by the PVAC or the PVAC staff for enforcement to the Code Enforcement Board; Providing a delayed effective date of December 3,1, 2001; and WHEREAS, The Board of County Commissioners accepts the recommendations of the Public Vehicle Advisory Board. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Chapter 142 of the Collier County Code of Laws and Ordinances (Ordinance No. 95-66, as amended) is hereby amended to read as follows: "ARTICLE I. IN GENERAL. Sec. 142.1 - 142.25. Reserved. ARTICLE II. TAXICABS AND CHARTER SERVICES. DIVISION I. GENERALLY. Sec. 142-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. "Applicant" means an individual, firm, corporation, partnership, company, association, joint venture, or any other type of organization enterprise applying Lo the County for a certificate to operate or other request. "Certificate" means a Collier County certificate to operate that grants written -~,,*~'~-~*,, authorization under this article t~ ~.. ......... · '-'- cw.-,cr to operate a motor vehicle for hire company within Collier County. "Charter Service" means any chauffeur-driven vehicle that is engaged in prearranged transportation and the rates for which transportation are based upon predetermined hourly, daily, weekly, monthly, or door to door price. Charter Underlined text is added; Text -*-,,,-u *~, .... ............. gh is deleted 2 service vehicles shall include, but not be limited to, the following four classifications: (1) "Sedan" means a four-door, full sized automobile capable of seating not more than that five passengers, exclusive of the driver. (2) "Limousine" means a luxurious, large passenger vehicle, built or modified for use as a luxury limousine (e.g., formal or extended limousine) (3) "Van" means a passenger vehicle recognized as either a minivan or full sized passenger van capable of seating not more than 14 passengers, exclusive of the driver. (4) "Handicap vehicle" means a vehicle designed, constructed, reconstructed, or operated for the transportation of persons with non-emergency conditions where no medical assistance is needed or anticipated in route; or for persons who are unable to comfortably use a standard means of conveyance; or for persons who cannot enter, occupy or exit a vehicle without extensive assistance; or where specialized equipment is used for wheelchair or stretcher service; and where the chauffeur serves as both a chauffeur and attendant to assist the door-to-door or bed-to-bed service. No emergency equipment other than a fire extinguisher and first aid kit may be carried. The use of the word "ambulance" may not be used and no representations may be made that any medical service is available. The word "non-emergency" must be prominently displayed on the outside of the vehicle. "Color scheme" means any distinctive combination of two or more vehicle for hire colors, including the letterinq and/or logo, that distin,quish the vehicles of one vehicle for hire business from another vehicle for hire business. "County Manager Ad,,'n. lnlstr~tor" includes staff designees of the County Manaqer A~tmif~:,trater except where the context logically prohibits such inclusion. "Driver" means any ~ individual prccentlng in actual possession of a County issued Identification card, and a valid driver's license (operator's permit) that authorizes all respective driving privileges) and who is then employed, or permitted by a certificate holder~ to drive or operate a permitted vehicle upon the streets of the County pursuant to this article. "Holder" means an individual, firm corporation, partnership, company, association, joint stock association, or other type of organizational enterprise to whom a certificate to operate has been issued. "Manager" means any person responsible for the day-to-day operation of the certificate holder. "Motor vehicle for hire" means any motorized, self-propelled vehicle engaged in the transportation of persons upon the streets on the County with the intent to receive compensation for providing such transportation and shall Underlined text is added; Text~., ...,.o,r. ,..~. ,~..,,,.._=,,~. is deleted 3 include, but not be limited to, the classifications: taxicab, and charter service vehicles, and non-emer.qency vehicles. "Owner" means any individual, firm, corporation, partnership, company, association, joint venture, or any other type of organization enterprise owning a ten percent or greater interest in an Applicant for a certificate to operate and/or a vehicle for hire company. "Pick-up" means whenever a passengedcustomer sits in a vehicle for hire for the purpose of being transported for a fee except successive picking-up of the same passenger during a continuous trip when the passenger departs the vehicle for a short time and the vehicle and driver wait at that location and the passenger returns and continues the trip. "Public Vehicle Advisory Committee" (PVAC) means the five~member ....... · committee ex~st~ng pursuant to this article. "Public Vehicle Board" means the Board of County Commissioners. "Scheduled" means the transportation of persons on pre-determined points of oriqin, destination, or schedule of service. "Sta~' means employees of the Code Enforcement Department who administer, enforce, regulate or interpret provision of this Article. "Subcontracted vehicles" means vehicles for hire not necessarily based in Collier County, that are leased to or operating under a subcontract with a company that has a Collier County occupational license and a certificate to operate from Collier County issued pursuant to this Article. "Taxicab" or "cab" or "taxi" means a motor vehicle, with at least four (4) doors, equipped with a top light, designed to accommodate not more than eight passengers, exclusive of the driver, operated for compensation at rates based upon the distance traveled and authorized by this article, recorded and indicated by a taximeter in operation when the vehicle is in use for transportation or any passenger or property, and the route or destination of which is controlled by the passenger th~r~J,-, or the individual who hired the taxicab for that trip. "Taximeter" means any approved internally mounted device with records and indicates a rate or fare to be char.qed to a passen.qer of a Vehicle for him measured by distance traveled, waiting/standing time, and other items of charge. All taximeters must comply with the then most current edition of the National .... au Institute of Standards and Technolo.qy, Handbook 44. c,,,,,.~, ..... ugh is deleted 4 Underlined text is added; Text ....... "Temporary vehicle permit" means a temporary vehicle permit issued to a subcontracted vehicle (or a short term rented or leased vehicle for hire) that is not otherwise certified as a vehicle for hire in the County. "Vehicle for hire business" comp~n~,' means any individual or entity holding a Collier County certificate to operate and which holds permits for one or more vehicles for hire, under one or more categories of vehicles for hire, and either provides leased vehicles to drivers to be used or operated as vehicles for hire or which operates a central dispatch for one or more vehicles for hire. "Vehicle decal" permi~ means a color-coded vehicle pem~ decal issued annually to the current certificate holder authorizing the holder to operate for hire the motor vehicle to which the vehicle pem~ decal is affixed. Ot~,e-v~,le-~m~ .................................................................... ~ .... ~nd u Sec. 142-27. Applicability. The provisions of this article shall be applicable to and effective in all now existing or future incorporated areas and in all unincorporated areas of the County. It shall be the duty of all County and municipal Code Enforcement Officers to enforce these provisions within the territorial areas of their respective jurisdictions. This division article is intended, and shall be construed, as a direct regulatory measure uniform in application throughout all the County. No certificate or permit issued pursuant to this article shall be construed as a grant to authorize the certificate or permit holder to en.qaqe in any business at any airport located on any County or municipal property or operated by the County or by any municipality. Nothin.q in this article shall affect any ordinance of any municipality. Sec. 142-28. Exemptions. The following cate.qor es of Vehicles for hire shall be exempt from all provisions of this Article: (a) Any owner or transportation provider which has been designated as the community transportation operator as defined in F.S. Section 427.011, Florida Statutes, or transportation services provided pursuant to contract with thn Community Transportation Coordinator ~o h~,,,,~, ....... * ~r,,,,, *h:~ -,~:.. . provided, however, that any such vehicle that is also used as a motor vehicle for hire other than exempted uses as specified herein shall require a certificate for such non-exempt use(s). Underlined text is added; Text struck through is deleted 5 ...... ,. ..................... e. Vehicles operated by a governmental agency; companies or organizations owning (or renting) vehicles that are used exclusively for transportation of the employees or members of said company or organization; ,,,-~-~,-, ..... *~ ......---,,, 4.! ................ ~ ............. pacccngcrs; Aisc ac~d transportation activities licensed by the Interstate Commerce Commission or any other government or agency of any qovernment so long as such vehicles are engaged solely in interstate commerce or other activities authorized by the respective license. (c) Discharge of passengers within Collier County picked up in another county is .... ~**~ ~. ......... d provided that the vehicle and operator were authorized to pick up the respective passenger(s) in the originating county and location of pick- up. (d) ~"~'+ "~"~ ........ ~ k ...... ~, ......Veh' ,--,~ ......... ~ .............. , or ...... IcJes operated under or pursuant to a franchise from the County. (e) Vehicles limited to providinq transportation services for the Transportation Disadvantaqed provided the vehicle is clearly and distinctly marked as a vehicle only for transportation of transportation disadvanta.qed persons and no emerqency equipment other than a fire extin.qu sher and first aid kit shall be carried. Neither the word "emerqency" nor any other word which may imply that emer.qency medical services are available shall be displayed or advertised. Sec. 142-29. Public Vehicle Board. A Public Vehicle Board shall consist of the Board of County Commissioners. The Board of County Commissioners, as the Public Vehicle Board, shall have the rights to license, regulate and control the rates and the total number of motor vehicles for hire operating on the streets from within the County. Sec. 142-30. Public Vehicle Advisory Committee. (a) The Public Vehicle Advisory Committee is heremafte~ referred to herein as the "PVAC.' (b) The PVAC shall consist of five members and one alternative member. Notwithstanding the provisions of Section 112.313, Florida Statutes, not less than two nor more than three members shall be holders of certificates of public convenience and necessity to operate a motor vehicle for hire business and not less than two nor more than three members shall be ~ individuals who are in no way affiliated or associated with any holder of a certificate of public convenience and necessity. Terms of office of members shall be for four year.,'. and shall be staq,qered. Memberships exceeding two full terms shall be approved in accordance with Ordinance No. 2001-55. Members of the PVAC shall be appointed by and serve at the pleasure of the Public Vehicle Board. All s~id members shall be permanent residents and electors of the County. Underlined text is added; Text o,r, ,,.~. ,~. .... ............. gh is deleted 6 Appointment of members of the PVAC shall be by resolution of the Public Vehicle Board, which resolution shall state the date of appointment and term of office. The alternate member shall vote only in the absence of a quorum ~ cc,-,filct cf i,",tc:est cr =Ssc.".c~ cf mcmScrc. All PVAC members shall attend all meetings whenever possible, and shall comply with the provisions of Ordinance No. 2001-55 for attendance requirements. A finding by the Public Vehicle Board of an excessive number of violations of this Article, or failure to promptly correct ~ violation or violations of this Article by a member or by a certificated entity associated with a member shall be grounds for removal of that member from the PVAC. (c) The County Manaqer A~m~qist-rate~ shall designate a member of his staff to serve as liaison and to coordinate with the PVAC. (d) The functions, powers and duties of the PVAC shall be to: (1) Review and approve applications for each certificate to operate, permit, etc., pursuant to this article. (2) Review and approve taxicab color schemes pursuant to this article. (3) Review and make recommendations to the Public Vehicle Board regarding issues related to the motor vehicle for hire business, including rates and charges. (4) Hold meetings at least quarterly if there is business to be conducted before said committee. (5) Conduct hearings as appropriate. (e) Officers of the PVAC shall be elected by maiority vote of the PVAC. Election of Officers should occur at the first meetinq following October I of th~, respective calendar year. There are no Officer term limits for the Chairman, Vice-Chairman, Secretary, or any other Officer of the PVAC. Sec. 142-31. Unlawful Operation of Vehicle for Hire. It shall be u,".!=';.'f, ul a violation of this article for any person to operate or to permit operation of a motor vehicle for hire in Collier County in violation of any provision(s) of this article. All vehicles for hire must also comply with all applicable provisions of all County Ordinances including the Sign Ordinance and the Occupational License Tax Ordinance, and must comply with all applicable Florida and federal statutes, which may be a violation thereof irrespective of whether the vehicle is then being operated as a vehicle for hire. Sec. 142-32. Minimum Vehicle Standards. (a) It shall be u.?';¥ful a violation of this article to operate or for any person or any vehicle for hire entity to permit the 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. Underlined text is added; Text struck thrcugh is deleted 7 (1) Speedometer, and taximeter if applicable, properly installed, in good working order and exposed to the view of both the driver and the passengers. The taximeter must be lighted at all times whenever a passenger is being transported for hire in the vehiele taxicab. Each taximeter shall be inspected, approved and sealed pursuant to Chapter 531, Florida Statutes, and/or all then applicable rules and re.qulations. No vehicle for hire other than a taxicab shall bi': equipped with or contain a taximeter, whether or not the meter is in operation (2) Interior must be clean, sanitary, free of from torn upholstery or torn floor coverings and free from damaged or broken seats. Seat covers shall be permanently attached or fixed to the seats of the vehicle, and have no exposed wire or sharp edges from metal, hardened vinyl, or otherwise. The rear seat must be of a type, size and mounting approved by the vehicle's manufacturer. No broken springs, sagging or horizontal slippage is allowed in any ~ seat. Floor covering material shall be secure and shall contain no rips or lose folds. The vehicle floor shall be free from rust and holes. (3) All doors must have operating handles that allow opening from both inside and outside. Handles, knobs and armrests must 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 be operating to seal water and ~ odors from entering the passenger compartment from outside. All door panels must be intact to prevent injuries on door and window mechanisms. (4) Vehicle must be structurally sound and mechanically operable with a minimum of noise and vibration, and must have an operational parkin.q brake and a primary brake system that 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 demonstrate a reasonable total braking force, when tested, usin.q the "quick stop method" with the vehicle for him operating as a speed of at least twenty (20) miles per hour. Brake lininqs and disk brakes, when measured at the thinnest point, shall not be less than one sixteenth (16th) of an inch. Brake lininqs and/or pads shall also be firmly attached to the brake shoe and/or disk coupler. Disk brake rotors and brake drums shall be of a size and type appropriate for the vehicle, with no brake cracks or other damaqe that chanqe or impair the functional surface. (5) The body, fenders, doors, trim and grill must be free from holes, cracks, breaks and dents which may endanger pedestrians or passengers. (6) For Taxicabs, a rate schedule in English and Arabic numerals prominently displayed as specified in Sec. 142-34(b). (7) Proper functioning interior light, headliner, dashboard, head rests, windows, Rear shift and windshield wipers. (8) Vehicle for hire must be free from hazards, including but not limited to, slippery floors, sharp edges, and unpadded interior door head clearances. No loose objects or externally mounted speakers shall be placed on the deck behind Underlined text is added; Text~.,_..,.o*r, ,,.~, ,~,...,w~,,~, is deleted 8 the rear seat. No decorations or other objects will be permitted to hang in ...... b.. a vehicle for hire. (9) Exhaust emissions must be free of smoke. There shall be no leakage of fuel at any point in the vehicle's exhaust system. The tailpipe shall discharge exhaust only from the rear of the v~hi~'l,~ ,-.r oUa~o .-.~ ~. ........... I ..... ..... ,- ........... No part of the exhaust system may pass through or leak into the vehicle. (10) Tires shall be of the correct size as approved by the vehicle's manufacturer, with no mismatched size tires on the vehicle. There shall be no cuts into the tire cord or sidewall area, or spots that expose the ply. No tire shall have less than 2/32 inches of tread remaining when measured in any two groves at three equally spaced intervals around the circumference of the tire. When the tire has tread wear indicators, no tire shall have indicators that contact the road in any two groves at three equally spaced intervals around the circumference of the tire. (11) Steering mechanism and directional signals must be maintained in operating condition. Steering mechanisms shall not be worn or jammed. There shall not be more than two inches play to the left or right of center measured at the steering wheel rim with the road wheels in a straight ahead position on wheels up to 18 inches in diameter, or three inches of play on wheels over 18 inches in diameter. (12) ,,~h~..~ ..... ~, ..... * "~ ....... ~"~ '~""~ .... '~ The windshield, side and rear windows must be operational, and be assembled with no breakage, cracks or pits that may impair visibility or hinder the safety of passengers No windows on any Vehicle for hire shall be composed of, or treated with, any material that would cause the vehicle to be in violation of Section 316,295, Florida Statutes. Except to the extent then required by law, no signa,qe or text shall be affixed to or displayed in any vehicle for hire vehicle window except a charter service vehicle. may display the vehicle identification number assigned by the County to thn vehicle. Subiect to applicable laws, rules and/or re.qulations, one e-mail addres~ of the vehicle for hire individual or entity may be displayed from the rear window or from one side window of each charter service vehicle or taxi provided .same i~ displayed horizontally, is level, is proportionally spaced, and the total horizontal dimensions thereof do not exceed five (5) inches in height. The number and ~ mail address displayed from the window shall not be stacked one over the other. (13) All vehicles for hire shall be equipped with properly operating horn, air conditioning and heating systems, head lights, turn signa s, factory installed brake lights and replacements, all tail lights includinq "in reverse" lights, and ;~ light s tuated to illuminate and make clearly legib e the rear license plate. (14) A' "~'~"~'~ ~"' ~; ...... * ....~ ..... ~*h .., ......~....~.~.. r'..,, ............................... r-,. .......... ~-~. .......... nty ................· ,w ~.~. ....... Vehicles that have been modified, such as stretch limousines, must meet all State and Federal Underlined text is added; Text ~ is deleted 9 standards that apply the vehicle. Seat belts must operate and be easily accessible to all passengers. Seat belts that are under the seat or between the lower and upper portions of the seat are not considered to be easily accessible. (15) Each certificate holder shall be responsible for ensuring that each vehicle for hire owned, operated, leased to, or otherwise controlled by it complies with this article, with other applicable County Ordinances, and with applicable state and federal laws, rules, regulations, and standards regarding motor vehicle safety equipment and devices. Every certificate holder shall cause every such vehicle fcr ~';-" "-'-* it ........... *-..- ~ .......... ,r.... ................ , .-~- ...................... I.. to be pass an inspection by an inspector employed by or under contract with a Florida licensed repair shop mspeeted at least once every six twelve (12) months to ensure that each such vehicle for hire complies with the minimum vehicle standards of this article and with applicable provisions of Chapter 316, Florida Statutes. The certificate holder shall maintain a permanent registry containing information on the identity of each vehicle for hire inspected, and a written document signed by the qualified inspector that includes the date of the inspection~ and the nature of any deficiencies or defects discovered, plus a PVAC approved standard form inspection list supplied by staff that lists the items that must pass inspection. The certificate holder shall acquire and retain written evidence of al._~l remedial actions and e~ services performed, and the name, address and telephone number of each the inspector, repairer and/or mechanic, plus the name, street address, local telephone number, and the Motor Vehicle Repair Registration Certificate number then issued by the Florida Department of A.qr cu ture and Consumer Services for that repair facility's specific location (pursuant to Chapter 559, Florida Statutes, as now or hereafter amended or renumbered, or any successor in function Statute, rule or re.qulat on) Each such permanent registry and inspection, deficiency and repair documentation shall be made available for inspection and/or copying by the County during the certificate holder's regular business hours. The ori.qina then most recent inspection form for the vehiclP. and papers that prove completion of repair of all items, if any, that failed the last vehicle inspection must be presented to staff prerequisite to acquiring that vehicle's initial certification or renewal thereof. A vehicle for hire which fails to meet the operating and safety requirements of this article, of Chapter 316, Florida Statutes, and/or 2nd any other applicable law, rule, and regulation shall not be operated in for the transportation of passengers for hire while such defect or deficiency exists. (b). All corrections or repairs required in order to comply with the minimum vehicle standards set forth herein shall be accomplished within 15 days from notification of the violation. Notification of any such violation by staff shall be in writing and be hand delivered or delivered by certified mail, return receipt requested, or by other lawful means of service. The date of receipt of the notice of violation shall commence the running of the fifteen .(.15) day period. The Underlined text is added; Text stcu.sk-lh~ is deleted 10 vehicle shall not be operated as a vehicle for hire until the failures are certified as havinq been corrected. Failure to correct any such violation within 15 days shall be a violation of this article. (c) Nothin.q in this Article shall be construed to effect any aspect of Chapter 316, Florida Statutes, includinq any traffic citation issued by any law enforcement officer, includin.q for unsafe operation of the vehicle or because thc~ vehicle is not properly equipped as referenced in Section 316.610, Florid;'~ Statutes, or otherwise. Sec. 142-33. Driver's Service Standards. (a) In accepting passengers, no vehicle for hire driver shall discriminate on the grounds of race, color, national origin, gender, religion, creed, politics, or affiliation with any group. Drivers may refuse service to any person who is disor + ......... derly or ..... ~ ~....von who causes the driver to have a reasonable apprehension of fear for his property or fcr hic the driver's safety. (b) No operator/driver shall refuse to accept any passenger desiring service because of shod or long haul destination. Drivers shall transport passengers to their destination by the most direct available route from the place where the passenger enters the vehicle for hire unless a different route is requested at the initiative of the passenger. No person shall be admitted to a vehicle for hire occupied by a passenger without the consent of the passenger. (c) Upon request, a receipt shall be given by the driver on conclusion of the trip, showing the name of the driver, vehicle number, year, month, and date, thee starting time, the place of origin and destination of the trip, the amount of fare collected, and the number of passengers, and the total miles or units accumulated during the trip. (d) Nc '~-~ .....~-'-, .....~.,,.-;,,.. ~ ........~... - .......................... u,-~ or '~ ...... '~ .....to ~ny p~sce,",gor. Any electrical device such as a radar detector/"fuzz buster," or police two-way or similar scanner, or two-way radio frequency monitor in prohibited within the vehicle for hire. (e) No driver shall operate any vehicle for hire whose vehicle permit or certificate has been suspended or revoked, and must clearly display (visible to ali passengers) a then valid and unexpired driver identification issued to that drive~ by the County. (f) No driver shall solicit any passenger in fe~ any hotel, lounge, nightclub, restaurant, bar, boardinghouse, or any other commercial establishment without expressed permission to do so from the management of the respectiw ~ entity. (g) Personal property left in any vehicle for hire shall be retained for ninety (90) days, after which the property may be considered to be abandoned if the notice requirements of Chapter 705, Florida Statutes, have been met. Underlined text is added; Text ....... *~. ..... ~ is deleted 11 (h) No certificate holder, permit holder or driver shall possess at its placn of business, dispatch operation, buildin.q, or in any vehicle for hire any devicn designed to be used for monitorinq any competitor's radio frequency. (i) No driver of a motor vehicle for hire shall consume any alcoholic beverage or any controlled substance, or be under the influence of any alcoholic beverage or controlled substance while on duty or while driving a vehicle for hire. (i) At all times when the vehicle for hire is being operating as a vehicle for hire, the driver thereof must display his/her Collier County issued Driver's Identification card so that the I.D. is clearly visible to passengers. The text of the ID Card must by in English and must include a color photograph of the driver, tho emboldened Card number assiqned to that driver from the County must be in emboldened text and must include a telephone number that can be called to contact the PVAC Staff, and must include "Receipt for cash payment available upon request" and "How was your service?" Additional details regarding the ID Card, such as its size, shape and text can be modified from time-to-time by resolution(s) adopted by the PVAC. No one except an authorized County employee shall in anyway alter any such County issued ID Card. Sec. 142-34. Designation of Vehicles for Hire; Subcontracting Vehicles fOr Hire (a) All taxicabs utilized by the respective certificate holder shall be painted in the color scheme approved by the PVAC. All changes in color scheme must comply with the procedures outlined in subsection 142-52(~)(7). The name of the certificate holder shall be clearly displayed on the car in lettering which is at least three inches in height and is clearly visible. The lettering must be permanently affixed to the vehicle. Magnetic signs are prohibited. All taxicabs must have a permanently mounted top light at least ten inches wide (wide side facing to the front) and four inches in height, mounted on the roof of the cab and illuminated with a tell-tale light indicating when the cab is occupied. The top light shall used only to indicate whether the vehicle is at that time available for vehic!c for hire business. (b) SCHEDULE OF FARES. The owner/operator shall post the then applicable schedule of fares and charges in the taxicab, which schedule shall be clearly and conspicuously visible to passengers. The words "rate," "rates," or "rates of fare" shall prccccd precede the rate statement, which shall be fully informative, self-explanatory, be readily understandable by the ordinary passenger, and be the same as that rate for which the taximeter is calibrated. The rate schedule shall be of a permanent character or be protected by suitable transparent protective cover material. If the PVAC adopts any standard form schedule(s), such schedule(s) must be displayed. (c) TAXIMETER. Each taxicab shall be equipped with a taximeter that meets all specifications, tolerances, and other technical requirements for taximeters required by the then most current version of Handbook H.44, National Underlined text is added; Text struck through is deleted 12 Institute Burccu of Standards and Technoloqy The face of every taximeter shall at all times be visible from the taxicab's passenger compartment and shall be illuminated so that passengers may ascertain the amount of the fare registered by the taximeter. The signal affixed to any taximeter shall never indicate that the taxicab is vacant when such taxicab is engaged by a passenger. No one shall operate any taxicab for hire unless its taximeter has been inspected and found to be accurate, in satisfactory operating condition, and sealed pursuant to ~v~'~"., ,~"'~'4",v, ,~ v...._.~*"*' '*'~" to applicable laws, rules and re.qu, at OhS. Each taxicab permit holder shall have the taximeter in good working condition and operating accurately. Such meters shall be sealed to prevent any person other than a person authorized under r.~.....+......,,..~...., v.._,~'~° ,c~'--;'~'-,..,,_.. ~.~....~..,~*"*"+"" then applicable laws, rules and regulations, and from changing the adjustment of same. It shall be a violation of this article to operate a taxicab when a taximeter does not accurately register the correct mileage rate. Evidence of breaking of an official taximeter seal shall be prima facie evidence that such taximeter has been tampered with does not accurately register the correct information miL-~m~=rate. Except when the taximeter is calibrated, recalibrated and/or if adjusted by a person employed by the County (or by a person employed by an entity under contract with the County to perform such services) the certificate holder shall deliver a copy of each such certification to staff not later than ten (10) workin.q days following the respective calibration, re-calibration and/or adiustment. (d) Charter Service Vehicles, Charter service vehicles shall not hereafter be painted in any color scheme ef that has then been authorized by the PVAC to any certificated or permitted taxicab(s). Sedan and limousine service type vehicles may display the certificate holder's trade name on only the front license plate of the vehicle and/or in ~-tecs an area not to exceed three 72 square inches in total area,.,~,,..~;'~"~'-~" ,.,~'- height and permanently affixed to the ~ ................ ~ ~-~-~ ........d the rear .......... bumper or other place on the rear of the vehicle, but not on any window, ~4.. ~**~.;....; .....;**~.~ ...... ............ ~ ,~ ~, .............. ~.......,"~o~o Charter service vehicles shall not place any type or form of light device on the roof or have such a light within the interior of the vehicle so as to possibly indicate that the vehicle is a taxi. ~-"-~, .'~;'-.- ~..-.;..,- * ...... ~...4. ....... (e) Subcontractinq Vehicles for Hire. Except for subcontractinq vehiclen for hire for short term special events, only vehicles for hire beinq operated under a Collier County certificate shall be subcontracted in Collier County. Except for short-term special event subcontractinq of vehicles for hire, all subcontracted vehicles for hire must be insured up to at least the minimum insurancn requirements by insurance coveraqe provided by of the vehicle for hire person or entity to which each such vehicle(s) for hire is/are subcontracted by (includin!'l leasinq to) the Collier County certificated Vehicle for Hire person or entity. Shod term special events mean those occasions that occur from infrequently froi¥~ Underlined. text is added; Text struck thrcugh is deleted 13 time-to-time, usually only once annually, when a person who, or entity that, i:; operating a vehicle for hire business pursuant to Collier County Certificate and requires temporary use of vehicles for hire because the fleet of the respectiw ~ certificate holder comprises too few vehicles to fully service the short te,n special event. Shod term special events include graduation ceremonies from schools, golf tournaments, or other like events of shod duration, usually less tha, seven consecutive days. Vehicles for hire that are subcontracted only for shod term special events may be certificated by a municipality or by another Floridn County, but the certification must be current and effective at the time of the. subcontracting of leasing. Vehicles that are subcontracted only for shod term special events shall be used except to provide services required by the. respective special event. Any vehicle subcontracted by, or leased to, a Vehicle for Hire Business certificated by Collier County for anything except short term special events must be independently certificated by Collier County. Sec. 142-35. Schedule of Rates and Charges. (a) Rates and charges of charter services and of taxicabs under contract to provide long-term services are not regulated except that other taxicab fares are regulated. No charter service vehicle operator shall transport, advertise, display, or otherwise offer to transport any passenger(s) under any rates except its regular charter service rates, which rates shall not be prorated, discounted, divided, or otherwise reduced so as to resemble or attempt to compete on a price basis with any taxicab rates. If a complaint is made to staff that any such violation has occurred, the re.qular charter service rates of the person or entity being invest gated for such alleqed violation shall upon request be promptly provided in writing to staff. There shall be no extra charge for handling luggage or baggage. (b) The following is the schedule of maximum rates for taxicabs operating in the County: (1) For the first one-tenth mile or fraction thereof ................ $2.15 (2) For each additional two-tenths mile or fraction thereof 0.35 0.40 (c) The following maximum charges are in addition to the maximum rates set forth in subsection (b) hereof: $24.00 maximum per hour standing/waiting time with a minimum rate and interval of time of not less than $0.20 per 30 seconds, not to exceed $0.40 in one minute in accordance with the time elapsed on the taximeter. (d) Rate Change Procedures. (1) The Public Vehicle Board may from time-to-time require the owners and operators of taxicabs to appear before the PVAC at a public hearing to review their rates for reasonableness. Owners and operators may petition the PVAC for a review of their rates. Underlined text is added; Text st~mok-thceugh is deleted 14 (2) Prior to a public hearing pursuant to this section and upon request from the Public Vehicle Board or from taxicab owners, the County Manager ~ may investigate and prepare a report concerning the then existing rates and char~les, includinq re.qulat on thereof by the PVAC The report shall consider all financial and operating reports that are submitted by operators to determine operating ratios, revenues, expenses, and potential impact of any proposed rate changes. For rate-making purposes, the County Mana(~er ~ will not consider any cost incurred in the acquisition of a license or political contributions. Costs to be considered will include vehicle operating, maintenance and repair expenses, salaries of drivers, dispatchers and supervisors, plus insurance costs, taxes, and administrative expenses. (3) The report from the County Mana.qer ~ shall be reviewed by the PVAC, which shall make a recommendation regarding rate matters ~j ........... to the Pubhc Vehicle Board. (4) The Public Vehicle Board sh311 should within 60 days after receipt of the staff and PVAC recommendations, schedule a public hearing concerning the proposed rate changes, at which hearing all interested parties shall have an opportunity to be heard. The Public Vehicle Board shall consider the staff report and recommendations, the PVAC's recommendation, and all evidence produced at the Board's hearing, and by resolution shall determine and set the appropriate rates as may be in the public interest. Appeals of the Public Vehicle Board's decision shall be to the Circuit Court of the 20th Judicial Circuit in and for Collier County in accordance with Florida Appellate Rules. Sec. 142-36. Daily Manifest or Trip Log Required. Every motor vehicle for hire owner or operator shall maintain a daily manifest (trip log) upon which the driver shall promptly and legible record the following information: name of the driver; vehicle number; year, month, and date; the starting time, place of origin and destination of each trip, the then applicable rates and charqes for that vehicle for hire, the amount of fare collected and the number of passengers of each trip during ....... *,--',- .... ~. ....... that driver's driving period. All completed manifests shall be returned to the owner of the business by the operator at the conclusion of his/her tour of duty. The forms for each manifest shall be furnished to the operator of said owner. No one shall sh'-!! not destroy, mutilate, alter or otherwise deface any daily manifest for at least #~ one ,,,~*~-,-, .......... ~-~- .................... ty A~lmic, i~q~. Said manifests shall be available for inspection and/or copying by the County ,~, ,-;,--, *~- ...... ,,,,, ...... ...... ~ ..... ~' ......... ~ .......................... ~- ...... s, for a period of not less than one year ...... , .... after the date of the respective manifest. Underlined text is added; TeYt ................ ~,, is deleted 15 Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Conviction of Specified Crimes after Driver Approval from the County ........ ds. (a) Each driver of a motor vehicle for hire must hold a current and valid e, emmer, sial driver's license (operator's permit) in said driver's name issued by the State of Florida. or ~- ....... ....r o,..,.. ,.~ ,~... I ~,.~*~,~ ~,..,..,. (!f *h.. ,~.~ ..... * ...... ~-;.-... ~... ~.~r.. ~ ..... ,~. ...... ,..,..~ The respective Florida driver's license must authorize all types of driving being conducted by the respective driver. A copy of each such driver's license must be maintained by the operator and, upon request from staff, must promptly be delivered to staff. (b) Before the respective driver operates any vehicle for hire in Collier County, each certificate holder shall be responsible for ensuring that each of his that certificate holder's drivers verifies every 12 months by providing Staff with an official copy of that individual's criminal record (or lack thereof) and a sworn affidavit delivered to the certificate holder and to County staff that such driver has not been found guilty or convicted, regardless of adjudication, of any of the following crimes within the then past three years: (1) Murder, manslaughter, armed robbery, assault with a deadly weapon, o_Lr aggravated assault; (2) Any crime involving the sale or possession of any controlled substance ~o ~;"'-'~ by oo~ n'~ =,...;,~.. ~,..,, (3) The Florida RICO Act, as amended, currently Sections 895.01 through 895.06, Florida Statutes. (4) Driving while intoxicated or under the influence of drugs or any other alcohol or drug related offense; (5) Vehicular manslaughter; (6) Reckless driving; (7) Exposure of the sexual organs and/or any crime ~ , pertaining to prostitution. .-,,, ................... that tho a then approved driver -- beer convicted of any of the aforesaid crimes, the certificate holder shall not permit the driver to operate any per-mit~ vehicle for hire ~ in Collier County. In the event that a driver's license is suspended or revoked, or driver is convicted of any of the above-listed offences, regard ess of adjudication, the certificate holder and the driver shall notify staff in writinq of the suspension, revocation or conviction immediately upon the driver or the certificate holder becominq aware of such conviction. The certificate holder shall maintain a permanent registry containing information on the identity of each driver permitted to operate a permitted vehicle under his the certificate holder's authority. Said permanent registry shall be available for inspection and/or copying by the County during the certificate holder's regular business hours. ' · Underlined text is added; Text -*r, ,'-~. *~- ..... ~- ............. ~,, is deleted 16 Sec. 142-38. Consumption of Alcohol or Controlled Substance by Drivers. No driver of a vehicle for hire shall consume any alcoholic beverage or any controlled substance or be under the influence of any alcoholic beverage or controlled substance while drivinq on duty. or whi!c driving. Sec. 142-39. Refusal of Passenger to Pay Legal Fare. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles governed by this article after having hired the vehicle. It shall be unlawful for any person to hire any vehicle for hire with the intent to defraud. Sec. 142-40. Advertising the Services by Collier County Certificate Holders It shall be a violation of this article for any person or entity that is required to have a certificate to operate in Collier County to advertise in Collier County a service that one is not then ~ certificated to provide in Collier County. All advertisements for such vehicles for hire services printed after July 31, 1994, in a telephone directory or newspaper distributed in the County shall include the applicable Collier County certificate number. Each certificate holder shall ensure that the applicable certificate number is provided to the publisher for inclusion within the text of each advertisement. There shall be no advertising in Collier County in any name except the name to which the certificate is issued by the PVAC. No advertisement in Collier County shall indicate the availability of any type of service(s) that will not be provided immediately in Collier County. Sec. 142-41. Use for Immoral Purposes. No person shall use, or permit any person to accompany or use, a vehicle for hire for the purpose of prostitution or lewdness or to transport or offer or agree to transport any person with knowledge or reasonable cause to believe that the purpose of such transporting is for the purpose of prostitution or lewdness. Sec. 142-42- 142.50. Reserved. DIVISION 2. CERTIFICATE AND PERMIT TO OPERATE. Sec. 142-51. Certificate and Decals Required; Sub-certificates. (a) No person shall operate or permit a motor vehicle owned, leased to, sub-contracted by, or otherwise controlled by him that person or entity to be operated as a motor vehicle for hire upon any street in the County without having first obtained a certificate to operate~_ and No vehicle for hire, includinq sub- contracted vehicle for hire, shall operate under any Collier County certificatn unless that vehicle is displayin.q h~v!,",g a current color coded vehicle permit decal permanently affixed to the left inside bottom corner of the windshield and on the left side of the rear bumper. All such decals except short term special event Underlined text is added; Text o,r, ,,.~, ,~, ..... ............. ~h is deleted 17 decals have a duration not to exceed one year. '- .......... ~,;,.~ ~,,r hiro v~. ........................ · ........... ~. ................... ,. All vehicle for hire, including subcontracted vehicles, must display the required decals, which decals must be removed from the vehicle by the driver or certificate holder immediately followinq suspension or expiration of the decal, or, if applicable, suspension or revocation of the operator's or the person's or entity's certificate. Vehicles subcontracted for short term special events may display a temporaq/ sticker, which shall be removed immediately following the termination of the short term special event. (b) Sub-certificates. If a certificated individual or entity, for any le,qitimat~ business reason(s), requests issuance of a sub-certificate from the PVAC, th~ PVAC may issue one (1) or more sub~certificates requested by the applicant as determined by the PVAC to be appropriate under the circumstances. The application fee and the renewal fee shall be one-half the then applicable fee for ~ full certificate. The applicant requesting a sub-certificate need not provide to staff any information that is required prerequisite to applying for a full certificate provided such information relevant to the application for a sub-certificate is then on file with staff and is correct and complete. No sub-certificate shall operate as a full certificate, nor add a vehicle to a certificate or otherwise perform a function that can be accomplished by amending the applicant's full certificate. A sub- certificate can be used to add one (1) trade name to the applicant's full certificate. Sub-certificates are a courtesy to the certificate holder whereby all decisions by the PVAC to grant or deny a sub-certificate are final. Suspension or termination of a full certificate shall automatically suspend or terminate every sub-certificate issued under the respective full certificate unless expressly decided otherwise by the PVAC for .qood cause in the specific case. The PVAC may from time-to-time enact Resolutions to adopt rules applicable to sub- certificates provided no such rule conflicts with this article. Throughout this article, references to a "certificate" shall include each related "sub-certificate" unless that construction would lead to an absurd result. Sec. 142-52. Application for Certificate to Operate. (a) An application for certificate shall be filed with the Public V~hiclo B~rd PVAC on forms provided by the County Manager Adminictr:tor. T-herewvilH;~a with-a nonrefundable application fee for each certificate. The prescribed fee shall be adopted by resolution of the Board of County Commissioners. The application fee form shall be verified under oath and shall furnish the following information: (1) If an individual, name and address of the applicant. (2) If a partnership, name and address of the applicant's business:names and addresses of all partners. Underlined text is added; Text ~*-, ,'-~ *~- ..... ~- ............. ~,, is deleted 18 (3) If a corporation: the exact corporate name and business address of the applicant's corporation, name and address of all directors and officers, Articles of Incorporation and all amendments thereto along with a certified copy of the Certificate of Incorporation....__,,,-, (4) The names and addresses of ~.., .... all persons or entities holding a ten percent or greater beneficial interest in the applicant's business or company. Failure to disclose such interest shall be grounds for the denial of the application of any applicant or revocation of any certificate. (5) Business telephone number and, if applicable, e-mail address .......'"'~'~"h .......... ~' .................... (6) The trade name under which the business will operate. The trade name under which the applicant intends to do business shall not be deceptively similar to the trade name of any other then current certificate holder or sub- certificate holder. Approval of the use of a trade name does not imply the use of said trade name is otherwise legally authorized. A separate certificate or sub- certificate is required for each trade name or fictitious name. No initi~! certificate or sub-certificate shall be issued to any business that has "taxi" or "cab" or "taxicab" in its name unless it will immediately be providing taxi services in Collier County. The precedinq sentence shall not apply to certificated entities that haw been grand-fathered prior to the effective date of this Article by having been issued proper certificates without the need to comply with said requirement. Each such grand-fathered entity must comply with this requirement to be eliqib n to be issued its certificate for 2004, or prerequisite to transfer its certificate, or permit prior to that time. Each person or entity planning to operate under fictitious name shall attach to the application a notarized copy of the newspaper notice published in accordance with Section 865.09, Florida Statutes. (7) The name, color scheme, and monogram or insignia to be used to designate the taxi or taxicabs of the applicant. An applicant for taxicab certification shall also submit ......... ...... I" .............................. ~ ....~1 a colored sketch and/or photograph of the vehicle color scheme, lettering, mono.qram and/or insi.qn a A colored sketch and/or photograph of the monograph of the monogram or insignia, lettering size with the color scheme of the lettering, vehicle color scheme, and top light design which shall conform to regulations issued by this article, o~,,,n _ - ........... ~- ......... d. The color scheme and monogram or insignia shall be unique and readily distinguishable from the color schemes and monograms or insignias previously approved for prior applicants. An, y changes to an approved color scheme, monogram, or insignia must be approved by the PVAC. (8) The experience of the applicant in the transportation of passengers in the form of a typewritten and signed experience statement. Underlined text is added; Text~., ..~,.-*-, ,,-~ *~-.,,, v..~,.~- is deleted 19 (9) The minimum and the maximum number of vehicles planned to be operated and controlled by the applicant and the location of proposed depot(s) and/or terminal(s). (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 Statutes. A separate certificate to operate is required for each fictitious name. (11) ~'-'-"'---'-* .... * ..... ~ · .~.~. ............. . .... do The required certificate of insurance or verification from an insurance company authorized to do business in Florida that the applicant is insurable and that an insurance policy meeting at least the minimum standards set forth in this article shall be issued if and when the application is approved. In each instance~..,~ *~-.,,~ .... -~-~-,,..-.,.., ,';""*;"" ,..;" cpprcvcd, submission of a certificate of insurance must precede the issuance of a vehicle permit. (12) A schedule of proposed fares, rates, and/e~ charges other than taxi metered rates (at the then applicable rates as specified pursuant to Article). (13) A current credit report compiled for the applicant by a nationally recognized credit agency, and if the applicant is a business entity in existence for less than one year, a current credit report for each owner compiled by a nationally recognized credit agency ; ..... ,~ .,.., ,..,~. m..,~ 90 ,~ .... ~-~,,~. *~..- ,~-.*.. (14) Two credit references including at least one bank or financial institution where the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such period is shorter than one year. If the applicant is a business entity in existence for less than one year, two credit references including at least one bank or financial institution where the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such period is shorter than one year. (15) A list of criminal convictions for which the applicant, owner, directors, officers and managers have been found guilty, regardless of adjudication, in Florida or any other state of the United States, indicating the offense, the date and the state. (16) The name of all managers. (17) Application must be accompanied by the required application fee. (b) On the filing of the application, said application shall be reviewed by the County Administcate~ mana,qer, including any necessary verification of statements within the application, for: (1) Completeness of the application and applicant's compliance with this article. Underlined text is added; Text ~ is deleted 20 (2) Consideration of the taxicab color scheme to preclude confusion by the riding public and to prevent infringement of a then current owr, cr's certificate holder's color scheme. Sec. 142-53. Issuance of the Certificate to Operate. (a) All applications for a certificate to operate must be reviewed and approved by the PVAC at a public meeting. The-publ~ Persons shall be imbed allowed to speak and provide relevant information regarding an Applicant's qualifications to provide transportation services. If the PVAC finds that after review of the application, public comment, if any, and relevant information, the Applicant is fit to provide transportation services and conforms to the provisions of this article, then the County Manaqer ~ shall issue a certificate t_o operate stating the name of the Applicant. If the PVAC determines that the Applicant is not fit to provide transportation services or does not comply with the requirements of this article, the application for a certificate shall be denied. The reasons for the denial shall be stated in writing to the Applicant, The applicant may appeal an adverse decision by the PVAC to the Public Vehicle Board for a review of the PVAC's denial to the applicant. After review of the application, the Public Vehicle Board may issue the certificate, or refuse to issue it, or may issue a certificate with such modifications, or conditions as the Public Vehicle Board may deem appropriate. ~'-*;'-'- of ........ '~ ""'+;~""*~ "~'"" bc '-,,~-"~-~-~ ........ ~1,-- ....................... ~, ......... O~u ~"~' .....; ..............~ ...... ~ ..... ~.~*;-.,- · *~. ,. *~... r' .... ,,, No certificate shall be issued to any person or to any applicant who has or whose owners, officers, directors or managers have been found guilty or have been convicted, regardless of adjudication, within the then past five (5) years of any of the following: any crime relating to the provision of transportation services, any crime which is designated as a felony, any crime involving the sale or possession of any controlled substances as defined by Section 893.03, Florida Statutes, called the Florida Rico Act;. also exposure of the sexual organs and eF any other crime under Chapter 796, 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 vehicle for hire business cr comp:ny which had a certificate revoked in the then past twelve (12) months. No certificate shall be issued to any Applicant whose credit report indicates facts and circumstances showing a failure to promptly pay '"-~-;'-~--.v,.,v,~ ~,--,~, ,,,,v ~'; .... ,..,-.~.~-*~'" bills related to vehicle for hire business. (b) An Applicant shall pay the required certificate fee within 30 days of the approval of the Application for a certificate pursuant to this Section. Failure to pay the required fee for the certificate shall be deemed *~--- as .... withdrawal of the Application ~ and will result in the revocation of the approval of the Application for the Certificate. Underlined text is added; Text ....... through is deleted 21 (c) Upon issuance of a certificate and as a requirement for maintaining a certificate in good standing, continuously maintain a ~ place of business in Collier County at all times that such vehicle for hire business in County has sufficient situs or presence in Collier County so as to be required by the Collier County License Tax Ordinance to have a Collier County occupational license a~ ~..~h~ .,,; .... ~.,~,.h~*~ !42 ~-,~°~ ~.~,. Irrespective of where occupationally licensed, each holder of a Collier County Cedificate shall continuously maintain a telephone number (at a local phone call rate) to enable potential customers from Collier County to call to obtain information and/or vehicle for hire sewice. (d). If the vehicle for hire business is required by the Collier County Occupational License Tax Ordinance to have a Collier County Occupational License for the site or location, all Collier County related vehicle for hire business records that are required by this A~icle and/or othe~ise by any law, rule or regulation, must be retained for the applicable retention period(s) at each such Collier County occupationally licensed site or location. Upon request from staff, all requested records, wherever maintained, shall be physically delivered to staff within seven (7) calendar days following receipt of the request for same, or such other longer or sho~er time period as deemed appropriate by staff in the specific instance. Failure to promptly deliver all such requested records to staff as requested shall be a separate violation of this Adicle. Each overdue day may be determined by staff to be a separate violation of this Article. (e)(~. Only o~e two vehicles for hire may be operated from a residence as a home occupation and that such vehicle(s) .shall may not come and go from the residences so that the trips exceed normal residential vehicle traffic. AI_J vehicle(s) for hire that are operated from the respective home occupationally licensed residence must be operated only by County approved operators whn then actually reside within that residence. (f).(e~ l.l, e,h.'~ll ,'~le,~. he. ih ........ :hilii,: ,,~ ...... Each certificate holder t~ shall notify the County Manager A~Jministr-at~ in writing within ten days of any change in the business address and/or telephone number, and shall take all actions, if any, required or authorized by the then applicable Collier County Occupational License Tax Ordinance. Sec. 142~54. Minimum Insurance Requirements. (a) The following insurance requirements are intended to be minimum and do not imply or represent the necessary amount of coverage for any vehicle or particular operator or driver of the respective vehicles for hire All certificate holders operating ~ a vehicle for hire shall have in full force and effect motor vehicle liability insurance for each taxicab owned by, leased to, or Underlined text is added; Text ............. ~h is deleted 22 otherwise controlled by operating company equal to or greater than $100,000 for bodily injury to any one person, $300,000 for injuries to more than one person which are sustained in the same accident, and $100,000 for property damage sustained on one accident. ^" ................................................................. · '.~S-' -'r2 ~ce ~. Said insurance shall be primary coverage that must inure to the benefit of any person who shall be injured or killed, or who shall sustain damage to property proximately caused by the negligence of the certificate holder, all drivers, and his al/masters, servants and agents. Nothing in this seet~ article shall be construed to waive applicable state or federal laws, if any, which then require a higher amount of minimum insurance coveraqe or other insurance requirements. If a County permitted vehicle for hire ceases to be covered by the full insurance specified in this article, the County permit for that vehicle shall immediately and automatically thereby become null and void and shall remain null and void unless and until the required insurance is a,qa n in full force and effect. Vehicle permits decommissioned 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 renewal permit fee is required, except where subsection 142-57(2) applies. Except for new certificates or sub- certificates, these insurance requirements shall become effective sixty (60) days after the effective date of this Article or as each certificate holder's or vehicle permit holder's policy comes up for its next renewal, whichever is later, but not later than 365 days of the effective date of this Article. (b) An original certificate of insurance shall be filed with staff the ..... ~- ................ ,- .......................,- ..................... on and shall have as an agent thereon an insurance company authorized to do such business in Florida. The certificate of insurance shall contain the names of all businesses under which the certificate to operate holder is doing business. The category of each motor vehicle for hire shall be specifically stated on the certificate of insurance. The certificate of insurance shall include a schedule of all vehicles covered. Said insurance policies must be issued for a minimum of one year and shall cover each vehicle in use in the County. Certificates of insurance must indicate that the Board of County Commissioners is named as ' ' an additional insured. Further, said insurance policies shall be endorsed to provide for a 30 day prior written notice ~ to staff the-eempliac~ee -~' ...................... ~- ........................ of any material change, including any reduction in the amount or scope of coveraqe, non renewal, termination, cancellation, or expiration. Underlined text is added; Text o*-,,,-~ +~, ..... ............. ~h is deleted 23 Sec. 142-55. Certificate Fees, Permit Fees and Conditions; Renewals. (a) No certificate shall be issued, continued in operation or renewed unless the holder thereof has paid an annual nonrefundable certificate fee for the privilege of engaging in the motor vehicle for hire business, presents to Staff a copy of a valid and active Collier County occupational license for each such site in Collier County that is then required by law to have an occupational license, and has paid in full all fines, fees and charges mposed directly or indirectly by this Article. The prescribed fee shall be adopted by resolution of the Board of County Commissioners. Said certificate shall be in effect from 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 vehicle or vehicles under his operation and/or control. The fee shall not be prorated for a fractional part of the year. ~" ~,,r ~,; .... ,,;~;,.~, ..... ~'~"~' ~-~ not ..... · ............................. C ,"U~ ...... :, O r expiration of the certificate cn March 1, a new certificate must be applied for pursuant to the procedures outlined in this Article. It shall be ,,'-~--,,'~ ........ ul a violation of this Article to operate any regulated service without a valid certificate that authorizes the respective services. Prior to the expiration of said certificate, the certificate holder must renew its certificate pursuant to the provisions of this article. If all provisions of this article are complied with, the County Manaqer Administcate~will reissue a certificate in compliance with this article. (b) Vehicle Permit. Before any motor vehicle shall be operated under any certificate, the certificate holder shall ~ apply for and receive from the County Manager ................. a vehicle permit. Each permit ap~ request shall be in writing and shall, by the applicable vehicle reqistration and/or other documentation, must contain the name and address of the certificate. holder, the make, type, year of manufacture, serial number, state license plate number, category of vehicle, approved taxicab color scheme if a taxicab, and seating capacity of each vehicle for which a the respective vehicle permit is desir~ applied for. Each vehicle shall comply with all terms as set forth at the time of certification. Prior to the issuance of the vehicle permit the following documents are required upon submission of -,.,. ......... each request for vehicle permit: (1) Proof of insurance in the form of an original certificate of insurance including a schedule of covered vehicles. (2) Proof of proper vehicle registration in any of the following forms: Underlined text is added; Text -'*-'"-~- *~' .... ............. gh is deleted 24 a. A valid copy of the state Florida Department of Highway Safety and Motor Vehicles registration certificate. The state vehicle registration certificate must classify the vehicle as a vehicle for hire commercial vehicle; b. A notarized state Florida Department of Highway Safety and Motor Vehicles notification of transfer or registration license plate transferring an existing license plate classified as a vehicle for hire; or c. If applicable, any commercial registration legally authorizing the vehicle to operate in Florida the-state, i.e., apportioned registration. (3) An affidavit signed by the certificate holder stating that the vehicle to be permitted meets the safety standards as required by this article. Said affidavit shall have been issued not more than 30 days prior to the issuance of the vehicle permit. Any vehicle that has failed to meet the standards set forth in this article must be removed from service until all safety standards v!c!atJc,-,.~ are complied with eer~er:,ted. (c) Each vehicle permit shall automatically expire on January 31 M~rch 1 of each year unless renewed upon payment of the prescribed fee, submittal of the above documentation and presentation of a valid occupational license for the permit year. If the applicant is required to have a Collier County occupational license (or licenses) pursuant to the Collier County Occupational License Tax Ordinance, such Collier County license(s) shall be presented to staff, otherwise a then active occupational license from one adjacent Florida County or from one, municipal corporation within an adjacent Florida County must be presented to staff. The prescribed fee shall be as established -..v~..~u by resolution of the Board of County Commissioners. It shall be a violation of this Article '.:',",l:';.'f,'J! to operate any vehicle for hire without a valid (unexpired) vehicle permit. (d) Vehicle decals ~ shall be color coded for each permitting year, February I to January 31. Each vehicle permit and decal shall be separately numbered. The vehicle decal f)ermit-shall be permanently affixed on each assigned vehicle's left inside bottom windshield glass corner and on he left hand side of the vehicle's rear bumper clearly visible when viewed from directly behind the vehicle. All vehicle decals except temporary decals for sub-contracted vehicles must be affixed to the vehicle for hire by staff. Vehicle decals f)ecmits shall be made of such material that after being affixed to the vehicle cannot be removed without being destroyed. Upon the sale or transfer of a vehicle or upon expiration of the permitted period, the certificate holder shall remove the vehicle decal ~ and thereby destroy s~mc the decal. The certificate holder shall be responsible for notifying the County ManaRer Admmis~at~: in writing within ten calendar days of any then currently valid vehicle decal 19em~ destroyed or removed from a vehicle. Vehicle permits shall be transferable only in the event of the replacement of an existing vehicle upon proof of purchase of new vehicle and discontinued vehicle for hire operation of the previously permitted vehicle. Each new vehicle must meet the requirements of this se~t~)R article prior to its Underlined text is added; Text -*-, ,'-~- *~- .... ............. gh is deleted 25 being operated as a vehicle for hire by the certificate holder. Shc'--'!d _ ~. ......... d (e) Subcontracted vehicles must obtain and display a tempora~ vehicle permit and tempora~ decal at a cost of $5.00 per day per vehicle. Securing such tempora~ vehicle permits and decals shall be the responsibility of the cedificate holder. Subcontracted vehicles and driver~ shall comply with all sections of this adicle except those that clearly apply only to applications for applications for issuance of original cedificates or renewals. (0 Applications for a vehicle permit for any vehicle not owned by the ce~ificate holder who is making application must be accompanied by a written vehicle lease agreement be~een the owner of the vehicle and the ce~ificate holder. The application must also include proof of insurance covering each leased vehicle. All vehicle lease agreements must be approved by the Code Enforcement Depadment before issuance of a vehicle permit. (g) Each taxicab shall be required to display a uniform and distinct color scheme on all permitted vehicles. All such schemes shall be subject to receive prior review and approval from the PVAC. No permit shall be granted to any ce~ificate holder to operate any taxicab covered by this adicle ..... lOg. (h) A~er a permit has been issued, neither the color scheme, name, trade name, monogram, insignia, levering, or ~ any other similar outwardly visible physical aspect of the vehicle .... ;;;~ ;- *~ ..... ~ .............. ~ ....... shall be altered or modified without approval of the County Manager ................. , including siRnaRe or advedisinq. Sec. 142-56. Transfer of Certificate or Permit Prohibited. No certificate or permit may be sold, assigned, otherwise transferred, mortgaged, or the ownership structure of a corporation or partnership which is the certificate holder altered in any manner without prior approval from the PVAC. Sale or transfer of stock of any corporate certificate holder resulting in a change of control of 25 percent or more shall be deemed a transfer of the certificate. Each unapproved transfer shall be immediately render the certificate null and void. Sec. 142-57. Suspension or Revocation of Certificate. (a) The certificate issued under this provision may be summarily suspended and the vehicle's decal be summarily removed by staff the-G~ Admmistcate~ if it is he determineds by staff that such suspension is required to Underlined text is added; Text o*-,,'-~' +~- .... ............. gh is deleted 26 protect the safety of any person(s) cr not !n effect, or there exists a violation of subsection (3), (4) or ~5). below. The certificate holder my in writing to staff request an expedited appeal to the PVAC of staffs suspension, and the PVAC shall hold an appeal hearing thereon as soon as practical. The PVAC may sustain, modify in whole or in part, or reverse staff's suspension. In all other instances the certificate issued under this provision of this article '~;,,~;-"- ......... may be revoked or suspended by the PVAC only after hearinq if the holder thereof has: (1) Violate_sd any other provision of this article; (2) Discontinues operations of a '--~'-~ .... cf -'"-- all vehicles for more than 30 days for unscheduled services, and seven days for regularly scheduled services; (3) Been convicted and found guilty, regardless of adjudication, of a crime listed in subsection 142-37(b) 47- or in subsection 142-53(a) 2- of this article; (4) Made false statements under oath, in the application, or in any other document required by, or submitted pursuant to, this article; or (5) Knowingly permitted any his vehicle for hire to be operated as a vehicle for hire in violation of any law or this article. (b) No certificate shall be revoked except after a public hearing by the PVAC. The certificate holder may appeal to the PVAC any suspension of its certificate, but shall not provide any vehicle for hire services in Collier County during the summary suspension period. A hearing before the PVAC on suspension or revocation shall take place at a regularly scheduled meeting or special meeting of the PVAC. After revocation of a certificate, no application for certificate submitted by an owner, officer or director of the certificate holder being revoked shall be accepted or considered for a period of 12 months from the date of the revocation. Sec. 142-58. Disciplinary Proceedings. (a) Each complaint of a violation of this Article, except pursuant to subsection 142.57(a), including any other County Ordinance referenced in thi~ Article, or although not referenced in this article, is independently applicable to the respective vehicle, individual and/or entity that is re.qu ated by this Article shall be made only to the PVAC staff or to the PVAC. Only the PVAC Staff or tho PVAC is authorized to refer such a complaint to the Code Enforcement Board. The PVAC Staff TI~. i'~ .... {-,, ^,-I,~i,~;,-~-r.~{..-., · · · .......... , ................. may ~mt~ate disciplinary proceedings by the PVAC or the Code Enforcement Board against a certificate holder driver, or other violator for violations of this article after receivinq a sworn written complaint or after witnessing the respective violation(s). Whenever possible, the alleged violator will be provided written notice of violation at least 10 days before= the proceedings w be addressed by ,,,;*~- *~ r,~,.,; ..... ~ ........................ the PVAC. Other Underlined text is added; Text ....... *~- ..... ~- ,,r,,,.~ ...... ~,, is deleted 27 procedures applicable to the Code Enforcement Board will apply to cases referred to the Code Enforcement Board. (b) Any person who believes that a certificate holder or driver has violated any provision of this article shall submit an oral or a written sworn complaint to the County Administrator Manager. The complaint . _ may be by letter. Each complaint, written or oral, must include the name, mailing address and telephone number of the complainant.. With assistance of staff, the complaining party sh~!! should attempt to specify with particularity which section(s) of this article, other applicable ordinances, he and/or other applicable rules or regulations that the complaining party believes have been violated by the certificate holder and/or driver, and the essential facts in support thereof. (c) Upon submission of a sworn written or oral complaint, or upon knowledge however obtained that raises staff reasonable suspicion that a violation has occurred or is occurring, the County Manager ................. may conduct a preliminary investigation and determine whether the facts as known ~ warrants-the filing ~ff formal charges or issuance of a written notice of violation to the alleged violator. If charges-ace such action is warranted, the County Manager ~ shall file a copy of staff's the complaint with the Chairman of the PVAC and shall send, by certified mail, return receipt requested, or by hand delivery or other then lawful means of service, a letter or other written notice of violation to the certificate holder and/or driver or other violator at his or her last known address as shown on Staff's ~ Vehie:,le~m~. If other than by the then applicable standard form notice of violation, the notice documentation shall encloseing a copy of the complaint indicating: (1) The name of the complainant; (2) The date(s) of the commission of the alleged offense; (3) The sections of this article or other ordinance, law, rule or regulation alleged to have been violated; (4) If the violation is curable, the minimum number of days after receipt of the notice that the violation(s) must be corrected and the deadline date when written proof of the cure must be delivered to staff. Failure to make all such corrections as required and failure to notify staff within the prescribed time period shall result in an automatic civil fine of twenty-five dollars ($25.00) per day of such failure(s) to correct. All then available Code Enforcement Board remedies, penalties and charqes shall apply if the respective case is referred t~ and enforced by the Code Enforcement Board. (5) If conduct or a condition must cease, the date that the unlawful conduct and/or unlawful condition must cease, and the last date that the violator must deliver proof to Staff of the date when the conduct and/or condition ceased. Failure to cease the conduct on or before the specified deadline date and failure to notify staff that the conduct ceased on or before the specified date(s) shall Underlined text is added; Text ....... through is deleted 28 separate violations of this article and shall result in a fine of twenty-five (:~25.00) dollars for each day after the due date for delivery of such proof to staff. (6) The last date that the violator must file with staff a written notice of appeal to the PVAC to contest the notice. Notice of appeal shall not toll the deadline for complying with the notice or paying the fines. If the violator does not promptly comply with the notice of violation and upon appeal the PVAC finds that failure to promptly comply was not justified, the fines shall continue to toll until thc violations are corrected and staff is delivered proof of the corrections. If the PVAC after hearinq finds no violation, the actions required by the notice need not b~. corrected and all fines based upon a "no violation" shall be promptly returned to the person or entity that paid those fines. (7). (4) The range of disciplinary sanctions which may be imposed upon the certificate holder, pursuant to this article, by the PVAC in the event the PVAC finds a violation of this article has occurred; and (8). (5). If applicable, the date, time and place at which the certificate holder sh311 may appear before the PVAC for a hearing regarding the complaint or notice of violation. The date of the scheduled hearing shall not be sooner than 20 days from the mailing date of the certified letter or other means of service. a. The notice of hearing required by this section may, in the alternative, be accomplished by hand delivery of said notice to the certificate holder by the County Administcater Manager, or by leaving said notice at the certificate holder's usual place of residence with some person of his family over 15 years of age (or with any person over the age of 15 years at the certificate holder's usual place of business) and informing such person of the contents of the notice, or by any other then lawful means of service b. Notice by Publication. As an alternative to providing notice as set forth above, at the option of the County ............... or Manager, notice may be furnished by publication as follows: (1.) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the County. The newspaper shall meet the requirements of Chapter 50, Florida Statutes. (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. c. Evidence that an attempt has been made to deliver or mail notice as provided in this subsection, together with proof of publication or posting, shall be sufficient to show that the notice of hearing requirements have been met whether or not the alleged violator received actual notice. d. Notice by Posting As an alternative to providinq notice as set forth above, at the option of the County Manaqer, notice may be furnished not °*"'"~ ...... ~,, is deleted 29 Underlined text is added; Text ....... *~- ..... ~- less than ten (10) days prior to the date of the hearinq by posting such written notice at the place of business or the residence of the alleged violator, or at the Collier Courthouse. Such notice shall be photographed and filed in the case file. _e. d~ Conduct of hearing: (1) A public hearing shall be held concerning the complaint. A__Q appeal hearinq based upon a notice of violation will be held only if requested in writinq by the alleged violator not later then the notice of appeal deadline date specified in the notice. (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 that party's his costs The County shall not be responsible for any failure of recording equipment or for any transcript other than its own for the County's own purposes. (3) Each case before the PVAC shall be presented by a member of the County staff. (4) Assuming proper notice of the hearing has been provided to the certificate holder by any means as provided in subsection (c) of this section, a the scheduled hearing may proceed in the absence of the certificate holder unless a continuance of the hearinq had been granted by staff, or is, at the hearinq, granted by the PVAC. (5) The PVAC shall proceed to hear the cases on the agenda that day. All testimony shall be under oath and shall be recorded. The PVAC shall hear testimony from staff, from the certificate holder alleged to be in violation of this article (if present), and from such other witnesses as may be called by the respective parties. (6) Formal rules of evidence shall not apply, but due process shall be accorded, Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type 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 the circuit courts 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 evidence would be admissible over objection in civil actions in Florida circuit courts. The rules of privilege shall be effective to the same extent that they are now or hereafter recognized by the Florida Rules of Civil Procedure. (7) Any member of the PVAC may question any witness before the PVAC. Each party to the proceedings shall have the right to call witnesses 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 that party. Underlined text is added; Text ....... *~- ..... ~' is deleted 30 (8) The chairperson, of in his absence, the vice-chairperson shall have all powers necessary to conduct the hearing in a full, fair and impartial manner and to preserve order and decorum. (9) At the conclusion of the hearing or not later than fifteen work days after the PVAC makes its final decision, the PVAC shall issue findings of fact based on the evidence of record, and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whichever Final Order is necessary and proper to dispose of the complaint in accordance with this article and applicable Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and related Order shall constitute the decision of the PVAC on the case heard before the PVAC. (10) The decision of the PVAC may be stated orally at the hearing, but shall be reduced to writing and mailed to the parties within 15 days after the final decision. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any other related Order shall be made by motion approved by a majority of the members of the PVAC who are present and voting. The decision of the PVAC shall be filed with the Clerk of the Board of County Commissioners promptly after said final decision is reduced to writing. (11) Should the PVAC be unable to issue a decision immediately following any hearing, the PVAC may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto between members of the PVAC ccm.mittcc shall take place only as a public meeting of the PVAC. The PVAC shall thereafter issue its decision pursuant to subsections (d)(9) and (d)(10) of this section. (12) The final decision of the PVAC may be appealed to the Board of County Commissioners if the appellant files the appeal with the Clerk to the Board of County Commissioners not later than thirty (30) days following the issuance of the PVAC's Final Order. The appellate must state fully all specified grounds for the appeal and provide to the Board of County Commissioners all portions of the PVAC hearing record. The PVAC may submit to the Board of County Commissioners other parts of the hearing record. The Board of County Commissioners shall consider only the record submitted to it in the appeal. (13) Non-payment of Fines, Fees and/or Charges. If an individual or entity has not then paid to the County in full all overdue fines, fees and/or charges required by this Article, or required by the Code Enforcement Board, or any other enforcement forum, as the case may be, Staff shall refuse to issue to that individual or entity any vehicle permit, any vehicle decal, or both, and shall refuse to renew the applied-for certificate(s). (14) Every violation of this Article, or of any ordinance incorporated herein by reference, or ordinance that is then independently applicable to any vehicle, individual, or entity, that is then re.qulated by this Article, may bn Underlined text is added; Text ctr','c~ thrcu.~h is deleted 31 enforced by the PVAC or the PVAC staff pursuant to Section 1-6 of the County's Code of Laws and Ordinances. See also Section 142-60, below. Sec. 142-59. Renewal of Cedificates. The County Manager ............... or shall attempt to notify all certificate holders in writing of the annual requirement to renew certificates to operate by mailing such notice by regular mail to the business address of the certificate holder as then shown on the records of the PVAC. Renewal registration of certificate to operate shall be under oath and shall include the name or owner, central place of business address, proof of insurance, and valid registration. Proof of the insurance of a vehicle for hire occupational license 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 then set forth in the County's 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 Di';is!cn Article.. Sec. 142-60. Judicial Penalties for Violations of Chapter 142. Section 1-6 of the Collier County Code of Ordinances is applicable throughout this Chapter 142 except there shall be no imprisonment for any violation of Chapter 142 except for contempt of Court. To assist in enforcement of this article, staff may request assistance from the Sheriff's Office and/or from the State Attorney's Office as staff deems appropriate in the specific instance. SECTION TWO. 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 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; Text **,,,,-u ............ ugh is deleted 32 SECTION FOUR. EFFECTIVE DATE; ENFORCEMENT DELAYED. This Ordinance shall become effective upon filing a certified copy with Florida's Department of State in Tallahassee, but shall not be enforced until January 1, 2002. PASSED AND DULY ADOPTED by the BI;~ard of County Commissioners of Colli~I~.C,o~, Florida this /// day of ~~ , 2001. A~ ,... , ,, _ BOARD OF COUN~ COUUl : ........,... , , SSIONERS g~t~.~,~c~ ~ COLLIER COUNTY, FLORIDA A ' Data, Clerk ~ James~Ca~er, Ph.D., Chairman sf~atere ~1~. Approved as to form and legal sufficiency I Fg~,~ . Thomas C. Palmer, Assistant County Attorney This ordinance filed with the Sec[L~tary of State's Office the J_2E day of and acknowledgement ,q~ that Underlined text is added; Text ............. u,, is deleted 33 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: the ORDINANCE NO. 2001-75 Which was adopted by the Board of County Commissioners on llTH day of December, 2001, during Regular Session. WITNESS my hand and the official County Commissioners of Collier County, of Deceraber, 2001. seal of the Board of Florida, this DWIGHT E. BROCK Clerk of COurt,~,,,~%~ Ex-officio County C om.~'~..~, a~i De U ¢~'~;~ 12th day %