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Agenda 06/14/2011 Item #16A 7 . . . 6/14/2011 Item 16,A,? EXECUTIVE SUMMARY Recommendation to adopt a Resolution amending the Collier County V ehicIe for Hire Administrative Policy Manual to allow lettering on the rear windshields, and allow logos, registered trademarks, and/or insignias on the rear bumpers, of charter service vehicles. OBJECTIVE: To have the Board of County Commissioners (Board) approve a resolution amending the Collier County Vehicle for Hire Administrative Policy Manual to allow lettering on the rear windshields, and allow logos, registered trademarks, and/or insignias on the rear bumpers, of charter service vehicles, CONSIDERATION: On May 26,2009, Item #16A4, in accordance with the Vehicle for Hire Ordinance, Ordinance 2009-27, the Vehicle for Hire Administrative Policy Manual was approved via Resolution of the Board, for the licensing and regulation of motor vehicles for hire in Collier County. On November 29, 2010, Vehicle for Hire regulatory staff hosted an industry forum, comprised of members from the charter service industry, and one representative each from the Consumer Advisory Board and the Code Enforcement Board, in part to hear a request from the industry to allow lettering on the rear windshields of charter service vehicles. The group recommended approval to allow lettering on the rear windshield, and forwarded their recommendation to the Consumer Advisory Board for a full public hearing, pursuant to Ordinance 2009~27, Section Three. The Consumer Advisory Board heard this matter on March 15,2011, and unanimously approved a motion to allow lettering on the rear windshield to display the company name or website, and allow logos, registered trademarks, and/or insignias on the rear bumper, for charter service vehicles, Staff recommends that a phone number also be pennitted to be displayed on the rear windshield, providing it meets the overall size and color requirements as defined in the changes below. This Executive Summary is a request to revise the language of the Vehicle for Hire Administrative Policy Manual, Version 1.1, Section 6(e) (Vehicle Color Scheme and Signage), dated November 10,2009, and adopted via Resolution 2009-281. The proposed change will allow Vehicle for Hire owners of charter service vehicles the ability to display their company name, website, and/or phone number across the base of the rear windshield in white, black, silver, or gold lettering, and allow them to display a registered trademark, logo and/or insignia to the rear bumper. The changes are as follows: Section Six (e) Charter service vehicles and other motor vehicles for hire, with the exception of taxicabs, may display the license holder's trade name eRly on the front license plate of the vehicle. The license holder may display their company name, website, and/or telephone number in an area not to exceed two (2) inches by thirty-six (36) inches pennanently affixed to the base of the rear window in white, black. silver, or gold lettering, Registered trademarks, logos. and/or insignias may be pennanently affixed only to the rear bumper in an area not to exceed seventv~ t\7"O (72) square inches in total area. These types of vehicles and'or in an area not to exceed Packet Page -909- 6/14/2011 Item 16,A.7. . seventy two (72) square inches in total area and permanently affixed to the rear bumper or other pluee on the rear of the '.'ehicle, but not on any windo\v, and shall not have any type or form of light device on the roof or have such a light within the exterior of the vehicle(s) so as to possibly indicate that the vehicle is a taxicab, Included with this Executive Summary are: Attachment "A" - Collier County Consumer Advisory Board Minutes, dated March 15, 2011, Attachment "B" - Strike~Through and Underline version of the GMD Collier County Vehicle for Hire Administrative Policy Ma11ual, Attachment "c" - the revised Public Vehicle for Hire Administrative Manual, and Attachment "D" - Resolution. FISCAL IMP ACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMP ACT: There are no growth management impacts. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and has been found legally sufficient. This item requires a majority vote for approval. (STW) RECOMMENDA TJON: To have the Board of County Commissioners (Board) approve a resolution amending the Collier County Vehicle for Hire Administrative Policy Manual to allow lettering on the rear windshields, and allow logos, registered trademarks, and/or insignias on the rear bumpers of charter service vehicles. . PREPARED BY: James French, Director of Operations & Regulatory Management, Growth Management Division, Planning & Regulation Attachments: 1) Attachment A - Minutes from the Consumer Advisory Board meeting of 3-15~ 2011 2) Attachment B - Strike Through and Underline version of the Public Vehicle for Hire Administrative Manual 3) Attachment C - The revised Public Vehicle for Hire Administrative Manual 4) Attachment D - Resolution . Packet Page -910- . . . 6/14/2011 Item 16.A,7. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7, Item Summary: Recommendation to consider approving a Resolution, amending the Collier County Vehicle for Hire Administrative Policy Manual, providing for the allowance of lettering on the rear windshields of the Charter Service Vehicles, Meeting Date: 6/14/2011 Prepared By Name: PuigJudy Title: Operations Analyst, CDES 5/11/2011 1 :24:17 PM Submitted by Title: Manager - CDES Operations, Operations & Regulatory Management Name: FrenchJames 5/11/2011 1:24:18 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date:5/24/201110:18:54AM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Date: 5/24/2011 10:28:07 AM Name: FederNorman Title: Administrator - Growth Management Div,TranspOltati Date: 5/24/2011 11 :09:01 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation PJalU1ing Date: 5/26/2011 1:45:57 PM Packet Page -911- . . . ~ 6/14/2011 Item 16.A.7. Name: KlatzkowJeff Title: County Attorney, Date: 5/27/2011 11:28:46 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 9:43:13 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 10:32:03 AM Packet Page -912- 6/14/2011 Item 16.A.7. March 15,2011 . MINUTES OF THE MEETING OF THE COLLIER COUNTY CONSUMER ADVISORY BOARD Naples, Florida, March 15,2010 LET IT BE REMEMBERED that the Collier County Consumer Advisory Board, having conducted business herein, met on this date at 2:00 PM in REGULAR SESSION in Conference Room #609-610, Collier County Growth Management DivisionIPlanning & Regulation, at 2800 North Horseshoe Drive, Naples, FlOlida, with the following Members present: . CHAIRMAN: Justin P. Caldarone (Excused) Victoria DiNardo John Kerns (Excused) Gary McNally John Mitchell . ALSO PRESENT: Michael Ossorio, Contractors' Licensing Supervisor Ken Kovensky, Senior Management and Budget Analyst Steve Williams, Assistant County Attorney Jamie French, Director - Operations & RegulatOlY Management, GMD 1 Packet Page -913- 6/14/2011 Item 16.A,7. March 15, 2011 Anyperson who decides to appeal a decision of this Board will need a record of the . proqeedings pertaining thereto, and therefore may need to ensure that a verbatim record of t*e proceedings is made, which record includes that testimony and evidence upon which the f1ppeal is to be based. I I. Call to Order and Roll Call: Michael Ossorio called the meeting to order at 2:04 PM and read the procedures to be followed to appeal a decision. He noted Chairman Caldarone and John Kerns were absent from the meeting and the previous Vice Chair had resigned, Assistant County Attorney Williams stated a member could serve as Acting Chairman for the meeting, or a permanent Vice Chair may be elected. Mr. Ossorio suggested the Committee elect John Mitchell as Vice Chair. II. III.: i IV.! V. · Gary McNally moved to approve electing John Mitchell to serve as Vice Chair of the Consumer AdvisOlY Board. Second by Victoria DiNardo. Carried unanimously, 3 - O. Vice Chairman Mitchell called the Roll and a quorum was established. Additions or Deletions: . A copy of the Consumer Advisory Board Administrative Policy was distributed to the members. . Approval of Agenda: Victoria DiNardo moved to approve the Agenda as submitted. Second by Gmy McNally. Carried unanimously, 3 - O. Approval of Minutes - October 19, 2010: Gmy McNally moved to approve the Minutes of the OctobeI'19, 2010 meeting as submitted. Second by Victoria DiNardo. Carried unanimously, 3 - O. Discussion: Michael Ossorio stated the meeting of the Industry Forum Task Force, which included a member from the CAB, Code Enforcement, and the vehicle-for-hire industry, was held. He stated the number of new companies has doubled (from 46 to 96). Vice Chairman Mitchell, who had been appointed to represent the CAB, stated a number of carriers were represented. I i VI. New Business: (A) Industry Forum-Lettering on rear windows Mr. Ossorio noted there was an issue with signage and referred the Committee to Paragraph (e) on Page 7 ofthe Administrative Policy Manual. Charter . 2 Packet Page -914- . . VIT. . 6/14/2011 Item 16,A.7, March 15, 2011 service companies have requested the ability to display company logos on the rear windows of their vehicles. Jamie French pointed out the previous Ordinance contained some language allowing display of a trademark, but was not specific concerning colors. He noted any recommendation from the CAB to amend the Policy Manual will be brought to the Board of County Commissioners for final approval. Testimony was taken from two representatives of the Industry, Tony Marino and Fitz Papps, who stated lettering across the rear window, right above the trunk panel, of no higher than 2-inches and no longer than 36-inches, would not obstruct the driver's view, They suggested using only white, black, silver, or gold as approved colors for the lettering, The space could be used to display a website or a telephone number. GalY McNally moved to approve amending the Administrative Policy Manual to permit lettering (2" x 36") to be displayed across the base of a vehicle's rear window in Q!l:f}. of four approved colors (i.e., white, black, gold, or silver), and onTy the company name or website may be displayed. Second by Victoria DiNardo. Carried unanimously, 3 - O. Jamie French will prepare an Executive Summary and submit it to the Board of County Commissioners at the last meeting in April or the first meeting in May. The Executive Summary will stipulate that logos, registered trademarks, and/or insignias will be permitted only on the vehicle's bumper. It will become effective upon the Board's approval. Old Business: (A) Stephen Condon - Request to be granted a VFH License Michael Ossorio refelTed the Board to Pages 3 and 4 of the October 19, 2010 minutes, He stated Stephen Condon re-applied for his driver's identification and paid the fee of$75.00. Mr. Condon also submitted his application for a VFH license. Mr. Condon stated he submitted letters of recommendation as previously requested, He noted he obtained a vehicle-for-hire permit from Lee County and presented a copy of the "Driver's Affidavit" submitted to Lee County and has the decals on his vehicle from Lee County. He stated he completed a 10-week counseling program, as ordered by the State Probation Department. Vice Chairman Mitchell requested that Mr. Condon also provide written proof of satisfactory completion of the program. Vice Chairman Mitchell moved that Stephen Condon is to provide proof of his satisfactOlY completion of a mental health counseling program from Jo 3 Packet Page -915- ,TTJir T .Lifa.. , IX.i i i 6/14/2011 Item 16.A.7, March 15,2011 Gordon of Counseling of SW Florida. Second by GaIY McNally. Carried unanimously, 3 - o. . Gary McNally asked why Mr. Condon did not produce a letter from his parole office attesting to his status, Mr. Gordon stated if his status was anything other than "satisfactory," he would be in jaiL Mr. Condon stated he is currently on probation and ifhis probation were to be violated, he would be sent to prison, The period of probation began on May 15, 2010 and will continue until 2015. Vice Chairman Mitchell stated although Mr. Condon has responded to the Board's questions, he still has concerns about Mr. Condon's past record, and whether or not to permit him to drive passengers to Miami or Ft. Lauderdale or other places within the State. Mr. Condon responded he was issued a travel permit which was approved by his probation officer, and he cannot leave the Collier County without obtaining permission from his parole officer. Vice Chairman Mitchell noted the Consumer Advisory Board's responsibility is to protect the public. While Lee County has re-instated Mr. Condon to drive unrestricted, he suggested imposing a probationary period of 30 to 60 days before granting final approval of his application. Michael Ossorio reminded the Board that a background check of all drivers . who have been issued VFH licenses is conducted on a yearly basis. Victoria DiNardo moved to approve Mr. Condon's application and grant a vehicle-for-hire operator's license to him. Second by Gary McNally. Motion carried, 2 - "Yes''l'l - "No." Vice Chairman Mitchell was opposed. :Michael Ossorio informed Mr. Condon his license will be issued as soon as he provides the proof requested by the Board. Public Hearings: (None) Reports: (None) , , x. i Next Meeting Date: To be determined Conference Room #609-610 Collier County Growth Management Division 2800 North Horseshoe Drive, Naples, FL 34104 . 4 Packet Page -916- . . . 6/14/2011 Item 16.A,7, March 15,2011 There being no further business for the good ofthe County, the meeting was adjourned by the order of the Vice Chair at 3:05 PM. COLLIER COUNTY CONSUMER ADVISORY BOARD John Mitchell, Vice Chairman The Minutes were approved by the Board/Chairman on as presented L-J, or as amended L-J. ,2011, 5 Packet Page -917- 6/14/2011 Item 16.A,7. . Collier County Vehicle for Hire Administrative Policy Manual . JUl1e 14, 2011 Version 1.2 . Packet Page -918- . . . 6/14/2011 Item 16,A.7, SECTION ONE: RULES FOR GENERAL APPLlCATION The subsequent rules listed are for the general application of issuing and regulating vehicle for hire licenses and are subject to changes and modifications, as permitted by law and as determined appropriate by the Collier County Board of County Commissioners. These rules are supplementary to the Collier County Public Vehicle for Hire Ordinance and shall not diminish any duty or responsibility required by the Ordinance. SECTION TWO: DEFINITIONS The following words, terms and phrases, when used in the article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.- "CAB" means the Consumer Advisory Board whose powers and duties are identified within the Collier County Public Vehicle for Hire Ordinance. "County Manager, or his/her designee" means county staff designees of the County Manager except where the context logically prohibits such inclusion. "Vehicle for hire license" means a written authorized certificate to operate a motor vehicle for hire company within Collier County, "Vehicle for hire operator" or "operator" means any individual in actual possession of a vehicle for hire and who is employed, or pelmitted by a vehicle for hire license holder, to drive or operate a vehicle for hire upon the streets ofthe County. "Vehicle for hire operator license" means a written authorized certificate to drive a motor vehicle for hire and who is employed, or pennitted by a vehicle for hire license holder, to drive or operate a vehicle for hire upon the streets of the County with the intent to transport passengers for a set or metered fee. SECTION THREE: EXEMPTIONS Exemptions contained herewith shall not be construed as a waiver of any state or federal regulation and/or requirement. a) The following classifications of vehicles for hire shall be exempt from all provisions ofthis article: 1. Any owner or transportation provider which has been designated as the cOlmnunity transportation operator as defined in Section 427,011 Florida Statutes, or transportation services provided pursuant to contract with the Community Transportation Coordinator, provided however that any such vehicle that is also used as a vehicle for hire other than exempted uses as specified herein shall require a certificate for such non exempt use(s). - 2- Packet Page -919- 6/14/2011 Item 16.A.7. 2. Any owner or transportation provider which has been designated as "intercity bus service" and/or "eligible bus carrier" as defmed in Section 341.031 Florida Statutes. $. Vehicles owned by companies whose primary occupation is not the transportation of passengers for a set or metered fee, but instead provide transportation to its customers who use that company's primary services, such as hospitals, hotels, resorts, travel agencies, cruise lines, realtors, automotive repair facilities, or the like. 4, Vehicles operated by government agencies or companies/organizations owning or renting vehicles that are used exclusively for the transportation of their guests, I members or employees. D. Vehicles that discharge passengers within Collier County that were picked up in another county; provided that the vehicle, operator, and/or driver were authorized to pick up the respective passenger(s) from the originating county and location of : pick up. I b) The following operators of vehicles for hire shall be exempt from the provisions of this article: ~. Vehicle for hire owners, employees of a vehicle for hire company, and/or vehicle repair/maintenance professional~ operating a vehicle for hire during a period of time when the vehicle is not being used to transport persons upon the streets of the county and/or operating a vehicle for hire with the intent that the owner, operator, and/or driver of the vehicle for hire will receive compensation of any kind for providing such transportation. 2. Vehicle for hire operator's who are employed by those exempt companies listed I within this section. . . i , SEQ:TION FOUR: VEHICLE FOR HIRE LICENSE a) pnless identified as an exempt driver, it shall be unlawful for any person to operate, pontrol, or drive a vehicle for hire on the public streets and roads in the County or tIispatched for hire on the public streets in the County, without first obtaining a ~ollier County vehicle for hire license. b) iAny person desiring a vehicle for hire license required by this article shall make ~pplication therefore to the County Manager, or his/her designee, upon application ronns to be provided by the County Manager, or his/her designee, which application ronn shall contain all infonnation and documentation required under any rules, regulations or procedures made or adopted in accordance with Collier County Public iVehicle for Hire Ordinance and Vehicle for Hire Administrative Manual. c) ~efore a vehicle for hire license shall be issued by the County Manager, or his/her designee, the operator(s) shall comply with the following requirements: II. Pay to the County all appropriate vehicle for hire licensing, pennit, and i application fees, as implemented via Resolution of the Board of County ; Commissioners (Board). j2. For each vehicle for hire license sought, a current certificate of liability and I property insurance from an insurance company authorized to do business in the State of Florida shall be provided to the County Manager, or his/her designee. . - 3 - Packet Page -920- 6/14/2011 Item 16.A.7. . 1. The policy of insurance evidenced by such certificate shall secure against loss sustained by reason of death or injury to persons and loss or damage to property in accordance with the Collier County Public Velucle for Hire Ordinance. 11. In the instances where one applicant submits applications for vehicle for hire licenses for more than one vehicle, the certificate of insurance may be in the form of a fleet policy covering all vehicles owned or operated by the applicant, which shall provide the same coverage as specified within the Collier County Public Vehicle for Hire Ordinance for each such vehicle, 111. The policy of insurance evidenced by such certificate shall provide that, in the event of cancellation thereof, written notice shall be provided to the County Manager, or his/her designee, at least ten (I 0) days prior to the effective date of any such cancellation. IV. For each vehicle which a vehicle for hire license is sought, a completed velucle standard safety form, as adopted by the CAB and provided by the County, shall be submitted to the County Manager, or his/her designee, indicating that such vehicle has passed inspection. d) Upon the satisfactory fulfillment of the requirements of this article and with the approval of the County Manager, or his/her designee, the County may issue a vehicle for hire license and a corresponding license number to the applicant. e) Once a velucle for hire license has been issued pursuant to this article, a vehicle identification decal shall be issued. The decal shall be permanently affixed to the left outside bottom comer of the rear window and on the right outside top windshield glass comer (driver's side) of the vehicle's front window. All vehicles for hire must display the required decals. 1. Decals must be removed from the vehicle by the operator immediately following the expiration, suspension, or revocation of the vehicle for hire license. 2. The vehicle for hire operator shall be responsible for notifying the County Manager, or his/her designee, in writing within seven (7) calendar days of any then currently valid vehicle decal destroyed or removed from a vehicle. f) All vehicle for hire license applicants and license holders working under a fictitious name shall provide proof that said fictitious name has been registered with the State of Florida. A separate license to operate is required for each fictitious name. g) Vehicle for lure licenses issued in accordance with the Collier County Public Vehicle for Hire Ordinance shall expire one (1) year upon issuance, unless previously canceled or revoked as provided herein, Every operator seeking to renew a vehicle for hire license shall request such renewal fi"om the County Manger or his/her designee, within fOlty five (45) days prior to the expiration of the existing vehicle for hire license. h) Prior to the renewal of a velucle for hire license, the operator shall meet all of the criteria outlined within the Collier County Public Vehicle for Hire Ordinance and Vehicle for Hire Administrative Manual. i) At no time shall a vehicle for hire operator or driver have more than two velucles for hire operating from a residence as a home occupation and such vehicle(s) shall 110t come and go fi"om the residence so that trips would exceed nonnal residential vehicle traffic as detennined by the Board. . . -4- Packet Page -921- 6/14/2011 Item 16.A.7. SEqTION FIVE: TEMPORARY VEHICLE LICENSE . a) yehicle for hire charter service companies, who are licensed to operate within Collier County, may apply for a temporary vehicle licensees) to bring in additional charter ~ervice vehicles from other Florida cities/counties, to provide services for short term $pecial events, such as graduation ceremonies, golf tournaments, fund raisers, or the like, b) All charter service vehicles operating in Collier County under a permanent or temporary vehicle license must meet all insurance and safety requirements, as defined -yvithin the Collier County Public Vehicle for Hire Ordinance and the Collier County Public Vehicle for Hire Administrative Policy Manual. c) f:ach charter service vehicle operating in Collier County under a temporary vehicle license must be licensed to operate as a public vehicle for hire business within their priginating Florida city/county. d) Each charter service vehicle operator, operating under a temporary vehicle license, must be licensed to operate a charter service vehicle for hire by the vehicle for hire ~ompany's originating Florida city/county or the operators Florida city/county of residence, where a criminal background search, or the like, was required and performed by that Florida city/county, prior to the issuance of the vehicle for hire pperator's license, e) V\,ll vehicle for hire operator's must be properly licensed to operate a vehicle for hire py the State of Florida. f)' No more than six (6) temporary vehicle license decals, per charter service vehicle, ~hall be issued within a twelve (12) month period. g) ~he cost of a temporary vehicle license decal and the length of term shall be ~etermined by the Collier County Community Development and Environmental I pervices Fee Schedule, as implemented via Resolution of the Board, ~. All appropriate fees shall be paid to the County before a temporary vehicle license 1 decal will be issued. ! . SE<tnON SIX: VEHICLE COLOR SCHEME AND SIGNAGE a) jAll charter service vehicles, taxicabs, and vehicles for hire shall be painted in the icolor scheme approved by the County Manager, or his/her designee. A colored jsketch and/or photograph of the vehicle's color scheme shall be supplied by the !charter service vehicle, taxicab, and/or vehicle for hire operator along with the :application for a vehicle for hire license. Any changes in color scheme must be !approved by the County Manager, or hislher designee. b) iThe color scheme of taxicab(s) shall be unique and easily distinguishable from the icolor schemes of previously approved taxicab applicants. c) iAll taxicab operators shall display the operator's company name and phone number Ion the taxicab for which the license was issued. Such name and phone number shall Ibe prominently displayed and painted or permanently affixed on the taxicab in jnumbers and letters not less than two (2) inches in height. d) :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 to the roof and illuminated i I i ! . -5- Packet Page -922- . . . 6/14/2011 Item 16.A.7. with a telltale light indicating when the taxicab is occupied. The top light shall be used to indicate whether the vehicle is at that time available for the vehicle for hire business. e) Charter service vehicles and other motor vehicles for hire, with the exception of taxicabs, may display the license holder's trade name on the front license plate of the vehicle. The license holder may display their company name, website, and/or telephone number in an area not to exceed two (2) inches by thirty-six (36) inches permanently affixed to the base of the rear window in white, black, silver, or gold lettering. Registered trademarks, logos, and/or insignias may be permanently affixed only to the rear bumper in an area not to exceed seventy-two (72) square inches in total area. These types of vehicles shall not have any type or form of light device on the roof or have such a light within the exterior of the vehicle(s) so as to possibly indicate that the vehicle is a taxicab. f) Total signage on vans utilized as a motor vehicle for hire, including handicapped vehicle vans, may cover up to thirty (30) percent of the vans frontal area, side areas, and rear area, to include the window areas. The vans front area, rear area, and side area thirty (30) percent maximum shall be calculated separately, Signage on the front area of a van may include the name of the vehicle for hire license holder's company name (which may be part of the van's logo). The text on the van's front signage, to include when it is part of a logo, shall not exceed four inches in height. Signqge on the rear area of a van may include the name, logo, and/or telephone number(s) ofthe vehicle for hire license holder's company name, and only the text (letters and/or numbers) on a van's rear area shall not exceed a height of six inches, but the logo may exceed such height, Signage on the side area(s) of a van may include the name, logo, email address, web site address, and/or telephone number(s) of the vehicle for hire license holder's company name. Neither the size of text nor any other signage on a side area of the van are limited except as to the maximum thirty (30) percent total side signage coverage area which includes the respective side window area(s). g) Vehicle signage shall be unique and easily distinguishable from the signage used by previously approved applicants. h) All signage, color schemes, and/or markings on charter service vehicles, taxicabs, and all other vehicles for hire, shall not contain any sexual content or offensive language. SECTION SEVEN: VEHICLE FOR HIRE OPERATOR'S LICENSE a) Unless identified as an exemption herewith, it shall be unlawful for any person to drive, or operate a vehicle for hire on the public streets and roads in the County without a valid vehicle for hire operator's license issued by the County, and driver's license issued by the State of Florida. The Florida driver's license must authorize all types of driving being conducted by the driver. b) Any person desiring a County issued vehicle for hire operator's license shall make application therefore to the County Manager, or his/her designee, upon application fonns to be provided by the County Manager, or his/her designee, which application fonn shall contain all infonnation and documentation required under any rules, regulations or procedures made or adopted in accordance with Collier County Public Vehicle for Hire Ordinance. - 6- Packet Page -923- 6/14/2011 Item 16.A.7. i , c) :f3efore a vehicle for hire operator's license shall be issued, the applicant shall pay to the County all appropriate vehicle for hire operator's license, permit, and application fees, as implemented via Resolution of the Board of County Commissioners (Board). d) tJpon the satisfactory fulfillment of the requirements of the Collier County Public ~ehicle for Hire Ordinance and with the approval of the County Manager, or his/her pesignee, the County may issue a vehicle for hire operator's license and a ~olTesponding license number to the applicant. e) yehicle for hire operator licenses shall expire after one (1) year upon issuance, unless previously canceled or revoked, as provided within the Collier County Public Vehicle for Hire Ordinance and/or Vehicle for Hire Administrative Manual. f) frior to the renewal of a vehicle for hire operator's license, the applicant shall meet all of the criteria outlined within the Collier County Public Vehicle for Hire Ordinance and Vehicle for Hire Administrative Manual. I I I SE~TION EIGHT: OPERATOR SERVICE STANDARDS I i a) ~n accepting passengers, no vehicle for hire operator shall discriminate on the grounds pf race color national origin gender religion creed politics or affiliation with any group. b) Operators may refuse service to any person who is disorderly or who causes the driver to have a reasonable apprehension of fear for his property or the driver's [safety . c) !No operator shall refuse to accept any passenger desiring service because of short or :long haul destination. d) iOperator's shall transport passengers to their destination by the most direct available I iroute from the place where the passenger enters the vehicle for hire unless a different route is requested at the initiative of the passenger. e) jNo person shall be admitted to a vehicle for hire occupied by a passenger without the !consent of the passenger. f) :Upon request, a receipt shall be given by the operator on conclusion of the trip, jindicating the name of the driver, vehicle number, year month and date, the starting itime, 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. g) !Any electrical device such as a radar detector, fuzz buster, police radio scalmer or !police two way radio, or the like within the vehicle for hire is prohibited at all times. h) iNo operator shall drive any vehicle for hire whose vehicle for hire license or vehicle Ifor hire operator's license is expired or has been cancelled, suspended, or revoked. i) iAt all times when the vehicle for hire is being operated as a vehicle for hire, the ioperator must clearly display and make readily available, a then valid vehicle for hire !operator identification card issued to that operator by the County. i 1. Taxi operators shall post their vehicle for hire operator identification card in a I location that is in plain sight and visible to all passengers within the vehicle for ! hire. 12. No one except the County Manager, or his/her designee, shall in any way alter I any such County issued vehicle for hire operator identification card. . . . - 7 - Packet Page -924- . . . 6/14/2011 Item 16,A.7, 3. Vehicle for hire operator identification cards shall expire one (1) year upon issuance, unless previously canceled or revoked, as provided within the Collier County Public Vehicle for Hire Ordinance and/or Vehicle for Hire Administrative Manual. j) No operator shall solicit any passenger in any commercial or residential establishment without express pennission to do so from the owner(s) or management of the respective establishment. k) Personal property "left in any vehicle for hire shall be retained for no less than ninety (90) days from the date the item(s) were found, and shall be safely held by the vehicle for hire license holder (owner/operator), after which time the property may be considered to be abandoned if the notice requirements of Chapter 705 Florida Statutes have been met. I) No vehicle for hire license holder or operator shall possess at its place of business, dispatch, operation building, or in any vehicle for hire, any device(s) designed to be used for monitoring a competitor's radio frequency. m) No operator 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 on duty or while driving a vehicle for hire. n) No operator shall knowingly transport any person to any place for the purpose of participation in any illegal activity. 0) No operator shall use abusive language, nor be discourteous to passengers, p) Vehicle for hire operators shall not smoke cigarettes, cigars, or a pipe while passengers are in a vehicle. q) Vehicle for hire operators shall ensure that the vehicle's luggage compartment (trunk) and the passenger compartment is free of any item or substance that will damage, stain or otherwise harm a passenger's luggage or possessions. r) Vehicle for hire operators shall not use a cell phone, other than in a hands-free mode, while operating a vehicle for hire while passengers are present in the vehicle and/or during anyon-duty trip while driving on all roads within the county. s) Vehicle for hire drivers shall operate the velucle's air conditioner at the request ofthe passenger, if not already operating. t) No operator shall use a vehicle for hire for the purpose of prostitution or lewdness or to offer or agree to transport any person with knowledge or reasonable cause to believe that the purpose of such transportation is for the purpose of prostitution or lewdness. SECTION NINE: REVOCATION OF VEHICLE FOR HIRE OPERATORS LICENSE a) The County Manager, or his/her designee, shall have full power and authority to revoke a vehicle for hire operator's license issued pursuant to the Collier County Public Vehicle for Hire Ordinance and/or Vehicle for Hire Administrative Manual if it shall be shown that the applicant obtained the license by fraud or deceit, or that the vehicle for hire operator has violated any of the provisions of the Collier County Public Vehicle for Hire Ordinance, Vehicle for Hire Administrative Manual, and/or - 8 - Packet Page -925- 6/14/2011 Item 16.A.7. ~tate statute relating to the vehicle for hire business or ability to legally operate a motor vehicle. i b) f..-ny operator of a vehicle for hire desiring to appeal the revocation of a vehicle for hire operator's license may petition for an appeal to the CAB within ten (10) days from the date of revocation, the CAB shall hear such petition for appeal witrun sixty I (60) days of submission of the appellate petition. Adverse decisions of the CAB may be appealed within ten (10) days to the Board; and the decision of the Board thereon ~hall be final. i . SECTION TEN: REVOCATION OF A VEHICLE FOR HIRE LICENSE a) lfhe County Manager, or his/her designee, shall have full power and authority to revoke a vehicle for hire license issued pursuant to the Collier County Public Vehicle for Hire Ordinance if it shall be shown that the applicant obtained the license by fraud pr deceit, or that the license holder(s) has been found guilty of violating the Collier ~ounty Public Vehicle for Hire Ordinance, Vehicle for Hire Administrative Manual, ~nd/or any other County ordinance, State statute, or federal law relating to the license holder(s) ability to legally operate a vehicle for hire business, b) ~pon the cancellation or lapse of any policy of insurance on any verucle for hire required by this ordinance, the vehicle for hire license issued for such vehicle for hire ~hall immediately be revoked unless the operator of the vehicle for hire shall have pbtained another policy of insurance containing all of the requirements of the original policy prior to the effective date of cancellation or lapse. c) !Any County Vehicle for Hire License holder desiring to appeal the revocation of a !vehicle for hire license may petition for appeal to the CAB within ten (10) days from the date of revocation. The CAB shall hear such petition for appeal within sb...1:y (60) ~ays of submission of the appellate petition. Adverse decisions of the CAB may be ~ppea1ed, within thirty (30) days, to the Board; the decision of the Board thereon shall be final. d) :Any vehicle for hire license issued in accordance with the Collier County Public iVehic1e for Hire Ordinance shall not be transferable. . SE<CTION ELEVEN: RATES OF FARE; RATE CARD REQUIRED. a) jThe Collier County Board of County Commissioners (Board) shall have the ability to iestablish via Resolution, maximum rates that may be charged by motor vehicles for !hire. The Board's establislunent of any maximum rate shall not prevent any vehicle !for hire license holder from charging a rate below the maximum rate established. b) ITaxicabs: ! 1. Every taxicab operated under this article shall have an applicable schedule of : fares and charges posted in a clear and visible place that is in view of all passengers. The words "rate," "rates," or "rates of fare" shall precede the rate statement, which shall be fully infonnative, self-explanatory, be readily understandable by the ordinary passenger, and be the same rate as the taximeter is calibrated. The rate schedule shall be of pennanent character or be protected by a laminated transparent protective type of cover. In the event that a maximum rate . - 9- Packet Page -926- 6/14/2011 Item 16,A.7, . is adopted, the maximum rates of fares shall be designated within the schedule of fares and charges. 2. The taximeter shall not be turned off during anyon-duty trip that commences in Collier County, does not go outside of the County's geographic boundaries, and ends in Collier County (including in a municipality). The rate charged for such trip shall not be greater than the amount shown on the taximeter. c) There shall be no extra charge for handling luggage or baggage. d) Upon the establishment or modification ofthe maximum rates that may be charged by taxicabs, charter service vehicles, and/or motor vehicles for hire, the County Manager, or his/her designee, shall notify cun-ent vehicle for hire license holders of the proposed change via U.S. mail no less than fifteen (15) days prior to the date the rates become effective. The maximum rates adopted by the Board shall apply to all vehicle for hire license holders, as indicated, operating within Collier County. e) It shall be a violation of this section, and grounds for suspension or revocation of the vehicle for hire license and/or a vehicle for hire operator's license, for a holder of either license to charge in excess of the maximum rate established by the Board. . . SECTION TWEL VB: SOLICITATION, ACCEPTANCE AND DISCHARGE OF PASSENGERS a) No driver of a vehicle for hire shall solicit passengers except when sitting in the driver's compartment of the motor vehicle for hire. The driver of any vehicle for hire shall remain in the driver's compartment or immediately adjacent to his or her vehicle at all times when the vehicle is upon county streets, except that, when necessary a driver may be absent from hislher vehicle for not more than thirty (30) consecutive minutes; and provided, fmiher, that nothing herein contained shall be held to prohibit any driver from assisting passengers and loading luggage and other items into or out of the vehicle. b) No driver of a vehicle for hire shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner atUlOY any person(s) or obstruct the movement of any person( s), or follow any person for the purpose of soliciting patronage. c) Vehicle for hire operators shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible, or, in the absence of a sidewalk, to the extreme right-hand side of the road, and there receive or discharge passengers, except upon one way streets, where passengers may be discharged at either the right or left-hand sidewalk, or side of the roadway in the absence of a sidewalk. d) Vehicle for hire operators shall not carry more passengers than the maximum seating capacity of his/her vehicle as stated by the manufacture ofthe vehicle, e) Vehic1e for hire operators shall not refuse or neglect to conUlmnicate with any orderly person or persons, upon request. f) It shall be a violation of this article for any vehicle for hire license holder or operator to use a motor vehicle for hire which he/she is operating as an instrument in cOlmnitting any act which is a violation of any local, state or federal law, - 10- Packet Page -927- 6/14/2011 Item 16.A.7. . Collier County Vehicle for Hire Administrative Policy Manual . June 14, 2011 Version 1.2 . Packet Page -928- . . . 6/14/2011 Item 16.A.7, SECTION ONE: RULES FOR GENERAL APPLICATION The subsequent rules listed are for the general application of issuing and regulating vehicle for hire licenses and are subject to changes and modifications, as permitted by law and as determined appropriate by the Collier County Board of County Commissioners. These rules are supplementary to the Collier County Public Vehicle for Hire Ordinance and shall not diminish any duty or responsibility required by the Ordinance. SECTION TWO: DEFINITIONS The following words, terms and phrases, when used in the article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, "CAB" means the Consumer Advisory Board whose powers and duties are identified within the Collier County Public Vehicle for Hire Ordinance. "County Manager, or his/her designee" means county staff designees of the County Manager except where the context logically prohibits such inclusion. "Vehicle for hire license" means a wIitten authorized certificate to operate a motor vehicle for hire company within Collier County. "Vehicle for hire operator" or "operator" means any individual in actual possession of a vehicle for hire and who is employed, or permitted by a vehicle for hire license holder, to drive or operate a vehicle for hire upon the streets of the County. "Vehicle for hire operator license" means a written authorized certificate to drive a motor vehicle for hire and who is employed, or pennitted by a vehicle for hire license holder, to drive or operate a vehicle for hire upon the streets of the County with the intent to transpOlt passengers for a set or metered fee. SECTION THREE: EXEMPTIONS Exemptions contained herewith shall not be construed as a waiver of any state or federal regulation and/or requirement. a) The following classifications of vehicles for hire shall be exempt from all provisions of this article: 1. Any owner or transportation provider which has been designated as the community transpOltation operator as defined in Section 427.011 Florida Statutes, or transportation services provided pursuant to contract with the Community Transportation Coordinator, provided however that any such vehicle that is also used as a vehicle for hire other than exempted uses as specified herein shall require a certificate for such non exempt use(s). - 2- Packet Page -929- 6/14/2011 Item 16.A,7. i ~, Any owner or transportation provider which has been designated as "intercity bus service" and/or "eligible bus carrier" as defined in Section 341.031 Florida Statutes. ~. Vehicles owned by companies whose primary occupation is not the transportation of passengers for a set or metered fee, but instead provide transportation to its customers who use that company's primary services, such as hospitals, hotels, resorts, travel agencies, cruise lines, realtors, automotive repair facilities, or the like. 4. Vehicles operated by government agencies or companies/organizations owning or renting vehicles that are used exclusively for the transportation of their guests, members or employees, o. Vehicles that discharge passengers within Collier County that were picked up in another county; provided that the vehicle, operator, and/or driver were authorized to pick up the respective passenger(s) from the originating county and location of pick up. b) trhe following operators of vehicles for hire shall be exempt from the provisions of this article: ;1. Vehicle for hire owners, employees of a vehicle for hire company, and/or vehicle : repair/maintenance professionals operating a vehicle for hire during a period of time when the vehicle is not being used to transport persons upon the streets of the county and/or operating a vehicle for hire with the intent that the owner, operator, and/or driver of the vehicle for hire will receive compensation of any I kind for providing such transportation, 12. Vehicle for hire operator's who are employed by those exempt companies listed within this section. . . SE~TION FOUR: VEHICLE FOR HIRE LICENSE i a) tunless identified as an exempt driver, it shall be unlawful for any person to operate, lcontrol, or drive a vehicle for hire on the public streets and roads in the County or :dispatched for hire on the public streets in the County, without first obtaining a iCollier County vehicle for hire license. b) !Any person desiring a vehicle for hire license required by this article shall make !application therefore to the County Manager, or his/her designee, upon application forms to be provided by the County Manager, or his/her designee, which application lfonn shall contain all infoTI11ation and documentation required under any rules, !regulations or procedures made or adopted in accordance with Collier County Public iVehicle for Hire Ordinance and Vehicle for Hire Administrative Manual. c) iBefore a vehicle for hire license shall be issued by the County Manager, or his/her Idesignee, the operator(s) shall comply with the following requirements: ! 1. Pay to the County all appropriate vehicle for hire licensing, pennit, and application fees, as implemented via Resolution of the Board of County Commissioners (Board). For each vehicle for hire license sought, a current certificate of liability and property insurance from an insurance company authorized to do business in the State of Florida shall be provided to the County Manager, or his/her designee. . - 3 - Packet Page -930- . . . 6/14/2011 Item 16.A.7. 1. The policy of insurance evidenced by such certificate shall secure against loss sustained by reason of death or injury to persons and loss or damage to property in accordance with the Collier County Public Vehicle for Hire Ordinance. 11. In the instances where one applicant submits applications for vehicle for hire licenses for more than one vehicle, the certificate of insurance may be in the fonn of a fleet policy covering all vehicles owned or operated by the applicant, which shall provide the same coverage as specified within the Collier County Public Vehicle for Hire Ordinance for each such vehicle. lll. The policy of insurance evidenced by such certificate shall provide that, in the event of cancellation thereof, written notice shall be provided to the County Manager, or his/her designee, at least ten (10) days prior to the effective date of any such cancellation. IV, For each vehicle which a vehicle for hire license is sought, a completed vehicle standard safety form, as adopted by the CAB and provided by the County, shall be submitted to the County Manager, or his/her designee, indicating that such vehicle has passed inspection. d) Upon the satisfactory fulfillment of the requirements of this article and with the approval of the County Manager, or his/her designee, the County may issue a vehicle for hire license and a corresponding license number to the applicant. e) Once a vehicle for hire license has been issued pursuant to this article, a vehicle identification decal shall be issued. The decal shall be pemlanently affixed to the left outside bottom comer of the rear window and on the right outside top windshield glass corner (driver's side) of the vehicle's front window. All vehicles for hire must display the required decals, 1. Decals must be removed from the vehicle by the operator immediately following the expiration, suspension, or revocation of the vehicle for hire license. 2. The vehicle for hire operator shall be responsible for notifying the County Manager, or his/her designee, in writing within seven (7) calendar days of any then currently valid vehicle decal destroyed or removed from a vehicle. f) All vehicle for hire license applicants and license holders working under a fictitious name shall provide proof that said fictitious name has been registered with the State of Florida. A separate license to operate is required for each fictitious name. g) Vehicle for hire licenses issued in accordance with the Collier County Public Vehicle for Hire Ordinance shall expire one (1) year upon issuance, unless previously canceled or revoked as provided herein. Every operator seeking to renew a vehicle for hire license shall request such renewal from the County Manger or his/her designee, within forty five (45) days prior to the expiration of the existing vehicle for hire license. h) Prior to the renewal of a vehicle for hire license, the operator shall meet all of the criteria outlined within the Collier County Public Vehicle for Hire Ordinance and Vehicle for Hire Administrative Manual. i) At no time shall a vehicle for hire operator or driver have more than two vehicles for hire operating from a residence as a home occupation and such vehicle(s) shall not come and go from the residence so that trips would exceed nonnal residential vehicle traffic as detennined by the Board. - 4- Packet Page -931- 6/14/2011 Item 16.A.7. I SECTION FIVE: TEMPORARY VEHICLE LICENSE . a) 'Vehicle for hire charter service companies, who are licensed to operate within Collier County, may apply for a temporary vehicle licensees) to bring in additional charter ~ervice vehicles from other Florida cities/counties, to provide services for short term $pecial events, such as graduation ceremonies, golf tournaments, fund raisers, or the 1ike. b) .f\ll charter service vehicles operating in Collier County under a permanent or temporary vehicle license must meet all insurance and safety requirements, as defined 1Nithin the Collier County Public Vehicle for Hire Ordinance and the Collier County 'Public Vehicle for Hire Administrative Policy Manual. c) 'Pach charter service vehicle operating in Collier County under a temporary vehicle license must be licensed to operate as a public vehicle for hire business within their priginating Florida city/county. d) 'Pach charter service vehicle operator, operating under a temporary vehicle license, hmst be licensed to operate a charter service vehicle for hire by the vehicle for hire company's originating Florida city/county or the operators FIOl;da city/county of residence, where a criminal background search, or the like, was required and perfonned by that Florida city/county, prior to the issuance of the vehicle for hire pperator's license. e) All vehicle for hire operator's must be properly licensed to operate a vehicle for hire by the State of Florida, f) No more than six (6) temporary vehicle license decals, per charter service vehicle, ~hall be issued within a twelve (12) month period. g) irhe cost of a temporary vehicle license decal and the length of term shall be I petenllined by the Collier County Community Development and Enviromnental Services Fee Schedule, as implemented via Resolution of the Board. ~. All appropriate fees shall be paid to the County before a temporary vehicle license ! decal will be issued. . SE<CTION SIX: VEHICLE COLOR SCHEME AND SIGNAGE a) !All charter service vehicles, taxicabs, and vehicles for hire shall be painted in the ~olor scheme approved by the County Manager, or his/her designee. A colored tsketch and/or photograph of the vehicle's color scheme shall be supplied by the ;charter service vehicle, taxicab, and/or vehicle for hire operator along with the !application for a vehicle for hire license. Any changes in color scheme must be !approved by the County Manager, or his/her designee. b) iThe color scheme of taxicab(s) shall be unique and easily distinguishable from the icolor schemes of previously approved taxicab applicants. c) !All taxicab operators shall display the operator's company name and phone number ion the taxicab for which the license was issued. Such name and phone number shall ibe prominently displayed and painted or permanently affixed on the taxicab in lnumbers and letters not less than two (2) inches in height. d) IAll taxicabs must have a penllanently mounted top light at least ten inches wide (wide iside facing to the front) and four inches in height, mounted to the roof and illuminated i . - 5 - Packet Page -932- . . . 6/14/2011 Item 16.A.7. with a telltale light indicating when the taxicab is occupied, The top light shall be used to indicate whether the vehicle is at that time available for the vehicle for hire business. e) Charter service vehicles and other motor vehicles for hire, with the exception of taxicabs, may display the license holder's trade name on the front license plate of the vehicle. The license holder may display their company name, website, and/or telephone number in an area not to exceed two (2) inches by thirty-six (36) inches permanently affixed to the base of the rear window in white, black, silver, or gold lettering, Registered trademarks, logos, and/or insignias may be permanently affixed only to the rear bumper in an area not to exceed seventy-two (72) square inches in total area. These types of vehicles shall not have any type or form of light device on the roof or have such a light within the exterior of the vehicle(s) so as to possibly indicate that the vehicle is a taxicab, f) Total signage on vans utilized as a motor vehicle for hire, including handicapped vehicle vans, may cover up to thirty (30) percent of the vans frontal area, side areas, and rear area, to include the window areas. The vans front area, rear area, and side area thirty (30) percent maximum shall be calculated separately. Signage on the front area of a van may include the name of the vehicle for hire license holder's company name (which may be part of the van's logo). The text on the van's front signage, to include when it is part of a logo, shall not exceed four inches in height. Signage on the rear area of a van may include the name, logo, and/or telephone number(s) of the vehicle for hire license holder's company name, and only the text (letters and/or numbers) on a van's rear area shall not exceed a height of six inches, but the logo may exceed such height. Signage on the side area(s) of a van may include the name, logo, email address, website address, and/or telephone number(s) of the vehicle for hire license holder's company name. Neither the size of text nor any other signage on a side area of the van are limited except as to the maximum thirty (30) percent total side signage coverage area which includes the respective side window area(s). g) Vehicle signage shall be unique and easily distinguishable from the signage used by previously approved applicants. h) All signage, color schemes, and/or markings on charter service vehicles, taxicabs, and all other vehicles for hire, shall not contain any sexual content or offensive language. SECTION SEVEN: VEHICLE FOR HIRE OPERATOR'S LICENSE a) Unless identified as an exemption herewith, it shall be unlawful for any person to drive, or operate a vehicle for hire on the public streets and roads in the County without a valid vehicle for hire operator's license issued by the County, and driver's license issued by the State of Florida. The Florida driver's license must authorize all types of driving being conducted by the driver. b) Any person desiIing a County issued vehicle for hire operator's license shall make application therefore to the County Manager, or his/her designee, upon application fonns to be provided by the County Manager, or his/her designee, which application fonn shall contain all information and documentation required under any rules, regulations or procedures made or adopted in accordance with Collier County Public Vehicle for Hire Ordinance. - 6- Packet Page -933- 6/14/2011 Item 16.A.7. c) Before a vehicle for hire operator's license shall be issued, the applicant shall pay to ~he County all appropriate vehicle for hire operator's license, permit, and application fees, as implemented via Resolution of the Board of County Commissioners (Board). d) t)pon the satisfactory fulfillment of the requirements of the Collier County Public Vehicle for Hire Ordinance and with the approval of the County Manager, or his/her qIesignee, the County may issue a vehicle for hire operator's license and a 9orresponding license number to the applicant. e) Vehicle for hire operator licenses shall expire after one (1) year upon issuance, unless previously canceled or revoked, as provided within the Collier County Public Vehicle for Hire Ordinance and/or Vehicle for Hire Administrative Manual. f) frior to the renewal of a vehicle for hire operator's license, the applicant shall meet ~ll of the criteria outlined within the Collier County Public Vehicle for Hire prdinance and Vehicle for Hire Administrative Manual. . i I SECTION EIGHT: OPERATOR SERVICE STANDARDS ! a) in accepting passengers, no vehicle for hire operator shall discriminate on the grounds of race color national origin gender religion creed politics or affiliation with any i group. b) Operators may refuse service to any person who is disorderly or who causes the priver to have a reasonable apprehension of fear for his property or the driver's ~afety . c) "No operator shall refuse to accept any passenger desiring service because of short or tong haul destination. d) pperator's 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. I e) No person shall be admitted to a vehicle for hire occupied by a passenger without the bonsent of the passenger. f) Upon request, a receipt shall be given by the operator on conclusion of the trip, ~ndicating the name of the driver, vehicle number, year month and date, the starting ~ime, 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. g) lAny electrical device such as a radar detector, fuzz buster, police radio scam1er or police two way radio, or the like within the vehicle for hire is prohibited at all times. h) ~o operator shall drive any vehicle for hire whose vehicle for hire license or vehicle !for hire operator's license is expired or has been cancelled, suspended, or revoked. i) iAt all times when the vehicle for hire is being operated as a vehicle for hire, the ioperator must clearly display and make readily available, a then valid vehicle for hire (operator identification card issued to that operator by the County. 11. Taxi operators shall post their vehicle for hire operator identification card in a i location that is in plain sight and visible to all passengers within the vehicle for I hire. 2. No one except the County Manager, or his/her designee, shall in any way alter any such County issued vehicle for hire operator identification card. . . - 7 - Packet Page -934- . . . 6/14/2011 Item 16.A.7, 3. Vehicle for hire operator identification cards shall expire one (1) year upon issuance, unless previously canceled or revoked, as provided within the Collier County Public Vehicle for Hire Ordinance and/or Vehicle for Hire Administrative Manual. j) No operator shall solicit any passenger in any commercial or residential establishment without express pennission to do so from the owner(s) or management of the respective establishment. k) Personal property left in any vehicle for hire shall be retained for no less than ninety (90) days from the date the item(s) were found, and shall be safely held by the vehicle for hire license holder (owner/operator), after which time the property may be considered to be abandoned if the notice requirements of Chapter 705 Florida Statutes have been met. I) No vehicle for hire license holder or operator shall possess at its place of business, dispatch, operation building, or in any vehicle for hire, any device(s) designed to be used for monitoring a competitor's radio frequency. m) No operator 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 on duty or while driving a vehicle for hire. n) No operator shall knowingly transport any person to any place for the purpose of participation in any illegal activity. 0) No operator shall use abusive language, nor be discourteous to passengers. p) Vehicle for hire operators shall not smoke cigarettes, cigars, or a pipe while passengers are in a vehicle. q) Vehicle for hire operators shall ensure that the vehicle's luggage compartment (trunk) and the passenger compartment is fioee of any item or substance that will damage, stain or otherwise harm a passenger's luggage or possessions, r) Vehicle for hire operators shall not use a cell phone, other than in a hands-free mode, while operating a vehicle for hire while passengers are present in the vehicle and/or during anyon-duty trip while driving on all roads within the county. s) Vehicle for hire drivers shall operate the vehicle's air conditioner at the request of the passenger, if not already operating. t) No operator shall use a vehicle for hire for the purpose of prostitution or lewdness or to offer or agree to transport any person with knowledge or reasonable cause to believe that the purpose of such transportation is for the purpose of prostitution or lewdness. SECTION NINE: REVOCATION OF VEHICLE FOR HIRE OPERATORS LICENSE a) The County Manager, or his/her designee, shall have full power and authority to revoke a vehicle for hire operator's license issued pursuant to the Collier County Public Vehicle for Hire Ordinance and/or Vehicle for Hire Administrative Manual if it shall be shown that the applicant obtained the license by fraud or deceit, or that the vehicle for hire operator has violated any of the provisions of the Collier County Public Vehicle for Hire Ordinance, Vehicle for Hire Administrative Manual, and/or - 8 - Packet Page -935- 6/14/2011 Item 16.A.7. State statute relating to the vehicle for hire business or ability to legally operate a fuotor vehicle. b) f.-ny operator of a vehicle for hire desiring to appeal the revocation of a vehicle for ~lire operator's license may petition for an appeal to the CAB within ten (10) days from the date of revocation, the CAB shall hear such petition for appeal within sixty (60) days of submission of the appellate petition, Adverse decisions of the CAB may be appealed within ten (10) days to the Board; and the decision of the Board thereon ~hall be final. . SECTION TEN: REVOCATION OF A VEHICLE FOR HIRE LICENSE a) The County Manager, or his/her designee, shall have full power and authority to tevoke a vehicle for hire license issued pursuant to the Collier County Public Vehicle for Hire Ordinance if it shall be shown that the applicant obtained the license by fraud pr deceit, or that the license holder(s) has been found guilty of violating the Collier ~ounty Public Vehicle for Hire Ordinance, Vehicle for Hire Administrative Manual, ~nd/or any other County ordinance, State statute, or federal law relating to the license ~older(s) ability to legally operate a vehicle for hire business. b) iUpon the cancellation or lapse of any policy of insurance on any vehicle for ,hire required by this ordinance, the vehicle for hire license issued for such vehicle for hire shall immediately be revoked unless the operator of the vehicle for hire shall have pbtained another policy of insurance containing all of the requirements of the original !policy prior to the effective date of cancellation or lapse. c) Any County Vehicle for Hire License holder desiring to appeal the revocation of a ~ehicle for hire license may petition for appeal to the CAB within ten (10) days from ~he date of revocation. The CAB shall hear such petition for appeal within sixty (60) idays of submission of the appellate petition, Adverse decisions of the CAB may be iappealed, within thirty (30) days, to the Board; the decision ofthe Board thereon shall ibe final. d) IAny vehicle for hire license issued in accordance with the Collier County Public iVehicle for Hire Ordinance shall not be transferable. . i SECTION ELEVEN: , RATES OF FARE; RATE CARD REQUIRED. a) iThe Collier County Board of County Commissioners (Board) shall have the ability to !establish via Resolution, maximum rates that may be charged by motor vehicles for I ihire. The Board's establishment of any maximum rate shall not prevent any vehicle Ifor hire license holder from charging a rate below the maximum rate established. b) !Taxicabs: i 1, Every taxicab operated under this article shall have an applicable schedule of I fares and charges posted in a clear and visible place that is in view of all I passengers. The words "rate," "rates," or "rates of fare" shall precede the rate statement, which shall be fully infonnative, self-explanatory, be readily understandable by the ordinary passenger, and be the same rate as the taximeter is calibrated. The rate schedule shall be of pennanent character or be protected by a laminated transparent protective type of cover. In the event that a maximum rate . - 9 - Packet Page -936- . . . 6/14/2011 Item 16.A,7. is adopted, the maximum rates of fares shall be designated within the schedule of fares and charges. 2. The taximeter shall not be turned off during anyon-duty trip that commences in Collier County, does not go outside of the County's geographic boundaries, and ends in Collier County (including in a municipality). The rate charged for such trip shall not be greater than the amount shown on the taximeter. c) There shall be no extra charge for handling luggage or baggage, d) Upon the establishment or modification of the maximum rates that may be charged by taxicabs, charter service vehicles, and/or motor vehicles for hire, the County Manager, or his/her designee, shall notify current vehicle for hire license holders of the proposed change via U.S, mail no less than fifteen (15) days prior to the date the rates become effective. The maximum rates adopted by the Board shall apply to all vehicle for hire license holders, as indicated, operating within Collier County, e) It shall be a violation of this section, and grounds for suspension or revocation of the vehicle for hire license and/or a vehicle for hire operator's license, for a holder of either license to charge in excess of the maximum rate established by the Board. SECTION TWELVE: SOLICITATION, ACCEPTANCE AND DISCHARGE OF PASSENGERS a) No driver of a vehicle for hire shall solicit passengers except when sitting in the driver's compartment of the motor vehicle for hire. The driver of any vehicle for hire shall remain in the driver's compartment or immediately adjacent to his or her vehicle at all times when the vehicle is upon county streets, except that, when necessary a driver may be absent from his/her vehicle for not more than thirty (30) consecutive minutes; and provided, further, that nothing herein contained shall be held to prohibit any driver from assisting passengers and loading luggage and other items into or out ofthe vehicle, b) No driver of a vehicle for hire shall solicit patronage in a loud or annoying tone of voice or by sign or in any maImer almoy any person(s) or obstruct the movement of any person(s), or follow any person for the purpose of soliciting patronage. c) Vehicle for hire operators shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible, or, in the absence of a sidewalk, to the extreme right-hand side of the road, and there receive or discharge passengers, except upon one way streets, where passengers may be discharged at either the right or left-hand sidewalk, or side of the roadway in the absence of a sidewalk. d) Vehicle for hire operators shall not carry more passengers than the ma'X.imum seating capacity of his/her vehicle as stated by the manufacture of the vehicle. e) Vehicle for hire operators shall not refuse or neglect to communicate with any orderly person or persons, upon request. f) It shall be a violation of this article for any vehicle for hire license holder or operator to use a motor vehicle for hire which he/she is operating as an instrument in committing aI1Y act which is a violation of any local, state or federal law. - 10 - Packet Page -937- ~ ~ i t' r t, 6/14/2011 Item 16.A.7. RESOLUTION ~O. 2011- A RESOLUTION OF THE BOARD OF COL'NTY C01\'llVIISSIONERS OF COLLIER COUNTY, FLORIDA, AMEJ\TDLNG THE COLLIER COUNTY PUBLIC VEHICLE FOR I-IlRE ADlVIINISTRATIVE MAl\'L;AL. f ( I WHEREAS, the Board of COllnty Commissioners, pursuant to Section 125.01 (1 )(n), Florida Statutes. pos~cs~es the statutory authority to license and regulate vehicles for hire that lawfully operate from wilhin Collic~ County: and , ; WHEREAS. Oil f\..fay 26, 2009, through Resolution ~o. 2009- J 27, the Board of County Commissioners , adopted the Collier Cozm~v Public Vehicle For Hire Admin;.\'lral;W Manual (the Manual) to establish the procedpres by whieh vchicles for hire are regulated in Collier County: and : WlIEREAS, Resolution No. 2007-127 directs the County i\"lanager or his designee to regularly review I , ~ ~ G.'I ~ ~1 ~"'"'...l" " ~. J.! I' ~ ~1 );J t-::i ~;~ f'] U :~'.i :~'~ r) ~1 '"~:,ll .. :"'~.'lt I, :~, ~i ~l pt. ~ ~l f(J ~ , the r-.tl~Ilual ror necessary corrections and improvements and pwvides that future changes shall be presented for adClPti9n by resolution o[the Board ofCmmty Commissioners; and : WHEREAS. Collier County's vehicle for hire regulatCll)' staff recommends amending the rvlanual to pro\'id~ for the issuance of temporary vchicle license decals to cbarter service vehicles brought into Collier COlIl1d- from other Florida ciliesicountics for shOJi term special events, sllch as graduation ceremonies. golf louI11al11cnts, fund raisers, etc. i NOW. THEREr:ORE. BE IT RESOLVED B,)! THE BOARD OF COUNTY COrvlMlSS10NERS OF COLqER COUNTY. FLORIDA, that the amended Collier C01ll1ly Pubic Vehicle For Hire Admil1islrlllh'(! 1 k!allll~/, attached hereto is hereby adopted. i THIS RESOLUTION ADOPTED after motion. second and m~iority vote favoring same, this day of . 20] I. ATTEST: DWlGpT E. BROCK. CLERK BOARD OF COUNTY CO;'vlTvf[SSrONERS COLLIER COU)\;TY. FLORIDA By: By: FRED \"'1. COYLE, CHAiRMAN i Approt'cd as to form and 1e~31 suflicicncy: Ste\'cn:,T. Williams /,' \ ''1\/,/ \ \\ Assist~"nt COUI1l_V Attorney J' If \,' - 4'\ If, i ! i . ~ Packet Page -938- ..' . , r'l u ~~ ~::~ .~ :i 1 ';:1 . ~. ~ . ~..' : i ';i . i ,~ .~ '- ~. ~ ; ~:j ~(l ,-:~ ~}~;.!~ ....'.1 . . ' :..;~ . ~