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Ordinance 2005-60 ORDINANCE NO. 2005- 60 . INANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER, NTv ORDINANCE NO. 2001-75, AS AMENDED, THE PUBLIC VE;8~CU:. FOR HIRE ORDINANCE TO INCREASE THE MAXIMUM ALLOWED' :'fAXt e .-, It FARES; TO AUTHORIZE ADDITIONAL SIGNAGE ON VANS; TO REQUIRe-; THAT EACH APPLICANT FOR A CERTIFICATE TO CONDUCT A VEHICLE FOR HIRE BUSINESS MUST VIEW STAFF'S POWER POINT PRESENTÂTION REGARDING THIS ORDINANCE; TO AUTHORIZE ISSUANCE OF NOTICE OF VIOLATIONS THAT IMPOSE IMMEDIATE FINES FOR CONTINUING . "_ - ~ ' 'I VIOLATIONS; TO REQUIRE ANNUAL RENEWAL OF DRIVER'S· ID; TO DELETE THE REQUIREMENT THAT COUNTY STAFF OBTAIN FBI CRIMINAL BACKGROUND CHECKS BECAUSE PRESENTLY SUCH CHECKS CANNOT BE OBTAINED BY STAFF DIRECTLY FROM THE FBI; TO PROVIDE THAT THEN EXISTING LEGALLY RECOGNIZED INSANITY OF A VEHICLE FOR HIRE OPERATOR (OR OPERATOR APPLICANT) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN EXCEPTION 'IS GRANTED BY THE PVAC; THAT CONVICTION WITHIN THE PRECEDING TEN YEARS OF ANY FELONY LISTED IN CHAPTER 784, FLORIDA STATUTES, (RELATING TO ASSAULT ANDIOR BATTERY ON A HUMAN BEING) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN EXEMPTION IS GRANTED BY THE PVAC; TO INCREASE FINES; TO PROVIDE THAT THE CODE ENFORCEMENT DEPARTMENT ASSIGN PVAC RELATED ORDINANCE ENFORCEMENT CASES TO THE CODE ENFORCEMENT SPECIAL MASTER OR CODE ENFORCEMENT BOARD; CLARIFYING PROVISIONS REGARDING SUB- CERTIFICATES; AMENDING PROVISIONS REGARDING VEHICLE DECALS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING A DELAYED EFFECTIVE DATE WHEREAS, The Collier County Public Vehicle Advisory Committee (PVAC) is recommending to the Board of County Commissioners (the Public Vehicle Board) ("Board") that Collier County Ordinance No. 2001-75, as amended, the Public Vehicle for Hire Ordinance, be amended to authorize increased taxi fares from $2.15 to $2.50 for the first one-tenth mile, and from 40 cents to 45 cents for each additional two-tenths mile or fraction thereof ($2.25 per mile), subject to the taxi's fare meter being recalibrated to reflect increased fares; and WHEREAS, the PVAC is recommending that vans be authorized to have specified text and/or logos painted on the front, sides, and rear area of a van provided such signage does not exceed thirty percent (30%), including window~ of the van's front area, rear area, and side areas, each area to be calculated separately, all subject to limitations/prohibitions of then applicable statutes, rules and regulations; and WHEREAS, the PV AC is recommending that the this Ordinance's existing twenty- five dollar ($25.00) fines be increased to one hundred and five dollars ($105) for a first violation, and be further increased as specified herein for additional separate in time violations of this Ordinance by the same violator if a 2nd, 3rd or more than a 3rd violation occurs within 365 days of the preceding violation; and WHEREAS, the PVAC is recommending that each Code Enforcement Officer who witnesses a continuing condition violation of this Ordinance be authorized to issue notices of violation(s) that impose immediate fines for those violations; and WHEREAS, the PVAC is recommending that prerequisite to the PVAC issuing a certificate, all applicants for a certificate to operate a vehicle for hire business, who has not already done so, must view staff's power point presentation regarding the County's then existing PVAC Ordinance; and 1 Underlined text is added; struck-through text is deleted . , WHEREAS, the PV AC is recommending that each PV AC issued vehicle for hire driver's identification card (10) must be renewed each calendar year and each year must affix a PVAC issued 10 renewal stamp on the front of the driver's 10, and that each applicant for a driver's 10 (and each annual renewal thereof) must provide to staff an affidavit that swears, if true, that the Affiant is authorized by that applicant's operator's permit, criminal record and then existing state of sanity, to be issued the original 10, or 10 the renewal 10; and WHEREAS, the PV AC is recommending elimination of the current requirement in this Ordinance (to acquire FBI national criminal background checks) because County staff cannot currently obtain those checks directly from the FBI, but staff is recommending that FBI background checks be acquired by staff if, in the future, those FBI checks can in fact be acquired from the FBI directly to County staff. At its September 13, 2005 meeting, this Board directed that staff try to get assistance and cooperation from the Sheriff's Department regarding FBI checks, therefore authorization to do so has been added to this Ordinance; and WHEREAS, the PV AC is recommending that all felonies now or hereafter listed in Chapter 784, Florida Statutes, (assault and/or battery upon a human being) be added to this Ordinance's ten (10) year crimes, and that for the purposes of authorizing an individual to operate a vehicle for hire pursuant to this Ordinance, legally recognized insanity of the vehicle for hire operator (or vehicle for hire operator applicant), including any acquittal of any crime because of insanity of that individual applicant, shall disqualify the individual from operating a vehicle for hire pursuant to this Ordinance unless an exemption if granted to that individual by the PV AC; and WHEREAS, the PV AC is recommending that the PV AC no longer conduct any Ordinance enforcement hearings, but that each Ordinance violation case related to vehicles for hire be assigned by the Code Enforcement Department either to a Code Enforcement Board or to the County's Code Enforcement Special Master, as appropriate regarding the specific case; and WHEREAS, the PV AC is recommending clarifications that sub-certificates are limited to the same owners and to the geographic areas as is then authorized by the related full certificate (in SECTION SIX), and is recommending deletion of an outdated sentence (in SECTION SEVEN); and WHEREAS, the PV AC is recommending amendments regarding the authorized locations of vehicle decals on vehicle for hire vehicles; and WHEREAS, the PV AC is recommending that this Ordinance become effective on the first day of the month following staff's receipt of notice from Florida's Secretary of State that this Ordinance has been received by that office; and WHEREAS, The Supreme Court of Florida En Banc in Pratt v. City of Hollywood, 78 SO.2d 697 (Fla. 1955), opined: "The [local government] owes to the public the highest degree of care and caution with reference to permits and licenses for the operation of a taxicab business on the streets of the [local government]. When a person, whether man, women or child, gets in a taxicab for transportation purposes, such person's safety is committed to the care of the taxicab driver. "The [local government] officials would be derelict in the performance of their duties if they failed to impose reasonable regulations upon the owners or operators of such taxicabs and those holding permits or licenses to operate them."; and WHEREAS, the above-stated degree of care to try to protect passengers of vehicles for hire (a form of consumer protection) applies to taxicabs and to other vehicle for hire driver applicants hereafter authorized by the PV AC to operate a vehicle for hire pursuant to Ordinance No. 2001-75, as amended; and 2 Underlined text is added; stnwk through text is deleted WHEREAS, following Pratt v. City of Hollywood, applying Section 125.5801, Florida Statutes, and the County's home rule powers, the Board hereby approves all of the PVAC's recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Subsection 142-32(12) of the Collier County Code of Laws and Ordinances, (the same being part of Section One of Collier County Ordinance No. 2001-75. as amended, is hereby further amended to read as follows: (12) 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, and other then applicable laws. Excopt to the oxtont then required by la'N, no signago or toxt shall bo affixod to or displayod in any vehicle for hiro vehicle windo'J.' oxcept a chartor sorvice vehiclo may display the vohiclo idontification numbor assignod by tho County to tho vohicle. Subjoct to applicablo laws, rulos and/or regulatiors, one 0 mail address of tho vohiclo for hire individual or entity may bo displayed from the rear \....indQl.\' or from one side windo'.... of each chartor sorvico vohicla or taxi providod sarno is displayed horizontally, is levol, is proportionally spaced, and tho total horizontal dimonsions theroof do not excoed fivo (5) inches in hoight. Tho number and 0 mail address displayod from the windO'.\' shall not bo stacked one over the othor. SECTION TWO: Subsection 142-33(j) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (j) 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 1707 is clearly visible to passengers. The text of the 10 Card must by in English and must include a color photograph of the driver, the emboldened Card number assigned to that driver from the County must be in emboldened text and must include a telephone number that can be called to contact the PV AC Staff, and must include "Receipt for cash payment available upon request" and "How was your service?" Additional details regarding the 10 Card, such as its size, shape and text can be modified from time-to-time by resolution(s) adopted by the PV AC. No one except an authorized County employee shall in anyway alter any such County issued 10 Card. Each driver's PVAC issued 10 must be renewed every twelve (12) months (durinq the anniversary month of the respective 10) and a PV AC issued 10 renewal stamp must be affixed to the front of the driver's 10 durinq the month of the driver's oriqinal 10 issuance. Oriqinal issuance of the 10. as well as issuance of each annual operator's 10 renewal stamp, shall be subject each year to staff receivinq that driver's affidavit swearinq under oath, if true, that the driver's Florida operator's permit authorizes operation of all types of for hire vehicles that individual is then authorized bv the PV AC to operate. and that the driver has not been found quilty or convicted. reqardless of adjudication, within the applicable time frames of anv crime listed in Section 142-37 of this Article, and that the applicant has never been found not auiltv of anv crime (felonv or misdemeanor) because (due to) that applicant's insanitv, and. finally. that the applicant is not then insane bv adjudication or bv certification bv phvsician(s). Driver 10 fees. if anv. shall be set bv Board of County Commission Resolution(s). SECTION THREE: Subsection 142-34(d) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (d) Charter Service Vehicles. Charter service vehicles shall not hereafter be painted in any color scheme that has then been authorized by the PV AC to any 3 Underlined text is added; strl:lck through text is deleted 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 an area not to exceed 72 square inches in total area and permanently affixed to the rear bumper or other place on the rear of the vehicle, but not on any window. No charter service vehicles shall RGt 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. Except to the extent then otherwise required bv law. no siqnaQe shall be affixed to or displaved from. in or on any vehicle for hire vehicle window (other than on van windows) on onlv one (1) window as follows: The PVAC issued vehicle 10 number and the applicable e-mail and/or web site addressees). which text (except on van windows) must be displaved horizontallv. level and be proportionallv spaced. and the window siqnaqe vertical dimensions (except on a van side windows) shall not exceed four (4) inches in heiqht and shall not be stacked one over the other. Van Signaqe: Total siqnaqe on each van. includinq handicapped vehicle van, may cover UP to thirty percent (30%) of the van's frontal area. side areas. and the rear area. all includinq the van's respective window areas. The van's front area, rear area. and side area thirty percent (30%) maximum shall be calculated separatelv. Siqnaqe on the front area of a van may include the name of the certificated individual or entity (which may be part of the van's loqo). but the text on the van's front siqnaqe. includinq when part of the larqer loqo. shall not exceed a heiqht of fo'ur inches (4") inches. Siqnaqe on the rear area of a van may include the name. loqo. and/or telephone number(s) of the PVAC certificated individual's (or the PVAC certificated entity's name). and onlv the text (letters and/or numbers) on a van's rear area shall not exceed a heiqht of six inches (6"). but the loqo may exceed such heiqht. Siqnaqe on the side area(s) of a van may include the PVAC certificate holder's address. and its name (separatelv or as part of a loqo). telephone numbers(s) and e-mail and/or website addressees). Neither the size of text nor any other siqnaqe on a side area of the van is limited bv this Article except as to the maximum thirty percent (30%) total side siqnaqe coveraqe area, which includes the respective side window area(s). Siqnaqe existinq on a vehicle for hire van as of the effective date of this Article that does not then complv with these siqnaQe specifications is allowed a qrace period of three hundred and sixty-five (365) days from that date to brinq such van signaqe into compliance with requirements of this subsection (d). SECTION FOUR: Subsection 142-35(b) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (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-:+é 2.50 (2) For each additional two-tenths mile or fraction thereof $0.4G 0.45 SECTION FIVE. Subsections 142-37(b), (c) and (g) of the Collier County Code of Laws and Ordinances, are hereby amended to read as follows: Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Conviction of Specified Crimes after Driver Approval from the County (b) Before each respective driver applicant operates any vehicle for hire in unincorporated Collier County pursuant to this Ordinance, each driver applicant and certificate holder (if the certificate holder is not the driver applicant) shall be responsible for ensuring that each of that certificate holder's prospective drivers verifies by having the Florida Department of Law Enforcement and the FBI provide directly to staff that individual's below-described fingerprint based criminal record checks and an affidavit properly sworn to and subscribed by the driver applicant and delivered to County staff swearing or affirming, if true, that such driver applicant is not then adjudicated as beinq insane. is not then certified bv phvsician(s) as beinq insane. and had never been acquitted anYWhere of any crime because of that individual's insanity. and has not been found guilty or 4 Underlined text is added; struck through text is deleted convicted, regardless of adjudication, of any of the following three 1ID year crimes (if convicted within the then past three 1ID years) and/or any of the following ten í1Ql year crimes (if convicted within the then past ten years), and that the applicant's operator's permit had not been suspended or revoked anywhere within the then past three 1ID years. Each applicant must be fingerprinted and the applicant must have those fingerprints delivered to the Florida Department of Law Enforcement for a state criminal history check and. if then feasible. to the FBI for a national criminal history record check. County staff is hereby authorized to request assistance and cooperation to acquire FBI checks throuQh the Collier County Sheriff. The information supplied to staff in response to each criminal history record check shall determine the applicant's eligibility to operate a vehicle for hire under this Ordinance. The PV AC and staff shall take into account every acquittal of any crime anytime and anyWhere based upon insanity of the applicant, but shall not consider any other conviction, as "conviction" is defined in this Ordinance, that occurred more then ten í1Ql years before the date of the application, and shall not consider any conviction that had been set aside by post-conviction proceeding. Such post conviction proceedinQs information is also exempt from subsection 119.07(1), Florida Statutes, (Public Record's LawLdisclosure. The Three year crimes are: (1) Any crime involving the sale or possession of any controlled substance. (2) The Florida RICO Act, as amended, currently Sections 895.01 through 895.06, Florida Statutes; or (3) Driving while intoxicated or under the influence of drugs or any other alcohol or drug related offense; or (4) Vehicular manslaughter; or (5) Reckless driving; or (6) Exposure of the sexual organs (Section 800.03, Florida Statutes), and/or any crime pertaining to prostitution, except subsection 796.03, Florida Statutes, Procuring person under age of eighteen (18) for prostitution, which is listed below as a ten year crime. The Ten Year Crimes are: (7) Murder, manslaughter, armed robbery; or assault with a deadly weapon or aggravated assault except when the only victim of such assault was a member of the applicant's family and the assault occurred during a family dispute; or (8) Section 784.011, relating to misdemeanor assault, provided the victim of such assault was a minor; or (9) and/or Section 784.03, Florida Statutes, relating to misdemeanor battery, provided the victim of the battery was a minor; or (9) Each felony listed in Chapter 784. Florida Statutes. irrespective of the aQe of any victim of any such felony: or (10) Section 787.01, Florida Statutes, related to kidnapping a child under the age of thirteen (13) unless the child was the driver applicant's child; or (11) Section 787.02, Florida Statutes, relating to false imprisonment of a chHd under the age of thirteen (13) unless the child was the driver applicant's child; or (12) Section 787.025, Florida Statutes, related to luring or enticing a child into any structure, dwelling or conveyance unless the child was the driver applicant's child; or (13) Subsection 794.011 (2), (3), (4), (5) or (8), Florida Statutes, relating to sexual battery; or (14) Subsection 794.05, Florida Statutes, relating to unlawful sexual activity with certain minors; or (15) Section 796.03, Florida Statutes, related to procuring person under the age of eighteen (18) for prostitution; or (16) Section 800.04, Florida Statutes, relating to lewd or lascivious offenses committed upon or in the presence of persons less than sixteen (16) years of age; or (17) Section 825.1025, Florida Statute, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person; or (18) Section 827.03, relating to child abuse or aggravated child abuse; or (19) Section 827.04, Florida Statute, relating to contributing to the delinquency of a child; or (20) Subsection 827.071 (2), Florida Statutes, relating to use of a child in sexual performance; or 5 Underlined text is added; struck through text is deleted (21) Subsection 827.071 (3), related to promoting a sexual performance by a child unless the driver applicant can prove to the PV AC that the conviction did not involve the driver applicant directing any such sexual performance; or (22) Section 847.0133, Florida Statutes, related to knowingly sell, rent, loan, give away, distribute, transmit or show any obscene material to a minor; or (23) Section 847.0145, Florida Statutes, relating to transfer, attempt or assist in any transfer of custody or control of a minor for any therein specified sexual conduct. (c) Exemptions. The PVAC may grant an exemption to permit the applicant to operate a vehicle for hire pursuant to this Ordinance provided the applicant proves to the PV AC the following by clear and convincing evidence: (i) that each ten year crime conviction occurred at least five @ years prior to the date of the application; (ii) that the applicant had been lawfully released from all sanctions for each three @ year crime and/or from each ten (10) year crime; (iii) the relationship of the applicant to each victim, including the age and gender of each victim; (iii) all harms the commission of the crimeí.§l caused to each victim, (vi) whether the crime involved violence or use of a weapon, (v) the applicant's history since the date of each conviction, including evidence of rehabilitation, (vi) whether the applicant is likely to present any such victimization to any vehicle for hire passenger, and (vii) the applicant's response to medical treatment, if any, related to such criminal behaviors, includinq any crime from which the applicant was acquitted because of that individual's insanity. and (viii). the applicant's then existinq state of sanity if the applicant had ever been found not quiltv or otherwise acquitted anywhere at any time of any crime (felonv or misdemeanor) because of (due to) that individual's insanity. or is then judiciallv declared. or is then medicallv certified, to be insane. If an individual applving for a certificate to operate a vehicle for hire under this Article is then classified as beinq insane because of adjudication or bv a findinq of phvsician(s). or had ever been found not guiltv (acquitted) of any crime. no exemption shall be qranted bv the PV AC unless a physician then certified to practice psychiatry if Florida and who is familiar with the insanity and history of that applicant, certifies to the PV AC that in his/her medical opinion said applicant is phvsicallv, emotionallv and otherwise medicallv Qualified to operate a vehicle for hire. and is also no threat to the welfare of any vehicle for hire passenQer without that individual needinq medication to control his/her behavior(s): and that applicant must personallv testify before the PV AC with reqard to his/her application for the vehicle for hire driver's insanity exemption. In each and every case listed above, the PV AC may impose restrictions upon the applicant's vehicle for hire driving activities. (g) Throuqhout this Ordinance. "Conviction" applies to Florida and to crimes with substantially the same elements in other jurisdictions covered by the respective criminal history record check, including military courts, and includes a finding of guilty, or entry of a plea of nolo contendere or guilty, regardless of adjudication. but in the context of this Article does include acquittal because of (due to) insanity of the applicant of any crime (felonv or misdemeanor) anywhere and at any time; and in the case of a juvenile, a finding of delinquency based upon elements of the offense that would constitute commission of such crime if the applicant had not been a minor. "Sanctions" include, and are not limited to, parole, probation, community control, conditional release, control release, or incarceration in any state prison, federal prison, private correctional facility, local jail or other local detention facility, including juvenile facility. SECTION SIX. Subsection 142-51 (b) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (b) Sub-certificates. If a certificated individual or entity, for any legitimate business reason(s), requests issuance of a sub-certificate from the PVAC, the PV AC may issue one or more sub-certificates requested by the applicant subject to supplyina staff with written proof that the sub-certificate shall be owned onlv bv the owner(s) of the related full certificate. and that the sub-certificated operations shall operate only from the same qeographic location(s) as the operations 6 Underlined text is added; struck throl:lgh text is deleted authorized bv the related full certificate as dotormined by tho PV J\C to bo appropriato under tho circumstancos. The application fee and the renewal fee shall be one-half the then applicable fee for a full certificate. The applicant requesting a sub-certificate need 9Aty not provide to staff any information that is required prerequisite to applying for a full certificate provided such information relevant to all 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 trade name to the applicant's full certificate. Sub-certificates are a courtesy to the certificate holder whereby all decisions by the PV AC 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 PV AC for good cause in the specific case. The PV AC 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. SECTION SEVEN. Subsection 142-52(a)(6) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (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 af 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 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 the county. The procoding sentonce shall not apply to cortificated entities that have boon grand fathorod prior to the affective dato of this article by having boon issuod propor certificates without tho noed to comply with said roquiromont. Each such grand fathered individual or entity must comply with this requirement to be eligible to be issued its PV AC certificate for 2004, 2006 or prerequisite to transfer its certificate, or permit prior to that time. Each person or entity planning to operate under a fictitious name shall attach to the application a notarized copy of the newspaper notice published in accordance with Section 865.09, Florida Statutes. SECTION EIGHT. Subsection 142-53(b) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (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. Prerequisite to beinQ issued a certificate. each Applicant for a certificate. but not any applicant onlv for vehicle operator certification. must view staff's power point presentation reQardina this Article if not previously viewed by such individual(s). SECTION NINE. Subsections 142-55 (d) and (g) are hereby amended to read as follows: (d) Vehicle decals shall be color coded for each permitting year, February 1 to January 31. Each vehicle permit and decal shall be separately numbered. The vehicle decal shall be permanently affixed on each assigned vehicle's left inside outside bottom windshield glass corner of the ff9At rear window and the other decal oithor on the left hand side of tho vehicle's rear büñï'por or at 7 Underlined text is added; struck tHrough text is deleted the bottom loft right outside top windshield glass corner (driver's side) of the vehicle's feaf front window, provided oaoh suoh roar facing docal is clearly visible 'JJhon viewed from diroctly bèhind the vohiole. All vehicle decals except temporary decals for sub-contracted vehicles must be affixed to the vehicle for hire by staff. Vehicle decals 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 oxpiration of the pormittod poriod, the certificate holder shall remove the vehicle decal and provide all remnants of such removed decal to county staff thoreby destroy the docal. The certificate holder shall be responsible for notifying the County Manager in writing within ten calendar days of any then currently valid vehicle decal 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 article prior to its being operated as a vehicle for hire by the certificate holder. (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 PV AC. No pormit shall be grantod to any cortificate holder to operato any taxic~b covorod by this article. SECTION TEN. Section 142-58, (Disciplinary Proceedings) of Collier County Code of Laws and Ordinances is hereby amended to read as follows: (a) Each complaint of a violation of this Article, exoopt pursuant to subsection 142.57(a), including any other County Ordinance referenced in this Article, or although not referenced in this article, is independently applicable to the respective vehicle, individual, and/or entity, building, structure. or parcel of land, that is regulated by this Article or such other Ordinance shall be made only to the PV AC Code Enforcement Board staff emplovee or to the PV AC. The PV AC emplovee is authorized to refer such a complaint to the Code Enforcement Board or to the Code Enforcement Special Master. Tho PV AC staff may initiato disciplinary procoedings to tho code enforcomont board against a cortificate holdor drivor, or othor violator for violations of this article aftor receiving a sworn '.witten complaint or after witnessing tho rospectivo 'iiolation(s). ':'\'honovor possible, tho allegod violator will be pro\'idod written notioe of violation at loast 10 days bofore the proceedings will bo addressod by the PV AC. Procedural rules applicable to the Code Enforcement Board and/or the Code Enforcement Special Master will apply to cases referred te Qy the Code Enforcement Department Board. (b) Any porson who beliovos that a certificate holder or drivor has violatod any provision of this article, or other Ordinance shall submit ª complaint the County Managor. The complaint may be by letter. Each oomplaint, writton or oral, must include the name, mailing address and tolephone number of tho complainant. With assistance of staff, the complaining party should attempt to specify with particularity which section(s) of this article, other applicable ordinances, 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 written or oral complaint, or upon knowledge however obtained that raises staff reasonable suspicion that a violation has occurred or is occurring, the County Managor Code Enforcement Investigator may conduct a preliminary investigation and determine whether the facts as known warrant filing formal charges or issuance of a written notice of violation to the alleged violator. If such action referral is warranted, the County Manager Code Enforcement Department shall refer the case to the Code Enforcement Department or Code Enforcement Special Master for enforcement. file a copy of staff's complaint with tho Chairman of tho PV AC and shall sond, by oortifiod mail, return roooipt roquostod, or by hand dolivory or other then la':.'ful means of service, a lottor or other written notioe of violation to tho certificate holder and/or drivor or othor violator at his or her last known addross as sho't.'n on Staff's records. If 8 Underlined text is added; struck throligh text is deleted othor than by the thon applicablo standard form notioo of violation, tho notico documontation shall onclose a copy of tho complaint indicating: (1) Tho name of tho complainant; (2) The dato(s) of tho commission of tho allogod offonse; (3) The soctions of this articlo or othor ordinanco, law, rulo or regulation allogod to havo boen violatod; f4t @ If the violation is a continuina condition. includina condition of a vehicle and/or place of business premises that is/are curable, the notice of violation shall include the number of days after receipt of such notice that the violation(s) must be corrected (the deadline date or dates) and the deadline date (or dates) when written proof of the cure must be delivered to staff. Failure to make all such corrections as required and/or failure to notify staff within the prescribed time (deadline date) periodí.§l shall result in aR automatic civil fine of t'Nenty fivo dollars ($25.00) one hundred and five dollars ($..1Q§l per day of such failure(s) to correct meet the noticed deadline date(s). Notwithstandina any other provision in this Article. A ªII then available Codo Enforcemont Board fines, remedies, penalties and charges shall apply if the respective enforcement forum when the respective case is referred to and enforced by the Code Enforcement Board or the Code Enforcement Special Master. However. to the extent. if any, that there is then a conflict between the fines. remedies. penalties and/or charqes specified in this Article and those other rules. the fines. remedies. penalties and/or charaes specified in this Article shall control only with reaard to violations of this Article, and not to any other Ordinance (includina any Ordinance referred to in this Article). ~ @ì If active conduct or a continuing condition, and/or omission is a violation of this Article that must cease, or is a violation of any other County Ordinance that is applicable, any Issuinq Officer who witnesses the violation(s) may issue the County's notice of violation(s) and the violator must pay the fine(s) specified in such notice of violation(s) and promptly comply with that notice. U-#te violation is a conduct or a condition must cease, tho notico shall specify tho dato that tho unla'Nful conduct and/or unlawful condition must coaso, and tho last date that tho violator must doliver proof to Staff of tho dato \·..hon tho conduct and/or condition ceasod. Failure to coaso cure the conduct. continuina condition and/or omission on or before the specified deadline date and/or failure to notify staff that the conduct ceased to exist on or before the specified deadline date(s) shall be separate violations of this Article and shall result in a fine of t'l.'onty fivo ($25.00) one hundred and five ($..1Q§l dollars for each day of failure to meet the respective deadline ffi:Ie dateí.§l of for delivory of and/or failure to deliver such proof to the Code Enforcement Department's staff. (f) Applicable Fines for Specific Violations of this Article. If within three hundred and sixty-five (365) days of any violation of only this Article. the same violator commits a separate in time second violation by the same violator of the same or other provision of this Article. the fine shall be two hundred and fifty dollars ($250). If within 365 days of any second violation of this Article by the same violator, the violator commits a separate in time third (or more than a third) violation of the same or other provision of this Article. the fine shall be four hundred dollars ($400). "Separate in time" means that each such violation must be separated in time from the other precedina violation(s). whereby these escalating fine provisions do not apply to a continuina violation unless the continuina violation is cured, but occurs or recurs later in time. After hearing on any such third (or more) violation bv the same violator. that violator's PVAC certificate to operate mav be suspended for UP to sixtv (60) davs bv the Code Enforcement Board or bv the Code Enforcement Special Master. In each case. and irrespective of the 365 dav provision, a five hundred dollar ($500) fine shall apply to each violation of Section 142-54 of this Article (minimum insurance requirements). In each case, and irrespective of the 365 dav provision, a five hundred dollar ($500) fine shall applv if an individual operates a vehicle in vehicle for hire service while not havina a then effective PV AC certificate to operate, and said violator shall not be eliaible to be issued a PV AC certificate to operate for throo hundrod and sixty five (365~ days followina the last date of such violation. An individual who operates a vehicle in vehicle for hire service without a then effective PVAC issued driver's 10 shall be fined five hundred dollars ($500) and shall not be issued a PVAC driver's 10 for 9 Underlined text is added; struøk through text is deleted 365 days after the last date of such violation. A driver who operates a vehicle in vehicle for hire service without a then effective Florida operator's permit that authorizes all such drivinQ shall pay a five hundred dollar ($500) fine and shall not be issued a driver's 10 within 365 days after the date such individual becomes authorized by his/her Florida operator's permit to operate the applicable vehicle(s) for hire in the applicable vehicle for hire services. (6) The last dato that the violator must file 'Nith staff a ,-witton notice of appeal to tho PVAC to contest tho notico. Notice of appeal shall not toll tho deadline for complying with tho notice or paying tho fines. If the violator doos not promptly comply with the notice of violation and upon appeal tho PVAC finds that failure to promptly comply was not justifiod, tho fines shall continuo to toll until the violations aro corroctod and staff is dolivored proof of the corrections. If tho PV AC after hoaring finds no violation, the actions roquired by the notico nood not be correctod and all finos basod upon a "no violation" shall bo promptly returnod to the parson or ontity that paid those finos. (7). Tho rango of disciplinary sanctions which may be imposed upon tho certificate holder, pursuant to this article, by the PV.4.C in tho ovent the PV AC finds a violation of this article has occurrod; and (8). If applicablo, tho date, time and plaoo at 'Nhich the certificate holder may appoar bofore tho PVAC for a hearing regarding tho complaint or notico of violation. The dato of tho schedulod hoaring shall not be sooner than 20 days from tho mailing dato of tho cortified lottor or other moans of service. a. Tho notice of hearing requirod by this soction may, in the alternativo, be aooomplishod by hand dolivery of said notice to the certificate holder by tho County Managor, or by loaving said notice at tho cortificate holder's usual place of rosidenco with somo porson of his family ovor 15 yoars of ago (or with any person over the age of 15 years at tho cortificato holdor's usual placo of business) and informing such person of the contonts of the notice, or by any othor then lawful means of servico. b. Notico by Publioation. As an altornativo to providing notico as set forth above, at tho option of tho County Manager, notico may be furnished by publication as follo'NS: (1.) Such notice shall be published once during oach wook for four consecutivo 'Nooks (four publications being sufficient) in a nO'lJspapor of gonoral circulation in the County. The nO\\'spapor shall moot tho requirements of Chapter 50, Florida Statutes. (2.) Proof of publication shall be made as provided in Sootions 50.011 and 50.051, Florida Statutes. Notico by publication may run concurrently Y.'ith, or may foil 0'1.', an attempt to provide notice by hand delivery or by mail. c. Evidonoo that an attompt has boon mado to doliver or mail notice as providod in this subsoction, together '....ith proof of publioation or posting, shall be sufficiont to show that tho notice of hearing requiremonts havo boon mot whother or not tho alleged violator received aotual notioo. d. Notice by Posting. As an alternative to providing notioe as set forth above, at the option of the County Manager, notioo may be furnishod not less than ten (10) days prior to tho dato of the hoaring by posting such '...·ritten notice at tho plaoo of business or the rosidenoe of the allogod violator, or at the Collier Courthouso. Such notice shall bo photographod and filed in the case filo. e. Conduct of hearing: (1) ^ public hearing shall bo held ooncerning tho complaint. An appeal hearing basod upon a notioe of '/iolation will be held only if requosted in writing by tho alleged violator not later then the notioe of appeal doadlino dato spooified in the notioe. . (2) The proQeodings at the hearing shall bo rOÐoFded and may be transonbod at the oxponso of the party roquesting tho transcript. Any party may have a oourt reporter present at the hoaring at that party's oosts. The County shall not be responsible for any failuro of rooording equipment or for any transcript othor than its own for tho County's own purposos. (3) Each caso bofore the PV AC shall bo prosented by a momber of the Ceunty staff. . . ('1) J\ssuming proper notico of tho hoaring has boon providod to tho cortlflcate holder by any means as provided in subsoction (c) of this section, a tho 10 Underlined text is added; struck through text is deleted schodulod hoaring may pmcood in tho absonoe of the ~ortifioato hol~or unless a continuance of tho hearing had boen granted by staff, or IS, at tho hearing, grantod by tho P\I^C .,. . (6) The P'.' AC shall procood to hoar the cases on tho agonda that day. All tOGtimony shall be under oath and shall bo rocordod. Th~ PYAC. shall hoar testimony from staff, from the cortificato holder alleged to bo In '.'Iolatlon of this articlo (if prosont), and from such other witness os as may bo callod by the rospoctivo partios. (6) Formal rulos of evidonce shall not apply, but duo procoss shall bo accordod, Irrelovant, immatorial or cumulativo o'lidenco shall be excluded; but all other ovidonco of a typo commonly reliod upon by reasonably prudont persons in the conduct of their affairs shall be admissible, whethor or not such evidonco 'Ilould be admissiblo in the circuit courts of Florida. Hearsay evidenco may be usod for tho purposo of supplomenting or explaining any ovidonce, but shall not be sufficiont, by itsolf, to support a finding unless such hearsay evidence would be admissible ovor objoction in civil actions in Florida circuit courts. The rules of privilogo shall be effoctivo to tho samo extent that thoy aro now or horeaftor recognized by the Florida Rules of Ci\'il Procedure. (7) /".ny member of the PV/\C may question any 'ÆnoGs before tho PV/'.C. Each party to tho procoodings shall have the right to call'/.'itnesses and examino '....itnossos; to introduce exhibits; to cross examine witnosses; to impoach any '.v¡tnoss regard loss of which party called the \'.'itnesG to tOGtify and to rebut any evidonco presonted against that party. (8) The chairperson, of in his absonce, tho vico chairporson shall havo all powors necossary to conduct the hearing in a full, fair and impartial manner and to presorve order and decorum. (9) At tho conclusion of tho hearing or not lator than fifteon work days aftor the PV/"'.C makes its final docision, the PV AC shall issue findings of fact basod on tho evidonce of record, and conclusions of 18'.":; impose disciplinary sanctions, if '.\'arranted; and shall issue whichever Final Ordor is nocossary and propor to dispose of the complaint in accordance with this article and applicablo Florida law. Said findings of fact, conclusions of la'N, disciplinary sanctions, if any, and rolated Ordor shall constitute the decision of tho PV AC on the caso heard boforo the PVAC. (10) Tho docision of tho PV AC may bo stated orally at tho hearing, but shall be reduced to writing and mailod to tho parties I....ithin 15 days aUor the final decision. Tho findings of fact and conclusions of law, disciplinary sanctions, if any, and any other rolatod Ordor shall bo made by motion approved by a majority of tho memberG of tho PV AC who are present and voting. The decision of the PVl".C shall bo filed with the Clerk of the Board of County Commissionors promptly aftor said final decision is reduced to v.'riting. (11) Should tho PV AC bo unable to issue a docision immediatoly following any hearing, the PV!\C may 'J.'ithhold issuing its decision until a subsequont mooting. In such caso, furthor discussion of tho pending matter and all deliberations rolating thoreto beÌ\\loon mombers of tho PV AC shall take place only as a public mooting of tho PV AC. The P'.' AC shall thoroafter issuo its docision pursuant to subsections (d)(9) and (d)(10) of this section. (12) The final decision of tho PVAC may be appealed to tho Board of County CommissionorG if tho appollant files the appoal with tho Clork to tho Board of County Commissionors not later than thirty (30) days following tho issuanoo of tho PV f.C's Final Ordor. Tho appollate must state fully all speoified groundG for the appeal and providE) to tho Board of County Commissioners all portions of the PVI'.C hearing reoord. The PVAC may submit to tho Soard of County Commissionors othE)r parts of the hoaring reoofd. The Soard of County CommissionE)rs shall oonsidor only tho record submitted to it in the appoal. (13) Non payment of Finos, Foos and/or Charges. If an individual or entity has not then paid to tho County in full all overdue finos, fees and/or charges roquired by this Article, or roquirod by the Codo Enforcoment Board, or any othor enforcemont forum, as tho case may bo, Staff shall rofuse to issuo to that individual or entity any vehiolo pormit, any vohicle docal, or both, and shall refuso to renow the applied for cortificato(s). 11 Underlined text is added; stnlck t}:¡rmlg}:¡ text is deleted f:J.4) {gl Every violation of this Article, or of any ordinance incorporated herein by reference, or ordinance that is then independently applicable to any vehicle, individual, '* entity, buildinQ. structure, and/or land that is then regulated by any of the same this Artiolo, may be enforced by the Code Enforcement Department PV I\C or tho PV AC staff pursuant to Section 1-6 of the County's Code of Laws and Ordinances. See also Section 142-60, below. Refer to subsection 142-56(f), above. with reQard to the superiority of listed fines, penalties, charQes and/or remedies for violations of this Article, in the three hundred and sixty-five (365) successive violations context: also minimum insurance requirements, operatinQ a vehicle for hire without a then active PV AC issued certificate to operate, or a then effective Florida vehicle for hire operator's permit, and/or then current. active PVAC issued driver's 10. SECTION ELEVEN. 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 ~~ny court of ~.. competent jurisdiction, such portion I shall be deemed a separate, distinct ànd independent provision and such holding shall not affect the validity of the remaining portions. SECTION TWELVE. 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. SECTION THIRTEEN. DELAYED EFFECTIVE DATE. This Ordinance shall be effective on the first day of the month following the month that staff receives notice that this Ordinance was received by the Florida Department of State. "". PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 16....·~ day of Nl:>ve-be^, ,2005. _.. ,. ~ ~ ~ ',.... .'rJ ,. ATTEST:<~~'~'~'ëal~" . :.. Dwight .f?~B·rOCk;' ðf~* , r. . ' ~'''. . . ,- ~ .. C:...;;,') .. ...; . "', '~ -.J , .c, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: ~W (,. 0 Fred W. Coyle, Chairm~~ BY:~~ PJ~ Thomas C. Palmer, Assistant County Attorney This ordinance filed with the ¿)l~ary of ~ate's Office th~ day of OOt'YYL~ and acknowledgemE:.t'J....£h tho1 fjlin receiv d this~doy o - ~~j By 12 Underlined text is added; stntek thro\:Jgh text is deleted 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 and correct copy of: ORDINANCE 2005-60 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. .'" ".'.,... ~'\ \1. ; ......,.. \..;I ~.\, ~ ". , . ,.~~\).... . ,~ . '£, DWIGHT E. BROCK t:' .<;¡:,-i¡ "~ .,-1 "",' 'of: ' II ..). Clerk of Courts and. Clerk " '. ) ~ - .. \,' Ex-officio to BO~d'~,S'f ','.,: " County Commission~rs ,. -", '~7 . ~ "" . ,. J , .' " ~ -, .' ".... BY,~n a::Jo4t::;¡C)!' Deputy Clerk