Ordinance 2006-12
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'" -- -- ~ ORDINANCE NO. 2006 _ 12
i I APR. J ~
~ RECBum 0 INANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER
~ JcUlJ, ORDINANCE NO. 2001-75, AS AMENDED, THE PUBLIC VEHICLE
~~ FO ~ IRE ORDINANCI:, BY AMENDING SUBSECTION 142-52(6) TO
~9C:R1d . DFATHER" TWO (2) VEHICLE FOR HIRE BUSINESSES CURRENTLY
RTIFICATED BY THE PUBLIC VEHICLE FOR HIRE ADVISORY
COMMIITEE THAT HAD "TAXI," "CAB" OR "TAXICAB" IN ITS TRADE
NAME AS OF DECEMBI::R 11, 2002 BUT DO NOT PROVIDE MILEGAE
METERED SERVICE; AL.SO AMENDING SUBSECTION 142-54 (A)(10) TO
DELETE THE NOW OUTDATED REQUIREMENT TO PROVIDE A-
NOTARIZED COpy OF PROOF OF ADVERTISING FOR A FICTITIOUS NAME; .
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND '
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE
WHEREAS, The PVAC is recommending to the Board of County Commissioners
(in the Board's capacity as the "Public Vehicle Board") that Collier County
Ordinance No. 2001-75 (thE~ Public Vehicle for Hire Ordinance), as amended, be
further amended to specify that this Ordinance shall "grandfather" only the two
(2) currently PV AC certificated vehicle for hire businesses against the
Ordinance's requirement (added to the Ordinance on December 11, 2002) that
each vehicle for hire business that has "taxi," "cab" or "taxicab" in its trade name
must provide mileage meterEld service; and
WHEREAS, it has recently be brought to the PV AC's attention that only the
subject two (2) vehicle for hire businesses now certificated by the PV AC had
"taxi" in their trade name as of December 11, 2002, but do not provide, and may
never elect to provide, metered mileage service in Collier County, but this state of
affairs is not causing confusion to the vehicle for hire traveling public; and
WHEREAS, because Florida Statutes no longer requires local advertising to
acquire a "fictitious name," the PVAC is recommending that such now out-dated
requirement be deleted from the PV AC Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Subsection (6) in Section 142-52 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:
"Sec. 142-52. Application for Certificate to Operate.
(a) An application for certificate shall be filed with the PV AC on forms
provided by the County Manager with-a nonrefundable application fee for each
certificate. The prescribed fee shall be adopted by resolution of the Board of
County Commissioners. The application form shall be verified under oath and
shall furnish the following information:
, (1) If an individual, name and address of the applicant.
(2) If a partnership, name and address of the applicant's business;..names
and addresses of all partners.
(3) If a corporation: the exact corporate name and, business addr~ss of
the applicant's corporation, name and address of all dlre~tors an~. officers,
Articles of Incorporation and all amendments thereto along With a certified copy
of the Certificate of Incorporation.
(4) The names and addresses of all persons or entities holding a ten
percent or greater beneficial interest in the applicant's bu~iness or co~pa~y.
Failure to disclose such intl3rest shall be grounds for the denial of the application
of any applicant or revocation of any certificate.
(5) Business telephone number and, if applicable, e-mail address.
Underline~! text is added; Struck through text is deleted.
(6) The trade name under which the business will operate. The trade
name under which the applicant intends to do business shall not be deceptively
similar to the trade name of any other then current certificate holder or sub-
certificate holder. Approval of the use of a trade name does not imply the use of
said trade name is otherwise legally authorized. A separate certificate or sub-
certificate is required for each trade name or fictitious name. No certificate or
sub-certificate shall be issued to any business that has "taxi" or "cab" or "taxicab"
in its name unless it will immediately be providing taxi services in Collier County.
The orecedina sentence shall not apply only to the two (2) currently PVAC
certificated vehicle for hire business that had "taxi," "cab" or "taxicab" in their
trade name as of December 11. 2002." Each such individual or ontity must
comply '/lith this requirement to bo eligible to bo issued its PV AC cortifloate for
2006, or prorequisite to transfer its certiflcato, or pormit prior to that time. Each
person or entity pkmning to operate under a f-ictitious namo shall attach to tho
application a notarizod copy of tho newspapor notico publishod in aocordance
':lith Section 865.09, Florida Statutos.
SECTION TWO. Subsection 142-52(a)(10) of the Collier County Code of
Laws and Ordinances, (the same being part of Section One of Collier County
Ordinance No. 91-93, as amended) is hereby further amended to read as follows:
(10) Before # operating under a fictitious name, attach a notarizod oOPY of
pfOOf of advertising to tho application in accordance with Soction 865.0Q, provide
proof to staff that the fictitious name was acquired pursuant to then applicable
Florida Statutes. A separate certificate to operate is required for each fictitious
name.
SECTION THREE. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION FOUR. 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 FIVE.
EFFECTIVE DATE.
This Ordinance shall be effective upon receipt by the Florida Department
of State.
Underlined text is added; stnlek dKODgB text is deleted,
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PASSED AND DUL V ADOPTED by the Board of County Commissioners
of Collier County, Florida this ;{~ day of j)'\.--.t.n h. , 2006.
ATTEST:. ' . r ".
Dwigh~E,\ ~roCk, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By: ~~~........
By: <k:,
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Approved'asloform
and legal sufficiency
BY:
Thomas C. Palmer,
Assistant County Attorney
. f'led with the
This ordinance I
~crjtary of li;t~l Of~
('l:iI day of ", t
and acknowledgemelb~ t~a
H~ ,~.j""dt&t., ay
o n TlA ?if u~~
By ~ .,.,puty c
Underlined text is added; stfl:lek through text is deleted.
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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 2006-12
Which was adopted by the Board of County Commissioners
on the 28th day of March, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of March, 2006.
; '.'\") . 'j /" I '
DWIGHT E. BROCK .\" '" ..'
Clerk of Courts aodtlerk
Ex-officio to Boapdpf
County Commissioners
,
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~ ItU.J..h &-tu-. be..
By: Ann ~nnej~n,
Deputy Clerk