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Ordinance 2006-59 :1~S293031 ~1- "- flJil; ~ ..,~ IV I,j) ~ L- - DEe 2000: ~ ~ DfCfNfU ~ AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CO E~\ ....~ COUNTY ORDINANCE NO. 2001-75, AS AMENDED, THE PUBLIC VEH "1.,,,.... FOR HIRE ORDINANCE, DEREGULATING CHARTER SERVICE RATE fl9L 91. 17\. ~ AUTHORIZING DISCRETIONARY INCREASE TO THE TAXI BASE RATE BY 25 CENTS PER TRIP; PROHIBITING RATE DISCOUNTS FOR TAXI TRIPS THAT BEGIN AND END IN COLLIER COUNTY EXCEPT FOR SENIOR CITIZEN PASSENGERS; PREVENT VEHICLE INSPECTION BY AN INDIVIDUAL WHO IS BIASED IN FAVOR OF THE VEHICLE PASSING THE INSPECTION; STAFF MUST DISREGARD OPERATOR'S PERMIT SUSPENSIONS THAT ARE NOT RELATED TO DRIVING A MOTOR VEHICLE; EXPAND LIST OF DISQUALIFYING CRIMINAL CONVICTIONS AND STATUS AS A CRIMINAL; INCREASE MINIMUM INSURANCE REQUIREMENTS BY $25,000 FOR BODILY INJURY TO ONE INDIVIDUAL; AUTHORIZE APPEAL TO PV AC IF STAFF DENIES AN APPLICATION FOR A DRIVER'S 10; INCREASE SOME FINES; PROVIDE FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE THE EFFECTIVE DATE ORDINANCE NO. 2006 _ 59 WHEREAS, the County's Public Vehicle Advisory Committee, considering input from representatives of several regulated vehicle for hire entities, is recommending that this Article be amended; and WHEREAS, the major amendments deregulate charter service rates; authorize a discretionary 25 cents per trip increase to the basic taxi rate; prohibit discounting taxi meter rates for trips that begin and end in Collier County except for passengers 60 years of age or older; specify that staff shall not accept vehicle inspection conducted by vehicle's owner, lessee or other individual who has a bias that the vehicle pass inspection; prevent staff from considering vehicle operator's permit suspensions that are unrelated to competence to drive a mo_tor vehicle, expand list of disqualifying criminal convictions to include "habitual traffic offenders," "habitual felony offenders," "habitual violent felony offenders" and "violent career criminals;" increase from $100,000 to $125,000 the minimum required insurance for bodily injury to anyone individual; require notice to staff when the insured's insurance policy is changed; authorize appeal to the PVAC if staff denies application for a vehicle for hire driver's 10; increase some fines; al~o minor clarifications and clean up amendments; and WHEREAS, the Board of County Commissioners, agrees with staff's recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. That Chapter 142 of the Collier County Code of Laws and Ordinances, the same being Collier County Ordinance No. 2001-75, as amended, is amended to read: ARTICLE II. TAXICABS AND CHARTER SERVICES DIVISION 1. GENERALLY Sec. 142-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. "Applicant" means an individual, firm, corporation, partnership, company, association, joint venture, or any other type of organization enterprise applying to the County for a certificate to operate or other request. "Certificate" means a Collier County certificate to operate that grants written authorization under this article to operate a motor vehicle for hire company within Collier County. "Charter Service" means any chauffeur-driven vehicle that is engaged in prearranged transportation and the rates for which transportation are based upon predetermined hourly, daily, weekly, monthly, or door to door price. Charter service vehicles shall include, but not be limited to, the following four classifications: (1) "Sedan" means a four-door, full sized automobile capable of seating not more than five passengers, exclusive of the driver. (2) "Limousine" means a luxurious, large passenger vehicle, built or modified for use as a luxury limousine (e.g., formal or extended limousine). (3) "Van" means a passenger vehicle recognized as either a minivan or full sized passenger van capable of seating not more than 14 passengers, exclusive of the driver. (4) "Handicap vehicle" means a vehicle designed, constructed, reconstructed, or operated for the transportation of persons with non-emergency conditions where no medical assistance is needed or anticipated in route; or for persons who are unable to comfortably use a standard means of conveyance; or for persons who cannot enter, occupy or exit a vehicle without extensive assistance; or where specialized equipment is used for wheelchair or stretcher service; and where the chauffeur serves as both a chauffeur and attendant to assist the door-to-door or bed-to-bed service. No emergency equipment other than a fire extinguisher and first aid kit may be carried. The use of the word "ambulance" may not be used and no representations may be made that any medical service is available. The word "non-emergency" must be prominently displayed on the outside of the vehicle. "Color scheme" means any distinctive combination of two or more vehicle for hire colors, including the lettering and/or logo that distinguish the vehicles of one vehicle for hire business from another vehicle for hire business. "County Manager" includes staff designees of the County Manager except where the context logically prohibits such inclusion. "Driver" means any individual in actual possession of a County issued Identification card, and a valid driver's license (operator's permit) that authorizes all respective driving privileges) and who is then employed, or permitted by a certificate holder, to drive or operate a permitted vehicle upon the streets of the County pursuant to this article. 2 Underlined text is added; Struck Through text is deleted. "Holder" means an individual, firm corporation, partnership, company, association, joint stock association, or other type of organizational enterprise to whom a certificate to operate has been issued. "Manager" means any person responsible for the day-to-day operation of the certificate holder. "Motor vehicle for hire" means any motorized, self-propelled vehicle engaged in the transportation of persons upon the streets on the County with the intent to receive compensation for providing such transportation and shall include, but not be limited to, the classifications: taxicab, and charter service vehicles, and non-emergency vehicles. "Owner" means any individual, firm, corporation, partnership, company, association, joint venture, or any other type of organization enterprise owning a ten percent or greater interest in an Applicant for a certificate to operate and/or a vehicle for hire company. "Pick-up" means whenever a passenger/customer sits in a vehicle for hire for the purpose of being transported for a fee except successive picking-up of the same passenger during a continuous trip when the passenger departs the vehicle for a short time and the vehicle and driver wait at that location and the passenger returns and continues the trip. "Public Vehicle Advisory Committee" (PV AC) means the five-member committee existing pursuant to this article. "Public Vehicle Board" means the Board of County Commissioners. "Scheduled" means the transportation of persons on pre-determined points of origin, destination, or schedule of service. "Staff" means employees of the Code Enforcement Department who administer, enforce, regulate or interpret provision of this Article. "Subcontracted vehicles" means vehicles for hire not necessarily based in Collier County, that are leased to or operating under a subcontract with a company that has a Collier County occupational license and a certificate to operate from Collier County issued pursuant to this Article. "Taxicab" or "cab" or "taxi" means a motor vehicle, with at least four (4) doors, equipped with a top light, designed to accommodate not more than eight passengers, exclusive of the driver, operated for compensation at rates based upon the distance traveled and authorized by this article, recorded and indicated by a taximeter in operation when the vehicle is in use for transportation or any passenger or property, and the route or destination of which is controlled by the passenger or the individual who hired the taxicab for that trip. "Taximeter" means any approved internally mounted device with records and indicates a rate or fare to be charged to a passenger of a Vehicle for hire measured by distance traveled, waiting/standing time, and other items of charge. All taximeters must comply with the then most current edition of the National Institute of Standards and Technology, Handbook 44. 3 Underlined text is added; Struck Through text is deleted. ''Temporary vehicle permit" means a temporary vehicle permit issued to a subcontracted vehicle (or a short term rented or leased vehicle for hire) that is not otherwise certified as a vehicle for hire in the County. "Vehicle for hire business" means any individual or entity holding a Collier County certificate to operate and which holds permits for one or more vehicles for hire, under one or more categories of vehicles for hire, and either provides leased vehicles to drivers to be used or operated as vehicles for hire or which operates a central dispatch for one or more vehicles for hire. "Vehicle decal" means a color-coded vehicle decal issued annually to the current certificate holder authorizing the holder to operate for hire the motor vehicle to which the vehicle decal is affixed. Sec. 142-27. Applicability. The provisions of this article shall be applicable to and effective in all now existing or future incorporated areas and in all unincorporated areas of the county. It shall be the duty of all county and municipal code enforcement officers to enforce these provisions within the territorial areas of their respeotive jurisdictions. This article is intended, and shall be construed, as a direct regulatory measure uniform in application throughout the county. No certificate or permit issued pursuant to this article shall be construed as a grant to authorize the certificate or permit holder to engage in any business at any airport located on any county or municipal property or operated by the county or by any municipality. Nothing in this article shall affect any ordinance of any municipality. Sec. 142-28. Exemptions. The following categories of Vehicles for hire shall be exempt from all provisions of this Article: (a) Any owner or transportation provider which has been designated as the community transportation operator as defined in 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 motor vehicle for hire other than exempted uses as specified herein shall require a certificate for such non-exempt use(s). (b) Vehicles operated by a governmental agency; companies or organizations owning (or renting) vehicles that are used exclusively for transportation of the employees or members of said company or organization; Also transportation activities licensed by the Interstate Commerce Commission or any other government or agency of any government so long as such vehicles are engaged solely in interstate commerce or other activities authorized by the respective license. (c) Discharge of passengers within Collier County picked up in another county provided that the vehicle and operator were authorized to pick up the respective passenger(s) in the originating county and location of pick-up. 4 Underlined text is added; Struck Through text is deleted. (d) Vehicles operated under or pursuant to a franchise from the County. (e) Vehicles limited to providing transportation services for the Transportation Disadvantaged provided the vehicle is clearly and distinctly marked as a vehicle only for transportation of transportation disadvantaged persons and no emergency equipment other than a fire extinguisher and first aid kit shall be carried. Neither the word "emergency" nor any other word which may imply that emergency medical services are available shall be displayed or advertised. Sec. 142-29. Public Vehicle Board. A Public Vehicle Board shall consist of the Board of County Commissioners. The Board of County Commissioners, as the Public Vehicle Board, shall have the rights to license, regulate and control the rates and the total number of motor vehicles for hire operating on the streets from within the County. Sec. 142-30 Public Vehicle Advisory Committee (a) The Public Vehicle Advisory Committee is referred to herein as the "PVAC." (b) The PV AC shall consist of five members and one alternative member. Notwithstanding the provisions of Section 112.313, Florida Statutes, not less than two nor more than three members shall be holders of certificates at public convenience and necessity to operate a motor vehicle for hire business or are otherwise affiliated with a vehicle for hire business. and not less than two nor more than three members shall be individuals who are in no way affiliated or associated with any holder of a certificate to operate of public oonvenienoe and neoessity. Terms of office of members shall be for four years and shall be staggered. Memberships exceeding two full terms shall be approved in accordance with Ordinance No. 2001-55. Members of the PVAC shall be appointed by and serve at the pleasure of the public vehicle board. All members shall be permanent residents and electors of the county. Appointment of members of the PVAC shall be by resolution of the public vehicle board, which resolution shall state the date of appointment and term of office. The alternate member shall vote only in the absence of a quorum. All PVAC members shall attend all meetings whenever possible, and shall comply with the provisions of Ordinance No. 2001-55 for attendance requirements. A finding by the public vehicle board of an excessive number of violations of this article, or failure to promptly correct a violation or violations of this article by a member or by a certificated entity associated with a member shall be grounds for removal of that member from the PVAC. (c) The County Manager shall designate a member of his staff to serve as liaison and to coordinate with the PVAC. (d) The functions, powers and duties of the PVAC shall be to: 5 Underlined text is added; Struck Through text is deleted. (1) Review and approve applications for each certificate to operate, permit, etc., pursuant to this article. (2) Review and approve taxicab color schemes pursuant to this article. (3) Review and make recommendations to the Public Vehicle Board regarding issues related to the motor vehicle for hire business, including rates and charges. (4) Hold meetings at least quarterly if there is business to be conducted before said committee. (5) Conduct hearings as appropriate. (e) Officers of the PVAC shall be elected by majority vote of the PVAC. Election of Officers should occur at the first meeting following October 1 of the respective calendar year. There are no Officer term limits for the Chairman, Vice-Chairman, Secretary, or any other Officer of the PVAC. Sec. 142-31. Unlawful Operation of Vehicle for Hire. It shall be a violation of this article for any person to operate or to permit operation of a motor vehicle for hire in Collier County in violation of any provision(s) of this article. All vehicles for hire must also comply with all applicable provisions of all County Ordinances including the Sign Ordinance and the Occupational License Tax Ordinance, and must comply with all applicable Florida and federal statutes, which may be a violation thereof irrespective of whether the vehicle is then being operated as a vehicle for hire. Sec. 142-32. Minimum vehicle standards: (a) It shall be a violation of this article to operate or for any person or any vehicle for hire entity to permit the operation of a motor vehicle for hire unless the following minimum vehicle standards are complied with or exceeded and the vehicle is maintained in proper operating condition. (1) Speedometer, and taximeter if applicable, properly installed, in good working order and exposed to the view of both the driver and the passengers. The taximeter must be lighted at all times whenever a passenger is being transported for hire in the taxicab. Each taximeter shall be inspected, approved and sealed pursuant to Chapter 531, Florida Statutes, and/or all then applicable rules and regulations. No vehicle for hire other than a taxicab shall be equipped with or contain a taximeter, whether or not the meter is in operation (2) Interior must be clean, sanitary, free of torn upholstery or torn floor coverings and free from damaged or broken seats. Seat covers shall be permanently attached or fixed to the seats of the vehicle, and have no exposed wire or sharp edges from metal, hardened vinyl, or otherwise. The rear seat must be of a type, size and mounting approved by the vehicle's manufacturer. No broken springs, sagging or horizontal slippage is allowed in any seat. Floor 6 Underlined text is added; Struck Through text is deleted. covering material shall be secure and shall contain no rips or Wse loose folds. The vehicle floor shall be free from rust and holes. (3) All doors must have operating handles that allow opening from both inside and outside. Handles, knobs and armrests must be free of breaks and must be securely mounted. Door hinges and hold stops must function correctly. Door seals and gaskets must be intact and be operating to seal water and odors from entering the passenger compartment from outside. All door panels must be intact to prevent injuries on door and window mechanisms. (4) Vehicle must be structurally sound and mechanically operable with a minimum of noise and vibration, and must have an operational parking brake and a primary brake system that acts on all four vehicle wheels. There shall be no visible leaks in the brake line, wheel cylinder or any part of the brake system and no frayed cables. All primary brake systems shall demonstrate a reasonable total braking force, when tested, using the "quick stop method" with the vehicle for hire operating as at a speed of at least 20 miles per hour. Brake linings and disk brakes, when measured at the thinnest point, shall not be less than one-sixteenth of an inch. Brake linings and/or pads shall also be firmly attached to the brake shoe and/or disk coupler. Disk brake rotors and brake drums shall be of a size and type appropriate for the vehicle, with no brake cracks or other damage that change or impair the functional surface. (5) The body, fenders, doors, trim and grill must be free from holes, cracks, breaks and dents which may endanger pedestrians or passengers. (6) For Taxicabs, a rate schedule in English and Arabic numerals prominently displayed as specified in Sec. 142-34(b). (7) Proper functioning interior light, headliner, dashboard, head rests, windows, gear shift and windshield wipers. (8) Vehicle for hire must be free from hazards, including but not limited to, slippery floors, sharp edges, and unpadded interior door head clearances. No loose objects or externally mounted speakers shall be placed behind the rear seat. No decorations or other objects will be permitted to hang in a vehicle for hire. (9) Exhaust emissions must be free of smoke. There shall be no leakage of fuel at any pOint in the vehicle's exhaust system. The tailpipe shall discharge exhaust only from the rear of the vehicle. No part of the exhaust system may pass through or leak into the vehicle. (10) Tires shall be of the correct size as approved by the vehicle's manufacturer, with no mismatched size tires on the vehicle. There shall be no cuts into the tire cord or sidewall area, or spots that expose the ply. No tire shall have less than 2/32 inches of tread remaining when measured in any two grovos Qrooves at three equally spaced intervals around the circumference of the tire. When the tire has tread wear indicators, no tire shall have indicators that contact 7 Underlined text is added; Struck Through text is deleted. the road in any two gro'Jos Qrooves at three equally spaced intervals around the circumference of the tire. (11) Steering mechanism and directional signals must be maintained in operating condition. Steering mechanisms shall not be worn or jammed. There shall not be more than two inches play to the left or right of center measured at the steering wheel rim with the road wheels in a straight ahead position on wheels up to 18 inches in diameter, or three inches of play on wheels over 18 inches in diameter. (12) 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. Side windows may usually be locked but must be immediately unlocked upon adult passenaer's request. 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 F.S. 9 316.295, and other then applicable laws. (13) All vehicles for hire shall be equipped with properly operating horn, air conditioning and heating systems, head lights, turn signals, factory installed brake lights and replacements, all tail lights including "in reverse" lights, and a light situated to illuminate and make clearly legible the rear license plate. (14) Vehicles that have been modified, such as stretch limousines, must meet all State and Federal standards that apply to the vehicle. Seat belts must operate and be easily accessible to all passengers. Seat belts that are under the seat or between the lower and upper portions of the seat are not considered to be easily accessible. (15) Each certificate holder shall be responsible for ensuring that each vehicle for hire owned, operated, leased to, or otherwise controlled by it complies with this article, with other applicable County Ordinances, and with applicable state and federal laws, rules, regulations, and standards regarding motor vehicle safety equipment and devices. Every certificate holder shall cause every such vehicle to pass an inspection by an inspector employed by or under contract with a Florida licensed repair shop at least once every twelve (12) months to ensure that each such vehicle for hire complies with the minimum vehicle standards of this article and with applicable provisions of Chapter 316, Florida Statutes. Staff shall not accept any vehicle for hire inspection conducted by the vehicle's owner. lessee. or other individual who is biased in favor of the vehicle passino the inspection. The certificate holder shall maintain a permanent registry containing information on the identity of each vehicle for hire inspected, and a written document signed by the qualified inspector that includes the date of the inspection, and the nature of any deficiencies or defects discovered, plus a PVAC approved standard form inspection list supplied by staff that lists the items that must pass inspection. The certificate holder shall acquire and retain written evidence of all remedial actions and services performed, and the name, address 8 Underlined text is added; Struck Through text is deleted. and telephone number of each inspector, repairer and/or mechanic, plus the name, street address, local telephone number, and the Motor Vehicle Repair Registration Certificate number then issued by the Florida Department of Agriculture and Consumer Services for that repair facility's specific location (pursuant to Chapter 559, Florida Statutes, as now or hereafter amended or renumbered, or any successor in function Statute, rule or regulation). Each such permanent registry and inspection, deficiency and repair documentation shall be made available for inspection and/or copying by the County during the certificate holder's regular business hours. The original then most recent inspection form for the vehicle and papers that prove completion of repair of all items, if any, that failed the last vehicle inspection must be presented to staff prerequisite to acquiring that vehicle's initial certification or renewal thereof. A vehicle for hire which fails to meet the operating and safety requirements of this article, of Chapter 316, Florida Statutes, and/or any other applicable law, rule, and regulation shall not be operated in for the transportation of passengers for hire while such defect or deficiency exists. (b) All corrections or repairs required in order to comply with the minimum vehicle standards set forth herein shall be accomplished within 15 days from notification of the violation. Notification of any such violation by staff shall be in writing and be hand delivered or delivered by certified mail, return receipt requested, or by other lawful means of service. The date of receipt of the notice of violation shall commence the running of the fifteen (15) day period. The vehicle shall not be operated as a vehicle for hire until the failures are certified as having been corrected. Failure to correct any such violation within 15 days shall be a violation of this article. (c) Nothing in this Article shall be construed to effect any aspect of Chapter 316, Florida Statutes, including any traffic citation issued by any law enforcement officer, including for unsafe operation of the vehicle or because the vehicle is not properly equipped as referenced in Section 316.610, Florida Statutes, or otherwise. Sec. 142-33. Driver's Service Standards. (a) In accepting passengers, no vehicle for hire driver shall discriminate on the grounds of race, color, national origin, gender, religion, creed, politics, or affiliation with any group. Drivers may refuse service to any person who is disorderly or who causes the driver to have a reasonable apprehension of fear for his property or the driver's safety. (b) No operator/driver shall refuse to accept any passenger desiring service because of short or long haul destination. Drivers shall transport passengers to their destination by the most direct available route from the place where the passenger enters the vehicle for hire unless a different route is 9 Underlined text is added; Struok Through text is deleted. requested at the initiative of the passenger. No person shall be admitted to a vehicle for hire occupied by a passenger without the consent of the passenger. (c) Upon request, a receipt shall be given by the driver on conclusion of the trip, showing the name of the driver, vehicle number, year, month, and date, thee starting time, the place of origin and destination of the trip, the amount of fare collected, and the number of passengers, and the total miles or units accumulated during the trip. (d) Any electrical device such as a radar detector/"fuzz buster," or police two-way or similar scanner, or two-way radio frequency monitor is prohibited within the vehicle for hire. (e) No driver shall operate any vehicle for hire whose vehicle permit or certificate has been suspended or revoked, and each taxi driver must clearly display (visible to all passengers) a then valid and unexpired driver identification issued to that driver by the County. (f) No driver shall solicit any passenger in any hotel, lounge, nightclub, restaurant, bar, boardinghouse, or any other commercial establishment without expressed permission to do so from the management of the respective entity. (g) Personal property left in any vehicle for hire shall be retained for ninety (90) days, after which the property may be considered to be abandoned if the notice requirements of Chapter 705, Florida Statutes, have been met. (h) No certificate holder, permit holder or driver shall possess at its place of business, dispatch operation, building, or in any vehicle for hire any device designed to be used for monitoring any competitor's radio frequency. (i) No driver of a motor vehicle for hire shall consume any alcoholic beverage or any controlled substance, or be under the influence of any alcoholic beverage or controlled substance while on duty or while driving a vehicle for hire. (j) At all times when the vehicle for hire is being operatedffig as a vehicle for hire, the driver thereof must display his/her Collier County issued Driver's Identification card so that the 1.0. is clearly visible to passengers. The text of the 10 Card must By be in English and must include a color photograph of the driver.:. Ihe emboldoned card number assigned to that driver from the County must be in emboldened text... aRd must include a telephone number that can be called to contact the PVAC Staff, and must include "Receipt for cash payment available upon request" and "How was your service?" Additional details regarding the ID Card, such as its size, shape and text can be modified from time-to-time by resolution(s) adopted by the PVAC. No one except an authorized County employee shall in anyway alter any such County issued ID Card. Each driver's PVAC issued ID must be renewed every twelve (12) months (during the anniversary month of the respective flD) and a PVAC issued ID renewal stamp must be affixed to the front of the driver's ID during the month of the driver's original 10 issuance. Original issuance of the ID, as well as issuance of each annual operator's 10 renewal stamp, shall be subject each year to staff receiving 10 Underlined text is added; Struok Through text is deleted. and verifying that driver's affidavit swearing 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 by the PVAC to operate, and that the driver has not been found guilty or convicted, regardless of adjudication within the applicable time frames of any crime listed in Section 142-37 of this Article, and that the applicant has never been found not guilty of any crime (felony or misdemeanor) because of that applicant's insanity, and, finally, that the applicant is not then insane, either by adjudication or by certification by physician(s). Driver ID fees, if any, shall be set by Board of County Commission Resolution. Sec. 142-34. Designation of vehicles for hire; subcontracting vehicles for hire. (a) All taxicabs utilized by the respective certificate holder shall be painted in the color scheme approved by the PVAC. All changes in color scheme must comply with the procedures outlined in subsection 142-52. The name of the certificate holder shall be clearly displayed on the car in lettering which is at least three inches in height and is clearly visible. The lettering must be permanently affixed to the vehicle. Magnetic signs are prohibited. All taxicabs must have a permanently mounted top light at least ten-inches wide (wide side facing to the front) and four inches in height, mounted on the roof of the cab and illuminated with a tell-tale light indicating when the cab is occupied. The top light shall be used only to indicate whether the vehicle is at that time available for vehicle for hire business. (b) SCHEDULE OF FARES. The owner/operator shall post the then applicable schedule of fares and charges in the taxicab, which schedule shall be clearly and conspicuously visible to passengers. The words "rate," "rates," or "rates of fare" shall precede the rate statement, which shall be fully informative, self-explanatory, be readily understandable by the ordinary passenger, and be the same as that rate for which the taximeter is calibrated. The rate schedule shall be of a permanent character or be protected by suitable transparent protective cover material. If the PVAC adopts any standard form schedule(s), such schedule(s) must be displayed. (c) Taximeter. Each taxicab shall be equipped with a taximeter that meets all specifications, tolerances, and other technical requirements for taximeters required by the then most current version of Handbook .J=f..44, National Institute of Standards and Technology. The face of every taximeter shall at all times be visible from the taxicab's passenger compartment and shall be illuminated so that passengers may ascertain the amount of the fare registered by the taximeter. The signal affixed to any taximeter shall never indicate that the taxicab is vacant when such taxicab is engaged by a passenger. No one shall operate any taxicab for hire unless its taximeter has been inspected and found to be accurate, in satisfactory operating condition, and sealed pursuant to applicable laws, rules and regulations. Each taxicab permit holder shall have the 11 Underlined text is added; Struck Through text is deleted. taximeter in good working condition and operating accurately. Such meters shall be sealed to prevent any person other than a person authorized under then applicable laws, rules and regulations, aAd from changing the adjustment of same. It shall be a violation of this article to operate a taxicab when a taximeter does not accurately register the correct mileage rate. Evidence of breaking of an official taximeter seal shall be prima facie evidence that such taximeter has been tampered with does not accurately register the correct information. Except when the taximeter is calibrated, recalibrated and/or if adjusted by a person employed by the county (or by a person employed by an entity under contract with the county to perform such services) the certificate holder shall deliver a copy of each such certification to staff not later than ten working days following the respective calibration, re-calibration and/or adjustment. (d) Charter service vehicles. Charter service vehicles shall not hereafter be painted in any color scheme that has then been authorized by the PVAC to any certificated or permitted taxicab(s). Sedan and limousine service type vehicles may display the certificate holder's trade name on only the front license plate of the vehicle and/or in 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. Maonetic sians are prohibited on vehicles for hire unless approved in writino by staff. Maonetic sions will not be approved by staff unless the reauested maonetic sion is reauired to be temporarily placed on the vehicle to enable the vehicle for hire to provide vehicle for hire service to an airport. seaport. or other substantially similar oovernment or auasi- oovernment facility. No charter service vehicles shall 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 by law, no signage shall be affixed to or displayed from, in or on any vehicle for hire vehicle window (other than on van windows) except one window as follows: The PVAC issued vehicle ID number and the applicable e-mail and/or web site address(es), which text (except on van windows) must be displayed horizontally, level and be proportionally spaced, and the window signage vertical dimensions (except on a van side windows) shall not exceed four inches in height and shall not be stacked one over the other. Van Signage: Total signage on each van, including handicapped vehicle van, may cover up to 30 percent of the van's frontal area, side areas, and the rear area, all including the van's respective window areas. The van's front area, rear area, and side area 30 percent maximum shall be calculated separately. Signage 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 logo), but the text on the van's front signage, including when part of the larger logo, shall not exceed a height of four inches. Signage on the rear area of a van may include the name, logo, and/or telephone number(s) of the PVAC certificated individual's (or the PVAC certificated entity's name), and 12 Underlined text is added; Struck Through text is deleted. 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 PVAC certificate holder's address, and its name (separately or as part of a logo), telephone numbers(s) and e-mail and/or website address(es). Neither the size of text nor any other signage on a side area of the van is limited by this article except as to the maximum 30 percent total side signage coverage area, which includes the respective side window area(s). Signage existing on a '.'ehicle for hire '1un as of the effeotive date of this article that does not then comply .....ith these signage specifications is allowed a grace period of 365 days from that date to bring such van signage into compliance with requirements of this subsection (d). (e) Subcontracting vehicles for hire. Except for subcontracting vehicles for hire for short term special events, only vehicles for hire being operated under a county certificate shall be subcontracted in Collier County. Except for short- term special event subcontracting of vehicles for hire, all subcontracted vehicles for hire must be insured up to at least the minimum insurance requirements by insurance coverage provided by at the vehicle for hire person or entity to which each such vehicle(s) for hire is/are subcontracted by (including leasing to) the county certificated vehicle for hire person or entity. Short term special events mean those occasions that occur fFem infrequently from time-to-time, usually only once annually, when a person who, or entity that, is operating a vehicle for hire business pursuant to the county's certificate and requires temporary use of vehicles for hire because the fleet of the respective certificate holder comprises too few vehicles to fully service the short term special event. Short term special events include graduation ceremonies from schools, golf tournaments, or other like events of short duration, usually less than seven consecutive days. Vehicles for hire that are subcontracted only for short term special events may be certificated by a municipality or by another Florida county, but the certification must be current and effective at the time of the subcontracting of leasing. Vehicles that are subcontracted only for short term special events shall not be used except to provide services required by the respective special event. Any vehicle subcontracted by, or leased to, a vehicle for hire business certificated by the county for anything except short term special events must be independently certificated by the county. Sec. 142-35. Schedule of Taxi Rates and Taxi Charges. (a) Rates and charges of charter services and of taxicabs under contract to provide long-term services are not regulated except that other taxicab fares are regulated. No charter service vehicle operator shall transport, advertise, display, or otherv:ise offer to transport any passenger(s) under any rates except its regular charter service rates, which rate!> shall not be prorated, discounted, divided, or othe,,#ise reduced so as to re!>emble or attempt to compete on a price ba!>i!> with 13 Underlined text is added; Struck Through text is deleted. any taxicab rates. If a oomplaint is made to staff that ~my suoh violation has occurred, tho regular oharter service rates of the person or entity being investigated for such alleged '/iolation shall upon request be promptly provided in writing to staff. The taximeter shall not be turned off durino an on-duty trip that commences in Collier County. does not 00 outside of the County's oeooraphic boundaries. and ends in Collier County (includino in a municipality). The rate charoed for such trip shall not be oreater nor less than the amount shown on the taximeter except discounts are allowed for passenoers sixty (60) years of aoe or older. There shall be no extra charge for handling luggage or baggage. (b) The following is the schedule of maximum rates for taxicabs operating in the County: (1) For the first one-tenth mile or fraction thereof.. $2.50 optional to $2.75 (2) For each additional two-tenths mile or fraction thereof ......... 0.45 (c) The following maximum charges are reauired in addition to the maximum rates set forth in subsection (b) hereof above: $24.00 maximum per hour standing/waiting time with a maximum reauired rate and interval of time of not less than $0.20 per 30 seconds, not to exoeed $0.40 in one minute in accordance with the time elapsed on the taximeter. (d) Rate Change Procedures. (1) The Public Vehicle Board may from time-to-time require the owners and operators of taxicabs to appear before the PVAC at a public hearing to review their rates for reasonableness. Owners and operators may petition the PVAC for a review of their rates. (2) Prior to a public hearing pursuant to this section and upon request from the Public Vehicle Board or from taxicab owners, the County Manager may investigate and prepare a report concerning the then existing rates and charges, including regulation thereof by the PVAC. The report shall consider all financial and operating reports that are submitted by operators to determine operating ratios, revenues, expenses, and potential impact of any proposed rate changes. For rate-making purposes, the County Manager will not consider any cost incurred in the acquisition of a license or political contributions. Costs to be considered will include vehicle operating, maintenance and repair expenses, salaries of drivers, dispatchers and supervisors, plus insurance costs, taxes, and administrative expenses. (3) The report from the County Manager shall be reviewed by the PVAC, which shall make a recommendation regarding rate matters to the Public Vehicle Board. (4) The Public Vehicle Board should within 60 days after receipt of the staff and PVAC recommendations, schedule a public hearing concerning the proposed rate changes, at which hearing all interested parties shall have an opportunity to be heard. The Public Vehicle Board shall consider the staff report and recommendations, the PVAC's recommendation, and all evidence produced 14 Underlined text is added; Struok Through text is deleted. at the Board's hearing, and by resolution shall determine and set the appropriate rates as may be in the public interest. Appeals of the Public Vehicle Board's decision shall be to the Circuit Court of the 20th Judicial Circuit in and for Collier County in accordance with Florida Appellate Rules. Sec. 142-36. Daily manifest or trip log required: Every motor vehicle for hire owner or operator shall maintain a daily manifest (trip log) upon which the driver shall promptly and legiblye record the following information: Name of the driver; vehicle number; year, month, and date; the starting time, place of origin and destination of each trip, the then applicable rates and charges for that vehicle for hire, the amount of fare collected and the number of passengers of each trip during that driver's driving period. All completed manifests shall be returned to the owner of the business by the operator at the conclusion of his/her tour of duty. The forms for each manifest shall be furnished to the operator Qy at said owner. No one shall destroy, mutilate, alter or otherwise deface any daily manifest for at least one year. Said manifests shall be available for inspection and/or copying by the county for a period of not less than one year after the date of the respective manifest. Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Criminal History Record Checks: Conviction of Specified Crimes after Driver Approval from the County. (a) Each driver of a motor vehicle for hire must hold a current and valid driver's license (operator's permit) in said driver's name issued by the State of Florida. The respective Florida driver's license must authorize all types of driving being conducted by the respective driver. A copy of each such driver's license must be maintained by the operator and, upon request from staff, must promptly be delivered to staff. (b) Before each respective driver applicant operates any vehicle for hire in unincorpor~ltcd Collier County pursuant to this article, 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 ha':ing the Florida Department of Lay.' Enf-orGement provide direotly to staff that individual's beloV.' described fingerprint based oriminal record checks aRd 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 has not been adjudicated insane, has not been certified insane by physician(s), and had never been acquitted anywhere of any crime because of that individual's insanity, and has not been found guilty or convicted, regardless of adjudication, of any of the following three year crimes (if convicted within the then past three years) and/or any of the following ten year crimes (if convicted within the then past ten years), and that the applicant's operator's permit had not been 15 Underlined text is added; Struok Through text is deleted. suspended or revoked anywhere within the then past three (3) years, but excludinq operator's permit suspensions based on facts not related to the violator's responsibility to operate a vehicle for hire. such as to failure to promptly pay fines (except fines based on vehicle movinq violations). delinquent support obliqations: or failure to comply with subpoenas. orders to appear. orders to show cause and other substantially similar orders unrelated to motor vehicle violations. Eaoh applio~:mt must be fingerprinted and tho applicant must have those fingerprints delivered to the Florida Department of La'N Enf-oroement f-or a state crimin31 history check. (c). Criminal History Record Checks. County staff is responsible for requestinq these criminal history record checks. 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 article. The PVAC and staff shall take into account every acquittal of any crime any time and anywhere based upon the insanity, but shall not consider any other conviction, as "conviction" is defined in this article, that occurred more tAeR than ten !.1Ql years before the date of the application, and shall not consider any conviction that had been set aside by cost-conviction proceeding. Such post conviction proceedings information is also exempt from subsection 119.07(1), Florida Statutes, (Public Record's Law) disclosure. An individual ever havinq been classified a habitual traffic offender. habitual felony offender. habitual violent felony offender or violent career criminal is prohibited from operatinq a vehicle for hire in vehicle for hire service. or to hold a PVAC issued certificate to operate. and any such classification that occurs after the individual has been issued a PVAC issued ID and/or certificate to operate shall automatically cancel such ID and certificate, and shall render that individual forever ineliqible to operate any vehicle for hire in Collier County or hold a PVAC issued certificate to operate pursuant to PVAC authorization. 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) Vehioular manslaughter; or ~ taj Reckless driving; or @1 tej 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 and No Time Limit Determinations are: 16 Underlined text is added; Struck Through text is deleted. !ID (7) Murder, any manslaughter, armed robbery, armed buralary. arson. kidnappina. cariackina. home invasion. agaravated stalking, agaravated child abuse. aaaravated abuse of an elderly or disabled adult. or assault with a deadly weapon.:. Of Also any 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 ill t8t Section 784.011, relating to misdemeanor assault, provided the victim of such assault was a minor and/or Section 784.03, Florida Statutes, relating to misdemeanor battery, provided tRe each victim of the battery was a minor; or lID fQj Each felony listed in Chapter 784, Florida Statutes, irrespective of the age of any victim of any such felony; or lID. f4G) 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 i1ID f4-B Section 787.02, Florida Statutes, relating to false imprisonment of a child under the age of thirteen (13) unless the child was the driver applicant's child; or .L111 ~ 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 f1ll (431 Any felony violation of Chapter 790. Florida Statutes, involving the use or possession of a firearm. or am: violation of Subsection 794.011 (2), (3), (4), (5) or (8), Florida Statutes, relating to sexual battery; or @ f-+4t Subsection 794.05, Florida Statutes, relating to unlawful sexual activity with certain minors; or 1.M1 ~ Section 796.03, Florida Statutes, related to procuring person under the age of eighteen (18) for prostitution; or !.1ID ~ 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 f1.Q1 ft7} 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 .L1.D (48j Section 827.03, relating to child abuse or aggravated child abuse; or {.WL(4-Qj Section 827.04, Florida Statute, relating to contributing to the delinquency of a child; or llID ~ Subsection 827.071 (2), Florida Statutes, relating to use of a child in sexual performance; or (20) ~ Subsection 827.071(3), related to promoting a sexual performance by a child unless t.he driver applicant can prove to the PVAC that the conviction did not involve the driver applicant directing any such sexual performance; or 17 Underlined text is added; Struck Through text is deleted. !.f.ll t22) Section 847.0133, Florida Statutes, related to knowingly sell, rent, loan, give away, distribute, transmit or show any obscene material to a minor; or (22) ~ 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. f6f @ Exemptions. There shall be no exemption reoarding any individual who has ever been classified as a habitual traffic offender. habitual felony offender. habitual violent felony offender and/or violent career criminal in Florida or in any other State or territory. 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 PVAC 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 from each ten 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 crime 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, and (viii), the applicant's then present state of sanity if the applicant had ever been acquitted anywhere of any crime because of that individual's insanity, or had ever been judicially declared, or had ever been medically certified, to be insane. The PVAC may impose restrictions upon the applicant's vehicle for hire driving activities. tGj till The PVAC may consider evidence offered by others in support of or in opposition to granting an exemption and driving activity restrictions. te) ill Notwithstanding any other provision in this Ordinance, the PV AC's decisions regarding exceptions, exemptions and restrictions shall be final and shall not be eligible for appeal or other review by the Public Vehicle Board. ffj 19J. If a then approved driver is convicted of any of the aforesaid crimes, the certificate holder shall not permit the driver to operate any vehicle for hire in Collier County. In the event that a driver's license is suspended or revoked, or a driver is convicted of any of the above-listed offenses, regardless of adjudication, the certificate holder and the driver shall notify staff in writing of the suspension, revocation or conviction immediately upon the driver or the certificate holder becoming aware of such conviction. The certificate holder shall maintain a permanent registry containing information on the identity of each driver permitted to operate a permitted vehicle under the certificate holder's authority. Said permanent registry shall be available for inspection and/or copying by the County during the certificate holder's regular business hours. 18 Underlined text is added; Struck Through text is deleted. 00 fbl "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, and includes acquittal of any crime (felony or misdemeanor) because of insanity of the defendant; 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 jailor other local detention facility, including juvenile facility. Sec. 142-38. Consumption of Alcohol or Controlled Substance by Drivers. No driver of a vehicle for hire shall consume any alcoholic beverage or any controlled substance or be under the influence of any alcoholic beverage or controlled substance while driving on duty. Sec. 142-39. Refusal of Passenger to Pay Legal Fare. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles governed by this article after having hired the vehicle. It shall be unlawful for any person to hire any vehicle for hire with the intent to defraud. Sec. 142-40. Advertising Services by Collier County Certificate Holders. It shall be a violation of this article for any person or entity that is required to have a certificate to operate in Collier County to advertise in Collier County a service that one is not then certificated to provide in Collier County. All advertisements for any such vehicles for hire services printed or contracted for after July 31, 1994, Januarv 31. 2007 and published in a telephone directory, 9f newspaper, internet. business card. brochure. fiver or other substantiallv similar advertisement distributed or published in the County shall include the applicable Collier County certificate number. Each certificate holder shall ensure that the applicable certificate number is provided to the publisher for inclusion within the text of each advertisement. There shall be no advertising in Collier County in any name except the name to which the certificate is issued by the PVAC or Florida reoistered fictitious name. No advertisement in Collier County shall indicate the availability of any type of service(s) that will not be provided immediately in Collier County. Sec. 142-41. Use for Immoral Purposes. No person shall use, or permit any person to accompany or useJ. a vehicle for hire for the purpose of prostitution or lewdness or to transport or offer or agree 19 Underlined text is added; Struck Through text is deleted. to transport any person with knowledge or reasonable cause to believe that the purpose of such transporting is for the purpose of prostitution or lewdness. Sec. 142-42 - 142.50. Reserved. DIVISION 2. CERTIFICATE AND PERMIT TO OPERATE. Sec. 142-51. Certificate and decals required; sub-certificates. (a) No person shall operate or permit a motor vehicle owned, leased to, sub-contracted by, or otherwise controlled by that person or entity to be operated as a motor vehicle for hire upon any street in the county without having first obtained a certificate to operate. No vehicle for hire, including sub-contracted vehicle for hire, shall operate under any county certificate unless that vehicle is displaying a current color coded vehicle decal permanently affixed to the left inside outside bottom corner of the windshiold rear window and on the top outside riaht corner of the front windshield left side of tho rear bumper. All such decals except short term special event decals have a duration not to exceed one year. All vehicles for hire, including subcontracted vehicles, must display the required decals, which decals must be removed from the vehicle by the driver or certificate holder immediately following suspension or expiration of the decal, or, if applicable, suspension or revocation of the operator's or the person's or entity's certificate. Vehicles subcontracted for short term special events may display a temporary sticker, issued bv staff. which shall be removed immediately following the termination of the short term special event. (b) Sub-certificates. If a certificated individual or entity, for any legitimate business reason(s), requests issuance of a sub-certificate from the PVAC, the PVAC may issue one or more sub-certificates requested by the applicant subject to supplying staff with written proof that the sub-certificate shall be owned only by the owner(s) of the related full certificate, and that the sub-certificated operations shall operate only from the same geographic location(s) as the operations authorized by the related full certificate. 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 only 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 20 Underlined text is added; Struck Through text is deleted. PVAC for good cause in the specific case. The PVAC may from time-to-time enact resolutions to adopt rules applicable to sub-certificates provided no such rule conflicts with this article. Throughout this article, references to a "certificate" shall include each related "sub-certificate" unless that construction would lead to an absurd result. Sec. 142-52. Application for certificate to operate. (a) An application for certificate shall be filed with the PVAC 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 address of the applicant's corporation, name and address of all directors and officers, articles of incorporation and all amendments thereto along with a certified copy of the certificate of incorporation. (4) The names and addresses of all persons or entities holding a ten percent or greater beneficial interest in the applicant's business or company. Failure to disclose such interest shall be grounds for the denial of the application of any applicant or revocation of any certificate. (5) Business telephone number and, if applicable, e-mail address and FAX number. (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 the county. Each individual or entity must comply with this requirement to be eligible to be issued its PVAC certificate for 2006 or prerequisite to transfer its certificate or permit prior to that time. The preceding sentence shall not apply only to the two currently PVAC certificated vehicle for hire businesses that had "taxi," "cab" or "taxicab" in their trade name as of December 11, 2002. Each person or entity planning to operate under 3 fictitious name shall attach to the applioation a notarized oopy of the ne'l.<spaper notioe published in acoordance '.\lith F .S. ~ 865.09. 21 Underlined text is added; Struok Through text is deleted. (7) The name, color scheme, and monogram or insignia to be used to designate the taxi or taxicabs of the applicant. An applicant for taxicab certification shall also submit a colored sketch and/or photograph of the vehicle color scheme, lettering, monogram and/or insignia. A colored sketch and/or photograph of the monograph of the monogram or insignia, lettering size with the color scheme of the lettering, vehicle color scheme, and top light design which shall conform to regulations issued by this article. The color scheme and monogram or insignia shall be unique and readily distinguishable from the color schemes and monograms or insignias previously approved for prior applicants. Any changes to an approved color scheme, monogram, or insignia must be approved by the PVAC. (8) The experience of the applicant in the transportation of passengers in the form of a typewritten and signed experience statement. (9) The minimum and the maximum number of vehicles planned to be operated and controlled by the applicant and the location of proposed depot(s) and/or terminal(s). (10) If operating under a fictitious name, attach proof that said name has been reoistered with the State of Florida a notarized copy of proof of advertising to the applioation in acoordance '."lith Section 865.09, Florida Statutes. A separate certificate to operate is required for each fictitious name. (11) The required certificate of insurance or verification from an insurance company authorized to do business in Florida that the applicant is insurable and that an insurance policy meeting at least the minimum standards set forth in this article shall be issued if and when the application is approved. In each instance submission of a certificate of insurance must precede the issuance of a vehicle permit. (12) 1\ sohedule of proposed fares, rates, and/or oharges other than taxi metored rates (at the then applicable rates as specified pursuant to Artiole). (4-3j @ A current credit report compiled for the applicant by a nationally recognized credit agency, and if the applicant is a business entity in existence for less than one year, a current credit report for each owner compiled by a nationally recognized credit agency. f+4) f.11l Two credit references including at least one bank or financial institution where the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such period is shorter than one year. If the applicant is a business entity in existence for less than one year, two credit references including at least one bank or financial institution where the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such period is shorter than one year. 22 Underlined text is added; Struck Through text is deleted. ~ M A list of criminal convictions for which the applicant, owner, directors, officers and managers have been found guilty, regardless of adjudication, in Florida or any other state of the United States, indicating the offense, the date and the state. Applicant shall also sign and submit a criminal historv/backaround verification request form provided to the applicant by staff. f-1-&) f.1ID. The name of all managers. ~ !.12l Application must be accompanied by the required application fee. (b) On the filing of the application, said application shall be reviewed by the County Manager, including any necessary verification of statements within the application, for: (1) Completeness of the application and applicant's compliance with this article. (2) Consideration of the taxicab color scheme to preclude confusion by the riding public and to prevent infringement of a then current certificate holder's color scheme. Sec. 142-53. Issuance of the Certificate to Operate. (a) All applications for a certificate to operate must be reviewed and approved by the PVAC at a public meeting. Persons shall be allowed to speak and provide relevant information regarding an Applicant's qualifications to provide transportation services. If the PVAC finds that after review of the application, public comment, if any, and relevant information, the Applicant is fit to provide transportation services and conforms to the provisions of this article, then the County Manager shall issue a certificate to operate stating the name of the Applicant. If the PVAC determines that the Applicant is not fit to provide transportation services or does not comply with the requirements of this article, the application for a certificate shall be denied. The reasons for the denial shall be stated in writing to the Applicant. The applicant may appeal an adverse decision by the PVAC to the Public Vehicle Board for a review of the PVAC's denial to the applicant. After review of the application, the Public Vehicle Board may issue the certificate, or refuse to issue it, or may issue a certificate with such modifications, or conditions as the Public Vehicle Board may deem appropriate. No certificate shall be issued to any person or to any applicant who has or whose owners, officers, directors or managers have been found guilty or have been convicted, regardless of adjudication, within the then past five (5) years of any of the following: any crime relating to the provision of transportation services, any crime which is designated as a felony, any crime involving the sale or possession of any controlled substances as defined by Section 893.03, Florida Statutes, called the Florida Rico Act; also exposure of the sexual organs aM or any other crime under Chapter 796, Florida Statutes, "Prostitution". No certificate shall be issued to any Applicant who has an owner or an officer or director who was an owner, officer or director of a vehicle for hire business which had a certificate 23 Underlined text is added; Struck Through text is deleted. revoked in the then past twelve (12) months. No certificate shall be issued to any Applicant whose credit report indicates facts and circumstances showing a failure to promptly pay bills related to vehicle for hire business. (b) An Applicant shall pay the required certificate fee within 30 days of the approval of the Application for a certificate pursuant to this Section. Failure to pay the required fee for the certificate shall be deemed as withdrawal of the Application and will result in the revocation of the approval of the Application for the Certificate. Prerequisite to being issued a certificate, each Applicant for a certificate must view staff's power point presentation regarding this Article (if not previously viewed by such individual). (c) Upon issuance of a certificate and as a requirement for maintaining a certificate in good standing, continuously maintain a place of business in Collier County at all times that such vehicle for hire business in County has sufficient situs or presence in Collier County so as to be required by the Collier County License Tax Ordinance to have a Collier County occupational license. Irrespective of where occupationally licensed, each holder of a Collier County Certificate shall continuously maintain a telephone number (at a local phone call rate) to enable potential customers from Collier County to call to obtain information and/or vehicle for hire service. (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 outside bottom windshield glass corner of the rear window and the other decal at the right outside top windshield glass corner (driver's side) of the vehicle's front window. 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, the certificate holder shall remove the vehicle decal and provide all remnants of such removed decal to county staff. 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. (e). Only two vehicles for hire may be operated from a residence as a home occupation and such vehicle(s) shall not come and go from the residences so that the trips exceed normal residential vehicle traffic. All vehicJe(s) for hire that are operated from the respective home occupationally licensed residence 24 Underlined text is added; Struck Through text is deleted. must be operated only by County approved operators who then actually reside within that residence. (t). Each certificate holder shall notify the County Manager in writing within ten days of any change in the business address and/or telephone number, and shall take all actions, if any, required or authorized by the then applicable Collier County Occupational License Tax Ordinance. (g) Each taxicab shall be required to display a uniform and distinct color scheme on all permitted vehicles. All such schemes shall be subject to receive prior review and approval from the PVAC. Sec. 142-54. Minimum insurance requirements. (a) The following insurance requirements are intended to be minimum~ and do not imply or represent the necessary amount of coverage for any vehicle or particular operator or driver of the respective vehicles for hire. All certificate holders operating a vehicle for hire shall have in full force and effect motor vehicle liability insurance for each taxicab vehicle for hire owned by, leased to, or otherwise controlled by operating company equal to or greater than $100,000.00 $125.000 for bodily injury to anyone person, $300,000.00 for bodily injuries to more than one person which are sustained in the same accident, and $100,000.00 for property damage sustained on one accident. Said insurance shall be primary coverage that must injure to the benefit of any person who shall be injured or killed, or who shall sustain damage to property proximately caused by the negligence of the certificate holder, all drivers, and all masters, servants and agents. Nothing in this article shall be construed to waive applicable state or federal laws, if any, which then require a higher amount of minimum insurance coverage or other insurance requirements including Sections 324.021. 324.031. and 324.032, Florida Statutes. If a county permitted vehicle for hire ceases to be covered by the full insurance specified in this article, the county permit for that vehicle shall immediately and automatically thereby become null and void and shall remain null and void unless and until the required insurance is again in full force and effect. Vehicle permits decommissioned for vehicles temporarily taken out of service shall be granted a 90 day insurance lapse period with proof of the insurance cessation date before a renewal permit fee is required, except where subsection 142-57(2) applies. Except for new certificates or sub-certificates, these insurance requirements shall become effective 60 days after the effective date of this article or as each certificate holder's or vehicle permit holder's policy comes up for its next renewal, whichever is later, but not later than 365 days of the effective date of this article. (b) An original certificate of insurance shall be filed with staff and shall have as an agent thereon an insurance company authorized to do such business in Florida. The certificate of insurance shall contain the names of all businesses under which the certificate to operate holder is doing business. The category of 25 Underlined text is added; Struck Through text is deleted. each motor vehicle for hire shall be specifically stated on the certificate of insurance. The certificate of insurance shall include a schedule of all vehicles covered. Said insurance policies must be issued for a minimum of one year and shall cover each vehicle in use in the county. Certificates of insurance must indicate that the board of county commissioners is named as an additional insured. Further, said insurance policies shall be endorsed to provide for a 30 day prior written notice to staff of any material change, including any reduction in the amount or scope of coverage, non-renewal, termination, cancellation, or expiration. The certificate holder shall notify staff immediately after one or more permitted vehicle(s) for hire is/are removed from the then applicable insurance coveraae and/or when one or more permitted vehicle(as) is/are transferred to insurance coveraae from one insurance policy to another insurance policy. and/or when any reauired insurance is no lonaer fully in effect. Sec. 142-55. Certificate fees, permit fees and conditions; renewals. (a) No certificate shall be issued, continued in operation or renewed unless the holder thereof has paid an annual nonrefundable certificate fee for the privilege of engaging in the motor vehicle for hire business, presents to staff a copy of a valid and active Collier County occupational license for each such site in Collier County that is then required by law to have an occupational license, and has paid in full all fines, fees and charges imposed directly or indirectly by this Article. The prescribed fee shall be adopted by resolution of the Board of County Commissioners. Said certificate shall be in effect from the period of February 1 through January 31 and shall be in addition to any other license fee or charges established by proper authority and applicable to said holder or the vehicle or vehicles under his operation and/or control. The fee shall not be prorated for a fractional part of the year. Upon expiration of the certificate, a new certificate must be applied for pursuant to the procedures outlined in this Article. It shall be a violation of this Article to operate any regulated service without a valid certificate that authorizes the respective services. Prior to the expiration of said certificate, the certificate holder must renew its certificate pursuant to the provisions of this article. If all provisions of this article are complied with, the County Manager will reissue a certificate in compliance with this article. (b) Vehicle Permit. Before any motor vehicle shall be operated under any certificate, the certificate holder shall apply for and receive from the County Manager a vehicle permit. Each permit request shall be in writing and shall, by the applicable vehicle registration and/or other documentation, contain the name and address of the certificate holder, the make, type, year of manufacture, serial number, state license plate number, category of vehicle, approved taxicab color scheme if a taxicab, and seating capacity of each vehicle for which a the respective vehicle permit is applied for. Each vehicle shall comply with all terms as set forth at the time of certification. Prior to the issuance of the vehicle permit 26 Underlined text is added; Struok Through text is deleted. the following documents are required upon submission of each request for vehicle permit: (1) Proof of insurance in the form of an original certificate of insurance including a schedule of covered vehicles. (2) Proof of proper vehicle registration in any of the following forms: a. A valid copy of the Florida Department of Highway Safety and Motor Vehicles registration certificate. The state vehicle registration certificate must classify the vehicle as a vehicle for hire commercial vehicle; b. A notarized Florida Department of Highway Safety and Motor Vehicles notification of transfer or registration license plate transferring an existing license plate classified as a vehicle for hire; or c. If applicable, any commercial registration legally authorizing the vehicle to operate in Florida, Le., apportioned registration. (3) An affidavit signed by the certificate holder stating that the vehicle to be permitted meets the safety standards as required by this article. Said affidavit shall have been issued not more than 30 days prior to the issuance of the vehicle permit. Any vehicle that has failed to meet the standards set forth in this article must be removed from service until all safety standards are complied with. (c) Each vehicle permit shall automatically expire on January 31 of each year unless renewed upon payment of the prescribed fee, submittal of the above documentation and presentation of a valid occupational license for the permit year. If the applicant is required to have a Collier County occupational license (or licenses) pursuant to the Collier County Occupational License Tax Ordinance, such Collier County license(s) shall be presented to staff, otherwise a then active occupational license from one adjacent Florida County or from one municipal corporation within an adjacent Florida County must be presented to staff. The prescribed fee shall be as established by resolution of the Board of County Commissioners. It shall be a violation of this Article to operate any vehicle for hire without a valid (unexpired) vehicle permit. (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 bottom windshield glass corner and on the left hand side of the vehicle's rear bumper clearly visible when viewed from directly behind the vehicle. All vehicle decals except temporary decals for sub-contracted vehicles must be affixed to the vehicle for hire by staff. Vehicle decals shall be made of such material that after being affixed to the vehicle cannot be removed without being destroyed. Upon the sale or transfer of a vehicle or upon expiration of the permitted period, the certificate holder shall remove the vehicle decal and thereby destroy the decal. 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 27 Underlined text is added; Struck Through text is deleted. 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. (e) Sub-contracted vehicles must obtain and display a temporary vehicle permit and temporary decal at a cost of $5.00 per day per vehicle. Securing such temporary vehicle permits and decals shall be the responsibility of the certificate holder. Sub-contracted vehicles and drivers shall comply with all sections of this article except those that clearly apply only to applic3tions f-or applications for issuance of original certificates or renewals. (f) Applications for a vehicle permit for any vehicle not owned by the certificate holder who is making application must be accompanied by a written vehicle lease agreement between the owner of the vehicle and the certificate holder. The application must also include proof of insurance covering each leased vehicle. All vehicle lease agreements must be approved by the Code Enforcement Department before issuance of a vehicle permit. (g) Each taxicab shall be required to display a uniform and distinct color scheme on all permitted vehicles. All such schemes shall be subject to receive prior review and approval from the PVAC. No permit shall be granted to any certificate holder to operate any taxicab covered by this article. (h) After a permit has been issued, neither the color scheme, name, trade name, monogram, insignia, lettering, or any other similar outwardly visible physical aspect of the vehicle shall be altered or modified without approval of the County Manager, including signage or advertising. Sec. 142-57. Suspension or Revocation of Certificate. (a) Suspensions. The certificate issued under this provIsion may be summarily suspended by staff and the vehicle's decal be summarily removed by staff if it is determined by staff that such suspension is required to protect the physical safety of any person(s) individual, or there exists is a violation of subsection (3), (4) or (5), below. The certificate holder my may in writing to staff request an expedited appeal to the PVAC of staff's suspension, and the PVAC shall hold an appeal hearing thereon as soon as practical. The PV AC may sustain, modify in whole or in part, or reverse staff's suspension. In all other instances the certificate issuod under this provision of this 3rticlc may be revoked or suspended only by the PV^C enforcement board or Special Master and only after hearing if the holder thereof Ra5: (1) Violates any other provision of this article; (2) Discontinues operations of all vehicles for more than 30 days for unscheduled services, and seven days for regularly scheduled services; 28 Underlined text is added; Struck Through text is deleted. (3) Has .!2een convicted and found guilty, regardless of adjudication, of a crime listed in &lbSection 142-37f9t or in subsection 142-53(a) of this article, or has ever been classified as a habitual traffic offender, habitual felonv offender. habitual vicious felonv offender or violent career criminal pursuant to any Federal Law. Florida Statute. or substantiallv similar statute of any other State or territory. (4) Has made false statements under oath, in the application, or in any other document required by, or submitted pursuant to, this article; or (5) Knowingly permitted any vehicle for hire to be operated as a vehicle for hire in violation of any law or this article. (b) Revocations. No certificate shall be revoked except after a public hearing by the PVAC enforcement board or Special Master by applvino this Article. The certificate holder may appeal (by certiorari) to the PV/\C any suspension or revocation of its certificate to a court of law as then authorized by law. but shall not provide any vehicle for hire services in Collier County during the summary suspension period or revocation. A hearing before the PVI\C enforcement board or Special Master on suspension or revocation shall take place at a regularly scheduled meeting or special meeting of the PVAC the administrative forum. After revocation of a certificate, no application for certificate submitted by an owner, officer or director of the certificate holder being revoked shall be accepted or considered for a period of twelve! 12} months from the date of the revocation if the prior certificate holder is eligible to be issued another certificate. (c). Appeal to PVAC of Staff Denial of Driver's ID. Refusal bv staff to issue or renew an applied-for a driver's ID may be appealed in writino to the PVAC. The appeal shall be limited to appellant's arouments that the refusal was not authorized bv the supportino facts applied to this Article. The PVAC cannot reverse the refusal if the denial was authorized by applyino the underlvino facts to this Article. Sec. 142-58. Disciplinary Proceedings. (a) Each complaint of a violation of this Article, including any other County Ordinance referenced in this Article, or although not referenced in this article, is independently applicable to the respective vehicle, individual, entity, building, structure, or parcel of land, that is regulated by this Article or such other Ordinance shall be made only to the code enforcement board staff employee. The employee is authorized to refer such complaint to the Code Enforcement Board or to the Special Master. Procedural rules applicable to the Code Enforcement Board and/or the Special Master will apply to cases referred ta by the Code Enforcement Department. (b) With assistance of staff, the complaining party should attempt to specify with particularity which section(s) of this article, other applicable 29 Underlined text is added; Struok Through text is deleted. 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 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 is warranted, the Code Enforcement Department shall refer the case to the Code Enforcement Board Department or Special Master for enforcement. (d) If the violation is a continuing condition, including 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) and the deadline date when written proof of the cure must be delivered to staff. Failure to make all such corrections as required and failure to notify staff within the prescribed time period shall result in an automatic civil fine of one hundred and five dollars ($105) per day of such failure(s) to meet the noticed deadline dates. Notwithstanding any other provision in this Article, AU all then available remedies, penalties and charges shall apply for # the respective enforcement forum when the respective case is referred to and enforced by the Code Enforcement Board or the Special Master. However, to the extent, if any, that there is then a conflict between the fines specified in this Article and those rules, the fines specified in this Article shall control with regard only to violations of this Article. (e) 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 Issuing 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. Failure to cure the conduct, continuing 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 one hundred and five ($105) dollars for each day after failure to meet the deadline date and/or failure to deliver such proof to the Code Enforcement Department's staff. (f) Mandatory Fines for Specific Violations of this Article. ill Added Fines. If 'l:ithin three hundred ::md sixty five (365) days of any violation of this /\rtiole, the same violator commits a separate in time second violation of the same or any other provision of this Article, the added fine shall be two hundred and fifty dollars ($250). If \\'ithin three hundred and sixty five (365) days of any seoond violation of this I\rtiole by the same '.'iolator, the violator 30 Underlined text is added; Struok Through text is deleted. commits a separate in time third (or more than a third) violation of the same or other provision of this Article, the added fine shall be fffilf five hundred dollars ($400) ($500). "Added fine" means the otherwise applicable fines for the violation plus the added fine. After he.:lring on .:lny suoh In addition. a third (or more) violation by the certif1c.:lte holder violator that occurs within three hundred and sixtY-five (365) days of that violator's last prior violation shall result in another added one hundred ($100) fine. and the violator's certificate to operate may be suspended by the code enforcement board or by the Special Master for up to sixty (60) calendar days. (2). Insurance Requirement Violation. A five hundred dollar ($500) one thousand dollar ($1000) fine shall apply to each violation of Section 142-54 of this Article (the minimum insurance requirements). (3). No Valid PVAC Issued Certificate to Operate. A five hundred dollar ($500) one thousand dollar ($1000) fine shall apply when an individual operates a vehicle in vehicle for hire service while not having been issued operatina the vehicle for hire pursuant to a then effective PVAC certificate to operate~ and said violator individual shall not be eligible to be issued a PV/\.C oertif1oate to operate to operate a vehicle for hire for three hundred and sixty-five (365) days following the last date of such violation. (4). Operating Vehicle For Hire Vehicle Without A Valid PVAC Issued Driver's 10. An individual who operates a vehicle in vehicle for hire service without a then effective PVAC issued driver's ID shall be fined five hundred dollars ($500) for a first violation. and be fined one thousand dollars ($1.000) for a second separate in time violation. and such violator shall not be issued a PVAC driver's 10 for three hundred and sixtY-five (365) days after the last date of such second separate in time violation. The penalties for a third no valid driver's ID violation shall be a two thousand dollars ($2,000) fine and shall render that individual forever barred to be issued a PVAC driver's ID for three hundred and sixty five (365) days after the last date of suoh violation. (5). No Valid Florida Operator's Permit. A driver who operates a vehicle in vehicle for hire service without a then effective Florida operator's permit that authorizes all such driving shall pay a five hundred ($500) one thousand dollar ($1000) fine for a first violation. The fine for a second separate in time violation of this provision shall be two thousand dollars ($2000) and the violator shall Hat never be issued a PVAC driver's ID until three hundred and sixty five (365) days after the date suoh indi'.'idual beoomes authorized by his/her Florida operator's permit to operate the applicable '1ehiole(s) for hire in tho respective vehicle for hire servioes. (6). Certificate Holder's Failure to Notify Staff When Driver Becomes Disqualified. The entity certificate holder must notify the County's code enforcement staff in writina of disqualification(s) of each vehicle for hire driver within one (1) weekday after any officer. manaaer. or manaaement level 31 Underlined text is added; Struck Through text is deleted. employee of that entity becomes aware of the driver's disqualification. The fines for a first failure to notify violation shall be twenty-five dollars ($25) for each day after the first business day. The fines for a second violation shall be fifty dollars ($50) per day. The fines for a third (or more) violation shall be seventy-five dollars ($75) per day. Four (4) or more violations by an entity certificate holder within any five (5) year period can also result in suspension of that entity's certificate to operate for UP to thirty (30) by a code enforcement board. special master. or court. (7). Driver's Surrender of 10 and Certificate Upon Disqualification of Authorized Driver. A vehicle for hire driver who is convicted of a disqualifying crime. or is disqualified by a disQualifyina determination (that causes that PVAC certificate to operate and/or that driver's ID to thereby become void). shall deliver that 10 (and if applicable that driver's certificate) to staff within three (3) staff workdays after that driver becomes aware of the conviction or the disqualification. If the driver is also the certificate holder. the driver must also concurrently surrender that certificate. The fine for the driver's failure to surrender the ID by the required deadline date shall be five hundred dollars ($500). If the driver is also the certificate holder. the driver's fine shall be an additional five hundred dollars ($500) for not concurrently surrenderina that certificate. Also. the driver shall not be issued a PVAC issued ID and/or certificate until five (5) years followina the date of the actual physical surrender the ID. and. if applicable. that certificate. to staff. (g) 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, building, structure, or land that is then regulated by any of the same, may be enforced by the Code Enforcement Department pursuant to Section 1-6 of the County's Code of Laws and Ordinances. See also Section 142-60, below. Refer to subsection 142-~ ~, above, with regard to the superiority of specified mandatory fines for violations of this Article. (h) References to Rules. Reaulations and Laws. All references in this Article to laws. ordinances. rules and/or reaulations that are renumbered shall automatically be deemed to refer to all items as renumbered. Sec. 142-59. Renewal of certificates. The county manager shall attempt to notify all certificate holders in writing of the annual requirement to renew certificates to operate by mailing such notice by regular mail to the business address of the certificate holder as then shown on the records of the PVAC. Renewal registration of certificate to operate shall be under oath and shall include the name or owner, central place of business address, proof of insurance, and valid registration. Proof of the insurance issuance of a vehicle for hire occupational license is required prior to approval of a renewal certificate, and such certificate shall only be issued when the holder 32 Underlined text is added; Struck Through text is deleted. thereof has paid the annual occupational license fee as then set forth in the county's occupational license fee schedule. Failure to pay the annual occupational license fee shall result in automatic expiration of the certificate. Expiration of a certificate shall require a new application for a certificate pursuant to the provisions of this article. Sec. 142-60. Judicial Penalties for Violations of Chapter 142. Section 1-6 of the Collier County Code of Ordinances is applicable throughout this Chapter 142 except there shall be no imprisonment for any violation of Chapter 142 except for contempt of Court. To assist in enforcement of this article, staff may request assistance from the Sheriff's Office and/or from the State Attorney's Office as staff deems appropriate in the specific instance. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective upon receipt by the Florida Department of State. 33 Underlined text is added; Struck Through text is deleted. This crdinow', ','--) v"ith th0 Secretary of ,S~'"jt,:,':..~ (){1'!C'~~ h,-. 22.-dGY of ~---1 ~ and acknDwicc!Gement of the: t filing received this ~ day o~ ~ y LA'L~\J 'Jrudk DePl CIE!'1c Thomas C. Palmer, Assistant County Attorney STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2006-59 Which was adopted by the Board of County Commissioners on the 12th day of December 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of December 2006. r'1'=T/" . DWIGHT E. BRQ.CK:....J. y"'lA. Clerk of Cotirts,.\9;nd Clftik . .'!;,... '. . '." Ex-officio.to:':..'Boa'rcl,'of ~ . r- " .:' ',' "".)d 'f @county mIi1ig~fioner~.;'" . ~ . L~ . ..'. .~k . Jc.\('r.t\.' . By: Teresa Dili"'afd, '. Deputy Clerk. ;