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Ordinance 95-66SUPERSEDING COLLIER COUNTY ORDINANCE NOS. 86-59, 91-93,': 93-14t ~3-15 AND 94-30; ALSO A3~ENDING DEFINITION OP "VEHICLE PERMIT" IN SECTION 142-26; A/~ENDING SECTION 142-29 TO EXPRESS THE COUNTY'S AUTHORITY TO LIMIT THE NUM3ER OF VEHICLES FOR HIRE T~AT MAY OPE~.ATE FROM WITHIN COLLIER COUNTY; AMENDIN~ SECTION 142-30 TO PROVIDE FOR ~ ~TE~ATE BO~D M~ER; ~ENDING SECTION 142-33 TO APPLY ~DITION~ BT~S TO ~L V~ICLE FOR HIRE DRIVERS; ~ENDING SECTION 142-40 REG~DING SERVICE ~VERTIS~ENTB; ~ENDING SECTION 142-51 TO REQUIRE T~T A VEHICLE FOR HIRE CERTIFICATE MUST BE DISP~YED ON THE RE~ BUMPER; ~ENDING 142-52(C} TO REQUIRE T~T NO CERTIFICATE TO OPEraTE B~L BE ISSUED TO ~Y PERSON OR ENTITY T~T WILL NOT ~VE A PE~ENT PLACE OF BUSINESS WITHIN COLLIER COUNTY; ~ENDING 142-54 TO INCREASE MINIMUM INSU~CE REQUIREMENTS; ~ENDING SECTION ~42-55 TO C~T A ONE MONT~ G~CE PERIOD TO REN~ A CERTIFICATE ~D TO REQUIRE T}~T VEHICLE PE~ITS C~OT B~ REMOVED FROM A VEHICLE WIT}{OUT T}{E PETIT ~EIN~ P]{YSICALLY DESTROYED; ~ENDIN~ SECTION 142-57 TO PROVIDE T}~T THE COUNTY ADMINIST~TOR }~Y SUSPEND CERTIFICATE TO OPE~TE TO PROTECT ~Y PERSON AGAINST POSSIBLE PHYSIC~ ~ 0R THE ~SENCZ OF REQUIRED MINIM~ INSU~CE; ~ENDING SECTION ~42-5S TO T~SFER JURISDICTION FOR FROM THE ~O~D OF CO~Y CO~ISMIONERS TO THE PUBLIC VE~ICLE ~VISORY CO~ITTEE; ~DIN~ SECTION ~42-~8 TO FROVIDE T~T COUNTY CODE'S GENE~ PEN~TY PROVISIONS (SECTION 1-6) APPLY TO C~PTER 142 EXCEPT NO IMPRISO~E~ FOR ~Y VIOLATION OF C~PTER 142; REPEALING ORDIN~CE NOS. 86-59, 91-93, 93-14, 93-15, ~D 94-30; PROVIDING FOR CONFLICT ~ B~E~ILITY; PROVIDIN~ FOR INCLUSION INTO THE COUNTY CODE; ~D PROVIDING ~ EFFECTIVE DATE. ~EREAS, Collier County's Vehicle for Hire Ordinance (Chapter 142 of the County's Code of Ordinances) is comprised of five separate ordinances, and, MEREAS, the Public Vehicle Advisory Committee (PVAC) reco~ends that those five ordinances be consolidated into this single ordinance; and ~EREAS, the PVAC reco~ends, to assist law enforcement personnel to readily distinguish vehicles for hire tha= have been certificated by Collier County from other motor vehicles, each Collier County certtflcated vehicle for hire must display a permit sticker on the left side of the vehicle's rear bumper addition to being displayed on the vehtcle's left front windshield; and ~EREAS, the PVAC reco~ends that this Ordinance specify that the Board of County Co~issioners, pursuant to Section 125.01(1)(n), Florida Statutes, acknowledge its statutory authority to limit the number of vehicles for hire that may -1- Words ct=uek--~h are deleted; words underlined are added. lawfully operate f[om within Collier County; and WH~R~ASt the PVAC recommends that administrative hearings regarding alleged violations of this Ordinance be held by the ,. PVAC rather than the Board of County Commissioners sitting as the Public Vehicle Board; and W"~=REAS, the PVAC recommends that this Ordinance be amended to authorize all of the penalty provisions specified in Section 1-6 of the County's Code of Ordinances except imprisonment; and ~[HBREAS, the PVAC recommends that non-substantive changes be made throughout the ordinance as noted by underlines and strlke-throughs herein~ a~d N~EEREAS, the Board of County Commissioners accepts the recommendations of the Public Vehicle Advisory Committee. NOW, THEREFOR=, B= IT RESOLVED ~Y TH~ BO~J{D OF COUNTY COMj~ISSION£RS OF COLLIER COUld# FLORIDA tbat~ SECTION ONE: Collier County Ordinance No. 86-59, as amended by Ordinances Nos. 91-91, 93-14, 93-15, and e4-30, ~s codified as Chapter 142 of the Code of Laws and Ordinances of Collier County. This ordinance amends said Chapter 142 as specified herein and repeals and supersedes Collier County Ordinance No. 86-59, as amended. ARTICLE I. IN GENER3%L. ~ec. 142.1 - 142.2S. Reserved. AJ{TICLE II. TAXICABS AND CBJu4TER SERVICES DIVISION 1. G=NBR~LY Bee. 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 for a certificate to operate. -2- Words :truuk t4~ are deleted~ words~U~Lhb3~are added. Certificate m&Ans a Collier County certificate to operate that Grants ~an~i.~ written authority under this article to an ~pwner to operate a motor vehicle for hire companywithin Collier t-he~ounty. A separate certificate shall be required for each business entity operating as a public vehicle for hire company. Charter Service means any chauffeur-driven vehicle that is engaged in prearranged transportation and the rates for such transportation are based upon a predetermined hourly, daily, weekly, monthly, or door to door price. Charter service vehicles shall not be equipped with a taximeter or top light. Charter service vehicles shall include, but not be limited to, the following ~our claslifications~ (1) Sedan means a four-door, full-sized automobile capable of seating not more that five passengers, exclusive of the driver. (2} Limousine means a luxurious, large passenger vehicle, built or modified for use as a luxury limousine (e.g., forThal or extended limousine} capable of seating not more than fourteen passengers, exclusive of the driver. (3} van means a passenger vehicle recognized as either a minivan or a full size passenger van capable of seating not more that 14 passengers, exclusive of the driver. (4} Mandtcap Vehicle means a vehicle designed, constructed, reconstructed, or operated for the transportation of persons with nonemergency 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 in 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~-~{~m word "ambulance" may not be used and no representations may be made -3- Words e~k thr=u~ are deleted; words _underlined are added. that any medical ~irvice is available. The ~ word "nonemergency" must be prominently displayed on the outside of the vehicle. Cguntv Administrator includes desianees of the County Administrator except where the context logically prohibits such inclusion. Driver means any person possessing a valid driver's license ~that authorizes all resoective driving Drivileaes~ and who is currcntly then employed or permitted by a certificate holder to drive or operate a permitted vehicle for hire upon the streets of the County. Manager means any person responsible for the day to day operation of the certificate holder. Motor vebiole for hire means any motorized, self-propelled vehicle engaged in the transportation of persons upon the streets of 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. 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-u~ means whenever a passend. st/customer sits in a vehicle for hire for the purpose of bein~ trans~or~ed for a fee except §uccessive Dickin~-uD O[ the same passenger during a coDtinuous trip when the passenger departs the vehicle for a short time and the vehicle and driver wait at that location end the passenger returns and continues the trip. Public ~ehicle Advisory =ommittee (FVAC) means the five-member advisory conunittee ercatc~ existing pursuant to this articles end czta~lizhcd by Scction -4- Words e~e,~e~-~M~ are deleted; words underlined are added. Public yehiol&'~oard means the ~oard of ~ounty =ommissioners. Subcontracted vehicles means vehicles for hire not ;pecessarily based in 4~heCollier=ounty, but operating under a contract with a company that has an Collier County occupational license and a certificate to operate from Collier County. Each subcontracted vehicles must meet all standards as set forth in this article. -=nd := =;y bc ==cndc~. Subcontracted vehicles must not be operated after the time period for which the temporary vehicle pexnmi= has been issued, which shall be the length of the temporary function or s~ecial event for which~q~ =he respective vehicle for hire has/have been subcontracted. Subcontracted vehicles must have e4~Florida license tags or ~Dortioned teas. Taxicabs q~,eb--e~e not operated by a certificate holder are prohibited from being subcontracted. Taxicab means a motor vehicle. ecui~Ded with a to~ licht. designed to accommodate not more than eight passengers, exclusive of the driver, equiplcc~ wi~h = ~c[ llgh4~r operated for compensation at rates based upon the distance traveled and authorized by this article, recorded and indicated by a tax/meter in operation when the vehicle is in use for transportation of any passenger, and the route or destination of which is controlled by the passengers therein. Taxime~er means any approved internally mounted device which records and indicates a rate or fare measured by distance traysfed, waiting/standing time~ or other items of charge. All tax/meters must comply with the then most current edition of the National ~ureau of Standards Handbook 44. Temporary vehicle permit means a temporary vehicle permit issued to a subcontracted vehicle lot a short term rented or leased vehicle for h/tel that is not otherwise certified as a yChicle for hire in the ~ounty. Vehicle for hire company means any individual or entity holding a Collier County certificate to operate and which holds -5- Words c~ruck thrcug~ are deleted; words underlined are added. permits for one of'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 permit means a color coded vehicle permit issued annually to the current certificate holder authorizing the holder ~o operate for hire the motor vehicle to which the vehicle permit is affixed. One ~he vehicle permit ~e shall b~ affixed to the left side inside bottom corner of the windshield glass anda duplicate vehicle permit must be permanently affixed to the left hand side of the rear bumper. All such vehicle DermitS mU~t bm affixed to the vehicle for hire by Collier County Staff Personnel emPloYed in the Code Enforcement Department. A certificate of vehicle permit shall accompany each vehicle permit issued and shall identify the seethed permitted vehicle and the vehicle permit displayed on the windshield and on the rear bumper. A legible copy of the certificate of vehicle permit shall be placed and remain in t-he its assigned/permitted vehicle at all times until expiration of the vehicle permit. B.c. 142-27. Applicability. The provision of this article shall be applicable to and effective in b~ all now existin~ or futur~ incorporated areas and in all unincorporated areas of the ~ounty. It shall be the duty of all ~ounty and municipal {~,-~]-~nd ~ode Enforcement ~fficers to enforce these provisions within the territorial areas of their respective Jurisdictions. This division is intended, and shall be construed, as a direct regulatory measure uniform in application throughout all the =ounty. Beoo 142-28. Exemptions. (a) Any owner or transportation prorider which has been designated as the community transportation operator as defined in F.S. S 427.011 is ~ exempt from Words =tzuck thr=ugh are deleted; words ~ are added. pPcvi:i~r,= o~ this ~rticle; provided, however, that any such vehicle~ also used as e motor vehicle for hire other than .exempted uses as specified herein shall require a certificate for such non-exempt use/AL. (b) Exemot from this article ar~; Vehicles operated by a governmental agency; companies or organizations owning vehicles exclusively used for transportation of the employees or members of said company or organization; vehicles seating more than 14 passengers; and transportation activities licensed by the Interstate Commerce Commission ~ so loD~ as such vehicles are engaged solely in interstate commerce.-ePe-4~eemp%--~ (C) Discharge of passengers within ~~~ounty picked up in another county is permittedT provided that the vehicle and operator were e authorized to Dick up the respectiv~ Dassen~er/s) in the originating county and location of DiCk-UP. [d) Si~ht-seeina cars or buses. or buses operated under or ~ursuant to a franchise from the County, seo. ~42-29. Publid vehicle board. ~crcby c=t=~llzh=d a Eublic ~ehicle ~oard which shall consist of the Zoard of ~ounty ~o~issioners. ~e Zoard of ~ounty ~o~issioners, as the ~blic ~ehicle Zoard, shall have the right to license, regulate and control the rates ~ ~umber of motor vehicles for hire operating on the streets from within the ~ounty. seo. ~42-30. P~lio Vehiole Advisory Co~ittee. (a) ~=r= i= h:rc~y cr==tc] ~he ~blic yehicle adviso~ ~o~itteeT~ hereinafter referred to as the "PVAC." (b) The PVAC shall consist of five members and one alternate member; three members shall be holders of certificates of public convenience and necessity to operate a motor vehicle for hire business and two members shall be persons who are in no way affiliated or associated with any holder of a certificate of -7- Words ~et'~e~dMh are deleted; words underlined are added. public conveniencE'and necessity. Members of the ~VAC shall be appointed by and serve at the pleasure of the Eublic ~ehicle ~oard. Said members shall be permanent residents and electors of the County. Appointment of members to the PVAC shall be by resolution of the Eublic ~ehicle ~oard, which resolution shall state the date of appointment and term of office. member shall vote only in the absence of a adorum because conflict of interest or absence of members. e~F~~ntcd tc '~- PV~C ~ur=uant t= ..... ~" ordinance S~-~ =hall =crvc ='at tholr r=m=ining tcrmu. (c) ~e County Administrator shall designate a member of his staff to serve as liaison and to coordinate with the PVAC. (d) The functions, powers and duties of the PVAC shall be to: (1) Review and approve applications for e~ certificate to operate, De~it. etc.. pursuant to this article. (2) Review and approve taxicab color-schemes pursuant to (3} Review and make reco~endations to the Eublic Xehicle Zoard regarding issues related to the motor vehicle for hire business~~ zll~cd ':iolati=n= of thi= (4) Hold meetings at least quarterly if there is business to be conducted before said co~ittee. {53 Conduct hearings as appropriate. ~eo. 142-3%. Unlawful operation. It shall be unlawful for any person to operate or to petit operation of a motor vehicle for hire in Collier County violation of any cf ~ provisionlsl of this article. Se~. 142-32. Minim~ vehiule standards. (a) It shall be unlawful for any person to operate or for any person or any vehicle for hire entity to permit the operation of a motor vehicle for hireT unless the following minimum vehicle -s- Words utruck t.h~ are deleted; words underlined are added. standards are complied Wit' ~r exceeded and the vehicle is maintained in proper ope:..ing condition: (1) Speedometer, and taximeter if applicable, properly installed, in good working order and exposed o the view of both the driver and the passenger. me Taximeter ust be ltahted a~ all times whenever a Dassen~er is being transported for hire in the vehicle. (2) Interior must be clean, sanitary, free from torn upholstery or torn floor coverings and free from damaged or broken seats. Seat covers shall be permanently attached or fixed to the seat of the vehicle, and have no exposed wire or sharp edges from metal, -e~ hardened vinyl. or otherwise. The rear teat must be of a type, size and mounting approved by the vehicle manufacturer. No broken springs, sagging or horizontal slippage is allowed in either seat. Floor covering material shall be secure and shall contain no rips or lose folds. The vehicle floor shall be free from rust and holes. (3) All doors must have operating handles that allow opening from both inside and outside. Handles, knobs and armrests must arc to 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 bad odors from entering the passenger compartment from outside. All door panels must be intact to prevent nccld~ntal injuries on door and window mechanisms. (4) Vehicle must be structurally sound and mechanically operable with a minimum of noise and vibration. (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 Enulish and Arabic numerals prominently displayed as specified in Sec. 142-34(b~. (7) Properly functioninq interior light. --~hich -9- Words e{~e~-~k are deleted; words underlined are added. (8) Vehicle for hire must be free of hazards, including but not limited to, slippery floors, sharp edges, and unpadded interior door head clearances. No loose objects or externally mounted speakers shall be placed on the deck behind the rear seat. No decorations or other objects will be permitted to hang ~-e---pe~e.,tly mount:~ flxtur=~ in taxicabs. (9) Exhaust emission must be free of smoke. {-Pem cxcc:=i-$c uzc of oll There shall be no leakage of ~a= fuel at~-~e ~a=kct=, manifold =~ cxh=u:t lln: ;:=k=t, muffl:r :r~ M~n~~ any e point in the vehicle's exhaust system. ~e tail pipe shall discharge exhaust from the rear or sides of the palsenger~ luggage compartment. No part of the exhaust system may pall through or leak into the vehicle. ~f the v~cl= o==u~=~ ~y [====ngcr=~ (10) Tires shall be of the correc~ size ~ approved by the veh$cl~ manufacturer, with no mismatched size tires on the vehicle. ~ere shall be no ~ts into the tire cord or sidewall area~ nor~spots that expose the ply. No tire ~ I= ~c=mlttcd on ~h!=h less than 2/32 inches of tread remain~ when measured in any two groves at three equally spaced intervals around the circumference of the tire~ ~en the tire has tread wear indicators, no tire shall have ~c ~ w~ indicators that contact the road in any two groves at three equally spaced inte~als around the circumference of the tire. (11) Steering mechanism and dtrectional signals must be maintained in operating condition. Steering mechanisms shai1 not be worn or Ja~ed~T ~~ere ~ be more ~an two inches play to the left or right of centefT measured at the steering wheel rim with the road wheels in a straight ahead positionT on wheels up to lS inches in diameter, or three inches of play on wheels over 18 inchesq. '10- Words e%~z~-~$~ are deleted; words underlined are added. (12) VehiCle permit[ must ll/~ be properly displayed. (13) All vehicles for hire shall be equipped with ~roperly operating air conditioning and heating systemS. (14) All vehicles for hire Must ~c irrcompli~nee comply with all aRD/dkfab/~ounty ordinances and all aDolicable Florida =tare and federal statutes. Vehicles that have been modified. such as stretch limousines. must meet all state and federal standards aoDlicable to such modified vehicles. Seat belts ape t-e--be i.-~)l~'~4ng cor~iti=n must operate andbe easily accessible toby all passengers. F=r the [urpoc= of t.h~e eec~io~T~eat belts whofeb--hay= bc=n=~laccd that are under the seat or between the lower and upper portions of the seat are not easily accessible. (15) Each certificate holder shall be responsible for ensuring that each vehicle for hire owned, operated, ~ or otherwise controlled by it complies with applicable state and federal laws, rules, regulations, and standards regarding motor vehicle safety equipment and devices. Every certificate holder shall cause every vehicle for hire that it owns, operates. leases or controls to be inspected at least once every six months to ensure that each vehicle for hire complies with the minimum vehicle standards of this article and Y.S.= Ch. 316, Florida Statutes. The certificate holder shall maintain a permanent registry containing information on the identity of each vehicle for hire inspected, the date of the inspection, and the nature of any deficiencies or defects discovered, remedial action or service performed, and the name of the inspector. Said permanent registry shall be available for inspection and/or copying by the County during the certificate holder's regular business hours. A vehicle for hire which falls to meet the operating and safety requirements of this article, ofF.St Ch. 316, Florida Statutes, a~d e~ other applicable law, rule, eP and regulation shall not be operated for the transportation of passengers for hire until -11- Words ~ are deleted; words underlined are added. while such defect ~ deficiency exists. hcc~bee~-ee~kq~r (b) All corrections or repairs required in order to comply ~ith the minimum vehicle standards set forth herein shall be accomplished within 15 days from notification of the violation. Notification of any such violation of mlnlm'~n ';chlcl= =tnn~i~e shall be in writing and beclth=r hand delivered or delivered by certified mail, return receipt requested. me date of receipt of the notice of violation shall commence the running of the a~ 15-day period. Failure to correct any such violations ~!clc =t=.~d:rde within 15 d~v~ shall be consldcrcd a violation of this article. 0so. 142-33. Drivers' ~eM~b service standards. In accepting passengers, ~ no vehicle [or ht=e driver shall H discriminate on ~ grounds of race, color,~ national origin, ~ender. relL~ton. creed. Dolttics. or afftlta~ton with any ~rouD. Drivers may refuse service to any person who is dtsorderlyT or to any person who causes the e driver to have a reasonable apprehension of fear for his property or for his safety. {b} No shall refuse to accept any Dessender deslrinu se~Ice because of short or lon~ haul destination. T=xlu=b Drivers shall transport passengers to their destination by the most direct available route from the place where the passenger enters the eb vehicle for hire unless a different route is requested~ the initiative of ~ the passenger. ~=o person shall be admitted to a t=xic=b vehicle re= h~r~ octpied by a passenger without the consent of the passenger. Itcmlzcd .... x_~ ..... ~. =hc~ing hi: far= and :u~ UDOR request, a receipt shall be given by the driver on conclusion ~ of the trip, showing the name of the driver, vehicle number, -12- Words ~ are deleted; words ~are added. year, month andT d~te, the starting time, the place of origin and destination of the trip, the amount of fare collected, a~ the number of passengers, and the total miles or units accumulated during the trip. fd3 No driver shall use abusive lan~uaae or be discourteous to any Dessender, Ce] No driver shall operate a vehicle for hire whose vehicle permit or certificate has been suspended or revoked. Of] No driver shall solicit any Passenear for any hotel. lounae. niGhtclub. restaurant. bar. boardinahouse. or any other commercial establishment. f~l Personal Droparty left in any vehicle for hire shall b~ retained for ninety (90~ days. after which the Droparty may ~- considered to be abandoned if the notice reauirements of Chanter 705. Florida Statutes. have been met, See. 142-34. Desi~natton of vehicles for hire. (a) All taxicabs utilized by the resDectiV~ certificate holder shall be painted in cc~nform_=nc; 'zlth the color scheme pPop~=cd--b}L the ;=rtlflcatc~ h=ldcr =nd ~, approved by the PVAC. piPoil= vchlzlc =dviz=ry ccmmltt==. aullAny changes in color scheme must comply with the procedures outlined in subsection 142-52(a)(7). Toe name of the certificate holder i= ~shallbe clearly displayed on the cab in lettering which is at least three inches in height and is clearly visible. t= nny nn~ =ii cuc~cmcr~ The lettering must be permanently affixed to the vehicle. Magnetic signs are not permitted. All taxicabs must have a permanently mounted top light at leas~ ten inches wide and four inches in height~ . Th= t=~ l~ht mu:t ~ mounted on the roof of the cab and illuminated with a tell-tale light indicating when the cab is occupied. ~ (b) SCHEDULE OF FARES, ~e ow~er/operator shall post the schedule of fares and charges in the taxicab, which ~nd the schedule shall be clearly and conspicuously visible to e -13- Words ~ are deleted; words ltll~ are added. passongeri. The Q6rds "rate," "rates" or "rates of fare" shall proceed the rate statementv. whichS~hG r=~= =t=~cmcn% shall be ~,fully informative, self-e~lanatory, be readily understandable by the ordinary passengerrand b e the same as that rate for which the taximeter is calibrated. me rate statements-a~ shall =It~ be of a pemanent character or be protected by e suitable transparent Drotective cover material. {c} ~~ Each taxicab shall be e~ipped with a taximeter that meets ~ all specifications, tolerances, and other technical requirements for taximeters reuuired by ~ ~he then most current version of Mandbook ~.44, National Bureau of Standards. ~e face of every taximeter shall at all times be visible from ~he taxlcab'l passenger compartment and shall be illuminated so~ passengers may ascertain the amount of fare registered by the taximeter. ~e signal affixed to any taximeter shall never ~~ indicate that the taxicab is vacant when~ such taxicab is engaged by a passenger. It z~hall ~unl=wful t=~operate any taxicab~ unless its taximeter has been inspected and found to be accurate~ ~n~ i= in satisfacto~ operating condition, and sealed pursuant to F.S.-~. 531, []orida Statutes. I~ =hall ~= ~h~~ach taxicab petit ~~ have the taximeter in good working condition and operating accurately. == =c rzgi=tr=tlon -' _ .... ~ .......... Such meters shall be sealed ~n = m~nn:r that 'Jill ~prevent any person other than a Oerson authorized under Ch. 531. Florida Statutes. from e~ changing the adJustmen~ of same. shall be a Violation of this article unl=~ful fcr any .... ~--~ .... ~' to operate a taxicab when a taximeter does not accurately register the correct mileage rate. as pc=tc~ on the ~hedulc cf farcz diz~l=ycd in th= taxicab.- Evidence of breaking '14- Words ==ruth t.hr~ug.h are deleted; words~are added. of an official tailmeter seal e~~.~or agr4en~~ shall be een:tltut= prime facts spvtdence that e §uch taximeter does not accurately register the correct mileage rate. ~ J-~ CHARTER SERVICE VEHICLES. T= c.-ns~rc th=t t.~e ~ ccnfu=ion ===.~ ~h= tr:v=ling ~ubllo~ ~harter semite vehicles shall not be painted in the same color scheme of any pemitted taxicab, Sedan and limousine charter service type vehicles may ~ display the certificate holder's trade name on~ the front license ~late of the vehicle and/or in letters not to exceed three inches in height ~nd affixed to the area exclusively limited to storage of baggage behind the rear most seat, No lettering t$ ~ De~tted on any glass, ~arter se~ice vehicles shall not ~lace any type or fom of light device , ....... x,.. :fflx~ ~- the v:hic!:~ or have such a light within the ~o:==~:1on c[ ~h: intertot of the vehicle, excluding betn~ transoorted tem~orarflv within the trunk area. 5ec. 142-35. Schedule of taxicab rates and charges. {a) Rates and charges b}' :vz:r= =n~:~=~ of charter under contract to provide long-tom se~tces ~ ~h=ll not ~ regulated ~xce~t that. -Only c=:h f=rcz In%'=Iv1~ other taxtca~ ~ are regulated. He Charter service vehicle o~erator shall transport or offer to transport any Dassen~erfs} under any rates except its regular charter se~1ce rates. which rates shall not be Drotated, discounted. divided. or othe~tse reduced so as to resemble any tDXt~ab =Dtes. There shall be no extra charge for handlin~ lu~aue or baudage. (b) The following 1s the schedule of maximum rates I= hcrcby ~llc~ for taxicabs operating in the ~ounty: (1) For the first one-tenth mile of fraction -15- Words e~ruck thr=ugh are deleted; words underlined are added. ther~df ................................. ~1.75 C2) For each add£tional two-tenths ~Ze of fraction thereof ........................ 0,30 (c) me following maximum charges are ~^--~ ...... ~'~-~^~ in addition to the maximum rates set forth in subsection (b) hereors $24.00 maximum per hour standing/waiting time with a minimum rate and lnter~/al of tlme of not less than $0.20 per 30 seconds, not to exceed $0.40 in one minute in accordance with the time elapsed on the taximeter. (d) Rate change procedures. (1) The Public Vehicle Board mayT from time to timer require t~ owners and operators of taxicabs to appear before the p~~h~!= ndv~==~' hH~ed PVAC at a public hearing ~ ~T~H>se--~ ~ revlew~ theft ra~es for reasonableness. S=I~ ~wners and operators may petition the ~bli: vch~:l= :~v~=:ry ~ PVAC for a revlev of their rates. (2} Prior to a public hearing pursuant to this section and upon reques~ from ~ the ~bZfc Vehicle Board or from taxicab owners, the ~ounty administrator :r hi: dc:~gnc= may invest/gate and prepare a report concerning the then existlag rates. The report shall constder~ th= financial and operatlng reports that are submitted by c=ch operators to detem~ne operating ratios, revenues, expenses, and the potential impact of~ proposed rate changes. For rate-making purposes, the ~ounty ~dmtnlstrator or hi: '--x .... w~11 not conslder any cost ln~ed in the acquis~tlon of a llcense or pollflea1 contrtbutlons. Costs which w~l~ ~be considered ~n r=~= :~';~I:: w~11 include vehlcle operatlng~ maintenance and repalr expenses, salaries of drivers, dispatchers and supe~sors, Dlus insurance costs, taxes, and administrative expenses. (3) The report from the =ounty Admtnlstrator~ dczlgnc= shall be revlewed by the PVA~ publi= vchlclc =dv~sor7 ~mmlttcc. ~c ~~~i~ ;dvi:cry co~;it~cc which shall -Z6- Words etruch '~ ..... ~ are deleted; words underlined are added. then make a recou~dation reaardina rate adjustments to the ~ublic ~ehicle goard~~ (4) The Eublic ~ehicle ~oard shall within 60 days after receipt of the staff and PVAC recommendations, schedule a public hearing concerning the proposed rate change, at which hearing all interested parties shall have an opportunity to be heard. The Eublic Xehicle Zoard shall consider the staff report and recommendation, the PVAC~S l~ebllc vchiclc =~vizor]' c==~i~.tcc recommendation, and all evidence produced at the hearing, and by resolution shall determine and set the appropriate rates as may be in the public interest. Appeals of the Eublic Xehicle aoard's decision shall be to the =ircuit =ourt of the 20th ~udicial District in and for 4~e Collier County in accordance with Florida Appellate Rules. Sac. 142-36. Daily maUifelt or trip log re~uired. Every motor vehicle for hire owner or operator shall maintain a daily manifestl~ltrip logIT upon which he shall promptly and legibly record the following information: name of the driver, vehicle number, year, month andT date, the starting time, place of origin and destination of each trip, the amount of fare collected and the number of passengers of ~ach triD during an operator's driving period. All =u=h completed manifests shall be returned to the owner of the business by the operator at the conclusion of his/her tour of duty. ~e forms for each manifest shall be furnished to the operator of said owner. Certificate holders and drivers shall not destroy, mutilate, alter or otherwise deface anv e~ daily manifests for at least three (3) years wlthou~ Drlor wrltten approval fromill the =ounty Admtnlatrator. Said manifests shall be available for inspection and/or copying by the =ounty~ during the operator's regular business hours at the oDerator's Place of business in CQllier County, for a period of not less that three years ycaP after the date of the respective manifest. -17- Words e~ are deleted; words ~nderltned are added. Seo. 142-37. Driv&f Standards. (a} Eafa All drivers of a motor vehicles for hire mus~ ~old a current and valid commercial driver's license ~ in said driver's name issued by the ~tate of Florida. or by any other state of~ the United States lif the driver operates a vehicle for hire in more than one stateI. The respective driver's license must authorize all twes of drivtn~ bein~ conducted by the respective driver. (b) Every certificate holder shall be responsible for ensuring that each of his driveri verifies at least every months by sworn affidavit delivered to the certificate holder that such driver he has not been found guilty or convicted, regardless of adjudication, of any of the following crimes within the then past three years~ {1) Murder, manslaughter, armed robbery, assault with a deadly weapon, aggravated assault; (2} Any crime involving the sale or possession of any controlled substances as defined by ~.Z.- ~893.03, Florida Statutes; (3) The Florida RICO Act, currently ~ 895.01 throggh 895.06, Florida Statutes; (4) Driving ~hile intoxicated or under the influence of drugs or any other alcohol or drug related offense; {5) Vehicular manslaughter; (6) Reckless driving; (7) Exposure of the sexual organs emiorany crime defined under ~?6? Ch. 796, Florida Statutes, pertaining to prostitution. {c): If at any time it is determined that the driver has been convicted of any of the aforesaid crimes, the certificate holder shall not permit the driver to operate any permitted vehicle under his authority in Collier County. The certificate holder shall maintain a permanent registry containing information on the -18- Words e%~te~--~rPeep~ are deleted; words underlined are added. identity of each a~iver permitted to operate a permitted vehicle under his authority. Said permanent registry shall be available for inspection and/or copying b y the county during the certificate holder's regular business hours. This section shall not apply to any driver employed by a certificate holder as of March 29. 1993Len. ~hc cffcc=ivc d=~= of the ordlnnncc fc= 'Jhlch fi.~JA~g= Of 9"Uilt or--eon. vlct~:M~--eee*rz~f~&ez~--~--edePticn Sec. 142-38. Consumptio~ of alcohol or oontrolled substanoes by drivers. No driver of a motor vehicle for hire shall consume anv alcoholic beverages or any controlled subetancee-e4--e~ ~f =ny-emount whc~=oeqe~ or be under the infXuence of any alcoholic beveraoe or controlled substance while on duty or while drivingAx--~-be-~ndcr the influcncc'3f--em, v =Iceboll= borer=g== er--ee.t-z~llcd cubctcncc=~ Seo. 142-39. Refusal of passengers 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 Intent to defraud~4h~e pet~e~P-~)a-~hcm it i= hir=~ cf the vcluc of thc :cryleo. Seo. 142-40. Advertising the services, It shall be a violation of this article to advertise in Collier County a service that one is not then licensed to provide in Collier County. All advertisements for vehicles for hire services printed after July 31, 1994, In a telephone directory or newspaper distributed in the County shall include the lME//Zab3a 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 advertisinc in Collier County in any name except the name -19- Words e4~h are deleted; words Underlined are added. to which the cert'i~icate is issued bv the PVAC. No advert~sina in Collier Coun=v shall indicate the ava~labil~tV. O[ any tYPe of service{s) that will not be provided immed~atel~ in Collier Seo. 142-41. Use for immoral purposes. · e No person shall permit any person to accompany or use l~aeh ~u~li= =~== a vehicle for hire for the purpose of prostitutionT or lewdness~ee~se~J~m4~ or to transportT or offer or agree to~transport any e~rhe~ person with knowledge or reasonable cause to believe that the purpose of such d%eee%~, ~=}:i.'K~ transporting is for the purpose or pros=l~utto~ lewdness~~ 8ea. ~42-43 - I42.SO. Rese~ed, DIVIBION 2. C~TIFICAT= TO OPE~TE. Sea. 142.51. Retired. It zh=ll ~c znlnwf=l for operate or ~ pemit a motor vehicle owned, leased to, or otherlee controlled by him to be operated as a motor vehicle for hire upon~~ streets ~i~hl~ ~=ounty without having first o~ained a certificate to operate~ . havina a current color c~ed vehicle permit Demanently affixed to the left inside bottom corner of the wtndshield~ left side of the rear bumDer of everv~vehicle for hire o~ operated by him or authorized by him the =ounty. r:ilur: ~= ~ffIx Beo, 142-52. Application. (a) An appltca~ion for certificate shall be filed with the Eubltc Xehtcle ~oard on rome provided by the =ounty hdministrator. -- ~- ~cui~.cc There will be a nonrefundable application fee for each certificate. The prescribed fee shall -20- Words ;~ruck ~hrough are deletedl words M/l~are added. be adopted by res~Xution of the ~oard of =ounty Commissioners. The application fee shell be verified under oath and shall l~urnish the following information: (1) If an individualT£ name and address of the applicant. (2} If a partnershti>rl name and address of the applicant's business; names and addresses of all partners. (3) If a corporatton-rl the exac~ cozyorate name and business address of the applicant's corporation, names and addresses of all directors and officers, Articles of Incorporation and all amendments thereto along with a certified copy of the ~ertificate of lncorporation must be submitted. (4) The names and addresses of any and all persons 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. (6) The trade name under which the business will operate. The trade name under which the applicant intends to do business shall not be lL~ap/]~ similar to the trade name of any other then current 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 is required for each trade name. No initial certificate shall be Issued to' any business that has "taxi" or "taxicab" in its name unless it will immediately be Drovidin~ taxi service in Collier Countv. (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 ~rritten description of the color scheme along with a colored sketch and/or photograph of the color scheme. A colored sketch and/or photograph of the monogram or insignia, lettering size with the -21- Words struch through are deleted; words MIEn are added. color scheme of t~& lettering, and top light design which shall conform to regulations issued by this article shall also be ~ubmitted. The color scheme and monogram or insignia shall be unique and readily distinguishable from the color schemes and monogram or insignias previously approved for prior applicants. A~y changes to an approved color scheme, monogram, or insignia must be approved by the PVAC. ~bllc ..^~x_~ (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 maximum number of vehicles planned to be operated and controlled by the applicant and the location of proposed depotilk andZXZ= terminal/el. (10) If operating under a fictitious name, attach a notarized copy of proof of advertising to the application accordance with F.Sr S865.09. Florida StatuteS. A separate certificate to operate is required for each fictitious name. (11} Applicant must provide verification from an insurance company authorized to do business that the applicant is insurehie and that an insurance poliq meeting at least the minimum standard set forth in this arl:tcle shall be issued if and when the application is approved. If the application is approved, submission of a certificate of insurance must precede the issuance of a vehicle permit. (12) A schedule of proposed fares, rates, and/or charges. (13) A current credit report compiled for the aool~caqt by a nationally recognized credit agency ~=r the ;p[IIc=nL, and if the applicant is a business entity in existence for less than one year, a current credit for each owner compiled by a nationally recognized credit agency issued not later than 90 days from the date of application for any credit bureau. (14) Two credit references including at least one bank -22- Words =truck through are deleted; wordlun~LU~are added. or financial inetl~ution where the applicant has maintained an active account for at least one year or the longest time for ,which the applicant hal maintained an active account in a financial institution if such period is shorter than one year. If the applicant is a business entity in existence for less than one year, two credit references including at least one bank or financial institution where the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such period is shorter than one year. (15) A list of criminal convictions for which the applicant, owner, directors, officers and managers have been found guilty, regardless of adjudication, in~%~--e%e%e or any other atate of the United States, indicating the offense, the date, and the state. (16) The name of all managers. (17) Application muat be accompanied by the required application fee. (b) On the filing of an application, said application shall be reviewed by the ~ounty Administrator =r ........ ~ .... , 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 confusionbv~e~ the riding public and toprevent infringement of a current owner's color scheme. See. 142-52. Issuauce. (a) All applications for a certificate to operate must be reviewed by the PVAC ~bli= v;hi=l= vGhi~l= zdvi=cry =;-_mi~tc= at a public meeting. The public shall be invited to speak and provide relevant information regarding an Applicant's qualifications to provide transportation services. If the PVAC -23- Words :truck t.hroug.h are deleted; words underlined are added. ~bi-I " finds that after review of the application, public comment and other relevant information~ the ~pplican~ is fit to provide traneportation sarvicae and conforms to the provisions of this article~en~ the t-h.= ~_~bll= Vchfcl= ~__x .... shall issue a certificate 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. ~e reason[s) for the denial shall be stated fn wrftin~ to the applicant. The applicant may appeal an adverse decision by the PVAC ~~==~-C.=~t~== to the =ublio Mehicle ~oard for its review of the PVAC's denial to the applicant. After review of the application, the Public Vehicle Board may issue a certificate, or refuse to issue it, or may issue a certificate with such modifications, or conditions as the ~ublic Xehicle ~oard may deem appropriate. req~ Notice of approved certificates shall be published at least once each year in a newspaper of general circulation within the County. 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 convicted, regardless of adjudication, within the ~he~ 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 controlled substances as defined by r.=~ ~893.03, Florida Statutes, called the Florida RICO Act, exposure of the sexual organs a~any crime defined under Ch. 796, r.Z. 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 company which had a certificate revoked in the then past twelve (~2) -24- Words ~k thr~ug½ are deleted; words Underlined are added. months. No csrti~cate shall be issued to any Applioanta~MI-44 i Fee-~ whose owner's credit report Indicates facts and circumstances showing a failure to promptly pay vehicle for hire related bills. --pPes~p~ly~ (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 a Cer~iftcate shall be deemed as the withdrawal of the Application ~ the Applicant and wtll result in the revocation of the approval of the Application for the Certificate. (c} Upon issuance of a certificate and as a requirement for maintaining a certificate in go~ standing, each ce~tftcate holder shall obtain an oc~pattonal license, continuously maintain a central place of business in Collier County, at which place he shall provide a properly listed telephone number~fo= recelv= ~ =II calls for se~tce, and shall keep such business records ~ as are retired by this article Including manifests described in Section ~42-37{c) and Inspection redtarries described in subsection 142-32(15]. Only one vehicle for hire may be oDerated as a home occupation and that vehicle may not come and ~o from the residence so tha~ ~he triPS exceed home1 residential vehicle traffic. It shall also be the responsibility of every certificate holder to notify the ~ounty Administrator ~wlthtn ten days of any change 1~ the business address andior telephone number. Beo. 142-54. Minlm~ tusuranee re~trements. (a) The following Insurance requirements are intended to be mlntm~ and at= --' ~ .... ~_~ ~_ z ..... ==y b= rc~ ~ not represent ~ the necessa~ amount of coverage for a~ particular operator. All certificate holders operating taxicabs shall have in full force and effect motor vehicle liability Words e~,-~4~e~ are deleted; words underlined are added. insurance for eacW 'taxicab owned by. leased to, or othervia6 controlled by oDeratfnG comoanv equal to or greater than ~emo~n~ 6~ $100.000.00 for bodily injury to any one person, ~J~ S300.O00.OO for injuries to more than one person which are sustained in the same accident, and $100.000.0Q for property damage sustained in one accident. All certificate holders operating charter service vehicles shall have in full force and effect motor vehicle liability insurance for each charter service vehicle equal to or greater than ~ $100,000.00 for bodily injury to any one person, $300,000.00 for injuries to more than one person which are sustained in the same accident, and in the amount of ee^ 0OO.COa~M~L~j~ for property damage sustained in one sc$ldent. Said insurance shall inure to the benefit of any person who shall be injured or killed, or who shall sustain damage to property proximately caused by the negligence of the certificate holder, his masters, seaants ~and agents. Nothing in this section shall be constr-ued to waive e~ applicable state or federal laws~ if any, which require a higher amount of minimum insurance. (b) An original certificate of insurance shall be filed with the Compliance ~el-vice ~epartment of the ~evelopment ~ez-vices Division and shall have as an agent thereon an insurance company authorized to do such business in 4~ Florfda. certificate of insurance shall contain the names of all businesses under which the certificate to operate holder is doing business. The category of JAE~l_~3~la~aamotor 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 · 4~lnthe =ounty. Certificates of insurance must indicate that the ~oard of County Co.~unissioners is named as a certificate holder. Further, said insurance policies shall be -26- Words e~ are deleted; vords~t~ are added. endorsed to prowida for S0 days notice by registered mail to the compliance service department of the ~evelopmente ~ervices ~ivision of any material change, cancellation, or expiration. seo. 142-55. certificate fees, petit fees end conditions. (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. The prescribed fee shall be adopted by resolution of the ~oard of ~ounty ~ommissioners. Said certificate fee shall be In effect for 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 applic~ble 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. All for-hire certificates which are not renewed prior to February I shall automatically eNl~fe become a Drob~i0nary certificate and unless renewed shall automatically expire as of Hatch I vhereby n~a all for-h~re transportation services rendered thereunder shall immediately cease as of r~eb*u~ry I Hatch 1. Any certificate renewal between February 1 and the last da~ of February shall require payment of an ~S.00 per day late re~ewal ~ee from February 1. Upon expiration of the certificate on MaTch 1, a new certificate must be applied for pursuant to the procedures outlined in this article. ~ It shall be unlawful to o~erate any regulated service without a valid certificate. 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 articl~ dJAe are complied with, the ~ounty Administrator ~ ~_ ~^_x .... will reissue a certificate in compliance with this article. ~x..x_~^_~ (b) Vehicle Permit. Before any motor vehicle shall be operated under anX ~nitl=l z=r~fl===c, or r=ncvzl certificate, -27- Words s=ruc]: ~hrcugh are dele~ed; words MJl~are added. the certificate Holder shall make application for and receive from the County administrator e,~h~-4~e{~m a vehicle perT~it. ~ach perT~lt application shall be in ~rritingT and shall contain the name and address of the holder, the make, type, year of manufacture, serial number, state license plate number, categor-f of vehicle for hire, approved taxicab color scheme, and seating capacity of each motor vehicle for which a permit is desired. Each vehicle shall comply with all terms as set forth at the time of certification. Prior to the issuance of a vehicle permit the following documents are required upon submission of an application for vehicle permlt~ (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 state department of highway safety and motor vehicles registration certificate. The state vehicle registration certificate must classify the vehicle as a vehicle for hire commercial vehicle; b. A notarized state department of highway safety and motor vehicles notification of transfer of registration license plate transferring an existing license plate claseif~ed as a vehicle for hire; or c. Any commercial registration legally authorizing the vehicle to operate in the state, i.e., apportioned registration. (3} An affidavit signed by the certificate holder stating that the vehicle to be permitted meets the safety standards as required by this article. Said affidavit shall have been issued not more then 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 Words ~ are deleted; wordedare added. until all violations are corrected. {c} Each vehicle permit shall A~faEaijLt~ expire on ~,~n~ary 51 Hatch1 of each year, ~unless renewed upon payment of the prescribed fee, submittal of the above documentation and presentation of a valid Collier County occupational license for the permit year. The prescribed fee shall be adopted by resolution of the ~oard of =ounty commissioners. It shall be unlawful to operate any vehicle for hire without a valid vehicle permit. (d) Vehicle permits shall be color coded for each permitting year, February I Co January 31. ~ach vehicle permit shall be separately numbered. The vehicle permit shall be permanently affixed on each assigned vehicle's left inside bottom windshield glass corner end on the left hamd side of the vehicle's r~ar bumper Clearly visible when viewed from directly behind the vehicle. Vehicle DermitS shall be made of such material that after heine affixed to the vehicle cannot be removed without beige destroyed. Upon the sale or transfer of a vehicle or upon expiration of the permitted period, the certificate holder shall remove the vehicle permit from the vehicle and thereby destroy same. The certificate holder shall be responsible for notifying the ~ounty Administrator =r h~= ~==~gnG= in writing within ten calendar days of any currently valid vehicle permit removed from a vehicle. Vehicle permits shall be transferable only ~ the event of the replacement of an existing vehicle upon proof of purchase of new vehicle and discontinued operation of the previously permitted vehicle. Each new vehicle must meet the requirement of this section prior to its being operated by the certificate holder. Should a permitted vehicle at any time cease to be covered by a policy of insurance as required by this =c==~on article, the permit for that vehicle shall be automat~call~ null and void and be destroyed. ~mmc~;~cly rc='urncd ~o ~hc co~z c.-~-e~ccm~n~ ~cF~r~cn~. Vehicle permits -29- Words e~ee~r-~4v~e~ are deletedy words underlined are added. voluntarily ~e%~" decommisstoned for vehicles temporarily taken out of service shall be granted a i;90-day insurance lapse period with proof of the insurance cessation date before a vehicle permit renewal fee is required, except where subsection 142-57(2) applies. (e) Subcontracted vehicles must obtain and display a temporary vehicle permit at a cost of $5.00 per day per vehicle. Securing such temporary vehicle permits shall 'w~ll be the respons~bility of the certificate holder. Subcontracted vehicles shall comply with~llsectione of this article. (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 covertng%hel~l_3aiJ/~ vehicle. All vehicle lease agreements must be approvedby the ~ode 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. pu~lx .... ~x_~_ _~..x ........ x~__ No permit shall be granted to any certificate holder to operate any taxicab covered by this division whose color scheme, name, trade name, monogram or insignia is in conflict with~-e~ is an imitation of~ or ~s likely to be con[used v~th. an~ color scheme, name, trade name, monogram or insignia used by any other taxicab certificate holder. [h) After a oermtt has been issued. no aspect of the vehicle specified in the permit shall be altered or modi[~ed w~thout aDoroyal of the County Administrator. Bee. 142-56. Transfer prohibited. No certificate may be sold, assigned, mor=ga~d, or otherwise ~ransferred, e~mortgaged~ or the ownership structure of a -30- Words ~%~ah~h are deleted~ words~ELiZlja39~are added. corporation or pa~{nershtp which is the certificate holder altered in any manner without aDoroYal from the IM/AC. Sale or &Fransfer of stock of any corporate certificate holder resulting in a change of control of 25 percent or more of stock shall be deemed ee~44ee~ a transfer of the certificate. Each unaDDroved transfer shall be void. Sec. 142-57. Suspension or revocation. (a} The certificate issued under this provision summarily susoended by the County Administrator if he determines that such suspension is reauired to Protect the safety of any Derson(sl or that minimum insurance Te~uirements are not in effect. me certificate issued under the provision of this division may be revoked or suspended by the e~vi=o~y--b~ ~AC If the holder thereof has: (1) Violated any of the provisions of this arttcle~ (2) Discontinued operations of a minimum of one vehicle for more than 30 days for unscheduled se~tces, and seven days for regularly scheduled se~ices; (3) Been convicted or found ~tlty, regardless of adJudtcation~ of a crime listed in section 142-37 or in section 142-52 of this article. ~hlch dlr==~ly rcl~tc: (4) Made false statements under oath in the application or in any other document retired ~ this article; or (5) I~nl~y ~pemitted his vehicle to be operated in violation of any law or this article. (b) A hearing before the PVAC~II= ';;hi=l; ~==r~ on suspension or revocation shall take place a= a regularly scheduled meeting or special meet~nu of the PVAC. c;.,~,~i==!=n;r=. 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 -31- Words e~.Tuck th==ugh are deleted; words ~ are added. for a period of l~'months from the date of revocation. eeo. 142-5e, DisaiplinazTproceed~ngs. tl (a) The =ounty Administrator or hi= ~c=Ign== may initiate disciplinary proceedings against a certificate holder for violations of this article by f£1ing a sworn complaint with the cloth t= th~bc=rd =f ccunt}Lcc~=i==ioncr= Chairman of the PVAC. (b) A person who believes that a cer~cificate holder has violated this article shall submit a sworn complaint to the ~ounty administrator c~ hi= ~__a .... T~e complaint shall be in ~Z =he~n4~ea~~'4~lJ4neev The complaining party shall state with particularity which sectionlsl of this article he believes has/have been violated by the certificate holder and the essential facts in support thereof. (c) Upon submission of a sworn complaint, the =ounty ~dministrator cr hi= ~__x .... shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal changes. If charges are warranted, the ~ounty Administrator -- ~x_ ~__a .... shall file the comp~aint with the ~hairman of the PVAC :1=r~: cf the ~;=r~ =f county e~ and shall send, b~certified mail, return receipt requested, a letter to the certificate holder at his last kno~11 addreseT as shown by the records of the L~bltc [ehicle ~oard, enclosing a copy of the complaint lndicatingz (1) The name of the complainanti (2) The datefs) of the commission of the alleged offense] {3) The sections/el of this article alleged to have been violated. (4) The range of disclipinary sanctions which may be imposed upon the certificate holder, pursuant to this article, by the PVAC publ~c vchlclc ~c=r~ in the event e~ the PVAC finds a violation of this article to have occurred] -32- Words ~ are deleted] words underlined are added. (5) The'eats, time and place at which the certificate holder shall appear before the PVAC I~li= ~h!=lc boa~l for a hearing regarding the complaint. The date scheduled shal~ not be sooner than 20 days from the mailing date of the certified letter. a. The notice of hearing required by this section may, in the alternative, be accomplished by hand delivery of said notice to the certificate holder by the ~ounty Administratore~ hi= dc=ign==, or by leaving said notice at the certificate holder's usual place of residence with some person of his family over 15 years of ege (or with any person over the aue of 12 years at the cert~ficate holder's usual place of bus~ss) and informing such person of the contents of the notice. b. Notice bv~ubllcation. As an alternative ~fl ~i~i~ to providing notice as set forth above, at the option of the ~ounty Administrator zr hi= d==l~n;=, notice may be furnished by publication as follows: 1. Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county. The newspaper shall meet ruth t h e requirements of ee-e~fe Ch. 50. ~ Florida Statutes. 2. Proof of publication shall be made as provided in ~ SS 50.041 and 50.051. Florida Statutes. Notice by publication may run concurrently with, or may follow~ an attempt to provide notice by hand delivery or by mailAee-~a~e4-4~ lcl. Evidence that an attemp~ has been made to deliver or mail notice as provided in this section, together with proof of publication ....... ~a.,~- =U~Z=~=~=n b ;f ~a_ =zCti=n,- shall be sufficient to show that the notice of hearing requirements e~ %hid =cotl~n have been metv--~Pz-~~rd ~o whether or not the '33- Words e~ are deleted~ words ~Dderlined are added. alleged violator &~ed-l~recelvedactual e~ notice. ldl. Conduct of hearlng.£ (1) A~heartng shall be held concerning the (2) me proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at his own expense. ~J~~e Eounty ~ ~ shall not be responsible for any failure of recording equtpment~dur~n; ~h: c=n~=c~ =f =ny hcnri~ (3) Each case before the ~AC _..~x .... k~-~- ~==r~ shall be presented bye= ==un~y ;~;rn=}', an ===l=tan= ~ a member of the county staff. (4) Assuming proper notice of the hearing has been provided to =he certificate holder~ as provided subsection (c) of this section, a hearing may proceed in the absence of the certificate holder. (5) ~e ~AC F~bl1= vchlc1~board shall proceed to hear the cases on the agenda that day. All testimony shall be under oath and shall be recorded. ~e ~AC~Iic -:chicle bonr~ shall dc:l~, from the ce~tftcate holder alleged to be In violation in this article (if uresent~, and from such other witnesses as may be called by the respective pastes. (6) Fomal rules of evidence shall not apply, but .__~ .... ~., ,_x ....... ~ due process shall be accorded.~ .k ....... ~a___ Irrelevant, t~atertal or ~:hall ~cvcrn .... r ......... ~-. cumulative evidence shall be excluded; ~t all other evidence a type tomonly relied upon ~ reasonably p~den~ persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in the circuit courts thi= crate. Hearsay evidence may be used for the pu~ose of supplementing or explaining any evidence, but shall not be -34- Words ...... ~ '~ .... k are deleted; words underlined are added. sufficientT by itS&lET to support a finding unless such hearsay would be admissible over objection in civil actions in Flor~da circuit courts. ~l~e rules of privilege shall be effective to the same extent that they are now or herealterS reCognizedb~ the Florida Rules of Civil Procedure. ~n c£vll Cct!cn=r (7) Any member of the PVAC p~llc vehicle ~ocrd may question any witness before the ~M~ PVAC. Each party to the proceedings shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless of which party called the witness to testifyT and ~ rebut any evidence presented againstthat~-~eparty. (S) me chairperson or, in his absence, the vice chairperson shall have all powers necessary to conduct the p~MMMM~%~e~ hearing in a full, fair and impartial manner and to preserve order and decorum. (9} At the conclusion of the hearing or not later than fifteen {lS~ work days after the PVAC makes its final decision. the PVAC p~bli= vchl;l= boer_~ shall issue findings of fact based on the evidence of record~ and conclusions of law; impose disciplinary sanctionsT if warranted; and shall issue whatever FinalOrder is necessary and proper to dispose of the complaint in accordance with this article and avolicable Florida e4H~-e law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and related ~rder shall constitute the decision of the]ZY~u~l~= vch~.;=c _~=cr~_ on the case heard before the PVAC~ (10) The dectsLons of the PVAC ~u_~11c vchi~i= ~cnr~mav =h=l} be stated orally at the hearing, ]~A]Ae~ shall be reduced to writing and mailed to the parties within 15 days after the ~ea~ final decision. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related ~rder shall be made by motion approved by a majority of the members of the PVAC public vchicl= b=cr~ who are present and voting. The -35- Words struck ....... ~ are deleted; words~are added. decision of the [_~LCJ~ shall be filed with the ~lerk to the Board of County Co~u~issioners promptly after said final decision is reduced to writing. (11) Should the PVAC~bllc~.-ch~clo ~=r~ be unable to issue a decision immediately following any hearing ~ ...... ~_ ,___~x.._~ .... a_ the PVACbea~may w~thhold issuing l~s decision until a subsequent meeting. In such case, further discuss~on of the pending matter and all deliberations relating thereto~ between members of the~~bl=Ic~vnh~clc bcu=~ shall take place only at a public meeting of the ~ ~AC~ ~e PVAC ~ shall thereafter issue its decision pursuan~ to subsec~ions (d)(9) and (d)(10) ~th~s section. [~2} ~e fins1 decision of the ~AC may be a~Dealed to the Board of County Co~issioners if the appellant files the aoDeal with the Clerk to the Board of County Commissioners not later than thirty/30} days foll~inq the issuance of the ~AC's Fin~l Order. ~e aouellant must state fully all specified gr~Dds.for the aDoeal and provide to the Board of County CoMlssioners all portions of the ~AC hearina record. ~e ~AC may submit to the Board of County CoMissiOners other Darts of ~h~ h~arina record. ~e Board of County Commissioners shall consider only the record su~ttted to it in the aoDeal. Sea. 142-~9, Renewal, The ~ounty administrator~~sha11~notify all certificate holders In ~riting of ~he annual requirement to renew certificates to operate by maileD= such notice ~ Te~lar mail to the business address of the certificate holder as then ~hown on the records of the ~AC. Renewal registration of certificate to operate shall include the name of o~er, ~ place of business address, proof of insurance, and valid registration~~drcc= whore m=nlfc=~/tri~ log rccozd= arc ~c kcptlf diffcrcnt from t~~drc==~ Proof of the Words u~ru=:; through are deleted; words underlined are added. issuance of a vehfale for hire business occupational license ~s required prior to approval of a ~ ,ewe1 cer=ificate~ and such .certificate shall only be issued when the holder thereof has paid the annual occupational license fee as then set forth iN the Countv's occupa=ional license fee schedule. Failure to pay the annual occupational license fee shall result in automatic expiration of the certificate. Ex~tration of a certificate shall require a new application for a certificate pursuant to the provisions of this Division. ~le occupational license fee shall be in addition to any fee or charges established by proper authority and applicable to said holder. Sac. 142-60. Judiclll Penalties for Violations of Cha~er 142. Section 1-6 of the Collier County Code o[ OrdinanCeS is apolicable throuahout this Chapter 142 except there shall be no imprisonment [or s!~Y violetloft of ChaDtiT 142. SECTION TWOs Repeal of Existing Ordinances. nat County Ordinances No. 86-59, as amended by Ordinance Nos. 91-93, 93-14, 93-15, and 94-30, are hereby repealed in their entirety and are superseded by this Ordinance. SECTION ~{REEZ CONFLICT ~ BEVE~ILIT"f. In the even= that this Ordinance conflicts with any other ordinance of Collier County of other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any cour~ of competent Jurisdiction, such portion shall be deemed separate, distinct and lndependen= provision and such holding shall not affec= the validity of the remaining portion. SECTION FOURt INCLUSION INTO THE CODI OF LAWS/~D 01LDIN]LNCES. The provisions of this Ordinance shall become and be made a par= of the Code of Laws and Ordinances of Collier County, Florida. The sections of th~s Ordinance may be ranumbered or relettered to accomplish such, and the word "ordinance" may be changed to "sec=ion", "article", or any other appropriate wor~. -37- Words e~{~%~NN~h are deleted; words~l~are added. · h~, O~d~nance ehaZZ become effective upon E~l~ng thee O~d~nance v~Ch the Depa~=en~ of ~BS~D ~D D~Y ~~ ~ the Boa~ A~E~T'~ ..... · ,. ' .."iD~IG~. 'E,, SROa, ~ OF CO~ CO~ISSION~ ':.,~: 'A~oved '~t =~ fo~ and ~'...( .'. . Thomas C. Palm~r Ass~s~=n~ County A~orne~ Words =~r'~ch ~hrcu~h are deletedl words3nl~erl~nedare added. STATE OF FLORIDA) COUNTY OF CODDZER) X, DWXG~T E. BROCK, Clerk of Courts in and ~or the Twentieth Judicial Circuit, Collier County, Florida, foregoing is a =rue cow ORDINANCE NO. 95-66 Which was adopted by the Board of County Commissioners on the 14th day of November, 1995, during Regular Session. WITNESS my hand and the official seal of the Board of County Conunissioners of Collier County: Florida, this 20th day of November, 1995, ,. DWIGHT M. BROCK .*' Clerk of Courts and Clerk F.x-officio to Boar~ oZ " County Commissioners : /~aureen K o ** Deputy Clerk