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Ordinance 94-30· ORDINANCE NO. 94-. 3__0 ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO 3 BY AHENDING SECTION ONE, DEFINITIONS; DING SECTION FIVE, APPLICATION FOR CERTIFICA~[~ PERATE; BY AMENDING SECTION-SIX, ISSUANCE IFICATE TO OPERATE; BY AMENDING SECTION r,2 " N . o r-r. IVE DATE. ' ' ~ ~ ~ ' ''S~ WHEREAS, Collier County is authorized to regulate vehicles for hire; and WI{EREAS, it is necessary to regulate those individuals and organizations providing vehicle' for hire services in order to protect the public, health, safety and welfare. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SZCTION ONe. Scotion One of Collier County Ordinance No. 91-93 is hereby amenaled to reed as lollowes Section One. Definitions. For the purpose of this Ordinance, the following definitions shall apply: A. "Notor Vehicle for Hire" means any motorized, self-propelled Ve~icle engaged in the transportation of persons upon the streets of Collier County where the trip originated within Collier County with the intent to receive compensation for providing such transportation and shall include, but not be limited to, the classification: Taxicab, Limousine/Shuttle Service. B. "Taxicabs" means a motor vehicle designed to accommodate not more than eight (S) passengers, exclusive of the driver, equipped with a top light, operated for compensa- tion at rates based upon the distance traveled and authorized by this Ordinance, recorded and indicated by a taximeter 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. C. "Limousine/Shuttle Service" ,means any chauffeur- driven vehicle that is engaged for the use of the fare paying '1- Words un~ are added; words et~.~ek~ are deleted. passengers, which provides seating accommodations for not more than fourteen (14) passengers, exclusive of the driver, where the rates of which are based upon a predetermined hourly, daily, weekly, monthly, or door to door price. himousine/Shuttle Service vehicles shall not be equipped with a taximeter or top light. D. "Applicant" means an individual, firm, corporation, partnership, company, association, Joint venture, or any other type of organizational enterprise applying for a Certificate to operate. E. "Owner" means an individual, firm, corporation, partnership, Company, association, Joint 'venture, or any other type of organizational enterprise owning a ten percent (10%} or greater interest in an applicant for a Certificate to Operate and/or a Vehicle for Hire company. F. "Public Vehicle Board" means the Board of County Commissioners of Collier County, Florida. G. "Public Vehicle Advisory Committee (PVAC)" means the five member advisory committee created pursuant to this Ordinance to review this Ordinance and make recommendations to the Public Vehicle Board. H. "Cortificate" means a certificate to operate granting ~Tltten authority under this Ordinance to an owner to operate a motor vehicle for hire company in Collier County. A separate certificate shall be required for each business entity operating as a public vehicle for hire company. I. "l[oldar" 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. J. "Vehicle Permit" means a color coded vehicle permit isauod annually to a current certificate holder authorizing the holdmr to operate for hire the motor vehicle to which the vehicle permit is affixed. The vehicle permit is affixed to Words ~ are added; words ev~,~k-~H~h are deleted. the left inside bottom corner of the windshield glass. A Certificate of Vehicle Permit shall accompany each vehicle permit issued and shall identify the assigned vehicle and the vehicle permit displayed on the windshield. The Certificate of Vehicle Permit shail be placed and remain in the assigned vehicle at all times until expiration of'the vehicle permit. K. "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 certified in Collier County. L. "Subcontracted vehicles" means vehicles for hire not necessarily based in Collier County, but operating under a contract with a company that has an occupational license and a Certificate to Operate. Subcontracted vehicles must meet all standards as set forth by this Ordinance and as may be amended. Subcontracted vehicles must not be operatea after the time period for which the temporary vehicle permit has been issued which shall be the length of the function or event for which they have been subcontracted. Subcontracted vehicles must have Florida license'tags. Taxicabs which are not oPerated by a certificate holder are prohibited from being subcontracted. M. "Taximeter" means any approved internally mounted device which records and indicates a rate or fare measured by distance traveled, waiting/standing time or other items of charge. All taximeters must comply with the most current edition of the National Bureau of Standards Handbook 44. N. "Vehicle for Hire Company" means any applicant approved for a Certificate to Operate which holds permits for one or more Vehicles for Hire under one or more categories of vehicle for hire, 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. Q, "Manauer" means any person resDO~/~ible for the I;~~Y oi~lr~tOn of the Certificate I'iolder~ -3- Words underlined are added; words e4~z~ek--t4~ are deleted. SECTION TWO. Section Five of Collier Count~ Ordinance No. 91-93 is harsh7 amended to read as followsz SECTION FIVE. APPLICATION FOR CERTIFICATE TO OPERATE. A. An application for Certificate shall be filed with ~he Public Vehicle Board on forms provided by the County ~ ~ or his/her designee. There will be a non-refundable application fee for each Certificate. The prescribed fee shall be adopted by resolution of the Board of County Commissioners. The application shall be verified under oath and shall furnish the folioring information: 1. If Individual: Name and address of the Applicant· 2. If' partnershipz Name and. addresses of the AppIlcant's business; names,and addresses of all partners· 3. If corporation% The exact corporate name and business address~ e~ %he ~ ~ Dames and address of all directors and officers~ PadseaT tltlc=, ed~ coDies of the Articles of Incorporation, and all amendments thereto ~ ~ a certified copy of the Certificate of Incorporation must be submitted. 4. The names and addresses of any and all persons holding a ten percent (10%) or greater beneficial inter3st in the Applicant's business or company· Failure to disclose such ~ He~ ovners shall be grounds for the denial of the application of any Applicant or revocation of any Certificate. 5. Business telephone number: 3. The trade name under which the business will operate. The trade name. under which an applicant intends to do business. shall no~_3~ the trade name of a current Certificate holder. ADDroYal Of the use of a trade name does not imDlV ~he use or said trade name is legally authorized. ,oo, CB6,, ,235 -4- Words underlined are added; words ...... ~ .4 ..... ~ are deleted A separate Certificate is recuired for each trade 7. The name, color scheme, and monogram or insignia to be used to designate the taxi or ~axicabs of the Applicant. An Applicant for ~axicab certifi- cation Shall also submit a written description of the color scheme alon~ with a colored sketch and/or photograph of t~e color scheme. e h colored sketch and/or photograph of the monogram or insignia, lettering size with the color of the lettering, and top light design which shall conform to regulations issued by this Ordinance shall also be submitted. The color scheme amd monocram or insiania e~ ~ shall be unique and readily distinguishable from the color schemes and monogram or insigniae previously approved for prior Applicants. Any changes to an approved Taxicab color scheme, monogram, or insignia must be approved by the Public Vehicle Advisory Committee. 8. The e~perience of the Applicant in' the transpor- tation 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 depots and terminals. 10. If operating under a fictitious name, attach a notarized copy of proof of advertising to the application in accordance with Section 865.09, 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 in the State of Florida that the Applicant is insurable and. that an insurance policy meeting at least the -~- Words underlined are added~ words ~truck through are deleted. minimum standard set/orth in this Ordinance shall be issued if the ap licatiOn is approved. If the application is appruved, submission of a Certifi- cate of insurance must precede the issuance of a Vehicle Permit. 12. A schedule of proposed fares, rates, and/or charges. 13. A. current credit TenOrS compiled bv a nationally reco~nized credit a~encv for the applicant. and if thv aoDlicant is a business entity in existence for less than one year A ~ current credit report for each Owner complied by a nationally recognized credit agency issued no later than 90 days from the date of application from any credit bureau. 14. 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 ADDliCant iS a business entity in existence for less than one year. two credit references includina at least one bank or financial institution where the ADDliCant has maintained an active account for at least one year Qr the longest time for which the ADDlecant has maintained an active account in a financial institution if such Period is shorter thaq...gne 15. A list of all criminal convictions for which the Applicant, Owner, directors, e~ officers and manauers have been found guilty or convicted, regardless of adjudication, in the State of Florida or any other state of the United States indicating the offense, the date, and the state. 237 $ Words ~are added; words :tr~ck through are deleted. 16. The name of all manaqers. ==.17. Application must be accompanied by the required application fee. SECTION TWO. Scotion Six of Collier County Ordinance No. 91-93 is hereby amended to read as followsx Section Six. Issuance of Certificate to Operate. A. All applications for a Certificate to Operate must be reviewed by the Public Vehicle Advisory Committee ~ a PUbliC meeting, The D~blic shall be invited to speak and provide relevant information reaardinc an ADDliCant'S olaalifications to provide transportation services, If the Public Vehicle Advi- sory Committee finds that after review of the application~ public comment and any other relevant information the Applicant is fit to provide transportation services and conforms to the provisions of this Ordinance and the rules promulgated by the Public Vehicle Board, then the County !~ A~ or his/her dasignaa shall issue a Certificate stating the name of the Applicant. If the Public Vehicle Advisory Committee, determines that the Applicant i~ not fit to orevide transportation services or does .not comply with the requirements of this Ordinance, the applicatio~ for a Certificate shall be denied. The Appiicant. may appeal an adverse decision by the Public Vehicle Advisory Committee to the Public Vehicle Board for its review of 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, terms, or conditions as the Public Vehicle Board may require. Notice of approved Certificates shall be published 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 e~ directors ormana~ers have been found guilty or convicted, regardless of adjudication, within the past five (5) years of any of the following: any crime relatina to the provision of transportation services. any crime which is -7- Words ~M19JL]j~'are added; words :tr~=k thr=ugh are deleted. designated as a felony, any crime involving the sale or possession of controlled substances as defined by Florida Statute 893.03, the Florida RICO Act, exposure of the sexual organs and any crime defined under Chapter 796 of the Florida Statutes, "Prostitution". No Certification 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 past twelve (12) months. No Certificate shall be issued to any Applicant ~ ADDliCant iS a business entity in existence for less than one year. whose O~ner's credit report indicates facts and circumstances showing a failure to pay vehicle for hire related bills promptly. B. An Aovlicant shall DaY the recuired Certificate fen within 30 days of the aDoroyal of the Application for a certif- icate pursuant to this Section. Failure to DaY the reouired fee for a Certificate shall be deemed as the withdrawal of the AVVliCatiOn bY the Avvlicant and will result in the revocation of the approval of the AVVliCatiOn for a Certificate, C.B? Upon issuance of a Certificate and as a requirement for maintaining a Certificate in good standing, each Certifi- cate Holder shall obtain an occupational license, maintain a central place of business, at which place he/she shall provide a properly listed telephone number for receiving all calls for service, and shall keep such business records and manifests as are required by this Ordinance. It shall also be the responsi- bility of every Certificate Holder to notify the county Meea~]e~ Administrator or his/her designee within 10 days of any change in the business address and or telephone number,. SECTION THRZE. Section Thirteen of Collier County Ordinance No. 91-93 it hereby amended to read as followsx SECTION THIRTEEN. MINIMUM VEHICLE STANDARDS. A. It shall be unlawful for any person to operate or permit the operation of a Notor Vehicle for Hire, unless the followin~ minimum vehicle standards are complied with or -S- Words l~tp/aj~are added; words e~ are deleted. exceeded and the vehicle is maintained in proper operating condition$ ~.~ Speedometer, and Taximeter ~if applicable, properly installed~ in good working order and exposed to the view of both the Driver and the passenger(s). 2.~ Interior must be clean, Sanitar~, free from torn upholster/ or Eloor coverings and from damaged or broken seats. Seat covers shall be permanently attached o~ ~ixed ~o. ~ba ~ea~ o~ ~hs vehicle, and ~av~ no ~o~sd ~lr~ o~ s~arp ~d~s~ si~hs~ ~rom o~ hardened vin~l. ~a rea~ ~ea~ mus~ b~ oZ a size and mounting approved ~ the vehicle manufacturer. No broken springs, sagging or horizontal slippage is allyable in either seat. Floor covering material shall be se~re and contain no rips or loose folds. ~e vehicle floor shall be free of met and holes. L~A11 .doors must have operating handles that allow opening from ~th inside and outside. Handles, knobs and a=ests are to be free of breaks and must be searely mounted. Door hinges and hold stops must function co~ectly. Door seals and gaskets must be intact and operating to seal water and ~ors from entering the passenger c~partment from outside. All door panels must be intact to prevent accidental injuries on door and window mechanisms. ~Vehicle must be stmcturally sound and mechanically operable with a minimum of noise and vibration. L~e body, fenders, doors, trim and grill must be free from holes, cracks, breaks and dents which may endanger pedestrians or passengers. -9- Words ~are added; words ............... are deleted. ...... ~Icrl~a 6.8v For Taxicabs ~ ~ rate schedule prominently displayed. 7.9vInterior light which functions properly. 8.~r Vehicles for Hire ~st be free of hazards (Including ~t not limited to sllppe~ floors, sha~ edges, and unpadded interior door heed clearances). No ioose objects or externally mounted speakers shall N placed on the deck Nhlnd the rear seat. No decorations or other objects wtll be Remitted to hang fr~ pe~anently mounted figures In Taxicabs. ~ ~ ~ ~ All ~ ~ ~ cvcr ~ Iccz. ~rzkc ~ shall =l~: ~ ~ Words ~ are added/words ~~ are deleted. 9.12. Exhaust emission must be free of smoke from excessive use of oil. There shall be no leakage of gas at the manifold gaskets, manifold and exhaust line gasket, muffler and muffler connections or at any other.point in the vehtcle's exhaust system. The tail pipe shall discharge exhaust f~om the rear or sides of the passenger and'luggage compartment. No part of the exhaust system may pass through or leak into the part of the vehicle occupied by passengers. 10.13. Tires shall be of the size approved by the manufacturer, with no mismatched size tires on the vehicle. There shall be no cuts into the tire cord or sidewall area or localized worn spots that expose the ply. No tire is permitted on which less than 2/32 inches remain when measured in any two (2) grooves at three (3) equally spaced intervals around the circumference of the tire, or when the tire has tread wear indicators, no tire shall be permitted where the.indicators contact the road in any two (2) grooves at three (3) equally Spaced intervals around the circumference of the tire. 1LI~- ~ ~ e~teering mechanism, and W3rTM~e~eA4 %~se, er directional signals, must be maintained in operating condition. e, ~ieeee~%q~eMcnd ~ee, e~%q~evchicl~ End e -ll- ~orde underlined are added; worde ~tr~c~ ....... ~ are deleted. ~e ~ ~ be eef~-ppe~ ':Ith el, Steering mechanisms shall not be worn or Jammed, nor shall there 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 eighteen (lS) inches in diameter, or three (3) inches of play on wheels over eighteen (18) inches. ~ ~ ~ zh~ll ~ ~ '~ ~ ~dly ~5. Vehicle Petit must be properly displayed. ~. All Vehicles for Hire shall be e~tpped with a properly operating air conditioning and heatinq system. 14.17. Must be in compliance with all County ordinances, State, and Federal Statutes. Seat ~lts are to ~ In operating condition and easily accessible ~ all passengers. For the pu~ose of this section, seat beltu which have been placed under the seat or between the lover and upper portions of the seat are not easily accessible. 15.~C. Every Certificate Holder shall be responsible for ensuring that each vehicle for hire Med, operated, or controlled by it complies with applicable state and federal laws, mles, repletions, and standards regarding motor vehicle -l~- Words ~nderlined nre nddedl words :t:u=k t~===~ nre del~ted. safety equipment and devices. Every Cez~cificate Holder shall cause evez~/vehicle for hire that it ~vns, leases or controls ~o ~ lnspe~ed a~ leas~ once ever~ six son~hs ~o ensu~e ~ha~ each vehicle ~o~ hire c~lies vi~h ~his ~dinance and ~ap~er 316, Florida S~utes, the Ce~ifica~e Holder shall.~inta~n a pe~a~ent' regist~ con~ining infomtion on the identity each vehicle for hire inspected, the da~e of the inspection, and the nature of any def~ciencies or defers discovered, remediai action or seduce perfoxed, and the name of ~he inspe~or. A vehicle for hire ~ich fails to meet the operating and safety re~irge~ts of this ~dinance, ~apter 316, Florida S~atutes, or other a~licable law, mle, or re~lation shall no~ h operated for the trans~mtion o[ passengers for hire until such defe~ or def~cienq has hen re~fied. Said pemnen~ r~ist~ shall h available for lnspe~ion a~/or coding ~ the C~n~y during re~lar ~siness h~rs. B. All co~ections or repairs re~red In order to ~pl~ with the miniu vehicle standards set fo~h herein shall h acc~plished within 15 days fr~ ,ot!fication of the violation. Notif~tion of an~ violation of/lni~ vehicle IU~rds shall h In ~iti~ and either hand delivered or delivered ~ ce~ifi~ ~il, retum receipt retired. ~e date of receipt of the no~ice of viola~ion shall c~emce the ~n~ of ~e aforesaid 15 day ~r~. Failure ~ co~e~ violations of miniu vehicle s~ndards shall h considered a viola~ion of ~is ~dinance. In the event this Ordinance conflicts vith an~ other ordi~nce of Collier County or other applicable lav, the more restric~.ve shall a~ly. If any phrase or ~ion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, dis~tnct,'and independent provision and such holding ~all not affect the validity of the remaining portion. SECTION ~. Xl~XC*rrV~ DAT~. This Ordinance shall becoae effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the secretary of state. PASSED- AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of A~~s~~..', .~99~. 'DWIGHT E. '~B~~', Clerk BOARD;~.~ACOrY CO~9~BSIONERS .. ~ '.-~ 0 T I , FLORIDA ,>. '.~%. ~... ~al~J. COffSTASTINE Ap17roved as to form' and legal sufficienCy:, Xssistant County Xttorne7 .... 14- . Words 9ll~t~lJal~lare added; words e~--~ek-je~e~, are deleted. STATE OF FLORIDA. ') COUNTY OF COLLIER ) X, 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. 94-30 which was adopted by the Board of County Commissioners the 7th day ~f June, 1994, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collter County, Florida, this Sth day of June, 1994. DWIGHT E. BROCK Clerk of Courts and Clerk'-.'- .- . .... Ex-officio' to Board of County Commissioners · .' ~-" e C -, ~ Deputy lerk '.