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Ordinance 90-051 ORDIN~NCE NO. 90 ~[ AMENDING COLLIER COUNTY ORDINANCE.NO~86-4~-- BY AMENDING SECTION ONE, DEFINITIONS, A~DIN~'- SI ~ON TWO, CERTIFICATE OF PUBLIC CONVENIENC~ AN~ REQUIRED, BY ADDING REQUIREMENT FOR COLO~%CODE~' /DECAL~ AMENDING SECTION THREE, EXEMPTION~ AMENDING' SECTION FIVE, APPLICATION FOR CERTIFICATE, BY REQUIRING COLOR SCHEME, INSIGNIA AND TOP LIGHT DESIGN FOR TAXICABS .. AND AMENDING THE APPLICATION REVIEW PROCESS~ BY THE ~UBLI~' VENICLE ADVISORY COHMITTEE~ AMENDING SECTION ~'SIX, ISSUANCE OF CERTIFICATE~ AMENDING SECTION SEVEN, MINIMUM INSURANCE REQUIREMENTS~ AMENDING SECTION EIGHT, CERTIFICATE FEES, BY C~ARGING THE ANNUAL PERMIT FEE PERIOD FROM CALENDAR YEAR TO FISCAL YEAR AND SETTING FORTH VEHICLE PERMIT REQUIREMENTS AND FEES~ AMENDING SECTION NINE, TRANSFER OF CERTIFICATE PROHIBITED~ AMENDING SECTION TEN, SUSPENSION OR REVOCATION OF CERTIFICATE ~ AMENDING SECTION ELEVEN, REGISTRATION OF CERTIFICATE, BY REQUIRING AN OCCUPATIONAL LICENSE~ AMENDING SECTION TWELVE, MINIMUM VEHICLE STANDARDS~ AMENDING SECTION THIRTEEN, TAXICAB SERVICE STANDARDS ~ AMENDING SECTION FOURTEEN, DESIGNATION OF TAXICABS~ AMENDING SECTION FIFTEEN, SCHEDULE OF TAXICAB RATES AND CHARGES ~ AMENDING SECTION SIXTEEN, DAILY MANIFEST OF TRIP LOG REQUIRED~ PROVIDING THAT IT IS UNLAWFUL FOR PASSENGERS TO REFUSE TO PAY LEGAL FARE~ PROVIDING ADVERTISING REQUIREMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, Florida Statutes Section 125.01 (n) provides that the governing body of the county shall have the power to license and regulate taxis, Jitneys, limousines for hire, rental cars, and other passenger vehicles for hire operating in the unincorporated areas of the county~ and WHEREAS, the registration regulation of motor vehicles for hire within the incorporated and unincorportated areas of Collier County is necessary in order to protect the health, safety and welfare of the public. NOW~ THEREFORE, BE IT ORDAII~ED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE= Collier County Ordinance No. 86-4, as amended, ia hereby amended to read as follows= SECTION ONE. DEFINITIONS. For the purpose of this Ordinance, the following definitions shall apply: A. "Motor Vehicle for Hire" means all vehicles or machines propelled by power other than muscular, which pick up passengers within Collier County and are used upon the Streets to transport passengers for compensation including, but not limited to the following classifications: Words ~ are added~ works s~ek-th~h are deleted 500~ 1. #Taxicabs" means a motor vehicle designed to accommodate not more than s*x-,6~ eiaht (8~ passengers, exclusive of the driver, .q~pped w~th a top light, operated for compensation at rates based upon the distance traveled and authorized by this Ordinance, recorded and indicated by a taximeter in operati~n when the vehicle is in use for transportation of any passenger~:' and the route or destination of which is controlled by the passengers therein. 2. "Limousine" means any me~er--we½~e~e formal or stretch limousine, sedan, station waaQ~, or luxury car that is engaged for the exclusive use of the passenger, not equipped with a taximeter, which provides seating accommodations for not more than eight (8) passengers, exclusive of the driver, where the route or destination le controlled by the passenger, and the rates of which are based upon a predetermined hourly or door to door price. 3. "Van" means a motor vehicle that is designed or engaged to transport not more than fourteen (14) passengers, exclusive of the driver, and the rates of which are based on a predetermined hourly or door to door price. 4. aB~s~ ~_~ means a motor vehicle mini-bus, school b~s, and highway coach that is designed or engaged to transport fifteen (15) or more passengers for compensation, excludina vehicles used by emDlovers exclusive~v to transport their employeeS. ST--mTroA~ey"-meens-e-me~o~-veh*e~e-~hs~-~s-des~gned-e~-e~gs~ed ~o-~ransper~-f*f~eem-~S~-er-more-passe~gers-for-eempensa~onT B. "Owner/ADDlicant" means an i~dividual, firm, corporation, partnership, comDany, association, Joint venture, or any other type of organizational enterprise which has a financial or control interest in the ownership or operation of motor vehicles for hire and the motor vehicles for hire business. C. "Public Vehicle Board/ Commission" means the 'Board of County Commissioners of Collier County, Florida. D. "Public Vehicle Advisory Committee CPVAC)" means the member advisory committee created pursuant to Ordinance 86-4 and established by Ordinance 86-59 to review and make recommendations the Public Vehicle Bo~rd, Words ~ are added; works st=u=k-eh=eugh are deleted B?E. "Certificate" means a certificate of public convenience and necessity issued by the Public Vehicle Board granting written authority by the Public Vehicle Board of Collier County under this ordinance to an owner to operate a tax~eab-e~-a-~a~eeb ~ hire business in Collier County. H?F. "Holder" means a person, individual.'~irm, corporation. Dartnershim. company, association, or 4oint stock association, to ~om a certificate of public convenience and necessity has been ~ssued. G. "Vehicle Permit" means a color coded vehicle permit/decal issued annually to a current certificate hol~r authorizina the holder to oD,rate for hire the motor vehicle to which the decal is affixed. The vehicle Dermit iS affixed to the left inside bottom corner of the windshield claes. A Cer~lfiC~t~ Of Vehicle Permit shall accomoanv each permit/decal issued and shall identify the ~Ssioned vehicle and the permit/decal displayed on the windshield. The Certificate of Vehicle Permit shall be placed and remain in the ass~oned vehicle at all times until expiration of the permit/decal. ~. "Temporary Vehicle Permit" means a temDorarv vehicle Der~i~/decal issued to a subcontracted vehicle for hire that is not ~grti£ied in Collier County. I. "Subcontracted vehicles" means vehicles for hire not necessarily based in Collier County. but ooeratino under a contract of a comDanv that has an occupational license and a certificate of Public convenience and necessity. Subcontracted vehicles must meet all standards as set forth bv this ordinance as amended. SBboon~racted vehicles must not exceed the stay for which the temporary permit has been issued which shall be the lenoth of the function for which they have been subcontracted. Subcontracted vehicles must be available to the contractino company throuohout the twelve ¢12} months of a year. Subcontracted vehicles must hay9 Florida license taos. Taxicabs are prohibited from beino subcontracted bv existin~ companies. J. "Taximeter" means any approved internally mounted device which records and ind~cates a rate or fare measured bv distance Words ~ are added; works s~uek-th~euqh are deleted BOOK traveled, waitina/standino time or other items of chares. All taximeters must comely with the most current edition of the National ". Bureau o~ Standards Handbook 44, K. "Ptlblic Transoortation# means any taxicab, limousine, van. :. or bus/ trolley ooeratina within ~he aeoaraDhical Jurisdiction of . the Collier County Public Vehicle Board. BECTION TWO. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ':' REQUIRED. It shall be unlawful for any person or owner to operate or to permit a motor vehicle owned or controlled by him to be operated as a motor vehicle for hire upon the streets within Collier County without having first obtained a certificate of public convenience and necessity from the Public Vehicle Board. A~-pe~sens-e~-ew~e~s whe--e~e-eu~ent~y-a~d-va~*dAy-~aq*s~s~ed-and-pe~m,t~ed-ts-enqaqa-,~ the--bus*neas-ef--~ra~sper~a~on--ef-passe~gers-~or--h~re-by-eo~er e.%*t}ed---%o--reee*ve--a--eer~*f*ea~e--of--pub~*a--eenve.,enee--end neeess~y-pursuan~-~h~s-e~neneeT-upon-~he-f~ng-of-an-a~p~eet~en as--p~eseFibed-by-eee~&on-P*ve~-exeep~-~he~--ne-pub}*e-heaF*n~-eha~ be--Fequ*Fed-feF-*asuan~e-ef-eeF~*f*eates-~o-sueh-peFsons-eF-ewneFs? Each certificate holder must have a current color coded oe~it/deca] affixed to the left inside bottom corner of the windshield of any vehicle ~or hire ooeratin~ in Collier County. Failure to affi~ ~ current valid oermit/decal to a vehicle for hire shall be fl violation of this ordinance. · ~CTXON ~m<BS. EXEMPTION. . Any owner or transportation provider which has been designated al a "Coordinated Co~u~unity Transportation Provider" as defined 'in ,' Section 427.011(5), Florida Statutes, is hereby exempt from the requirements and provisions of this ordinance; ~rovided. 'however. '' that any such vehicle also used for hire or for commercial ~ur~os~, shall reouire a certificate for such use. ~:: SECTION FOUR, PUBLIC VEHXCLB BOARD AND ~DVISOR¥ COHHITTEB, There is hereby established a Public Vehicle Board which shall consist of the Board of County Commissioners of Collier County. The Words ~ are added; works stFuek-~hreu~h are deleted Board o£ county Comaissioners of Collier County~ Florida, as the Public Vehicle Board, shall have the right to license, regulate and control the rates and number of motor vehicles for hire operating on the streets within Collier County. There is further hereby established a Public Vehicle Advisory Committee . consisting of five (5) persons, three (3) of whom shall be holders of certificates issued pursuant to this Ordinance and two (2) of whom shall be persons who are in no way affiliated or associated with any holder o£ & certificate issued pursuant to the Ordinance. The members of the Public Vehicle Advisory Committee shall be appointed by and IlrVI at the pleasure of thl Public Vehicle Board. The Public Vehicle Advisory Committee shall review and make recommendations to the Public Vehicle Board regarding applications for a certificate pursuant to this Ordinance. The County Manager shall designate a member of his staff to serve as liaison and to coordinate with the Public Vehicle Advisory Committee. ~'~ZON FZVI. ~PPLZCATION FOR CBRTZFICATB. A. An application for certificate shall be filed with the Public Vehicle Board on forms provided by the County Manager or hie designee and said application shall be verified under oath and shall furnish the following information: 1, Name and address of the applicant. 2. The financial status of the applicant, including the : amounts of all unpaid Judgments against the applicant and the nature of the transaction or acts giving rise to said Judgments. 3. The experience of the applicant in the transportation of passengers. 4. Any facts which applicant believes tend to prove that public convenience and necessity requires the granting of a certificate hereunder. 5. The minimum and maximum number of vehicles to be operated and controlled by the applicant and the location of proposed depots and terminals. 6. The name, color scheme and insignia to be used to designate the vehicle or vehicles of the applicant. The applicant for taxicab Words ~ are added; works s~Hek-th~u§~ are deleted certification shall also submit a color scheme, insiania, and tod light desian which shall conform to reaulations issued bv this ordinance and which shall be uniaue and readily distinauishable from ~:' ~olor schemes and insiania nreviouslv amproved for e prior applicant. Chanaes in taxicab color scheme or in~iania must receive prior aDoroval from the Public Vehicle Advisory C6mmittee. 7. Such further reasonable information as the Public vehicle Board of Collier County may require. ~'~ B. On the filing of an application, said application shall be referred to the Public Vehicle Advisory Committee for the ]j recommendations as to whether a certificate should be issued to the applicant and as to the classification as a taxicab, limousine, van, " trolley or bus. The applicant shall have the rioht to be heard at .. the committee meetina scheduled for review of aDolications. In making its recommendations the Committee shall consider and address those standards set forth in Section Six for issuance of a certificate" by the Public Vehicle Board. The applicant shall have ;:.. the burden of establishina whether oublic convenience and necessity reauire the oDeration of the vehicles mroposed in the a~Dlication. -!i Upon receipt of the Committee's recommendations, the ~ ]~ P~b~&e-Veh&e~e-Beard shall fix a time and place for a public · hearing ~he~ee~ before the Public Vehicle Board. Notice of such hearing shall be given bY certified mail to the applicant a~ least twenty ¢20~ days prior to the date thereof and said notice of . hearing shall be published in a local newspaper of general circulation as part of the regularly advertised agenda of the Board · of County Commissioners of Collier County, Florida. Any interested .~ person may speak or file with the Public Vehicle Board a memorandum in support of or in opposition to the issuance of a certificate. Such written memorandum must be received in the Fleet Manaaement !~, 9ffice at least fifteen ¢15~ days prior to the scheduled hearina. SECTION SIX. ISSUANCE OF CERTIFIC~TB. A. If the Public Vehicle Board finds that ~H~the~--mete~ additional public vehicle for hire service~ in Collier County &s are required by the public convenience and necessity, and that based on Words 9n~ are add.ed; works seeuek-th~ee~h are deleted the criteria s~ forth herein below, the applicant is fit, willing ~uld able to perform such public transportation JL~RY~ and to conform to the provisions of this ordinance and the rules promulgated by the Public Vehicle Board, then the Public Vehicle Board shall issue a certificate stating the name, and address and classification of the applicant, e~herw&se-~he-aPp~&ea~&a~-she~}-be dan*ed~ In making the above findings, the Public Vehicle Board t~ shall take into consideration the number of motor vehicles for hire already in operation, whether existing transportation is adequate to meet the public need, and the probable effect of increased service i.: on local traffic conditions and the character, experience, and responsibility and fiscal stability of the applicant. · Vehicle Board sifter public hsarina may issue a certificate, or ~efuse to issue it. or may issue a certificate with such ? modifications, terms, or conditions as the public convenience and . necessity may reauire. +' B. U~on issuance of a certificate and a~ a reauirement for ~-- maintainina a certificate in aced standina, each certificate holder shall maintain a central olace of business, at which place he shall provide a properly listed telephone flor receivina all calls for · service, and shall keep such business records and manifests as are reauired by this Ordinance. It shall also be the responsibility of everv certificate holder to notify the County Fleet Manaaer within ~0 days of anv chanae in a business address and teleohone number. SBCTZON S~. MINIMUM INGUI~CB REQU~REME1TTS. c ~e followin~ insurance re=uirements are intended to be minimum , and are not ~ntended to in any wav be representative of the necessarv amount of coverage for a particular operator. All taxicab, o~qlers and operators shall have in full force and effect Rotor vehicle liability insurance for each motor vehicle in the amount of Fifty Thousand Dollars ($50,000) for bodily injury to any one person; in the amount of One Hundred Thousand Dollars ($100,000) for injuries to more than one person which are sustained in the same accident, and in the amount of ~enty Thousand Dollars ($20,000) for property damage sustained in one accident. All limousine and van :. Words l~l~are added; works s~r~ek-~hrough are deleted "' ~era and operators shall have in full force and effect motor vehicle liability insurance for each motor vehicle in the amount of One Hundred Thousand Dollars ($100,000) for bodily injury to any one ~,~ person; in the amount of Three Hundred Thousand Dollars ($300,000) for injuries to more than one person which are sustained in the same accident, and in the amount of Twenty Thousand Ooilars ($20,000) for ~'. property damage sustained in one accident. All trolley and bus owners and operators shall have in full force and effect motor ~ehlola liability insurance for each motor vehicle in the amount of Five Hundred Thousand ($500,000) for bodily injury to any one person~ in the amount of One Million Dollars ($1,000,000) of injuries to more than one person which are sustained in the same accident, and in the amount of Fifty Thousand Dollars ($50,000) for property damage sustained in one accident. Said insurance shall inure to the benefit of any person who shall be injured or who shall sustain damage to property approximately caused by the negligence of the certifi~ate holder, his masters, servants or agents. Nothing in this section shall be construed to waive any applicable state or · federal laws which requires a higher amount of minimum insurance. A certificate of insurance shall be filed and recorded in the Office of the County Clerk to the Board and shall have as an agent thl=lOn In insurance company authorized to do bueinSSl in the State of Florida. Said insurance policies must be issued for a minimum of .i~ one (1) year and cover each vehicle in use throughout Collier Cotmty. Further, said insurance p¢,licies shall be endorsed to · provide for thirty (30) days notice by registered mail to the County Clerk ko the Board of any material change, cancellation, or expiration. It shall be the duty of the Clerk to immediately notify the Public Vehicle Board of any such notice received by the Clerk. The certificate of insurance shall contain the names of all the businesses in which the Certificate of Public Convenience and Necessity holder is doinq business. The category of Public ii transportation shall be snecificallv stated on the certificate of ~' insurance. Words underlined are added; works s~e~ek-~hee~h are deleted I~q'Z'ZOM BIGHT. CERTZFXCATB FEES. A. NO certificate shall be issued or continued in operation tmlesB the holder thereof has paid an annual ~: certificate fee of fifty dollars ($50) for the right to engage in ~,'.'r'. the motor vehicle for hire business. Said certificate fee shall be for the ea~enda~-yee~ County fiscal year (Ocr.:1 - Sent. 301 and shall be in addition to any other license fee or charges established by proper authority and applicable to said holder or the vehicle or vehicles under his operation and control. The fee shall not be prorated for a fractional Dart of the year. All for-hire - certificates which are not renewed annually shall automatically expire and all for-hire transportation services rendered thereunder ~hall immediately cease as of October 1st. It shall be unlawful to operate any reaulated service without a valid certificate. The fifty dollars ¢$50.001 certificate fee shall entitle the holder to Operate one ¢1~ vehicle for each cateaorv for no additional charaes. B. Before any motor vehicle shall be operated under a fl.. certificate, the certificate holder shall make application for and ~eceive from the County Fleet Manaaer s vehicle permit. Each permit - application shall be in writina, and shall contain the name and address of the holder, the make. tyne. year of manufacture, serial ~ number, state license plate number, and seat[na capacity of each , motor vehicle for which a oermit is desired. Each vehicle shall '~.~ comD1V with all terms as set forth at time of certification. Each yehicle permit shall expire on SeDtem~'~r ~0 of each year. and may be renewed'upon payment of the nrescribed fee listed below. It shall ~ be unlawful to operate any vehicle without a valid Dermit. i~ Additional vehicles for each cateaorv over one vehicle will be ~" charaed for vehicle permits at the followina non-refundable rate Der ~. 11 Taxis $ 25.00 ~ Limousines $ 35.00 31 Vans $ 50.00 41 Buses/Trolleys $100.00 Words ~ are added~ works st=~ek-th=eu~h are dele2ed 9 Permits shall be color coded for each vermittina year. October 1 to Seotember 30. Each permit shall be separately numbered. The 9ermit shall be permanently affixed on each assiqned vehicle's left inside bottom windshield alass corner. Upon the s~le or transfer oF a vehicle or upon expiration of the oerm.~t~d Defied. the certificate holder shall remove the permit fromm, the vehicle. The certificate holder shall be responsible to notify the County Fleet Manaaer in writina within 10 calendar days of any currently valid permit removed from a vehicle. C. Subcontracted vehicles that are not certified in CollieF County must obtain and disolav a temporary vehicle DeZT~it at a cQ~ of $5.00 Der day Der vehicle. Securina such permits will be th~ responsibility of the certificate holder. D. ADDlications for a vehicle permit for any vehicle not owned bv the certificate holder who is makina application mus~ be accompanied bva written vehicle lease aareement between the owner of the vehlcle and the certificate holder. The aDDlicat~on mus~ also include Drool of insurance coverina the vehicle and payable to the certificate holder. All vehicle lease aareements must b~ approved for leas1 form and sufficiency bv the County Attorney's Office before issuance of a vehicle permit. E. No Dermit shall be aranted to any taxicab opera,or certificate holder to operate any taxicab covered by this ordinang~ whose color scheme, name. trade name. monoaram or insiania is in conflict with or in imitation of any c~lor scheme, name. trade name, men.ram or insiania used bv any other taxicab omerator certificate holder. F. No permit shall be aranted without a valid CODY of th~ Florida Department of Motor Vehicles vehicle reaistratio~ certificate. The state vehicle reaistration certificate must classify the vehicle as a "vehicle for hire" commercial vehicle. Interstate Commerce Commission Certificate of Public Convenience and Nscessitv holders authorized aDDortionated license plates are exempt from the State of Florida vehicle reoistration re~uirement. G. On or before September 30th of each veer. each certificate Words ~ are add%d; works s~ek-~h~eH~h are deleted holder shall certify, on a form provided by the Public Vehicle Board. the number of months durina the precedinc County fiscal year ~: that he operated and provided the service authorized by his for-hire certificate. Failure to certify and to operate at least one fl) ~': yehicle Der cateco~ in Collier County for aR least ¢11) months durin~ the preceding veer shall result in automatic expiration of the for-hire certificate. SECTION NINe. TRANSFER OF CERTIFICATE PROHIBITED. [~ NO certificate of public convenience and necessity may be sold, ~' assigned, mortgaged, or otherwise transferred, 9r the ownership -~ structure of a corporation or oartnershlD which is the certificate ~' holder altered in any manner without the prior consent of ~ Vehicle Board and without havin~ been reviewed by the Public Vehicle Advisorv Committee at a scheduled meetin~ for recommendation to the Public Vehicle Board. Sale or transfer of stock of any corporate certificate holder resultin~ in a change of control of twenty-five percent g25%} or more of stock shall be considered to be a transfer !~. of the certificate, SECTION TEN. BUBPENBXON OR REVOCATION OF CERTIFICATE. ~,.' The certificate issued under the provisions of this ordinance ~f may be revoked or suspended by the Public Vehicle Board if the holder thereof has (a) violated any of the provisions of this ~.i,. ordinance, or (b) discontinued operations of a minimum of 1 vehicle " for more than 30 days for unscheduled services, and 7 d~vs for recn~larl? scheduled services, or (c) has violated any ordinances of ~,.. the County of Collier, ~he-~aws-o~-the-~n~ed-S~e~es any laws e~ of ~ the State of Florida or any other State of the United States. or any .:~ ~aws of the United States. the violations of which reflect tmfavorably on the fitness of the holder to offer public transportation, or id) failed to render adeauate. Dr0mDt and ~' courteous service to the Public to such an extent as to warrant ~:" disciDli~ bv the Public Vehicle Board. or Ce) made false statements under oath in the application or in any other document required by the ordinance, or fi) the certificate holder has intentionall~ permitted his vehicle to be operated i~ violation of any law. AnY Words underliDed are added; works st=uek-th=o~gh are deleted certificate issued uoon any false statement made under oath sh~ll be considered as void and shall not orotect the holder thereof from ~r0secution for transactina business without a certificate. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an. opportunity to be heard. The holder will be n~tified at least 7" days orior to the Drooosed action to be taken and if reauested in writina by the holder, a hearina before the Public Vehicle Board on susoension or revocation shall take place at a reaularlv scheduled meetina of the Board of County Commissioners. After revocation of a certificate, no application for certificate shall be accented or considered for e period of twelve ¢12~ months from the date of revocation. SECTION ELEVEN. REGISTRATION OF CERTIFICATE. Upon being granted a certificate to operate by the Public Vehicle Board, all owners and operators of motor vehicles for hire, exoluding drivers, aha11 register with the County Manager or his deelgnee. ~Regtstration ahall include the hams of the owner, business address, proof of insurance, valid registration, and address where manifest/trip log records ara to be kept if different from the business address. Proof of the issuance of an occunational license for the operation of a vehicle for hire business is recnlired Drier to approval of a certificate and such certificate shall only be issued when the holder thereof has Paid the annual occupational license fee as set forth in the occupational license fee schedule. Failure to DaY the annual occuDationql license fee shall result in automatic revocation of the certificate/s). The occupational license fee shall be in addition to any fee or charces established ~V. uromer authority and applicable to said holder. ~ECTXONTNELVE. MXNIMUM VEHICLE STANDARDS. A. It shall be unlawful for any person to operate or permit the operation of a motor vehicle for hire, unless the following minimum vehicle standards are complied with or exceeded and the vehicle is maintained in Droner ooeratino condition: 1. Interior rearview mirror and an exterior aide view mirror on the driver's aide. All buses and vans must have exterior mirrors Words ~ are added; works s~aek-~h~eu~h are deleted ~,;,i.,.. mauntsd on both sides of the yehicls. 2. Speedometer, and taximeter if applicable, properly installed, in good working order and exposed to the view of both the driver end the passenger(s). 3. Interior must be clean, sanitary, free ~rom torn upholstery or floor coverings and from damaged or broken s~hte. 4. Door hinges and latches must be in good mechanical working order with all opening easily and closing securely. 5. Vehicle must b~ structurally sound and mechanically operable with a minimum of noise and vibration. 6. The body, fenders, doors, trim and grill must be free from holes, cracks, breaks and dents, and painted. 7. Vision should be unobstructed on all four (4) sides. 8. Approved rate schedule prominently displayed. ~ only on taxicabs or scheduled bus routes.'} 9. Interior light which functions properly. 10. Vehicles for Hire must be free of hazards (including but not limited to slippery floors, sharp edges, and unpaddsd interior door head clearances). 11. Brakes, including emergency, must be maintained in DroDer oDeratina condition, e,d--mus~ operate effectively and be free of noise. 12. Exhaust emission must be free of smoke from excessive use of oil. 13. Tires ~ w~th no wear ~ars showing and be free from excessive wear and tear. 14. Liohts. horn. steerin~ mechanism, windshield wioers. directional sianals, should be maintained in oDeratin~ conditioB, 15. PermitJdecal must be Drooerlv displayed. 16. Vehicles shall be eaulooed with an operable air conditionina system if advertised. 17. Such other conditions as may be reasonably demonstrated to be necessary to render the vehicle safe for Public conveyance. 18. Must be in comoliance with all County ordinances. Stat~, and Federal Statutes. Words ~ are added; works s~ruek-th~e~gh are deleted 19. Every Certificate of Public Convenience and Necessity holder shall be responsible for ensurtna that each vehicle for hire owned, operated, or controlled by it complies with a~Dlicable state and federal laws. rules, reoulations, and standards reaardina motor vehicle safety ea~ment and devices. Every C~rtificate of Public Convenience and Necessity holder shall cause every vehicle for hire that it owns. leases or cg~trols to be ins~ected at least once every six months to ensure that each vehicle for hire comnlies with Ch. 316. F.S.. and the Certificate of Public Convenience and Necessity holder shall maintain a permanent reaistrv containina information on the identity of each vehicle for hire insnected, the date of the lnsnection, and the nature of any deficiencies or defects discovered, remedial action or service ~erformed. and the name of the insnector. A vehicle for hire which fails to meet the oDeratina and safety reauirements of Ch. 316. F.S.. or other annlicable law. rule. or regulation shall not be onerated'for the transportation of Dassenaers '~for hire until such defect or deficiency has been rectified. Said permanent reaistrv shall be available for inspection and/or coDvina by the County durina regular business hours. B. All corrections or repairs required in order to comply with the minimum vehicle standards set forth herein shall be accomplished ¥~thin 30 days from notification of the violation. Notification of any violation of minimum Vehicle standards will be in the form of a certified letter from the County ·Fleet Manaaer office, return receipt. reauested. The date of notice to correct any violation shall start on the delivery date of the certified letter to the firm in violation. The date of receipt of the certified letter to ths violator shall be deemed the date of notification and shall co~menc~ the runnina of the aforesaid 30 day period. Failure to correG~ violations of minimum vehicle standards shall be considered a violation of this ordinance within the meanina of Section Ten of this ordinance which nrovides for suspension or revocation o~ a certifigate. Words underlined are added; works s~ruek-th=euq½ are duleted 217 IIO~XON THIRTEEN. TAEXCkB SERVICE STANDARDS. A. All taxicab drivers shall accept any and all passenger desiring service of the carrier regardless of short or long haul destinations; no selection of passengers according to destination shall be permitted at any time; and in accepti~g passengers, the driver shall not discriminate o~ the grounds "of race, color or national origin or permit discrimination against persons or groups in any manner. Drivers may refuse service to any person who is under the influence of alcohol or a controlled substance and is disorderly, or to any person who causes a driver to have a =lalonabll apprehension of fear for hil lafety. B. Taxicab drivers shall transport passengers to their destination by the most direct available route from the place where the passenger enters the cab unless a different route is reauested by the Dassenaer and no person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger. C. Any oaseenger of any taxicab mav make demand for an ~temized receipt showina his fare and such receipt shall be siren bv the driver, showina the number of the cab. the date.a~d hour of the del~ver~ of the receiot, and the amount of fare Paid bv the IICTXON POURTEEN. DESIGNATION O~ TAXICAB. A. All taxicabs utilized bv the taxicab company she1! be painted in conformance With the color scheme nroDosed by the os~ificate holder uoon makina his initial aDDlicatioD a~d as aDD~oved bv the Public Vehicle Board. Any chanaes in color scheme or other deviation must be approved bv the Public Vehicle Board. The designation of a vehicle as a taxi or taxicab and the name of the taxicab company are to be clearly displayed on the cabT-a~d in lstter~ng which is at least four (4) inches in height and iS clearly visible to any and all customers. The letterina must be permanently affixed to the vehicle. Maunetic signs are not Permitted. taxicabs must have a permanently mounted too liqht at least ten inches wide and four ~4~ inches in height. The tOD light mu~t Words ~are added; works s~ek-~hmeugh are deleted mounted on the roof gf the cab and illuminated with a tell-tale ' liaht lndicatina when the cab is occupied. In addition, the ~:~' owner/operator shall post the schedule of fares and charges in the taxicab and the schedule shall be clearly and conspicuously visible to a passenger. The words "Rate". "Rates". or "R~es 9f Fare" shall precede the rate statement. The rate statement shall be fully informative, self-explanatory, and readily u~erstandable by the ordinary Dassenaer. and shall either be of a permanent character or be protected bv alass or other suitable transparent material. B. Each taxicab shall be eauipped with a taximeter meetina all specifications, tolerances, and o~her ~chnical r~guirements for taximeters specified in Handbook H.44. National Dureau of Standards. The face of every taximeter shall at all times be visible from the J' taxicab's passenaer compartment and shall be ~llumi~ated Dassenaere may ascertain the amount of fare reaistered b~ ..the taximeter. The sianal affixed to any taximeter ghall vnder no ~. circumstance indicate that the taxicab is vacant when in fact such ~ ~e enaaged by a passenaer. It shall be unlawful to operate anv ~axicab unless its taximeter has been inspected and found to be accurate and is ~n satisfactory oDeratina condition by the Dept. Of Aariculture and Consumer Services. <i, IICTXON FIFTEEN. SCHEDULE OF T~XXCAB RATES AND CH,~J~GEB. ~i~ A. For purpose of rate regulation of taxicabs, the County is hereby divided into Zones A and B, amd--e, which Zones are gr&ph~oslly depicted on Exhibit I, attached hereto and incorporated %.' herein by reference. A general description of said Zones is included in Exhibit I. Rates and charges by owners and operators of i vans, limousines, trolleys and buses shall be unregulated. Rates i~I and charaes of taxis under contract to provide lena ii.'. users shall not be reaulated. Only cash fares involvin~ taxicab- B. The following schedule of maximum ra~es is hereby established for Taxicabs operating in Zones A and-B of Collier County (See Exhibit Words ~ are added; works s~uek-~h~eu§M are deleted One dollar and seventy-five cents ($1.75) for tho first one-tenth (1/10) mile or any Dart thereof, and ~ thirty cents (50.30~ twaflty-fEve-eents-~Ge?~S~ for each two-tenths (2/10) mile ~he~ea~e~ or any Dart thereof. C. The following maximum charges are hereby~ established in addition to the maximum rates set forth in subsec%ion A hereof: 1. P*fteen-de}}ars-~G~5?ee~ Twenty four dollars ($24.00~ per hoBr ~/wsiting time when---reques~ed--by--the---psssen§e~ efte~-*n~%~a~-p~ekmp in accordance with the time elapsed on the 9T--e~e-de}~eF-,$~TeS~-peF--peFsen-eveF-ome-*~--eaeh-paF~y-fFom ~he-p&ekup-pe&n~-~e-destina~&enT 4?--Twen~y-f&ve-een~s-~T~S~-foe-eaeh'-baq-e f-~roeer&es-oe-otheF ~, neFehand&oe-oveF-~wo-~ f-~ea~ed-by-de&veeT ~;,_ ST-P~fty-eents-~rSe~-fer-eaeh-p~eee-of-~uggaqe-ovee-eneT ::,/ 6T-P~fty-eents-~TSe~-feF-eaeh-~nte~ed~ate-o~op~eequested-by-n - -paaoengeF-~n-rou~e-fFem-p~ekup-po~n~-~o-des~a~on. ~r-One-do~ee-~G~TO0~-foe-eaeh-b~ke-ee-pet-kenne~T BT-A-P~ve-Bo~eF-~ GST9 e~-me~mua-eo~e-eharqe-me~-be-eh~Fqe~-~oe ~: any--faFe-or~q~nat~nq-ee-eeem~na~ng-v~th~n-Sone--B-~See-Bxh~b~t-~T above-feF-~ones-A-and-Bv E. ~ Zone e a (See Exhibit l) rates shall be unregulated. F. ~. The eoma~ss~o. Board may, from time to time, re~ire ~e o~ers and operators of Taxicabs ~ appear before the ~blic Vehicle Board at a Dublic hearin~ for the purpose of reviewing their BaLd rates for reasonableness. A~d Gaid owners and operators may petition the Public Vehicle Board for a review of their rates. 2. Prior to a Dublic hearin~ vursuan~ to this section a~d BDon re,est of the Board or taxi owners, the County Fleet Mass,or or his designee to the Public Vehicle Advisory Committee may investiuate and prepare a report concernin~ the existin~ rates. The Words underlined are added; works struek-~.hreueJh are deleted ,. 7 · report shall consider the £inancial and operatin~ reports submitted by each operator to determine ooeratina ratios, revenues, expenses. ~' and the potential impact o~ the proposed rate chanaes. For rate-makina sursoses, th~ Cou~tv Fleet Manoer or his desianee will {~ not consider any cost i~urred in the acauisit~on of license and . political contributions, Costs Which will be Considered in rate studies will include vehicle operatina maintenance and resair expenses, salaries of drivers, dispatchers and supervisors. insurance costs, taxes, and administrative expenses. 3. The resort from the County Fleet Manaaer 9r ~ dssianee to the Public Vehicle Advisory Committee shall be forwarded i. to the County Manaaer with a recommendation to the Public Vehicle 4. The Public Vehicle Board shall within sixty ¢60~ after the receipt of the staff recommendation, schedule a Dublio hsarina concernina the proposed rate chanae, at which hearina ali ~nterested 'parties shall have an opportunity to be heard, Public Vehicle Board shall consider the staff report an~ recommendation, and all evidence Produced at ~he hearina, and by resolution, shall determine and set the aDsropriate rates as may b9 . in the public interest. Apoeals of the Public Vehicle Board'N decision shall be to the Circuit Court of the Twentieth Judicial D~strict in and for Collier County in accordance with FloridN :: Appellate Rules. eT---A~y-pessen~e~-ef-eny-~a~eab.-mey-make-demend-~o~-e-~ees~ ~he-~eee~p~-a~d-the-eme~n~-o~-the-fere-pa~d-by-~he-passen§e~= SECTION SIXTEEN. DAILY M;tNIFEST OR TRIP LOG REQUIRED. Every ~eM~eab Motor Vehicle for Hir~ owner or operator shall maintain a daily manifest, otherwise known as a trip log, upon which he shall promptly and legibly record the following information= Name of the driver, vehicle number, year, month, date, the starting time, place of origin and destination of each trip, the amount of !'. fare collected and the number of passengers, the total miles or Words ~ are added; works struek-th=eu§h are deleted · 8 unite accumulated during an operator's driving period. All such completed manifests shall be returned to the owner of the business by the operator at the conclusion of his tour of duty. The forms for each manifest shall be furnished to the operator by said owner and Ihall bi of a design approved by the C~unty. Certificate holders and drivers shall not destroy, mutilate,'alter or otherwise ' deface said daily manifests without approval by the County. Said manifests shall be available for inspection and/or copying by the County during regular business hours for a period of not less than three (3) years after the date of the manifest. SECTION SEVENTEEN. CHAUFFEUR'B/COHHERCI~L DRIVER LICENSE REQUIRED FOR DRIVERS. All drivers of motor vehicles for hire shall hold a current and valid chauffeur's/commercial driver license in said driver's name issued by the State of Florida *n-sa*d-d~ve~&s-~ame or by any other State in the United States if the driver operates a vehicle for hire in more than one State. SZ~TION EIGHTEEN. CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY DRIVERS PROHIBITED WHILE ON DUTY. No driver of a motor vehicle for hire shall consume alcoholic beverages or any controlled substance of any kind or of any amount whatsoever while on duty or while driving or be under the influence of alcoholic beveraaes or controlled substances. SECTION NINETEEN. UNLAWFUL TO OPERATE OR TO PERMIT OPERATION OF ~ MOTOR VEHICLE FOR HIRE IN VIOLATION OF ORDINANCE. It ' shall be unlawful for any person to operate or to permit operation of a motor vehicle for hire in violation of any of the ~rovlliol~ of the Ordinance. S~TXON TWENTY. REFUBXL OF PASSENGERS TO P~Y LEG~ It shall be unlawful for any person to refuse to DaY ~he legal fare of any of the vehicles aoverned by this ordinance after havima hired the same and it shall be unlawful for anv Person to hire vehicle herein defined with intent to defraud the person from whom it is hired of the value of the service. Words ~ are added; works s~reek-th~e~gh are deleted The provisions of this Ordinance shall be applicable to and ~ effective in both the incorporated and unincorporated areas of Collier County, Florida. It shall be the duty of all county and ~loipal law enforcement officers to enforqe these provisions '~ within the territorial areas of their respective Jurisdictions. This ordinance in intended, and shall be construed, as a direct r~gulatory measure uniform in application throuqhout all Collier ( Cotmty, Florida. SECTION TWENTY-TWO. ~DVERTISING. ~" All advertisements for vehicles for hire services in the printed media shall include occupational license and/or certificate number. It shall be a violation of this ordinance to advertise a S~rVice that one is not licensed to provide. ~(' SECTION TNENT~THREE. USE FOR IMMORAL PURPOSES. [ It shall be unlawful for the operator of a vehicle for hire to ~. Permit any Person to accomDanV or use such Public conveyance for the pu~ose of prostitution, lewdness or assignation, or to direct, take ~ or transgort, or offer or acres t~ direct, take or transport any ]~ other person with knowledue or reasonable cause to believe that the ~ur~_ose of such direct[n~, takin~ or transportin~ is for the burnoose of ~rostitution. lewdness or assi~nation. ' ~ECTXON-~I~N-TNe ~ PENALTIES. !~. A violation of any section of this Ordinance, in addition to ~' being the grounds of suspension or rev¢cation of a motor vehicle for hire certificate, shall be considered a misdemeanor and aha11 be .. punishable by a fine not exceeding five hundred dollars ($500) /. and/or sixty (60) days in jail for each day of violation. Each day of continued violation shall be considered a separate and distinct ~.. ~,~. offense. In addition, authority is hereby given to es the Public Vehicle Board to seek civil relief through temporary and/or permanent injunction action e~, an action for damages for any .,.~ violations hereof, or before the appropriate_ _ Collier County Code Enforcement Board. Words ~1~ are added; works st~uek-theeuqh are deleted 8Bf~ZON TWO. CONFLZCT AND In ~e even~ this Ordinance con~l~c~s wt~h any o~he~ o~dlnance of Collier County or other applicable law, the more restrictive ~hall apply. If any phrase or portion of ~his ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, ~uch portion shall be deemed a separate, distinct and independen~ provisions and such holding shall not affect the validity o~ the ~lning potion. IR~XON ~E~, RFPE~X~ D~TB. ~il ordinance shall become effective upon receipt of notice '~' ~rO~ the Secretary of State that this ordinance ha8 been filed '~e Se~eta~ of the State. ,, PASS~ ~D D~Y A~ED by the Board of County Co~issioners of cOllier Co~ty, Florida, this . 6=h day of ..JCB~ , 1990. A~ST=". BO~ OF CO~Y CO~ISSXON~ Assistant County Attorney ~ ~e~ ~i~/~ ~ 39 22A ,.': '-1lords ~ are added; works streek-~hro~gh are deleted - soul~ of t~e cen~r line of --- Cou.~ Road 846 .~Ilmokalee Roaoj, I '. and Yest of the center ltne of State Rc~ad 951 'lnclud'Ing all ,-0 of t~at area known as I~arco Island. ZOBE B: Zone B tncludes all t~at area ' not described Jn Zone A. ~ . ¢J~ . STATE OF FLORIDA } oF COLLIER ) I, JMES C. GILES, Clerk of Courts in and for the '?~'~ Tw, ntleth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: · Ordinance No. 90-§1' which wa8 adopted by the Board of County Commissioners on ~." ' the 6th day of June, 1990, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this ?th day of June, 1~0. JAMES C. GILES .~'.~.1.,. . ~"' Clerk of Courts and Cler~ Ex-offtcl~ to Board of'~ "..~ ~.- County Conmlsstoners '' ;~.. Deputy Clerk ' .?~ t,,a .. 39 , 226