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Ordinance 88-037ORDINANCE NO. 88-37 follows: SECTION ONE. For the COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 86-4, as amended, is hereby amended to read as DEFINITIONS. purposes 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: (1) "Taxicab" means a motor vehicle designed to accom- modate not more than six (6) passengers, exclusive of the driver, equipped with 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 operation when the vehicle is in use for transportation of any passenger, and the route or destination is controlled'by the passengers therein. (2) "Limousine" means any motor vehicle that is engaged for the exclusive use of the passenger, not equipped with a taximeter, which prov~es seating accommodatioDs f~r. not more than eight (8) passengers, exclusive of the driver, where the route or destination ii controlled by the passenger, and the rates of which are based upon a pre-determined hourly or door to door price. ! Words Underlined are added; Words S~uek-Th~ou§h are deleted AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY . ORDINANCE NO. 86-4, AS AMENDED, BY PROVIDING FOR AN EXEMPTION TO THE REQUIREMENTS OF ':~':' ORDINANCE NO. 86-4 FOR "COORDINATED COMMUNITY · ". TRANSPORTATION PROVIDERS" AS DEFINED IN ..~'-"-~ SECTION 422.011(5), FLORIDA STATUTES; PROVIDING .; ~..~: FOR RENUMBERING OF THE SECTIONS AS APPROPRIATE; ~.~...j DECLARING AN EMERGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY (3) "Van" means a motor ~ehicle 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 pre-determined hourly or door to door price. (4) "Bus" means a motor vehicle that is designed or engaged to transport fifteen (15) or more passengers for compensation. . (5) "Trolley" means a motor vehicle that is designed · or engaged to transport fifteen (15) or more passengers for compensation. B. "Owner" means an individual, corporation, partnership, 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" means the Board of County Commis- sioners of Collier County, Florida. D. "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 taxicab or a taxicab business in Collier County. E. "Holder" means a person to whom a certificate of public convenience and necessity has been issued. SECTION 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 ""u~: ..... c Vehicle 'Boar~. - ...... Ail persons or owners who are currently and validly registered and permitted to engage in the business of transportation of pas- sengers for hire by Collier County, as of the date of adoption of this Ordinance, shall be entitled to receive a certificate, of Words Underlined are added; Words $~ek-Th~eugh are deleted p~blic convenience and necessity pursuant this ordinance, upon the filing of an application as prescribed by Section ~e~ Fiv~ except that no public hearing shall be required for issuance of certificate to such persons or owners. SECTION THREE. Exemption. Any owner or transportation provider which has been designated as a "Coordinated Community Transporation Provider" as defined in Section 427.011(5)~ Florida Statutes~ is hereby exempt from the requirements and provisions of this Ordinance. SECTION THRSB FOUR. PUBLIC VEHICLE BOARD AND ADVISORY CONMITTEE. There is hereby established a Public Vehicle Board which shall consist of the Board of County Commissioners of Collier County. The Board of County Commissioners 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 of a certificate issued pursuant to this Ordinance. The members of the Public Vehicle Advisory Committee shall be appointed by and serve at the pleasure of the 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. SECTION PedR FIVE. APPLICATION FOR CERTIFICATE~ A. An application for certificate shall be filed with the Public Vehicle Board on forms provided by' the County Manager or his designee and said application shall be verified under oath and shall furnish the following information~ (1) Name and address of the applicant. Words Underlined are added~ Words 6t~aek-~e~W~ are deleted (2) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the natu. ~ 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. (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 recom- mendations as to whether a certificate should be issued to the applicant and as to the classification as a taxicab, limousine, van, trolley or bus. In making its recommendations the Committee shall consider and address those standards set forth in Section Five for issuance of a certificate by the Public Vehicle Board. Upon receipt of the Committee's recommendations, the Public Vehicle Board shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant 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. SECTION P~V~ SIX. ISSUANCE OF CERTIFICATEJ If the Public Vehicle Board finds that further motor vehicles for hire service in Collier County is required by the public convenience and necessity, and that the applicant is fit, 4 Words Underlined are added; Words S~uek-Th~eu~h are deleted willing and able to perform such public transportation and to conform to the provisions of this ordinance and the rules prom- ulg& ed by the P~blic Vehicle Board, then the Public Vehicle Board shall issue a certificate stating the name and address and classification of the applicant, otherwise, the application shall be denied. In making the above findings, the Public Vehicle Board 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 probable effect of increased service on local traffic conditions and the character, .experience and responsibility of the applicant. SECTION S~ SEVEN. MINIMUM INSURANCE REQUIREMENTS. All taxicab, owners and operators shall have in full force and effect motor vehicle liability insurance for each motor vehicle in the amount of Fifty Thousand Dollars ($50,000.00) for bodily injury to any one person; in the amount of One Hundred Thousand Dollars ($100,000.00) for injuries to more than one person which are sustained in the same accident, and in the amount of Twenty Thousand Dollars ($20,000.00) for property damage sustained in one accident. Ail limousine and van owners 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 ($100,000.00) for bodily injury to any one person; in the amount of Three Hundred Thousand Dollars ($300,000.00) for injuries to more than one person which are sustained in the same accident, and in the amount of Twenty Thousand Dollars ($20,000.00) for property damage sustained in one accident. All trolley and bus owners and operators shall have in full force and effect motor vehicle liability insurance for each motor vehicle in the amount of Five Hundred Thousand Dollars ($500,000.00) for bodily injury to any one person; in.the amount of One Million Dollars ($1,000,00D.00) for injuries, to more than one person which are sustained in the same accident, and in the amount of Fifty Thousand Dollars ($50,000.00) for ; property damage sustained in one accident. Said insurance shall 030 268 Words Underlined are added; Words S~ek-Threu~h are deleted inure to the benefit of any person who shall be injured or who shall sustain damage to property proximity caused by the neg! ~ence of the certificate holder, his masters,' servants or agents. Nothing in this section shall be construed to waive any applicable state or federal laws which require a higher amount of minimum insurance. A certificate of insurance shall be filed and recorded.in the office of the County Clerk and shall have as an agent thereon a insurance company authorized to do business in the State of Florida. Said insurance policies must be issued for a minimum of one (1} year and cover each vehicle in use throughout Collier County. Further, said insurance policies shall be endorsed to provide for thirty (30) days notice by registered mail to the County Clerk 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. SECTION SBV~N EIGHT. CERTIFICATE FEES. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual certificate fee of fifty dollars ($50.00) for the right to engage in the motor vehicle for hire business. Said certificate fee shall be for the calendar year 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. SECTION B~GHT NINE. TRANSFER OF CERTIFICATE PROHIBITED. No certificate of public convenience and necessity may'be' sold, assigned, mortgaged or otherwise transferred without the consent of the Public Vehicle Board. SECTION N~NB TEN. SUSPENSION OR REVOCATION OF CERTIFICATE. The certificate issued under the provisions of this ordinance may be revoked or suspended by the Public Vehicle Board if the holder thereof has (a) violated any'of the provisions of this ordinance, or (b} discontinued operations for more than 30 days, or (c) has violated any ordinances of the County of Collier, the laws of the United States or the State of Florida, Words Underlined are added~ Words 6~k-Th~ are deleted the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. 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. SECTION T~N 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, excluding drivers, shall register with the County Manager or his designee. Registration shall include the name of the owner, business address, proof of insurance, valid registration, and address where manifest/trip log records are to be kept if different from the business address. SECTION BB~VBN TWELVE. MINIMUM 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: (1) Interior rearview mirror and an exterior side view mirror on driver's side. (2) Speedometer, and taximeter if applicable, properly installed, in good working order and exposed to the view of both the driver and the passenger(s). (3) Interior clean, sanitary, free from torn uphol- stery or floor coverings and from damaged or broken seats. (4) Doors hinges and latches in good mechanical working order with all opening easily and closing securely. (5) Vehicle structurally sound and mechanically operable with a minimum of noise and vibration. (6) The body, fenders, doors, trim and grill free from holes, cracks, breaks and dents, and painted. (7) (8) (9) (10) (including but not limited to slippery floors, sharp edges, and unpadded interior dc~%~ead~c.~arances.) : Words Underlined are added~ Words 6~mek-Th~e~g~ are deleted Vision unobstructed on all four '(4) sides. Approved rate schedule prominently displayed. Interior light which functi6ns properly. Vehicles for Hire must be free of hazards (11) Brakes, including emergency, must operate effectively and be free of noise. (12) Exhaust emission must be free of smoke from excessive use of oil. (13) Tires with no wear bars showing and free from excessive wear and tear. SECTION TW~BYB THIRTEEN. TAXICAB SERVICE STANDARDS. · A. All taxicab drivers shall accept any and all passengers 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 accepting passengers, the driver shall not discriminate on 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 reasonable apprehension of fear for his safety. B. Taxicab drivers shall transport passenger~ to their destination by the most direct available route from the place where the passenger enters the cab, and no person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger. SECTION TH}RT~N FOURTEEN. DESIGNATION OF TAXICABS. The designation of a vehicle as a taxi or taxicab, and the name of the taxicab company are to be clearly displayed on the cab, and in lettering, which is at least four (4) inches'in height and is clearly visible to any and all customers. 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 .... SECTION Fe~RT~N FIFTEEN. SCHEDULE OF TAXICAB RATES AND CHARGES. A. For purposes of rate regulation of taxicabs, the County is hereby divided into Zones A, B, and C, which Zones are graph- ically depicted on Exhibit I, attached hereto and incorporated 8 ~ords Underl~ne~ are added~ ~ord~ ~ae~-~a§~ are deleted herein by reference. A general description of said Zones is included in Exhibit 1. Rates and charges by owners and operators of vans, limousines, trolleys and buses shall be unregulated. B. The following schedule of maximum Rates is hereby established for Taxicabs operating in Zones A and B of Collier County (See Exhibit I). One dollar and seventy-five cents ($1.75) for the first one-tenth (1/10) mile and twenty-five cents (25¢) for each two-tenths (2/10) mile thereafter. C. The following maximum charges are hereby established in addition to the maximum Rates set forth in subsection (A) hereof= 1. Fifteen dollars ($15.00} per hour waiting time when requested by the passenger after initial pickup. Two dollars ($2.00) each for trunks and foot lockers. 3. One dollar ($1.00) per person over one in each party from pickup point to destination. 4. Twenty-five cents (25¢) for each bag of groceries or other merchandise over two if loaded by driver. 5. Fifty cents {50¢) for each piece of luggage over one. 6. Fifty cents (50¢) for each intermediate stop requested by a passenger in route from pickup point to destination. 7. One dollar {$1.00) for each bike or pet kennel. D. A $5.00 maximum zone charge may be charged for any Fare originating or terminating within Zone B (See Exhibit I). This zone charge is in addition to the maximum Rates identified above for Zones A and B. E. Zone C (See Exhibit I} Rates shall be unregulated.. F. The Commission may, from time to t~me, require the owners and operators of Taxicabs appear before the Public Vehicle Board for the purpose of reviewing their said rates for reasonableness. And said owners and operators may petition the Public Vehicle Board for a review of their rates. Words Underlined are added; Words St~ue~-~h~e~h are deleted G. Any passenger of any taxicab may make demand for a receipt showing his fare and such receipt shall be given by the dri ~r, showing the number of the cab, the date and hour of the delivery of the receipt and the amount of fare paid by the passenger. SECTION P~PT~N SIXTEEN. DAILY MANIFEST OR TRIP LOG REQUIRED. Every taxicab owner or operator shall maintain a da~ly manifest, otherwise known as a trip log, upon which he shall promptly and legibly record the following information~ Name of driver, vehicle number, year, month, date, the starting time, 91ace of origin and destination of each trip, the amount of fare collected and the number of passengers, the total miles or units accumulated during an operator's driving period. Ail 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 shall be of a design approved by the County. 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 S~T~N SEVENTEEN. CHAUFFEUR'S LICENSE REQUIRED FOR DRIVERS. Ail drivers of motor vehicles for hire shall hold a current and valid chauffeur's license issued by the State of Florida in said driver's name. SECTION ~B¥~NTBBN EIGHTEEN. CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY DRIVERS PROHIBITED WHILE ON DUTY. No driver of a motor vehicle for hire shall consume alCohol- ic beverages or any controlled substances.of a~y kind or of any amount whatsoever while on duty or while driving. 10 Words Underlined are added; Words S~=~ek-Th~eH~h are deleted SECTION B~GHT~N NINETEEN. UNLAWFUL TO OPERATE OR TO PERMIT OPERATION OF A 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 provisions of the Ordinance. SECTION N~NBT~N TWENTY. APPLICABILITY OF ORDINANCE. 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 municipal law enforcement officers to enforce these provisions within the territorial areas of their respective jurisdictions. This Ordinance in intended, and shall be construed, as a direct regulatory measure uniform in application throughout all Collier County, Florida. SECTION TWBNT¥ TWENTY-ONE. ORDINANCE NO. 83-50 REPEALED Ordinance No. 83-50 which provided for the registration and regulation of operators of motor vehicles for hire within Collier County is hereby repealed. SECTION TW~NT¥-SN~ TWENTY-TWO. PENALTIES A violation of any section of this Ordinance, in addition to being the grounds for suspension or revocation of motor vehicle for hire certificate, shall be considered a misdemeanor and shall be punishable by a fine not exceeding five hundred dollars ($500.00) 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 Collier County as the Public Vehicle Board to seek civil relief through temporary and/or permanent injunction action or action for damages for any violations hereof. SECTION TW~NT¥-TWe TWENTY-THREE., Emergenc~, nec!ared. This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and. by no less than four-fifths (4/5ths) vote of the membership of the Board does hereby waive notice of intent to consider this Ordinance. 274 11 Words Underlined are added; Words S%~uek-Th=~ugh are deleted SECTION ~WBN~¥-~HRRB TWENTY-FOUR. CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordJ 'ance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall affect the validity of the remaining portion. SECTION TWENTY-FIVE. EFFECTIVE DATE. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same' with the postal authorities of the government of the United States for special delivery by certified mail, postage prepaid, to the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/~~'- day of-~~ , 1988. ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk OF COLLIER COUNTY, FLORIDA kpprove4~':as to form and lega~ '~ufficiency: Kenneth B. Cuylef Assistant County Attorney ARNOLD LER GLASS, Chairman 275 ' 12 Words Underlined are added; Words ~ek-~h~e~h are deleted STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 88-37 which was adopted by the Board of County Commissioners on the 19th day of April, 1988, during Regular Session, via emergency procedure. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of April, 1988, JAMES C. GILES Clerk of Courts and cle~ o Ex-officio tO Board ~.'.'~ '..~'~' Count~missioners--...". ° '% By: Virginia Magri Deputy Clerk ~9~... ....... ,~