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Ordinance 83-50ORDINANCE NO. ~3 - 50 AN ORDINANCE PROVIDING FOR THE REGISTRATION AND REGULATION OF OPERATORS OF MOTOR VEHICLES FOR HIRE WITHIN COLLIER COUNTY; PROVIDING FOR DEFINITIONS; REQUIRING A PERMIT AND WRITTEN APPLICATION TO OPERATE A MOTOR VEHICLE FOR HIRE; PROVIDING FOR APPEAL UPON A REFUSAL TO ISSUE A PERMIT; PROVIDING FOR SUSPENSION AND REVOCATION OF PERMITS; PROVIDING FOR A PERMIT FEE AND REQUIRING PHOTOGRAPHS OF APPLICANTS; REQUIRING DISPLAY OF PERMITS AND PHOTOGRAPHS; PROVIDING FOR LIABILITY INSURANCE REQUIREMENTS; PROVIDING A SCHEDULE OF RATES AND CHARGES; REQUIRING METERS AND POSTING OF RATES IN TAXICABS AND FILING OF RATE SCHEDULES; REQUIRING NUMBERING OF MOTOR VEHICLES FOR HIRE AND REQUIRING IDENTIFICATION PAINTED ON TAXICABS AND VANS; REQUIRING VEHICLE CERTIFICATES; REQUIRING MINIMUM VEHICLE STANDARDS; PROHIBITING CONSUMPTION OF ALCOHOL ON DUTY; REQUIRING TRIP LOGS; PROVIDING THAT IT iS UNLAWFUL TO OPERATE IN VIOLATION OF THIS ORDINANCE; PROVIDING FOR PENALTIES; PROVIDING FOR APPLICABILITY OF SECTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. DEFINITIONS. For the purposes of this Ordinance, the following definitions shall apply: (a) "Applicant" means an individual, partnership, association or corporation who applies for a "Permit" pursuant to the terms of this Ordinance. In the case of partnerships, associations, and corporations, "applicant" i shall also mean each individual with a partnership interest, each associate and the corporate officers and directors. (b) "Compensation" means a return in money, property or anything of value. [c) "Commission" means the Board of County Commis- sioners of Collier County, Florida. (d) "County" means Collier County, Florida. (e) "County Clerk" means Clerk of Collier County. (f) "Fares" or "Rates" mean the charges established pursuant to this Ordinance to be paid by passen- gers as compensation for the transportation services provided by an operator of a "Motor Vehicle for Hire". (g) "Fleet Management Department" means Collier County's Fleet Management Office. (h') "Motor % hicle for Hire" means all vehicles or machines of fourteen (14) passenger capacity or less, excluding the driver, propelled by power other than muscular, used upon the streets to transport passengers for compensation including, but not limited to: (1) "Taxicab" means a motor vehicle designed to accommodate not more than IiX (6) passengers, exclusive of the driver, operated for compensation at rate8 pre- scribed by resolution al authorized by this Ordinance, recorded and indicated by a taximeter in operation when the vehicle is (k) (m) (n) Section 2. (a) 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 provides seating accommodations for not more than eight (8) passengers, exclu- sive of the driver, and where the route or destination is controlled by the passenger. C3) "Van" means a motor vehicle that is engaged to transport not more than fourteen (14) passengers exclusive of the driver and the rates of which are based on a door to door price. "Operator" means a person duly licensed as a Chauffeur by the State of Florida and who holds a permit to operate a Motor Vehicle for Hire pursuant to the provisions of this Ordinance. "Permit" means a certificate authorizing the holder thereof to operate a motor vehicle for hire within Collier County, Florida and issued pursuant to the provisions of this Ordinance. "Sheriff" means Sheriff of Collier County, Florida. "Street" means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public park, viaduct or other places open to the public located in Collier County and established for the use of vehicles. "Taximeter" means any device which ts internally mounted in a taxicab and which records and indicates a charge or fare measured by distance traveled, waiting time or other traditionally compensable activities or items of taxicab service. "Vehicle Certificate" means a certificate issued to Operators of Motor Vehicles for }{ire which have been inspected by the County and meet the minimum safety standards provided by this Ordinance. PERMIT REQUIRED TO OPERATE MOTOR VEHICLE FOR HIRE; WRITTEN APPLICATION. It shall be unlawful for any person to operate or drive any Motor Vehicle For Hire upon any Street in the County without a current and valid chauffeur's license and Operator's Permit. Application for an Operator's Permit shall be filed with the Board of County Commissioners or its designee and shall be in writing and shall be signed and sworn to. Except as otherwise herein provided, the size and form of the Permit and application shall be prescribed by the Board of County Commissioners or its designee. Each Permit shall expire on the let day of July of each year and each Applicant must reapply. Each Applicant for a Permit shall affirmatively show as a minimum requirement for the Permit that the Applicant~ Holds a current and valid chauffeur's license issued by the State of Florida; and (b) Is able to speak, read and write the English language; and (c) Possesses the mental and emotional stability, as well as the physical ability, to safely carry out the duties inherent in operating a Motor Vehicle For Hire. No person shall be issued an Operator's Permit who is addicted to the use of narcotics or intoxicating liquors, who has pled nolo contend.re, pled guilty, or been convicted of a felony or of any criminal offense involving moral turpitude or a crime involving the use of deadly weapons or trafficking in narcotics unless said person's civil rights have been restored. Section 3. REFUSAL TO ISSUE~ APPEAL. Any Applicant denied an Operator's Permit shall be provided with a written notice stating the reasons for denial. Any Applicant refused an Operator's Permit by the Board of County Commissioners designee may appeal to the Commission, which may reverse the ruling of the designee on such application and direct the issuance of a Permit. The notice of denial from the designee shall state that the Applicant has the right to appeal a denial to the Commission. An appeal to the Commission must be filed within thirty (30) days of the date of the denial. Section 4. SUSPENSION AND REVOCATION. (a) An Operator's Permit shall be subject to suspension or revocation by the Commission upon ten (10) days written notice and hearing before the Commission, unless waived by the Operator, when it shall appear that: (1) The Operator has failed to comply with or has willfully violated any of the provisions of this Ordinance; or the Permit was obtained by an application in which any material fact was omitted or falsely stated; or the Operator has pled guilty or nolo contenders to a felony, to any criminal offense involving moral turpitude, or to driving under the influence of alcohol or narcotics, or has been convicted of same; or (2) The public interest will best be served by revocation or suspension, providing, however, that good cause be shown. (b) An Operator's Permit shall be automatically suspended for thirty (30) days when any Operator has pled guilty or nolo contend.re to more than two moving traffic law violations within a twelve (12) month period or has been found guilty of same. (c) Suspensions pursuant to this Section shall not exceed six (6) months. Three or more suspensions within any 12-month period shall constitute grounds for revocation of the Operator's Permit so suspended. The duration of suspension shall be determined by the Board of County Commissioners after notice of public hearing as provided for herein. Section 5. FEE; PHOTOGRAPHS OF APPLICANTS. Section 6. Section 7. Section 8. (a) (a) A fee of fifty dollars ($50) shall be charged for the application for a Permit to operate or drive a Motor Vehicle for Hire in the County. A fee of ten dollars shall be charged for the application for renewal of a Permit to operate or drive a Motor Vehicle for Hire in the County. (b) Ail Applicants for Permits to operate a Motor Vehicle for Hire shall be required to furnish two (2) prints of a photograph of said operator, the size and kind to be specified by the Board of County Commissioners or its designee. One of such photographic prints, with the signature of the applicant affixed thereon, shall be attached to the Permit when issued. DISPLAY OF PE~IIT AND PHOTOGRAPH IN MOTOR VEHICLE FOR HIRE. (a) The Permit required by Section 2 and the photograph of the Operator with his or her signature affixed, shall be displayed in a conspicuous place in each Motor Vehicle for ]{ire driven by said operator so as to be plainly visible and readable from the front and back seat by day or night. LIABIiITY INSURANCE REQUIRED. (a) ~o Permit to operate a Motor Vehicle for Hire shall be issued or continued in operation in Collier County unless there is in full force and effect automobile liabil- ity insurance for each automobile 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 ir, the amount of Twenty Thousand Dollars ($20,000.00) 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 the property proximately caused by the negligence of the Permit holder, his masters, servants or agents. 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 1 year and cover each vehicle throughout Collier County. Further, said insurance policies shall be endorsed to provide for thirty (30) days ~ctice by registered mail to the County Clerk of any material change, cancellation, or expiration. SCHEDULE OF RATES ESTABLISHED; ADDITIONAL CHARGES~ REVIEW AND REVISION. For purposes of rate regulation of Vehicles for Hire, the County is hereby divided into Zones A, B, and C, which Zones are graphically depicted on Exhibit I, attached hereto and incorporated herein by reference. A general  esGription of said Zones is included in Exhibit , ~age z. (c) (d) (e) (f) (g) Section 9. (a) 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 25/100 ($1.25) for the first one-tenth (1/10) mile and ten cents (10¢} for each one-tenth (1/10) mile thereafter. The following maximum charges are hereby estab- lished in addition to the maximum Rates set forth in subsection (a) hereof: (~) Twelve Dollars ($12.00) per hour waiting time when requested by the passenger after initial pickup. (2) Two Dollars ($2.00) each for trunks and foot lockers. (3) Twenty-Five Cents (25¢) per person over one in each party from pickup point to destination. (4) Twenty-Five Cents (25¢) each bag of groceries or other merchandise over two if loaded by driver. (5) Twenty-Five Cents (25¢) each piece of luggage over one per passenger. (6) Twenty-Five Cents (25¢) each intermediate stop for passenger en route from pickup point to destination. 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. Zone C (See Exhibit I) Rates shall be unregulated. Vans and Limousines providing reserved specialized service are exempt from these Kates. However, any Van providing service on an unreserved basis and offering bulk or door-to-door service shall not exceed $30.00 per trip or $10.00 per person as a Fare, whichever is greater. The Commission may, from time to time, require the owners and Operators of Taxicabs, Vans or Limousines to appear before the Commission for the purpose of reviewing their said rates for reasonableness. METERS~ FILINGf POSTING. Every owner and Operator of a Taxicab in Zones A and B of tl~' County (See Exhibit I) shall install in uach cab owned or operated, a certified calibrated Taximeter therein, to determine the cost of taxi transportation within Collier County. Every owner and/or Operator of a taxicab within Zones A and B of the County shall file a sworn copy of the schedule of Rates on said meter and shall file the same with the Board of County Commissioners or their designee. Every owner and Operator of a Taxicab in the County shall post in a conspicuous place in each Taxicab a list or schedule of the Fares so as to be plainly visible and readable from the front and back seat by day or night. Rate accuracy of Taximeters shall be checked against a measured mile by the Board of County Commissioners or its designee, during the one safety inspection each year. Section 10. MOTOR VEHICLES FOR HIRE TO BE NUMBERED~ IDENTIFICATION PAINTED ON TAXICABS AND VANS. (a) Every Motor Vehicle for Hire operating in the County shall be assigned a number by the Board of County Commissioners or its designee. (b) Every Taxicab and Van operating within the County shall have painted or affixed on each side thereof, in letters at least four (4) inches in height and in colors contrasting to the color of the auto or background on which painted, the following identification: (1) The name of the company or owner, and (2) The number assigned to such Taxicab or Van by the Board of County Commissioners or its designee. Section 11. VEHICLE CERTIFICATE REQUIRED~ MIHIMUM VEHICLE STANDARDS. (a) It shall be unlawful for anyone to operate or drive any Motor Vehicle for Hire upon any street in the County prior to securing a Vehicle Certificate by meeting the following minimum standards for safety and maintenance in Collier County; these standards shall be enforced by the Board of County Commissioners or its designee through inspections of each Motor Vehicle for }{ire at least once every twelve (12) months. Said inspection to occur during November of each year. A twenty five dollar ($25.00) inspection fee shall be charged and collected for each inspection of a Motor Vehicle for }lire. Any Motor Vehicle for Hire which fails to meet the minimum standards set forth below shall have thirty (30) days in which to comply with such standards without being charged another inspection fee. Minimum standards for Motor Vehicles for }{ire shall be as follows: (1) Interior rearview mirror and an exterior side view mirror on driver's side. (2) Speedometer 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 upholstery or floor coverings and from damaged or broken seats. (4) Doors hinges and latches in good mechanical working order with all doors opening easily and closing securely. 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) Vision unobstructed on all four (4) sides. (8) Permit and registration prominently dis- played. (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 unpadded interior door head clearances.) (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. Section 12. CONSUMPTION OF ALCOHOL PROHIBITED WHILE ON DUTY. (a) No Motor Vehicle for Hire Operator shall consume alcoholic beverages of any kind or of any amount whatsoever while on duty or while driving; and violation of this section by an Operator shall constitute grounds for revocation of such Operator's Permit. Section 13. MANIFEST/TRIP LOG REQUIRED. (a) Every Motor Vehicle for Hire 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 driver, vehicle number, year, month, date, the starting time, placc 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. 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 tot each manifest shall be furnished to the Operator by said owner and shall be of a design approved by the County. Permit holders shall not destro}., 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 14. UNLAWFUL TO OPERATE IN VIOLATION OF THIS ORDINANCE. It shall be unlawful for any person to operate a Motor Vehicle for Hire in violation of any of the provisions of this Ordinance. Section 15. PENALTY FOR VIOLATION OF ORDINANCE PROVISIONS. A violation of any section of this Ordinance, in addition to being grounds for suspension or revocation of an Operator's Permit, 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. Section 16. APPLICABILITY OF SECTIONS. 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 peace officers to enforce these provisions within the territorial areas of their respective Jurisdictions. This Ordinance is intended, and shall be construed, as a direct regulatory measure uniform in application throughout all Collier County, Florida. Section 17. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconsti- tutional by any court of competent Juris- diction, such portion shall be deemed a separate, distinct and independent pro- vision and such holding shall not affect the validity of the remaining portion. Section 18. EFFECTIVE DATE. This Ordinance shall become effective when filed with the Secretary of State. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, this 8th day of November , 1983. DATE: November 8, 1983 9/30/83-JI1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B Y: /~/¢.,,~_~ Ma'ry-/rances Kruse/CtiAIRMAN Approved as to form and legal sufficiency Burr L. Saunders County Attorney This ordinance filed with the Secretary of State's Office the 16th day of November; 1983 and acknow~ ledgement of that filing received this 18th day of November, 1983. --OOuise Chesonis', Deputy clerk ' ,oo 0i7 298 COUNTY FLORII)A EXHIBIT I, Page 2 ZONES A, B AND C ARE DEFINED AS FOLLOWS; ZONE A: Zone A includes all that area south of the center line of County Road 896 (Pine Ridge), west of the centerline of County Road 31 (Airport/Pulling Road), and north of Gordon Pass. ZONE Zone B includea all that area to the north, south and east of the boundary lines for Zone A and those areas south of the northern county line and west of Section 11, 14, 23 and the center line of State Road/County Road 951 including ali of that area known as Marco Island. ZONE C~ Zone C includes all that area not described in Zones A and B. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of~ ORDINANCE NO. 83-50 which was adopted by the Board of County Commissioners during Regular Session the Bth day of November 19R3. WITNESS my hand and the official seal of the ~oard of County Commissioners of Collier County, Florida, this 8th day of November, 19R3. WILLIAM J. REAGAN Clerk of Courts a~d' Clerk ,',. Ex-Officio to Board of County Commissioners V-t r g i ~'/~ Ma~r'i Deput~ Clerk ., , 017