Loading...
HomeMy WebLinkAboutO-1956-358 ORDINANCE NO.3S$ AN ORDINANCE REPEALING THE PRESENT CHAPTER 26 OF THE CODE OF ORDINANCES OF 'THE CITY OF DANIA RELAT- ING TO VEHICLES FOR HIRE IN ITS ENTIRETY AND ADOPT- ING A NEW CHAPTER 26 TO RELATE TO VEHICLES FOR HIRE AND TAXICABS, AMONG THE PROVISIONS OF WHICH THERE IS A SECTION 1 TO DEFINE TAXICABS; A SECTION 2 TO SET FORTH THE REQUIREMENT THAT TAXICAB OPERATORS BE PROPERLY LICENSED; A SECTION 3 TO PROVIDE THAT TAXI- CAB OPERATORS SHALL OBTAIN A BOND PRIOR TO THE IS- SUANCE OF A TAXICAB LICENSE; A SECTION 4 TO PROVIDE A SCHEDULE OF RATES UNDER WHICH TAXICABS MAY OPER- ATE IN THE CITY OF DANIA; A SECTION 5 PERTAINING TO THE ESTABLISHMENT OF TAXICAB STANDS IN THE CITY OF DANIA; A SECTION 6 PERTAINING TO ADVERTISING MATTER PERMITTED ON TAXICABS; A SECTION 7 PERTAINING TO DRIVERS OF TAXICABS SOLICITING PATRONAGE FOR HOTELS, SELLING ALCOHOLIC BEVERAGES AND UNLAWFUL USE OF TAXICABS; A SECTION 8 TO PROVIDE THAT TAXICAB OPER- ATORS SHALL REPORT ACCIDENTS; A SECTION 9 PERTAINING TO THE NUMBER OF TAXICAB PERMITS TO BE ISSUED; A SECTION 1.0 PERTAINING TO THE ISSUANCE OF A CERTIFI- CATE OF PUBLIC CONVENIENCE AND NECESSITY; A SECTION 11 PERTAINING TO TAXICAB METERS; A SECTION 12 TO PRO- VIDE THAT TAXICABS SHALL BE AVAILABLE 24 HOURS PER DAY BY TAXICAB OPERATORS; A SECTION 13 PERTAINING " TO FAILURE OF PASSENGERS IN TAXICABS TO PAY FARES; A SECTION 14 PERTAINING TO THE PLACE OF STORAGE OF TAXICABS; A SECTION 15 PERTAINING TO THE DISPLAY OF A CHAUFFEUR1S BADGE BY EACH DRIVER OF A TAXICAB; A SECTION 16 PERTAINING TO REQUIREMENTS AND PROHI- BITIONS OF OWNERS AND OPERATORS OF TAXICABS; A SECTION 17 PROVIDING THAT THIS CHAPTER SHALL NOT BE APPLICABLE TO BUSES; A SECTION 18 MAKING IT UNLAW- FUL TO REFUSE TO CONVEY PASSENGERS; A SECTION 19 PERTAINING TO DEFRAUDING OPERATORS. i WHEREAS, the City of Dania, Florida, as a municipal corpora- tion, desires to repeal its present ordinances pertaining to taxicabs and vehicles for hire in their entirety so that a new ordinance may be adopted pertaining to taxicab operations, i NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1: That Chapter 26 of the Code of Ordinances of the City of Dania, Florida, relating to vehicles for hire be and is hereby repealed in its entirety. -1- i 1 I 1 J I i Section 2: That a new ordinance in its entirety is hereby adopted as Chapter 26, Code of Ordinances, City of Dania, Florida, and shall read as follows: Sec. 26-1.. Definition. A taxicab is defined as a vehicle conveying passengers for hire at a rate not to exceed the rate provided in section 4 hereof, and for which vehicle the owner or operator thereof provides a person to direct, drive and operate such vehicle and which is equipped and operated with a meter as provided in section 11 hereof. Sec. 26-2. License. It shall be unlawful for any person to engage in or carry on the business of operating a taxicab as defined herein within the City without first obtaining a license from the City to do so. The annual license fee for each taxicab permit shall be and is hereby fixed at $25. 00, and same shall become due and payable immedi- ately upon the issuance of the permit, and be renewable each year there- after on the same date as other occupational licenses of the City of Dania. Sec. 26-3, Bond Prerequisite to Issuance• Amounts. Before a license is issued to any owners of any vehicle for hire as defined in section 1 hereof, the City shall require them to place in the hands of the Clerk a public liability and property damage insurance policy with some recognized insurance company, which is a satisfactory to the City Commission, the minimum personal liability allowance being ten thousand dollars and maximum twenty thousand dollars and the minimum property damage allowed one thousand dollars. Sec. 26-4. Rates. The maximum rates to be charged by taxicabs for the trans- portation of passengers within the corporate limits of the City shall be as follows: (a) 35r for the first one-sixth mile or any part thereof, and 5Y for each additional one-sixth mile or any part thereof, plus wait- ing time at the rate of $3. 00 per hour; (b) No additional charge shall be made for the transportation of extra passengers, provided, however, that a charge of not more than 10Y may be made for baggage over and above one piece; i I I j I (c) A straight charge of 75" shall be made for transporting passengers from the intersection of Federal Highway and Dania Boulevard to the Dania Beach. A straight charge of $1. 00 shall be made for transporting passengers from any other section of the City to Dania Beach. Sec. 26-5. Establishment of Taxicab Stands. The Chief of Police is hereby authorized and empowered to establish taxicab stands in such place or places upon the streets of the City as he shall deem necessary for the use of taxicabs operating in the City, provided, however, that the number of stands allowed shall be limited to the number of outstanding taxicab permits. Sec. 26-6. Advertising Matter Permitted on Taxicabs. The operators of taxicabs shall be permitted to display adver- tising matter on taxicabs and make a charge for such space, provided ,such advertising matter shall be displayed only in a frame or holder on the rear panel of the taxicab, and such frame or holder shall not protrude over sides of the taxicab or the bumper or above the bottom of the rear window. Sec. 26-7. Soliciting Patronage for Hotels; Selling Alcoholic Beverages; Unlawful Use of Cabs. It shall be unlawful for any driver of a taxicab to solicit busi- ness for any hotel, or to attempt to divert patronage from one hotel to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle for any unlawful purpose. Sec. 26-8. Accidents, Reporting to Police. All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person, or damage to any vehicle or property in an amount exceeding the sum of fifty dollars, shall be reported in writing within twelve hours from the time of occurrence to the Police Department of the City. Sec. 26-9. Number of Taxicab Permits to be Issued. The number of taxicab permits that may be issued by the City shall not exceed five (5). The first five taxicab permits to be issued to • Great Yellow Checker Cab Co. The City Commission shall not issue any permits over five in number until the population of the City reaches, 61 000 in number, according to the last Federal census. Thereafter, the number of permits to be issued shall be issued at the ratio of one taxicab permit to each one thousand persons. -3- LI J Sec. 26-10. Certificate of Public Convenience and Necessity. No person shallq)erate any vehicle for hire as defined in section 1 hereof upon any of the streets or highways of the City with- out first having obtained from the City Commission a certificate of public convenience and necessity, as hereinafter provided. Applica- tion for such certificate of public convenience and necessity shall be filed with the City Commission in writing, verified by the applicant, and shall specify the following matters: (a) The name and address of applicant and the names and addresses of its officers, if any. (b) The number of motor vehicles applicant desires to operate. (c) A brief description of each vehicle, including motor num- ber, which the applicant desires to operate for use. (d) The rate and fares to be charged. (e) Any other information which applicant believes to be pertinent. Upon filing such application, the City Commission shall fix a -� time for hearing and acting upon such application. Notice of such hear- ing shall be given to the applicant and all other operators of vehicles for hire of the same class upon any of the streets or highways within the City. Such notice shall contain a brief summary of the subject matter of the application, the type of service proposed, the territory to be served and any other pertinent facts in connection therewith, and shall be mailed at least five (5) days prior to the date assigned for hearing of such application. At the time specified in such notice, or at such subsequent time as may be fixed by the City Commission, a public hearing upon such application shall be held by the City Commis- sion. At or after such hearing, the City Commission may issue a cer- tificate of public necessity and convenience as applied for or refuse to issue the same,or mayissue the same with modifications or upon such terms and conditions as in its judgment the public convenience and necessity may require, taking into consideration the effect that the granting of such certificate may have upon transportation facilities within the territory sought to be served by the applicant and also the effect upon transportation as a whole within the City. When any such application is heard and denied, the City Com- mission shall not thereafter entertain any further application covering the identical or similar routes, schedules or service until the expira- tion of at least three months from the date of such denial. When any application for a certificate of public convenience and necessity is made by any person the City Commission shall grant such -4- I 1 application only when the existing certificate holders of the same class of vehicles fail to provide service and facilities which may reasonably be required by the City Commission. Every certificate of convenience and necessity issued under the provisions of this section shall contain, among other things, the following; (a) The name of the grantee. (b) The number of vehicles which the applicant or grantee is permitted to operate. (c) The rate of fares to be charged. (d) Such additional terms, conditions, provisions, and limitations as the City Commission may deem necessary or proper in the public interest. No certificate of public convenience and necessity, issued under the provisions of this section, shall be assigned or transferred without the consent or approval of the City Commission. Sec. 26-11. Taxicab Meters. No taxicab shall be allowed to ply for hire on the streets of the City without a meter, which meter shall conform to the type of meter usually maintained on taxicabs, and shall be maintained and used for the purpose of correctly measuring and computing the distance travelled by such taxicab while employed, and shall be operated by mechanical means, the power for which is derived by cable from the transmission of such taxicab, or by star gear attached to the front wheels of such taxicab, before such taxicab may be operated for hire . ' on the streets and thoroughfares of the City. Such taxicab and meter shall be subject to inspection by the Police Department of the City. Sec, 26-12, Taxicabs to be Available Twenty-Four Hours Per Day for Entire year Revocation of Certificate Taxicabs shall be made available for the use of the public twenty-four hours per day of each and every day in the year. A fail- ure to comply with the provisions of this section by the owner, lessee, or agent, shall be cause for revocation of his certificate of public convenience and necessity. Sec. 26-13. Failure of Passengers to Pay Fare. It shall be unlawful for any person engaging the services of any vehicle for hire as defined in section 1 hereof to fail or refuse to pay the lawful charge or rate therefor upon request of the operator of such service after the use of such vehicle for hire. i i -5- I i Sec. 26-14. Place of Storage. The operator of any taxicab must produce evidence and satisfy the Chief of Police of the City that there is a space avail- able for the storage of such taxicab when not in use. Such space may be either within or without the corporate limits of the City. i Sec. 26-15. Chauffeur's Badge - Display Required Every driver of a taxicab, or other public vehicle for hire shall display his metal chauffeur badge, provided by the state of Florida, on the right hand side of the band of his hat or cap. Sec. 26-16. Owners, Operators - Requirements Prohibitions No person shall be permitted to solicit business by any sign or any word, as a taxicab, or be allowed to call a vehicle a taxicab for the purpose of solicitation of business within the City unless the owner or operator thereof complies with the following, to wit: (a) Marking and identification of vehicles Every operator of a taxicab shall have the name of the operator thereof, the telephone number, if any, of such operator, and the number of such taxicab conspicuously placed on the rear and on both sides of each of such vehicles. (b) _Compliance with provisions before advertising. No taxi- cab operator shall be permitted to advertise his vehicle as a taxicab, or in any manner lead the public into believing that such vehicle is a taxicab, without complying with the regulations of this chapter. (c) Misleading advertisement. No operator of a taxicab shall advertise or solicit business in such a manner as to confuse the public, either by imitating the name of any competitor, or to, in any manner, mislead the public by advertising or doing business while using a name at that time being used by a competitor. (d) Drivers sleeping or lounging in vehicle. No driver or operator of any taxicab shall be permitted to sleep within the passenger compartment of such taxicab, nor shall such driver or operator at any time be permitted to sit or lounge within the passenger compartment of such taxicab. This provision does not apply to the occupying by the operator or driver of such taxicab of the seat or compartment provided for his use. Sec. 26-17. Buses, chapter inapplicable to ' The terms and provisions of this chapter shall not apply to transportation of passengers by buses or to the business of operating buses. i i 1 -6- I L� Sec. 26-18. Refusal to convey prohibited. i No driver or operator of any taxicab shall refuse or neglect to convey any orderly person or persons upon request anywhere with- in the cityfor and in consideration of the rates of compensation herein set forth. Provided, however, that such taxicab shall not have been previously engaged at the time of such request, or such taxicab is not disabled in such manner that it is unable so to convey the person requesting such transportation. Sec. 26-19. Defrauding operators. i Any person engaging or using a taxicab or other vehicle for the carriage of passengers in the City, and not intending to pay for the same at the time it is engaged, but with intent at the time to defraud the owner or driver of the vehicle out of the value of the use thereof, (and every employment of such vehicle shall be held to be for cash unless time is contracted for when the engagement is made) and shall refuse or fail to pay the driver of the same at the end of the trip, or time for which the employment was made, shall be punished in accordance with the provisions of section 1-6 of this code. Section 3. That if any clause, sentence, paragraph, section or other part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation and effect to that specific part of this ordinance which was directly involved in the controversy in which such judgment was rendered. Section 4. That the provisions of this section of the Code shall be cumulative with similar existing provisions and shall not repeal any other provision of this Code unless the same be in direct conflict with the provisions hereof. Section 5. All ordinances, parts of ordinances or resolutions in conflict herewith shall be and the same are hereby repealed to the extent of such conflict. i i i -7- 1 I i I c i I 1 7 i J d Section 6. This ordinance shall be in force and take effect immediately upon its passage and adoption, PASSED AND ADOPTED on First reading this /h day of December, A. D. 1955. j PASSED AND ADOPTED on Second reading this day of A.D. 1956 / j PASSED AND ADOPTED on Third reading this /(,Yh i i day of ' rt,,,, L,L A.D. 195 6 i i Mayor - Commissioner ATTEST: ��uL.� CgyClerk - Auditor - Auditor i I • i I i J -8- I I r i I