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44-70 ORDINANCE NO. 44-70. ~v AN ORDINANCE OF THE CITY COUNCIL ~4ENDING ~/~ ~ CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH REGULATING THE OPERA- TION AND USE OF TAXICABS FOR HIRE ON THE PUBLIC STREETS OF THE CITY OF DELRAY BEACH; PROVIDING FOR THE ISSUANCE, SUSPENSION AND REVOCATION OF CERTIFICATES OF PUBLIC CON- VENIENCE AND NECESSITY FOR THE OPERATION OF SAME; PROVIDING FOR THE ISSUANCE AND REVOCA- TION OF DRIVER'S PERMITS FOR THE OPERATION OF TAXICABS; REQUIRING THE COVERAGE BY LIABILITY INSURANCE OR THE POSTING OF A BOND FOR THE OPERATION OF SAME; PROVIDING FOR THE INSPECTION AND THE MAINTENANCE IN A SAFE OPERATING CONDITION OF TAXICABS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. DEFINITIONS. I~ords and phrases when used in this ordinance shall have the meanings ascribed to them as follows~ (a) Taxicab means a motor vehicle regularly engaged in the business 6f carrying passengers for hire, having a seat- ing capacity of less than ten (10) persons and not operated on a fixed route. (b) Certificate means a Certificate of Public Con- venience and Nece'ssi{y'issued by the City Council authorizing the holder thereof to conduct a taxicab business in the City of Delray Beach. (c) Driver's Permit means the permission granted by the Chief of Police to a person to drive a taxicab upon the streets and public ways of the City of Delray Beach. (d) Rate Card means a card issued by the owner and posted in each taxi6ab"which contains the rates of fare set forth in Section 13 of this ordinance. SECTION 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. No person shall operate or permit a taxicab owned or c6nt~011ed by him to be operated as a vehicle for hire upon the streets of the City of Delray Beach without having first obtained a certificate of public convenience and necessity from the City Council. An application for a certificate shall be filed with the City Council upon forms provided by the City and the appli- cation shall be verified under oath and shall furnish the fol- lowing information: (a) The name and address of the applicant. (b) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transactions or acts giving rise to the judg- ments. (c) The experience of the applicant in the transpor- tation of passengers. (d) Any facts which the applicant believes tend to prove that public convenience and necessity require the grant- ing of a certificate. SECTION 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY~' (c0htlnue~'; (e) The number of vehicles to be operated or con- trolled by the applicant and the location of proposed depots and terminals. (f) The color scheme or insignia to be used to desig- nate the vehicle or vehicles of the applicant. (g) Such further information as the City Council of the City may require. SECTION 3. S~E - HEARING ON APPLICATION. Upon the filing of an application, the City council shall fix a time and place for a public hearing thereon, notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by publication of a notice of such public hearing at least one time in some newspaper published in the City. SECTION 4. S~ - ISSUANCE. If the City Council finds tha% furth~r taxicab service in the City is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this ordinance and the rules promulgated by the City Council, then the City Council shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under the certi- ficate and the date of issuance; otherwise, the application shall be denied. In making the above findings, the City Council shall take into consideration the number of taxicabs already in ope- ration, whether existing transportation is adequate to meet the public need, the probable effect of increased services on local traffic conditions, and the character, experience, and responsibility of the applicant. SECTION 5. S~.~ - TRANSFER. No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the City Council. SECTION 6. SA~ - SUSPENSION AND REVOCATION. A cer- tificate issued under provisions of this ordinance may be re- voked or suspended by the City Council if the holder thereof has: (a) Violated any of the provisions of this ordinance; (b) Discontinued operations of all taxicabs owned or controlled by the holder for more than thirty days; (c} Has violated any ordinances of the City, or the laws of the United States, or the state of Florida, the viola- tions of which reflect unfavorably on the fitness of the holder to offer public transportation; (d) Failed to maintain the quality of service desired by the City Council. 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 by the City Council. SECTION 7. BUSINESS LOCATION IN CITY REQUIRED. No license shall be issued"fo~"%he operation 'of any taxicab regu- lated by this ordinance unless the owner or operator shall have an established place of business in the City. -2- SECTIO~ 8. OCCUPATIONAL LICENSE REQUIRED. No certi- dicate of~Public convenience and necessity shall be issued or continued in force unless and until the holder thereof has paid an annual occupational license fee in the amount prescribed by City ordinance. SECTION 9. LIABILITY INSURANCE° Ail taxicabs and/or motor vehicles which are regulated bY this ordinance shall be insured in a responsible insurance company to be approved by the City Clerk of this City, which insurance shall cover up to the sum of ten thousand dollars for any one individual, twenty thousand dollars for total liability to all individuals in- volved and five thousand dollars for property damage which may incur from the operation of such vehicles. Each such vehicle so operated in the City shall be insured for not less than said amount, or in lieu thereof, the owner or operator of said ve- hicle may post a bond with the City of Delray Beach, Florida, in the amount of thirty-five thousand dollars for each taxicab so operated conditioned to indemnify passengers for injury sustained in the operation of said vehicle and conditioned to indemnify the owner of property damaged by such operation, which bond shall be approved by the City Clerk of the City. If the taxicab and/or motor vehicle is insured, the insurance shall be paid up to and including September thirtieth follow- ing the date of its issuance and the policy of insurance shall be deposited with the City Clerk. SECTION 10. I~tARKING ON TAXICABS. Ail taxicabs oper- ating under this ordinance shall have the"'word "taxi" or "taxicab" painted or placed thereon in legible letters not less than one half inch in width° SECTION 11. INSPECTIONS. Every taxicab shall be in- spected twice annually to determine that its mechanical condi- tion complies with the safety rules and regulations prescribed by the City. Inspections shall be made during January and July each year. The City Manager may also require inspections of an emergency nature of any taxicab at any time. Full reports of all inspections shall be filed with the City Manager within five days of the date of inspection. The certificate holder shall pay into the City General Fund a fee of $2°00 for each inspection or reinspection. Inspections shall be made by personnel of the City of Delray Beach garage or by such other parties or organizations as the City Manager may designate. SECTION 12. CONDITION AND AGE OF VEHICLES. Every vehicle operating under' this ordinance shall at ~11 times be kept in a clean, sanitary and presentable condition. No ve- hicle shall be operated under the provisions of this ordinance which is of a model year more than four years old unless ap- proved by the City Council. SECTION 13. RATES. Taxicabs or other motor vehicles transporting passengers for compensation within the City, ex- cept motor buses or other motor vehicles operated on regularly scheduled routes under or pursuant to certificates of public convenience and necessity issued by the Public Service Commis- sion of the State of Florida, shall charge not in excess of the following amounts for transportation services: (a) For carrying one or two passengers, the following amounts: First mile or fraction thereof ...... $0.80 Each additional half mile or fraction thereof ............. 0.25 (b) For carrying one or two passengers on depot trips~ First mile or fraction thereof ...... $0.75 Each additional half mile or fraction thereof ............. 0.25 -3- SECTION 13. RATES. (continued) (c) For carrying each passenger over two per trip ................. $0.25 (d) Each passenger shall be allowed one item of hand luggage without additional charge, but each item in excess of one item per passenger shall be charged for at the rate of twenty- five cents ($0.25) per item. SECTION 14. PASSENGER SHALL PAY LEGAL FARE. It shall be unlawful for any person to refuse to pay the lega~ fare of the vehicles mentioned in this ordinance after having hired the same. SECTION 15. TAXICAB DRIVER'S PE~IT. It shall be un- lawful for any person to drive a taxicab in or upon the streets of the City of Delray Beach unless and until such person has first obtained a taxicab driver's permit from the Chief of Police of the City of Delray Beach. Prior to issuance of such permit, the Chief of Police shall determine to his satisfaction that the applicant is of good moral character, is physically fit and possesses a sufficient knowledge of this ordinance and the traffic laws of this City. No person shall be issued a driver's permit who, within the last year preceding the date of application, has been convicted of operating a motor vehicle while under the influence of intoxicants. No person shall be issued a driver's permit who has been convicted of any crime involving moral turpitude which, in the opinion of the Chief of Police, renders such person unfit to operate a motor vehicle for the transportation of persons for hire. Appeal may be made to the City Council, upon applica- tion to the City Manager, by any applicant who is refused a driver's permit by the Chief of Police. Any taxicab driver's permit may be revoked at any time by the City Council for cause. The driver's permit shall bear the address, sex, age, signature, photograph and fingerprints of the holder and the signature of the Chief of Police and shall be posted in a con- spicuous place in the taxicab in full view of passengers during the time said driver is on duty. A fee of one dollar for the original taxicab driver's permit and for each annual renewal thereof shall be paid to the City General Fund by the holder of each taxicab driver's permit. SECTION 16. MANIFESTS. Every taxicab driver shall maintain a daily manifest upon Which is recorded all calls made each day, showing time and place of origin and destination of each call and the amount of fare charged for same. Ail such completed manifests shall be turned in to the owner or his re- presentative by the driver at the conclusion of his tour of duty. Every holder of a certificate of public convenience and necessity shall retain and preserve all such manifests for a period of at least one calendar year and said manifests shall be available to the City Manager or the Chief of Police upon their request. SECTION 17. TAXICAB SERVICE. All persons engaged in the taxicab business in"~' C'it~ of Delray Beach, operating under the provisions of this ordinance, shall maintain a twenty- four hours a day service for the purpose of receiving calls and dispatching taxicabs. All calls for taxi service inside the corporate limits of the City of Delray Beach shall be responded to as soon as possible and if said response cannot be given within a reasonable time, the caller shall be notified as to the approximate period of time it will be before response can be made. -4- SECTION 17. TAXICAB SERVICE. (continued) Any certificate holder or taxicab driver who shall re- fuse to accept a call or to provide taxicab service anywhere in the corporate limits of the City of Delray Beach at any time when a taxicab for such service is available shall be deemed to be in violation of this ordinance and the certificate granted to such holder may be revoked at the discretion of the City Council. SECTION 18o ADMINISTRATIVE REGULATIONS. The City Manager sha~l adopt Qhatever administrative rules, regulations and policies not inconsistent with this ordinance that he deems advisable to carry out the intent of this ordinance. SECTION 19. SEVERABILITY. If any word, clause or section of this ordinance shall be held unconstitutional or illegal or void for any reason, such holding shall not affect the validity of any other word, clause or section of this ordinance. SECTION 20. REPEALING PROVISION. All ordinances or parts of brdlnances in confiic~ wi~h this ordinance are hereby repealed. PASSED AND ADOPTED in regular session on this second and final reading on this day of , 1970. MAYOR ATTEST: city Clerk First Reading Second Reading -5-