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Ord G-243(01-57) ORDINANCE G-243. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AHENDING CNAPTER 26, OF T~E CITY CODE OF D~.IP~tY BEACH, FLORIDA, REIATING TO THE REGULATION OF TAXI CABS AND OTBER HOTOR VEHICLES; BY PROVIDING CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY REqUIBENENTS ~EI~TIVE TO U-DRIVE-IT VEHICLES, AND PROWiDING SEVEBA- BILITY SECTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, AS FOLLOWS: SECTION ~. That Chapter 26 of the City Code of the City o~ Delray Beach, Florida, be and the same is hereby amended so a~ to include the following: / SECTION 2. DEFINING OF U-DKIVE-IT VEHICLES. !,_ ~gDr~Ve-It VehiCles when used ih this ordinance is hereby defined as any motor vehicle vented or let to others for hire without a driver. SECTION 3. LICENSE REQUIRED TO ENGAGE IN BUSINESS. It shall be unlawful for any person to en~age in the busi- ness of renting motor vehicles to other persons without drivers ~until a license has been obtained from the City to do so. The ~nnual fee for such license shall be as follows: ~, First five (5) tutomobiles - - - $100,00 ~. For each additional five (5) automobiles, ~ the sum of $10.00 each, and for any number ~ of automobiles over ten, the stun of $5.00 !, each for U-Drive-It vehicles held or avail- ~, able for hire durint said year. SECTION 4. RENTING TO PERSONS ~ITHOUT DRIVEr'S LICENSE. t The licensee, under this ordinance, shall not rent any m or vehicle for the purpose of drivin& upon the streets of the city to any person who is not duly licensed to operate a vehicle under the laws of the state or county of his residence except a non resident whose state or county does not require that an oper- ator be licensed. SECTION 5. INSPECTION OF LICENSE OF PEHSON TO ~HOH VEHICLE RENTED. The licensee, under this ordinance, shall inspect the driver's license of the person to whom the vehicle is to be rented and compare and verify the signature thereon with the si&nature of the person, written in his presence, and such licensee shall be convinced that the person to whom the vehicle is to be rented is duly authorized to drive a motor vehicle before rentint such vehi- cle. SECTION 6. RECORDS TO BE KEPT BY LICENSEE~ INSPECTION. The licensee, under this Ordinance, shall keep a record of the retistration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the num- ber of the driver's license of such person and the time and place such license was issued. Such record shall be opened for inspec- tion at any time by any police officer of the City. SECTION 7. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. (a) Required to .Operate: Every person operating any U-Drive-It or Drive-It- Yourself agency or business in the city ~hereby motor vehicles are rented or let to others for hire, shall before being licensed and before being permitted to operate From any location /n the Cit~ first obtain from the city council of the city, certificate of public convenience and necessity as hereinafter provided. (b) Hearing on Application~ Notice~ Upon Filing such application and tender of such flee, the City Council shall fix a time for hearing and acting upon the application. Notice of such hearing shall be given to the appli- cant and all other operators of U-Drive-It motor vehicles upon any of the streets or highways witMn the City. Such notice shall con- tain a briefl sunn~ary of the subject matter of the application; the type of service proposed; the territority to be served and any other pertinent flacts 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 Council, a public hearing upon said application shall be held by the City Council. At or after such hearing, the City Council may, by resolution, grant the certlfficate off public necessity ~nd convenience as ap- plied for or refuse to issue the same or may issue the same with modifications or upon such terms and conditions as in its sole uncontrolled judgment the public convenience and necessity may require, taking into consideration the effect that the granting of such certiflicate may have upon transportation facilities with- in the territory sought to be served by the applicant and also the efflect upon transportation as a whole within the City. (c) Issuance Onl[ Upon Need of Cit[. When any application for certificate of public con- venience and necessity, as herein provided, is made by any person, the City Council shall grant such application only when ex±stin~ certificate holders fail to provide satisfactory or adequate ser- vice and facilities which may reasonably be required by the City Council. (d) Contents of Certificate. Every certificate off convenience and necessity issued under the provision of this ordinance shall contain, among other things, the Following: 1. The name of the grantee. 2. The number cfi U-D~lve-It motor vehicles which the applicant or grantee is permitted to operate. 3. The rate of fares to be charged. 4. Such additional ter~ns, conditions, provisions and limitations as the City Council shall deem necessary or proper in the public interest. (e) Re-hearing of Application upon Denial. ~hen any such application is heard and denied, the City Council shall not hereaflter entertain a second application From the same applicant until the expiration off at least three months from the date of such denial. (f) Transfer. No certificate of public convenience and necessity issued under the provisions of this article shall be assigned or transflerred without the consent or approval of the City Council. SECTION 8. PUBLIC LIABILITY BOND HEqUIttED. Beflore a license is issued to the owners of such U-Drive- It motor vehicles, the city shall require them to place in the hands cfi the clerk a public liability and property damage policy - Page 2 - with some recognized insurance company, which is satisfactory to the City Council; the minimum personal liability allowance being Ten thousand dollars, and maximu~ twenty thousand dollars, and the minimu~ property damage allowed five thousand dollars. SECTION 9o SUSPENSION AND P~¥0CATION OF CF~TIFICATE~o A certificate issued under the provisions of this ordi- nance may be revoked or suspended by the City Councll If the holder thereof has (a) violated any of the provisions of this ordinance, (b) has violated any ordinance of the City of Delray Beach or the laws of the United States of Amerloa, or the State of Florida, the violations of which reflect unfavorably on the fitness off the holder of such certificate or offer public trans- portation. l~ior to suspension or revocation of a certificate lssued under the provisions off this ordinance, the holder thereof shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. SECTION 10. EXISTING BUSI~ESSES. Those persons, fi~ms or corporations presently operating and doing business and are duly licensed heretofore under this Charter shall, upon their compliance with all of the p~ovisions of this ordinance, be entitled to certificates of public conven- ience and necessity for their business and the number of vehicles presently licensed by the city. SECTION II. PENALTIES. Any person violating any provision of this ordinance shall be punished by a fine not exceeding 9300.00 or imprisonme~t not ex- ceeding ninety days or by both such fine and imprisonment in the discretion of the municipal court. SECTION 12. SEVERABILITY ° Each of the provisions of this ordinance are severable, and if any provision shall be declared to be invalid, the remain- lng provisions shall not be affected, but shall remain in Cull force and effect. Chapter 26 of the City Code of the City of Delray Beach, Florida, is and the same is hereby amended only to the extent that the same is inconsistent or in conflict with the provisions off this ordinance. PASSED in regular session on the second and final reading on this the ~ day of ?~ ,A.D., 1957. HA¥OR ATTEST: City Clerk 'First Reading: Second Reading: Passed & Adopted: THE DELRAY BEACH JOURNAL Published weekly on Thursday Delray Beach, Paim Beach County, Florida STATE OF FLOI~IDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared who on oath says that he/she is Editor or Publisher of The Delray Beach Journal, a weekly newsPaper pub/ished at Delray Beach in l'aim Beach County, Florida; that the attached copy of advertisement, be- lng a Legal Notice in the matter of ~D~I'G X O~ CITY CODE O, FLORIDA, RELAT~G REGULATION OF TA~ CABS ~D OT~R MOTOR VEHICLe; PRO~DING CER~FICATE~ O~ PUBLIC CONV~IENCE ~D NECESSITY RE~U~EMENTS R~AT~E TO ~DRIV~IT V~ HICLES, ~D p~NG SEV~ R~ILI~ SEC~ONK The ~ve O~ce Is p~ lished by c~fl~ o~Y, aa ~e~d in the ........................ CouP, w~ publish~ ~ ~d newspaper by ~e ClW Ch~. T~s was placed on f~st ~ea~ ~ ~e  City Co.cH at ~e ~ mee~ .................. s~t Co.cji ~ ~t ~ ~e c~ Ch~bers ~t ~e CIW H~l Fe~ 25~, 19~7, at 7:30 at ~tch time ~e O~ce be re~ in f~l, ~d ~ pe~son~ te~ested ~11 be ~v~ ~ ~po~ be he~ Affiant further says tlmt the said Delray Beach Journal is a news- paper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been con,tinuously published in said Palm Beach County, Florida, each week and has been entered as second class mail matter a~ the post office in Delray Beach, Palm Beach County, Florida, for a period of one year next preceding the first publication of the attaehed/eqpy of ad~,ertisement; and affiant f~rther says that he has neith)~ p~id nor promised any person, firm or corporation any discoun~/reb~g~, com~ission or r~f~und for the · purpose of securing this ~a~dv_e2~ffsement for publicattdd in th.e said newspaper. ~,, swo a s.b rt before me this. day .......... (SEAL) ' Notary Publl~e, State ~f'~lo/~ida at large.