Ord G-157(04-53) AN OI~DINANCE OF TBE CIT~ COUNCIL OF ~ C~ ~
~ ~TION OF T~ C~ ~ ~
~I~ ~ P~V~6 ~R ~T~ICA~ ~ ~LIC
~TION 1. ~t ~eti~ 5, ~er X ~ the Ci~ C~e of ~e
City of De~ B~&, ~orida, ~ ~d ~e ~ is h~e~ ~d~ to r~ ~
fo~s ~
"~ ~i~ ~f ~B~ic Convince.. ~d ~e.cessi~
~~: No ~rson ~ o~rate or pe~t a t~b o~ or controlled
h~ to be ~rat~ as a ve~cle for ~re u~n the struts of the Ci~ of
~ay B~, Florida, wither ~v~g first ob~ a ce~icate of ~blic
con~nience ~d necessity fr~ ~e City Co~c~.·
~ction 2~ ~t ~er X of the City ~e of the City of
De~ Bea&, ~orida, ~ ~ the ~e is here~ ~e~ed ~ the ~dition of
the foll~ing n~r~ Sections~
e~ION 6: ~pDli~tion for. Ce~i~.~ ~ ap~i~tion for
ce~icate ~11 ~ filed ~th ~e City Co~cil upon fo~s pr~id~ ~ ~e
City of De~ Beach, Florida; ~ ~id application ~1 ~ ~r~ied ~der
oath ~d ~ ~i~ the follo~g ~o~tion:
(a) The ~e ~d ~ess of the applier.
(b) ~e f~c~l status of ~e a~li~t, ~cl~g ~e
~ts of ~1 ~id J~ts aga~st ~e a~li~nt ~
the ~t~e of ~e tr~ction or acts ~v~g rise to ~id
Judgers.
(c) ~e e~rience of ~e applic~t ~ ~e tr~s~ation
of ~ssengers.
(d) ~ facts ~i~ ~e a~licant ~lie~s tend %o ~o~
~t ~blic con~nience ~d necessi~ requi~ ~e ~ti~
of a certificate.
(e) The number of vehicles to be operated or controlled
by the applicant and the location of proposed depots and
terminals.
(f) The color scheme or insignia to be used to designate
the vehicle or vehicles of the applicant.
(g) Such further information as the City Council of the
City of Delray Beach, Florida, ~y require.
the filin
the City Council shall fix a time and place for a public hearing thereon.
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 so~e newspaper published in
the City of Delray Beach, Florida.
S: 07, If the City Council finds
that further taxicab service in the City of Delray Beach, Florida, is required
by the public convenience and necessity and that the applicant is fit, willing,
and able to perferm such public tranwportation and to confora 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 said certificate and the date of
issuance; otherwise, the application shall be denied.
In ~aking the above findings, the City Council shall take into
consideration the number of taxicabs already in operation, whether existing
transportation is ade~luate 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 9 ~ T...I~ OF ~ERTIFICATES.. lo certificate of public
convenience and necessity ~y be sold, assigned, mortgaged or otherwise trans-
ferred without the consent of the City Council.
certificate issued under the provisions of this ordinance ma~ be revoked or
suspended by the City Council if the holder thereof has (a) violated any cf
the provisions of this ordinance, (b) discontinued operations of all taxicabs
owned or controlled by said holder for more than thirty days, (o) has violated
any ordinances of the City of Delray Beach, or the laws o£ the United States,
or the State of Florida, the violations of which reflect unffavorably on the
fitness of the holder to offer public tranwportation.
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
SEOTIO~ 11.~ ~Y. STING .BU~~:.. Those persons, firms or
corporations presently operating and doing business and duly licensed hereto-
fore under this Chapter, shall be entitled to certificates of public conven-
ience and necessity for their business and the number of vehicles presently
licensed by the City.
..SECTION 12: FENALT~ Am~ person violating any provision of
this ordinance shall be punished by a fine not exceeding $100.00 or imprison-
ment not exceeding 30 days, or by both such fine and imprisonment in the
discretion of the Municipal Court.
SE .CTION 13~ SEVERABILITY~ Each of the provisions of this
ordinance are severable, and if a~y provision shall be declared to be invalid,
the remaining provisions shall not be affected, but shall remain in full force
and effect, m
PASSED in regular session on the second reading
final
on
this the 12th day of Januar~ .. , A.D. 195~.
1st Reading, December 22. 1~.2.
2nd Reading,-, January 12, 1953. .
Passed and a~opted:: January 1_2, 1953.
Affidavit of Puhhcation
DELRAY BEACH NEWS
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF .P~LM BEACH
Before t~,l}e" Und.ersigned authority personally
· · ~' ' ~ , of the Delray
Beach News, a wee~y newspaper published at
Delray Beach in ~P~lm Beach County, Florida;
that the attached copy of advertisement, being a
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............ ? ............................................................................
in the .............................................................. Court,
was 'p~.~blished in said newspaper in the issues of
Affiant further says that the said Delray
Beach News is a newspaper 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 Friday and has b~en entered as
second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Flor~
ida, for a period of one year next preceding the
first publication of the attached copy of adver-
tisement; and affiant further says that
has neither paid nor promised any person, firm
or co~oration any discount, rebate, commission
or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me
day of ..........[[: ............... : ..................... , A. D.
(SEAL) Notary Public