HomeMy WebLinkAbout882ORDINANCE NO. 882
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF SANFORD, FLORIDA RE-
PEALING CHAPTER 24, THE CODE OF THE
CITY OF SANFORD, FLORIDA 1954, AS
AMENDED, SAID CHAPTER DEALING WITH
TAXICABS AND THE REGULATIONS THEREOF,
AND ADOPTING IN LIEU THEREOF NEW REGU-
LATIONS AND REQUIREMENTS INVOLVING
TAXICABS, THEIR OPERATION, LICENSING
AND FINANCIAL RESPONSIBILITY.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
That Chapter 24, The Code of the City of Sanford, Florida
1954, as amended, be and the same is hereby repealed, and the follow-
ing is adopted in lieu thereof:
SECTION 1. Definitions.
The following words and phrases when used in this chapter
shall have the meanings respectively ascribed to them below:
Certificate. A certificate of public convenience and necessity,
issued by the City Commission, authorizing the holder thereof to engage
in the business of operating taxicabs.
Holder. A person to whom a certificate has been issued.
Taxicab. Any automobile engaged in the transportation of
persons, the distance or route of which is under the direction of the
passenger, and which does not operate regularly or at stated intervals
over a designated route.
Rate Card. A card to be displayed in each taxicab which shall
contain the rates of fares then in force.
O_0~en Stand. A public place alongside the curb of a street
or elsewhere in the City, which has been designated by the Police
Department, as reserved exclusively for the use of taxicabs.
_Manifest. A daily record prepared by a taxicab driver
of all trips made by such driver, showing the time and place of
origin, destination, number of passengers and the amount of fare
of each trip.
_CChauffeur's Permit. The written authority by the Chief
of Police pursuant to the provisions of this chapter to any person to
drive or operate a taxicab upon the streets of the City.
SECTION 2. Certificate of public convenience and necessity.
It shall be unlawful for any person to engage in the business
of operating taxicabs for hire on the streets of the City, or from any
stand or place of business within the City without first having obtained
from the City Commission a certificate of public convenience and
necessity and the necessary chauffeur's permits and other permits
as provided in this chapter.
SECT[ON 3. Certificate--application; contents of same.
Applications for certificates shall be filed with the City
Clerk upon forms provided by the Clerk. Such applications shall be
verified under oath and shall furnish the following information:
(a) The name and address of the applicant, and, if the
applicant is a corporation, the names and addresses of its officers.
(b) The street address of the applicant's proposed place of
business and of the terminals or stands wbere his vehicles are to be
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located.
(c) The number of taxicabs, for hire, to be operated under
such certificate.
(d) A brief and correct description of each vehicle which
the applicant proposes to operate, which shall include year, make
and model.
(e) An agreement on the part of the applicant, as follows:
(1) To comply with and abide by this Code and all
other ordinances of the City applicable to the operation of
motor vehicles for hire, whether such ordinances may have
theretofore been enacted of may thereafter be enacted.
(2) That, if such certificate is granted, the applicant
will operate his business with the number of vehicles provided
for in his certificate.
(3) That the applicant will keep his place of business
open and will operate a sufficient number of vehicles to meet
the convenience and necessity of the public (not to exceed,
however, the number stated in the applicant's certificate, if
granted) throughout the license period during which such
certificate may be in force and effect.
(4) To supply such further information to the proper
city officials as may be required.
SECTION 4. Same--Fee.
Each application for a certificate shall be accompanied by
a fee of twenty-five dollars, which fee shall be placed in the General
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Fund of the City and applied to the administration of the provisions of
this chapter. Such fee shall be in addition to the annual occupational
license or privilege tax fee, prescribed by chapter 14 of this Code.
SECTION 5. Same--Hearing on application --Required;
time thereof.
Upon filing of an application for a certificate and payment
of the fee provided for by the preceding section, the City Commission
shall fix a time for hearing the applicant, which hearing shall not be
less than fifteen nor more than thirty days subsequent to the filing of
the application. No applicant shall be granted a certificate without a
hearing by the City Commission.
SECTION 6. Notice.
Notice of the hearing required by Section 5 shall be given
to the applicant by mail. A copy of such notice of hearing shall also
be posted at City Hall at least one week prior to the date assigned
for the hearing and copies thereof mailed to all existing holders of
certificates. The notice required hereunder shall contain a brief
summary of the subject matter of the application.
SECTION 7. Action by City Commission upon application.
At or after the hearing provided for by Section 5, the City
Commission may issue a certificate, if applied for, or refuse to
issue the same, or may issue the same with modification or upon such
terms and conditions as, in its judgment, the public convenience and
necessity may require. The City Commission, at acting upon any such
certificate, shall take into consideration the number of taxicabs for hire
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already in operation; the effect that the granting of such certificate
may have upon transportation facilities within the City; the effect
upon traffic congestion within the City, and the character, experience
and responsibility of the applicant.
SECTION 8. Same--Contents.
Every certificate issued under the provisions of this chapter
shall contain, among other things, the following:
(a) The name of the grantee.
(b) The street address or location of the terminals or stands
at or from which the grantee is permitted to operate.
(c) A statement of the number of permits to be issued to such
grantee under such certificate.
(d) A reservation of the right to revoke such certificate in
the event of the violation by the holder of such certificate of the agree-
ment contained in his application or of any of the provisions of this
chapter.
(e) Such additional terms, conditions, provisions and
limitations as the City Commission shall deem necessary or proper
in the interest of the public or of transportation facilities already
existing in the City.
SECTION 9. Same--No rehearing for denied application
within six months.
When any application for a certificate has been heard by
the City Commission and denied, the Commission shall not entertain
any further application by such applicant until the expiration of six
months from the date of such denial.
SECTION 10. Same--Occupational license fee required.
No certificate shall be issued or continued in force unless
and until the holder thereof has paid an annual occupational license or
privilege tax fee in the amount prescribed in chapter 14, The Code of
the City of Sanford 1954, as amended.
SECTION 11. Same--Purchase or occupational licenses.
All holders of permits to operate taxicabs for hire within the
City, under duly issued certificates, shall, notwithstanding any other
provision to the contrary, purchase or renew their occupational license,
as prescribed by chapter 14, aforesaid, on or before October 1st of each
year. In the event of the failure, neglect or refusal to purchase or renew
such occupational license by January 1st of the ensuing year, all permits
of the offending certificate holder shall lapse and become null and void
and be forfeited to the City.
SECTION 12. Same--Replacement and substitution of
vehicles.
Holders of certificates may make replacements and substitu-
tions of other vehicles; provided, that the number of taxicabs, for hire,
operating under such certificate, shall not exceed the number of permits
issued to such holders for such class of vehicles; and provided further,
that substitute vehicles shall bear a valid series "E" tag in accordance
with Section 320.08, Florida Statutes. However, before any substitution
is made, the certificate holder shall notify the chief of police or his duly
authorized representative of such proposed substitution. No vehicle shall
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be Substituted until the Same Shall meet all Other
Other Vehicles so licensed, requirements for
SECT/oN 13. Same-'Assignment or transfer of Certificate.
No certificate may be Sold, assigned, mOrtgaged, /eased or
otherwise transferred without approval of the City C°mrnission
accordancewith all of the Provisions of this Chapter. and in
SETION 14. Same__Yearly data to be furnished
of certificates, by holders
A PrerequiSite for the issuance of an occupatiOnal license
to anyone 9ged in the business of operating tax/cabs, for hire, the
applicant f~ch license Shall Present to the city tax CO/lector
and correQcription, including make, a brief
model and Year, of the vehicle
expected t~Perated during the license Year for each of the Perm/ts
authorized~ certificate held by SUch applicant, and at the Same
time such {nt Shall exhibit to the City tax CO/lector auto regis_
tration cer~s showing that legal or equitable title to each of SUch
vehicles isin the aPPlicant.
S]15. Equipment
(a~ ins and maintenance
~ ~-'~L~s~m estab of vehicles.
inspection r
~- ~ vehicl~ ~_ ~ ~ Vehic~=
hereby estThis
inspection system shall be administered
under the ( the Chief of PO/ice. Certificate holders operating
vehicles U~Pter Shall apply to the Chief of Po/ice or his
designated~ safety Check sheet for each vehicle operated
under the ~icate. The safety
the name e Check sheet Shall Contain
te holder, description of the Vehicle to be
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inspected, Which Shall include make,
seating capacity and model, serial number and rated
a list of the safety features to be inspected. The
safety check sheet COvering each Vehicle to be inspected Shall be Sub~
mitred With the appropriate vehicle to a
approved in accordance with Subsection (b) of this section for inspection.
The safety inspector Private mechanic or garage,
shall inspect all vehicles Submitted and certify his
findings to the Chief of Police or his designated officer on the check sheet
submitted. The costs and expenses of all SUch examinations or inspections
shall be the obligation of the certificate holder.
If the Chief of Police or his designated officer determines
from the certified report of the inspector that
minimum safety requirements a vehicle has met the
established, a certificate in the form of
a sticker to be affixed to the Vehicle shall be issued. This sticker Shall
also state the authorized seating capacity of said Vehicle.
' .
The Chief of PO/ice or his designated officer
is
authorized to review, inspect and Prepare a 1/st of approved Private
nechanics or garages, lawfully doing business within the City, who Shall
rea~er be the safety inspectors authorized to make the inspections
red Under this chapter. Any licensed private mechanic or garage
'~Siness within the City shall be entitled to apply to have his or
'~cluded on the list of approved mechanics or garages. -411
hints Who possess the requisite mechanical knowledge and who
~:e'(site equipment and garage facilities to perform the inspections der shall be Placed on the list of approved inspectors.
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(c) Pe~riOdic ~ ~
Chapter Shall ~_~on. E-
be ~,~_. . ~ vet.. .
a taXicab~ ale ope .... Shed, t^' , in
Yea ~ Wh, ch are rno ~r'ng e°nditiom. ~ znSUre the eo~_
r, Shall be in~ re than three ~' All vehiel~
semi_an~ ~Pected quart Years Old, i~ - . ~s Operated
be es.. UUal and quarter1.., erjy. The exact ~. UclUd~ng the cUrre,,
~abl~shed by the ~ Y ~nSPecti°ns re- ~tes for ~aki~
Uhief qUired ~ ~ the
°fPohce' ~Y th~s SUbsection Shall
(d) ~Videnc
Such Periodic ~nce. ~
"¢re~nab°ve set ~._ _ 'opection Shall h~ . ¢~ce of CO~Plia,,~
Shall b , '~rth. Suc~ 0¢ ~n the fo-- ,,ce With
st*~- e s~gned by the Ch. ~ St~Ckers shall b~ ~'~ of a sucker,
'7 ersShall be di~-, ~uef of Police or ~. , * of alrernaUng e~,
exP~rat~°n ~te ~t . ~P~aYed as direct~ ~ ms authorized a~,,, ~Ors and
1st ~nSPeCUo~ ouall be ~ndicated th~ -~ uy the Chief of po~''t' Such
"' '~reon, as well a ~ce, and the
s the date of the
(e) .
~rating unde~ It Shal~ -
~ this ch~-- ~ ne Unla~,~_, .
~hieh do~ ~prer to be ~ ,,~u~ for
;~ ~s not have a~. Uriven U~n tg~ "Y vehicle
'~ and cU~rent Safe~, .~xed thereto fn the ~"~ Streets of this
(f) In ~ ~Y ~nSPeetio~ '~an~e~ nr~
~~fee a "cert~Ocate ~ ~ ~sCr~bed,
r eac~ veh, cle in:Z~;n inSpect'on fee of o7 Sticker.
r Uired of ,~ ~ted Under the ,,e dOllar and
rue Certifi~ P~ °vibio~8
nto the Ge cate hOlder ~ of this se ·
neral Fund of · 1'he inSpec.. Ct~on
ation of this sectio the C~ty and applie . r~on fee shall
n. ~ to the cost of
~CTION 16. Schedule of ~axi~u~ fares.
It Shall be Unlawful for the operator
of any taxicab
to
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charge or collect or attempt to charge or collect any fare in excess of
the current schedule of maximum fares, which said schedule shall be
filed annually not later than October 1st of each year with the City
Manager, and which said schedule must first be approved by the City
Commission prior to becoming effective.
(b) Manifests required. Every driver of a taxicab shall
maintain a daily manifest upon which are recorded all trips made each
day, showing time and place of origin and destination of each trip and
amount of fare collected. All such completed manifests shall be re-
turned to the certificate holder by the driver at the conclusion of his tour
of duty. The forms for such manifests shall be furnished to the driver by
the certificate holder on the form prescribed by and approved by the Chief
of Police.
(c) Preservation of manifests. Every holder of a certificate for
the operation of a taxicab shall retain and preserve all drivers' manifests
in a safe place for at least the calendar year next preceding the current
calendar year. Such manifests shall be available to the Chief of Police.
SECTION 1 7. Posting schedule of rates and name of
certificate holder.
There shall be painted on each front door of each licensed
taxicab in letters at least three inches in height and one-fourth inch
strokes, the name of the certificate holder under which such taxicab
is operated. In addition, the schedule of fares shall be prominently
posted in the interior of the vehicle at all times and shall be at all
times visible to passengers.
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SECTION 18. Obervance of fare Schedule.
It shall be Unlawful for the OWner or driver of any licensed
taxicab for hire co refuse to COnvey a Passenger at the fare specified
on the schedule displayed upon or within the vehicle or to demand or
receive an amount in excess of the fare Schedule so displayed. Upon
demand, a receipt for SUch fare Shall be delivered to the Passengers.
S~CTION 19. PaSsengers required to Pay fare.
~ shall be Unlawful for the Passenger of any taxicab for hire
to fail oxefuse to pay the fare in accordance With
this chaF, Which said fare may be the Provisions of
demanded in advance.
CTION 20. Passenger Pick-ups at bus Stops Prohibited.
driver of a taXiCab for hire Shall Solicit or Pick up Pas-
senger~y duly established "bus stop" so designated and marked.
.'T/ON 21. Solicitation of Passengers.
'-itation of Passengers or attraction of attention by Calling
or usirzn, bell, Whistle or Other Signal device for calling out for
passerr a PartiCular hotel or Place is Prohibited.
ION 22. Manner of carrying passengers.
li be Unlawful to operate any taxicab for hire while any
persc'ing or sitting on the running board, fender or hood of
such any Part of SUch Vehicle not designated for
port,sons, the trans_
IN 23. Rated Passenger seating capacity.
be Unlawful to accept transportation for or to trans-
port[ taxicab, for hire, more than six Passengers, in-
clutor, Unless such mOtor Vehicle Shall be designated,
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built and equipped for the purpose of safely carrying more than six
passengers.
SECTION 24. Disposition of articles left in vehicles.
All drivers of taxicabs for hire shall promptly deliver to the
Chief of Police all property left in such vehicles by passengers. All
drivers failing or neglecting to do so shall be deemed guilty of a violation
of this chapter. When articles left in such vehicles are delivered to the
Chief of Police, the police officer on duty shall make an entry of the fact
in a book provided for that purpose, and shall keep an adequate record to
identify the date and the time of the receipt of such article and a descrip-
tion thereof, and shall issue a receipt thereof to the driver or person who
has turned in such article to the Chief of Police. The Chief of Police shall
keep such articles until claimed by the owner thereof, upon satisfactory
proof of ownership, or for a minimum of ninety days. Thereafter, if such
article or articles have not been claimed, the Chief of Police may dispose
of the same, pursuant to appropriate resolution of the City Commission.
SECTION 25. Additional passengers.
No driver shall permit any person to occupy or ride in a taxicab
unless the person first employing the taxicab shall consent to the accep-
tance of the additional passenger. If such consent is given, an additional
charge may be made for such additional passenger.
SECTION 26. Insurance required.
It shall be unlawful for any person to operate or cause or allow
another to drive or operate any taxicab for hire unless there is in full
force and effect at all times while such vehicle is being operated, liability
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insurance issued by an insurance company authorized to do business
in this state, such insurance guaranteeing payments in the sum of
Ten Thousand Dollars for injury to any one person; in the sum of
Twenty Thousand Dollars for injuries for more than one person which
are received in the same accident, and the sum of Five Thousand Dollars
for property damage resulting from any one accident. Such insurance
shall be for the benefit of any person who shall receive bodily injuries
by reason of the negligence or misconduct of the certificate holder or
of the driver of such vehicle while such vehicle is being used under
such certificate, as well as to any person who shall sustain damages
to his property through such negligence or misconduct. A copy of
such insurance policy shall be filed with the City Clerk and shall
cover each vehicle operated under a certificate. No certificate or
permit shall be valid unless and until such liability insurance policy
shall have been filed and approved, and such policy shall not be canceled
by the company issuing the same except upon thirty days' notice to the
City Clerk. Upon such notice being given by the company issuing such
policy, the certificate of the person giving such policy shall be revoked
unless a new policy of insurance shall be filed and accepted before the
date for cancellation of such policy.
SECTION 27. Chauffeur's permit.
(a) No person shall operate any taxicab for hire unless and
until such person is in possession of a current and valid state chauffeur's
license.
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(b) ApPlicants for a city chauffeur,s Permit shall also be:
(1) Twenty-one years of age or over.
(2) A Person of good moral character.
(3) Physically and mentally fit to drive and operate
a taxicab for hire within the City.
(4) Not accident Prone under the Point system of the
State of Florida.
(5) Familiar With the traffic rules, regulations and
Ordinances of the City, including this chapter.
(6) Shall not have been convicted of any felony Within
the past ten years, or have been convicted of Violating any
state/aw or city Ordinance relative to traffic or the operation
of motor vehicles for hire Within twelve months next preceding
the date of application.
(c) If and when the applicant for a city chauffeur,s permit
shall have complied with the foregoing and shall have furnished the
Chief of Po/ice with his fingerprints and a photograph, as prescribed
by the Chief of Police, and shah have paid a fee of Two Dollars, to be
P/aced in the General Fund of the City and applying to the administration
of the provisions of this section, for Such permit, the Chief of Police
shall issue Such applicant a chauffeur's permit, which shall bear the
name, address, COlor, age, signature, photograph and fingerprints
of SUch applicant. The Chief of Police shall also keep a file which
~hall contain the photograph and fingerprints, together With other
scriptive information, of every person to Whom a permit shah
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be issued. It shall be unlawful for any person to alter, deface, or
obliterate or destroy any such chauffeur's permit.
(d) Every driver or operator of a taxicab for hire within the
City shall have his city chauffeur's permit displayed in a conspicuous
place in such vehicle so that the same may be observed by any person
occupying the same. It shall be unlawful for any person to drive or
operate any such vehicle without having his chauffeur's permit so
displayed.
(e) The City hereby reserves the right to suspend or revoke
any chauffeur's permit issued by the Chief of Police if, upon investigation,
the Municipal Court Judge or City Commission shall find that the holder
of such permit has violated any of the provisions of this chapter, or has
been convicted of a felony, in which case the revocation shall be manda-
tory; or has been convicted of driving any motor vehicle while under the
influence of intoxicating liquors or narcotics, or when such person is
suffering from a communicable disease or defect or impairment of
vision or hearing, or other physical impairment; or if such person
is not a person of good moral character and fitness, such permit may
be revoked or suspended by the Municipal Judge or by the City Commission;
provided, that before any such permit shall be revoked or suspended by the
City Commission, notice of intention thereof shall be served upon such person
either by United States mail or personal service, and such person shall be
given an opportunity to be heard. The revocation or suspension of any
such permit by the Municipal Judge shall be made only in cases in which
a person whose permit is to be suspended or revoked shall be before the
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Court and shall have had an opportunity to be heard.
SECTION 28. Certain acts by drivers prohibited.
No driver of any vehicle for hire shall solicit business for
any hotel, motel, lodginghouse, tourist court, rooming place or
other business, or attempt to divert patronage from one such business
to another. No such driver shall operate a vehicle for hire under the
influence of any alcoholic beverage or narcotic; nor shall he solicit
for or engage in selling of intoxicating beverages; nor shall any
driver solicit business for any house if ill repute or use his vehicle
for any purpose other than transporting of passengers and their baggage.
SECTION 29. Transporting criminals or other persons for
unlawful or immoral purposes prohibited.
It shall be unlawful for any driver of a vehicle for hire know-
ingly to transport any criminal, narcotic peddler, prostitute or boot-
legger in the commission of a crime or infraction of the law in any
manner, or act in any manner as a panderer or pimp or prostitute or
as a contact for unlawful establishments of any character.
SECTION 30. All taxicabs licensed and operated under this
ordinance shall be operated at least forty hours per week within seventy
hours.
SECTION 31. Revocation of certificate for violations of
Sections 28, 29 or 30.
Violations of Sections 28, 29 or 30 shall be brought to the
attention of the certificate holder in whose service the vehicle for hire
is employed. Repeated occurrences by the same or other drivers of
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the same certificate holder shall be grounds for revocation and
cancellation of the holder's certificate.
SECTION 32. This ordinance shall become effective imme-
diately upon its passage and adoption.
PASSED AND ADOPTED this 101~ day of January
A.D. 1966.
MayoF
/Is ~h~ Cit~ Commission of the
City of Sanford, Florida
CERTIFICATE
I, H. L. Whelchel, City Clerk of the City of
Saaford, Florida, do hereby certify that a true and correct
copy of the foregoing Ordinance No. 882, PASSED and ADOPTED
by the City Commission of the City of Sanford, Florida, on
the 10th day of January, 1966, was POSTED at the front door
of the City Hall in the City of Sanford, Florida, on the
llth day of January, 1966.
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