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80-O-52ORDINANCE NO.� b - O AN ORDINANCE ESTABLISHING CHAPTER 20 OF THE CODE OR ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO BE ENTITLED "VEHICLES FOR HIRE"; PROVIDING FOR THE QUALIFICATIONS, REGULATING, CONTROL AND RES- TRICTIONS OF TAXICAB OWNERS AND OPERATORS WITHIN THE CITY LIMITS OF EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. It is hereby enacted into the Code of Ordinances of the City of Edgewater, Florida Chapter 20 of said Code of Ordinances to be entitled "Vehicles for Hire", which said Chapter shall provide for the qualifications, regulations, control and restrictions on taxicab owners and operators within the city limits of Edgewater, Florida, as follows: ARTICLE I IN GENERAL SECTION 20-1. Definitions For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them. Certificate. A Certificate of Public Convenience and Necessity issued by the City Council, authorizing the holder thereof to conduct a taxicab business within the City. Cruising. Cruising means the driving of ataxicab on the streets, alleys, or public places of the City of Edgewater in search of, or soliciting prospective passengers for hire. Decal. The official decal issued by the Chief of Police for each taxicab authorized by a Certificate of Public Convenience and Necessity. The taxicab must be properly outfitted, painted and pass inspection be- fore a decal may be issued. Driver. One who drives a taxicab. Driver's permit. The written authority granted by the Chief of Police pursuant to the provisions of this article to any person to drive a taxicab upon the public streets of the City. Holder. The person or corporation to whom a Certificate has been issued under this article. ADOPTED r6— o - Occupational License. The license issued pursuant to Chapter 11 of the Code of Ordinances for the purpose of carrying on a business within the City of Edgewater, Florida. Operator. Any individual who physically drives a vehicle for hire over upon, over or along the thoroughfares of the City. Taxicab. Any motor -driven vehicle for the transportation of passengers for hire and which is operated within the City, except cars licensed for rental without driver, motor buses operated by the City or other taxing authority or pursuant to a franchise authorizing the operation thereof and vehicles operated pursuant thereto, or Certifi- cates from the Public Service Commission. Taximeter. A meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. To drive a taxicab. To be physically in control of a taxicab whether or not such taxicab be in motion, when such taxicab is being used for, or is available or ready to be used for, the carrying of passengers for hire. To operate one (1) or more taxicabs. To cause taxicabs which are under one's ownership or control to be operated, either by him- self or by someone under his direction or supervision, for the purpose of carrying passengers for hire within the City. Waiting Time. The time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. SECTION 20-2. Driver, operator distinguished. The same person may be both an operator and a driver. SECTION 20-3. Requirements where same person is both "operator" and "driver". If the same person is both an operator and a driver, he must possess the qualifications both of an operator and a driver. He shall - 2 - 4 be subject to all of the provisions of this article relating to operators and shall be subject to all of the provisions of this article relating to drivers. SECTION 20-4. Use of taxicabs for purposes of prostitution. It is unlawful for either the driver or operator of a taxicab operated in the City to permit any person to occupy or use such taxi- cab for the purpose of prostitution, lewdness, or assignation, or to direct, take, or transport, or to offer or agree to direct, take or transport any other person with knowledge or reasonable cause to be- lieve that the purpose of such directing, taking or transporting is for the purpose of prostitution, lewdness or assignation. SECTION 20-5. Operators and drivers to report suspicious things to Police Department. In return for the privilege of operating taxicabs on City streets, every person holding either an operator's or driver's permit shall report promptly to the Edgewater Police Department any suspicious person, thing, or act whom or which he may observe, regardless of whether or not such person, thing or act observed inside or outside of any taxicab which such operator or driver was operating or driving. SECTION 20-6. Occupational Licenses -Required for business. It is unlawful for any person to engage in the business of oper- ating a taxicab within the City limits of the City without first having obtained an Occupational License from the City Clerk as required by Chapter 11 of this Code. SECTION 20-7. Cruising prohibited. Taxicabs shall not cruise the streets or roadways of the City in search of passengers or for the purpose of soliciting business. SECTION 20-8. When cruising, pick-up and discharge of passengers permitted. At any time that the bus system providing bus service throughout the City fails to operate or in the event that a general emergency - 3 - situation exists within the City, the City Council shall have the authority to suspend the prohibitions against cruising and restric- tions on receiving and discharging passengers contained in this article. SECTION 20-9. Condition, maintenance, inspection of taxicabs. (a) All taxicabs shall be kept in a clean, sanitary and safe mechanical condition, at all times. (b) Each taxicab which has a decal shall be inspected in accordance with Chapter 325, Florida Statutes, by an authorized In- spection Station of the Florida Department of Highway Safety and Motor Vehicles. Proof of successful completion of the inspection shall be given to the Chief of Police of the City. Any person oper- ating a taxicab that has not been inspected as required by law shall be in violation of this Code. SECTION 20-10. Identification of taxicabs - Decals. (a) It shall be unlawful for any person to drive a taxicab upon the streets of the City unless the name of the operator thereof, or the trade name under which said taxicab is operated, shall be con- spicuously painted in contrasting colors on both front doors of each vehicle in letters not less than three (3) inches in height. Each vehicle should also contain the business address and telephone number of the operator. (b) Each certificate holder shall use a color scheme for his vehicles sufficient to distinguish them from the taxicabs of all other certificate holders operating in the City and sufficient to distinguish them from other taxicabs of the same certificate holder operating in an area within a ten (10) mile radius of the City limits of Edgewater, Florida. Color schemes in existence as of the date of this Ordinance shall be approved provided they meet the requirements of this section. The Chief of Police shall approve color schemes pursuant to this section. (c) After a Certificate holder has acquired a vehicle to be used as a taxicab, has it painted, outfitted with a taximeter, inspected by the Police Department, submitted the required insurance policies and - 4 - paid the required occupational license fees, the Chief of Police, upon payment of a Ten Dollar fee may issue a decal authorizing the vehicle to be operated upon the City streets. No vehicle may be used as a taxicab without a decal. Whenever a vehicle is traded, wrecked or ceases to operate as a taxicab, the Chief of Police shall cause the decal to be removed. SECTION 20-11. Daily manifest. Each taxicab driver shall maintain a daily manifest upon which all trips are recorded, showing time and place of origin, the destin- ation and the amount of fare. Completed daily manifests shall be returned to the operator by the driver at the conclusion of his tour of duty. The operator and driver shall make available the manifests to repre- sentatives of the Chief of Police upon demand. The forms for each manifest shall be furnished to the driver by the operator and shall be of a character approved by the Chief of Police. Every holder of a Certificate of Public Convenience and Necessity shall retain and preserve all drivers manifests in a safe place for at least the calendar year preceding the current calendar year. Such manifests shall be made available to the Chief of Police or any of his representatives upon request. SECTION 20-12. Operators to report change in vehicles. Whenever an operator proposes to change any motor vehicle used in the operation of his taxicab business he shall report to the Chief of Police giving the information required in the application. No taxicab shall be sold, traded, or abandoned with a taxicab decal thereon. SECTION 20-13. Numbering and Issuance of decals for taxicabs to be operated by permittees; license number to be displayed. A person holding a permit to operate a certain number of taxicabs must keep that number of taxicabs in operation, except when the number of such taxicabs is reduced because of repairs or replacements. Pro- vided, however, that the Chief of Police may, in his discretion, give written permission to any operator to discontinue operation of one or - 5 - more taxicabs for a limited period of time, due to business conditions or other good reasons. Decals shall be removed from any taxicab when it discontinues operations as hereby permitted. A failure to operate the number of taxicabs authorized by a Certificate of Convenience and Necessity shall, except to the extent to which such failure is permitted by the terms of this section, be grounds for the revocation of such Certificate, in whole or in part. SECTION 20-14 Decal and Number. The Chief of Police, upon payment of the prescribed fee shall assign a number and decal for each authorized taxicab and each number shall be conspicuously displayed on the rear window of the assigned vehicle. SECTION 20-15. Public Liability Insurance Required. (a) No person shall operate or drive a taxicab or permit the same to be driven or operated on the streets of the City unless the owner or operator thereof shall first have procured and filed with the City Clerk a liability insurance policy or policies; the terms and conditions thereof shall provide protection for all persons suffering injury, loss or damage to person or to property by reason of the oper- ation of any taxicab. (b) Every such insurance policy shall be of form and substance approved by the City Attorney, and shall be executed by an insurance company authorized to do business in the State. The policy shall be in the penal sum of not less than Twenty -Five Thousand ($25,000.00) Dollars for injury or death to any one person, Fifty Thousand ($50,000.00) Dollars for injury or death to all persons caused by any one accident, and Ten Thousand ($10,000.00) Dollars for damage to property resulting from any one accident and each of these policies shall remain in full force and shall be undiminished during the effective period of said insurance. (c) Every such insurance policy shall contain a provision whereby every company executing the same shall obligate itself to notify the City Clerk in writing at least thirty (30) days before any alteration, C modification or cancellation of such policy is to become effective. (d) No decal shall be issued to operate a taxicab until a current liability insurance policy is filed with the City Clerk and failure of the owner or operator of such taxicab to procure and keep on file with the City Clerk at all times a current liability insurance policy in the penal sums aforesaid shall be grounds for the revocation or suspension of the operator's decal and occupational license by the City Clerk, for such taxicab, and the Certificate of Convenience and Necessity in whole or in part. SECTION 20-16. Taximeter required. All taxicabs operated under the authority of this article shall be equipped with taximeters fastened in front of the passengers, visi- ble to them at all times, both day and night. After sundown, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexi- ble and permanently attached driving mechanism. They shall be sealed at all points and connections which if manipulated, would affect their correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw the flag of such taxi- meter into a nonrecording position at the termination of each trip. Taximeters shall be subject to inspection from time to time by the Chief of Police or his designee. The Chief of Police or his designee is hereby authorized either on complaint of any person or without such complaint to inspect any meter and, upon discovery of any inaccuracy therein to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept off the highways until the taxi- meter is repaired and in the required working condition. The taximeters provided for herein shall be set so as to register such rates as may from time to time, be established by the City Council. SECTION 20-17. Rates, fares and charges for taxicabs - General. The rates, fares and charges to be charged by taxicabs by virtue: of and pursuant to meters for the transportation of passengers shall be - 7 - as follows: (a) $.50 for the first one -sixth (1/6) mile or part thereof and ten cents for each additional one -sixth (1/6) mile or part thereof, plus twenty-five cents for each additional passenger going to the same destination. (b) $.50 for the first one minute of waiting time or any part thereof, plus ten cents for each additional one minute waiting time. A maximum charge of ten dollars ($10.00) shall be made for each one hour of waiting time. (c) The following maximum charge may be made for the transporta- tion of baggage. (1) One dollar ($1.00) for footlockers. (2) Two dollars ($2.00) for trunks. (d) In the event a taxicab within the meaning of this chapter shall desire to set a rate or rates for the complete charge to be made in the carriage of a passenger between any two or more fixed and definite points, then and in that event such a charge shall be computed upon the basis of the rates herein set forth in paragraph (a) and (b) of this section. (e) The time for which a taxicab shall charge for its service shall begin with the arrival of such taxicab at the place to which it has been called. (f) Hourly rates within the City limits shall be ten dollars ($10.00) per hour. SECTION 20-18. Same -Posting. Rates shall be posted and in type sufficiently large so that they may be read by passengers while sitting in the seats provided for passengers. SECTION 20-19. Additional passengers restricted. Additional passengers, or groups riding, may be permitted only as directed by the passenger first engaging a taxicab. c SECTION 20-20. Maximum number of passengers. No taxicab shall be operated when there are more than three (3) persons in the front seat thereof, nor when there are more persons therein than for which such taxicab was designed and equipped. SECTION 20-21. Issuance of fare receipts upon request; contents. It shall be the duty of each driver to give a receipt for fares when requested by any passenger, showing the fare collected, the point of departure and arrival and the number of passengers carried and in- cluded in such fare. SECTION 20-22. Pick-up and discharge of passengers generally. Taxicabs shall not receive or discharge passengers in the street or roadway except at the extreme right hand side of the roadway nearest the sidewalk or side of roadway, except upon one-way streets. SECTION 20-23. Collecting fares, pick-up or discharging passen- while cab in motion. No driver shall collect fares, make change, take on or discharge passengers while his taxicab is in motion. SECTION 20-24. Refusal to take passengers. No driver shall refuse to accept any passenger for transportation within the city limits of the City of Edgewater unless such passenger is drunk or disorderly or such proposed trip is evidently for illegal or immoral purposes or otherwise contrary to the terms of this article, but any driver may require that the fare be paid in advance. SECTION 20-25. Where passengers to ride. No operator or driver of any taxicab shall permit any passenger to ride in any place in or on his taxicab except on the regular seats of such taxicab. SECTION 20-26. Place of business. All Certificate .holders shall be required to maintain a place of business within the City of Edgewater from which to conduct their oper- . C C ations, pursuant to the certificate. Said place of business shall be in a permanent structure and shall be located in a zoning district within the city where such use is permitted. SECTION 20-27. Renting vehicles or horses, insurance prerequi- site to issuance of license. No occupational license shall be issued by the city to any per- son for engaging in the business of renting motor vehicles, motor scooters or horses unless such applicant for such occupational license shall secure a public liability and property damage insurance policy of not less than Twenty -Five Thousand ($25,000.00) Dollars for injury or death to any one person, Fifty Thousand ($50,000.00) Dollars for in- jury or death to all persons caused by any one accident, and Ten Thou- sand ($10,000.00) Dollars for damage to property resulting from any one accident and each of these policies shall remain in full force and shall be undiminished during the effective period of said insurance. A certifi- cate of such insurance shall be filed with the City Clerk. The lapsing or cancellation of such insurance shall automatically cancel or suspend such occupational license theretofore issued. ARTICLE II - DRIVER'S PERMIT SECTION 20-28. Taxicab driver's permit. It shall be unlawful for any person to drive a taxicab for hire in the City unless such person shall have first obtained from the Chief of Police a taxicab driver's permit. SECTION 20-29. Qualifications. Any person who has resided continuously in the County for not less than six months immediately preceding the making of an application for a driver's permit and being eighteen years of age or over, may make application to the Chief of Police for a taxicab driver's permit. SECTION 20-30. Fingerprints and photographs of applicants. The Police Department shall cause fingerprinting and photograph- ings of applicants for a driver's permit and shall keep these on file in their office. SECTION 20-31. Investigation. The Chief of Police shall cause an investigation to be made to - 10 - determine fitness of the applicant for a permit required by this article. Conviction of crimes involving moral turpitude and being a habitual violator of laws or ordinances shall be grounds to deny a permit. The Chief of Police shall administer a uniform test to applicants on the provisions of this Chapter and of the traffic ordinances, laws, rules and regulations. SECTION 20-32. Physical examination and report prerequisites to issuance. (1) Every applicant for a driver's permit shall submit himself to some physician practicing and maintaining an office in Volusia County to determine whether or not such applicant is suffering from a contagious or communicable disease and whether or not such applicant has any defect or impairment of vision or hearing or other physical impairment which would render him in- capable of driving a motor vehicle safely. (2) The report of the physician shall be submitted with the application for a driver's permit. (3) The Chief of Police may prescribe forms on which such re- ports shall be submitted. SECTION 20-33. Police record of applicant. Every applicant for a driver's permit shall furnish the Chief of Police a statement under oath reciting whether or not the applicant has ever been convicted of a felony or convicted of driving a motor vehicle while under the influence of intozicating liquor, or drugs, and if so, the sworn statement shall recite the details of each such con- viction. It shall be unlawful for any person to furnish any false information in any such sworn statement and shall be grounds for denial of a driver's permit. SECTION 20-34. Application fees. Application for a driver's permit shall be accompanied by a fee of Ten Dollars ($10.00). n ^� SECTION 20-35. Issuance and contents of permits. It shall be the duty of the Chief of Police if the applicant for a driver's permit be a person of good moral character and fitness and possesses sufficient knowledge of the provisions of this chapter and of the traffic ordinances, laws, rules and regulations of the City, when the applicant has complied with the provisions of this article, to issue to such a person a driver's permit, which said permit shall be signed by the City Clerk and shall bear the name, address, sex, color, age, signature, recent profile and full face photograph and fingerprints of the applicant. Applicant must have a valid Florida Chauffeur's License. SECTION 20-36. Duration, renewal of permits. All driver's permits shall expire on September 30th of each calendar year; unless sooner revoked or suspended, and shall be re- newable upon application within thirty (30) days of expiration and payment of a fee of Five Dollars ($5.00) providing the applicant has not been convicted of an offense enumerated in Section 20-40 during the past twelve (12) months. SECTION 20-37. Requiring new photographs of drivers; issuance of new permits. The Chief of Police may require new photographs be submitted of any driver, and a new permit issued to such driver bearing new photo- graphs, as often as the Chief of Police may determine that such pro- cedure is necessary in order to reflect changes in the appearance in such driver. SECTION 20-38. Altering, defacing, etc. It is unlawful to wilfully alter, deface, obliterate or destroy a taxicab driver's permit or cause the same to be altered, defaced, obliterated or destroyed. SECTION 20-39. Display; displaying permit other than driver's. Every driver of a vehicle for hire operated in the City shall - 12 - have his taxicab driver's permit displayed in such vehicle in a con- spicuous place so as to be observed easily by each passenger. There shall not be displayed in any vehicle any driver's permit other than the one for the driver of such vehicle, nor shall there be displayed in any vehicle anything which may easily be confused with such driver's permit. SECTION 20-40. Suspension or revocation; grounds; procedure. (1) The City Council shall have the rights to suspend or revoke any taxicab driver's permit issued by the Chief of Police, if, upon investigation, the Council shall find that the holder of such driver's permit: (a) Has violated any provisions of this Code of Ordinances, State law, or City Ordinance, rule or regulation, or the provisions of this chapter which has a bearing on the holder's fitness as a taxicab driver, or (b) Has been convicted of a felony; or (c) Has been convicted of driving a motor vehicle while under the influence of either intoxicating liquor or drugs; or (d) Convicted of reckless driving; or (e) If such person is suffering from a contagious or commun- icable disease or defect or an incorrected impairment, of vision or hearing or other uncorrected physical impairment, or (f) If it is determined the holder is not a person or good moral character and fitness. (2) Before a taxicab driver's permit may be suspended or revoked, notice of intention thereof shall be served upon the holder bp -.the Chief of Police either by registered mail addressed to him at the address on his application or by personal service. The notice shall state the grounds upon which it is proposed to revoke or suspend the driver's permit, and when and where the City Council will act upon the matter, and the notice must be given at least ten days before such hearing, notice by registered mail being considered as being given when the letter is mailed. - 13 - O (3) At the hearing the permit holder shall be given an oppor- tunity to be heard either in person or by counsel or both. (4) The Chief of Police shall have the right to suspend any driver's permit subject to action by the City Council, but any such suspension by the Chief of Police shall not be for more than a period of three weeks. SECTION 28-44. Drivers to report change in residence. A holder of a taxicab driver's permit shall report to the Chief of Police any change of his residence or employment within ten (10) calendar days after making such change of residence. ARTICLE III - CERTIFICATE OF CONVENIENCE AND NECESSITY SECTION 20-42. Certificate required. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire to both pickup and dis- charge the same passenger or passengers upon the streets of the City without having first obtained a Certificate of Public Convenience and Necessity from the City Council. SECTION 20-43. Application for Certificate. An application for a Certificate shall be filed with the City Clerk upon forms provided by the City, shall be verified under oath and shall furnish the following information: (a) The name of the applicant. (b) The proposed place of business within the City of the appli- cant and the proposed location of any depots or terminals. (c) The kind, make, model, motor number, state license number and passenger capacity of each vehicle to be used in the business, together with a statement of the ownership of, and liens against, each such vehicle. (d) If applicant is an individual, his residence address. (e) If the applicants are co-partners, the names and residence addresses of each co-partners, and the name of the co -partnership. (f) If the applicant is a corporation, the application shall set forth the name of the corporation and the residence directors. - 14 - a (g) The trade name which will be used in designating the taxi- cabs and the taxicab business of the applicant. (h) A sworn financial statement of the applicant prepared by a Certified Public Accounting, including the amount of all unpaid judgments against the applicant and the nature of the transactions or acts giving rise to said judgments. (i) The experience of the applicant in the transportation of passengers. (j) A statement of facts which the applicant believes tends to prove that Public Convenience and Necessity require granting him a Certificate. (k) The desired color scheme or insignia .to be used to designate the vehicle or vehicles of the applicant. (1) Such further information as the City Council may require. (m) A fee of Fifty Dollars ($50.00) shall accompany the applica- tion. This fee is to pay for the administrative cost of process- ing the application, the required newspaper advertisement and holding the public hearing. SECTION 20-44. Public Hearing upon application. The City Council shall hold a public hearing on applications for a new Certificate required by this division twice annually, the first regular meeting in April and October of each year. Notice of such hearing shall be given to applicant and shall be published once in a newspaper of general circulation in the City at least ten days prior to the public hearing. Any interested person may file with the City Council a memorandum in support of or in opposition to the issuance of a Certifi- cate. SECTION 20-45. Determination of Necessity; Issuance. If the City Council finds that further taxicab service in the City is required by the Public Convenience and Necessity and that the appli- cant is fit, willing and able to perform such public transportation and to conform to the provisions of this division and the rules promulgated by the Chief of Police, then the City Clerk shall issue a Certificate - 15 - 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 making the above findings, the City Council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the char- acter, experience and responsibility of the applicant. SECTION 20-46. Occupational License fees. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual Occupational License fee as re- quired by Chapter 11 of this Code, each year for each vehicle operated under a Certificate of Public Convenience and Necessity. The Occupa- tional License fee shall be in addition to any other license fees or charges. All applications for a new license or transfer of an existing license must be accompanied by the Certificate of Convenience and Necessity. SECTION 20-47. Transfer of Certificates. A Certificate of Public Convenience and Necessity shall not be sold, assigned, morgaged or otherwise transferred, nor may corporate ownership or management be changed without the consent of the City Council. (1) Method of transfer. The Transferee of a Certificate heretofore issued shall file an application with the City Clerk in the same manner as an original application, except that the new permit shall be marked "Transfer Certificate." (2) The original Certificate shall be attached to the application. (3) A copy of the agreement to transfer the Certificate shall also be attached to the application. (4) The person to whom such transfer Certificate is issued shall, in addition to the acceptance of said Certificate also agree in writing to be responsible for all then existing engagements and obligations of the transferor. - 16 - SECTION 20-48. Adjustment of vehicles. If any person holding a Certificate shall desire to have the same amended so as to increase or decrease the number of taxicabs which may be operated thereunder, the provisions of Section 20-43 through 20-46 shall be follows in the same manner as if such person were apply- ing for a Certificate and not an amendment thereof. SECTION 20-49. Adjustment of fees. (a) If a new Certificate requires a higher City Occupational License than was paid by the applicant for the license year in which said new Certificate is effective, the applicant shall be required to pay the difference between the amount which is required for the new Certificate and the amount which the applicant has paid the City for an Occupational License under his old Certificate. (b) If the new Certificate requires a lower City Occupational License than paid by the applicant under his old Certificate, there shall be no rebate of fees. SECTION 20-50. Surrendering and Cancelling. A certificate holder may voluntarily surrender his Certificate. Upon surrender the Chief of Police shall either remove or cause to be removed the decals and numbers from taxicabs covered by the surrendered Certificate. SECTION 20-51. Suspension and revocation of Certificates. A Certificate issued under the provisions of this division may be revoked or suspended by the City Council if the holder thereof has: (a) Violated any of the provisions of this chapter. (b) Discontinued operations as a taxicab operator for thirty (30) days or more. (c) Failed to secure and maintain a current Occupational License. (d) Failed to maintain a valid decal on any taxicab. (e) Failed to provide regular and efficient service. (f) Failed to pay any judgments which may be in effect and which may have been rendered by any Court of Competent jurisdiction against such operator because of injuries to person or property - 17 - inflicted or caused in the City by any taxicab owned or operated at the time of such injuries by the Certificate holder. (g) Encouraged or failed to take proper precaution to prevent the drivers of such operator from violating the terms of this chapter, or the traffic code. (h) violated any ordinances of the City, provisions of this Code of Ordinances or the laws of the United States or the State of Florida, the violations of which reflect unfavor- ably on the fitness of the holder to offer public transpor- tation. (i) Upon the death of the holder of a certificate of Convenience and Necessity the Certificate shall be revoked by the City Clerk. (j) Upon the dissolution or bankruptcy of an individual, part- nership or corporation to whom a Certificate of Public Con- venience and Necessity has been issued the City Clerk of the City shall cause the Certificate to be revoked, providing the City Council has not authorized the transfer of the Certificate prior to such dissolution or bankruptcy. (k) Whenever a Certificate of Convenience and Necessity is issued in the name of two (2) persons and one of such persons dies, the survivor is authorized to request transfer of the Certificate to the survivor's name pursuant to Section 20-43. (1) Failed to comply with Section 20-51 (b), (c) or (d). Prior to suspension or revocation, the holder shall be given notice by the City Clerk of the proposed action to be taken and shall have an opportunity to be heard by the City Council. (m) Failed to maintain a place of business within the City of Edgewater. SECTION 2. That all Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions of the City of Edgewater, Florida, that are in conflict herewith be the the same are hereby repealed. �3� SECTION 3. That the City Clerk is hereby directed to advertise this Ordinance as required by law. SECTION 4. That this Ordinance shall take effect immediately upon its adoption by the City Council and approval as provided by law. The first reading of the above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, a at the Regular meeting of said Council held on the *day of 1980, and approved as provided by law. The second reading of said Ordinance to be at a nn meeting of the City Council to be held on the 1980. Roll call vote as follows: A7rEST: ar /J 4./ Pam. �, c,..� Co nci+man FIRST READING: ouii Gilman ��Counci n - 19 - SECOND READING: 1.1C@ Mayor Councilman �lmanouncilman this 7' day of A.D. 1980. This Ordinance prepared by: JUDSON I. WOODS, JR. City Attorney uUoun/ clf `% -z0-