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2015-O-24 ORDINANCE NO.2015-0-24 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING CHAPTER 19.5 (VEHICLES FOR HIRE), ARTICLE I (IN GENERAL) AND ARTICLE II (DRIVER'S PERMIT); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Chapter 19.5 (Vehicles for Hire) was modified on September 28, 2015 by Ordinance No. 2015-0-12. 2. Staff has discovered various scriveners errors in the Ordinance: this Ordinance will correct those errors. NOW, THEREFORE, BE IT ENACTED by the People of the city of Edgewater,Florida: PART A. AMENDING CHAPTER 19.5 (VEHICLES FOR HIRE), ARTICLE I (IN GENERAL) AND ARTICLE II (DRIVER'S PERMIT) OF THE CODE OF ORDINANCES FOR THE CITY OF EDGEWATER,FLORIDA. Chapter 19.5 (Vehicles for Hire), Code of Ordinances, City of Edgewater, Florida is hereby modified as set forth in Exhibit "A", which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the. . remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to 1 Strike through passages are deleted. Underlined passages are added. #2015-0-24 be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person,property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention;provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Power and Second by_Councilwoman Bennington, the vote on first reading of this ordinance held on November 16, 2015 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary Conroy X 2 &fie-t#reugh passages are deleted. Underlined passages are added. #2015-0-24 After Motion to approve by r _ -�� •I-ma, and Second by C-LUTICal ,ry,y , the vote on second reading/public hearing of this ordinance held on December 7, 2015 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington '— Councilman Dan.Blazi N Councilman Gary Conroy PASSED AND DULY ADOPTED this 4' day of 32015 • ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA B 1 ,/A� e -d. • By: c� o�.b Robin L.Matusick Mike Ignasiak Interim City Clerk Mayor . For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater, Florida. Approved as to form and legality by: Florida during the City Council meeting held on Aaron R. Wolfe,Esquire this 7th day of December, 2015 under Agenda Item City Attorney #8 C2, . Doran,Sims,Wolfe&Ciocchetti 3 Strikeg h passages are deleted. Underlined passages are added. #2015-0-24 EXHIBIT "A" 4 Strip passages are deleted. Underlined passages are added. #2015-0-24 Chapter 19.5 VEHICLES FOR HIRE* Art.I.In General,§§19.5-1-19.5-22 Art.II.Driver's Permit,§§19.5-23-19.5-41 Art.III.Reserved ARTICLE I. IN GENERAL Sec. 19.5-1.Definitions. For the purpose of this chapter,the following words and phrases shall have the following meanings: Business Tax Receipt. The license issued pursuant to chapter 1 I of this Code for the purpose of carrying on a business within the city. Cruising. The driving of a taxicab on the streets,alleys,or public places of the city in search of,or soliciting prospective passengers for hire. Driver.One who drives a taxicab. Driver's permit.The written authority granted by the city pursuant to the provisions of this chapter to any person to drive a taxicab upon the public streets of the city. Operator. The owner of a taxicab business or the responsible agent for the owner of a taxicab business. 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 certificates from the public service commission. Taximeter. A meter instrument or device attached to a taxicab which measures mechanically the distance 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 or more taxicabs.To cause taxicabs which are under one's ownership or control to be operated,either by themselves or by someone under their 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 of the passenger or passengers,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. Sec. 19.5-2.Driver,operator distinguished. Nothing herein shall be construed as preventing the same person from being both an operator and a driver. Sec. 19.5-3.Requirements where same person is both operator and driver. If the same person is both an operator and a driver,that person must possess the qualifications both of an operator and a driver. The person shall be subject to all of the provisions of this chapter relating to operators and shall be subject to all of the provisions of this chapter relating to drivers. Sec. 19.5-4. 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 taxicab for the purpose of prostitution,lewdness,assignation or the commission of some other illegal activity,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 believe that the purpose of such directing,taking or transporting is for the purpose of prostitution,lewdness,assignation or the commission of some other illegal activity. Sec. 19.5-5.Operators and drivers to report suspicious person,things,etc.to police department. In return for the privilege of operating taxicabs on city streets,every person holding a driver's permit shall report promptly to the police department any suspicious person, thing, or act whom or which he or she may observe, regardless of whether or not such person,thing or act observed occurs inside or outside of the observer's taxicab. Sec.19.5-6. Business Tax Receipt required for business. It is unlawful for any person to engage in the business of operating a taxicab within the city limits without first having obtained a business tax receipt as required by chapter l I of this Code. Sec. 19.5-7.Cruising prohibited. Subject to section 19.5-8 below,it shall be unlawful for a taxicab to engage in cruising. Sec. 19.5-8.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 situation exists within the city,the city council shall have the authority to suspend the prohibition against cruising and the restrictions on receiving and discharging passengers contained in this chapter. Sec.19.5-9.Condition,maintenance,inspection of taxicabs. (a) All taxicabs shall be kept in a clean,sanitary and safe mechanical condition,at all times. (b) Every vehicle operating under this chapter shall be inspected in accordance with the state vehicle inspection laws. Additional inspections for any purpose may be required at any time,and may include an inspection by the chief of police. (c) Every vehicle operating under this chapter shall be registered in accordance with current state and county laws. Sec.19.5-10. Daily manifest. (a) Each taxicab shall maintain a daily manifest upon which all trips are recorded,showing time and place of origin,the destination and the amount of fare.Completed daily manifests shall be returned to the operator by the driver at the conclusion the driver's day.The operator and driver shall make available the manifests to the city.The forms for each manifest shall be furnished to the driver by the operator and shall be of a character approved by the city. (b) Every holder of a business tax receipt shall retain and preserve all driver manifests in a safe place for at least the calendar year preceding the current calendar year. Such manifests shall be made available to the city upon request. Sec. 19.5-11.Operators to report change in vehicles. Whenever an operator proposes to change any motor vehicle used in the operation of the taxicab business the operator shall report to the city giving the information required in the application for a business tax receipt. Sec. 19.5-12. Liability insurance or surety bond required. (a) . Before a business tax receipt is issued to any person to operate a taxicab,there shall be in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the state,which is satisfactory to the city eouncil, with the minimum liability coverage required by Chapter 324,Florida Statutes,as may be amended. Sec. 19.5-13.Taximeter required. All taxicabs operated under the authority of this chapter shall be equipped with taximeters fastened in front of the passengers, visible to them at all times, both day and night. After sundown, the face of the taximeter shall be illuminated. The 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 flexible 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 taximeter into a nonrecording position at the termination of each trip.All metering devices shall be calibrated once every six(6)months to determine their accuracy; and in the event of a patent defect,such meter shall be calibrated immediately and a certificate of the calibration shall be furnished to the city identifying the vehicle on which the meter is attached. Sec. 19.5-14.Rates 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. Sec. 19.5-15.Additional passengers restricted. Additional passengers,or groups riding,may be allowed only as directed by the passenger first engaging the taxicab. Sec. 19.5-16.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 and in which there are a sufficient number of seat belts. Sec. 19.5-17.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 included in such fare. Sec. 19.5-18.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 or the roadway nearest the sidewalk or side of roadway. Sec. 19.5-19.Collecting fares,pick-up or discharging passengers while cab in motion. No driver shall collect fares,make change or take on or discharge passengers while his taxicab is in motion. Sec. 19.5-20. Refusal to take passengers. No driver shall refuse to accept any passenger for transportation within the city limits of the city 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 chapter,nothing herein shall prevent a driver from requiring that the fare be paid in advance. Sec. 19.5-21.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. Sec. 19.5-22. Place of business. All taxicab businesses shall be required to maintain a place of business within the city from which to conduct their operations. The 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 and shall meet all requirements set forth in the city's land development code. ARTICLE H. DRIVER'S PERMIT Sec. 19.5-23.Required. It shall be unlawful for any person to drive a taxicab in the city unless such person shall have first obtained from the City,a I taxicab ciFiyerlsdrivers permit. Sec.19.5-24.Qualifications. Any person who has resided continuously in the county for not less than six(6)months immediately preceding the making of an application for a driver's permit and being eighteen(18)years of age or over may make application to the city for a taxicab dhiversdrivers permit. Sec. 19-5-25.Fingerprints,photographs and investigation of applicants. The city shall require fingerprinting,photographs and an investigation to be made to determine fitness of the applicant for a permit required by this chapter and shall keep these on file. Conviction of crimes involving moral turpitude and being a habitual violator of laws or ordinances shall be grounds to deny a permit. Sec. 19.5-3526.Application and fees. (a) The application for a taxicab driver'-s permit shall eentain--include, but not be limited to; a sworn affidavit by the applicant which states that the applicant has not,within the last five years,been convicted of,or had adjudication withheld regarding,and does not have any charges currently pending against him/her for,any of the following offenses: (I)Driving under the influence of drugs or alcohol; (2)Vehicular manslaughter; (3)Reckless driving; (4)Murder,manslaughter,armed robbery,assault with a deadly weapon,aggravated assault; (5)Any crime which is designated a felony; (6)Any crime involving the sale of controlled substances as defined by F.S. § 893.03; (7)The Florida RICO Act; (8)Exposure of the sexual organs and any crime under F.S.ch. 796,or (9)"Prostitution"as defined in F.S.ch.796,pertaining to prostitution or assignation or loitering for prostitution If the applicant is unable to provide such an affidavit a driver's permit shall not be issued. (b) An application for a driver's permit shall be accompanied by a fee as established by resolution. Sec. 19.5-2627.Issuance and contents of permits. If the City deems an application has been completed in full and includes the affidavit required in section 19.5-25,and the application fee has been paid,the city shall issue to the applicant a driver's permit,which permit shall be signed by the City BTR Official and shall bear the applicant's name,name and address of employer,sex, race, date of birth,signature,and a recent photograph of the applicant. I Sec. 19.5 3728. Duration,renewal of permits. All driver's permits shall expire on September 30 of each calendar year, unless sooner revoked or suspended, and shall be renewable upon application within thirty(30)days of expiration and payment of required fee,and submittal of updated affidavit. 1 Sec. 19.5-2829.Requiring new photographs of drivers;issuance of new permits. The city may require new photographs be submitted of any driver, and a new permit issued to such driver bearing new photographs,as often as may be determined that such procedure is necessary in order to reflect changes in the appearance in such driver. I Sec. 19.5-3930.Altering,defacing,etc. It is unlawful to willfully alter,deface,obliterate or destroy a taxicab driver's permit or cause the same to be altered,defaced, obliterated or destroyed. I Sec. 19.5-3931. Display;displaying permit other than driver's permit. Every driver of a vehicle for hire operated in the city shall have his taxicab driver's permit displayed in such vehicle in a conspicuous 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. I Sec. 19.5-3432.Suspension or revocation;grounds;procedure. (a) The city council shall have the rights to suspend or revoke any taxicab driver's permit issued by the city if, upon investigation,the council finds that the holder of such driver's permit: (I) 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; (2) Has been convicted of a felony; (3) Has been convicted of driving a motor vehicle while under the influence of either intoxicating liquor or drugs; (4) Has been convicted of reckless driving; (5) If such person is suffering from a contagious or communicable disease or defect or an uncorrected impairment of vision or hearing or other uncorrected physical impairment;or (6) If it is determined that the holder is not a person of good moral character and fitness. (b) Before a taxicab driver's permit may be suspended or revoked, notice of intention thereof shall be served upon the holder by the city 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(10)days before such hearing,notice by registered mail being considered as being given when the letter is mailed. (c) At the hearing the permit holder shall be given an opportunity to be heard whether in person or by counsel or both. (d) The city shall have the right to suspend any driver's permit subject to action by the city council, but any such suspension by the city shall not be for more than a period of three(3)weeks. I Sec. 19.5-3333.Drivers to report change in residence. A holder of a taxicab driver's permit shall report to the city any change in residence or employment within ten(10)calendar days after making such change. I Secs. 19.5-3334--19.5-51.Reserved.