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Agenda Item 8D AGENDA ITEM#8D MAY 13,2013 CITY ,I F ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Draft Ordinance for Taxi Cabs DATE: April 11, 2013 SUBMITTED BY: Michael D. Classey,Chief of Police SRATEGIC PLAN LINK: N/A BACKGROUND: In review of the City's Ordinances, staff determined that there is currently nothing that specifically regulates taxi cabs operating within the City of Atlantic Beach. The draft ordinance includes sections on the following: • Definition and classification ® Manner of advertising and printed matter on a vehicle for hire ® Inspections and safety requirements ® Meters and posting of rates ® Driver permitting and appearance per the COJ Ordinance ® Criminal activity The proposed ordinance is brief,but it also requires compliance with the County Ordinance, which is not otherwise enforceable within Atlantic Beach. While there is not currently a significant problem in this area,there have been incidents where a code governing these vehicles would have been of value. Staff believes that it is preferred to enact this ordinance before there is a concern rather than in response to one. BUDGET: None RECOMMENDATIONS: To introduce the proposed Taxi Cab ordinance for First Reading. ATTACHMENTS: Draft of proposed ordinance. COJ ordinance chapter 220 on driver for-hire REVIEWED BY CITY MANAGER: AGENDA ITEM II 8D MAY 13,2013 ARTICLE I. a GENERALLY Sec. —Definitions. Sec.-Classification of vehicles for hire. Sec. -Manner of advertising Sec.-Printed matter appearing on a vehicle for hire, (except limousines);certain information required;advertising regulated. Sec. -inspection of vehicles. Sec. -Equipment and safety requirements for vehicles for hire. Sec. -Meters required for taxicabs. Sec—Drivers of vehicles for hire Sec—Engaging in criminal activity Sec. d Definitions. For the purpose of this chapter the following terms shall have the meanings as set forth within this section: Driver includes every individual operating a vehicle for hire either as owner, agent, employee, or otherwise pursuant to a local business tax receipt issued as herein provided. Vehicle for hire shall mean all motorized vehicles defined and classified in section XX-XXX below. Street shall mean and include all public streets, avenues, boulevards, alleys, lanes, highways, sidewalks, public parks, parking roads, and other public places laid out for the use of vehicles. Taximeter shall mean a mechanical or electronic device which calculates and displays a predetermined rate and indicates the charge for hire of a taxicab and which also records and indicates a fare, rate or charge based on waiting time, extra passengers, initial charge and other fares, rates or charges. Transport shall mean to operate or cruise over the streets of the city and its adjacent territory for the purpose of moving passengers or goods from one point to another. Sec. - Classification of vehicles for hire. For the purpose of construing and applying the terms of this chapter all motorized vehicles which operate over and upon the streets and driveways of the city for the transportation of person(s) for compensation shall be classified and defined as follows: (1) Bus. Any bus, omnibus or other vehicle designed and constructed to comfortably transport seven (7) or more persons, which is not used for regularly conducted amusement rides or sight-seeing tours, and is not operated by another governmental agency. (2) Cruising car. Any vehicle for hire based upon a pre-established schedule of flat charges rather than by taximeter calculation, with an open touring or sedan body, designed and Atlantic Beach,Florida, Code of Ordinances Page 1 of 5 AGENDA ITEM#8D MAY 13,2013 constructed to comfortably transport not more than six (6) persons, including the driver. (3) Limousine. A vehicle for hire only by prearrangement at a rate charged per hour, or fixed in advance, and is a chauffeured, luxury class passenger vehicle that is built or modified for the purpose as a limousine. (4) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7) or more persons used in regularly conducted sightseeing trips, which originate from and terminate at a single specified point, the destination or route of which is not under the direction of the passenger or passengers transported therein; which is not used as a means of local transportation within the city; and which neither receives nor discharges passengers along its routes. (5) Taxicabs. Any vehicle which is rented from a stand in the street or from a private station or garage, the destination and route of which is under the direction of the passenger or passengers transported therein, and fitted with a taximeter or other mechanical device by which the charge for hire is mechanically calculated by measuring and recording either the distance traveled with such vehicle or the waiting time or both. (6) Van. Any vehicle recognized as either her a full-size ll paor ssengr neevvan or a passenger vehicle on a van or truck chassis. The term shall not cargo Sec. -Manner of advertising No driver of a vehicle for hire shall be permitted to advertise such business before the public under any other name or names than the specified name or names recited in the particular business tax receipt under which such holder is authorized to engage in the business of the transportation of person(s) for compensation. Sec. a Printed matter appearing on a vehicle for hire, (except limousines); certain information required; advertising regulated. (a) The name of the company or firm operating a vehicle for hire shall be permanently displayed on both the right and left sides and the rear of the vehicle so that the name shall be plainly visible, with lettering at least four(4) inches in height, and made to reflect lights shined on them in the dark. (b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle the numbered medallion issued by Duval County. (c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no portion extends below the bumper or beyond either side, and so as not to interfere in any manner with full vision through the rear window of the vehicle. Sec. - Inspection of vehicles. It shall be the duty of every owner of a vehicle for hire to subject the vehicle to a complete and thorough inspection as required by Duval County. Written certification of such inspection shall be maintained in Atlantic Beach, Florida, Code of Ordinances Page 2 of 5 AGENDA ITEM#8D MAY 13,2013 the vehicle for hire while operating in the City of Atlantic Beach. Sec. - Equipment and safety requirements for vehicles for hire. All vehicles in service as vehicles for hire shall have the following equipment on each such vehicle, which equipment shall be maintained in good working condition: (1) Front and rear tights meeting state standards and a dashboard light that will indicate when any of the vehicle's doors are not securely closed; (2) Adequate brakes on all wheels; (3) Tires of the quality of original equipment as specified by the manufacturer, or better; (4) Speedometer in good working order; (5) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily cleaned and shall be free of tears and cuts; (6) Seatbelts for the driver and all passengers; (7) An unexpired A, B, C type fire extinguisher(minimum size of 2.5 lbs); (8) Adequate heater and air conditioner; (9) All seats in a shuttle vehicle shall be factory installed only; (10) Except for limousines, there shall be no shades, blinds or curtains between the rear seat or seats and the driver's seat, nor shall any shades, blinds or curtains shield the occupants or the for-hire driver from observation or obstruct the view through the rear window. All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide a generally good appearance. It shall be unlawful to operate any vehicle as a vehicle for hire which does not comply with the provisions of this section. Sec. -Meters required for taxicabs. (a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating condition, a taximeter. (b) The face of every taximeter shall be visible from the passenger compartment of every taxicab at all times and, after sundown, shall be illuminated by a suitable light so arranged as to throw a continuous steady light thereon. (c) No taxicab shall be permitted to operate as both a metered and non-metered (zone rate) vehicle. Each vehicle shall be identified in a manner to designate its status as a metered or non-metered vehicle. Atlantic Beach, Florida, Code of Ordinances Page 3 of 5 AGENDA ITEM#8D MAY 13,2013 Sec, — Drivers of vehicles for hire. Unless otherwise enumerated in this ordinance all drivers of vehicles for hire, while operating in the City of Atlantic Beach, will adhere to the for "For-Hire Drivers" of Duval County, as set forth in the Code of Ordinances, City of Jacksonville, Chapter 220. Sec. —Engaging in criminal activity Engaging in criminal activity while operating a vehicle for hire within the City of Atlantic Beach may result, in addition to any charges under Florida State Statute, in civil fines as contained within Sec. XX-X below. These activities include, but are not limited to the following: (a) Transporting passengers for the purpose of engaging in narcotic or prostitution activity; (b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire, ARTICLE II - RATES AND CHARGES Sec. -Schedule of rates to be posted. Sec. -Charging rates in excess of posted rates. Sec. -When rates not to be charged. Sec. -Schedule of rates to be posted. There shall be posted in every vehicle for which a local business tax receipt is issued under this article, and in full view of the passengers in plain conspicuous letters, a schedule of rates, charges and fares which shall be binding upon the operator of the vehicle and any collection of rates, fares or charges, in excess thereof shall constitute a misdemeanor, Sec. -Charging rates in excess of posted rates. No driver of a vehicle for hire shall charge or demand from any customer any sum of money in excess of those rates or charges posted in such vehicle. Sec. —When rates not to be charged. No charge shall be made for time lost or distance traveled while a vehicle for hire is disabled. No charge shall be made for traveling empty while en route to pick up a passenger unless the person requesting the vehicle for hire refuses to hire it after it arrives, in which case a charge equal to the minimum rate under the schedule filed by the owner pursuant to this Subpart for the distance traveled empty may be collected. Atlantic Beach, Florida, Code of Ordinances Page 4 of 5 AGENDA ITEM#8D MAY 13,2013 Sec. a Citations _uthorized; penalties provided Violations of this chapter shall be punishable by fines as follows: (a) First offense: (The current offense is the first offense if there have been no other citations within the preceding twelve (12) months.) One hundred dollars ($100.00); however, if not paid within fourteen (14) calendar days, the fine increases to one hundred and fifty dollars ($150.00); (b) Second offense; (The current offense is a second offense if there has been only one (1) previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars ($250.00); however, if not paid within fourteen (14) calendar days, the fine increases to three hundred dollars ($300.00); (o) Third and subsequent offenses: (The current offense is a third or subsequent offense if there have been two or more previous citations within the preceding twelve (12) months.) Five hundred dollars ($500.00). If not paid within fourteen (14) calendar days, then the right to operate within the City of Atlantic Beach shall be suspended until the fine is paid or thirty (30) days, whichever is later. Atlantic Beach, Florida, Code of Ordinances Page 5 of 5 AGENDA ITEM#8D MAY 13,2013 PART 3. -FOR-HIRE D VERS(1 Sec. 220.301. -For-hire drivers to comply with Part.. (a) No permit holder shall allow a person to drive a motor vehicle as a vehicle for hire unless the driver holds a valid for-hire driver's permit issued under this Part, which permit is current and not suspended or revoked. (b) No driver of a motor vehicle within the city, except a vehicle for hire operated in compliance with this Chapter and those vehicles excepted from the definition of a vehicle for hire under Section 220.102, shall charge or receive a fare,fee or compensation or solicit or accept a donation,tip,contribution or thing of value, either directly or indirectly,from or on behalf of a person transported in the motor vehicle. (Ord. 82-1121-571, §2; Ord. 83-591-400, § 1) Note—Former§426.301. Sec. 220.302. - For-hire driver's permit.`= (a) Every person shall,before he drives a vehicle for hire, obtain from the owner of the vehicle for hire that he intends to drive an application,in a form prescribed by the Director, containing his name(including all nicknames and aliases by which he is or has been known), age,residence, description,photograph, signature and criminal record, if any.An application fee of$25 shall be paid at the time the completed application is submitted to the Department to defray the expense of the investigation of the applicant. (b) Based upon the written application,the applicant's criminal record and the other information the Director deems relevant to determine the applicant's fitness to drive a vehicle for hire,the Department may approve or disapprove the application. The Department shall not approve the application of a person who has been convicted of a crime under F.S. Ch. 782;F.S. Ch. 784;F.S. §§ 787,01 or 787,02;F.S. Ch, 794;KS. §§ 806.01, 806.031, 806.10 or 806.111;F.S. §§ 810,02 or 810.06; F.S. § 812.13;F.S. § 817.233;F.S. Ch. 837;F.S. § 316.027;F.S. § 877.11 (sale only); or F.S, §§ 893.13, 893.135 or 893.147; or of an offense under this Chapter;nor shall the Department approve the application of a person who, AGENDA ITEM#8D MAY 13,2013 within the three years preceding the date of the application,has been convicted of a crime under F.S. §§ 326.193, 316.1931 or 316.1935;F.S. Ch. 796;F.S. Ch. 800; F.S. §§ 812,014, 812.016 or 812.019;F.S. §§ 817.234,817,235 or 817.52;or F.S. § 877.11 (except sale). The Director may,upon request of the applicant,waive the disability for conviction of any of the crimes listed in this subsection if he is reasonably satisfied that the applicant has been rehabilitated and is not likely to be convicted of any of the crimes listed in this subsection. If the Director declines to waive a conviction,the applicant may appeal this decision to the Council. (c) If the Department disapproves the application, it shall inform the applicant in writing, giving the reasons for the disapproval.The applicant may request the Director for a rehearing, by a written request filed within seven days after the applicant is notified of the disapproval. The Director shall review the application, other information considered by the Department and the reasons given by the Department for the disapproval; and the applicant shall have the right to be present at the hearing,be represented by counsel,to examine the information and material in the possession of the Department and to present evidence on his behalf. The decision by the Director shall be final. (d) Upon request of an applicant,the Department may issue him a temporary for-hire driver's permit if the applicant has submitted the information required by paragraph(1)of subsection(a) of this Section. The temporary for-hire driver's permit shall be valid until the time as the Department completes a check of the applicant's criminal record, if any, in accordance with subsection(b)of this Section. If the check reveals that the applicant provided false information about his criminal record,the temporary for-hire driver's permit shall be automatically and immediately revoked and the Department may permanently disapprove the application on this ground. (e) Every five years, all for-hire drivers shall renew each driver's permit by filing a renewal application with the Director. The renewal application shall include the information contained in Section 220.302(a).At the time of renewal,the Director shall conduct a criminal background check and may approve or disapprove the renewal application pursuant to Section 220.302(b)hereof. (Ord. 82-1121-571, §2; Ord. 83-591-400, §1; Ord. 85-1561-830, §12; Ord. 2002- 1214-E, § 1) Mole—Former sC 426.302. Sec. 220.303. -For-hire driver to furnish current information and keep records; transfer fee.'_ AGENDA ITEM#8D MAY 13,2013 Each holder of a for-hire driver's permit shall note any change in the information required in the application and the name of an owner for whom he drives or from whom he leases a vehicle for hire. It shall be the responsibility of each for-hire driver to keep a full and accurate record of all the information required by Section 220.302(a),which record shall be open to inspection by the Department. The for-hire driver shall keep his record in the place of business of the owner for whom he drives or from whom he leases a vehicle for hire and shall take the record with him when he drives for or leases from another owner. When a for-hire driver changes the owner for whom he drives or from whom he leases a vehicle for hire,he shall pay a transfer fee of$25 to the Department. Failure to keep records as required by this Section shall be ground for the imposition of an administrative fine as provided in Part 5. (Ord. 82-1121-571, §2; Ord. 83-591-400, §1) Note—Former§ 426.303. Sec. 220.304. -For-hire driver's appearance.. Every for-hire driver shall be clean and neat in appearance and shall,while on duty,wear a badge or nameplate with his name thereon on his shirt or coat,in plain view. No for-hire driver may smoke while he is carrying a passenger.If the owner requires a for-hire driver to wear a uniform which is registered with the Department,the for-hire driver shall wear the uniform while on duty. (Ord. 82-1121-571, §2; Ord. 83-591-400, §1) Note—Former§426.304. r , Sec. 220.305. -Posting and exhibition of permit..'_- Every for-hire driver shall post and maintain at all times his for-hire driver's permit or a copy thereof in the vehicle for hire being driven by him,in a place and manner so as to be clearly visible to a passenger and shall exhibit the permit to a law enforcement officer or the Department when requested to do so.Every for-hire driver, upon being requested to do so, shall give to a person who has hired or is about to hire the vehicle for hire his permit number and name and the permit number of the vehicle. (Ord. 82-1121-571, §2; Ord. 83-591-400, §1) Note—Former§426.305. Sec. 220.306. - Suspension and revocation of for-hire driver's permit.:__ (a) AGENDA ITEM#8D MAY 13,2013 The Department is given full power to suspend a for-hire driver's permit if he determines,upon sufficient cause,that: (1) The requirements of this Part or of the rules implementing this Part are not being complied with, (2) A statement contained in the application for the for-hire driver's permit is false. (3) Suspension is otherwise authorized by this Chapter. (b) If the Department determines that the continued operation of a vehicle for hire by the for-hire driver would cause imminent danger to the public safety,the suspension shall be effective immediately upon notice to the for-hire driver, pending the outcome of a hearing under subsection(c)of this Section. In this case,the Department may require the for-hire driver to surrender his permit immediately and thereupon to cease operating a vehicle for hire. (c) Except as provided in subsection(b) of this Section,the Department shall hold a hearing prior to the issuance of an order of suspension.The for-hire driver shall be given a written notice of the hearing,by certified or registered mail or personal service,including specifications of the grounds for the suspension,no less than two weeks prior to the date of the hearing, and he shall be entitled to attend the hearing,be represented by counsel and present evidence in his behalf. The Department shall issue a written decision within ten days after the hearing and, if suspension is ordered,it shall become effective immediately or at a later date stated in the order. (d) A suspension may be ordered for a time period not exceeding 30 days and, in order that the suspension be withheld or terminated before the time fixed in the order, it may be made conditional upon the taking of some remedial or preventive action by the for-hire driver. As soon as the suspension becomes effective [including a suspension under subsection(b)of this Section],the for-hire driver shall cease to operate a motor vehicle as a vehicle for hire: if the period of suspension is for longer than ten days,the for-hire driver shall surrender his permit to the Department,which shall return it to him when the suspension ends or is terminated. After the end or termination of a period of suspension longer than 15 days,the for-hire driver may not return to service until he has placed accurate, timely information under Section 220.303 in his record. (e) AGENDA ITEM#8D MAY 13,2013 The Department is given full power to revoke a permit if it determines, upon sufficient cause, that: (1) The for-hire driver has repeatedly engaged in violations of this Part or the rules implementing this Part,evidencing a flagrant or wilful disregard for the public safety,whether or not the Depaitluent imposed a suspension for any of the violations, (2) The for-hire driver has been convicted of any of the crimes listed in Section 220.302(b). (3) Revocation is otherwise authorized by this Chapter. (4) The for-hire driver has failed to renew his permit pursuant to Section 220.302(e). A revocation proceeding shall be commenced and prosecuted in the same manner and under the same conditions as a suspension proceeding.The Department may withhold the revocation of a for-hire driver's permit or may condition the reinstatement of a revoked for-hire driver's permit upon the taking of some remedial or preventive action by the for-hire driver. If a for-hire driver's permit is revoked,the for-hire driver shall cease to operate a motor vehicle as a vehicle for hire and shall surrender the for-hire driver's permit to the Department. If the Department reinstates the for-hire driver's permit, the for-hire driver may not return to service until he has placed accurate,timely information under Section 220.303 in his record. (Ord. 82-1121-571, §2; Ord. 83-591-400, §1; Ord. 2002-1214-E, §1) Note—Former§426.306.