Ordinance No. 70-13-18 vORDINANCE NO. 75-13-18
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR
VEHICLES, TO ADD ARTICLE V, VEHICLES FOR HIRE, TO
INCLUDE DEFINITIONS, CLASSIFICATIONS, MANNER OF
ADVERTISING, PRINTED MATTER ON A VEHICLE,
INSPECTION, EQUIPMENT AND SAFETY REQUIREMENTS,
METERS REQUIRED, DRIVERS, ENGAGING IN CRIMINAL
ACTIVITY, SCHEDULE OF RATES, CHARGING IN EXCESS,
RATES NOT TO BE CHARGED, CITATIONS AUTHORIZED AND
PENALTIES PROVIDED, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new article to Chapter 21, which article shall read as follows:
"ARTICLE V. VEHICLES FOR HIRE
Sec. 21-75. Definitions.
Whenever used in this article, the following words and terms shall have the
following meanings:
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.
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. 21-76. Classificationof 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:
(a) 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.
(b) 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 constructed to comfortably transport not
more than six (6) persons, including the driver.
(c) 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.
(d) 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.
(e) 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.
(f) Van. Any vehicle recognized as either a full-size passenger van or a
passenger vehicle on a van or truck chassis. The term shall not include a
cargo or panel van.
Sec. 21-77. 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. 21-78. 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
Ordinance No. 75-13-18 Page 2 of 5
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 the City of
Jacksonville.
(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. 21-79. Inspection of vehicles.
It shall be the duty of every driver to subject the vehicle to a complete and thorough
inspection as required by the City of Jacksonville. Written certification of such
inspection shall be maintained in the vehicle while operating in the City of Atlantic
Beach.
Sec. 21-80. Equipment and safety requirements for vehicles for hire.
All vehicles in service as vehicles for hire shall have the following equipment on each
vehicle, which equipment shall be maintained in good working condition
(a) Front and rear lights meeting state standards and a dashboard light that
will indicate when any of the vehicle's doors are not securely closed;
(b) Adequate brakes on all wheels;
(c) Tires of the quality of original equipment as specified by the
manufacturer, or better;
(d) Speedometer in good working order;
(e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can
be easily cleaned and shall be free of tears and cuts;
(f) Seatbelts for the driver and all passengers;
(g) An unexpired A, B, C type fire extinguisher (minimum size of 2.5 lbs);
(h) Adequate heater and air conditioner;
(i) All seats in a shuttle vehicle shall be factory installed only;
0) 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
Ordinance No. 75-13-18 Page 3 of 5
hire which does not comply with the provisions of this section.
Sec. 21-81. 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.
Sec. 21-82. 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. 21-83. 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. 21-85 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.
Sec. 21-84. Rates and charges.
(a) 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.
(b) 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.
(c) 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.
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Sec. 21-85. Citations authorized; 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);
(c) 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."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this 10Aday of Juni 2013.
PASSED by the City Commission on second and final reading this 04' day of
2013.
ATTEST:
dolm0441 &
Donna L. Bartle, CMC
City Clerk
to form and correctness:
ensen, Esquire
Mike Borno
Mayor
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