5187-92
INST # 92-126228
MAY 1v 1992 3+14FM
F1OLLAS COUNTY FLA,
OFF.REC.RK 7894 PO 2316
ORDINANCE NO, 5187-92
11 P!Lclwiio
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO TAXICABS; AMENDING SECTIONS 61.01, 61.05,
61.26, 61,30, AND 61.31, CODE OF ORDINANCES, RELATING TO
DEFINITIONS, THE REVOCATION OR SUSPENSION OF
OCCUPATIONAL LICENSES, AND THE FILING OF CERTAIN
RECORDS; AMENDING SECTION 71.13, CODE OF ORDINANCES,
RELATING TO OCCUPATIONAL LICENSES, TO DELETE THE
REQUIREMENT OF CITY COMMISSION APPROVAL OF LICENSES FOR
TAXICAB BUSINESSES; REPEALING SECTION 61.02, CODE OF
ORDINANCES, RELATING TO CERTAIN DUTIES OF THE CHIEF OF
POLICE; REPEALING SECTION 61.07, CODE OF ORDINANCES,
WHICH REQUIRES DISTINCTIVE COLOR SCHEMES FOR ALL
TAXICABS OPERATED WITHIN THE CITY; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 61.01, Code of Ordinances, is amended to read:
Sec. 61.01. Definitions.
As used herein Ue fal lewinn words and phrases whnv.n._i?hfere ii1 fer the
-espeetiyely r46o8 to fhbn
purpose e - --e}?aPt shs, l c, ,
L .4
4
c.
y ?a C)
"Trip sheet" shall mean a daily log of all passengers in which shall be
recorded the time, place of entry, and destination of each passenger, the amount
charged, and a description of any aersonal property left in the taxicab.
Section 2. Section 61.05, Code of Ordinances, is amended to read:
Sec. 61.05. Annual reports by taxicab companies.
Every taxicab company licensed to provide taxicab service in the city shall
by October first of each year submit to the chief of police the following
information:
(4) Except for companies that have been in business less than six (6)
months, which companies shall provide trip sheets for the period of time they
K
KARLEEN F . I:iEBLAKER r __WO
RECORD VERIFIED ELY :
PINELLAS COUNTY FLA,
OFF. REC.8K 7894 PO-2317'
have been in business, the company shall demonstrate in the case of a renewal
license that.the company has in its possession trip sheet records for the six-
month time period prior to obtaining the license containing information relating
The ter.
h "
to the trips made by the company taxicabs.
d ilay log of a4-passenger-5,- fmm+k-c4ar-ge• pr-ty left -4 i
Section 3. Section 61.26, Code of Ordinances, is amended to read:
Sec. 61.26. Revocation or suspension of c-ampa-ny occupational license,
grounds; notice; hearing.
(a) Upon finding of due cause as hereinafter defined, the city manager
shall have the authority to revoke or suspend any occupational license which h
been +.r ri.nar?_vr?4hT7'fLZY'"m, i hereafter b- issued by the city.
(b) Due cause for the revocation or suspension of an occupational license
shall include but shall not be limited to the following:
(1) Obtaining an occupational license by providing false information,
(2) Conviction by a court of competent jurisdiction of any shareholder,
partner or member of any corporation, partnership, firm or association, holding
a fifty-one (51) per cent interest or more in the entity, of any of the
following:
,a- Criminal homicide, rape, aggravated battery, burglary, aggravated
assault, kidnapping, robbery, child molestation, grand theft, criminal
solicitation to commit or attempt to commit any of the criates immediately above
2
5-1 y 7 -5,:2
?.r
n
FINEL J 'COUNTY FLA.
(]FF. REC . BK 7894 , PO 2318
or unlawful possession, sale or distribution of any controller) substance which
is regulated or prohibited by Ch, 893, F.S., if such violation or violations are
related to operation of the company, or violation of any ordinances of the city
governing the conduct of holders of occupational licenses for the taxicab
business;
(3) Violation of any of the provisions of this chapter, or the traffic
regulations applicable within the city.
(c) No taxicab company occupational 1 icense w#44cI?-ba-s-been--i-ssued---a-P
wWi-e4-ma r-flier=ea shall be revoked or suspended except
upon a finding of due cause a-,def-i-ned-?nsubsec-tt-on W-abaye and after a
hearing before the city manager "4-"ee not less than five days following
_
service of a pr 4or-44*e--day-vr-? notice to the company,, which notice shall
state -statr4ng the place, date, time and purpose of such hearing and -`+ting fe
the charges upon which said yhearing shall b+e held. 4e4ea-r-i-ng- S'h-1 ;e -h
within f fifteen ??'Lfa f?'f: ffC fC?CC-Ct'fe '---. "4'.ri'T?...TJ cRT'
(d) After revocation of a taxicab company occupational license hereun
no application for an occupational license from the same taxicab company tinder=
r- shall be accepted or considered for a period of twelve (12) months
from the date of revocation. For the purposes_of_this subsection, "same taxicab
company" means the same natural person, partnership, corporation, or other
business entity which. held the revoked 1icense,_orany__other _gartnership,
corporation, or business entity having one or more :artners officers directors
or members in common with the-partnership, corporation, or other business entity
which held the revoked license. uti?n- J
rej "4n -+ c7h ey e y''9"*l 0-197- t: h-
'e caia i?rl- "n.n r c
res 45 --Ta-a me+=gear+ at-iata- n?vt? t}--c-an nuecl---apes=at on--by the--e8mpaP
2rqda- e r s Oe--Ma4t-h, we-liar-e- e r--sa y-o - t}e - u13 ? ; tt{e-- c-i-ty-ft?afta e a y?
?u-s}?end-arty--•c-aEr?pany--occ-t?{?a?raa ?-a-a-tense--hest?+?cler--?-any?i?e?}--suspetts?c??aay-be
tr?a?e-elf-ec-t?•?e-?r2???ed i-a?:?l-y-a}}d--s}ia?-l-rei?ia?-n ?n ?at?Ee--ur}#-i?-a-}lear-i•ttg-a?le?t?-ate
i3 r-o*4t#ed-•h e r-e4-n,-
3
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¦
pINELLAS COUNTY FLA• ; G 2319
OFF, f?EG.FiK 71394 t,
Section 4. Section 61.30, Code of Ordinances, is amended to read:
Sec. 61.30. Required.
(a) It shall be unlawful for the owner, operator, or driver of any
taxicab to drive or operate the same or to permit the same to be driven or
operated upon the public streets of the city unless such owner, operator or
driver shall have first procured and filed with the occupational license section
city eler-'' a liability insurance policy, upon which the city is listed as an
additional insured party, issued by a good and responsible insurance company, or
a surety bond issued by a rood and responsible surety company; such insurance
company or surety company must t,:;ve authority to do business as such in the
state. The minimum amount of liability insurance or surety bond for each taxicab
shall be as follows:
(1) An amount of not less than one hundred thousand dollars
($100,000.00) bodily injury liability insurance for any one person injured by
reason of the negligent operation of the taxicab;
(2) An amount not less than three hundred thousand dollars
($300,000.00) bodily. injury liability insurance for more than one person injured
in any one accident; and
(3) An amount not liss than one hundred thousand dollars
($100,000.00) for all property damage in any one accident.
(b) In lieu of subsection (a), the taxicab company, owner, operator, or
driver may make application to the state pursuant to F.S. 324.031, to qualify as
a self-insurer in the same amounts as required above. Such owner, operator or
i
driver shall file with the occupational license section eity elerk a copy of the
application and all documentation filed with the state. Upon approval of such
application by the state, a current copy of such approval shall be filed with the
4
?yIV ? r f
1.
PINELLAS COUNTY F'LA.
OFF.REC?HK 7894 PO 2320
occupational license section d4yis-ion. Upon filing such grant of approval from
the state with the occupational license section d4-v-is4af+, such owner, operator
or driver shall be entitled to function as a self-insurer until such time as the
approval is revoked, cancelled or otherwise terminated.
Section 5. Subsection (b) of Section 61.31, Code of Ordinances, is amended
to read:
Sec. 61.31. Type; cancellation.
(b) No policy of insurance or surety bond as provided in this article
shall be cancelled until the expiration of thirty (30) days after notice of
intended cancellation thereof has been given in writing to the occupational
license section e4 eler- by registered mail or personal delivery of such
notice, and a provision therefor shall be embodied in the policy or surety bond.
Section 6. Section 71.13, Code of Ordinances, is amended to read:
Sec. 71,13. Schedule of fees.
Each applicant shall be required to secure a separate license for each
category which applies to his or her activities. Except as may otherwise be
provided, the following license taxes shall be assessed and collected each year:
174.000 TAXICAB (See note B netes-A-aR -9 and chapter 61)-
174.010 First vehicle . . . . . . . . . . . . . . .50.00
174.020 Each additional vehicle. . . . . . : . . .20.00
Notes:
A. Requires approval by the city commission.
B. Requires city police department recommendat.ion. The applicant shall
5
SI 9 7 - ?,?-
IF LA
,INELLAS COUt4 2321
,
DFF 6 REC' bK 7894
complete a background information report, executed under oath, and shall submit
to a background investigation, photograph, and fingerprints. The recommendation
shall be based upon the criteria set forth in Section 71,12(e) and shall include
a statement of the facts upon which the recommendation is based.
Section 7. Section 61.02, Code of Ordinances, relating to the duties of
the chief of police generally, is hereby repealed.
Section 8. Section 61.07, Code of Ordinances, which requires every taxicab
company holding a license to operate taxicabs within the city to adopt and use
a distinctive color scheme for all taxicabs owned, operated, or controlled by
such taxicab company, is hereby repealed.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING April 2, _ 1992
PASSED ON SECOND AND FINAL
READING AND ADOPTED April. 16, 1992
Rita barvey
Mayor-Commissioner
Attest:
Fynthi #'/ oudeau -"- )
City C`Terk
Approved as to form and correctness:
M. A. Galbraith,! Jr,
City Attorney
Z6 tQ 90 334080 RZ79ZTZ6
t}
• A.
l?
I harcUp° tent tlhis is R true and
enar e,t ccap tho orl ual as it
fa?p e in tho filth of the City of
I i'l aater. titi'itiiwss 1115. luml and
off low seal OLtlae City of CIVanvuter.
.1. wilily: of l,r t , fl9a
•, DeputyCltyCl b
Sl K I - `J ,
ORDINANCE NO. 5187-92
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO TAXICABS; AMENDING SECTIONS 61.01, 61.05,
61.26, 61.30, AND 61.31, CODE OF ORDINANCES, RELATING TO
DEFINITIONS, THE REVOCATION OR SUSPENSION OF
OCCUPATIONAL LICENSES, AND THE FILING OF CERTAIN
RECORDS; AMENDING SECTION 71.13, CODE OF ORDINANCES,
RELATING TO OCCUPATIONAL LICENSES, TO DELETE THE
REQUIREMENT OF CITY COMMISSION APPROVAL OF LICENSES FOR
TAXICAB BUSINESSES; REPEALING SECTION 61.02, CODE OF
ORDINANCES, RELATING TO CERTAIN DUTIES OF THE CHIEF OF
POLICE; REPEALING SECTION 61.07, CODE OF ORDINANCES,
WHICH REQUIRES DISTINCTIVE COLOR SCHEMES FOR ALL
TAXICABS OPERATED WITHIN THE CITY; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 61.01, Code of ordinances, is amended to read:
Sec. 61.01. Definitions.
for the
As used herein herein, -The fellew4ng words and phFases where used
purpose of Shia ehag4er, shall have the mean4Rgs •'-'•• ' '"'^'' * *''
"Tri sheet" shall mean a dail to of all passengers in which shall be
Yy
k recorded the time. Dlace of entrv, and destination of each passenger, the amount
I
charged, and a description of-any personal property left in the taxicab.
Section 2. Section 61.05, Code of Ordinances, is amended to read:
Sec. 61.05. Annual reports by taxicab companies.
Every taxicab company licensed to provide taxicab service in the city shall
by October first of each year submit to the chief of police the following
information:
(4) Except for companies that have been in business less than six (6)
months, which companies shall provide trip sheets for the period of time they
s007-yA
' ? C'is •',? _:.r.?.r?`???'ji,tl .?s;??'-?Vgk;rY7??g1?? ?D,??1;f7s`'.ad. h?•Sir??`J''. ? .,r t3t.- ?`-TSj?/;?JU7?li.?, e.
.Z. .. .;;f'?f `s'i. ?:. .?. - ., { ????,: aye ti1i .r, .!' 1dw,.-y ' `e'-"" .,:?,:;"::t f.4. , E `.. ..1?/.
din"
have been in business, the company shall demonstrate in the case of a renewal
license that the company has in its possession trip sheet records for the six-
month time period prior to obtaining the license containing information relating !.
to the trips made by the company taxicabs. The term "tr4 sheet„ shall mean
daily leg of all passeRgers, the t4me, plaee of entry and the dest4nat4en of ea
I
passenger, -the amount ehapged and a deseription of any peFsenal ppeperty left +*R
-the tax l eat,
peried of at least six (6) manOs-r
! Section 3. Section 61.26, Code of Ordinances, is amended to read:
Sec. 61.26. Revocation or suspension of eempafW occupational license;
grounds; notice; hearing.
(a) Upon finding of due cause as hereinafter defined, the city manager
shall have the authority to revoke or suspend any occupational license was
been issued of wh4eh may hereafter issued by the city.
(b) Due cause for the revocation or suspension of an occupational license
shall include but shall not be limited to the following:
(1) Obtaining an occupational license by providing false information;
(z) Conviction by a court of competent jurisdiction of any shareholder,
partner or member of any corporation, partnership, firm or association, holding
a fifty-one (61) per cent interest or more in the entity, of any of the
following:
V- Criminal homicide, rape, aggravated battery, burglary, aggravated
assault, kidnapping, robbery, child molestation, grand theft, criminal
solicitation to commit or attempt to commit any of the crimes immediately above
2
S1YI - ?
or unlawful possession, sale or distribution of any controlled substance which
is regulated or prohibited by Ch. 893, F.S., if such violation or violations are
related to operation of the company, or violation of any ordinances of the city
governing the conduct of holders of occupational licenses for the taxicab
business;
(3) Violation of any of the provisions of this chapter, or the traffic
regulations applicable within the city.
(c) No taxicab company occupational license which has-5een issued--n
shall be revoked or suspended except
upon a finding of due cause as def- ned4n-sukseet}erg--{ , abe a and after a
hearing before the city manager, duper} not less than five days following
service of a prior f iy^-day wr_if+nn notice to the company, which notice shall
state stat:ing the place, date, time and purpose of such hearing and setting f
the charges upon which said hearing shall be held. The hear-49 s ' " he "?eI4
within fifteen ) ds]i?.r of e at4c a netie 5ued,
-r-r-r----t? c vn-c--rrvc--cE'- is -- 4?-
(d ) After revocation of a taxicab company occupational l i tense hereunder-,
no application for an occupational license from the same taxicab company under-
this ehapte`" shall be accepted or considered for a period of twelve (12) months
from the date of revocation. For the ur oses of this subsection "same taxicab
company" means the same natural person, partnerships, corporation, or other
business entity which held the revoked license or an other partnership,
corporation, or business entity having one or more partners, officers, directors
or members in common with the partnership, corporation, or other business entity
which held the revoked license.
results in---,n el e 4 e4--Eernoed--ge-a# i$n by t#le--cemy
emlaRger-s-- t h eaIth, r- -5 f, a ty of t lie--pub44c---the-e4tl-taaoa-gep- inay
?u?eed-a n?em{zany-ec-eupa?-ena-l-l??eese-beg=eue?#a?--ar??--s?+e?i-su?pe nee-+?a?-be
}nad" of f eet 4 ye--Um ed4a to l yand-Sha4-1-rema4-"n--fort=e-+?nt4 l a-hea g-4-s4e44-a-,
pray i fed hem n,
3
St 87 - 9,?-
V '
..+r+--.,«... ..?.._w._._ _ ? I ?yi .Y, y" ..r'f '.. ...°. .J .r ..1. I ,]?. ? ? - ?..• ? d k ?.
Section 4. Section 61.30, Code of Ordinances, is amended to read:
Sec. 61.30. Required.
(a) It shall be unlawful for the owner, operator, or driver of any
z
taxicab to drive or operate the same or to permit the same to be driven or
operated upon the public streets of the city unless such owner, operator or
driver shall have first procured and filed with the occupational license section
e4ty erk- a liability insurance policy, upon which the city is listed as an
additional insured party, issued by a good and responsible insurance company, or
a surety bond issued by a good and responsible surety company; such insurance
company or surety company must have authority to do business as such in the
state. The minimum amount of liability insurance or surety bond for each taxicab
shall be as follows:
(1) An amount of not less than one hundred thousand dollars
($100,000.00) bodily injury liability insurance for any one person injured by
reason of the negligent operation of the taxicab;
(2) An amount not less than three hundred thousand dollars
($300,000.00) bodily injury liability insurance for more than one person injured
in any one accident; and
(3) An amount not less than one hundred thousand dollars
($100,000.00) for all property damage in any one accident.
(b) In lieu of subsection (a), the taxicab company, owner, operator, or
driver may make application to the state pursuant to F.S. 324.031, to qualify as
a self-insurer in the same amounts as required above. Such owner, operator or
driver shall file with the occupational _1_icense section city raleFI a copy of the
application and all documentation filed with the state. Upon approval of such
appl ication by the state, a current copy of such approval shal l be f i led with the
4
f
occupational license section digin. Upon filing such grant of approval from
the state with the occupational license section djy4sien, such owner, operator
or driver shall be entitled to function as a self-insurer until such time as the
approval is revoked, cancelled or otherwise terminated.
Section 5. Subsection (b) of Section 61.31, Code of Ordinances, is amended
to read:
Sec. 61.31. Type; cancellation.
(b) No policy of insurance or surety bond as provided in this article
shall be cancelled until the expiration of thirty (30) days after notice of
intended cancellation thereof has been given in writing to the occupational
license section e4ty rzle by registered mail or personal delivery of such
notice, and a provision therefor shall be embodied in the policy or surety bond.
Section 6. Section 71.13, Code of Ordinances, is amended to read:
Sec. 71.13. Schedule of fees.
Each applicant shall be required to secure a separate license for each
category which applies to his or her activities. Except as may otherwise be
provided, the following license taxes shall be assessed and collected each year:
' 174.000 TAXICAB (See note B and chapter 61):
174.010 First vehicle . . . . . . . . . . . . . . .50.00
174.020 Each additional vehicle. . . . . . . . . .20.00
Notes:
A. Requires approval by the city commission.
B. Requires city police department recommendation. The applicant shall
5
X57 9 - ! .?-
4
complete a background information report, executed under oath, and shall submit
to a background investigation, photograph, and fingerprints. The recommendation
i
: shall be based upon the criteria set forth in Section 71.12(e) and shall include
a statement of the facts upon which the recommendation is based.
Section 7. Section 61.02, Code of Ordinances, relating to the duties of
the chief of police generally, is hereby repealed.
Section 8. Section 61.07, Code of Ordinances, which requires every taxicab
company holding a license to operate taxicabs within the city to adopt and use
a distinctive color scheme for all taxicabs owned, operated, or controlled by
such taxicab company, is hereby repealed.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING April 2, 1992
PASSED ON SECOND AND FINAL
READING AND ADOPTED April 16, 1992
L--v
?s Rita Garvey
Mayor-Commissioner
Attest:
ynt i ou eau
City C erk
r Approved as to form and correctness:
Jr.
M. A. Galbraith
City Attorney
6
f ,: