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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 AccT - ?QL_l REC FFES PTG P/C DOG iNT TOTAL .r ell 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 .S/ S7 -9A ¦ 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 ,: