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HomeMy WebLinkAboutO-10100J-86-180 4/22/86 ORDINANCE NO.j SL I U O AN ORDINANCE PROVIDING FOR THE REGULATION, LOCATION, AND OPERATION OF NONMOTORIZED - VEHICLES FOR HIRE ON THE STREETS AND SIDEWALKS OF THE CITY OF MIAMI; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic; and WHEREAS, nonmotorized vehicles operating on public streets promote the public interest by contributing to an active and attractive environment; and WHEREAS, reasonable regulation of nonmotorized vehicles for hire operating on streets and sidewalks is necessary to protect the puhlic health, safety, and welfare; and WHEREAS, although Metropolitan Dade County has adopted preemptive regulations governing the operation of motorized vehicles for hire, it has not adopted regulations covering the operation of nonmotorized for hire vehicles; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section l.The following provisions are hereby added to the Code of the City of Miami, Florida, as amended: "Section 1. DEFINITIONS. For the purpose of this ordinance: A. Nonmotorized vehicle for hire is defined as an animal -powered vehicle carrying passengers for hire in the City. The reference herein to "vehicle" shall mean a nonmotorized vehicle for hire. The term "animal" includes humans, horses and fowl. B. Person is defined as any natural individual, firm, trust, partnership, association, or corporation, in his/her or its own capacity or as administrator, conservator., executor, trustee, receiver, or other representative appointed by a court. Whenever the word "person" is used in any section of this ordinance prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners (both general and limited) or members or employees thereat who are responsible for any violation of said section and such word as applied to corporations shall include the officers, agent, or employees thereof who are responsible for any violation of said section. C. Chauffeur is defined as every individual who drives or propels a vehicle in the City. D. Street is defined as any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public park, viaduct or other public place located in the City and established for the use of vehicles. F. Operator is defined as any person engaged in business as the owner or proprietor of a vehicle requiring a license under this ordinance. Section 2. OCCUPATIONAL LICENSE. A. Requirement; tag. It shall be unlawful to operate any vehicle on any street, alley, sidewalk, or public park within the City until the proper license, as set forth in City Code Chapter 31, has been issued by the Department of Finance, at which time a metal or plastic tag shall be furnished, upon which tag shall be the words describing the kind of license, and the year for which the license is paid. Such tag shall be, at all times during the period for which the license is paid, securely affixed and 2— 110100 `l* attached in a conspicuous place on the left rear of each vehicle covered under the license. B. Application. The license referred to in Subsection A hereof shall be issued in accordance with Chapter 31, of — the City Code. The application for a license, which application may be received as early as June 1st prior to the commencement of a license year which extends from September 30th to October 1st, shall include the following, in addition to information required in City Code Section 31-28: (1) Name, home and business address of the applicant and the name and address of the owner, if other than the applicant, of every vehicle to be used in the applicant's business; (2) The name, address, telephone number and form of business. If the applicant is a corporation, it shall also state the names, addresses and occupations of its officers, directors and major stockholders, and the names and addresses of any parent or subsidiary companies, the date and place of incorporation, and, if incorporated outside of the State of Florida, whether or not it is qualified to do business within the State of Florida. If the applicant is a corporation controlled by another corporation, the names, addresses and occupations of the officers, directors and major stockholders of the controlling corporation shall also be stated. If the applicant is a partnership or other unincorporated association, the names and addresses of each member, whether active or -3- 10100 inactive, shall he set forth, and if one or more partners or members are corporations, the names and addresses and occupations of such corporations' officers, directors and major stockholders shall also be stated. Evidence of registration of a fictitious name or trade name, if any, under which the applicant proposes to do business; (3) A description of the proposed service to be provided by the applicant including the area of the City to be covered and times of operation; (4) A description and photograph of the type of vehicle to be used in the operation of the business. The photograph shall accurately represent the vehicle in an operational mode; (5) A Certificate of Inspection as required by Section 4 hereof; (6) A Certificate of Insurance as required by Section 2 hereof; (7) The proposed location of the business office for the vehicle operation, the proposed location for storage of the vehicles and the proposed location for sheltering or stabling of the animals. C. Issuance. (1) Not later than sixty (60) days after the filing of a completed application, and obtaining all applicable approvals and certificates for a vehicle license, the Finance Department shall issue the license. If the license is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application. -4- 110100 a (2) Upon receipt and acceptance of a completed application for a license, the Finance Department shall forward a copy of said application to the Police Department. For all licenses covering nonhuman -powered vehicles, the Finance Department shall also forward copies of said application to the Public Works Department, and the Director of the Department of Off -Street Parking. Each official shall evaluate the application for public health, safety and welfare concerns as pertains to his/her department. If the applicant's plan for service meets with the official's approval, he/she shall report said approval in writing to the Director of the Finance Department. If said plan or application does not meet with the approval of the reviewing official, he/she shall report such disapproval to the Applicant and to the Director of the Finance Department with the reasons for disapproval listed in writing. Should the application be disapproved by the Chief of Police, the Director of the Department of Public Works, or the Director of the Department of Off - Street Parking, the application for license shall be denied, and no license to operate the business shall be issued to the applicant. (3) Any applicant whose application for a permit has been denied may, within thirty (30) days after said denial, appeal in writing to the City Commission, which shall schedule a hearing thereon within forty-five (45) days after receipt of said appeal. -5- 110100 TD. Denial, suspension and revocation. Any license issued hereunder may be denied, suspended or revoked in accordance with the procedures contained in City Code Chapter 31 for the following causes: (1) Fraud or misrepresentation contained in the — application for the .license; (2) Where any operator has failed to comply with any of the provisions of this ordinance or has willfully or knowingly violated any such provision, or for good cause; (3) Conduct the licensed business in such manner as to create a public nuisance, or to constitute a danger to the public health, safety or welfare. E. No unlicensed driver permitted No operator holding a business license under this ordinance shall knowingly permit any vehicle operated under such license to be driven, or , propelled, except by a chauffeur holding a current driver's license issued by the Florida Department of iiighway Safety and Motor Vehicles. F. Compliance with laws required. Every applicant shall comply fully with all ordinances, rules, and regulations of the City, Dade County, and all statutes of the State of Florida, applicable thereto during the license period. G. Renewal; duplicates. (1) All licenses are valid for the entire licensing period unless revoked or suspended prior to expiration. Applications to renew a license shall be made no later than thirty (30) days before the expiration of the -6- i1 0100 current license; said application shall comply with all provisions required for issuance of licenses. (2) If a license issued under_ this section is lost or destroyed, the license holder may obtain a duplicate upon payment of a ten dollar ($10.00) service charge. H. Insurance. For each vehicle there shall be maintained a Policy or policies of liability insurance applicable to the type of vehicle licensed with at least a combined single limit for bodily injury or property damage liability of Five Hundred Thousand Dollars ($500,000) per occurrence. A Certificate of Insurance indicating the liability amounts and the policy period must be on file in the Finance Department prior to issuance of a license. The Certificate should indicate that coverage extends to or beyond the licensing period. Section 3. OPERATIONS. A. Restrictions. (1) Licenses covering nonhuman -powered vehicles issued under the provisions of City Code Chapter 31 to operators shall only be applicable within certain areas of the City during specific time periods. There shall be no operation of such vehicles between the hours of sundown and sunrise on both Fridays and Saturdays in the Central Coconut Grove District, an area bounded on the West by McDonald, on the East by Mary Street and South Bayshore Drive, on the North by Grand Avenue, and on the South by Main Highway. All approved areas, routes, hours and schedules of operation must be approved by -7- the Police Department each time a license is issued or renewed. A thorough description, including maps, of the proposed route(s) to be served or utilized in transporting passengers, including a schedule of proposed rates and charges for each route or trip offered to passengers must be submitted at time of license application and renewal, together with a thorough description, including maps, of the proposed route to be utilized in transporting the vehicles from the storage location to the passenger loading/unloading stations. The Police Department has the right to change, modify or revoke approved routes and/or hours at any time if in its determination the operation of a vehicle is unreasonably and negatively affecting the safety and efficient flow of vehicular or pedestrian traffic; such action by the Police Department may be appealed, within fifteen (15) days from the date of such action, in writing to the City Commission, which written appeal shall be filed in the office of the City Clerk. The City Commission shall schedule a hearing thereon within forty-five (45) days after receipt of said appeal by the City Clerk. The operator may, in writing, request the Police Department to change or modify the approved routes and/or hours, which requested change or modification shall be granted if the Police Department determines that such change is reasonable and has no negative effect upon the safety and efficient flow of vehicular and pedestrian traffic. Failure to -8-10100 AN grant the request within fifteen (15) days from the date such written request is filed in the Office of the Chief of Police shall be subject to appeal. The appeal shall be to the City Commission and must be in writing and filed in the Office of the City Clerk within forty-five (45) days from the date such original written request was filed in the Office of the Chief of Police. The City Commission shall schedule a hearing thereon within forty-five (45) days after receipt of said appeal by the City Clerk. (2) Licenses covering human -powered vehicles issued under the provisions of City Code ` Chapter 31 to operators shall be applicable within certain areas of the City. There shall be no operation of such vehicles _ between the hours of sundown and sunrise on both Fridays and Saturdays in the Central Coconut Grove District, an area bounded on the West by McDonald, on the East by Mary Street and South Bayshore Drive, on the North by Grand Avenue, and on the South by Main Highway. All general areas, hours and schedules of operation must be approved by the Police Department each time a license is issued or renewed. A thorough description, _j including maps, if deemed necessary by the Ipolice Department of the proposed areas to be I served or utilized in transporting passengers, including a schedule of proposed rates and charges for each area or trip offered to passengers must be submitted at time of license application and renewal. The City Commission, after a public hearing which -9- 1101Q0 shall have been the subject of a published notice advertised in a newspaper of general circulation at least 10 days in advance, has the right to change, modify or revoke approved areas and/or hours at ally time if in its determination the operation of a vehicle is unreasonably and negatively affecting the safety and efficient flow of vehicular or pedestrian traffic. The operator may, in writing, request the Police Department to change or modify the approved areas and hours which requested change or modification shall be granted if the Police Department determines that such change is reasonable and has no negative effect upon the safety and efficient flow of vehicular and pedestrian traffic. Failure to grant the request within fifteen (15) days from the date such written request is filed in the Office of the Chief of Police shall be subject to appeal. The appeal shall be to the City Commission and must be in writing and filed in the Office of the City Clerk within forty-five (45) days from the date such original written request was filed in the Office of the Chief of Police. The City Commission shall schedule a hearing thereon within forty-five (45) days after receipt of said appeal by the City Clerk. B. Rates. Vehicles shall be operated at rates which must be disclosed to passengers prior to departure on any trip or payments for said rates shall be subject to forfeiture. eAll C. Parking. (1) A vehicle, while waiting for customers, may be parked in any regularly marked parking and boarding zones. If the length of the vehicle is oversize, the use of two ('2) parking spaces is permitted, while waiting for passengers to board and exit the vehicle. All applicable meter charges must be paid. Parking on any sidewalk by nonhuman -powered vehicles is not permitted. Loading and unloading of human -powered vehicles on sidewalks is permitted, provided the sidewalk is wide enough to accommodate said vehicles in addition to an unobstructed eight (8) foot pedestrian passageway. (2) Public streets may be used during the process of loading and unloading vehicles from any truck or trailer, but said truck or trailer shall not be parked or stored except in regularly marked parking or storage areas. Section 4. VEHICLES AND ANIMALS. A. Safety requirements; generally. (1) All vehicles shall comply with the following requirements: (a) All equipment installed in any part of the vehicle shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn. (b) Vehicles must be operated in accordance with all provisions of State Law regulating vehicles and their operation. (c) Passengers shall not be carried in excess of the vehicles seating capacity, -11- 10100 10 N which is defined as the number of persons that can be seated on the seat of the carriage or vehicle. 'this definition is specifically intended to prohibit seating of passengers (except infants) on the laps of other passengers and/or on parts of the carriage not designated for use as passenger seating. (d) Safety equipment shall be required in accordance with E.S. Chapter 316; such equipment shall be affixed to the vehicle. (2) In the event any vehicle for which a license has been issued becomes unsafe for operation, or its body or seating facilities are so damaged, deteriorated or unclean as to render such vehicle unfit for public use, the said vehicle may be suspended for use by the Chief of Police until the said vehicle is made safe for operation and its body is repaired and painted and its seating facilities reconditioned or replaced as required by the Police Department. Inspection certificate. (1) (a) All vehicles shall be inspected and approved by the Police Department for operation prior to certification as being in compliance with the applicable provisions of Subsection A hereof. (b) All inspection certificates shall be issued by the Police Department. The Police Department shall also furnish a decal to be affixed to the vehicle inaicating the vehicle number and ing capacity. -12- 110100 All (c) During any period of vehicular repair not exceeding seventy-two (72) hours, a substitute vehicle may be used without the necessity of the herein inspection or the presence of the accompanying decal. (2) (a) A certificate of soundness shall be required for each animal that will be - pulling a vehicle. The certificate shall be issued by a veterinarian licensed in the State of Florida. (b) The certificate of soundness shall state that the animal, if a horse, has been tested within the past calendar year for the presence of Equine Infectious Anemia and that the test results were negative; further said certificate shall state that the animal is free from infectious disease, in good health and fit for hack and vehicle service under this Ordinance. (c) Each animal shall thereafter be reexamined at intervals of no more than six (6) months, and a certificate of soundness shall be issued by the l examining veterinarian and filed with the city in order for such animal to i } remain in service. No animal shall be i i used to draw an animal -drawn vehicle without such certificate of soundness I 1 certified and dated within any preceding j six-month period. C. Inspection and certificate fee. An inspection fee of Twenty Five Dollars ($25) per f vehicle shall be paid to the City at the time of -13- 110100 t filing any license application, such fee is to be applied to the cost of administering the provisions of this ordinance and is in addition to the license fee payable under the provisions of Chapter 31 of the City Code. D. Nonabuse of horses. (1) The driver of each horse-drawn vehicle shall make water available to every horse used to pull a vehicle at intervals not to exceed two (2) hours. (2) No vehicle being drawn by a horse shall be permitted to carry more than six (6) passengers per horse, exclusive of the driver of said vehicle. (3) No vehicle being drawn by a horse shall be permitted to operate upon the public streets of the City when the temperature is below thirty-two degrees (32 ) Fahrenheit or above ninety degrees (90 ) fahrenheit as reported by the U. S. Weather Bureau. (4) It shall be unlawful for any owner or drive to use whips, bits, or any other equipment which may cause injury to the horse being used to pull the vehicles. F. Sanitation. It shall be unlawful for the chauffeur of any i nonhuman -powered vehicle to allow any excreta to be deposited and remain on any public street. The method of excreta control and disposition shall be by diaper, bucket and shovel, deodorizer, or other such means as approved by the Public Works i Department. 110100 ti Section 5. CHAUFFEURS, A. Driver's permit required. (1) Any person desiring to drive or operate a vehicle upon the streets of the City cat Miami shall submit to the Chief_ of police a written application which shall contain the following information: (a) His/her name, address, telephone number, and age; (b) A statement that he/she is free of and does not have any disease or infirmity which might make him/her an unsafe or unsatisfactory driver; (c) A photocopy of a currently valid driver's license issued by the Florida Department of Highway ;safety and motor Vehicles. (2) An applicant for a driver's permit under this ordinance, which shall be renewable annually upon the filing of an application as set forth in paragraph (A)(1) of this Section, must not be less than eighteen (18) years of age, with no physical infirmities which might make the applicant an unsafe or unsatisfactory driver. (3) In the event that any driver at any time ceases to meet the qualifications described above, or fails to satisfactorily correct any false statement made in the application, or fails to operate a vehicle in accordance with the provisions of this ordinance the Chief of police shall be empowered to suspend the driver's permit until such time as the violations are corrected. B. Prohibited conduct. No vehicle chauffeur shall: (1) leave any nonhuman -powered vehicle unattended; (2) stor_e, park or leave any vehicle overnight on any street or sidewalk, or park any vehicle other than in a regularly marked space, in conformance with the City, County and State parking regulations; (3) operate in an area or at a time other than the ones approved by the City; (4) use any noise -making device after 9:00 P.M., except during special events, and at no time shall such chauffeur use its traffic warning device on any vehicle, except to give necessary signals while in traffic; and any chauffeur who violates the provisions of this paragraph, upon written notice from the City Manager or his/her authorized representative, shall remove said noise -making device from the vehicle or reduce the volume on such noise -making device so that the same shall not be in violation of this paragraph. Failure to comply with such notice shall also subject such chauffeur to other penalties as set forth in this ordinance; (5) have his/her vehicle in motion while anyone is standing or while anyone is sitting anywhere other than in the passenger seats thereof; (6) collect fares, make change or take on or discharge passengers while the vehicle is in motion; (7) operate any vehicle in such a manner that would clearly jeopardize the safety of the passengers transported therein; -16- 10100 (8) operate a vehicle in such a way as to intentionally impede automobile traffic or create a hazardous situation; or (9) park the vehicle in a manner so as to disrupt the flow of automobile traffic on public streets, roads, and thoroughfares, or so as to impede the flow of pedestrian traffic. Section 6. PENALTIES. Any person violating the provisions of any section of this ordinance shall, upon first conviction hereof, be fined not more than Five Hundred Dollars ($500). Upon second conviction and subsequent convictions thereafter, any person violating the provisions hereof shall be fined not more than Five Hundred Dollars ($500) or be imprisoned for not more than ten (10) days, or shall be both fined and imprisoned. Each day that such violation shall continue shall constitute a separate offense." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplishpsuch intention. It is further intended that this ordinance shall not apply to persons or firms who are engaging in businesses that are contemplated to be regulated hereunder and who are holding an occupational license for the current license year at the time of adoption hereof. -17- '10,00 PASSED ON FIRST READING BY TITLE ONLY this 27th day of March, 1986. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of April , 1986. ATT E S'. f City Clerk PREPARED AND APPROVED BY: ROBERT F. CLARK Chief Deputy City Attorney APPROVED,-S/TO FORM AND CORRECTNESS: LUCAA. DOUTHERTY City Attorney RFC/wpc/ab/pb/M003 XAVIER I.J. SUAREZ, MAYOR I, Matty Hirai, Clerk of the City of ",Nliomi, Florida, —7L h reh� ccl•tif\ 01nt till the __ (!,��' of A. n ft,ll, t, u: :1ril t, 1 .._,, - of the :`fhc►�e L11111 ito) Door of th'_ i 2 t't, _ vo- r: i(led fill' n ,ti,.', cr".' >_tltii :,ti n'� ,1y ;,iia:i:il.•, .-_i'.I .'opt' to 1 1 1:11il:Uill Llll(1 ttl:' ()7 1.11 Se:il Of sold %l. City tilis.luy of V. J. 19-a CiTy Clerk -18- 10100 V CITY OF w4,M1, FLORIDA INTER -OFFICE MEMORANDUM A To Honorable Mayor and Members LATE April 4, 1986 VILE of the City' Commission SC.9:E Nonmotorized For Hire Vehicle Ordinance FROM Lucia A.'• Dougherty REFERENCES City Commission Agenda, 4/22/86 City Attorney E N:'LOSURES ( 1 ) For clarity, the subject ordinance which was adopted on first reading at the March 27, 1986 City Commission Meeting has been restructured with the 19 original sectionslbeing consolidated by subject matter into 6 sections, as follows: New Sections Pale(�s ) on si nai Sections 1. DEFINITIONS 1 1 2. OCCUPATIONAL LICENSE 2-6 4, 5, 18, 14, 13 17and 9 3. OPERATIONS 6-8 3, 15 and 16 4. VEHICLES AND ANIMALS 9-11 7, 11, 12, 8 and 10 5. CHAUFFEURS 11-13 2 and 6 6. PENALTIES 13 19 A number of procedural and/or administrative requirements have been omitted from this attached draft as being either unnecessary or too restrictive. Where appropriate, the provisions concerning horse-drawn vehicles are different from those regulations which apply to human -powered vehicles. The approved changes made at the March 27th meeting also appear in this restructured version 1 The original Sections are sequentially listed in the herein grouping as said Sections now appear in the restructured Ordinance. 0 KNOW Honorable Mayor and Members of the City Commission April 4, 1986 Page 2 which can appropriately be considered on second reading at the April 22, 1986 Meeting. LAD/RFC/rr/153 ec:L"�'Cesar H. Odio, City Manager Matty Hirai, City Clerk 10100 A it-4TEFL (}F{`1i.f: 7,Af-`MC)f�A?'-J01,1Ni TO Matty Hirai April 7, 1986„F , City Clerk Nonmotorized For -Hire- - ��/ Vehicle Ordinance Robert F. Clark C G Deputy City Attorney C1) The attached memorandum inadvertently carried a date of March 21, 1986 instead of April 4, 1986. RFC/rr/155 cc: Carlos E. Garcia, Director Finance Department Chief Clarence Dickson Miami Police Department Joseph A. Ingraham, Director Solid Waste Department Col. Arthur Vincent Lt. Lane Bradford Lt. John O'Brien Traffic Section, MPD Philip Luney, Treasury Management Division Finance Department Clark Turner Planning Department Agenda Section 10100 i Matty Hirai April 7, 1986 City Clerk Nonmotorized For -Hire- / Vehicle Ordinance _ Robert F. Clark '14- Deputy City Attorney The attached memorandum inadvertently carried a date of March 21, - 1986 instead of April 4, 1986. RFC/rr/155 cc: Carlos E. Garcia, Director Finance Department Chief Clarence Dickson Miami Police Department Joseph A. Ingraham, Director Solid Waste Department Col. Arthur Vincent Lt. Lane Bradford Lt. John O'Brien — Traffic Section, MPD Philip Luney, Treasury Management Division Finance Department Clark Turner Planning Department Agenda Section - 101p0 TO fN,�is::F�-t.+t si; F P-1S P.j+.fl;''rllt;l%;•. } +.-� Matty Hirai March 21, 1986 City Clerk Nonmotorized V6rttH-.re- r. Vehicle Ordinance Robert F . Clark Deputy City Attorney (1) Attached find a draft of the subject ordinance which will be considered for second reading at the April 22, 1986 City Commission Meeting which commences at 2:00 P.M. I am also delivering a copy of the proposed ordinance To Mr. 1986 Chai, who addressed the City Commission at the March 27, Meeting. Copies of the proposed ordinance are being forwarded to interested City staff members together with our transmittal memorandum to the City Commission. RFC/rr/154 cc: Carlos E. Garcia, Director Finance Department Chief Clarence Dickson Miami Police Department Joseph A. Ingraham, Director Solid Waste Department Col. Arthur Vincent Lt. Lane Bradford Lt. John O'Brien Traffic Section, MPD Philip Luney, Treasury Management Division Finance Department Clark Turner Planning Department Agenda Section 110100 It-41FR-C)FFi�: Er r.ab:.t r_tf�e�.rJC,1 ,.1 7 TO Matty Hirai March 21, 1986 City Clerk ly FROM Robert F. Clark Deputy City Attorney Nonmotori2dd Vdt-'hire- - Vehicle Ordinance �1) Attached find a draft of the subject ordinance which will be 1986 City considered for second reading at the April 22, Commission Meeting which commences at 2:00 P.M. I am also delivering a copy of the proposed ordinance To Mr. the March 27, 1986 Chai, who addressed the City Commission at Meeting. Copies of the proposed ordinance are being forwarded to transmittal interested City staff members together with our memorandum to the City Commission. RFC/rr/154 cc: Carlos E. Garcia, Director Finance Department Chief Clarence Dickson Miami Police Department Joseph A. Ingraham, Director Solid Waste Department Col. Arttlur Vincent Lt. Lane Bradford Lt. John O'Brien Traffic Section, MPD Philip Luney, Treasury Management Division Finance Department Clark Turner Planning Department Agenda Section 110100 r,,_ Honorable Mayor and Members April 4, 1986„F. of the City' C,6mmission Nonmotorized' For f#i46, - Vehicle Ordinance F R0N1 Luci fA .Doughert - City Commission Agenda, — Cit Attorney 4/22/86 i1) For clarity, the subject ordinance which was adopted on first reading at the March 27, 1986 City Commission Meeting has been restructured with the 19 original sections 1being consolidated by subject matter into 6 sections, as follows: New Sections Pages) Original Sections 1. DEFINITIONS 1 1 2. OCCUPATIONAL LICENSE 2-6 4, 5, 18, 14, 13 17 and 9 3. OPERATIONS 6-8 3, 15 and 16 4. VEHICLES AND ANIMALS 9-11 7, 11, 12, 8 and 10 5. CHAUFFEURS 11-13 2 and 6 i 6. PENALTIES 13 19 A number of procedural and/or administrative requirements have been omitted from this attached draft as being either unnecessary or too restrictive. Where appropriate, the provisions concerning horse-drawn vehicles are different from those regulations which apply to human -powered vehicles. The approved changes made at the March 27th meeting also appear in this restructured version 1 The original Sections are sequentially listed in the herein grouping as said Sections now appear in the restructured Ordinance. 10100 R Honorable Mayor and Members of the City Commission April 4, 1986 Page 2 which can appropriately be considered on second reading at the April 22, 1986 Meeting. LAD/RFC/rr/153 cc: Cesar H. Odio, City Manager Matty Hirai, City Clerk 1l�iUu tN 1F.Fi 10 Honorable Mayor and Members March 21, 1986 of the City Commission Nonmotorized For -Hire - Vehicle Ordinance Lucia A. ougherty City Attorney j _ c1� At the request of City staff, we have assisted in the preparation of the attached proposed ordinance which regulates the activity of nonmotorized-for-hire vehicles. Because this activity impacts directly upon the safety of passengers of such vehicles, as well as other travellers on City streets, we are recommending its adoption on first reading at the next City Commission Meeting, March 27, 1986, even though the item may not appear on the printed Agenda. In the absence of proof that a present need exists for a limit on the number of vehicles, we have not included any limitation on the number of such vehicles for the current license year. The inspection fee of $25 per vehicle is incorporated in said ordinance to help defray the cost of enforcing the ordinance and should be reviewed before the end of this fiscal year and the beginning of the next licensing year, October 1st. Regulations concerning the soundness and nonabuse of horses which may be used under the provisions of this ordinance were patterned after the City of Tampa's regulatory ordinance. LAD/RFC/rr/123 ec: Cesar H. Odic, City Manager Carlos E. Garcia, Director Finance Department Chief Clarence Dickson Miami Police Department Joseph A. Ingraham, Director Solid Waste Department Lt. Lane Bradford Lt. John O'Brien Traffic Section, MPD Philip Luney, Treasury Management Division Occupation License Section, Finance Clark Turner Planning Department Agenda Section 1 0 1 ()o INS I F_tT L..-i., }i S'�. •6 t', k•l( v-)A,!--I Lucia A. Dougherty March 20, 1986 "'f TRS 13 City Attorney License Application for _ Non -Motorized Vehicles Clarence Dickson Chief of Police Attached you will find a copy of the proposed ordinance regulating the operation of all non -motorized vehicles within the City of Miami. We have added some items which we feel may be of benefit to both, our Department and the City. We recommend adoption of this ordinance by the City Commission so that we may exercise control over the use of rickshaws and horse-drawn carriages that will be and are operating on City streets. According to Mr. Carlos Garcia, Director of Finance, operators of horse-drawn carriages have had their applications for licensing within the City submitted for several months. CD:mf:HB:6565 l O JL U CI`r OF MiA.1" FLOR!D- INTER -OFFICE MEMORANDUM Honorable Mayor and Members CA7E March 21, 1986 VILE of the City Commission �n Nonmotorized For-Hire- /�� / vehicle Ordinance /Lucia A. ougherty d "`"`_ `5 City Attorney At the request of City staff, we have assisted in the preparation of the attached proposed ordinance which regulates the activity of nonmotorized-for-hire vehicles. Because this activity impacts directly upon the safety of passengers of such vehicles, as well as other travellers on City streets, we are recommending its adoption on first reading at the next City Commission Meeting, March 27, 1986, even though the Item may not appear on the printed Agenda. In the absence of proof that a present need exists for a limit on the number of vehicles, we have not included any limitation on the number of such vehicles for the current license year. The inspection fee of $25 per vehicle is incorporated in said ordinance to help defray the cost of enforcing the ordinance and should be reviewed before the end of this fiscal year and the beginning of the next licensing year, October 1st. Regulations concerning the soundness and nonabuse of horses which may be used under the provisions of this ordinance were patterned after the City of Tampa's regulatory ordinance. LAD/RFC/rr/123 cc: Cesar'H. Odio, City Manager Carlos E. Garcia, Director Finance Department Chief Clarence Dickson Miami Police Department Joseph A. Ingraham, Director Solid Waste Department Lt. Lane Bradford Lt. John O'Brien Traffic Section, MPD Philip Luney, Treasury Management Division Occupation License Section, Finance Clark Turner Planning Department Agenda Section 110100 To Lucia A. Dougherty City Attorney FROM Clarence Dickson' Chief of Police CITY OF MIAMI, FLORIOA INTEROFFICE MEMORANDUM DATE March 20, 1986 FILE TRS 13 SUB:E.:' License Application for Non -Motorized Vehicles REFERENCES. ENCLOSURES. Attached you will find a copy of the proposed ordinance regulating the operation of all non -motorized vehicles within the City of Miami. We have added some items which we feel may be of benefit to both, our Department and the City. We recommend adoption of this ordinance by the City Commission so that we may exercise control over the use of rickshaws and horse-drawn carriages that will be and are operating on City streets. According to Mr. Carlos Garcia, Director of Finance, operators of horse-drawn carriages have had their applications for licensing within the City submitted for several months. CD:mf:HB:6565 1 01 00 LJ MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE- Before the undersigned authority penonally appeared OctsIms V. Ferbeyre, who on oath says that she Is the Supervisor of Legal Advertising of the MIsMI Review and Deity Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement being a Legal Advertisement of Notice In the matter of CITY OF MIAMI Re: ORDINANCE NO. 10100 In the ........... %.. Y. AA.r ...................... Court. was published In said newspaper In the Issues of May 2, 1986 Alflant further says that the said Miami Review and Daily Record is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been antered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next pi trig the first publication of the attached copy of adveOlsormn$ and affiant further says that she has neither paid nor promised any person. firm or corporation any discount. rebate, commission or refund forlbs, purpoae of securing this advertisement for 1 f id newspaper. (; wilrrNao arlp sutracribed before me this ?.n. Me day, of ........... ;....Y._ ..... A.D. 19... ... . 37� F A 1 NoUW'Ptt I1 to of Flortds at Large (SEAL) OF F My Commission WApiaet OW 23, 1986. CITY OF MIAMI, DADE COUNTY, FLORIDA LEGAL NOTICE All interested persons will take notice that on the 22nd day of April, 1986, the City Commission of Miami, Florida, adopted the following titled ordinance(s): ORDINANCE NO,'10099 -` 1 "'" AN ORDINANCE AMENDING THE ZONING ATLAS OF OR01- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CORRECTING A SCRIVENER'S ERROR AFFECTING PROPERTY LOCATED AT APPROXI- MATELY 2601 SOUTHWEST 28TH STREET, MIAMI, FLORI. DA, (MORE PARTICULARLY DESCRIBED HEREIN), BY INCLUD- ING THE APPLICATION OF THE SPI.3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT OMITTED IN ORDI- NANCE NO. 10074, JANUARY 23, 1986; AND CONFIRMING ITS REZONING FROM RS-2/2 ONE FAMILY DETACHED RES- IDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMU. NITY) AND APPLYING THE SPI.3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT ORDAINED BY ORDINANCE NO. 10074, JANUARY 23, 1986; MAKING FINDINGS AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.43 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10100 AN ORDINANCE PROVIDING FOR THE REGULATION, LOCA- TION, AND OPERATION OF NONMOTORIZED VEHICLES FOR HIRE ON THE STREETS AND SIDEWALKS OF THE CITY OF MIAMI; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10101 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI- FICATION OF APPROXIMATELY 577 NORTHEAST 68TH STREET AND APPROXIMATELY 578 NORTHEAST 69TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RO.3/6 RESIDENTIAL OFFICE TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY) WITH SPI.9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT; MAK- ING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 10102 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI- 8 6 ! FICATION OF APPROXIMATELY 320D-3202 SOUTHWEST 1ST AVENUE, 168 SOUTHWEST 32ND ROAD AND 200 SOUTH- WEST 32ND ROAD, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO RG-3/7 GENERAL RESIDENTIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 44 OF SAID ZONING ATLAS MADE A PART OF ORDI- NANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (M3858) MATTY HIRAI CITY CLERK nnv4vCITY OF MIAMI, FLORIDA 512 86-0502105M MR 1" • MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADS Before the undersigned authority personally appeared OctNnta V. Farbeyre, who on oath says that she Is the Supervisor of Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays► newspaper, published at Miami In Dade County, Florida; that the attached copy of advarUsametiL being a Legal Advertisement of Notice In the matter of CITY OF MIAMI NOTICE OF PROPOSED ORDINANCE APRIL 22, 1986 In the ...........X X X ......................... Court, was published in said newspaper in the Issues of APPIL 22, 1986 Affiant further says that the said Miami Review and Daily Record Is a newspaper published at Miami in said Oade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and afflant further says that she has neither pad nor promised any person, fl or tion arty discount, robots commission or refund u se of securing this M for publleatlo said waps �O ' •Sworn to and %ubscrS�W before me this 2.2 ddj ff.:/ �....A.P.R.i. ....... A D. 19..�j Ej . nli • Nott i ,bile, SItlt�f Fiorldo at Large i l�j, • , r,1 �Q `4 MyACoommlaslon qs➢&o 0@EA'% rr1111111 N'.0 CITY OF MIAMI, DADE COUNTY, FLORIDA NOTICE OF PROPOSED ORDINANCE Notice is hereby given that the City Commission of the City of Miami, Florida, on April 22,1986, commencing at 2:00 P.M. in the City Commission Chamber, City Hall, 3500 Pan American Dr., Miami, Florida, will consider the following Ordinance(s) on final reading and the adoption thereof: ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE REGULATION, LOCATION, AND OPERATION OF NONMOTORIZED VEHICLES FOR HIRE ON THE STREETS AND SIDEWALKS OF THE CITY OF A PENALTY FOR CONTAINING AIREPEALERNPROVISION AND A SEVI RABILO.ITY CLAUSE. Said proposed ordinance(s) may be inspected by the public at the office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, during the hours of 8:00 A.M. to 5:00 P.M. All interested parties may appear at the meeting and be heard with respect to the proposed ordinance(s). Should any person desire to appeal any o the City matter to be c Commission with respect to any . this meeting, that person shall ensure that a verbatim record of the proceedings i made Including based. all testimony and evidence upon which any appeal MATTY HIRAI CITY CLERK nnv- CITY OF MIAMI, FLORIDA (113849) 86-041104M 4111 MA 144.