HomeMy WebLinkAboutM-81-0630t
loll hut+ ` �t'
0 v
METROPOLITAN DADE COUNTY a FLORIDA
Office of Transportation Administration 44 West Flagler Street
Planning and Community Services Division 15th Floor
Taxi Regulatory Branch Miami, Florida 33130
Jude 5> 1981
TO: ALL TAXICAB CERTIFICATE HOLDERS, MUNICIPAL OFFICIAL8t PASSENOER MOTOR
CARRIER OPERATORS, AND INTERESTED PARTIES
SUBJECT: COUNTYWIDE REGULATION OF TAXICABS IN DADE COMM
The purpose of this letter is to inform you that on June 2, 1981t the Dade
County Board of County Commissioners adopted on first reading a uniform
countywide taxicab regulatory ordinance (copy enclosed) and scheduled a
public hearing for July 212 1981.
On the reverse side of this letter is the schedule of public involvement
workshops and activities which will take place prior to the public hearing.
You are invited to attend the first public workshop on June 15, 1981, at
2:00 p.m., at the Dade County Courthouse, 2nd Floor, 73 West Flagler Street,
Miami, Florida. County staff will review the ordinance provisions and explain
the ordinance approval process. Your comments for ordinance revisions are
encouraged and welcomed.
If you require any further information regarding the content of this letter,
please contact Dayne Clemmer, Taxi Regulatory Branch, at 579-2593.
9
1/EY 0R A h E J`1
.. I *_ - A �4 .
to Honorable Mayor and �1eL;,ber5 bAfiE June 2, 1091
Board of County Commissionerd
bub A ct Ordinance Relatin6 To the
Countywide Regulation of
i he i For -Hire Passenger Motor
n ;'v Vehicles
RECG�OVIENDATICN :
It is recommended that the Board adopt on first reading a uhifortn5 countywide
for -hire vehicle regulatory ordinance, Spohsored by Cot=issioher Barry D. Cchrni;, r,
and schedule a public hearing for duly 21, 1981
BACKOPOUND:
County Ordinance 79=25, adopted March 20, 1979, to become effective October 1, 197;,
Provided for uniform, countywide regulation of for -hire vehicles in Made Count':. A
lawsuit was filed in the Circuit Court by the Cities of Miami and iiia-mi Beach, jci
by several holders of City issued taxi permits) challenging the ordinance. The C"
C.
cuit Court declared the ordinance invalid. On appeal, the Florida Supreme Co::ry
affirmed the decision of the Circuit Court for. other reasons. The lawsuit conclude '
on April 14, 1981) with the denial by the Supreme Court of the Dade County"i.;otic:,
for Rehearing.
P&10 VOTS:
The County Attorney has advised the Board and the Office of Transportation Admini-
stration (OT) staff that notwithstanding the decision of the Supreme Court, the
Board presently has the authority to regulate for -hire vehicles on a county:ide
basis. The proposed ordinance has been updated by staff without substantive
changes and approved by the County Attorney as to for: and legal sufficiency.
We believe the need that existed in 1979 for regulatory reform and improvements
of taxicab service, which was addressed in County Ordinance 79-25, still exists
"today. The adoption of this ordinance is therefore recommended.
We recorz%end that during the seven week period between first reading and the
public hearing, the Board of County Commissioners Taxi/Van.Sub-Committee and
County staff should hold public workshops with taxicab industry representatives,
municipal officials, and the general public to clarify and attempt to resolve
issues regarding the countywide regulation of for -hire vehicles. We have
identified five major issues (listed below), and are certain that the public
workshop process will develop other issues as well.
1. Necessary County regulatory and service procedures and fees to control
the opening of the Miami International.Airport to all licensed taxicabs.
2. Necessary County regulatory and servica procedures and fees to control
the opening of the Port of Miami to all licensed taxicabs.
3. The relationship and coordination of County regulatory policies
dontrolling the taxicab and passenger motor carrier (van) industries,:
4. The appropriate role(s) and inter-relationzhips of the Office of
Transportation Ad.Tinistration and the Metro -Dade Police Department
in the enforcement of taxicab regulations.
5 Legal and regulatory policy on the purchase by taxicab operators of
exclusive service rights at activity centers (buying of doors) ,
At the corc,lusion of the public workshop process and at least ten days prior to
the public hearing, staff will prepare a cor:prehensive report, including recom-
mer,dationS and an analysis of all .issues raised, for consideration and action
by the Board, This report will also be widely distributed to all workshop
Participants and interested parties.. 7
Rory. t�yor and Membatb o rift dune 2 + 1081
Baard of County Commissioners
GONE" ordinance providing for ooujhty'
taiga regulation of for -hire
passenger motor vehicles
Robert A. Ginsburg
County Attorney
�At nda here No. 4 1)
4•231
ORDINANCE REPEALING ORDINANCE NOS. 75-85,
75-111, 77-42, 78-61, 78-86, 79-60, 79-77,
79-116, 80-17, 80-74, 80-85, AND 80-96; AND
ENACTING NEW PROVISIONS WHICH PROVIDE FOR M -
LICENSING AND REGULATION OF FOR -HIRE
PASSENGER MOTOR VEHICLES OPERATING WITHIN
BADE COUNTY; PROVIDING LEGISLATIVE FINDINGS
AND INTENT; PROVIDING DEFINITIONS; REQUIRING
FOR -HIRE LICENSES FOR EACH VEHICLE AND
SPECIFYING THE REQUIREMENTS AND PROCEDURES
FOR ISSUANCE, USE, RENEWAL, REVOCATION AND
SUSPENSION THEREOF; AMENDING SECTIONS 25-4
AND 28A-4.5 TO PROVIDE THAT COUNTY LICENSED
TAXICABS MAY PICK UP AT MIAMI INTERNATIONAL
AIRPORT AND AT THE PORT OF MIAMI; REQUIRING
CHAUFFEUR'S REGISTRATION AND PROVIDING
STANDARDS FOR THE ISSUANCE, USE, RENEWAL,
REVOCATION AND SUSPENSION THEREOF;
PRESCRIBING THE DUTIES AND RESPONSIBILITIES
OF THE OFFICE OF TRANSPORTATION
ADMINISTRATION; REQUIRING A DISTINCTIVE
VEHICLE COLORING SCHENr FOR EACH OPERATOR;
PROVIDING PROCEDURES rOR USE OF TAXICAB
STANDS, HANDLING LOST PROPERTY, PREPARATION
AND MAINTENANCE OF TRIP SHEETS, REQUIRING A
CENTRAL PLACE OF BUSINESS FOR EACH OPERATOR,
MAINTENANCE OF RECORDS OF OPERATIONS, SAFE
OPERATION OF VEHICLES, DISPLAY OF OFF -DUTY
SIGN BY VEHICLES NOT WAITING EMPLOYMENT OR
TRANSPORTING PAYING PASSENGERS; REQUIRING
TAXIMETERS FOR ALL TAXICABS AND SPECIFYING
REQUIREMENTS AND PROCEDURES FOR THE USE
THEREOF; REQUIRING COLLECTION OF FARES AS
SHOWN BY THE TAXIMETER; PROVIDING FOR UNIFORM
COUNTYWIDE RATE REGULATION; PROHIBITING
MUNICIPAL RATE REGULATION; PROVIDING FOR
AUTHORIZATION OF SPECIAL SERVICE RATES;
PROVIDING FOR LIABILITY INSURANCE
REQUIREMENTS TO OPERATE VEHICLES PURSUANT TO
THIS ORDINANCE; PROVIDING STANDARDS FOR
VEHICLES; PROVIDING PENALTIES; PROVIDING
GRANDFATHER PROVISION; PROVIDING FOR
COUNTY -WIDE APPLICATION, PREEMPTING AND
SUPERSEDING MUNICIPAL REGULATIONS OF FOR -HIRE
PASSENGER MOTOR VEHICLES; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE
WHEREAS, on March 9, 1976, the Dade County electorate
approved an amendment to Article 1, Section 1.01(A)(3) of the
Home Rule Charter to permit Dade County to regulate taxis and
other for -hire passenger motor vehicles throughout the County
instead of only in the unincorporated areas; and
- G 3 i)
Plorida, effective July 1, igao; and
WHEREAS, the existing system of dual county-muniC-pal
regulation has severely limited the ability of the for -hire
passenger motor vehicle industry to properly serve the public
heeds,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA:
Section 1. This Board finds as follows:
A. That continued municipal regulation of the
for -hire passenger motor vehicle industry is not in the public
interest due to the following:
(1) operators who are not now authorized to pick
up passengers within the various municipalities must "dead -head",
i.e. return to their trip origins without passengers. Such
"dead -heading" decreases the number of revenue producing miles of
operation, increases fuel consumption, provides poorer service to
the riding public, and artificially limits competition;
(2) Operators who are subject to both County and
municipal regulations must obtain duplicative licenses,
registrations, and inspection certificates;
(3) The duplicative regulations and
"dead -heading" increase the operators' costs of doing business,
thereby c.asating undue pressure for rate increases, which, if
granted, will add to the steadily increasing cost -of -living. As
many taxicab riders are either low income or physically disabled
transit dependent persons, such increased operating costs and
rate increases are particularly inimical to the public interest.
Further, the riding public should not be required to bear the
costs of such artificial and unnecessary restrictions upon
Agenda item No. 4 (1.5
Page No. 3
9. That regulation of the for -hire passenger motor
vehele industry is susceptible to and can most effectively be
Carried on under a uniform plan of regulation applicable to the
County as a whole. Artificial restrictions upon the for -hire
passenger motor vehicle industry based solely upon municipal
boundaries do not preserve any vital municipal function -and are
not in the best interests of the citizens of and visitors to Dade
County.
C. That many tourists are dependent upon the
for -hire passenger motor vehicle industry for transportation
services within Dade County. An economical and efficient
regulatory system for the for -hire passenger motor vehicle
industry will help the vital tourist industry by making Dade
County a better place to visit.
D. That both County and municipal Certificates of
Public Convenience and Necessity or other authorizations to
operate are strictly licenses to operate a business, not
franchises.
Section 2. Ordinance Nos. 75-35, 75-111, 77-42, 78-61,
78-86, 79-60, 79-770 79-116, 80-17, 80-74, 80-85, and 80-96 are
repealed in their entirety. All other county ordinances in
effect on the effective date of this ordinance which regulate
for -hire passenger motor vehicles shall remain in full force and
effect.
Section 3. Chapter 31 of the Code of Metropolitan Dade
County is hereby amended by adding the following:
I. Definitions.
For the purposes of this Article, the
following definitions shall apply:
A. "Chauffeur" means a duly licensed
driver registered with and authorized by the
Office of Transportation Administration to
operate a for -hire passenger motor vehicle.
B. "Commission" means the Board of
County Commissioners of Dade County, Florida.
C. "Person" means any natural
gerson(s), firm, partnership, association,
corporation, or other business entity.
1 - 6 3 (i
Aclehda Item No,
Pale No. 7
(7) The benefits that will accrue
tb the Public interest froth the Proposed
service.
Except as provided in Section XIII
the Commission shall at no time authorize
More than one for -hire motor vehicle per each
one thousand (1,000) inhabitants of bade
County, according to the latest United States
eentUs of succeeding annual update as
Certified by the appropriate agency of the
State.
Each resolution approving an
application shall specify the exact number of
fot-hire licenses authorized thereby. The
OTA shall issue the for -hire licenses,
provided that the applicant has complied with
the requirements of this ordinance.
F. No for -hire license shall be issued
unless the applicant has (1) paid an initial
annual license fee of two hundred dollars
($200.00) for the right to operate a for -hire
motor vehicle; and (2) presented proof of
insurance as required by Section VIII of this
ordinance; and (3) passed all required
vehicle and meter inspections. Failure on
the part of the applicant to complete this
process within ninety (90) days after
notification of approval shall cause the
for -hire license not to be issued and the
County's approval to be automatically
revoked.
G. Each for -hire license shall be on a
form developed by the OTA and shall be signed
by the Director. Each for -hire license shall
contain, at a minimum, the name and address
of the applicant, a statement of the class of
transportation service authorized,
description of the vehicle to which it
applies and such additional tetras,
conditions, provisions and limitations as
were authorized in th-, approval process.
H. All for -hire licenses shall be
renewed on or before October Ict of each year
by payment of an annual license fee in the
amount of one hundred dollars ($100.00). All
fees provided for in this section shall be in
addition to any other license fees or charges
and shall not be prorated for fractional
parts of a year. All for -hire lace"es which
are not renewed shall automatically expire
and all for -hire transportation services
rendered thereunder shall ihimiediati-41Y cease
as of October 1st.
I On or before Septeruher 30th of each
year, each operator shall certify on a form
provided by the OTA the number of Months
during the preceding year that lie operated
and provided the service authorized by his
for -hire license.. Failure to certify or to
9perate for at least five (5) months during
the year period shall result in automatic
expiration of the for -hire license.
F41W
Agenda iteln No, al
Page 146, a
J, Ito for -hire license shall be
Ataignedo sold (either outright or under a
conditional sales contract) or transferred
without prior County approval.
(1) The Director is authorized to
approve assignments, sales, or transfers
from one operator to another when
requested by submission of an
Application and payment of fee as
specified in subsection C and after an
investigation and determination, based
on the criteria set forth in this
section.
Appeals of the Director's
decision shall be made 'to the
Commission.
(2) The Director shall issue a
replacement for -hire license to any
operator upon application, payment of a
twenty-five dollar ($25.00) fee, and
presentation of proof that the for -hire
license has been lost or stolen, or that
a for -hire license is requested for a
replacement for -hire motor vehicle.
(3) All other proposed
assignments, sales or transfers must be
approved by the Commission as specified
in subsection E above and must be
supported by an application and fee as
specified in subsection C above and an
investigation and report as specified in
subsection D above.
K. It shall be unlawful to operate any
vehicle as a for -hire motor vehicle without
first having obtained a for -hire license
specifically relating to said vehicle. The
for -hire license decal shall, at all times,
be displayed within the vehicle and shall be
available for inspection by any police
officer or authorized agent of the OTA.
III. Chauffeur's Registration.
A. It shall be unlawful for any person
to drive or operate any for -hire mot-)r
vehicle over any street in Dade County
without first having obtained a chauffeur's
registration from the OTA pursuant to this
section.
H. Chauffeur's registration
applications shall be on forms provided by
the OTA and shall be accompanied by a
non-refundable payment of ten dollars
($10.00) for a one (1) year registration or
fifteen dollars ($15.00) for a two (2) year
registration. The application shall contain
all information required by the OTA to
properly identify the applicant and show
physical qualifications, driving record, past
employment and conduct deemed relevant to
applicant's qualifications to be a chauffeur,
Agenda Item No . 4 (1)
page No. 9
C. The 6TA and the Made County Public
Safety Department !shall investigate eaoh
application and re t all findings. The
fingerprints of p;t•.h applicant shall be
Obtained by the u'TA. The OTA shall examine
each applicant to determine his knowledge of
Applicable traffic regulations and
Chauffeur's responsibilities as contained in
this ordinance.
D. The OTA shall issue a chauffeur's
registration when it is shown that the
applicant:
(1) Holds a current valid State of
Florida chauffeur's license; and
(2) Is able to speak, read, and
write the English language sufficiently
to perform the duties of a chauffeur;
and
(3) Completes a physical
examination within thirty (30) days from
the date of approval of the application
by a licensed physician showing the
applicant to be of sound physical
health; and
(4) Presents a letter from an
operator certifying authority to drive a
for -hire vehicle; and
(5) Has satisfactorily passed all
required examinations.
E. No person shall be issued a
chauffeur's registration who is addicted to
the use of narcotics or intoxicating liquors,
who has pled nolo contendere, pled guilty, or
been convicted of a felony or of any criminal
offense involving moral turpitude or of a
crime involving the use of deadly weapons or
trafficking in narcotics unless said person's
civil rights have been restored. The
Director of the OTA is authorized to issue a
temporary chauffeur's registration valid for
six (6) months only to any person whose
application for restoration of civil rights
is pending under chapter 940, Florida
Statutes, or whose application for a
temporary chauffeur'e registration has the
written recommendation of his or her
probation or parole officer if the applicant
has been released from detention and placed
on probation or parole and, in either
instance, can produce evidence sufficient to
satisfy the Director that he or she is and
has been leading an exemplary life for some
reasonable period and is seeking the
temporary chauffeur's registration for the
purpose of earning an honest livelihood.
Such applicant for a temporary registration
shall meet all other requirements set out in
this section.
F. Each chauffeur's registration shall
expire on the last day of the chauffeur's
birth month during the appropriate calendar
81-(-;3
Agenda t tefh No. 4 (l )
Page No. 11
(a) Chauffeurs shall not Carty any
r reerms, switchblade knives, or other
deadly weapons on their bodiea or in
their vehicles.
(9) Chauffeurs at all tunes shall
Maintain a neat appearance.
(10) Chauffeurs shall keep accurate
trip sheets showing at least the
following information: name of
chauffeur, vehicle number, date, origin
and destination of each trip, number of
passengers, and fare for each trip. The
total miles, trips and units accumulated
during a chauffeur's operating period
shall be recorded. All information must
be recorded legibly.
(11) Chauffeurs shall immediately
report to the police all accidents in
which they are involved, as- required by
law.
(12) No chauffeur shall collect
fares or compensa-tion for transportation
services other than the established
rates or charges.for the type of service
being provided, nor may any driver
collect any additional paynent for
transporting any baggage which
accompanies the passenger; provided,
however, that this provision shall not
apply to gratuities, nor shall the words
"fares" or "compensation" be construed
to include gratuities. Upon request the
passenger will be given a receipt for
the fare collected.
(13) Chauffeurs shall -not operate
any for -hire vehicle with any lighting
devices that are not functioning
properly. Likewise, no vehicl* shall be
driven unless the chauffeur shall have
satisfied himself that the brakes,
steering mechanism, tires, horn,
windshield wipers, and side andt rearview
mirrors are in good working ordaer.
(14) No chauffeur shall allow or
permit the use of any vehicle in
violation of any law.
(15) A chauffeur shall not use
abusive language, nor be discourteous to
passengers, nor solicit gratuities.
(16) Chauffeurs of tzxicabt parked
in a designated taxi ctand.vihall remain
adjacent and in attendance to their
vehicles at all times. All dor5ra on the
vehicles are to be closed cexc*pt when
loading or unloading passengers.
(17) No chauffeur shall operate a
;rotor vehicle while his or her ability
or alertness is so impaired, or so
likely to become impaired, thraugh
fatigue, illness, or any ocher cause, as
8x �630
0
Agenda item M.
Page No, 12
to tame it unsafe for his or her to
begin or continue to operate the motor
vehicle. However, in a Case of grave
emergency where the hazard to occupantv,
of the vehicle or other users of the
highway could be increased by compliance
with this section, the driver may
Continue to operate the motor vehicle to
the nearest place at which that hazard
is removed.
(18) All chauffeurs shall notify the OTA within one (1) week of each
change of employment. All chauffeurs
shall notify the OTA of each change of
address within one (1) week.
(19) chauffeurs shall select routes
to trip destinations that are most
economical to the passenger unless
otherwise directed by or agreed to by
the passenger.
(20) No chauffeur shall attempt to
solicit or attempt to divert the
patronage of any passenger, prospective
passenger, or other person on behalf of
any hotel, motel, apartment, restaurant,
night club, bar or any other business
establishment, or accept or receive from
any business establishment any payment
for such solicitation or diversion of
passengers from or to any place of
business.
` (21) Each chauffeur shall, within
thirty (30) days after issuance of the
chauffeur's registration and biannually
thereafter attend a training and
orientation session conducted by the OTA
or by an operator authorized to do so by
the OTA, which will include instruction
on such subjects as defensive driving,
safety and convenience of passengers,
courtesy and rules and regulations.
I. Any chauffeur's registration shall
be automatically revoked, pending a hearing
thereon in accordance with Section X1 of this
ordinance, should the chauffeur become addicted to
the use of narcotics or intoxicating liquors,
plead polo contendere, plead guilty, or be
convicted of a felony or of any criminal
offense involving moral turpitude or of a
crime involving the use of deadly weapons or
trafficking in narcotics or should the State
of Florida revoke or suspend the chauffeur's
license.
IV. Office of Transportation Administration.
A. In addition to the duties and
responsibilities specified in this ordinance,
the OTA shall be charged with the following
duties and responsibilities:
(1) Process, investigate and
prepare all reports required by this
Agenda Item ho, A (1),
Pale No. is
`0, Eaeh operator shall maintain
80furatt fedotds of all revenuer., all
ansodiated expensefi, capital expenditures,
and other financial and operating information
as May be required by the OTA. The OTA shall
be granted access to these records for the
purpose of inspection and copying same
Upon five (5) days prior notice. All such
records and information shall be confidential
except that they will become public records
for the purpose of rate hearings, revocation .i
or suspension hearings, or, if required by
the Board of County Commissioners, for the
purpose of approving or disapproving
applications for new for -hire licenses or
transfers of for -hire licenses. Each
operator shall annually furnish financial and
operating information to the OTA on forms and
in the manner prescribed by the OTA.
H. No operator shall: (1) knowingly
allow or permit any person to operate a
for -hire mo`.or vehicle while his or her
ability or alertness is so impaired or so
likely to become impaired, through fatigue,
illness, or any other cause, as to make it
unsafe for him or her to begin or continue to
operate the motor vehicle; or (2) permit or
authorize any chauffeur or other person to
operate any for -hire abotor vehicle without
that vehicle's current valid for -hire license
displayed therein; or (3) operato or permit
or authorize anyone else to operate any
for -hire motor vehicle the condition of which
is so unsafe and deteriorated as to render it
unfit for public use; or (4) permit or
authorize any person to operate a for -hire
motor vehicle unless and until that person is
issued a current valid chauffeur's
registration in accordance with Section III
of this ordinance.
I. Any for -hire motor vehicle not
waiting employment or actually transporting
paying passengers shall prominently display
an out of service or off duty sign.
VI. Taximeters.
A. Each taxicab shall b-a equipped with
a taximeter meeting all specifications,
tolerances and other technical requirements
for taximeters specified in Handbook H.44,
National Bureau of Standards. It shall be a
violation of this article for any operator or
chauffeur to operate a taxicab unless and
until its taximeter has been irw ptcted and
certified as operable and accurate by OTA and
has affixed thereto a current valid taximeter
certification label, sticker or decal. "
B. Each taxicab shall have ita
taximeter inspected before being placed in
service and at lease once every twelve (12)
months thereafter.. The OTA may require
additional testing and inspection at any
time. All taximeters passing inspection
shall be sealed and a sticker placed thereon,
The results of each taximeter test or
081 —6 30
Agenda l tem no. � t
Page too. 16
inspection shall be recorded on forms
provided by the OTA. A copy of the tepott
will be provided to the operator. Taximeters
with expired stickers or hissing or broken
seals shall be considered as failing
inspection. The for -hire license of any
taxicab whose taximeter fails inspection
shall be automatically suspended without
hearing until the taximeter has been repaired
or replaced, and passed inspection.
C. The face of every taximeter shall
at all times be visible from the taxicab's
passenger compartment and shall be
illuminated so passengers may ascertain the
amount of fare registered by.said taximeter.
D. No taxicab shall be operated unless
the case of the taximeter installed therein
has been sealed.
E. The signal affixed to any taximeter
shall under no circumstances indicate that
the taxicab is vacant when in fact such
taxicab is engaged by a passenger.
F. The amount of fare collected from
any passenger shall be that amount shown by
the taximeter, unless the passenger is being
transported at one of the approved special
service rates.
G. It shall be a violation of this
ordinance for any person to tamper with,
mutilate or break any taximeter or the seal
thereon. Taximeters may be transferred from
one taxicab to another, provided however,
that a taxicab with a transferred taximeter
shall not be used to transport passengers
unless and until said taximeter has been
inspected, tested and sealed by the OTA.
VII. Rate Regulation.
A. The provisions of this section
shall be the exclusive method for the
establishment. of for -hire motor vehicle rates
throughout Dade County. Notwithstanding the
provisions of any municipal ordinance,
resolution or agreement to the contrary, from
and after the effective date of this article,
no municipality shall authorize, establish,
change, alter, amend, or otherwise regulate
rates charged by the ;ndustry. All municipal
ordinances or resolutions to the contrary are
hereby superseded.
B. It shall be unlawful for any
operator or chauffeur to charge, demand,
request or accept any fare other than the
rates established pursuant to this ordinance.
Rates established by this ordinance shall be
uniform throughout Dade County, both in the
incorporated and unincorporated areas,
without regard to any municipal boundaries.
C. Except as otherwise provided
herein, the Board of County Commissioners of
Dade County, Florida, shall establish uniforM
17
Agenda Item No 4 (l)
Page No. 11
rateg for all taxicabs, limousines, and
fbr*hire vehicles operating in (lade County,
From and after the effective date of this
ordinance, rates shall be established,
altered, amended, revised, increased or
decreased in accordance with the following
procedures:
(1) The OTA, upon request of the
Commission or the County Manager, shall
investigate and prepare a report
concerning the existing rates. Said '
investigation shall consider the
financial and operating reports
submitted by each operator to determine
operating ratios, revenues, expenses and
the potential impact of the proposed
rate changes. For rate making purposes,
the OTA will not consider any costs
incurred in the acquisition of a license
and political contributions. Costs
which will be considered in rate studies
will include vehicle operating,
maintenance and repair expenses,
salaries of drivers, dispatchers and
supervisors, insurance costs, taxes and
license fees, and administrative and
general expenses as prescribed on OTA
financial and operating report forms.
(2) The OTA's report shall be
forwarded to the County Manager who
shall prepare a recommendation to the
Board of County Commissioners.
(3) The Board of County
Commissioners shall, within sixty (60)
days after the receipt of the County
Manager's recommendation, schedule a
public hearing concerning the proposed
rate change, at which hearing all
interested parties shall have an
opportunity to be heard. The Board of
County Commissioners shall consider the
OTA's report, the County Manager's
recommendation, and all evidence
produced at the hearing and, by
resolution, shall determine and set the
appropriate rates as may be in the
public interest. Appeals of the Board
of County Commissioners' decision shall
be in accordance with Section XI of this
- ordinance.
(4) As part of the Y n-_ [caking
procedure, the Board of county
Commissioners may authorize special
service rates such as shared rides,
group rides, contract services,
prearranged service, services to an _
identified segment of the population, -
flat rates for all licensed vehicles
from one point or area to another, or
package delivery.
(5) Operators who desire to
provide service at a rate other than
that established under the preceding
proviaions of this section may request
81 -6 "10
Agenda item No, -4 t 1)
Page No. i9
B. The insurance required in this
section shall be Mitten by an insurance
company authorized to do buaineaa in the
State of Florida.
C. Each automobile liability insurance
policy shall be endorsed to provide for
thirty (30) days' notice by registered mail
to the OTA of any material change,
cancellation, or expiration. No policy will
be accepted for a shorter period than six (6)'-
months.
D. Unless an operator furnishes the
OTA with satisfactory evidence of the
required insurance coverage prior to the
expiration of the thirty (30) days' notice
specified in subsection C of this section, or
upon a third notice of cancellation within
twelve (12) months, the for -hire license
shall be suspended forthwith byy the Director
and surrendered to the OTA pending a hearing
to determine whether said for -hire license
should be revoked. Thi.e automatic suspension
-
requirement will not pertain to a forahire
motor vehicle when its insurer withdraws from
Florida and cancels itt policies, or when the
policy is cancelled through no fault of the
_-
operator.
E. Operators may comply with these
insurance requirements if found to be a
F�
qualified self -insurer by the Statt of
Florida. An operator's failure to tnaihtain
the requirements of a qualified self -insurer
o
shall be grounds for the OTA to take the
actions described in subsection D abtve.
IX. Vehicle Standards.
A. The following vehicle standards
apply to all for -hire motor vehicles operated
under the provisions of this ordinance. It
is the operator's responsibility to insure
that each vehicle meets the following
standards:
(1) Comply with the safety and
mechanical standards of the current
edition of Florida's Vehicle Inspection
Manual, Florida Highway Patrol.
(2) Display a current, valid State
of Florida Vehicle Inspection Sticker.
(3) Have a rear-view mirror and a
side -view mirror mounted on the driver's
side of the vehicle.
(4) Have a functioning speedometer "
indicating speed in miles per hour and a
,functioning odometer indicating distance
in miles.
(5) Have a functioning mechanism
which insures that the trunk, or rear
access door in the case of
stationwagons, remains closed during
travel.
Agenda t tern Md r
Page Rd, 21
(4 )The rate
aaiffsi2�ri
registfatibhe and p 9 i
dust be displayed within the passenger
dompartrr►ent in accordance with
instructions issued by the OTA,
C, Limousines shall meet the following
additional standards:
(1)
The vehicle number must be
displayed in accordance with
instructions issued by the OTA.
(2) The chauffeur's registration
must be displayed within the passenger
compartment in accordance with
instructions issued by the OTA.
(3) All limousines put in service
after the effective date of this
ordinance must have a functioning
air-conditioning system.
D. The OTA shall annually, in
conjunction with the taximeter inspection,
inspect each vehicle for compliance with the
foregoing standards. In addition to regular
inspections, the OTA may also inspect any
The
for -hire motor vehicle
ectionany
shallmbe recorded
ins at
results of each P
and a copy provided the operator.
Any vehicle failing to meet
required safety standards shall not be
operated as a for -hire
motor
satisfactorilyuntil
such time as the vehicle
passes inspection.
X. Enforcement.
rced
A. This ordinance shalt be
efpolice y
authorized personnel of the OTA,
forces of the various municipalities in Dade
county and by the Dade County Public Safety
Department. The OTA shall prepare and
distribute to all authorized enforcement
personnel an enforcement manual outlining
proceduresprocedures for the detection, rep
issuance of citations or deficiency reports
for violations of this article.
B. The OTA shall develop &�deficien y
or warning system through which oelators1
are
given written notice of mirror violations and
a specified period of time to corz:ect same.
For more serious or repeated violations, the
OTA shall develop a citation foz
Authorized personnel will issue citations as
of violations.
(i)
S
M. 81-6.110
0
s
1 ) the chauffeur has failed to
COMPly with or has willfully
Violated any of the provisions
df this ordinance; or
the registration was obtained
by an application in which any
material fact was omitted or
falsely stated; or
(C) the public interest will best
be served by revocation or
suspension, provided however,
that good cause be shown.
D. All hearings required by this
section shall be preceded by a minimum of ten
lO) days' written notice. said notice shall
-_
Specify the Director's proposed action and
the grounds upon which the action is
predicated. The operator or chauffeur (as
the case may be) may be represented by legal
counsel and shall be entitled to present his
u
defense to the proposed action. Failure to
appear at a duly noticed hearing shall be
deemed a waiver of the right to hearing and
an admission of the acts specified in the
notice. All such hearings shall be conducted
before a hearing examiner who shall not have
responsibility for the enforcement of this
ordinance and who shall be designated by the
Director, and insofar as is practicable in
accordance with the rules of civil procedure
governing the procedure in Circuit Court,
except as may be provided in the County Code
or by rules adopted by the Board of County
Commissioners. All such hearings shall be
reported and, at the request of any party,
transcribed.
Within a reasonable time a#ter the
conclusion of the hearing, the hearing
examiner shall submit to the Director a
statement of findings, conclusions and
recommendations. The Director shall promptly
notify all parties of his or her decision.
C. The hearing examiner shall have the
power to administer oaths, subpoena witnesses
upon the written request of any interested
party, and may compel the production of
records, books or papers. Should the hearing
examiner, without good cause, refuse to
subpoena witnesses or compel the production
of books, records or papers, then any
interested party may, without cost to the
petitioner, petition the County Court to
order the appearance of any witner>s or
witnesses or order the production of any
books, records or papers necessary to a fair
and proper hearing. Failure of any witness
ordered to appear or failure of any person
ordered to produce books, records or papers
may constitute a contempt of court and may be
Punishable as may any other contempt of
court.
i
E.
party t�LleSti�S to honor a
# ` any withese fa
subpoena, 'the art. requesting the same may
apply to the County Court for a rule to show
oause why the witness should not appear and
if after being ordered to appear by the
court, the witness fails to comply therewith,
the court after due notice and hearing may
adjudge the witness in contempt of court and
punish him or her accordingly. The
subpoenaing party shall bear the cost of such
subpoena. .
D. The Director's decision may be
appealed to the County Manager within ten
(10) days of the date of said decision. Such
appeal shall not stay the Director's
decision. Upon such an appeal, the County
Manager shall consider the transcript of the
hearing and all evidence produced at the
hearing. No further testimony or exhibits '
shall be permitted. The County Manager
shall, within twenty (20) days, on the basis
of the record established before the
Director, either affirm, reverse, or modify
the Director's decision.
E. Suspensions pursuant to this
section shall not exceed six (6) months.
Three (3) or more suspensions within any
twelve (12) month period may constitute
grounds for revocation of the fore -hire
license or registration so suspended.
F. Appeals from the County Manager's
decisions
pursuant to this section and
appeals from any Board of County
Commissioners' decision concerning for -hire
licenses or rates shall be to the Circuit
Court of the Eleventh Judicial Circuit in and
for Dade County, in accordance with the
Florida Appellate Rules.
XII. Penalties.
A. In addition to any other penalties
provided by law, a twenty-five dollar
($25.00) fine may be imposed for each and
every violation of the provisions of this
ordinance, provided that violations which
result in fines pursuant to this section
shall not: be the t>a:>is for revocation or
suspension p:ocecCings except that five (5)
or more violations resulting in fines within
any twelve (12) mor"th period shall constitute
grounds foi- z-evocation or suspension
proceedings,
B. Failure to correct items recorded
on a deficiency report by the time of
deadline shall cause a citation to be issued
for each such item.
C. Each person issued a citation shall
within ten (10) days either satisfy the
citation by payment to the OTA of the fine
stated in Subsection A hereof or by filing a
written request for a hearing on the charges.
Agenda f to
Page #o. 2
Failure to do one of the foregoing may r
in revocation or suspension proceedings
iMrosition of the penalties provided for
Subsection F hereof.
b: The hearings specified in
Subsection C hereof shall be within the
jurisdiction of the County Court and the
Clerk of the court is hereby empowered
dispose of the case and fines assessed
through the normal procedure.
E. Anyone who engages a for -hire
vehicle with intent to defraud the chau
or operator shall be in violation of thi
ordinance and subject to the penalty pro
for in Subsection F hereof.
F. Violations of Section II or
Violation of revocation or suspension o
under Section XI shall be punishable by
of not less than one hundred dollars
($100.00) or not more than five hundred
dollars ($500.00) or imprisonment not t
exceed ten (10) days, or both..
XIII. Special Provisions.
A. The provisions of this ordina
shall be the exclusive regulations appli
to the provision of and operation of fo
motor vehicle transportation services i
County. Nothwithstanding the provision
municipal ordinance, resolution or agree
to the contrary, from and after the eff
date of this ordinance to municipality
authorize, establish, change, alter, aat
or otherwise regulate such for -hire tra
in Dade County. Regulations established
this ordinance shall be uniform througfi
Dade County both in the incorporated and
unincorporated areas without regard to
municipal boundaries. All municipal
ordinances or resolutions to the contra
hereby superseded and rescinded.
B. Any person operating for -hire
vehicles within Dade County on June 2,
upon the authority of a Dade County
Certificate of Public Convenience and
Necessity or a Certificate of Public
Convenience and Necessity issued by a
municipality regulating the industry in
accordance with the provisions of Ordin
No. 75-35 as mended, or authorized to
operate pursuant to Ordinance No. 79-24,
shall, upon proper proof of possession
such authority, be entitled to a for-hi
license upon the payment of the fee re
in Section IIH of this ordinance. for ea
vehicle meeting the requii-ements of this
ordinance. Holders of municipal certif
Shall only be issued a license for each
vehicle that is not also operating under
authority of a Dade County certificate c
permit. No for -hire licenses shall be i
In accordance with this section unless s
have been applied for no later than nine
(90) days after October 1, 1981, provide
for
a
124
eault
or
in
to
n
n
e
o
ffeur
s
vided
rdered
fines
0
ce
cable
Dade
s of any
ment
ctive
shall
end,
nsportation
by
ut
ry are
a
motor
1981,
nce
r
of
e
quired
ch
i
cates
$1 -6 30
' l
Agenda Rees go, 4 1
Page No, 26
that on each lieense applied for a separate
and distinct vehicle Meeting the requirements
or this ordinance is listed and a proper and
timely application and fee is submitted in
accordance with this section. A separate and
identifiable motor vehicle cannot be used to
Apply for more than one (1) for -hire license
under this section.
C. If, as a result of Subsection B of-,
this section, the total number of for -hire
licensed vehicles exceeds one (1) per one
thousand (1,000) inhabitants of Dade County
according to the latest United States census
or succeeding annual update as certified by _-
the appropriate agency of the state, no
additional for -hire licenses shall be
approved unless and until Dade County's
population increases or the number of
for -hire licenses decreases such as would
allow additional licenses to be issued
pursuant to Section II of this ordinance.
D. Any taxicab licensed pursuant to
Section iI of this ordinance and meeting all
standards set forth in Section IX of this
ordinance shall be issued permits for the
transportation of persons and their baggage
from Miami International Airport and from the
Port of Miami upon application by its
operator. Application for such permits shall
be made to, and the permit issued by, the
Director of the Aviation Department for
airport permits and the Director of the
Seaport Department for seaport permits.
Applications for such permits shall contain
reference to reasonable and
non-discriminatory terms and conditions,
approved by the County Manager, under which
such permits shall be issued, and acceptance
and use of each such permit shall constitute
an agreement by the operator making such
application that he will conform and cause
the chauffeur driving such taxicab to conform
to such terms and conditions.
E. At the fist County Commission
meeting in the month of November 1982, the
County Manager shall submit a written report
on the administration and effectiveness of
this ordinance, and the Commission shall
conduct a public hearing on same at that
time.
Section 4. Sections 25-4 and 28A-4.5 of the Code of
Metropolitan Dade County are repealed in their entirety and
re-enacted to read as follows:
Section 25-4. Ground transportation.
25-4.1 Vehicles for hire.
(a) Any
to Section II
which a permit
XIII D of this
taxicab licensed pursuant
of this ordinance and for
issued under Section
ordinance is current and,
Ag%hda i tea% No.
page No. 27
gelid shall have the right to transport
perdaft§ and their baggage from Miami
International Airport,
(b) other than as set forth in (a)
above, no person shall transport another
person or baggage by limousine, courtesy
car, bus, or other vehicle for hire from
Miami International Airport without a
valid permit issued by the Department.
(c) No person shall operate a
vehicle for hire contrary to posted
signs.
5-4.2 Rental Cars.
No person shall solicit or engage
in the rental car for -hire vehicle
business on the airport without a valid
permit issued by the Department.
28A-4.5 Taxicab for -hire car. bus,
van, linousIne courtesy
car or Mic conveyance.
(a) Any taxicab licensed pursuant
to Section II of this ordinance and for
which a permit issued under Section
XIII D of this ordinance is currant and
valid shall have the right to transport
persons and their baggage from the Port
of Miami.
(b) No person shall transport
another person or baggage by taxicab,
for -hire car, bus, van, limousi" or
courtesy car from the port Without a
valid permit issued by the Director.
(c) It shall be unlawful for the
operator of any motor vehicle to park in
the ACO or any restricted area or in any
loading zone for any longer period than
is necessary to load or discharge
persons or baggage.
Section 5. If any section, subsection, sentence, clause
or provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section 6. It is the intention of the Board of County
Commissioners, and it is hereby ordained that the provisions of
this ordinance shall become and be made a part of the Code of
Metropolitan Dade County, Florida. The sections of this
ordinance may be renumbered -or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section",'
"article", or other appropriate Word.
$I�F30
8l -Ei `I()
. 81 -6 -10
Miami# plarida, March 3, 1981
s r
The board of County Commissioners Mi6t in reyular session in
if.s meeting room on the lind floor of the Courthouse at 9:00 A,Mr,
Mauch 30 198i, there being present upon roll call, Mayor Stephen
P, Clark; Commissioners Barbara M. Carey, Clara Oesterle, William
G. Oliver, Beverly B. Phillips, James F. Redford, Jr., Barry b.
Schreiber and Ruth Shack; (Commissioner Harvey Ruvin arrived
late); Richard P. Brinker, Clerk of Circuit and County Courts;
Deputy Clerks Louis V. Bongiovi and Raymond Reed; County Attorney
Robert A. Ginsburg; Assistant County Attorneys Murray Greenberg
and Stanley Price; County Manager Merrett R. Stier.heim; and
Assistant County Manager Dewey W. Knight, Jr,
Upon a motion duly made, seconded and carried, the meeting
was recessed until 2:00 P.M.
�� .i .� iW • .� �f ii iYr L . i 3� .l W ,►i - - it s -- - fir
Miami, Florida, March 3, 1981
Pursuant to recession, the Board of County Commissioner
reconvened in its meeting room on the 2nd floor of the Courthouse
at 2:00 P.M., March 3, 1981, there being present, Mayor Stephen P.
Clark; Commissioners Barbara M. Carey, Clara Oesterle, William G.
Oliver., Beverly S. Phil -lips, James F. Redford, Jr., Harvey Ruvin,
Barry D. Schreiber and Ruth Shack; Richard P. Brinker, Clerk of
Circuit, and County Courts; Deputy Clerks Louis V. Honyiovi and
Raymond Read; County Attorney Robert A. Ginsburg; Assistant County
Attorney Murray Greenberg; County Manager Merrett R. StiPrheim;
and Assistant County Manager Dewey W. Knight, Jr.
. . . . . . . . . . . . . . . . . . . . . . . . .
The Clerk read by title the following proposed ordinance:
ORDINANCE REPEALING SPECIFIED SECTIONS OF ARTICLE II OF
CHAPTER 31 OF THE CODE OF METROPOLITAN DADE COUNTY,
FLORIDA, AND ENACTING NEW SECTIONS WHICH PROVIDE FOR
THE LICENSING AND REGULATION OF FOR -HIRE PASSENGER
MOTOR VEHICLES OPERATING WITHIN DADE COUNTY; PROVIDING
LEGISLATIVE FINDINGS AND INTENT; PROVIDING DEFINITIONS;
REQUIRING FOR -HIRE LICENSES FOR EACH VEHICLE AND
SPECIFYING THE REQUIREMENTS AND PROCEDURES FOR ISSUANCE,
USE:, RENEWAL, REVOCATION AND SUSPENSION THEREOF; AMENDING
SECTION 25-4 TO PROVIDE; THAT COUNTY LICENSED TAXICABS MAY
PICK UP AT fMIANI INTERNATIONAL AIRPORT; PROVIDING THAT
COUNTY LICENSED TAXICAB'S MAY PICK UP AT THE PORT OF MIAMI;
REQUIRING CHAUFFEUR'S REGISTRATION A14D PROVIDING STANDARDS
FOR THE ISSUANCE, USE, RENEWAL, REVOCATION AND SUSPENSION
THEREOF; PRESCRIBING THE DUTIES AND RESPONSIBILIfrIES OF
THE. OFFICE OF TRANSPORTATION ADMINISTRATION;_REQUIRING A
DISTINCTIVE VEHICLE COLORING SCHEME FOR EACH OPERATOR;
PROVIDING PROCEDURES FOR USE OF TAXICAB STANDS, HANDLING;
LOST PROPERTY, PREPARATION AND MAINTENANCE OF TRIP SHEETS;
REQUIRING A CENTRAL PLACE OF BUSINESS FOR EACH OPERATOR,
MAINTENANCE OF RECORDS OF OPERATIONS, SAFE OPERATION OF
VEHICLES, DISPLAY OF OFF -DUTY SIGN BY VEHICLES NOT WAITING
EMPLOYMENT OR TRANSPORTING PAYING; PASSENGERS; REQUIRING
TAX IMC,TERS FOR ALI, TAXICABS AND SPECIFYING Ri:QU I REMRP1T.S
AND PROCEDURES FOR THE USE THEREOF; REQUIRING COLLECTIOW
OF FARES AS SHOWN BY THE TAXIMETER; PROVIDING FOR UNIFORM
COUNTY -WIDE RAT(: REGULATION; PROHIBITING MUN I C I I'At. RATI;
REGULATION; PROVIDING FOR AUT11ORI ZATION OF Si'i:L IA1, -
SERVICE RATES; PROVIDING FOR LIABILITY INSURANCE
REQUIREMENTS TO OPERATE VEHICLES PURSUANT TO Till$
33 (Continued)
0t51NANCP:; PROMINO STA14DARDS SOH Vr,11IC1,t6S,, PiiM13ING
1 NA1bTt1*':i; 11110VI1)INt; GIRANDPA'THCIt PROVISION: PI(OVtr)ItiG
POR COUNTY-WIDU APPLICATION, PR MPTINC AND SUt'URS1;1)ING
MUNICIPAL RCGULATIONS OF POR -NIItE PASSMER MOTOR VEHICLES
PROVIDING FOR SEVERA13tLITY, INCLUSION IN TH8 CODE, AND AN.
ErVECTIVE UATE
Mayor Clark left -the Chamber because of a conflict of interest.
Commissioner Schreiber stated that this matter is still In
litigation before the Supreme Court which has ruled that the
ordinance is in conflict with State Law; however, the County
Attorney has advised that regardless of the outcome of the
litigation, this could still be adopted before the ruling or even
if there is a denial of the County motion for rehearing and it
would not be in conflict with any Supreme Court decision. He said
based on that legal opinion, he felt this ordinance' should be
furthered.
It was moved by Commissioner Schreiber that the Foregoing proposed
ordinance be adopted on first reading. This motion was seconded
by Vice -Mayor Redford (presiding).
Without objection, Ms. Michael Carter, Assistant. City Atturney,
City of Miami, appeared and stated that currently the County is
under an injunction of this ordinance and the City will ask that
it be remanded from the Supreme Court back to the Trial Court and
have the County held for contempt of court under a rule to show
caused which means there will be a further delay before the
Supreme Court; therefore, it seems folly to do something which
will mean that it will be further delayed.
County Attorney Ginsburg stated that the Supreme Court reversed
the Trial Court on the constitutional issue; also, the Court
considered the statutory framework and ruled that if the County
Commission desired to assume the municipal powers over taxicab
regulations it would have to do so in accordance with the State
Law in existence at the time the ordinance was enacted; however.,
the County did not follow that procedure; further., the State Laws
which the County was supposed to follow at the time of the
enactment of the ordinance are not now in existence and there is
not State law procedure for. the County to follow and for that
reason his office made a motion for rehearing.
The Board them voted upon Commissioner Schreiber's motion that the
following proposed ordinance be adopted on first reading and that
the Clerk be authorized to advertise a public hearing for the
meeting of April 21, 1981 and upon being put to a vote, the vote
was as follows:
Barbara M. Carey Nay James F. Redford, Jr. Aye
Clara Oesterle Nay Harvey Ruvin Absent
William G. Oliver Nay Barry D. Schreiber Aye
Beverly B. Phillips Aye Ruth Shack tray
Stephen P. Clark Absent
Vice Mayor Redford declared that the motion failed to carry.
ThF-rr- bninU no further business to coma ►wCore' thr, upon
snot ion duly made, seconded and carried, the mei+tintj was
Ad jpurni-d. -
LS/ STF.PM m P. cum
Chairnm
A7=T; RIC W.0 p. R=xMo
BY; /S/ RA Tp RIB
1��uky _C
foregoing is a true and correct excerpt from the minutes of the
meeting of the Board of County Commissioners held on March 3► 1981
as appears of record.
IN WITNESS WHEREOF, I have hereunto set my hand and