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HomeMy WebLinkAboutO-00067ait ORDINANCE NO.O._ AN ORDINANCE PROVIDING PO1 THE dtVING OF SECURITY OR INDEMNITY, BY THE OWNERS OP AUTOMOBILES PON HIRE OPERATED UPON THE STREETS OF THE CITY OF MUM; PROVIDING THE AMOUNT OP SUCH SECURITY, OR INDEMi ITY; PROVIDING ?OR THE GIVING OP BLANKET SECURI- TY, ON INDEMNITY, IN CERTAIN CASES; PROVID- ING THE AMOUNT OP SUCH BLANY► T SECURITY, OR INDEMNITY; DEFINING AN AUTOMOBILE ?Oft HIRE; MAX/NO IT UNLAWFUL FOR ANY PERSON TO OPERATE OR CAUSE, OR PERiIT, TO BE OPERATED OR HIRE UPON THE STREETS OP THE CITY 0P MIAMI, ANY AUTOMOBILE OWNED BY HIM, WITHOUT RAVING COM- PLIED WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, there are being operated, upon the streets of the City of Miami, Florida, a large number of automobiles for hire; and WHEREAS, the Commission deems it necessary, in the in- terest of the public safety and welfare, that the owners of such automobiles for hi,'., operated upon the streets of the City of Miami, be required to furnish security, or indemity, against the loss of, or damage to, life, limb, or property, of any person by reason of the careless, negligent or reckless operation of such automobiles for hire upon the streets of the City of Miami; and WHEREAS, the Commission believes, and has determined, that security, or indemnity, in the sum of Five Thousand dollars (45,000) for each automobile operated for hire upon the streets of the City of Miami, would be a reasonable security, or indemnity, to require of the owner of each such automobile for hire which is now, or which may hereafter be, operated upon the street$ of the City of Miami; the said security, or indemnity, to be conditioned to pay any damages which may be adjudged upon final judgement against the owner of any such automobile for hire because of the Loss of, or damage to, the life, limb, or property of another, proximately caused by the careless, reckless or negligent operation of such automobile for hire upon the streets of the City of Miami. Florida; provided, that the liability of the principal and sureties upon any • IRe such security, or indemnity, shall be limited to the sum of Pive Thousand dollars t$5,000) for injuries sustained to per- sons or property in any one accident; tow, therefore, BB IT ORDAINED by the Commission of the City of Miami; Se-atton_- ... That before any person shall have the right to operate any automobile for hire upon the streets of the City of Miami, the owner of each such automobile so operated for hire, shall give security, or indemnity, in the sum of Five Thousand dollars (5,000) for -each such automobile to be so operated; the said security, or indemnity, to be conditioned to pay any damages which may be finally adjudged against the owner of any such auto- mobile for hire because of the loss of, or damage to, the life, 1+mb or property of another, proximately caused by the careless, reckless, or negligent operation of such automobile for hire upon the streets of the City of Miami, Florida, whether the same be so operated by the owner, his servants, agents or employees; provided that the liability fo the principal and sureties upon any such se- curity, or indemnity, shall be limited to the sum of Five Thousand dollars (05,000) for injuries sustained in any one accident; and provided $urhter that two or more automobiles for hire, whether owned by the same person, or not, may be covered by blanket securi- ty, or indemnity, in the sum of Ten Thousand dollars (10,000), conditioned as hereinafter provided. Section 2. That the owner, or owners, of auy two, or more, automobiles for hire, shall have the right to furnish blanket security, or indemnity, in the $um of Ten Thousand dollars 410,000), conditioned as provided by Section 1 hereof, and limiting the lia- bility of the principal and sureties upon ouch indemnity to the sum of Five Thousand dollars 10,000) for damages to life, limb, or property in any one accident. The furnishing of such blanket securi- ty, or indemnity, covering any two, or more, automobiles for hire, whether owned by the awe person or not, shall be deemed s oomph - once with this ordinance. IV Section. SA That the terms "Security" or "indemnity", as used in this ordinance, shall be construed to mean an indemni- ty bond signed by the owner, or owners of one or niore automobiles, to be covered thereUy, as principal, and by a surety company au- thorized to do business in this State, as surety; or cash money in a stem equal to the security required to be given, deposited in trust, in such manner and tender such conditions as shall be ap- proved by the City Ltanager of the City of Miami. The require- ment of the City ;tanager as to the manner and condition of such deposit ehall be uniform as to all persons who furnish security, or indemnity, and who furnish cash money in a sum equal to the security required to be given as herein provided for. All bonds and other security, or indemnity, required to be given under this ordinanoe, shall be subject to approval, as to the form thereof, by the City Attorney. Section 4. That an automobile for hire within the meaning of this ordinance, shall be construed to be any automo- bile used in transportation of any person or persons for a con- sideration, operated upon the streets of the City of Miami, Flori- da, and driven and operated while transporting such person or persons, either by the owner thereof, or some person in his em- ploy, excluding only that class of public automotive conveyances which are operated over specific routes. Section 5. ,From and after the passage of this ordinance, it shall be unlawful for any person to operate, or to cause, or permit to be operated, upon the streets of the City of Miami, Flori- da, for hire, any automobile owned by him, without having first complied with the provisions of this ordinance, and furnished the security, or indemnity, herein provided for, Section 6. That any person violating this ordinance, upon conviction, shall be punished by a tine of not more than Two Hundred dollars 020000), or imprisonment for not more than sixty (60) days, or both, in the discretion of the Municipal Judge. s ! Wei • Seotion 7, It is hereby aeciarea that the require- ment that this ordinance be read on two separate days has beet dispensed with by a four -fifths (4/S) vote of the members of the Commission. Seotion 8. It is hereby declarethat it has been ae- termined, and it hereby is determined, by the City Commission, that this ordinance is an emergency measure, on the ground of urgent public need for the preservation of peace, health, safety and property, and is passed by a vote of not less than four - fifths (4/5) of the members of the Commission. PASSED AND ADOPTED this 24th day of January, A. D. 1922. ATTEST: CITY CLE