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Home My WebLink AboutO-08231SRS ro 2-4-74 ORDINANCE NO. 823/ ORDINANCE AMENDING SECTION 56-135 OF THE CODE OF THE CITY OF MIAMr, FLORIDA, FOR THE PURPOSE OF CONFORMING SUCH SECTION TO THE CURRENT PPACTICE AND PROCEDURE OF THE POLICE DEPARTMENT IN CANCELLING OR REVOKING CHAUFFEURS' LICENSES; REPEALING ALL OPDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. WHEREAS, the City of Miami Municipal Court ceased operation as of January 1, 1973, and WHEREAS, Section 56-135 of the Miami Code provided for a hearing before a Miami Municipal Court Judge in revocation proceedings involving taxicab chauffeurs' licenses, and WHEREAS, for the purpose of taking action under said Section 56-135 during 1973, administrative interpretation of said Section 56-135 was made calling for revocation - cancellation of certain chauffeurs' licenses, based on false original applications, and WHEREAS, litigation has ensued (David Cohen et al v. Bernard Garmire, et al, U.S. District Court No. 73-1677 CIV - JE) based on City action taken under said Sec. 56-135, and WHEREAS, the City Attorney recommends that said Section 56-135 be amended to conform such Section to current notice and procedure of the Police Department and for other purposes deemed advisable and recommended by the City Attorney. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI. Section 1. Section 56-135 of the Code of the City of Miami, Florida is hereby amended to read as follows: Section 56-135, Revocation or. Cancellation. (a) If any chauffeur violates any traffic laws or regulations, or any order, rule, or regulation of the Chief of Police, pertaining to the administration or enforcement of the Charter or any other Ordinance or Code Section concerning motor vehicles as defined in this Chapter, the Chief of Police (through the taxicab detail) may suspend the chauffeur's license for a period not to exceed sixty days. Opportunity to defend or refute the alleged violation shall be given, including but not limited to represent- ation by legal counsel, use of witnesses and presentation of documentary evidence. (b) If any person has obtained a chauffeur's registration license by an application in which any material regarding a past criminal record was omitted or stated falsely, the Chief of Police (through the taxicab detail) may cancel the registration license issued without notice or opportunity to be heard. (c) If any chauffeur shall (1) become unfit to operate a motor vehicle on account of any infirmity of body or mind or, because of addiction to the use of any drugs or intox- icating liquor, or (2) if any chauffeur shall borrow or hire a vehicle for independent transportation of passengers for hire, or (3) shall use any motor vehicle in his possession or control, in violation of any law covering the operation thereof, or (4) shall violate any criminal law, since the date of original issuance of a chauffeur's registration, which would disqualify an applicant fora chauffeur's license; the Chief of Police (through the taxicab detail) may, after notice and opportunity to be heard, revoke such license. Opportunity to defend the alleged violation shall be given, including but not limited to representation by legal counsel, use of witnesses and presentation of documentary evidence. If a record of any hearing held under this sub -section is desired, the person charged with the violation shall obtain the services of a Court reporter, at his expense, for the purpose of recording said hearing, swear- ing the witnesses, and marking items of evidence. The Court reporter's expenses shall be paid by the City in the event charges are not sustained by actual revocation (at the hearing or upon later Court review). Section 2. i11i ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3. If any section, sentence, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the intent of The Commission of the City of Miami to pass this ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. Section 4. This ordinance is hereby declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety and property in the City of Miami. Section 5. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the Members of the Commission. PASSED AND ADOPTED BY TITLE ONLY THIS 4 day of _A. 43 1:968-. (Emergency passage) PREPARED BY: A/14 MAURC IE A FERRE Attest: MAYOR H.D. SOUTHERN S. R. Sterben2 Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: John S. Lloyd City Attorney City Clerk RIVISW 'DAILY'itoreefftb t sew tnuttt , §rtMdt Hollito Masai Z1th &WON 746pitta ' tJN Mt t ttf t t,lgdirrMii eU eutttoti� �,, Jieiiali MI 13 P8 • ha iiroBritat, whb on oath seeyrs that • tri Va . Lebec .Ads bf .'the taunt Revtaw• acid DAily tidCdtd, a daily estcept • S ttnee sti day end • tiiSat HbtidBytt) newsapet .•'publish tt et -stingiest.. 4n Dade 'i;ourity Fltifid8; that t{ia attached obey if edtteh tjaef i iit, fiatn$•i 'Legal •1dVehttatifrter1t fir Monte in frib •matter ii City tf Pltrida Adtptith Ore ira ee NO. 8231 In the , ..... ,i ,,,,,,,,,,, ;,, .,,• i;ouft, was published in said news u�ew in 'th issues iif Pel5rivary 1974 Atiant turthet says then the Meld Miahii ttevtew ehd Daily Record Is a•newspaper published at Mtaml, In said Dada County, Florida, and that the $aid news,. paper has heretofore boery continuously published in said bade touhty, Florida, bath day (except Saturday, Sunday and Legal Holidays) and has been entered as second tlas§ mail Matter at the post office to Miami, In Bald Dade County; Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further'" says that she has 'neither paid nor promised any person,' firm or Corporation any discount, rebate;' commission or • refund for the purpose of securing this advertisement for publication In the laid -newspaper. worn to and substrtbed;before me this 12th.day of F'esbruary ` A.b. 19 74 MaHorie r Smith Notary Pablo 3Sttate `Of. Florida at Large (SEAL) ; My Commission exptratr:$tptemb r 1, 1977. t t3fl tiff �tltl I�! ff�tfiAVM efl 15ti)3YffL Llitftfeti ,. tmN 88= bP ' '0 ig I tAtti . itxf3A o161/0 4 ' 1 ANC ./s1t Mitt .: Plif MIAMI) ) Mt f )taus 1it='^ Tito NSIgsi ti f 12 NA tt 15____ L't ,tro,PAterti4T1tE *1 ' 1NaOPA �,. tEY ANi; ? CbN 'tt k . iCroN'tA1NttitG t.A S ti• a At1/.t;'tIt1 140vtStONi lAttiArtIgtr''1'1tts" 1t131• NAnE Tt5 )11: =AN EMEIt= M1tAtt152 b1S- tt1`fjtLlft tm,t rwo bAtS :tit A VOTE Y5)4't., 1.kEfi , • )4AN {1'Ottti�frt ' 'S -.0i rt-IEoP 4t COMMISSION, thteh Ia 1esignated Otettlahce- No. S231. b. bti 1'H 1 N CITY Or MIAMI, FZ,Of1IDA Pubileatton of •'tills • h tie@'lbfl the 12th day of "'FehruDry,,1979: 2/12 • Ad No.' 10391 CITY OF MIAMI. FLORIDA INTc.R-OF IC.:. M MORA.NOUtMI 'J<1 1 TO: Honorable Members of the DATE: February 5, 1974 J 3iLE: City Commission � sua.P:CT: Sec. 56-135, Miami Code; /s 1/ Amendment of FROM: John S. Lloyd REFERENCES: City Attorney 11 ENCLOSURES: Section 56-135 of the Miami Code, as it now reads, provides for a hearing before a City of Miami Municipal Court Judge in connection with the revocation proceedings involving taxi cab chauffeur's licenses. In addition to the fact that the City of Miami £4unici Court ceased operation as of January 1, 1974, a Federal civil rights law suit has been brought by two chauffeur's license holders who had their licenses revoked. It is claimed in this law suit that a proper hearing was not allowed these license holders (and the purported class of license holders who have had their licenses revoked)prior to the revocation of these chauffeur's licenses. The attached ordinance amends Section 56-135 to correct the presently erroneous reference to the City of Miami Municipal Court therein, for the purpose of conforming this section to the current practice and procedure of the taxi cab detail, Police Department, in handling suspensions, cancel- lations and revocations of chauffeur's licenses, and for the purpose of stating, in greater detail, the method employed by said taxi cab detail in conducting proceedings which may result in suspensions or revocations of chauffeur's licenses. Provision for cancellations of chauffeur's licenses when and if issued to persons not entitled to same is also included in this ordinance. JSL/SRS/ts PREPARED AND APPROVED BY: S. R. Sterbenz Assistant City Attorney SR8: ro 2-1-74 ORDINANCE NO. ORDINANCE AMENDING SECTION 56-135 OF THE CODE OF TILE C IT`. OF t•II \M I , FT,07.' ;DA , F0fl THE PUT'POS IE OF CO FOi ="z SUCH SECTION `.CO THE CUPPI':N`T PP\CTT_CE AND PROCEDURE OF THE POLICE DEPARTMENT IN CANCELLING OR REVOKING CHAUFFEURS' LICENSES; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS TIIEY APE IN CONFLICT CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. WHEREAS, the City of Miami Municipal Court ceased operation as of January 1, 1973, and WHEREAS, Section 56-135 of the Miami Code provided for a hearing before a Miami Municipal Court Judge in revocation proceedings involving taxicab chauffeurs' licenses, and WHEREAS, for the purpose of taking action under said Section 56-135 during 1973, administrative interpretation of said Section 56-135 was made calling for revocation - cancellation of certain chauffeurs' licenses, based on false original applications, and WHEREAS, litigation has ensued (David Cohen et al v. Bernard Garmire, et al, U.S. District Court No. 73-1677 CIV - JE) based on City action taken under said Sec. 56-135, and WHEREAS, the City Attorney recommends that said Section 56-135 be amended to conform such Section to current notice and procedure of the Police Department and for other purposes deemed advisable and recommended by the City Attorney. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI. Section 1. Section 56-1.35 of the Code of the City of Miami, Florida is hereby amended to read as follows: Section 56-135. Revocation or Cancellation. (a) If any chauffeur violates any traffic laws or regulations, or any order, rule, or regulation of the Chief of Police, pertaining to the administration or enforcement of the Charter or any other Ordinance or Code Section concerning motor vehicles as defined in this Chapter, the Chief of Police (through the taxicab detail) may suspend the chauffeur's license for a period not to exceed sixty days. Opportunity to defend or refute the alleged violation shall be given, including but not limited to represent- ation by legal counsel, use of witnesses and presentation of documentary evidence. (b) If any person has obtained a chauffeur's registration license by an application in which any material regarding a past criminal record was omitted or stated falsely, the Chief of Police (through the taxicab detail) may cancel the registration license issued without notice or opportunity to be heard. (c) If any chauffeur shall. (1) become unfit to operate a motor vehicle on account of any infirmity of body or mind or, because of addiction to the use of any drugs or intox- icating liquor, or (2) if any chauffeur shall borrow or hire a vehicle for independent transportation of passengers for hire, or (3) shall use any motor vehicle in his possession or control, in violation of any law covering the operation thereof, or (4) shall violate any criminal law, since the date of original issuance of a chauffeur's registration, which would disqualify an applicant for a chauffeur's license; the Chief of Police (through the taxicab detail) may, after notice and opportunity to be heard, revoke such license. Opportunity to defend the alleged violation shall be given, including but not limited to representation by legal counsel, use of witnesses and presentation of documentary evidence. If a record of any hearing held under this sub -section is desired, the person charged with the violation shall obtain the services of a Court reporter, at his expense, for the purpose of recording said hearing, swear- ing the witnesses, and marking items of evidence. The Court reporter's expenses shall be paid by the City in the event charges are not sustained by actual revocation (at the hearing or upon later Court review), Section 2. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3. If any section, sentence, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the intent of The Commission of the City of Miami to pass this ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. Section 4. This ordinance is hereby declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety and property in the City of Miami. Section 5. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the Members of the Commission. PASSED AND ADOPTED BY TITLE ONLY THIS f4 day of PE el • 1968. (Emergency passage) PREPARED BY: MAURCIE A FERRE Attest: MAYOR H.D. SOUTHERN City Clerk S. R. Sterbenz Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: John S. Lloyd City Attorney