HomeMy WebLinkAboutOrdinance 512ORDINANCE NO.
AN ORDINANCE REGULATING AND LICENSING TAXICABS AND TAXICAB DRIVERS AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF IN THE CITY OF OCOEE,
ORANGE COUNTY, FLORIDA.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS:
Section One. Definitions. The following words and phrases when used
in this ordinance have the meanings as set out herein:
10 (a) Call box stand means a place alongside a street, or elsewhere,
where the City of Ocoee has authorized a holder of a certidicate of
public convience and necessity to install a telephone or call box for
the taking of calls and the dispatching of taxicabs.
(b) Certificate means a certificate of public convenience and
necessity issued by the City of Ocoee, authorizing the holder thereof
to conduct a taxicab business in the City of Ocoee.
(c) Cruising means the driving of a taxicab on the streets, alleys
or public places of the City of Ocoee in search, or soliciting prospec-
tive passengers for hire.
(d) Holder means a person to whom a certificate of public con-
venience and necessity has been issued.
(e) Manifest means a daily record prepared by a taxicab driver
of all trips made by said driver showing time and place of origin,
destination, number of passengers, and the amount of fare of each trip.
(f) Open stand means a public place alongside the curb of a
street or elsewhere, in the City of Ocoee which has been designated by
the City Commission as reserved exclusively for the use of taxicabs.
(g) Person includes an individual, a corporation or other legal
entity, a partnership and any unincorporated association.
(h) Rate card means a card issued by the City Commission for
display in each taxicab which contains the rates for fare then in force.
(i) Taxicab means a motor vehicle regularly engaged in the busi-
ness of carrying passengers for hire, having a seating capacity of less
than persons and not operated on a fixed route.
(j) Waiting time means the time when a taxicab is not in motion
40 from the time of acceptance of a passenger or passengers to the time
of discharge, but does not include any time that the taxicab is not in
motion if due to any cause other than the request, act or fault of a
passenger or passengers.
Section Two. Certificate of Public Convenience and Necessity Required.
No person shall operate or permit a taxicab owned or controlled by�him
to be operated as a vehicle for hire upon the streets of the City of
Ocoee without having first obtained a certificate of public convenience
and necessity from the City Commission.
f -ic, E_ IS s 1011
e c t i o., i Three. Issul-,Lnce o- Gertiij to the Goiar
f incs teat further taxicUb service in tiie of Ocoee is requ, red by
--
tilcle public convenience 4,iC1 necessity anci that the applicant Isit
.L i
uillin,-, and able to perform such oublic transportation anti to conform
to the provisions of this ordinance the -ales promulgated b,,,7 thee
-
City Gol-,Im-i-`Lss ion, tale tile amity 6,oTmiission shall issue a certific«to
sLatin- the naiae and akklress of the oppl-icant, the number of VC-11)IC11's
autnor-j-zeui under said corti-Ficate a,11 -16L tlt-jc nate of issuance; otherwise
tile aj)"i)-LICation shall be uenied.
In makin- the above -Lim6in-s I
C) 0 1 the City Commi-issior, shali tal.C,e into
consiCA'e-rat-Lon the nui,,iber of ta„icabsoperation,
, I "n whether ex
• :Lstin-- transportotion is uecjuate to meet t, -ie public nee6,-e probable
tin
effect o2 increased servic%� on local tra-.L:,Lc conditions, anc, the cliar-
c t e r 11 experience, -,ind responsibility of aippl-Ji-cant.
;>ocnion --!;oui:-. Incie-i.inity Bonl--1 or Liebi)—L',-17 insurance T1,0qUireG. 0
o.- public conv,3n-iience anc necessity shall be issure6 or
Cont C�
--nueu in Operation unless there -1-s J'..n full �-orce an. effect an
rlGemn-it-v boric for each veirlicle authori.,,ec-i in the amount of '50 100C:.00
-Lor bo6ily ir-Cury to an one- pcersoii- in tile :mount of $100) -or
000. 00 j-
,njLj,,'i-es to Adore_tkian, one 'person wnicn cxe sustained --"n the same a,..,c
uent m6 $10,000.00 fox propelty ci2,in.age resulting
ii- ow ally one �-,ccicient.
Sa'.6 boad or bonds shall inure to the b�3-fieZ-J-t of- any person wno sh�,,-
I
be in-ur--d or who shali sust<'in uiar.,iage to 't-)roperty proximately caused
I . ts -its. SaJ 6 bon '
1 �7 the ncgllj�ence o-1-- a. -ol U ea- 11 LS secw�n or rages Cr
bo leis s.'lall be filen in tlie office of t -o ity Lind smell hav-
L L C S
suet,,,-, Li-iej-aoia a surety coMpany Lo rao business In "ie Stal-e
TI -ie f-Aty `-'o=,iss-Lon in its 6iser--L-Lon allow the to -File,
.J -n lieu of bond or bonds, a liability insurance )-)O-Llcy :1-ssu,-�--'Ci by in-
surance compLiny authori,'f:eLi to do busij-iass -1.n the State om- -�-Ioric'a.
L:,ai6 -policy shall con-Zori..,, to the provislons oi- Ln -is sectioli rel,,tin- to
L) nJ s
Section Five: ;,icense Fees. No ce-rti-Z::LcaL-,- shall be issued- or contin-
i
,--u -,--i opera t4 -L.on uaeSS Ci -ie holder ti- -- hlicense
paid an annus licens
7
-Lee 01 LiollirS for L -he rig0t toL rlgags ill the tLXiCLb bus -mess
e, n C i uollars each Jlor eacii vehicle operated under ,] cer-
Ll-f:i.cate of public convenience and necess-.`Lty. license J.:ees shLll
be ti -le ca'-'Len6ar year an6 shrill be in aciu"Lti_on to any other license
ieL Y a 11 Ci applicable t o s c, -,:'L c!
, Ci-ierges establishad '--)y proper ;jutJ:-.,0--J " C-
101clex- or the veh:l"..cle or vc;iioes uniler `-I- s O?er,�tt On and Control
-,�e,ction S`ilx. lfrcms:F(�r o 4 c,
S . i,�O Cert-LL-1-cate of public cofl--
-ra-(a(d or otner,.1-LSO
venience anu necessit-v be so'LCA ss ned 6- L)
d -1 mo t,
trL,-1sj-'c-!rr0(-4 w:Ltinout tile �--o'-Isent L)J-- L,--Oc� the 0' -
Of I
�,2ctlon SZ -Ven. Suspension cii(i 'evocation of �e-"-ti:ricates. cl-rtl-i-
C-,.tc -LSSUeU under t'ne provisions of this orc tin-ance Aay be revok---L, or
sus-pencle6 by the '-,'-Lty of Ocoee -L-Ci the ho-l-Lier thereof. has (a) violatecl
iia- of the Prov-cionsof this orul -nance, (b) discontinueu opera -tions
:or -1Clore than t()irLy (30) nays, (c) has violated L---Iy ordinanceE C)_,,- toe
pity of Ocoee, or the laws of the Unitec, States or the State of Florida,
the violations of which reflect unfavorably on the fitness of the holder
to offer public transportation.
Prior to suspension or revocation, the holder shall be given notice
of the proposed action to bo Laicc-ln and shall have an opportunity to be
heard
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erection Light. Taxicab river's License. person shall operate
taxicab for shire upon the streets of the --ity of Ocoee, anu no person
who mans or controls a tai>icab siiall perii,,2 t :i.t to be so driven, anu no
taxicaib Licensed by toe C ty of Ocoee sih�<' `. be so driven at cony time
for hire . unless the Griver O sa3.G taxicab s1iall he,.ve first Obtaineu-
anG shell ihave then in i7oi:,_-e a chCu L=0U-r � s driver � s 1:Lcense issue by
the Jta,.e of Florida.
Section spine. issucrice o.c License - Duration -- innual Fee. upon approval
of an applA.cation for
+ssuance of an occupa.tionui license anu' upon L.)-
roval of tile a:ppl]_cant for a certificate of convenience the City pier ;
of the .ity of Jcoee shall -J-ssue- a certificate of convenience anu an
. occupational license cense to the applicant. life occupational license shall
be for one calcnGar yea -r __ro'i'_i the elate O!: issue and it shall bear the
n2ihRe, uCiGress, _:olor, c.gc', signature anu* y)ho toy raph of the Lpplic2nt.
._in occupational license :for every calenucir year thereafter s11L 11 be
issuod upon the pay -Ment" of S , Euless the license for toe pre-
ceeu -I year alas been Levo :.eu.
Section glen. Display of L:L cense. .Very cis 1Vei llcense6 unL'er this
or( in, imce shall post his occupy tioncJ'lice-rise in such a place as to be
fill Rill V`ew O J.li passeil-ers while suc-ki cirlver is operatln- a ta:;icc;b.
section Ieven. SuspensiUil and :eVOCatiOn of C)C_CUpatiOnal L1CenSe.
;. - o _
the v!_ty OL �iCUee is ilerebv' iVeli t(1c' auL hOr ity t0 SUSk)end any OCCup'. '
L 3 oval-.Lcerise i.ssue6 unifier this ordinance Lor a (driver's failure or
refusal to comply with t1ho provisions oli this Oruinance. Such suspen-
sion shall last for a peri_oi:i of not mxore tile' Ilillety (90) de_ys.
v,ec.tioll Twelve. . failul'G to �;or; ply with i; '_tom , Stc..te and i 060rai L111 7s .
:ve�:y driver licenseu under this ordinance shall comply with 0,11 City,
Stat-- rlu reuvral lawsfc,i+_are to uo so will juSt-Lfy taloa t; o
Ocoee suspending or ravoi:�.n- an occupational license.
Section `11hirteen. Vekl_+'_cles, i:quiptment anc: •,.interlance. V(20icles must
Oe inspected anu approved by the State of Florida prior to such vehicles
use anu operation within the City limits of the City of Ocoee or under
the: provisions of this ordinance as a tU<.icab anu the ve sicle shall at
:ill titles bear a current, inspection stic: er issued by the State or
'loriva, 'Eurth:r every vet_hiC le operatLn udder this oru-inance shall be
i,:ept in a clean arid sanitary condition.
Lection fourteen. Designat-ion of -
on the outside of each reo-f door, in painted letter not less than '=our
(4) inches or iFore than twelve (12) inches in height, the name of the
owner; anu in addition rilay bear an iuencifyino design approved by the
City Commission. i4o v(-'_Ylicle covere6 by the ter.ihs of this or6inance
s hall be- licensed whose color scklenle, iuentil;=yin- design, mono -ram or
=:_nsignia to be used thereon shall, in the opinion of the :ity Coriuniss•-
i_ohl, conflict with or imitate any color scheme, -identifying desi-ll,
monograrci or insignia usecd on a vehicle or vehicles already operatill-
un6er the ordinance , in Such a Lianrler as to be i-Asleaciing or tend to
deceive or defraud tie )ubl c; anu provicieu luh ther, that is fter c
license 11a.s been :tssueu for =_ t_ x:Lcab ilei eunder, file colo: scherle,
iuent__fying design, raonograri or insignia;thereof is changed so Lis -co
be, in file opinion of tthe i_`_" Ly ;onmiiss:i_on,in coaklict with or ii,.itG �e
tiny color sCheme, ideriLL.:yi.n- des `n, mono -ram, or insignia usecl by
Eny other person, owner or operator, in such aj mariner as to be mis-
leau.=ng or tend to uec(-,ive or defraud the public, the license o.Z or
certificate covering suck: tL:< icab or ta.c_Lcabs shall be suspended or
evop�eu.
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Section Fifteen. Rates of Fare - Rate Card Required. No owner or driver
of a taxicab shall charge a greater sum for the use of a taxicab than
in accordance with the following rates:
(a) Hour rates: Dollars ($ ) per hour for one or
more passengers.
(b) Mileage rates: cents (_(,%) for the first mile or
fraction thereof; cents ( �.) for each additional
mile or fraction thereof.
(c) Waiting time: cents (_(,%) for each minutes of
. waiting time or fraction thereof.
(d) Trunks: cents for each trunk.
(e) Hand Baggage: There will be charge for hand baggage.
Every taxicab operated under this ordinance shall have a rate card
setting forth the authorized rates of fare displayed in such a place as
to be in view of all passengers. The City Commission may elect to let
the appropriate state agency establish the fares or may allow the Holder
to establish his fares irrespective of the aforegoing provision.
Section Sixteen. Receipts. The Driver of any taxicab shall upon de-
mand by the passenger render to such passenger a receipt for the amount
charged, either by a mechanically printed receipt or by a specially
prepared receipt on which shall be the name of the owner, license number
or motor number, amount of meter reading or charges and date of transaction.
Section Seventeen. Refusal of Passenger to Pay Legal Fare. It shall be
unlawful for any person to refuse to pay the legal fare of any of the
vehicles mentioned in this ordinance after having hired the same, and
it shall be unlawful for any person to hire any vehicle herein defined
with intent to defraud the person from who it is hired of the value of
such service.
Section Eighteen. Solicitation, Acceptance and Discharge of Passengers.
No driver shall solicit passengers for a taxicab except when sitting in
the driver's compartment of such taxicab or while standing immediately
adjacent to the curb side thereof. The driver of any taxicab shall re-
main in the driver's compartment or immediately adjacent to his vehicle
at all times when such vehicle is upon the public street, except that,
when necessary a driver may be absent from his taxicab for not more
than fifteen (15) consecutive minutes, and provided further that nothing
herein contained shall be held to prohibit any driver from alighting
to the street or sidewalk for the purpose of assisting passengers into
or out of such vehicle.
40 (b) Prohibited Solicitation. No driver shall solicit patronage
in a loud or annoying tone of voice or by sign or in any manner annoy
any person or obstruct the movement of any persons, or follow any
person for the purpose of soliciting patronage.
(c) Receipt and Discharge of Passengers on Sidewalk Only. Drivers
of taxicabs shall not receive or discharge passengers in the roadway
but shall pull up to the right-hand sidewalk as nearly as possible or
in the absence of a sidewalk, to the extreme right-hand side cf the
road and there receive or discharge passengers, except upon one-way
streets, where passengers may be discharged at either the right or
left-hand sidewalk, or side of the roadway in the absence of a side-
walk.
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(d) Additional Passengers. No driver shall permit any other
person to occupy or ride in said taxicab, unless the person or persons
first employing the taxicab shall consent to the acceptance of addi-
tional passenger or passengers.
(e) Restriction on Number of Passengers. No driver shall permit
more persons to be carried in a taxicab as passengers than the rated
seating capacity of his taxicab as stated in the license for said ve-
hicle issued by the Police Department. A child in arms shall not be
counted as a passenger.
(f) Refusal to Carry Orderly Passengers Prohibited. No driver
Sshall refuse or neglect to convey any orderly person or persons, upon
request, unless previously engaged or unable or forbidden by the pro-
visions of this ordinance to do so.
(g) Prohibitions of Drivers. It shall be a violation of this
ordinance for any driver of a taxicab to solicit business for any hotel
or to attempt to divert patronage from one hotel to another. Neither
shall such driver engage in selling intoxicating liquors or solicit
business for any house of ill repute or use his vehicle for any purpose
other than the transporting of passengers.
Section Nineteen. Open Stands - Establishment - Use.
(a) The City Commissioner in charge of the Police Department of
Ocoee is hereby authorized and empowered to establish Open Stands in
such place or places upon the streets of the City of Ocoee as he deems
necessary for the use of taxicabs operated in the City. Said Commis-
sioner shall not create an open stand without taking into consideration
the need for such stands by the companies and the convenience to the
general public. The Commissioner shall prescribe the number of cabs
that shall occupy such open stands. The Commissioner shall not create
an open stand in fornt of any place of business where the abutting
property owners object to the same or where such stand would tend to
create a traffic hazard.
(b) Open stands shall be used by the different drivers on a first
come first served basis. The driver shall pull on to the open stand
from the rear and shall advance forward as the cabs ahead pull off.
Drivers shall stay within five (5) feet of their cabs; they shall not
solicit passengers; or, engage in loud or boisterous talk while at an
open stand. Nothing in this ordinance shall be construed as prevent-
ing a passenger from boarding the cab of his choice that is parked at
open stands.
Section Twenty. Call Box Stands - Establishment - Use.
(a) The Commissioner is hereby authorized and empowered to es-
tablish Call Box Stands upon the streets of the City of Ocoee in such
places as in his discretion he deems proper. A holder desiring to
establish a Call Box Stand shall make written application to the
Commissioner. The applicant must attach to the application the
written approval of the abutting property owners of said space, con-
senting to the creation of such stand. Upon filing of the application,
the Police Department shall make an investigation of the traffic con-
ditions at said place and shall thereafter file their written recommen-
dation to the Commissioner. The Commissioner shall then either grant
or refuse the application. When a call box stand has been established
as herein provided, it shall be used solely by the holder to whom
the same was granted and his agents and servants and no other
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� 40
146
holder shall be perm-itteu` to use the same. Provided, however, tha.t no
holder shall obtain permit for more than five (5) such closed stands
within the downtown business area.
(b) U s e AA holder operating a call box stand as provide for in
this ordinance shall be allowed to have on duty at such stand, a starter
or other employee, for the purpose of assisting in the loading or un-
loading of passengers from cabs, for receiving calls and dis , �tCi,4 _ng
cabs and for soliciting passengers at such stand. The words L't
such stanL!" shall mean that part of the sidewalk iiiuiiediatelv aLl_Jacent
to and of equal length with such call box stand. It shall be unlawful
for any such starter or othe.-r- employee to go beyond the rear herein
C)
.
designated for the purpose o�' soliciting passengers or assis- n- tnel-.i
es, -natect
0 0 0
in boarding such cabs.
L)K � p 1-
ection Twenty -One. i-Irobibition of Other 'V e-1.1icles. Privete or oth-L
vehicles for hire SJJEJl not at a11V time OCCUPY the space upon the
J
streets that Has been establishec' as either open stands or call box
stancis.
Section Twenty -Two. Taxicab Service. .".11 persons engaged in tho t'
cab business in the City of L)coee operating under the provisions of
this orc!"Lnance shall -render an over-all. service to the public L'es-iring
to use taxicabs. Holders of certiiicEtcs of public convenience Lnuc:
a,,ecossity shall maintain a cent:r_-s�_1 place o. -L,- business and keep the sa�ae
open twen':y-fou:: :tours a Lay i --or the purpose of receiving calls and
6-%Lspatcn-.Lrtg, cabs. T'oey sil.,lall, answer all cialls received by the?tfoL
services inside the corporate l-imits of ti;e City of Jcoee a's s000. as
they can do so and if saikl' s:.-.!rvices c�:nnot be rendered wifthin a
sonable tL-.,ie trey shall then notify the prospective passengers how
long i�t will be before Lae S" -"-A.0 CL;ll caa *bo onswereu and -ve t:1le
reason 't:�Jerefor. Z%Wy holu'�"r who Silail r --_:use to accept a Call afn
where in the corpor,--tte 11,nii"Lts of tine (Jit -Y, OZ Ocoee at any ti -me when
L'able cabs; or w1io shal'i fail or refuse to Z,,ivc
such holuer has 6'.va-Li
over -all service, sha!! b(' LeaLieu a violator.- r):IF ttils ordinance and tile,
if � cate grantoc" to SU60 1101cier steal'_ revo e - L4 at the discretion Of
c o rt :1L
the C-'ktv Ot ucoee.
Dection '11"wenty-Tilree. ,overt sing. 'Sub-'ect to the rules and regula-
tions of the City Of Ocoee, it shall be lawful for any person owning
or operating a taxicab or i-aotor vehicle for hire to permit e(I'vertisi)--l-
L
Matter to be aff'L.-.'eci to or 'nstallecl " n or on such taxicabs or motor
vei:.--cles for
hire.
Section Twenty -Four. :eolil-ce '_)eparti-ti(�nt - Duty to Znforce irdinance.
The i'lice Departniet-it o -E the City of Ocoee Is herebv given tile authoic'it_NY
and _Ls instructed to watch anu' observe t1he conduct of holuers and
-lance. Upon discovering a violatior",
Qr*Lvers operating under tl Jn s ordinance.
of the provisions o.L-- this or6inance, the !:oiice Department shall report
the saj-,Ic, to the Gity Coyixiissi on, which will or (ler or ta'.Ce appropri-ate
action.
Section Twenty -Five. Penalty. Any person violating any of the pro. -
visions Of this ordinance s1-1all be teemed -,u-'Ity of a misdemeanor and
upon conviction thereof shall be fined not exceeding One Hundred Dolicars
($100.00) or by imprisonment in the City of Ocoee jail not exceeding
thirty (30) days, or by both such and imprisonment.
Section Twenty -Six. Severability. Each of the provisions of this
1
ordinance are severable, and if any provisions of this ordinance shall
be declared to be invalid, the remaining provisions shall not be affected
but shall retain in full orce ants ejEfect.
"Section Twenty -Seven. Repealing Provision. All orujinances or parts
o.L ordinances in con'Llict w-.Lr_'b this ordinance are hereby repeale(I.
I-
Sect'Lon Twenty -Eight. This oruiriance si'.�ill become effective when
adopte6.
I SESSiON t Y by
DiNJ] IN ip'""i his t�_ 0, 1970)
i ty Gormi` -amity I Ocoee 9 ��U��y
t. ri e ission 01 t'l I a 0, Jran e Floricia.
City C 1 er *residet ofCommission
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,.pl-)-.oveG by the ei,.yor th-L-1-
LI C
a y 0 j- 1970.
d,