Ordinance 25-2017 Vehicles for Hire ORDINANCE NO. 25-2017
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 130, VEHICLES FOR HIRE, ARTICLE II,
TAXICABS AND LIMOUSINES, BY AMENDING SECTION
130-31 , DEFINITIONS; BY RESCINDING SECTIONS 130-32
AND 130-33; BY INCORPORATING A NEW SECTION 130-
32 TO PROVIDE THAT VEHICLES FOR HIRE PERMITTED
IN THE TOWN, ALONG WITH THEIR DRIVERS, COMPLY
WITH PALM BEACH COUNTY'S CODE, CHAPTER 19,
ARTICLE IX RELATING TO VEHICLES FOR HIRE AS
AMENDED FROM TIME TO TIME; AMENDING SECTION
130-34 RELATING TO TAXI STANDS; AMENDING
SECTION 130-36 — PENALTIES; RESCINDING IN THEIR
ENTIRETY SECTIONS 130-61 AND 130-62 OF DIVISION 2
RELATING TO CERTIFICATES OF PUBLIC CONVENIENCE
AND NECESSITY AND PERMIT; AMENDING SECTION
130-63 RELATING TO APPROVAL OF APPLICATION,
DENIAL; AMENDING SECTION 130-64 - PERMIT FEE;
RESCINDING SECTION 130-65 IN ITS ENTIRETY;
AMENDING SECTION 130-67 — TOWN COUNCIL TO
DETERMINE THE NUMBER OF PERMITS AVAILABLE;
AMENDING SECTION 130-68 RELATING TO ANNUAL
RENEWAL OF PERMITS; AMENDING SECTION 130-69
RELATING TO INSPECTION OF VEHICLES; AMENDING
SECTION 130-70 RELATING TO SALE, ASSIGNMENT OR
TRANSFER; RESCINDING SECTION 130-71 RELATING TO
AUTOMOBILE LIABILITY INSURANCE REQUIREMENT IN
ITS ENTIRETY; AMENDING SECTION 130-72,
SUSPENSION AND REVOCATION; RESCINDING IN THEIR
ENTIRETY SECTIONS 130-96, 130-97, 130-98, AND
SECTION 130-99 OF DIVISION 3 RELATING TO
CHAUFFER'S; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, it is the intention of the Town to require that all vehicles for hire that
are permitted in the Town of Palm Beach, along with their drivers, shall comply with Palm
Beach County's Code, Chapter 19, Article IX relating to same; and
WHEREAS, it is the intention of the Town to continue to regulate vehicles for hire
Ordinance No.25-2017 Page 1 of 20
pursuant to Chapter 130 of the Town Code of ordinances as amended herein and subject
to certain amendments contained herein; and
WHEREAS, it is the intention of the Town to specifically exclude transportation
network companies as defined in Florida Statute 627.748 from regulation by the Town as
said companies are regulated through state legislation.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 . Chapter 130 of the Town Code of Ordinances relating to Vehicles
for Hire is hereby amended at Section 130-31 , Definitions, to read as follows:
(Note strikeouts for deletions and underlining for new language.)
"Sec. 130-31 - Definitions.
Certificate of public convenience and necessity means the formal written authority
limousine business in the Town. The granting of a certificate shall infer that the certificate
holder will be granted one or more taxicab or limousine permits.
Cruising, for purposes of this article, is the practice of driving about the public streets
of the Town with a taxicab so as to solicit passengers or to bring the presence of the
taxicab to the attention of prospective passengers. A taxicab driving along the streets in
the Town for any purpose other than transporting a passenger, going to a definite
destination by the most direct route in response to a call for a taxicab for a prospective
passenger or returning by the most direct route to the taxicab's home terminus after
discharging a passenger or going to or from the said terminus to the driver's home base
by the most direct route shall be prima facia evidence of cruising. Prima facia evidence
of cruising can also be established by a police officer or other designated Town official
who directly observes a taxicab pass the same traffic control point, landmark, structure or
other marker three or more times during a period of one hour or less.
Highway means any of the streets, boulevards, avenues, drives or alleys located in
the Town.
Limousine means a chauffeur-driven non-metered vehicle for hire, including, but not
limited to, modified-for-the-purpose luxury limousines or full size luxury sedans providing
Ordinance No.25-2017 Page 2 of 20
seating accommodations for not more than 16 persons, including the driver, and which
rates are determined on an hourly, daily, weekly or monthly rental of the vehicle and the
chauffeur or a combination of rental and mileage charges.
Off-street stand means a taxicab or limousine stand located upon private property
within the Town, providing off-street parking space for taxicabs or limousines.
On-street stand means a public place in the Town that has been designated by the
Town Manager as reserved exclusively for the use of taxicabs or limousines.
Permit means the formal written authority granted by the Town under this article to
the holder of a certificate of public convenience necessary to operate each taxicab or
limousine under the terms and provisions of this article.
Prearranged charter means a written or telephone reservation made for a taxicab or
limousine, which may or may not hold a permit within the Town, made in advance by the
person requesting service at the place of business of the vehicle for hire for the provision
of service from the caller's location to a destination inside or outside the corporate limits
of the Town. Such reservation shall be documented in written form by the business. The
written documentation designated herein shall be made available immediately upon the
request of authorized code enforcement or law enforcement personnel of the Town. The
advance requirement does not apply to companies with authorized vehicle for hire
contracts with Palm Beach International Airport when said vehicles are responding to
requests for travel between Palm Beach International Airport and a location within the
Town.
Taxicab means a chauffeur driven motorized vehicle equipped with a taxi meter
engaged in the transportation of passengers for compensation and where the route or
destination is controlled by the passenger and which are licensed by Palm Beach County.
Except when responding as a prearranged charter, the operation of taxicabs in the Town
is permitted only from 9:00 p.m. to 4:00 a.m. of the following day. Taxicabs permitted by
the Town may operate outside the hours specified herein when operating on the private
property of a hotel for the benefit of hotel guests with the express permission of the hotel
operator.
Vehicle for Hire is as defined in 320.01(15), F.S. specifically excluding Transportation
Network Companies as defined in 627.748, F.S."
Section 2. Section 130-32 and 130-33 are rescinded in their entirety as noted
below.
Sec. 130 32. Rates; schedule to be filed with Town.
{a) All persons holding certificates or permits shall file with the Town annually a
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the rates and fees are reasonable and competitive with other prevailing rates
permitted vehicle a currently upda -. •-e . - : . - - -e - e- .
certificate or permit.
Section 130.33. Amounts; receipt to be filed; regulations.
passengers at all times. All taxicabs shall be equipped with a meter which
a receipt for each fare collected from such passenger or passengers. Such
therefor.
drivers employed by the holder. In addition, it shall be the responsibility of holders
of a certificate of public convenience and necessity fails to file a current list of all
drivers employed by the holder as provided in this section, the holder of the
penalty for each event of noncompliance. The amount of the cash penalty
may be amended from time to time by resolution of the Town Council. No
the penalties due pursuant to this section.
- . _ . . ! _
taxicabs permitted in the Town shall have a credit card reader on board and
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Section 3. There is hereby adopted a new Section 130-32 to read as follows:
"Section 130-32 — Requirement for Palm Beach County permit.
It is a requirement that all vehicles for hire that are permitted in the Town of Palm
Beach, along with their drivers, shall comply with Palm Beach County's Code, Chapter
19, Article IX as amended from time to time."
Section 4. Section 130-34 - Taxi stands, is amended as set forth below:
"The Town's public safety director or his or her designee is authorized to establish
on-street stands in such places upon the streets of the Town as is deemed necessary for
the use of taxicabs operated in the Town. No taxi stand shall be created without taking
into consideration the need for such stand by a taxi and the convenience to the general
public. The public safety director or his or her designee shall prescribe the number of
taxicabs that shall occupy such stands. No stand shall be created in front of any place of
business where such stands would tend to create a traffic hazard. Taxi stands may only
be occupied by taxis licensed by the Town during the hours such taxis may legally operate
in the Town. The creation of taxi stands shall be subject to review and approval of the
Town Council, upon appeal. or upon written request of any person or entity. The issuance
of a - _ - _ _. _ _ - -• - _ _ - permit shall not entitle the holder to
an on-street stand."
Section 5. Section 130-36 — Penalties, is hereby amended as set forth below:
"Any person who shall violate any of the terms, provisions or conditions of this article
shall be punished as provided in section 2-439. In addition thereto, the Town Council
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may, after hearing, but within its discretion, revoke any certificates of convenience and
necessity or permits issued under this article."
Section 6. Sections 130.61 and 130.62 of Division 2 relating to Certificate of
Public Convenience and Necessity and Permit are hereby deleted in their entirety as set
forth below:
revocation. It shall be unlawful for any person to operate any motor vehicle for hire in the
highway in the Town without first having obtained from the Town a certificate of public
prearranged charters."
. _e - • - - -- e - ee • - - - - - - •-• e - . - ' - - - -
• - • - _ _ • amity and a permit or permits thereunder shall be led with the Town
Manager upon forms provided by the Town, and the application shall be verified under
its officers, directors and stockholders holding more than ten percent of the stock of the
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company, if any. The name of the applicant's business, business location, business,
under which the business will operate and the telephone number which will be used by
to conform with and abide by all ordinances of the Town whether such ordinances may
to be permitted. A list of the names and addresses and telephone numbers of all persons
certification providing that the applicant has met the insurance requirements of this article.
years, or has pending charges for any of the following: Any crime designated as a felony;
Any crime involving the sale or possession of controlled substances as denied by F.S. §
F.S. ch. 796 relating to prostitution. In the event it is determined by review of the Town
permits thereunder have by virtue of a permit received from Palm Beach County met alt
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the county permit in granting a certificate of public convenience and necessity or a permit
or permits hereunder. Any information required by the Town which is not included within
Section 7. Section 130-63. —Approval of application; denial, is hereby
amended in the manner set forth below:
"It has been determined by the Town Council that the maximum number of permits
necessary to provide for the public convenience and necessity in the Town is 50 limousine
permits and 25 taxicab permits. The initial 25 taxicab permits will be issued by way of a
random selection process in a manner to be determined by the Town. Taxicab permits
are only valid for use in the Town from 9:00 p.m. to 4:00 a.m. the following day. Taxicabs
permitted by the Town may operate outside the hours specified herein when operating on
the private property of a hotel for the benefit of hotel guests with the express permission
of the hotel operator. If the Town finds that the applicant favorably meets the criteria stated
in section 130 62 has a valid, current Palm Beach County vehicle for hire permit, including
a County issued vehicle decal and the vehicle complies with all other requirements set
forth herein, the application shall be approved and _ _-• - - _ _ _ _ ._ __ _
the permits applied for shall be thereundergranted, subject, however,
to the availability therefor. If it is foundthe Town finds that the applicant does not favorably
meet the criteria stated in section 130 62,comply by not having a valid County issued
permit, or by not conforming to vehicle standards as set forth in 130-106, the application
shall be denied. A denial may be conditional, and the applicant will be given an opportunity
to provide further information or take other action which will result in the approval of the
application, or final, and no further action will be taken or permitted under the application."
Ordinance No.25-2017 Page 8 of 20
Section 8. Section 130-64. — Permit fee, is hereby amended in the manner set forth
below:
"Sec. 130-64. - Permit fee.
(a) Upon issuance of permits, the permittee shall pay a permit fee for each taxicab or
limousine permit as follows:
{1) For each certificate of public convenience.
{2) For each taxicab or limousine permit.
The amount of the permit fees enumerated herein shall be established by resolution of
the Town Council and may be amended from time to time by resolution of the Town
Council. The above referenced permits shall be valid for a period of one year, to terminate
on September 30 of each year.
(b) There shall be no proration as to the fee for permits, and the fee shall remain as
set forth by resolution of the Town Council regardless of the date upon which a permit is
issued during any one year."
Section 9. Section 130-65. — Ineligible recipients, is hereby rescinded in its entirety as
set forth below:
business or company who has or whose officers or stockholders have been convicted
or while intoxicated; Any crime involving the sale or possession of controlled substances
Ordinance No.25-2017 Page 9 of 20
Section 10. Section 130-67 relating to Town Council to determine the number of permits
available is hereby amended in the manner set forth below:
Sec. 130-67. -Town Council to determine the number of certificates of public convenience
a-rid permits available.
The Town Council may address upon its own initiative the number of certificates of public
convenience and permits that may be issued within the Town based upon a consideration
of public convenience and necessity. Any determination to increase or decrease the
number of permits e .-•".. - _ _ . _ __ in effect during any one year shall
be made at a public hearing of the Town Council. Notice of such hearing shall be given
to persons to whom certificates of public convenience and necessity have been
theretofore issued who currently hold permits. Notice shall also be given to the general
public by publishing a notice of such hearing in a local newspaper of general circulation
at least seven days prior to a hearing. The Town Council, in determining whether to grant
additional permits or decrease permits available, shall make its decision based upon the
following factors:
(1) Public demand for taxicab and limousine service.
(2) Whether the public has been adequately served by existing permitted
taxicab and limousine service.
(3) The effect on traffic congestion and safety of existing vehicular and
pedestrian traffic.
Ordinance No.25-2017 Page 10 of 20
(4) Such other factors as the Town Council finds to be relevant.
A maximum of five taxicab permits shall be allotted for any one entity_to which a certificate
of public convenience is issued."
Section 11. Section 130-68. —Annual renewal of permit is hereby amended in the manner
and form set forth below:
"Sec. 130-68. - Annual renewal of permit.
Certificates and Ppermits for limousines may be renewed as a matter of right upon
application duly filed with the Town. Certificates and permits for taxicabs may be renewed
upon application duly filed with the Town. Renewal of certificates or permits shall be made
as of October 1 of each year, the cost thereof to be as set forth in this article. Failure of
any person holding a certificate or permit under this article to renew the same as provided
in this section by November 1 of each year shall operate as automatic revocation of such
certificate or permit, and it shall thereafter be unlawful to operate taxicabs or limousines
covered thereby. In the event a certificate and applicable permits areis not renewed as of
October 10 a late penalty for certificate or permit renewal shall be paid to the Town. The
amount of the late penalty for certificate or permit renewal enumerated herein shall be
established by resolution of the Town Council and may be amended from time to time by
resolution of the Town Council. No certificate or permit shall be renewed unless full
payment has been made to the Town for the penalties due pursuant to this section.
Permits for taxicabs are valid for a period of one year from issuance, with no
renewal provisions. Applicants which who have held a permit for a one year period shall,
Ordinance No.25-2017 Page 11 of 20
to renew said permit, make an application pursuant to the provisions of this section and
shall be selected pursuant to the provisions of section 130-63.
Permits previously revoked shall not be renewed."
Section 12. Section 130-69. Inspection of vehicles, is hereby amended in the manner set
forth below:
Sec. 130-69. - Inspection of vehicles.
Each taxicab or limousine operated under terms of this article and under a certificate and
permit shall be certified by a qualified mechanic, as denied by the Town, upon application
euch vehicles driven under the certificate or permit. Evidence of compliance with this
question has pared the required county mechanical and safety inspection. In addition
thereto, the vehicle is required to submit to and pass an inspection by the Town as to the
general appearance of the vehicle. The appearance shall be required to be neat and
clean, and the vehicle shall not contain more than two signs visible on the outside of the
vehicle, which signs shall not be in excess of a total of 100 square inches. It shall be
unlawful for any vehicle operating under this article to be driven upon the streets of the
Town that does not have affixed thereto a valid and current insignia sticker issued by the
Town - . - - - - - -- _ - - • - - - - •- - • ••ee ' - • • - . Permits
shall be withheld for any vehicle which has not complied with the inspection process
described herein. In addition, there shall be a penalty per vehicle for noncompliance. The
Ordinance No.25-2017 Page 12 of 20
amount of the penalty per vehicle for noncompliance enumerated herein shall be
established by resolution of the Town Council and may be amended from time to time by
resolution of the Town Council. No certificate or permit shall be renewed unless full
payment has been made to the Town of the penalties due pursuant to this section. The
Town may rely upon evidence of inspections conducted and approved by Palm Beach
County to determine compliance with this section, except additional requirements of the
Town not otherwise required by the county shall also be met."
Section 13. Section 130-70. — Sale, assignment or transfer, is hereby amended in the
manner set forth below:
"Sec. 130-70. - Sale, assignment or transfer.
Except for certificates of public conveniencePermits for the operation of taxicabs
authorized by this division may not be sold, assigned, mortgaged, leased or otherwise
transferred. certificates of convenience and necessity and Ppermits for the operation of
limousinesrelating thereto issued prior to October 11, 2011 , authorized by this division,
may be sold, assigned, mortgaged, leased or otherwise transferred; however, all
applications for transfers of certificates or permits must be verified and contain all of the
same information required under the terms of this article for original application. The
application for transfer must state the date the transfer is to take place, the amount of
consideration therefor, and whether the transfer is by sale, gift, inheritance or otherwise,
together with the reason for the transfer. If the transfer is approved by the office of the
Town Manager, the transfer of either a certificate or a permit shall be accompanied by a
fee per permit. The amount of the transfer fee per permit enumerated herein shall be
established by resolution of the Town Council and may be amended from time to time by
Ordinance No.25-2017 Page 13 of 20
resolution of the Town Council."
Section 14. Section 130-71 . — Automobile liability insurance requirements, is
hereby rescinded in its entirety as noted below:
"Sec. 130 71. Automobile liability insurance requirement.
continued in operation unless there is in full force and effect an insurance policy for each
vehicle authorized in the amount of $1,000,000.00 combined single limit each accident
with an umbrella or excess coverage of $1,000,000.00 for limousine
for personal injury or accident; and $300,000.00 per occurrence; and $50,000.00 property
: ..'e,''!.•e e _ • _ _ - limit for taxicabs. The Town shall be endorsed as an
additional insured under the liability insurance required herein. The policy shall comply
with all requirements of the state. The policy shall inure to the benefit of any person who
negligence of a holder, his servants or agents. Satisfactory evidence of the required policy
thereon an insurance company authorized to do business in the state. A copy of the
certificate of insurance required under this section shall be led with the required
expires prior to the cessation of the validity of the certificate of public convenience and
necessity or permit issued by the Town. Evidence of renewal of the policy shall be led
Ordinance No.25-2017 Page 14 of 20
policy shall automatically revoke the certificate of public convenience and necessity or
permit issued under this section. All insurance policies provided under this section shall
be subject to review and approval of the Town."
Section 15. Section 130-72. — Suspension and revocation, is hereby amended in the
manner set forth below:
"Sec. 130-72. - Suspension and revocation.
(a) Certificates or pPermits issued under the provisions of this division may be revoked
or suspended if the holder thereof has:
(1) Violated any provisions of this article.
(2) Violated any of the ordinances of the Town, including this article, or laws of
the state, or the United States the violation of which reflect unfavorably on the fitness of
the holder to offer public transportation.
(3) Failed to render adequate, prompt and courteous service to the public to
such an extent as to warrant discipline by the Town Council.
(4) Had their Palm Beach County Vehicle for Hire permit suspended or
revoked.
(5) Operated a vehicle for hire in the Town during a time when the vehicle's
County permit was inactive.
{4) Pled guilty to or been convicted of within the past five years or currently has
pending any charges for crimes designated and listed under subsection 130 97(5).
(5) Been convicted of three moving traffic violations undcr the laws of the sta4c
during any 12 month period.
{6) Found guilty of three or more violations set forth in division 4 of this chapter.
Ordinance No.25-2017 Page 15 of 20
(b) Any person violating any provision of this article or any person found to have
obtained a _- • - _ e . : __ • - e permit by way of misrepresentation or
concealment shall be subject to having his certificate or permit revoked.
(c) Prior to suspension or revocation, the holder shall be notified at least seven days
prior to the proposed action to be taken and shall have an opportunity to be heard. A
hearing on suspension or revocation shall take place at a regularly scheduled meeting of
the Town Council or at a special meeting called for that purpose."
Section 16. Sections 130-96, 130-97, 130-98, and 130-99 of Division 3 relating to
Chauffer's permits, are hereby rescinded in their entirety as noted below:
"Sec. 130 96. Required.
Town a chauffeur's permit as set forth in this division. Any person being 18 ygars of ago
or older may make application to the Town for a chauffeur's permit.
Sec. 130 97. Application.
The application for a chauffeur's permit shall include the following:
(1) Proof that the applicant holds a valid Class A, B, C or D state driver's
license.
{2) A photograph of the applicant taken by the Town.
(3) The applicant's fingerprints procured by the Town.
{4) The name, address and phone number of the taxicab or limousine company
for which the applicant is working or proposes to work.
{5) An affidavit sworn to by the applicant that the applicant has not pled guilty
to nor been convicted of, within the past five years, nor does the applicant have any
Ordinance No.25-2017 Page 16 of 20
charges currently pending for any of the following:
a. Any crime designated as a felony;
e.
intoxicated;
c. Any crime involving the sale or possession of controlled substances as
defined by F.S. § 893.03, the Florida RICO Act;
d. Driving while intoxicated or under the influence of alcohol or other drugs;
e. Exposure of the sexual organs; and
f. Any crime denied under F.S. ch. 796, relating to prostitutes;
and that he has not been found guilty of more than three moving traffic violations under
the laws of the state within the immediately preceding 12 months prior to the date of
application. A fee per permit shall accompany the application. The amount of the permit
fee enumerated herein shall be established by resolution of the Town Council and may
be amended from time to time by resolution of the Town Council.
. °Z. ..
• - e - •- - e ee - • e •• - • . . - - • -e
moving traffic violations under the laws of the state within the immediately preceding 12
- - • -" - - - - e - . . . - - ••• - - •- - ,
any person issued a chauffeur's permit by the Town who subsequently pleads guilty to or
Ordinance No.25-2017 Page 17 of 20
permit under this section may appeal the denial to the Town Council in the same manner
as set forth in section 130 66 for denial of certificates of public convenience or permits.
Revocation shall occur as set forth in section 130 99.
Sec. 130 99. Suspension and revocation.
{a) A chauffeur's permit issued under the provisions of this division may be revoked
or suspended if the holder thereof has:
{1) Violated any provisions of this article.
the state, or the United States the violation of which reflect unfavorably on the fitness of
the holder to offer public transportation.
such an extent as to warrant discipline by Town Council.
{4) Pled guilty to or been convicted of within the past five ycgars or currently has
pending any charges for crimes designated and-listed under subsection 130 97{5).
(5) Been convicted of three moving traffic violations under the laws of the state
during any 12 month period.
subject to having his chauffeur's permit revoked.
{c) Prior to suspension or revocation, the holder shall be notified at least seven days
hearing on suspension or revocation shall take place at a regularly scheduled meeting of
Ordinance No.25-2017 Page 18 of 20
Section 16. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the provisions
of this Ordinance are hereby declared severable.
Section 17. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 18. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances
of the Town of Palm Beach.
Section 19. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
Ordinance No.25-2017 Page 19 of 20
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 9th day of August, 2017, and for second and
final reading on this 12th day •f August, 2017.
1.4. .1 &iwA! • ,ht..._4' .1, ''' //A-1
e/it L. Conigli., Mayor Richard M. Kleid, Town Council President
I-/ M-
A" ° "` _ Danielle H. Moore, Pr sident Pro em
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4 Ju - K, askap ow Coun f emb: r
ATTEST:--� ::bb.- Lindsay, o A ouncil :mber
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Gwendolyn Peirce Margar 4
Y g A. Zeid .n, Town Council Member
Acting Town Clerk
P:\DOCS\13156\00008\DOC\1 SS0461.DOCX
Ordinance No.25-2017 Page 20 of 20