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Ordinance 25-2011 Vehicles for Hire' ORDINANCE NO. 25 -2011 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 RELATING TO VEHICLES FOR HIRE; AMENDING SECTION 130 -31 RELATING TO DEFINITIONS; AMENDING SECTION 130 -33 RELATING TO AMOUNTS, RECEIPT TO BE FILED, REGULATIONS; AMENDING SECTION 130 -34 RELATING TO TAXI STANDS BY DELETING SAID SECTION IN ITS ENTIRETY; AMENDING SECTION 130 -61 RELATING TO REQUIRED PERMITS; AMENDING SECTION 130 -62 RELATING TO CONTENTS OF APPLICATION; AMENDING SECTION 130 -63 RELATING TO APPROVAL OF APPLICATION AND PROVIDING FOR 25 TAXICAB PERMITS; AMENDING SECTION 130 -64 RELATING TO PERMIT FEES; AMENDING SECTION 130 -68 RELATING TO ANNUAL RENEWAL OF PERMIT; AMENDING SECTION 130 -69 RELATING TO INSPECTION OF VEHICLES; AMENDING SECTION 130 -70 RELATING TO SALE, ASSIGNMENT OR TRANSFER, SO AS TO PROVIDE TAXICAB PERMITS ARE NOT ASSIGNABLE OR TRANSFERABLE; AMENDING SECTION 130 -97 RELATING TO APPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article 11, Taxicabs and Limousines; Division 1, Generally; Section 130 -31, Definitions; by providing additional definitions for Limousine, Prearranged Charter and Taxicabs in the manner and form following Sec. 130-31. Definitions. "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 seating accommodations for not more than sixteen (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. "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 at least thirty (30) minutes 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. j The thirty (30) minute 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 of Palm Beach. "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 6:00 p.m. to 6:00 a.m. of the following day." Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; Division 1, Generally; Section 130 -33, to read as follows: "Sec. 130 -33. Amounts; receipt to be filed; regulations. (a) Schedule of maximum rates. Rates on file with the town and in other places enumerated herein shall be the maximum rates to be charged passengers by any certificate holder under this article. i (b) Receipts. Certificate holders operating taxicabs or limousines under this article are required to deliver to the passenger or passengers of each such vehicle, upon request, a receipt for each fare collected from such passenger or passengers. Such receipts shall show the point of origin, termination of the trip, the day and approximate hour of the trip, and the amount of fare charged and collected therefor. Ordinance No. 25 -11 Page 2 of 9 (c) Exemptions. The terms and provisions of this section shall not be deemed or held to apply to established and authorized bus lines within the town. (d) List of drivers. Holders of certificates of public convenience and necessity shall file with the town manager, on an annual basis, in October of each year, a list of all drivers employed by the holder. In addition, it shall be the responsibility of holders of certificates of public convenience to report, in writing, to the town manager, any changes which occur to said lists of drivers when the change occurs. In the event the holder 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 certificate of public convenience and necessity shall pay to the town a cash penalty for each event of noncompliance. The amount of the cash penalty 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 shall be renewed unless full payment has been made to the town of the penalties due pursuant to this section." i Section 3. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; j Division 1, Generally; by deleting Section 130 -34 in its entirety. Section 4. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; Division 2, Certificate of Public Convenience and Necessity and Permit; Section 130 -61, I i to read as follows: "Sec. 130 -61. Required; permits under common ownership of certificate holder; revocation. It shall be unlawful for any person to operate any motor vehicle for hire in the town other than as otherwise authorized by law, or for any person to engage in the business of operating taxicabs or limousines on the highways of the town, or to operate any taxicab or limousine for the transportation of persons for compensation on any highway in the town without first having obtained from the town a certificate of public convenience and necessity and permits as provided in this division. It shall be unlawful and a violation of this article for a certificate holder to employ Ordinance No. 25 -11 Page 3 of 9 a taxicab or limousine operator not qualified under this article. Further, the certificate of title to all vehicles for which permits are granted shall be under the common ownership of the applicant for the certificate of public convenience and necessity. This section shall not apply to prearranged charters." Section 5. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; Division 2, Certificate of Public Convenience and Necessity and Permit; Section 130 -62, paragraph (a); by amending subparagraph (11) and by including a new subparagraph (15) to read as follows: Sec. 130 -62. Contents of application. (a) An application for a certificate of public convenience and j necessity and a permit or permits thereunder shall be filed with the town manager upon forms provided by the town, and the application shall be verified under oath and shall furnish the following information: * ** i "(11) The capacity, make, model, vehicle identification number, title number and state license plate number, and further description for each vehicle to be permitted under the certificate." "(15) Completed and certified vehicle inspection checklist." Section 6. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; Division 2, Certificate of Public Convenience and Necessity and Permit; Section 130 -63 to read as follows: "Sec. 130 -63. Approval of application; denial. 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 Ordinance No. 25 -11 Page 4 of 9 initial 25 taxicab permits will be issued on a lottery basis. Taxicab permits are only valid for use in the town from 6:00 p.m. to 6:00 a.m. the following day and for travel only in commercially zoned districts within the town. If the town finds that the applicant favorably meets the criteria stated in section 130 -62, the application shall be approved and a certificate of public convenience granted along with the permits applied for thereunder, subject, however, to the availability therefor. If it is found that the applicant does not favorably meet the criteria stated in section 130 -62, 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." Section 7. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; Division 2, Certificate of Public Convenience and Necessity and Permit; Section 130 -64 to read as follows: "Sec. 130 -64. Permit fee. (a) Upon issuance of permits, the permittee shall pay a permit fee for each permit as follows: i (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." i Section 8. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; Ordinance No. 25 -11 Page 5 of 9 Division 2, Certificate of Public Convenience and Necessity and Permit; Section 130 -68 to read as follows: "Sec. 130 -68. Annual renewal of permit. Certificates and permits may be renewed as a matter of right upon application duly filed with the town manager. Renewal of certificates of 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 limousine permits are 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 of the penalties due pursuant to this section." Section 9. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; Division 2, Certificate of Public Convenience and Necessity and Permit; Section 130- 690 to read as follows: i "Sec. 130 -69. Inspection of vehicles. i Each taxicab or limousine operated under terms of this article and under a certificate and permit shall be certified by a qualified mechanic upon application for an initial certificate and permit, and upon annual renewal of same, as to the safety of such vehicles driven under the certificate or permit. Evidence of compliance with this section will be noted on the application and on the application for the renewal. 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 Ordinance No. 25 -11 Page 6 of 9 issued by the town and placed on the lower left -hand side of the rear window of the vehicle. 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 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." Section 10, The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; Division 2, Certificate of Public Convenience and Necessity and Permit; Section 130 -70 to read as follows: i I "Sec. 130 -70. Sale, assignment or transfer. Except for certificates of public convenience for the operation of taxicabs authorized by this ordinance which may not be sold, assigned, mortgaged, leased or otherwise transferred, certificates of convenience and necessity and permits relating thereto issued prior to October 11, 2011, 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 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 b fee permit. The amount of the transfer fee per permit p Y per p p p 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." Section 11. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 130, Vehicles for Hire; Article II, Taxicabs and Limousines; Division 3, Chauffer's Permit; Section 130 -97, item (6) to read as follows: Ordinance No. 25 -11 Page 7 of 9 i Sec. 130 -97. Application. The application for a chauffeur's permit shall include the following: "(6) 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." Section 12. 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 13. Repeal of Ordinances in Conflict. j 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 14. Codification. This Ordinance shall be codified and made a part of the official Code of I Ordinances of the Town of Palm Beach. i Section 15. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as i provided by law. Ordinance No. 25 -11 Page 8 of 9 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 13 day of September 2011, and for second and final reading on this 11 day of October 2011. G IZ Coniglio, Mayo David A. Rosow, Town Council President i 'N _ 1 R Wert N 'Idn , Council President Pro Tem 1 William J. Piamond, Town Council Member K ID ; tAT , E T-- !' Richard . Kleid, Town Council Member I Susan A. Owens, Town Clerk c J. Pucillo, To C Mi ouncil Member n:ItgbVnisc120111orslordinance 25-11 chapter 130 red finaLdoc i i I Ordinance No. 25 -11 Page 9 of 9