Ordinance 05-2012 Taxicabs ORDINANCE NO. 5 -2012
AN EMERGENCY ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF PALM BEACH, PALM BEACH
COUNTY, FLORIDA, TEMPORARILY ABATING THE
PROVISIONS OF ORDINANCE NO. 25 -11, PROVIDING
THAT ALL PROVISIONS OF CHAPTER 130, ARTICLE ll,
RELATING TO TAXICABS AND LIMOUSINES, SHALL
REMAIN IN EFFECT; PROVIDING HOWEVER FOR A
PERIOD OF TIME UNTIL OCTOBER 1, 2012, TAXICABS
AS DEFINED HEREIN ARE HEREBY AUTHORIZED TO BE
OPERATED ONLY IN COMMERCIAL ZONING DISTRICTS
OF THE TOWN AND ONLY BETWEEN THE HOURS OF
9:00 P.M. TO 6:00 A.M. THE FOLLOWING DAY AND
SUBJECT TO ALL OF THE CRITERIA SET FORTH
HEREIN; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 11, 2011, the Town Council adopted Ordinance No. 25-
11, amending Chapter 130 of the Town Code of Ordinances relating to vehicles for hire,
in order to allow for the issuance of permits for the operation of taxicabs within
commercial zoning districts of the Town between the hours of 9:00 p.m. to 6:00 a.m.;
and
WHEREAS, the Town is in the process of examining alternative methods for the
regulation of taxicabs within the Town including, but not limited to, franchising; and
WHEREAS, the Town is not in a position to issue taxicab permits in a timely
manner as provided in Ordinance No. 25 -11 so as to allow for the operation of taxicabs
in the commercial areas during the 2012 season; and
WHEREAS, it has been determined by the Town's police department that for
public safety purposes, taxicabs should be allowed to operate in the commercial areas
of the Town subject to their meeting certain conditions and regulations; and
WHEREAS, it is determined to be an emergency to put in place regulations
relating to the operation of taxicabs; and
WHEREAS, the Town Council of the Town of Palm Beach wishes to abate the
amendments set forth in Ordinance No. 25 -11 relating to taxicabs thereby reverting to
the provisions of Chapter 130 relating to vehicles for hire as they existed prior to the
adoption of Ordinance No. 25 -11; and
WHEREAS, on a temporary basis the Town wishes to provide for the operation
of taxicabs on a limited basis as set forth herein for a period not to exceed six months
from the date of adoption of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Ordinance No. 25 -11 adopted October 11, 2011, is hereby abated
until October 1, 2012, or until said abatement is otherwise rescinded by the Town
Council.
Section 2. The provisions of Chapter 130 relating to vehicles for hire as they
existed prior to the adoption of Ordinance No. 25 -11 shall remain in full force and effect.
However, in addition to the provisions contained therein, the regulations set forth herein
shall apply.
Section 3. These provisions are temporary and shall sunset on October 1,
2012, unless rescinded prior to said date by the Town Council
Section 4. Definitions.
A. Taxicabs. For purposes of this ordinance, 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 6:00 a.m. of the following day and only in commercial zoning district of the
Town.
B. Prearranged charter. For purposes of this ordinance, prearranged charter
means a written or telephone reservation made for a taxicab which may or may not hold
a permit within the Town, made at least thirty 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 in the Town.
C. Cruising. For purposes of this Ordinance, cruising 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 of Palm Beach 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
Ordinance No. 5 -2012 Page 2 of 6
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 (3) or more
times during restricted hours as described in Section 5.
Section 5. Requirements for taxicab operation.
For a temporary period of time until October 1, 2012, or sooner if rescinded by
the Town Council, taxicabs may be operated within the commercial zoning districts of
the Town between the hours of 9:00 p.m. and 6:00 a.m. the following day subject
requirements set forth herein:
A. State driver's license. Each person who operates any vehicle for hire
within the Town shall possess a current and valid state driver's license
with a class appropriate for such vehicle.
B. State equipment and safety standards. Each vehicle for hire shall comply
with all equipment and safety standards contained in Florida Statute
Chapter 316 and any other applicable state law. No vehicle for hire shall
be operated with more passengers than the manufacturer's
recommendations for the maximum number of occupants.
C. Insurance. Each vehicle for hire shall be insured in the types and
amounts required by Florida Statute Chapter 324. Any vehicle for hire not
expressly identified in the insurance requirement provisions of Florida
Statute Chapter 324 shall be covered by insurance in the same types and
amounts as vehicles for hire identified by such Chapter.
D. Town registration. Each operator shall register with the Town providing
identifying information of the operator and the taxicab, along with driver's
license, proof of insurance, county permit and vehicle registration and tag
number. The registration fee shall be $100.00 to defray the cost of
registration. The registration decal shall be displayed prominently on the
lower left rear window of each taxicab at all times during operation within
the Town.
Section 6. Schedule of maximum fares.
A. The schedule of fares shall be posted in the interior and exterior of every
taxicab in such a manner as to be visible to passengers at all times. All taxicabs shall
be equipped with a meter which accurately registers the rates and fares posted. All
taxicabs are required to use the meter to determine all fares. The meter must be plainly
visible to allow the easy viewing of the meter rate display by the passenger.
Ordinance No. 5 -2012 Page 3 of 6
B. Upon request or any passenger paying a fare, police officer or other
designated Town official, a driver of a taxicab or other vehicle for hire shall provide a
receipt indicating the fare received, the date, receipt number, dispatch company and
driver's legibly printed name.
Section 7. Certain acts prohibited.
A. No driver shall solicit passengers for a taxicab except when sitting in the
driver's seat of such taxicab. The driver of any such taxicab shall remain in the driver's
compartment at all times when such vehicle is upon the public street.
B. No driver shall solicit passengers or attract their attention by calling or
using a horn, bell, whistle or other signal device for calling out for passengers.
C. Drivers of taxicabs shall not receive or discharge passengers in the
roadways, but shall pull up to the right hand sidewalk as nearly as possible. In the
absence of a sidewalk, the driver should pull over to the extreme right hand side of the
road and there receive and discharge passengers, except upon one way streets, where
passengers may be discharged on either the right or left hand sidewalk or side of the
road in the absence of a sidewalk.
D. No driver shall park or stand in any legal parking space within the Town
unless specifically designated as a taxi stand. Temporary taxi stands shall be
designated by the Town for this purpose.
E. No person shall engage in unnecessary repetitive driving, also known as
cruising, as defined herein while operating a taxicab and no owner of a taxicab shall
permit another to engage in cruising while operating a motor vehicle under his or her
care, custody and control after notice.
F. No taxicabs permitted hereunder shall have affixed thereto any sign,
placard or poster other than signs properly displayed on the vehicle designating the
name of the taxicab company and telephone number. In all cases, the markings shall
be lettered professionally, maintained in good condition, and not allowed to be
dilapidated.
Section 8. Condition of vehicle.
All vehicles shall be kept in a clean condition. Minimum standards of cleanliness
include, but are not limited to:
A. The interior of the vehicle (including the trunk) shall be kept free from all
waste paper, cans, garbage or any other item not intrinsic to the vehicle or to the
conduct of operating a taxicab;
Ordinance No. 5 -2012 Page 4 of 6
I
B. The interior of the vehicle (including the trunk) shall be kept free from all
dirt, grease, oil, adhesive resin or any other item which can be transferred onto the
person, clothing or possessions of a passenger by incidental contact.
C. The interior of the vehicle shall be kept free of any material which a
reasonable person would find noxious or unpleasant; and
D. The exterior of the vehicle shall be kept free from all dirt, grease, oil, or
any other substance besides water, which can be transferred onto the person, clothing
or possessions of a passenger by incidental contact.
E. The vehicle's body, fenders, doors, trim, grill and paint must be free from
cracks, dents, breaks, rust, or other body damage that detracts from the overall
appearance of the vehicle or could result in harm or injury to the passenger or his /her
personal belongings.
Section 9. Penalties.
Any person, operator or owner of a taxicab found in violation of any of the
provisions stated herein shall receive an initial written warning and subsequently be
subject to a penalty of $250.00 for a first offense and $500.00 for a second offense.
Upon nonpayment or upon a subsequent violation, the privilege of operating said
taxicab within the Town of Palm Beach shall be revoked.
Section 10„ 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 11. 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 temporarily repealed during the
effective dates of this ordinance.
Section 12. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Ordinance No. 5 -2012 Page 5 of 6
Section 13, Effective Date,
This Ordinance shall take effect immediately upon its passage and approval as C\-k's
provided by law.
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PASSED AND ADOPTED in a regular, ad�ourned session of the Town Council of®,,,..
the Town of Palm Beach on first reading this 16 day of February 2012 d-fw R&O.. v u
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G "il L. Coniglio, Mayo'/ (// David A. Rosow, Town Council President
obert N. ildric ,President Pro Tern
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i am iamond, Town Cou cil Member
ATTEST: Rich M. Kleid, Town Council Member
Susan A.` we �MC, wn Clerk Micha J. Pucillo Town Council Member
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Ordinance No. 5 -2012 Page 6 of 6