Ordinance 13-2012 Vehicles for Hire ORDINANCE NO. 13-2012
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 130 OF THE TOWN CODE OF
ORDINANCES, VEHICLES FOR HIRE, AT ARTICLE II,
TAXICABS AND LIMOUSINES; AMENDING SECTION 130-
31, DEFINITIONS; AMENDING SECTION 130-33,
AMOUNTS, RECEIPT TO BE FILED, REGULATIONS;
INCLUDING A NEW SECTION 130-34, TAXI STANDS;
AMENDING SECTION 130-62, CONTENTS OF
APPLICATION; AMENDING SECTION 130-63, APPROVAL
OF APPLICATION, DENIAL; AMENDING SECTION 130-69,
INSPECTION OF VEHICLES; AMENDING SECTION 130- j
72, SUSPENSION AND REVOCATION; PROVIDING A
NEW DIVISION 4, OPERATIONAL CRITERIA, BY
INCLUDING A NEW SECTION 130-105, CERTAIN ACTS
PROHIBITED AND SECTION 130-106, CONDITION OF
VEHICLE; 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. the
following day; and
WHEREAS, on February 15, 2012, by adoption of Ordinance No. 5-2012, the
Town Council abated the amendments set forth in Ordinance No. 25-11, thereby
reverting to the provisions of Chapter 130 relating to Vehicles for Hire as said provisions
existed prior to the adoption of Ordinance No. 25-11; and
WHEREAS, on a temporary basis, by adopting Ordinance No. 5-2012, the Town
set forth provisions for the temporary operation of taxicabs, said Ordinance to sunset on
October 1, 2012, unless rescinded prior to said date by the Town Council; and
WHEREAS, it is the desire of the Town Council to rescind Ordinance No. 5-2012
and Ordinance No. 25-11 in their entirety so as to enact certain amendments to Chapter
130 in the manner and form set forth herein.
NOW, THEREFORE, 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, to read
as follows:
"CHAPTER 130
VEHICLES FOR HIRE
ARTICLE II. TAXICABS AND LIMOUSINES
DIVISION 1. GENERALLY
See. 130-31. Definitions.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Certificate of public convenience and necessity means the formal
written authority granted by the town under this article for the holder to
engage in the taxicab business or 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.
Chauffeur's permit means the written authority given by the town,
pursuant to the provisions of this article, or to any person to drive or
operate a permitted taxicab or limousine upon the public streets of the
town.
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 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 a
period of one hour or less.
Ordinance No.13-2012 Page 2 of 18
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 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 at least 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.
The 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.
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 10:00 p.m. to 4:00 a.m. of the following day.
Taxicabs permitted by the town may operate outside the hours specified
Ordinance No. 13-2012 Page 3 of 18
herein when operating on the private property of a hotel for the benefit of
hotel guests with the express permission of the hotel operator.
Sec. 130-32. Rates; schedule to be filed with town.
(a) All persons holding certificates or permits shall file with the
town annually a schedule of maximum taxicab fares and rates to be
charged by such persons under a certificate of public convenience and
necessity with the town, and this schedule shall at all times be on file with
the town. This schedule shall be subject to review by the town from time to
time for the purposes of determining whether the rates and fees are
reasonable and competitive with other prevailing rates within the county.
(b) Each certificate holder shall also maintain a currently
updated schedule of rates for public inspection at their designated offices.
Each permit holder shall maintain on board his permitted vehicle a
currently updated schedule of rates and produce the schedule on demand
of passengers or of prospective passengers. Failure of the certificate
holder or permit holder to maintain a schedule of rates, fares and charges
at the locations designated herein shall be grounds for revocation of the
certificate or permit.
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. 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.
(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.
(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.
Ordinance No. 13-2012 Page 4 of 18
(d) List of drivers. Holders of certificates of public convenience
and necessity shall file with the town, on an annual basis, by September 1
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, 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.
Sec. 130-34. Taxi stands
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 certificate of public convenience and necessity
shall not entitle the holder to an on-street stand.
Sec. 130-35. Article provisions not deemed franchise.
Nothing contained in this article shall be construed as a franchise or
to give any vested rights to any operator of taxicabs or limousines, and the
right to amend or repeal this article is expressly reserved.
Sec. 130-36. Penalties.
Any person who shall violate any of the terms, provisions or
conditions of this article shall, upon conviction thereof, be punished as
provided in section 1-14. In addition thereto, the town council may, after
hearing, but within its discretion, revoke any certificates of convenience
and necessity or permits issued under this article.
Ordinance No.13-2012 Page 5 of 18
DIVISION 2.
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY AND PERMIT
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
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.
Sec. 130-62. Contents of application.
(a) An application for a certificate of public convenience and
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:
(1) The name and address of the applicant and the names and
addresses of its officers, directors and stockholders holding
more than ten percent of the stock of the company, if any.
(2) The name of the applicant's business, business location,
business mailing address and business phone number.
(3) The number of taxicabs or limousines for which permits are
requested under the certificate, if the certificate is granted.
(4) The trade name under which the business will operate and
the telephone number which will be used by customers to
contact the business for service.
Ordinance No. 13-2012 Page 6 of 18
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(5) The names, addresses and telephone numbers of at least
three references who have knowledge of the applicant's
standing and reputation in the community.
(6) The financial statement of the applicant, including the
amounts of any and all unpaid judgments against the
applicant and the nature of the transaction or acts giving rise
to such judgments, and a statement as to whether or not the
applicant has filed for bankruptcy within five years prior to
the application.
(7) The experience of the applicant in the transportation of
passengers.
(8) Any facts the applicant believes tend to prove that public
convenience and necessity require the granting of a
certificate.
(9) The location of the stands, if any, whether off-street or on-
street that will be used to exercise the certificate.
(10) An agreement on the part of the applicant to conform with
and abide by all ordinances of the town whether such
ordinances may have been theretofore enacted or may
thereafter be enacted, and by the laws of the state and the
United States.
(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.
(12) A list of the names and addresses and telephone numbers of
all persons who would be driving vehicles under the permits
if granted.
(13) A demonstration of the need for the number of permits
applied for.
(14) Such further information as the town council or town
manager may require.
(15) Completed and certified vehicle inspection checklist.
Ordinance No. 13-2012 Page 7 of 18
(b) The applicant shall submit as attachments to the application
such documents as shall show compliance with the following terms and
conditions:
(1) Insurance certification providing that the applicant has met
the insurance requirements of this article,
(2) An affidavit sworn to by the applicant that no person, officer
or stockholder making application for permit has neither pled
guilty to nor been convicted, within the past five years, or
has pending charges for any of the following:
a. Any crime designated as a felony;
b. Any crime involving the sale or possession of
controlled substances as defined by F.S. § 893.03,
the Florida RICO Act;
C. Exposure of the sexual organs; and
d. Any crime defined under F.S. ch. 796 relating to
prostitution.
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(c) In the event it is determined by review of the town that an
applicant for a certificate of public convenience and necessity and a permit
or permits thereunder have by virtue of a permit received from Palm
Beach County met all of the requirements for the contents of application
with the town the town may rely upon 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 the requirements for the county permit shall be provided as required
in this section.
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
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 10:00 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
Ordinance No. 13-2012 Page 8 of 18
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.
Sec. 130-64. Permit fee.
(a) Upon issuance of permits, the permittee shall pay a permit
fee for each 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.
Sec. 130-65. Ineligible recipients.
No permit will be issued to any person or to any business or
company who has or whose officers or stockholders have been convicted
within the past five years of or have pending charges for any of the
following:
(1) Any crime designated as a felony;
(2) Any crime involving the sale or possession of controlled
substances as defined by F.S. § 893.03, the Florida RICO
Act;
(3) Exposure of the sexual organs; and
(4) Any crime defined under F.S. ch. 796, relating to prostitution.
Ordinance No. 13-2012 Page 9 of 18
Sec. 130-66. Appeal upon denial of permit.
If a permit is denied to an applicant by the town, any person having
had a permit denied may appeal to the town council by filing notice thereof
with the town clerk within 30 days from the time of such denial.
Sec. 130-67. Town council to determine the number of certificates of
public convenience and permits available.
The town council may address upon its own initiative, or shall
address upon the receipt of applications for certificates of public
convenience and/or permits over and above the amount available, 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 the number of permits or
certificates of public convenience 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 the applicant for the increased permits (if any) and to all other
persons to whom certificates of public convenience and necessity have
been theretofore issued. 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, 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.
(4) The character, experience and responsibility of the applicant.
(5) Such other factors as the town council finds to be relevant.
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. 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
Ordinance No. 13-2012 Page 10 of 18
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.
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
defined by the town, 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 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. 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.
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;
Ordinance No.13-2012 Page 11 of 18
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 by 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 resolution of the town council.
Sec. 130-71. Automobile liability insurance requirement.
No certificate of public convenience and necessity or permit shall
be issued or 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. 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 shall be injured or who shall sustain damage to
property proximately caused by the negligence of a holder, his servants or
agents. Satisfactory evidence of the required policy in the form of a
certificate of insurance acceptable to the town shall be filed with the
required application for a certificate of public convenience and shall have
as insurer thereon an insurance company authorized to do business in the
state. A copy of the certificate of insurance required under this section
shall be filed with the required application for a certificate of public
convenience and necessity or permit and at any time before expiration of
the policy should the certificate of insurance indicate that the policy
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 filed with the town prior to the respective
expiration dates. Failure to maintain and renew the 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.
Sec. 130-72. Suspension and revocation.
(a) Certificates or permits issued under the provisions of this
division may be revoked or suspended if the holder thereof has:
(1) Violated any provisions of this article.
Ordinance No. 13-2012 Page 12 of 18
(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) Pled guilty to or been convicted of within the past five years
or currently has pending any charges for crimes designated
and listed under section 130-97(5).
(5) Been convicted of three moving traffic violations under the
laws of the state during any 12-month period.
(6) Found guilty of three or more violations set forth in Division 4
of this Chapter.
(b) Any person violating any provision of this article or any
person found to have obtained a certificate of public convenience or
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.
DIVISION 3.
CHAUFFR'S PERMIT
Sec. 130-96. Required.
Operators of vehicles permitted under this article shall have first
obtained from the town a chauffeur's permit as set forth in this division.
Any person being 18 years of age 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:
Ordinance No.13-2012 Page 13 of 18
(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 charges currently
pending for any of the following:
a. Any crime designated as a felony;
b. Any crime involving the sale or possession of
controlled substances as defined by F.S. § 893.03,
the Florida RICO Act;
C. Driving while intoxicated or under the influence of
alcohol or other drugs;
d. Exposure of the sexual organs; and
e. Any crime defined 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.
(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.
Sec. 130-99. Conviction of certain crimes.
If at the time of application for chauffeur's permit it is determined
that the applicant has pled guilty to or has been convicted of any of the
crimes listed in section 130-97(5), within the five years preceding the
Ordinance No.13-2012 Page 14 of 18
application, has been found guilty of three moving traffic violations under
the laws of the state within the immediately preceding 12 months, or has
charges currently pending against him for any of the offenses listed in
section 130-97(5), the applicant shall not be issued a chauffeur's permit.
Additionally, any person issued a chauffeur's permit by the town who
subsequently pleads guilty to or is convicted of any of the above
referenced offenses during the time the chauffeur's permit is in effect shall
have his permit revoked. Any person having been denied a chauffeur's
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.
(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 town
council.
(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 section 130-97(5).
(5) Been convicted of three moving traffic violations under the
laws of the state during any 12-month period.
(b) Any person violating any provision of this article or any
person found to have obtained a chauffeur's permit by way of
misrepresentation or concealment shall be subject to having his
chauffeur's 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
Ordinance No. 13-2012 Page 15 of 18
take place at a regularly scheduled meeting of the town council or at a
special meeting called for that purpose.
DIVISION 4.
OPERATIONAL CRITERIA
Sec. 130-105. 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 u to the right hand sidewalk as near) as
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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 may 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.
Sec. 130-106. Condition of vehicle.
All vehicles shall be kept in a clean condition. Minimum standards
of cleanliness include, but are not limited to:
Ordinance No. 13-2012 Page 16 of 18
(1) 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;
(2) 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.
(3) The interior of the vehicle shall be kept free of any material
which a reasonable person would find noxious or
unpleasant.
(4) 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.
(5) 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 2. 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 3. 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 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Ordinance No. 13-2012 Page 17 of 18
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, ad�ourned session of the Town Council of
the Town of Palm Beach on first reading this 11t day of July, 2012, and for second and
final reading on this 14th day of August, 2012.
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*1 - . niglio, Mayor DaVi' A. Rosow, Town Council President
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V(oildri , President em
amon d, T n ouncil Member
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ATT ES' Richa-d M. Kleid, Town Council Member
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`S`us "an 9-OwE(n , MMC, Town Clerk aiJ. Pucil o, o n Council Member
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Ordinance No. 13-2012 Page 18 of 18