Boynton24 Chapter 24
VEHICLES FOR HIRE
Sec. 24-1. Definitions.
As used in this chapter:
Advertising shall mean vehicle overlays, attached or painted signage, as regulated by City of Boynton Beach Land Development Regulations, Chapter 21, any written statement made in connection
with the solicitation by vehicle for hire business and includes without limitation, statements or representations made in a newspaper, "Yellow Pages" or other publication, or on radio,
television or contained in any notice, handbill, business card, sign, catalog, billboard, brochure, poster or letter.
Applicant shall mean any person who applies for a vehicle for hire business tax receipt. In the case of partnerships, associations, corporations and other legal entities, "applicant"
shall also mean any member of a partnership and the corporate officers and directors.
Compensation shall mean a return in money, property, or anything of value for the rendition of vehicle for hire services.
County Business Permit shall mean the grant by Palm Beach County to operate one (1) vehicle for hire not subject to reciprocity, upon the streets of the County.
Cruising means the driving of a taxicab on the streets, alleys or public places of the City in search of, or soliciting, prospective passengers for hire.
Driver means an individual who operates or is in actual physical control of a public vehicle.
Holder means a person, corporation, partnership, or other business entity to whom the City issues a business tax receipt to operate a vehicle for hire business.
Jitney shall mean any non-metered vehicle for hire which may or may not operate a regular intervals over a designated route, and which fixed fares or rates may be charged for services.
Limousine means any chauffeur-driven, non-metered passenger vehicle for hire, including, but not limited to, modified-for-the-purpose luxury limousines or full-sized luxury sedans,
providing seating accommodations for not more than the number of passengers, including the driver, specified by the vehicles manufacturer, whose 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, with a minimum rental period of one (1) hour.
Manifest means a daily record prepared by a vehicle for hire driver of all trips made by said driver showing the time and place of origin, destination, number of passengers, and the
amount of fare of each trip.
Non-motorized vehicle means vehicles for hire designed to be propelled by humans and/or animals which do not also have engines or motors installed, including, but not limited to, rickshaw,
animal-drawn vehicle, bicycle or other opened or closed vehicle with two (2) or more wheels, pedicab or pedestrian cab.
Operator means any person owning, leasing or controlling a vehicle for hire. An operator may or may not be a driver.
Public vehicle means taxicabs, vans, limousines and non-motorized vehicles for the transportation for hire of passengers where new fares begin within the City limits of Boynton Beach.
Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, having seating accommodations for not more than the number of passengers, including
the driver, specified by the vehicles manufacturer.
Vehicle for hire driver's identification badge (I.D. badge) shall mean a permit issued by Palm Beach County, authorizing the holder thereof to utilize the vehicle for hire described
in said permit for the transportation of passengers as authorized pursuant to this Article.
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Waiting time means the time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the
taxicab is not in motion if due to any cause other than the request, act
or fault of a passenger or passengers.
(Code 1958, § 27-1) (Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-2. Compliance.
(a) The operation of a vehicle for hire within and upon the streets of the City shall be subject to the conditions, restrictions, and regulations set forth in this Chapter. It shall
be unlawful to operate any vehicle for hire within and upon such streets without first obtaining the appropriate City business tax receipt for the operation of a vehicle for hire. The
provisions of this Chapter, however, shall not apply to the following:
(1) Vehicles operated by a governmental agency;
(2) Vehicles tendering transportation services not for compensation;
(3) Vehicles owned and operated by hotels, motels, churches, private clubs and organizations, or other such entities, which provide transportation services for their guests/members
only, for which the guest/member does not incur a separate charge;
(4) Discharge within the regulatory purview of this Chapter of a passenger picked up pursuant to legal authority in either another municipality or another county;
(5) Operation of motor vehicles for the transportation of passengers, not for compensation, between the vicinity of their residences and the vicinity of their places of work, in an
arrangement commonly known as a "car pool" or
"van pool", and exclusive ride-sharing vehicles as defined in F.S. § 341.031.(9), as amende
d.;
(6) Motor vehicles used exclusively in transporting children to and from school/daycare;
(7) Motor vehicles whose primary business is transporting passengers
to and/or from airports located outside the City limits of Boynton Beach;
(8) Out-of-county origin exception. Nothing in this C
hapter shall prohibit discharge within the City of any passenger, lawfully picked up in anot
her county and lawfully transported into the City. Any passenger lawfully picked up in anoth
er county, transported to, and discharged at any location within the City, may be picked up
at the discharge location so long as the transportation is part of a prearranged, roundtrip
fare (evidenced by written manifest or load ticket.) Additional passengers may not be picked
up at the discharge point unless a valid City of Boynton Beach Business Tax Receipt is obta
ined. This exemption is not applicable to scheduled discharge locations, such as bus termina
ls.
Compliance with Palm Beach County Code of Ordinances, Chapter 19, as may be amended from time to time is required in order to obtain a business tax receipt from the City and to receive
an annual renewal of the City's business tax receipt.
(b) Non-motorized vehicles:
(1) Non-motorized vehicles shall not be operated on any sidewalk;
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(2) Animal waste generated by non-motorized vehicles shall be immediately disposed of in a sealed container by the vehicle driver.
(3) Non-motorized vehicles shall comply with posted regulations for stopping and standing. Non-motorized vehicles may not stop or stand in on-street spaces reserved for bus or trolley
stops;
(4) Non-motorized vehicles may use available public parking spaces for stopping or standing but shall comply with posted time requirements and are subject to ticketing for failure
to comply with such requirements;
(5) There shall be a passenger visible location provided in the vehicle for the public vehicle's driver's Palm Beach County Identification to be displayed;
(6) Non-motorized vehicles are limited to the City's Community Redevelopment Area and shall not transgress streets other than those permitted within the district.
(c) Compliance with state, federal safety laws:
(1) Every vehicle for hire company shall be responsible for ensuring that each vehicle in its employ complies with applicable state and federal laws, rules, regulations, and standards
regarding motor vehicle safety equipment and devices. Every vehicle for hire company shall cause every vehicle that it owns, leases or controls to be inspected at least annually to ensure
that each such vehicle complies with F.S. Ch. 316. The vehicle for hire company shall maintain a permanent registry containing information on the identity of each vehicle inspected,
the
date of the inspection, the nature of any deficiencies or defects discovered, remedial acti
on or service performed, and the name of the inspector. All information so required shall be
typewritten or printed legibly.
(2) The City may require additional inspections of any vehicle for hire to enforce the provisi
ons of this section. Such inspections shall be conducted by persons qualified to perform the
inspection requested.
(3) A vehicle for hire which fails to meet the operating and safety requirements of F.S. Ch. 316 or other appli
cable law, rule, or regulation shall not be operated for the transportation of passengers fo
r hire until the defect or deficiency has been rectified. In no case shall an unsafe vehicle
for hire be operated upon the streets, roads, and highways of the City.
(4) All vehicle for hire drivers must display, in a cons
picuous location visible to passengers, their Palm Beach County issued driver's identificati
on card.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-06)
Sec. 24-3. Advertising.
(a) It shall be unlawful for any vehicle for hire company to advertise vehicle for hire services and/or transportation services without obtaining and maintaining a current and valid
vehicle for hire City of Boynton Beach Business Tax Receipt, Palm Beach County business permit and Palm Beach County vehicle decal(s) pursuant to the provisions of this Article. Any
advertisements of any vehicle for hire business shall clearly and conspicuously disclose the vehicle for hire Palm Beach County business permit number. The permit number shall be preceded
by "PBC".
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(b) With the exception of limousines and executive sedans, each vehicle for hire shall clearly display on the exterior of the driver and passenger side of the vehicle, letters at least
two (2) inches high and in contrasting colors, the vehicle for hire company's name, telephone number and Palm Beach County business permit number. The permit number shall be preceded
by "PBC".
(c) All taxicabs shall conspicuously advertise their meter rates on the exterior of the vehicle and metered drop rate must match the advertised rate.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-4. Prohibited conduct of public vehicle drivers.
(a) It shall be unlawful for any driver of a public vehicle to:
(1) Violate any of the terms, provisions or directions of this Chapter;
(2) Fail to keep a written manifest of all trips, which record shall give information as to the time of each trip, the starting and ending point of each trip, together with the number
of persons carried. The manifest shall he available for the inspection by the Police Department of the City at all times and shall be kept available for a period of not less than one
(1) year.
(3) Fail to report promptly all accidents to the Police Department.
(4) Fail to report to the Business Tax Receipt division of the City any changes in driver status within five (5) working days.
(5) Fail to give a receipt for fares when requested by passengers.
(6) Operate a vehicle for hire for more than twelve (12) hours of any continuous 24-hour period.
(7) Operate any vehicle for hire while any article is on, upon or attached to the running board, fender, hood or door thereof. All art
icles and baggage or bicycles carried by vehicles under this Chapter shall be wholly within
such vehicle, except that transporting of baggage/bicycles securely fastened in baggage/ bic
ycle racks safely attached to any licensed vehicles shall be a permissible practice.
(8) Leave unattended while parked, any animal
used for an animal-drawn vehicle for hire.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-5. Vehicle for hire business tax receipt.
(a) An application for a vehicle for hire business tax receipt shall be filed with the appropriate City department upon forms provided by the City; such application shall be verified
under oath and shall furnish the following information:
(1) The applicant's name and name under which the applicant is providing the
vehicle for hire service;
(2) The applicant's local business address;
(3) The number, make, model, year of manufacture, and specific color scheme of each vehicle for hir
e operated by the applicant;
(4) The vehicle identification number and license tag for each vehicle for hire operated by the applican
t;
(5) Proof of liability insurance as required by this Chapter.
(b) Each applicant for a vehicle for hire business tax receipt shall employ only those drivers who have been issued a vehicle for hire Palm Beach County driver's identification badge
pursuant to Chapter 19, Section 19-217, Palm Beach County Code
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of Ordinances, as may be amended from time to time. The applicant shall provide copies of each identification badge for each of the applicant's drivers along with a current and valid
chauffeur's driver's license to the City upon receipt from Palm Beach County, within seven (7) working days of the issuance of a City Business Tax Receipt or a business tax receipt application
renewal to the City's Business Tax Receipt Office. Any changes to driver's status shall be reported to the City's Business Tax Receipt Office within ten (10) working days of the status
change.
(c) The City may deny or revoke a business tax receipt issued to an applicant for vehicles for hire, if it is determined that the applicant has misrepresented, omitted, or concealed
a fact on the application, renewal application, or replacement application. The applicant shall be given written notice of the proposed action to be taken and shall have the opportunity
to appeal the revocation to the City Manager.
(d) A business tax receipt shall only be valid for the vehicle for hire person or company to which the City issues the business tax receipt. The license is transferable; however, any
change in name or business structure, must meet all requirements for this Chapter.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-6. Vehicle safety and operational requirements.
Each applicant for a vehicle for hire business tax receipt shall comply with the vehicle safety requirements pursuant to Chapter 19, Sections 19-218 and 19-219, Palm Beach County Code
of Ordinances, as may be amended from time to time.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-7. Liability insurance required.
The City shall not issue a business tax receipt nor shall a vehicle for hire business be permitted to continue in operation unless there is in full force and
effect a liability insurance policy for each vehicle authorized in the amount of five hundred thousand dollars ($500,000.00) combined single limit covering bodily injury per person;
bodily injury per accident; and property damage per occurrence. Said liability insurance 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. A copy of the liability insurance policy shall be submitted to the City's Business Tax Receipt Office
at the time of application or renewal of the applicant's business tax receipt, and insurance shall be with a company authorized to do business in the State of Florida.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-8. License fees prerequisite to continuance of operation.
An individual or company shall not be permitted to operate a vehicle for hire business within the City unless the individual or company pays the annual business tax receipt fee as provided
in Chapter 13 of this Code for the right to engage in the vehicle for hire business. Such business tax receipt fees shall be for the license year and shall be in addition to any other
license fees or charges established by proper authority and applicable to the holder of the vehicle or vehicles under his operation and control.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-9. Driver to have chauffeurs license.
A person shall not operate a vehicle for hire upon the streets of the City and a person who owns or controls a vehicle for hire shall not permit the vehicle for hire to be driven within
the City, and a vehicle for hire, licensed by the City, shall not be driven at any time for hire, unless the driver of the vehicle for hire obtains and holds a current and valid chauffeur's
license issued by the State of Florida. All driver's licenses for drivers of vehicles for hire shall be submitted by the applicant to the City's Business Tax Receipt Office at the time
the individual or business applies for or renews their business tax receipt, and throughout the year. All City Business Tax Receipt
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applicants shall supply copies of the Palm Beach County issued Driver's Identification Badge, satisfying the requirements pursuant to Chapter 19, Section 19-221, Palm Beach County Code
of Ordinances, as may be amended from time to time.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-10. Duty to give receipts.
The driver of any vehicle for hire shall, upon request by a passenger, provide to the passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially
prepared receipt on which shall be the name of the owner, business tax receipt number, amount of meter reading or total charges, and date of transaction.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-11. Refusal of passenger to pay; intent to
defraud.
It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles for hire mentioned in this Chapter after having hired the same, and it shall be unlawful for
any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service.
(Ord. No. 04-029, § 2, 5-4-04)
Sec. 24-12. Manifests required.
Every driver of a vehicle for hire shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and
amount of fare, and all such completed manifests shall be returned to the owner of the vehicle for hire by the driver at the conclusion of the driver's workday. The forms for each manifest
shall be furnished to the driver by the owner of the vehicle for hire. Every holder of a business tax receipt shall retain and preserve all driver's manifests in a safe place for at
least one (1)
calendar year, and such manifests shall be available to the City upon request.
(Ord. No. 04-029, § 2, 5-4-04; Ord. No. 06-096, § 2, 1-2-07)
Sec. 24-13. Number of passengers.
A driver of a vehicle for hire shall not permit more persons to be carried in a vehicle for hire as passengers, than the rated seating capacity of the vehicle for hire.
(Ord. No. 04-029, § 2, 5-4-04)
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