O#290ORDINANCE #290
AN ORDINANCE OF THE CITY OF BOYNTON BEACH
REGULATING AND LICENSING TAXICABS AND TAXI-
C~ DRIVERS AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BOYNTON BEACH, AS
FOLLOWS:
SECTION 1. DEFINITIONS:
(A) Certificate means a certificate of public convenience
and necessity issued by the authorizing the holder
thereof to conduct a taxicab business in the City of Boymton Beach.
(B) Cruising means the driving of a taxicab on the
streets, alleys, or pmblic places of the City ef Boynton Beach,
in search of, or soliciting prospective passengers for hire.
(C) Driver's License means the permission granted by
the to a person to drive a taxicab upon the
streets of the City of Boynton Beach.
(D) Holder means a person to whom a certificate of
public convenience and necessity has been issued.
(E) Manifest means a daily record prepared by a taxi-.
cab driver of all trips made by said driver showing time and place
of origin, destination, number of passengers, and the amount of
fare of each trip.
(F) Open stand means a public place alongside the cmrb
of a street or elsewhere, in the City of Boynton Beach, which
has been designated by the as reserved exclusive-.
ly for the use'of taxicabs.
(G) Person imcludes an individual, a corporation or
other legal entity, a partnership, and any uninc&rperated
association.
(H) Rate card means a card issued by the
for display in each taxicab which contains the rates of fare then
in force.
(I) Taxicab means a meter vehicle regularly engaged in
the business of carrying passengers for hire, having a seating
capacity of less than nine (9) persons and not operated on a fixed
route.
(J) 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.
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Page 2
SECTION 2.
CERTIFICATE OF P~LIC CONVENIENCE AND
NECESSiTT REQUIRED:
Nc person shall operate or permit a taxicab owned or
controlled by him to be operated as a vehicle for hire upon the
streets of the City of-Boymton Beach without having first ob-
tained a* certificate of pmblic convenience and necessity from
the City Council.
SECTION 3. APPLICATION FOR CERTIFICATE:
An application for a certificate shall be filed with
the City Council upon forms provided by the City of Boynton
Beach; and maid application shall be verified under oath and
shall furnish the following information:
(a) The name and address of the applicant.
(b) The experience of the applicant in the transporta-
tion of passengers.
(c) Any facts which the applicant believes tend to
prove that public convenience and necessity require the granting
of a certificate.
(d) The number of vehicles to be operated or controlled
by the applicant.
(e) Such further information as the City Council of
the City of Boynton Beach may rec~uire.
SECTION 4. ISSUANCE OF CERTIFICATE.
If the City Council finds that further taxicab service
in the City of Boynton Beach is required by the public convenience
and necessity and that the applicant~is fit, willing, a~d able to
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perform transportatl n and to conform to the provisions of this
ordinance and the rules promulgatedby the City Council, then the
City Council shall issue a certificate stating the name and address
of the applicant, the number of vehicles amthorizedunder said
certificate and the date of issuance; otherwise, the application
shall be dmnied.
In making the above findings, the City Council shall
take into consideration the nu~be~.of taxicabs already in opera-
tion, whether existing transportation is adequate to meet the public
need, the probable effect of increased service on local traffic
conditions, and the character, experience, and responsibility of
the applicant.
SECTION 5. LIABILITY INSURANCE REQUIRED.
No certificate of public convenience and necessity shall
be issued or continued in operation unless there is in ~ll force
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PaGe 3
and effect a Liability Insurance Policy for each vehicle authorized
in the amount of Five Thousand ($5,000.G0) Dollars for bodily
injury to any one person; in the amount of Ten Thousand ($10,080.08)
Dollars for injuries to more than one person which are sustained
in the same accident and Twenty Thousand ($20,000.0O) Dollars for
property damage resulting from any one accident. Said Liability
Insurance policy shall inure to the benefit of any person who. 1
shall be injured or who shall sustain damage to property proximate y
camsed by the neGliGence of a holder, his servants, or agents.
A copy of Liability Insurance policy shall be file i~ the offi.c~
of the City Clerk and insurance shall be with a company authorl-~ed
to do business in the State of Florida.
SECTION 6. LICENSE FEES:
No certificate shall be issued or continued in operation
unless the holder thereof has paid an annual license fee of
Dollars for the right to engage in the taxicab business and
dollars each year for~eaeh vehicle operated under a certificate
of public convenience and necessity. Said license fees shall be
for the calendar year and shall be in addition to any other
license fees or charges established by proper authority and
applicable to said holder or the vehicle or vehicles under his
operation and control.
SECTION 7. TRANSFER OF CERTIFICATES.
No certificate of public convenience and necessity
may be sold, arrived, or otherwise transferred without the
consent of the City Council who shall not unreasonably refuse
the right to transfer.
S-
SECTION_ _ $. SUSPENSION ~D REVOCATION OF CERTIFICATE.
A certificate issued under the provisions of this ordi-
na~uce may be revoked or suspended by the City Council if the holder
thereof has (a) violated any of the provisions of' this ordinamce,
(B) discontinued operations for more than five (5) days, (c) has
violated any ordinances of the City of Boynton Beach, or the .laws
of the United States or the State of Florida, the violations of
which reflect unfavorably on the fitness of the holder to offer
public transportation.
Prior to suspension or revocation, the holder shall be
Given notice of the proposed action to be taken and shall have
an opportunity to be heard.
SECTION~. TAXICAB DRIVER'S LICENSE:
No person shall operate a taxicab for hire upon the
streets of the City of Boynton Beach, and no person who owns or
controls a taxicab shall permit it to be sc driven, and no taxicab
Ordinance #290
Page 4
licensed by the City of Boynton Beach shall be so driven at
any time for hire, unless the driver of said taxicab shall
have first obtained and shall have then in force a chauffeur's
license issued by the State of Florida.
SECTION 10. POLICE INVESTIGATION OF APPLICANT -
TRAFFIC AND POLI~E RECORD:
The police department shall conduct an investigation
of each applicant for a taxicab driver's license and a report
of such investigation and a copy of the traffic and police
record of the applicant, if any, shall be attached to the
application for the consideration of the City Council.
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SECTION 1. CONSID~RATIO OF APPLICATION:
The City Council shall .upon consideration o'f the appli-
cation and the reports and certificate required to be attached
thereto shall approve or reject the application. If the appli-
cation is rejected, the applicant may request a personal appearance
before the City Council to offer evidence why his application
· d
should be reconsldere ·
SECTION 12.. DISPLAY OF LICENSE. Every driver licensed
under this ordznanc~ sh~alt oost his driver's license in such a
place as to be in full view of all passengers while such driver is
operat~ g a taxicab.
SECTION 13. DESIGNATION OF TAXICABS:
Each taxicab shall bear on the om~tside of each rear
door in painted letter not less than Three (3) inches in height
the name of the owner; and in addition, may bear an identifying
design approved by the City Council. No vehicle covered by the
terms of .this ordi~mnce shall be licensed whose color scheme,
identifying design, monogram, or insignia to be used thereon
shall, in the. opinion of the ~ty Council conflict with or imitate
any color scheme, identifying design, monogram er insignia meed
on a vehicle or vehicles already operating under the ordinance
in such a manner as to be misleading or tend to deceive or defraud
the public; and provided further, that if, after a license has
been issued for a taxicab hereunder, the~ color scheme, ~dent~fyl g
design, monogram, or insignia thereof is changed so as to be, in
the opinion of the City Council in conflict with or imitate any
color scheme, identifying design, monogram, or insignia used by
any other person, o~er or operator, in such a manner as to be .
mxsleads g er tend to deceive the public, the license of or cart
ficate covering such taxicab or taxicabs shall be suspended or
revoked.
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Page 5
SECTION l~. RATES OF FARE - RATE CARD RE.QUIRED:
No owner or driver of a taxicab shall charge a greater
sum for the use of a taxicab than in accordance with the following
rates:
(a) Mileage rates: Fifty cents ~($.50) for the first
one (1) mile or fraction thereof; Forty cents ($.40) for each
additional one (1) mile or fraction thereof.
E~ery taxicab operated under this ordinance shall have
a rate card setting forth the authorized rates of fare displayed
in such a place as to be in view of all passengers.
SECTION 15. RECEIPTS:
The driver of any taxicab shall upon demand by the
passenger render to such passenger a receipt for ~he amount
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charged, either by a mechanlcal~ y printed receipt or by a
specially prepared receipt on which shall be the name of the
owner, license number or motor number, amount of meter reading
or charges and date of transaction.
SECTION 16. REFUSAL OF PASSENGER TO PAY LEGAL FARE:
It shall be unlawful for any person to refuse' to pay the
legal fare of any of the vehicles mentioned in this ordinance
after having hired the same, and-it shall be unlawful for any
person to hire any vehicle herein defined with intent to deframd
the person from whom it is hired of the value of such service.
SECTION 17. SOLICITATION,. ACCEPTANCE AND DISCHARGE OF
PAo~ENGER :
(a) Solicitation of Pas.senge. Lrs by Driver. No driv. er
sha!l~ solicit pa~ssengers~for''a taxlca~ 'excePt-when 'sitting ~n the
driver's compartment of such taxicab or while standing immediately
adjacent' to the curb side thereof. The driver of any taxicab shall
remain in the driver's compartment or immediately adjacent to his
vehicle at all t.imes when such vehicle is ~pon the public street,
except that, when necessary a driver m.ayv be absent from his taxi-
cab for not more than consecut~ e minutes, and provided
further that nothin~ herein contained shall be held to prohibit
any driver from alighting to the~ street or sidewalk for the pur-
pose of assisting passengers into or: out of such va~icle.
(b) Prohibited So..l~cxtatlon. No driver shall solicit
patronage in a loud or annoying tone 6f voice or by sign or in
any manner annoy any person or obstruct 'the movement o.~ any per-
sons, or follow any person for the purpose of solicit~ g patronage.
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Page 6
(c) Receipt and Discharg9 of Passengers on Sidewalk
-On~y:
Drivers of taxicabs shall not receive or discharge
passengers in the roadway but shall pull up to the right-hand
sidewalk as nearly as possible or in the absence of a sidewalk
to the extreme right-hand side of the road and there receive or
discharge passengers, except upon one-way streets, where passen-
gers may he discharged at either the right or left-hand side-
walk, or side of the roadway in the absence of a sidewalk.
(d) Solicitation of Other Common Carrier Passengers
~ibi'~ed:
No driver, owner, or operator shall solicit passengers
at the terminal of any other common carrier, nor at any inter-
mediate points along any established route of any other common
carrier.
(e) Additional Passengers:
No driver shall permit any other person to occupy'or
ride in said taxicab, unless the person or persons first em-
ploying the taxicab shall consent to the acceptance of addi-
tional passenger or passengers. No charge shall be made for an
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additional passenger except when the addlt~ona passenger rides
beyond the previous passenger's destination and then only for
the additional distance so travelled.
(f) Restriction on Number of Passengers:
No driver shall permit more persons to be carried in
a taxicab as passengers than the rated seating capacity of his
taxicab. A child in arms shall not be counted as a passenger.
(g) Refusal to Carry Orderly Passengers Prohibited:
No driver shall refuse or neglect to convey any orderly
person or persons, upon request, unless previously engaged or un-
able or forbidden by the provisions of this ordinance to do so.
(h) Prohibitions of Drivers:
It shall be a violation of this ordinance for any driver
of a taxicab to solicit business for any hotel, or to attempt to
divert patronage from one hotel to another. Neither. shall, such
driver engage in sellzn~ intoxicating liquors or solzczt.business
for any house of ill repute or ~se his vehicle for any purpose
other than the transporting of passengers.
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Page 7
(i) Prohibition of Passenqers:
It shall be unlawful for the driver of any taxicab to
permit any person or persons to stand on the running board of such
vehicle while the same is in motion, and it shall be unlawful for
any person to ride on the running board of such vehicle when the
same is in motion.
SECTION 18. PROHIBITIONS OF OTHER VEHICLES:
Private or.other vehicles for hire shall not at any time
occupy the space upon the streets that has been established as
either open stands or call box stands.
SECTION 19. TAXICAB SERVICE:
All persons engaged in the taxicab business in the City
of Boynton Beach operating under the provisions of this ordinance
shall render an over-all service to the public desiring to use
taxicabs. Holders of certificates of public convenience and
necessity shall maintain a central place of bmsiness and keep the
same open twenty-four hours a day for the purpose of receiving calls
and dispatching cabs. They shall answer all calls received by
them for services inside the corporate limits of Boynton Beach as
soon as they can do se and if said services cannot be rendered
within a reasonable time they shall then notify the prospective
passengers how long it will be before the said call can be answered
and give the reason therefor. Any holder who shall refuse to accept
a call anywhere in the corporate limits of Boynton Beach at any
time when such holder has available cabs; or who shall fail or refuse
to give over~all service, shall be deemed a violator of this ordi-
nance and the certificate granted to such holder shall be revoked
at the discretion of the City Council.
SECTION 20. ~ANIIFESTS:
Every driver 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 by the driver
at the conclusion of his to~r of duty. The forms for each manifest
shall be furnished to the driver by the owner and shall be of a
character approved by the City Council.
Every holder of a certificate of public convenience and
necessity shall retain and preserve all driver's manifests in a
safe place for at least the calendar year next preceding the c~rrent
calendar year, and said manifests shall be availeb].e to the City of
Boynton Beach.
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Page 8
SECTION 21. HOLDER'S RECORDS AND REPORTS:
(a) Every holder shall keep accurate records of receipts
from operations, operating, and other expenses, capital expenditures,
and such other operating information as may be required by the City
Council. Every holder shall maintain the records containing such
information and other data required by this ordinance at a place
readily accessible for examination by the City Council.
(b) Every holder shall submit reports of receipts, expenses,
and statistics of operation to the City Council ~r each calendar year,
in accordance with a uniform system prescribed by the City Council.
Said reports shall reach the City Council on or before the 15th day
of June, of the year following the calendar year for which such reports
are prepared.
(c) All accidents arising from or in connection with the
in'
operation of taxicabs which result in death or Jury to any person,
or in damage to any vehicle or to any property in an amount exceeding
the sum of $50.00 shall be reported within twenty-four (24) ho~rs
from the time of occurrence to the Police Department in a form of
report to be furnished by said department.
(d) Service Contract Reports:
It shall be mandatory for all holders to file with the
City Council copies of all contracts, agreements, arrangements,
memoranda, or other writings relating to the furnishing of taxicab
service to any hotel, theatre, hall, public resort, railway station
or other place of public gathering, whether such arrangement is made
with the holder or any corporation, firm or association with which
the holder may be interested or connected. Failure to file such
copies within seven days shall be sufficient cause for the revocation
of a certificate of any offending holder or the cancellation of any
cab stand privileges.
SECTION 22. ADVERTISING:
Subject to the rules and re~lations of the City Co~ncit
it shall be la~l for any person owning or operating a taxicab
or motor v~cle for hire to permit advertising matter to be affixed to
or installed in or on such taxicabs or motor vehicles for hire.
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SECTION 23. POLICE Dn~ARTMENT. Duty to Enforce ~?dinance
The Police Department of the City of Boynton Beach is hereby
given the authority and is instructed to watch and observe the conduct
of holders and drivers operatin~ under this ordinance. Upon discovering
a violation of the provisions of this ordinance the Police Department
shall report the same to the City Council which will order or take
appropriate action.
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Page 9
SECTION 24. PENALTy.:
Any person violating any of the provisions of this ordinance
shall be deemed quilty of.~ misdemeanor and upon conviction thereof
shall be fined not exceedl q $500.00 or by imprisonment in the City.
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jail not exceedl g 90 days, or by both such fine and imprisonment
SECTION 25. SEVERABILITY
Each of the provisions of this ordinance are severab~e{n
and if any provision shall be declared to be invalid, the remalnl g
provisions shall not be affected but shall remain in full force a~d
effect.
SECTION 26. REPEALING PROVISION:
~11 ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed.
First reading this 19th day of November, 1956.
Second, final reading and passage ~his day of