Loading...
BOYNTON.24 Chapter 24 TAXICABS Sec. 24 - 1. Definitions. or fault of a passenger or passengers. (Code 1958, § 27 - 1) As used in this chapter: Certificate means a certificate of public Sec. 24 - 2. Enforcement. convenience and necessity issued by the city authorizing the holder thereof to conduct a taxicab The police department of the city is hereby given business in the city. the authority and is instructed to watch and observe the conduct of holders and drivers operating under Cruising means the driving of a taxicab on the this chapter. Upon discovering a violation of the streets, alleys or public places of the city in search of, provisions of this chapter the police department shall or soliciting, prospective passengers for hire. report the same to the city council which will order or take appropriate action. (Code 1 958, § 27 - 23) Driver's permit means the permission granted by the city to a person to drive a taxicab upo n the streets of the city. Sec. 24 - 3. Certificate of public convenience and necessity required. Holder means a person to whom a certificate of public convenience and necessity has been issued No person shall operate or permit a taxicab pursuant to this chapter. owned or controlled by him to be operated as a vehicle for hire upon the streets of the city without Manifest means a daily record prepared by a having first obtained a certificate of public taxicab driver of all trips made by said driver convenience and necessity from the city council. showing the time and place of origin, destination, (Code 1958, § 27 - 2) number of passengers, and the amount of fare of each trip. Sec. 24 - 4. Certificate application; information Open stand means a public place alongside the required. curb of a street or elsewhere, in the city, which has been designated by the city as reserved exclusively An application for a certificate of public for the use of taxicabs. convenience and necessity shall be filed with the city council upon forms provided by the city; such Rate card means a card issued by the city for application shall be verified under oath and shall display in each taxicab which contains the rates of furnish the following information: fare then in force. Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seatin g capacity of less than nine (9) persons and not operated on a fixed route. 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 a d d r e s s o f t h e a p p l i c a n t . ( b ) T h e e x p e r i e n c e o f t h e y f a c t s w h i c h t h e a p p l i c a n t b e l i e v e s t e n d t o p r o v e t h i n g o f a c e r t i f i c a t e . ( d ) T h e n u m b 1 Boynton Beach Code 2 controlled by the applicant. (b) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be (e) Such further i nformation as the city council taken and shall have an opportunity to be heard. may require. (Code 1958, § 27 - 3) (Code 1958, § 27 - 6; Ord. No. 85 - 45, Attach. (b), 8 - 20 - 85) Sec. 24 - 5. Certificate Issuance; factors to be considered. Sec. 24 - 8. Liability insurance required. (a) If the city council finds that further taxicab No certificate of public convenience and service in the city is required by the public necessity shall be issued or continued in operation convenience and necessity and that the applicant is unless there is in full force and effect a liability fit, willing, and able to perform transportation and to insurance policy for each vehicle authorized in the conform to the provisions of this chapter and the amount of five hundred thousand dollars rules promulgated by the city council, then the city ($500,000.00) combined single limit covering bodily council shall issue a certificate stating the name and injury per person; bodily injury per accident; and address of the appl icant, the number of vehicles property damage per occurrence. Said liability authorized under said certificate and the date of insurance shall inure to the benefit of any person who issuance; otherwise, the application shall be denied. shall be injured or who shall sustain damage to property proximately caused by the negligence of a (b) In making the above findings, the city holder, his servants, or agents. A copy of the liability council shall take into consideration the number of insurance pol icy shall be filed in the office of the taxicabs already in opera tion, whether existing city's occupational license administrator and transportation is adequate to meet the public need, the insurance shall be with a company authorized to do probable effect of increased service on local traffic business in the State of Florida. (Code 1958, § 27 - 7; conditions, and the character, experience, and Ord. No. 85 - 45, Attach. (b), 8 - 20 - 85; Ord. No. 91 - 7, responsibility of the applicant. (Code 1958, § 27 - 4) § 1, 2 - 19 - 91 ) Sec. 24 - 6. Certificat e transfer. Sec. 24 - 9. License fees prerequisite to continuance of certificate. No certificate of public convenience and necessity may be sold, assigned or otherwise No certificate of public convenience or necessity transferred without the consent of the city council, shall be continued in operation unless the holder which shall not unreasonably refuse the right to thereof has paid an annual license fee as provided in transfer. (Code 1958, § 27 - 5) Chapter 13 of this Code f or the right to engage in the taxicab business. Such license fees shall be for the license year and shall be in addition to any other Sec. 24 - 7. Certificate suspension and license fees or charges established by proper authority revocation. and applicable to the holder of the vehicle or vehicles under his operation and control. (Code 1958, § 27 - 8) (a) A certificate of public convenience and Cross reference - Taxicab license fee, § 13 - necessity issued under the provisions of this chapter 22(792). may be revoked or suspended by the city council if the holder thereof has (a) violated any of the provisions of this chapter , (b) discontinued operations Sec. 24 - 10. Certain agreements to be furnished for more than five (5) days, or violated any to council. ordinances of the city, or the laws of the United States or the State of Florida. It shall be mandatory for all holders to file with the city council copies of all contracts, ag reements, Taxicabs 3 arrangements, memoranda, or other writings relating Sec. 24 - 14. Reserved. to the furnishing of taxicab service to any hotel, theater, hall, public resort, railway station or other Editor's note — Section 1 of Ord. No. 97 - 56, place of public gathering, whether such arrangement adopted January 6, 1988, repealed former § 24 - 14, is made with the holder or any corporation, firm or pertaining to driver's permits and derived from Code association with which the holder may be interested 1958, § 27 - 11. or connected. Failure to file such copies within seven (7) days shall be sufficient cause for the revocation of a certificate of any offending holder or the Sec. 24 - 15. Reserved. cancellatio n of any cab stand privileges. (Code 1958, § 27 - 21) Editor's note — Section 1 of Ord. No. 97 - 56, adopted January 6, 1988, repealed former § 24 - 15, per taining to driver's permits and derived from Code Sec. 24 - 11. Driver to have chauffeurs license. 1958, § 27 - 12. No person shall operate a taxicab for hire upon the streets of the city and no person who owns or Sec. 24 - 16. Business records required. controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at Every holder shall keep accurate records of any time for hire, unless the driver of the taxicab receipts from operations, operating and other shall have first obtained and shall have then in force a expenses, capital expenditures, and such other chauffeur's license issued by the State of Florida. operating i nformation as may be required by the city (Code 1958, § 27 - 9) council. Every holder shall maintain the records State law reference - Similar provisions, containing such information and other data required chauffeurs' licenses required, F.S. § 322.01(7). by this chapter at a place readily accessible for examination by the city council. (Code 1958, § 27 - 21) Sec. 24 - 12. Reserved. Sec. 24 - 17. Annual reports required. Editor's note — Section 1 of Ord. No. 97 - 56, adopted January 6, 1988, repealed former § 24 - 12, Every holder shall submit reports of receipts, pertaining to driver's permits. expenses and statistics of operation to the city council for each calendar year, in accordance with a uniform system prescribed by the city council. Such reports Sec. 24 - 13. Investigation of taxi cab driver's shall reach the city council on or before the fifteenth criminal and driving record; vehicle day of June, of the year following the calendar year inspection. for which such reports are prepared. (Code 1958, § 27 - 21) (a) Each taxicab business shall submit to City, at application for a certificate of public convenience and necessity and upon request, a certified copy of Sec. 24 - 18. Service generally; hours of each driver's criminal and driving re cord. (b) A safety inspection by the Public Works Department of each taxicab vehicle operating in the city shall be conducted on an annual basis. (Code 1958, § 27 - 10; Am. Ord. No. 97 - 56, § 2, 1 - 6 - 98) n All persons engaged in the , taxicab business in response to calls. the city operating under the provisions of this chapter 1998 S - 8 Boynton Beach Code 4 shall render an over - all service to the public desiring Sec. 24 - 20. Rates of far e established. to use taxicabs. Holders of certificates of public convenience and necessity shall ma intain a central No owner or driver of a taxicab shall charge a place of business and keep the same open twenty - greater sum for the use of a taxicab than one dollar four (24) hours a day for the purpose of receiving and twenty - five cents ($1.25) for the first one - fifth calls and dispatching cabs. They shall answer all calls mile or fraction thereof, and twenty - five cents ($0.25) received by them for services inside the corporate for each additional one - fifth mile or fraction thereof; limits of the city as soon as the y can do so and if said and the charge for waiting time shall be twenty - five services cannot be rendered within a reasonable time cents ($0.25) per every seventy - five (75) seconds or they shall notify the prospective passengers how long fraction thereof. (Code 1958, § 27 - 14; Ord. No. 79 - it will be before the call can be answered and give the 25, § 1, 9 - 4 - 79; Ord. No. 86 - 15, § 1, 8 - 19 - 86) reason therefor. Any holder who shall refuse to accept a call anywher e in the corporate limits of the city at any time when such holder has available cabs; Sec. 24 - 21. Rate card r equired. or who shall fail or refuse to give over - all service, shall be deemed a violator of this chapter and the Every taxicab operated under this chapter shall certificate granted to such holder may be revoked at have a rate card setting forth the authorized rates of the discret ion of the city council. (Code 1958, § 27 - fare displayed in such a place as to be in view of all 19) passengers. (Code 1958, § 27 - 14; Ord. No. 79 - 25, § 1, 9 - 4 - 79) Sec. 24 - 19. Marking, designation of vehicles. Sec. 24 - 22. Duty to giv e receipts. Each taxicab shall bear on the outside of each rear door in painted letters not less than three (3) The driver of any taxicab shall upon demand by inches in height the name of the owner, and in the passenger render to such passenger a receipt for addition, may bear an identifying design approved by the amount charged, either by a mechanically printed the city council. No vehicle covered by the terms of receipt or by a specially prepared receipt on which this chapter shall be licensed whose color scheme, shall be the name of the owner, licen se number or identifying design, monogram, or insignia to be used motor number, amount of meter reading or charges thereon shall, in the opinion of the city council and date of transaction. (Code 1958, § 27 - 15) conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating in the city in such a Sec. 24 - 23. Refusal of passenger to pay; intent to manner as to be misleading or tend to deceive or defraud. defraud the public; and provided further, that if, after a lic ense has been issued for a taxicab hereunder, the It shall be unlawful for any person to refuse to color scheme, identifying design, monogram, or pay the legal fare of any of the vehicles mentioned in insignia thereof is changed so as to be, in the opinion this chapter after having hired the same, and it shall of the city council in conflict with or imitate any be unlawful for any person to hire any vehicle herein color scheme, identifying design, monogram or defined with intent to defraud the person from whom insig nia used by any other person, owner or operator, it is hired of the value of such service. (Code 1958, § in such a manner as to be misleading or tend to 27 - 16) deceive the public, the license or certificate covering such taxicab or taxicabs shall be suspended or revoked. (Code 1958, § 27 - 13) Sec. 24 - 24. Manifests required. 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 Taxicabs 5 and amount of fare, and all such completed manifests be discharged at either the right - or left - hand shall be returned to the owner by the driver at the conclusion of his tour 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 current calendar year, and such manifests shall be available to the city. (Code 1958, § 27 - 20) Sec. 24 - 25. Drive r to stay with vehicle. No driver shall solicit passengers for a taxicab except when sitting in 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 times when such vehicle is upon the public streets, except that, when necessary a driver may be absent from his taxicab for not more than thirty (30) consecutive minutes, and provided further tha t nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle. (Code 1958, § 27 - 17) Sec. 24 - 26. Offensive solicitation of passengers. No driv er shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patrons. (Code 1958, § 27 - 17) Sec. 24 - 27. Manner of re ceiving or discharging passengers. 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 ro ad and there receive or discharge passengers, except upon one - way streets where passengers may sidewalk, or side of the roadway in the absence of a sidewalk. (Code 1958, § 27 - 17) Sec. 24 - 28. Soliciting com mon carrier passengers. No driver, owner or operator shall solicit passengers at the terminal of any common carrier, nor at any intermediate points along any established route of any common carrier. (Code 1958, § 27 - 17) Sec. 24 - 29. Taking additional passengers. No driver shall permit any other person to occupy or ride in a taxicab, unless the person first employing the taxicab shall consent to the acceptance of the additional passenger or passengers. No charge shall be made for an additional passen ger except when the additional passenger rides beyond the previous passenger's destination and then only for the additional distance so travelled. (Code 1958, § 27 - 17) Sec. 24 - 30. 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. (Code 1958, § 27 - 17) Sec. 24 - 31. Refusal to carry orderly passengers. No driver shall refuse or neglect to convey any orderl y person upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. (Code 1958, § 27 - 17) Sec. 24 - 32. Soliciting passengers for hotels, prostitutes, alcoholic beverages; misuse of vehicle. It shall be a violation of this chapter 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 selling intoxicating liquors or solicit business for any house Boynton Beach Code 6 of ill repute or use his vehicle for any purpose other than the transporting of passengers. (Code 1958, § 27 - 17) Sec. 24 - 33. Advertising in or on vehicles. Subject to the rules and regulations of the city council it shall be lawful for any person owning or operating a taxicab or motor vehicle for hire to permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire. (Code 1958, § 27 - 22) Sec. 24 - 34. Restricted use of stands. Priva te 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. (Code 1958, § 27 - 18)