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ORDINANCE NO. O4-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING CHAPTER 24. OF THE CODE OF
ORDINANCES ENTITLED "TAXICABS", AND CREATING
A REVISED CHAPTER 24. ENTITLED "VEHICLES FOR
HIRE"; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, in conjunction with the Land Development Regulation update currently
in progress, the Department of Development has reviewed the existing Code of Ordinances
chapter related to Taxicabs, and determined that as written, the intent of this code is no longer
broad enough to encompass the numerous modes of transportation services available to the
general public; and
WHEREAS, in an effort to better define and regulate Vehicles for Hire, staff has
undertaken a comparative analysis of neighboring communities along with an evaluation of
the goals of the Community Redevelopment Agency in revitalizing our downtown area; and
WHEREAS, upon recommendation of staff, the Commission has determined that
broader regulations allowing for alternative modes of transportation, including trolley and
non-motorized vehicles, are appropriate at this time; and
WHEREAS, the City Commission deems it appropriate and in the best interests of
the citizens and residents of the City of Boynton Beach, to amend Chapter 24 of the Code of
Ordinances entitled "Taxicabs"; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clause is true and correct and is now ratified and
confirmed by the City Commission.
Section 2. That Chapter 24, Part II of the Code of Ordinances is hereby amended by
adding the words and figures in underlined type and by deleting the words and figures in
struck-through type, as follows:
PART II CODE OF ORDINANCES
Chapter 24 TAYJCAE$ 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
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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 occupational
license. 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, co¢oration, pannership, or other business entity to w~om a
whom the City issues an occupational license 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:
includine 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 desio, qned to be propelled by humans
and/or animals which do not also have eno~ines or motors installed, including, but not limited
to, rickshaw, animal-drawn vehicle, bicycle or other opened or closed vehicle with two or
more wheels, pedicab or pedestrian cab.
"--'t:' ............... ~- t-' .....t-" ......... e, ....................... e Sg*,;'
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Operator means any person owning, leasine 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.
rates cf fare then in force.
Taxicab means a motor vehicle regularly engaged in the business of carrying
passengers for hire not operated on a fixed route, having seakiBg accommodations for not
more than the number of passengers~_inc'ludine 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.
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.
Sec. 24-2. EnforcementCompliance.
(a) The operation of a vehicle for hire within and upon the streets of the City shall be
subiect 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 occupational license 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 amended.:
(6) Motor vehicles used exclusively in transpm~ting children to and from
school/daycare~.
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(7)
(8)
Motor vehicles whose .primm'v business is transporting passengers to
and/or from airports located outside the City limits of Boynton Beach.
Out-of-county origin exception. Nothing in this Chapter shall prohibit
discharge within the City of any passenger, lawfully picked up in
another count',/and lawfully transported into the City. Any passenger
lawfully picked up in another 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, round-
trip 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 Occupational License is obtained. This
exemption is not applicable to scheduled discharge locations, such as
bus terminals.
Compliance with Palm Beach County Code of Ordinances, Chapter 19, as may be amended
from time to time is required in order to obtain an occupational license from the City and to
receive an annual renewal of the City's occupational license.
(b) Non-motorized vehicles:
(1)
(2)
(6)
Non-motorized vehicles shall not be operated on any sidewalk:
Animal waste generated by non-motorized vehicles shall be
immediately disposed of in a sealed container by the vehicle driver.
Non-motorized Yehicles shall comply with posted regulations for
stopping and standine. Non-motorized vehicles may not stop or stand
in on-street spaces reserved for bus or trolley stop~
Non-motorized vehicles may use available public parking spaces for
stopping or standine but shall comply with posted time requirements
and are subiect to tJcketine for failure to comply with such
requirements;
There shull be a passenger visible location provided in the vehicle for
the public vehicle's driver's Palm Beach County Identification to be
clisplaved.
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 sale. tv laYx. s:
(1) Every vehicle for hire company shall be responsible for ensuring that
each vehicle in its employ complies with applicable state and federal
laws. rule0, regulations, and standards reaardine 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 o'f each vehicle inspected, the
date of the inspection, the nature of any deficiencies or defects
discovered, remedial action or service performed, and the name of the
inspector. All information so required shall be typewritten or printed
_legi blv_.~
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(2)
(3)
The city may require additional inspections of any vehicle for hire to
enforce the provisions of this section. Such inspections shall be
conducted bv persons qualified to perform the inspection requested.
A vehicle lbr him which fails to meet the operatin_o and safety
requirements of F.S. § 316 or other applicable law, role. or re,oulation
shall not be operated for the transportation of passengers for hire until
the defect or deficiency has been rectified. In no case shall an unsafe
(4)
vehicle for hire be operaled upon the streets, roads, and highways of
the city.
All vehicle for hire drivers must display, in a conspicuous location
visible to passengers, their Palm Beach County issued driver's
identification card.
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 Occupational License, 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".
(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.
'the ..,.n~ a,.~....-..~....c ~h,~ ~:.., ;o ~.~.., ,~: .... .~. .... .~,..4~ .... a :~ :.~......,~a te watch
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 ChapteE.
(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 can'ied. The manifest
shall be available for the inspection by the Police Department of the
City at all times and shall be kep~ available for a period of not less than
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one year._
(3) Fail to report prcnnptlv alt accidents to the Police Department.
(4) Fail to report to the Occupational License division of the City any
changes in driver status within five working days.
(5) Fail to give a receipt for 'lares when requested by passengers.
(6) __Operate a vehicle for hire for mom than 12 hours of any continuous
24-hour period.
(7) Operate any vehicle for him while any article is on. upon or attached to
the running board, fender, hood or door thereof. All articles and
(8)
I_~agga~e or bicycles cra'tied by vehicles under this Chapter shall be
wholN within such vehicle, except that transporting of
ba_omt~c/bicycles securely fastened in baggage/bicycle racks safely
attached to any licensed vehicles shall be a permissible practice.
Leave unattended while parked, any animal used for an animal-drawn
vehicle for hire,
Sec. 24-5.
Occupational
-- --vt- ......... , require~.Vehicle for Hire
License
(a)
An application for .....
.............. ~ ............... j a vehicle
for hire occupational license shall be filed with the appropriate City
department city council upon forms provided by the city; such application
shall be verified umter-oa~and shall furnish the following information:
(1) The name ~-'~ ~'~'~ .....~ *~- .... u~, Th,- ppli
.................... m- ............ a cant's name and name
under which the applicant is providing the vehicle for him se~ice;
applicant's local business address;
........................... j .~ ........ ~ ........ ~ ~. ~ ce cate.
number, make, model, ye~ of manufacture, and specific color scheme
of each vehicle for hire operated by the applicant.
~vv ............ vehicle identification number and license tag for each
vehicle for hire operated by the applicant.
(5) Proof of liability insurance as required by this Chapter.
(b) Each applicant for a vehicle for hire occupation~ license 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 CounW Code of Ordinances, as ma~ be mended kom time to time.
The applicant shall provide copies of each identification badge for each of the
applicant's drivers along with a cu~ent and valid chauffeur's driver's license to
the City upon receipt kom Palm Beach County, within 7 worhng days of the
issuance of a City Occupational License or an occupational license application
renewal to the City's Occupational License Office~Any changes to driver's
status shall be repoged to the City's Occupational License Office within ten
(10) worhng days of the status change.
(__c) The City may deny or revoke an occupational license issued to an applicant for [
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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)
An occupational license shall only be valid for the vehicle for him person or
company to which the City issues the occupation license. The license is
transferable; however, any change in name or business structure, must meet all
requirements of this Chapter.
Sec. 24-68. Vehicle Safety and Operational Requirements.
Each applicant for a vehicle for hire occupational license 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.
All .,~l.;.-la¢ ..... .~,a.q {-.,, ,-k= v,~ ..... ,,. ...... ol/._,,..~,u,"] 0
~,,;...~; .... n,~.~.-, .,,.,a .......... t~ record
Sec. ?. 6. Cexificate transfer.
fight to transfer. (Ccde.'958, ~ ,,°v
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Sec. 24-78. Liability insurance required.
The City shall not issue an occupational licensel*'T~-,,, ,~,~o~"'a:;-"'~..,,~.,.~ .~.~c w~-~-''~u ........ ~,., ~..~,,~; ....
............. ~ be ...... Eor shall a vehicle for hire business be pe~itted to continued 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 doll,s ($5~,~.~) combined single
limit covering bodily injury per person; bodily inju~ per accident; and prope~y dmage per
occu~ence. S~d liability insurance shall inure to the benefit of any person who shall be
injured or who shall sustain damage to prope~y proximately caused by the negligence of a
holder, his secants, or agents. A copy of the liability insurance policy shall be ~
submitted to the City's Occupational License Office at the time of application or renewal of
the applicant's occupational license, in th~ ~mc~ cf the city's ........ ;~-~' '; .....
administrator and insurance shall be with a company authorized to do business in the State of
Florida. (Code ,n~..o~, ~ 27 7; n~a~. ~.~. ~ a~,_., . .~.~.,.A .... ~ ~/, S ~°n ~,~' n~a~. ~.~To. al. ~,, ~ .,~ 2 .~l°
Sec. 24-89. License fees prerequisite to continuance of operation.
An individual, or company shall not be permitted to operate a vehicle for hire
business within the CityNo ~'*;~;~*~ Ac ~,.r.~; ........ ; ............ ;.., ~.~n ,. .... ~; .... ,4
~ unless the t,addedndividual or company thereof bas paidpays ~mth~e annual
occupational license fee as provided in Chapter 13 of this Code for the right to engage in the
vehicle for hire taxicab business. Such occupational license 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. (-gore
C'%s r~fer~"ce Taxicab '; ..... fee, § 13
Sec. 24-914. Driver to have chauffeurs license.
NoA person shall not operate a ........ vehicle for hire upon the streets of the ~City
and nog person who owns or controls a taxicabvehicle for hire shall not permit i~the vehicle
for hire to be so driven within the City, and ~ tax~cabvehicle for hire, licensed by the city~
shall not be~ dhven at any time for hire, unless the ~ver of the t~icabvehicle for hire s~all
~btains~ and holds and shall have then in force a cu~ent and valid chauffeur's
license issued by the State of Florida. All driver's licenses for all drivers of vehicles for hire
shall be submitted by the applicant to the City's Occupational License ~ Office a~
the time the individual or business applies for or renews their occupational license, and
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throughout the year. All City Occupational License applicants shall supply copies of the Palm
Beach County issued Driver's Identification Badge, satisfying the requirements pursuant to
Chapter 19, Sections 19-221, Palm Beach County Code of Ordinances, as may be amended
from time to time. rr-^a~ ,~Q "7 m
State law reC~nc~ c;~;,., provisions,
Sec. 24 16. Business records required.
e~,o ~n ~.-, A.-Ua] ...... required
Every. ..................... ~ v ...........
21)
~ ~a ~ ~ e ....; ......... u.,. k ...... · ..... *;"- response to calls
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Sec. 24-10gg. Duty to give receipts.
........ vehicle for hire shall: upon demamtrequest by 0aea
The driver of any ,~v;,.~, ·
passenger: r-emtefl0rovide to suchthe 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, occupational license number: or motor number, amount of meter reading or total
charges., and date of transaction,t~w~r'~a= -~,~ nq~ § .,9'~ 15)
Sec. 24-11g-3. 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 fo__rr
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.~..,~r'~ ~..~,n~> § .,~'~ ..,)~ ,~
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Sec. 24-12-24. 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, his tour of duty. The forms
for each manifest shall be furnished to the driver by the owner of the vehicle for hire. and
o.,.-~'~n ~..~... v.^~' a.. ~'..~..~,,.· ~vv..'.'-~'~ ~'"vv *~'~.......v"" ........ .... ....... a Every holder of an occupational license
.~.~:c: ..... c ~..~.n ........ : ...... ~ necessity shall retain and preserve all driver's manifests
in a safe place for at least one hbo-calendar yeaL ......... '~;~ '~' ....... · -~'~ ....... and
such manifests shall be available to the eCity upon request.~.........rr'~'~ .~o,~,~ n<o § ~,'~'~ --~"ax
out cf such veh~:le. (Code 1958, ~ 27
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Sec. 24-13-30.
Number of passengers.
NoA driver of a vehicle for hire shall not permit more persons to be carried in the vehicle
for hire.a taxicab as passengers~ than the rated seating capacity of the vehicle for hire.
......... rr~.~ ~o~ § o7 !7)
his taxicab. A child ~n ...... shall not be counted as ~ p~ooen~r., ......... ,
Section 3. Each and every other provision of the Land Development Regulations
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING thiso~O day of ~ X>f'-i I ,2004.
!
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SECOND, FINAL READING AND PASSAGE this ___
I%"[ ,~ "~ ,2004.
1
ATTEST:
JClerk
day of
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
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