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HomeMy WebLinkAbout1959-12-21 (140) Regulation of Taxicabs ? a y ORDINANCE NO. '11O AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, / y a FLORIDA, PROVIDING FOR THE .LICENSING AND REGULATING OF .THE OPERATIONS OF TAXICABS WITHIN THE CORPORATE LIMITS .OF .ZEPHYRHILLS, 2 2 i / I FLORIDA;. PRESCRIBING -THE QUALIF.I CATIONS OF I I ' TAXICAB DRIVERS; AND GRANTING.A FRANCHISE.. AS TO THE OPERATION .OF TAXICABS WITHIN THE CORPORATE LIMITS. OF ZEPHYRHILLS,. FLORIDA,. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS . .F ORI DA: i.. SECTION. 1. Definition• of. Taxicab: The term ,taxicab as used h rein shall, be construed . to to include every -motor vehicle. of seven (7) passenger capacity or less- engaged ..in..the general. transpor-tati ; o persons for hire, not on a. regular.. schedule_ or. between. fixed terminals. .or over regular. routes, but_--over the. streets generally of the City o£ Zephyrhills, Florida; _with occasional. trips- beyond the boundary of said city. , SECTION 2. . Annual License:. .. It shall be unlawful for any. p rson, firm or corporation to operate taxicabs as herein defined wiJthin the corporate limits f • City Florida, orpor a mit o the lzty of Zephyrhills, without having first .procured_ a license therefor. and .paid an annua license tax of $10.00 per taxicab, which said license shall be issued by the City Clerk of the City of. Zephyrhills upon. .payment of the aforesaid fee or license , tax ,and. upon compliance .with the o er conditions herein made prerequisite to the issuance of such license. Such.. license ;shall- be for the period of . time from Octobe first to. September.. thirtieth each..year, and..such ..license shall be s bject to. revocation by.. resolution. of. the. City Council of the City of Zephyrhills upon.::affirmative proof.- of the violation of a y provision of .this ordinance. . SECTION 3. - Qualifications -of Drivers: .(a) It shall be unlawful to drive, or operate any taxi-. cab within the corporate limits of the City of Zephyrhills unless, t e driver shall first have obtained a permit from the City Counci of the City of Zephyrhills, or from the City Clerk of the said cit - a said Council's direction; which said permit shall contain the s id driver' s name and photograph, and which shall be visible: in . -1- fl 'r th taxicab at all times;' Such permit shall. be for .the period of ti e from October first to September thirtieth each year, and the fee therefor shall be $1.00 per year. '. . (b) Before such .permit- to drive a taxicab is given, the applicant shall submit his written application to the City Council which application shall state,' among other thingsz : ' (1) name; . (2) age; (3) race; (4) color;, (5) applicant's place of residence.; (6) type, date and place of issuance, and number of applicant's driver's license; (7') a statement as to whether or not the applica t -is addicted to drugs or indulges in the use of intoxicating liquor to excess; (8),.a statement as to' Whether or not. .the applicant ,has ben convicted of any crime .or misdemeanor- relating' todrunkenness or use. .of.:.-intoxicating liquors, or involving moral turpitude; and (9 such other statements. as the City Council may. f rom. time to tine determine, touching upon:- the- applicantts moral fitness or qualifications as a taxicab driver.' (c) No'-permit .to drive .a taxicab shall be issued to any applicant who shall, in the, opinion of the City .Council, lack the ne essary skill and ability to operate a taxicab in a safe and ca eful manner; nor to any applicant who indulges in the excessive use of any intoxicating liquors, spirits or beverages, or who is - a rug addict, or who has been found guilty by any court of any cr'me • or misdemeanor involving drunkenness,. intoxicating liquors, or moral turpitude. The City Council shall have the right to refu e to approve the application of any applicant for a permit to drive a taxicab for any of the "reasons. se!, forth in- this. sub-paragraph, or for inability to meet any other standards which the said Counci ma from time to time establish. ' (d) The City Council shall have the right to revoke . any pe mit to drive a taxicab of any driver who shall, in the. opinion . of the Council, cease to possess the necessary skill and ability to drive a taxicab in a safe and careful manner; -or who shall inJulge in the excessive use of any intoxicating liquors, spirits or beverages, or who shall become a ,drug addict, or who shall be found guilty by any court of any crime or'.misdemeanor involving . -2 I. . dr nkenness, intoxicating liquors., or moral..turpitude, or who shal f ii to meet any other standards which the said Council may from. time to time establish. SECTION 4. Unlawful to Employ ,Unqualified Drivers: Lt shall .be unlawful for the holder of ' any license to operate taxicabs,, as set forth in Section 2, , above, to .employ as, a ;taxicab driver any person who does, not have a. current ;permit to. drive .a taxicab, ' as re uired by Section 3, above. I,t shall further be , unlawful for th holder of such license or such permit to permit any . such un icensed person to drive .a taxicab for the transportation of ;persons,-for' hire. SECTION 5.- . Condition of Taxicabs.: All taxicabs operated under this ordinance :.shall. -at all. .times.:be kept in. a good and safe mechanical. .condition The interior lof all said taxicabs_ shall at al time's be "kept in a safe, clean and sanitary condition. - SECTION 6. Insurance: No license for the' operation- of any to icab shall be issued to any firm,1 party or corporation unless and until the applicant therefor has obtained a policy of insuranc f r m an insurance company..duly authorized: to . do business under the la s of the State of Florida, insuring the . operation of . all taxicals to be operated under such license for public liability and propert dafflage in an amount of not less than $40,000.00, which said policy or policies must remain in full force during the -entire time that such taxicabs shall operate, -and.- shall be approved by the. City Council- before issuance of any license for "operation of such taxic bs. The "revocation,, lapse or suspension: of such insurance policy, shall be grounds for the revocation. of such license. SECTION. 7. Number of. Passengers and- Manner, of ..Transporting: It shall •be unlawful for any taxicab. operating .within the corporat li its of 'the-City of ,Zephyrhills to carry more than five (5) pa sengers at one time. 'It. shall further be .unlawful to carry pa sengers in the front seat while the back seat . is empty, or to ca ry any passenger in any manner-which would be unsafe or which wo id violate any state law appertaining thereto. SECTION, 8. , Number• of Taxicabs: The number of taxicabs to be -3 operated under this ordinance shall, be one. taxicabto every 1,000 population. SECTION 9. Rate of Charger The rate of charge for carrying p ssengers for hire under this ordinance .shall be � C with' h corporate cents per passenger for a continuous trip within the orpo e limits of the City of Zephyrhills, with an additional 9 / c�nts for each special, stop made for the convenience of the passers er. I . is further the intent of the ordinance. and the condition of the f anchise granted by Section 13, behow, .that the fares beyond the corporate limits of said city shall. be . at .the maximum rate of fifty (500) cents per. mile one way. SECTION...10... Parking .Stands: 'here. shall be no::more than three par-king places.'.reserved -f or taxicab s...authorized. under. the ordinance. e parking. places shall be.-located) on the ..South. Side of Fifth Avenue just West of Seventh Street; or such. other place as the City Council may subsequently designate. SECTION 11. Reporting of Accidents: . All taxicab. drivers or o erators are hereby required to report any accident, collision o u set involving the operation of such taxicab and causing damage io p :sons or property, within twenty-four (24) hours of the happening o such accident, to the Chief of Police of the City of Zephyrhills; which said report shall be written and shall contain an accurate d scription of the time, place and manner in which said accident o l, curred, . along with a full and complete. account of all damage an i , jury resulting. therefrom, and. the names of the .witnesses. theretc . SECTION. 12.. . Penalty for Violat .-on-. Any person, party, firm o corporation, . upon:. conviction of violati.on. of. any term of this ordinance shall be punished by a fine of .not. less than $25.00 and n�t more than $200 .00, or ,be .conf inked in .the City Jail of the Ci t o Zephyrhills,_ Florida, for not less than. ten days and not more than ninety days, or by both such fine and imprisonment, at the discretion of the Judge of the Municipal Court of the City of Z�phyrhills, Florida. Upon such conviction, the City, Council shall revoke the license or permit issued to- such persons, .parties, firms or ®4® corporations thus convicted, and no :other permit or license shall be issued to such violators. SECTION 13. Exclusive Franchise Granted: The City of Zephyr- hlls does hereby grant unto Willette Phillips, doing business as Wililie's Taxi, hereinafter called the Grantee, an exclusive franchise t operate taxicabs within the corporate limits of the City of Z Iphyrhills, Florida, for a period of five (5) years from the date of this ordinance, with automatic renewals of one year, unless the city shall give at least thirty days written notice to the contrar ., a. franchised under the terms and condition •f this ordinance and . SECTION 14. Hours of. Operation: Taxicab service under this franchise shall be available .twenty-four ,(24) hours a. day, seven (7) days a week, throughout the year. SECTION 15. Assignment of Franchise: The rights and privileges granted to the Grantee under this ordinance are not assignable except with the consent of. the City Council of the City of Zephyrhills in open meeting. SECTION 16 . Provision for Forfeiture for Non-Compliance: If t e Grantee, her successors or. assigns (in the event consent of th City Council is given as set forth in Section 15, above), shall at arty time refuse or neglect to comply with any of the provisions of this ordinance or of this franchise after due notice in writing by the City Clerk of the City of Zephyrhills or any other person under the direction of the City Council, the authority, powers and privi leges herein granted shall thenceforth_ cease and be forfeited; or t e Grantee herein may. purge. herself of such non-compliance by paying for each. day . of of non-compliance a .liquidated penalty of twenty-five ($25.00) dollars per day, with such. payments to commence the third (3rd) day after the postmark of any due notice of such non-compliance in writing. SECTION 17. Reservation of City'.s Right of Further Regulation : The City Council of the City of Zephyrhills hereby expressly reserves the right to make such further regulations, as may from time to time b 'deemed necessary to protect the interest, safety, 'welfare and accommodation of the public in relation to the franchise hereby -5- granted, not inconsistent with the provisions of this ordinance. SECTION 18. Repeal. of :'Prior Ordinances: All prior ordinances or parts of ordinances of the City of Zephyrhills in conflict here- with are hereby repealed. SECTION 19. Saving Clause: If any provision of this ordinance shall be declared unconstitutional or invalid, it shall not affect any part of the other provisions of this ordinance, and they shall remain valid and enforceable . The. foregoing oregoing Ordinance No. 1hiL o was read and passed on its first reading by the City Council of the City of Zephyrhills, Florida,,. on the ______day of A�°tee'i ' 9 sident o Cit C u cil Attest: ity lerk The foregoing Ordinance No./½Z o was read and passed on its second reading by the City Council of the City_.of Zephyrhills,. Florida, on the 7 day of De�e�be , 1959./ 7r/sidént O± Ci±y/,Council Attest:, ity Clerk e The foregoing Ordinance No. was read and passed on its third reading by the City Council of the City of Zephyrhills, Florida, on the & 'day .of rl yy at. Fr dent of Council Atitest: , ity lerk „r' The foregoing Ordinance No. approved by me this day of Dcc "i , 19 Sy % ✓L.Li Lam` C ,, Mayor . II -6-