1964-501f,
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ORDINANCE NO. 501
- ORDINANCE OF- CITY - "OF SOUTH-MIAMI, FLORIDA,
REGULATING AND LICENSING TAXICABS AND TAXICAB
DRIVERS AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; PROVIDING FOR INCLUSION
IN CODE; PROVIDING FOR SEVERABILITY, REPEAL-
ING SF.CRION 19 -1 THRU 19 -87 OF CODE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF CITY OF
SOUTH MIAMI, FLORIDA:
SECTION 1. Definitions. The following words and phrases
when used in this ordinance have the meanings as set out herein:
(a) Call box stand means a place alongside a street, or
elsewhere where the City Manager has authorized a holder
of a certificate of public convenience and necessity to
install a'telephone or call box for-the taking of calls
add the dispatch `rig of taxicabs.
(b) Certificate means a certificate of public convenience
and necessity 'issued by the City, authorizing the `holder
thereof to conduct a taxicab business in the City of
South Miami.
(c) Cruising means the driving of a taxicab on the
streets, alleys, or public places of the City of South
Miami in search of, or soliciting prospective passengers
for hire.
(d) Driver's License means-the permission granted' by
the City to a person to d=ive a taxicab upon the streets
of the City of South Miami.
(e) Holder means a person to whom a certificate of
public convenience and necessity has been issued.
(f) Manifest means a daily record prepared by a
taxicab 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.
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(g) Open stand means a public place alongside the
curb of a street or elsewhere, in the City of Shutt Miami,
which has been designated by the City Manager as reserved
exclusively for the use of taxicabs.
(h) Person includes an individual, a corporation or- -
other legal entity, a partnership, and any unincorporated
association.
(i) Rate card means a card issued by the City for dis-
play in each taxicab which`contains the rates of 'fare
then in force.
(j) Taxicab means a motor vehicle regularly engaged
in the busnes's of carrying passengers for hire, having
a seating capacity of not less than 4 passengers nor
more than 6 passengers,'and not operated on a fixed route.
(k) Taximeter means a meter instrument or device attached -
to a taxicab which measures mechanically the distance
driven and the waiting time upon which "the fare is based.
(1) 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 & scharge, 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.
SECTION 2. Certificate of Public Convenience and Necessity
Required means no person shall operate or permit a taxi-
cab owned or controlled by trim to be operated as a vehicle
for hire upon the streets of the City of the City of South
Miami without having first obtained a certificate of
public convenience and necessity from the City.
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SECTION 3. Application for Certificate. An application
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for a certificate shall be filed with the City Clerk upon
forms provided by the City of South Miami; and said applica-
tion shall be verified under oath and shall furnish the
following information:
(a) The name and address of the applicant.
(b) The financial status of the applicant, including
the amounts of all unpaid judgments against the applicant
and the nature of the transaction or acts giving rise to
said judgments.
(c) The experience of the applicant in the trans'porta=
tion of passengers.
(d) Any facts Which the applicant believes tend to
prove that public convenience and necessity require the
granting of a certificate.
(e) The number of vehicles to be operated or controlled
by the applicant and the location of prpposed depots and
terminals.
(f) The color scheme or insignia to be used to designate
the vehicle or vehic es:of.-the applicant.
(g) Such "further information as the City Manager of the
City of South Miami may require.
SECTION 4. Public Hearing—Upon the filing of an applica-
tion,'.the- 'Council shall fix a time and place for a public hearing
thereon. Notice of such hearing shall be given to the applicant
and to all persons to whom certificates of public convenience
and necessity have been theretofore issued. Due notice shall
also be given the general public by posting a notice of such
hearing in the City Hall. Any interested person may file with
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City Clerk a memorandum in support of or opposition to the
issuance of a certificate.
SECTION 5. Issuance of Certificate. If the Council finds
that further taxicab service iu the City c,f South Miami will,rbe
to the best interests of the City and its inhabitants, and that
the applicant is fit, willing, and able to perform such public
.transportation and to conform to the provisions of this ordinance
and the rules promulgated by the City, then the City Clerk shall
issue a certificate stating the name and'addr'ess of the applicant,
the number of vehicles authorized under said' certificate and the
date of issuance; othxwise, thelapplicaflon shall be - denied.
In making'the above findings,., the Council may" -take into
a consideration the number of taxicabs already in operation, whether
existing- transportation is adequate to meet the public 'need, the
4 probable effect of increased service on local traffic conditions,
and the character, experience, and responsibility of the applicant.
SECTION 6. Indemnity Bonq or Liability Insurance Required.
No certificate of public conveiYience and necessitytor permits
thereunder shall be issued or continued in operation unless there
is in full force and effect an indemnity bond for each vehicle
authorized '`'the amount of ten thousand dollars for bodily
injury to any one person; in the amount of twenty thousand
dollars for injuries to more than one person which are sustained
in the same accident and five thousand dollars for property damage
resulting from any one accident. Said bond or bonds 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. Said bond or bonds shall
be filed in the office of the City Clerk and shall have as
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surety thereon a surety company authorized to do business in
the State of Florida. Said bond shall contain a provision
requiring that notice shall be given to the City prior to
canceAlatiun.
The City may in its discretion allow the holder to file,
in lieu of bond or bonds, a liability insurance policy issued
by an insurance company authorized to do business in the State
of Florida. Said'poli--y shall conform to the provisions of
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this section relating to bonds.
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SECTION 7. License Fees. After 'October 1, 1964, no
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certificate` "shall be issued or continued 'in operation unless the
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holder thereof has paid an annual license fee of twenty -five
dollars for the right to engage in'the` taxicab business and
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fifty dollars each year for each vehicle ' authorized under a
certi ficate`of public convenience and necessity. Said license
fees shall be for one year and shall be due October lst of
each year, and shall be in addition to Any other license fees
or charges established by proper authority and" pplicable to
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said holder or the vehicle or vehicles under his operation and
control. in the event the holder shall fail to pay such fee
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for thirty days the certificate issued to such holder shall be
automatically revoked and cancelled.
SECTION -8. Transfer of Certificates: No certificate of
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public convenience and necessity may be sold, assigned,
mortgaged or otherwise transferred without the consent of the
Council.
SECTION 9. Suspension and Revocation of Certificates. A
certificate issued under the provisions of this ordinance may
be revoked or suspended by the Council if the holder thereof has
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(a) violated any of the provisions of this ordinance, (b) dis-
continued operations for more than 30 days, (c) has violated
any ordinances of the City of South Miami, 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
an opportunity to be heard.
SECTION 10. Taxicab Driver's License. No person shall
operate a taxicab 'for hire upon the streets of the City,''and no
person who`owns or controls -a taxicab shall perm'!'t it to be so
driven, and no taxicab licensed by the City shall be so driven
at any time for hire, unless the dirver of said taxicab shall
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have first obtained and shall have then in force a taxicab
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driver''s license issued under the provisions of this ordinance.
SECTION 11. Application for Driver"As License. An appli-
cation for a taxicab driver's license shall be 'filed with the
City Manager on forms provided by the City and such appliba -tion
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' shall be verified uriuer oath and shall contain the following
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information:
(a) The names and addresses of four residents of Dade
f County, Florida, who have known the applicant for a
period of 2 years and who will vouch for the sobriety,
honesty, and general good character of the applicant
(b) The experience of the applicant in the transportation
of passengers,
(c) The educational background of the applicant.
(d) A concise history of his employment for the previous
ten years.
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Each application shall be accompied by 3 photographs of
the applicant as may be specified by the City Manager. Each
application shall be accompanied by a certificate from a
reputable physician, certifying that in his opinion, the applicant
is not inflicted with any disease or inf_i...mity which might make
him an unsafe or unsatisfactory driver. At the time the appli-
cation li filed the applicant shall -pay to the City the sun of
$4.00 and be fingerprinted by the City.
SECTION 12. Exatnination7of Applicant- Current State Motor
Vehicle Chauffeur's Permit-Required. Before any application is
finally'passed upon by the City Manager, the applicant shall be
required to pass a satisfactory examination` as to his knowledge
of the City and to show that he has a current motor vehicle
Chauffeur's permit'issued by'the State of Flofida.
SECTION 13. Police_'Investigation of Applicant- Traffic and
Police Record. The Police Department shall conduct an investi-
gation`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 Manager.
SECTION 14. Consideration of Application. The City Manager
shall upon consideration of the application and the reports and
certificate required to be attached thereto shall approve or
reject the application. If the application is rejected, the
applicant may request a personal appearance before the Council
to offer evidence why his application should be reconsidered.
SECTION 15. Issuance of License- Duration - Annual Fee. Upon
approval of an application for a taxicab driver's license the
City Manager shall issue a license to the applicant which shall
bear the name, address, color, age, signature and photograph of
the applicant.
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Such license shall be in effect unt t I tl;L• n(-xt succeeding
October 1st. A license for every yeas oikercaftei- s1:a11 i*sue
upon the payment of $2.00 unless the license for the preceeding
year has been revoked. Licenpes shall expire can natober 13t of
each year.
SECTION 16. Display of License. Every driver licensed
under this ordinance shall post his driver's license in such a
place as to be in full view of all passengers while such driver
is operating a taxicab.
SECTION 17. Suspension and Revocation of License. The
City Manager is hereby given the authority to suspend any
driver's license issued under this ordinance for a driver's
failing or refusing to comply with "the provisions of this
ordinance, such suspension to last for a period of not more than
60 days. The City Manager is also given authority to 'revoke any
driver's license for failure to comply with'the provisions of this
ordinance. However, a license may not be revoked unless the
driver has received notice and has had an opportunity to' present
evidence in !As behalf.
SECTION 18. Failure to Comply With City, State and Federal
Laws. Every driver licensed under this ordinance shall comply
with all City, State and Federal Laws. Failure to do so will
justify the City Manager suspending or revoking a Yicense.
SECTION 19. Vehicles - Equipment and Maintenance.
(a) Vehicles--Must be Licensed. Prior to the use and
operation of any vehicle under the provisions of this ordinance
said vehicle shall be thoroughly examined and inspected by the
Police Department and found to comply with such reasonable rules
and regulations as may be prescribed by the City Manager. These
rules and regulations shall be promulgated to provide safe trans-
portation and shall specify such safety equipment and regulatory
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devices as the City Manager shall deem necessary therefor. When
the Police Department finu-s that a. vehicle has met the standards
established, the Department shall issue a license to that effect,
which shall also state the authorized seating capacity of Aid
vehicle.
(b) Periodic Inspection. Every vehicle operating under
this ordinance shall be inspected quarter annually by the Police
Department.
(c) Vehicles Must Be Kept in a Clean and Sanitary Condition.
Every vehicle operating under this ordinance shall be kept in a
clean and sanitary condition according'to rules and regulations
promulgated by the City Manager.
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k SECTION 20. Designation of Taxicabs. Each taxicab shall
>>--ar on the '`outside of each side, in painted letters not less
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than 3 inches (nor more than 6 inches in height), the 'name of the
AcyedXr3tiificate holder (amended see,minutes 4- 21 -64)
;f, and cab number as assigned by the City Manager, and in
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:addition, may bear an deiitifying'"design approved by the City
A holder operating under a duly registered fictitious name may use
s bfanager./ No vehicle covered by the terms of this ordinance shall such
fictitious
be licensed whose color scheme, identifying design; monogram, name
(amended 4- 21 -64)
or insignia to be used thereon shall, in the opinion of the City
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tanager, conflict with or imitate any color scheme,'identifying
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design,'monogram or insignia used on a vehicle or vehicles
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already operating in Dade County, in such a manner as to be mis-
leading or tend to deceive or defraud the public; and provided
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further, that if, after a license has been issued for a taxicab
hereunder, the color scheme, identifying design, monogram or
insignia thereof is changed so as to be, in the opinion of the
City Manager, in conflict with or imitate any color scheme,
`.d3ntifying desig'n,'menogram, or insignia used by any other
rarson, owner or operator, in such a manner as to be misleading
or tend to deceive the public, the license of or certificate
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covering such taxicab or taxicabs shall be suspended or revoked.
SECTION 21. Taximeter Required. All taxicabs operated
under the authority of this ordinance shall be equipped with
taximeters fastened in front of the passengers, visible to
them at all times day and night; and, after sun down, the face
'Of the taximeter shall be illuminated. Said taximeter shall
be operated mechanically by a mechanism of standard design'atd
construction, driven either from the transmission or from one
of the front wheels by a flexible and permanently attached
driving mechanism. They shall_'`be sealed at all points and
connections which, if manipulated, would affect their correct
readi "ng'and recording. Each taximeter shall have thereon a
flag to denote when the.,vehicle is employed ' and when it is not
emplo'ye'd'; and it shall be the duty of the driver to throw the
flag of such taximeter into'a'rion- recordi6g'position at the
teimination "of each trip. The said taximeters shall-:be subject
to inspection from time to time by the Department of Police. Any
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inspector or other officer of said department is hereby authorizedf
either on complaint of any person or without such complaint, to
inspect any meter and, upon discovery 'of any inaccuracy there-
in,-to notify the person operating said taxicab to cease
operation. Thereupon, said taxicab'shall be kept off the high-
ways until the taximeter is repaired and in the required working
condition.
SECTION 22. Rates of Fare -Rate Card Required. The follow-
ing rates shall be charged for the use of a taxicab.
(a) Mileage rates: Forty cents (.40) for the first 1/3
mile or fraction t<<ereof; ten cents (.10) for each
additional 1/3 mile or fraction thereof.
(b) Waiting time: Ten cents (.10) for each 12 minutes
of waiting time or fraction thereof.
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(c) Hand Baggage: There will be NO charge for hand
baggage.
(d) No charge for extra passengers
Everwygatax'icab 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 23. Receipts. The driver of any taxicab shall
upon de I mand by the passenger render to such 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, license number, amount of meter reading or charges
and date of transact-ion.
SECTION 24. Refusal of Passenger to Pay Legal igre. It shall
be.unlawful for any person to hire any vehicle herein defined
with intent to defraud the person7kkom whom it is hired-of the
value of sucL service.
SECTION 25. Solicitation, Acceptance and Discharge df
Passengers. No''dfiver shall solicit passefigers for a taxicab
except when sitting 'in the driver's compartment of such taxicab
or while standing r ig immediately adjacent to the curb 'side thereof.
The driver of any taxicab shall remain in the driver's corhpart-'
ment or immediately adjacent to his vehicle at all times when
such vehicle is upon the public street, except that, when
necessary a driver may be absent from hi's taxicab for not more
than 15 consecutive minutes, and ppovided further that 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.
(b) Prohibited Solicitation. No driver shall solicit
patronage in a loud or annoying tone of voice or by sign or in
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any manner annoy any person or obstruct the movement of any
persons, or follow any person for the purpose of soliciting
patronage.
(c) Receipt and Discharge of Passengers on Sidewalj% OnI7 .
Drivers of taxicabs shall not receive or discharge passengers
in the roadway but s.ial -1 pull up into 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 passengers may be
discharged at either the right or left -hand sidewalk, or side of
the roadway in the absence of a sidewalk.
(d) Additonal Passengerrs. No driver shall permit any
other person to occupy or ride in said taxicab, unless the person
or persons first employing the taxicab 'shall consent to the
,s acceptance of addtional'passenger or passengers. No charge shall
be made for an additional passenger except when the additional
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then -:only for the add itonal distance so travelled.
(e) 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 as stated in the
license for said vehicle issued by the Police Department. A
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i child in arms shall not be counted as a passenger.
(f) 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 unable or
-orbidden by the provisions of this ordinance to do so.
(g) Prohibitiora 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 selling
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intoxicating liquors or solicit business for any house of ill
repute or use his vehicle for any purpose other than the
transporting of passengers. No driver shall sit, sleep or loaf
or permit others to sit sleep or load within'the passenger
compartment of a taxicab.
SECTION 26. Open Stands - Establishment - Use.
(a) The City Manager is hereby authorized and empowered
to establish 'Open Stands in such place or places upon the
streets of the C 'ty.,as it deems necessary for the use of taxi-
cabs operated in the City. Said City Manager shall not create
an open stand without taking into consideration the need for
such stands by the companies and the convenience to the general
public. The City Manager shall prescribe the number of cabs
that shall occupy such open stands. The City Manager shall not
' create an open stand in front of any place of business where the
abutting property owners object to the same or where such stand
would tend to create a traffic hazard.
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(b) Open stands shall be used by the different drivers on
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s a first come first served basis. The driver shall pull on to the
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open stand from the rear and shall advance forward as the cabs
ahead pull off. Drivers shall stay within five feet of their
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cabs; they s;,all'not solicit passengers; or, engage in loud or
boisterous talk while at an open stand. Nothing in this ordin-
ance shall be construed as preventing a passenger from boarding
the cab of his choice that is parked at open stands.
SECTION 27. 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 open stands.
SECTION 28. Taxicab Service. All persons engaged in the
taxicab business in the City operating under the provisions of
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this ordinance shall render an over -all service to the
public desiring to use tax cabs, t[olders of certificates
of public cor._?enipncn and necessity shall maintain 'a central
place of business and keep the sane 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 the City as soon as they can
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do so and if said services cannot be rendered within a reason -
able time they shall then notify the prospective passengers
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how long it will be before the said call can be answered and
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give reason therefor. Any holder who shall refuse to accept
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a call anywhere in the corporate limits -of the City at any
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time when such holder has available cabs; or who shall fail
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or refuse -to give over -all service, shall`be deemed a
violator of this ordinance and the certificate granted to such
holder shall be revoked at the..discretion of the Council.
SECTION 29. Manifests. Every "driver' shal`1 maintain a
daily manifest upon which are recorded all trips made each day,
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showing time and "place of origin and destination of each trip
and amoun-L of fare and all such completed manifests shall be
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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 shallbe of a character approved
by the City Manager.
Every holder of a certificate of public convenience and
necessity shall retain and preserve all drivers' manifests
in a safe place for at least the calendar year next preceding
the current calendar year, and said manifests shall be avail-
able to the City Manager and Police Department.
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SECTION 30. Personal Property Left in Taxicab. Every
holder of a certificate si:all maintain a storage facility for
the storing of all personal property left in any taxicab. -The
holder shall keep a record of all such personal property left
in the taxicab -and shall retain such property for a minimum
period'of 60 days or until the owner claims such. The holder
shall notify the Police Department of the City of all personal
property left in any of the taxicabs operated by such holder;
such notice to be in writing and delivered to the Police
Department within 24 hours from the time such personal property
is discovered in the taxicab. It shallibe the duty of each
driver to inspect his taxicab prior to going out of service
-and to turn over to the certificate holder any and All''personal
property left or'abardoned therein.
SECTION 31. Police Department - Duty to Enforce Ordinance.
The Police Department of the City is hereby given the authority
and is instructed to watch and observe the conduct of holders
and-drivers operating under this ordinance. Upon discovering
a violation of the provisions of this ordinance, the Police
Department shall report-the same,to the City Manager, who
will order or take appropriate action.
SECTION 32. Certificates. All certificates of public
convenience and necessity issued prior to the effective date
of this ordinance shall remain in full force and effect;
provid:r that the holder thereof shall comply with the "terms
of this ordinance within 30`days from the effective date
thereof.
SEC'T'ION 33. Penalty. Any person violating any of the
providions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not
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ATTEST:
City Clerk
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exceeding 500 dollars or by imprisonment in the City jail
not exceeding 180 days, or by both such fine and imprisonment.
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SECYICN 34. It is the intention and it is hereby ordained
that the provisions of this ordinance shall be made a part of
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the code of ordinances of the City of South Miami, Florida, and
the-'sections of this ordhance may be renumbered to accomplish
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such intention.
SECTION 35. Severability. Each of the provisions of this
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ordinance are severable, and if any provision shall be declared
to be invalid, the remain lrq `provisions shall not be affected
but shall remain in full force and effect:
SECTION 36. Section 19 -1 through 19--87 of Code of Ordinances
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of City of South Miami, Florida, is hereby repealed.-
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SECTION 37. Repealing Provision. All ordinances or
parts of ordinances in conflict with this ordinance are
hereby repealed.
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SECTION 38. This ordinance shall become effective
sixty days after its adoption.
PASSED AND ADOPTED this 21st day of April, A.D. 1961,
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Presiding Officer, City Council
ATTEST:
City Clerk
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