§ 18 1/2 21 Definitions

ORDINANCE 40 - 15

AN ORDINANCE AMENDING THE CITY OF CAPE .CORAL CODE OF ORDINANCES, CHAPTER 18-1/z, VEHICLES FOR HIRE, ARTICLE I, GENERAL PROVISIONS, AND ARTICLE II, TAXICABS, BY ESTABLISHING SECTION 18 1/z - 1, ADOPTION BY REFERENCE LEE COUNTY TAXICAB AND VEHICLE FOR HIRE ORDINANCE; AND REPEALING ARTICLE II, TAXICABS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Coral, Florida is the governing body in and for the City of Cape Coral, Florida;

WHEREAS, it is the intent of the City Council of the City of Cape Coral to ensure certain guidelines for the regulation of taxicabs, vehicles for hire, and transportation network companies to ensure the health, safety and welfare of the public, and

WHEREAS, the manner, mode, type, and degree of how taxicabs, vehicles for hire, and transportation network companies are used directly affects the health, safety, and welfare of the public and a uniform system of regulation throughout Lee County is necessary to protect the public.

NOW, THEREFORE, THE CITY OF CAPE CORAL, FLORIDA, HEREBY ORDAINS THIS ORDINANCE AS FOLLOWS:

SECTION 1. The City of Cape Coral Code of Ordinances, Chapter 18-1/z, Article I, is hereby established as follows:

§ 18-1/2 - l Adoption by reference: Florida State Statutes and Lee County Ordinance relating to Taxicabs, Vehicle for Hire, and Transportation Network Companies.

The City of Cape Coral hereby. a9opts by reference as a part of this Chapter. all laws of the State of Florida. and Lee County Ordinances. as they may be amended. relating to Taxicabs. Vehicles for Hire. and Transportation Network Companies.

SECTION 2. The City of Cape Coral Code of Ordinances, Chapter 18-1/z, Article II, is hereby repealed in its entirety:

§ 18 1/2 21 Definitions.

The following words and phrases, when used in this article, have the meanings as set out herein.

CERTIFICATE. l\.. certificate of public com en-ience and necessiry issued by the City Council authorizing the holder thereof to conduct a taxicab, van, limousine or non emergency '\i ehicles for hire business in the city .

.CRUISI.ZVG. The driving of a taxicab or van on the streets, alleys or public places of the city in search of, or soliciting prospec.tive passengers for hire.

DRIVER'S PERAi!+. The permission granted by the City of Cape Coral to a person to drive a taxicab, limousine, T" an or non emergency v=ehide for hire within the ciry and suburban territory.

HOLDER. }i person to whom a cer~ficate of public con v=enience and necessiry has been issued. LIMOUSLVE. Any motor vehicle, with driver, engaged in the business of carrying passengers for hire which does not operate on a regular or fixed route, and "Which js not equipped with a meter or device for calculating the distance tra v=eled o~ 'W airing time. (Designed for less than eight passengers, excluding driTv er.)

AfAJVIFEST. A daily record prepared by a taxicab or van dri' er of all trips made by the driver, shovving the time and place of origin:, destination, number of passengers and the amount of fare of each trip. AfEDALL!Ol'+l. A medal issued by the city t:o cc:t:tificat:c holders with t:hc permit number of t:hc 'chicle permitted t:o be opc:t:at:cd by the cc:t:tificat:c holder.

....1\lO.l\l EA/ERGE.ZVCY VEHICLE ...VOR H:!RE. 1/chiclcs for hire oilier t:han ambulances and ttanspo:t:t:ation used for school children, handicapped, senior citizens o:t: conttact:cd social sc:t:\ricc by not: for profit organizations.

PERSOlV. Includes an indi·vidual, a corporation or ot:hc:t: legal cntit:y, a partnership and any uninco:t:po:t:at:cd association. RA TE CARD. A ea1'd issued by the. holder fur display in eaeh taideab ltfld van, whieh contains the t:hcn in force :t:at:cs of fare charged by the holder.

TAXICAB. A mot:or vehicle regularly engaged in the business of carrying passengers for hire, hai-vring a seating capacity of less than seven persons, and not: opcrat:cd on a fixed rout:c.

:J~tJ:i'T fl. 1 h . d . d d . th . . ... 110A mot:o:t: vc. l±C c ti at: 1scs1gnc or engage me busmcss t:o ttanspo:t:t: not: more than 21 passengers exclusive of the driver, and whose :t:at:cs arc based on an approved fixed :t:at:c card.

§ 18 1/2 22 Certificate of public convenience and necessity required.

No person shall opc:t:at:c or permit: a t:axicab, limousine, ~vran or non emergency vchidc for hire O:\vncd or conttollcd by him or her t:o be opc:t:at:cd as a vehicle for hire ""W1-1:hin the cit:y wit:hout: hav~..ng first: obtained a ccrtificat:c of public convenience and necessity ftom t:hc City Council.

§ 18 1/2 23 :iA.a:pplication for certificate.

An application for a cc:t:tificat:c of public convenience and ncccssit:y shall be filed ~ith t:hc Lic~nsing/Busincss Tax Dhision upon forms provided by the city, and t:hc application shall be venficd under oath and shall furnish t:hc follo:wing information: -Ea] The name and address of t:hc applicant:; -EbJ The financial st:at:cmcnt: of the applicant:, prepared by a certified public accountant: licensed in t:hc St:at:c of Plo:t:ida. The financial st:at:cmcnt shall be dat:cd wit:hin the last: three months preceding t:hc _dat:c of sub~t:t:al of t:hc application and shall include the amount:s of all unpaid Judgm:cnt:s agamst: the applicant: and the nat:u:t:c of the ttansaction or acts giving rise t:o t:hc judgm:cnt:s;

W A credit:. report of t:hc applicant: prepared by a nationally recognized credit: bu:t:cau. The credit: report: shall be dat:cd within the last: three months preceding t:hc dat:c of submittal of the application;

-W The experience of t:hc applicant: in the ttanspo:t:t:ation of passengers;

-W An:y fact:s which the applicant: believes t:cnd t:o pro" c t:hat: public convenience and necessity require the granting of a certificate; .

w The number of vehicles for which a ccrtificat:c of public convenience and necessity is :t:cqucst:cd;

The location of the proposed base of operations and t:cffilinals;

-Eh7 The color scheme Of insignia t:o be used for taxicabs and vans onl) t:o dcsignat:c t:he T" chicle o:t: vehicles of t:hc applicant; and

-@ Such fu:t:t:hc:t: information as the City Council or City Manager may require.

§ 18 1/2 24 City Manager to investigate and report application for certificate.

. . P~or t:o t:hc public hca:t:ing required by § 18 1 /2 25, t:hc City Manager shall make an 111vcst:tgation and shall report: the findings in writing t:o the City Council on the following:

2 (a) The demand of the public for the additional taxicab, limousine, van or non emergency vehicles for hire scrv ice;

(b) The effect of such additional taxicab, limousine, van or non emergency v chicles for hire sc1°' ice upon traffic conditions and parking;

(d) Financial responsibility, experience, character and ability to operate the proposed taxicab, limousine, v an or non emergency v chicle for hire service, of the applicant; and

§ 18 1/2 25 Public hearing on application for certificate.

Upon notification by the Licensing/Business Tax Police Department that an application is complete and all investigations and reports ha v c been prepared, the City Clerk shall fix a time and place for a public hearing thereon. Notice of the hearing shall be gi~ en to the. applicant and to all person:s to. whom certificates of public convenience and necessity have been theretofore issued. Notice shall also be given to the general public by publishing a notice of the hearing in a local newspaper of general circulation at least ten days prior to a hearing.

§ 18 1/2 26 Issuance of certificate; number of vehicles authorized.

(a) If the City Council finds that additional taxicab, limousine, van or non emergency vehicle for hire service in 'the city is required by the public conv=cniencc and necessity and that the applicant is fit, willing and able to perform the public transportation and to conform to the proiv ision:s of this article, the City Council shall adopt a resolution granting a certificate of public con:v cnien:cc and necessity. The Licensing/Business Tax Division: shall then issue a certificate stating the name and address of the applicant and the date of issuance.

(b) In making the above findings, the City Council shall take into consideration: the number of taxicabs, limousines, van and non emergency vehicles for hire already in operation, 'W hcthcr 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.

(c) A:ll certificates of public convenience and necessity issued by the City Council will grant the authority to operate the number of vehicles requested by the applicant or a fewer number, as set forth in the resolution granting the certificate of public cow;:cnicncc and necessity.

(d) l'i medallion shall be issued by the City of Cape Coral for each taxicab permitted to be operated by aH companies that rc~civc a certificate of public convenience and necessity.

§ 18 1/2 27 Liability insurance required; indemnity bond in lieu of insurance.

No certificate of public con:v cnicn:cc and necessity shall be issued or continued in operation: unless there is in fuH force and effect an insurance policy for each vehicle authorized in the amount of $100,000 for bodily injury to any one person; in the amount of $300,000 for injuries to more than one person which arc sustained in the same accident; and $50,000 for property damage resulting from any one aceidcn:t. The policy shall comply will all rcquircmcn:ts of Florida law. The policy shall inure to the benefit of any person who shall be inj urcd or who shall sustain damage to property proximately caused by the negligence of a holder, his or her scrv ants or agents. The policy shall be filed in the office of the Liccn:sin:g/Busincss Tax Divisi()n and shall hav c as insurer thereon an insurance company authorized to do business in the State of Florida. & idcncc of rcn:cwal of the policy shall be filed with the Liccn:sing/B usincss Tax Division prior to their respective expiration: dates. Failure to maintain and renew the policy shall automatically revoke the certificate to operate of public convenience and necessity issued hereunder. A.ll insurance policies prov idcd hereunder shall be subject to the approval of the City Attorney.

§ 18 1/2 28 License fees.

No certificate shall be issued unless the holder thereof has paid an annual license fee of $ 4 4 for each place of business or operation, to include one car and $11 for each additional car. Failure to

3 pay annually the license fees he:reunder shall result in autotfl:atic rev·ocation of the certificate of public convenience and necessity. The license fees shall be for the fiscal year and shall be in addition to any other license fees, business taxes or cha.rges established by proper authority and applicable to the holder Of the vehicle or vch-ides under his or her opention and control.

§ 18 1/2 29 _ Transfer of certificates.

No certificate of public conv·cnience and necessity may be sold, assigned, mortgaged or othe:rvvrise transfeffcd vvithout the authori2ation of the City Council. i"... ny unauthori2ed transfer of a certificate of public convenience and necessity shall automatically rcv·okc the certificate.

§ 18 1/2 3() Suspension and revocation of certificates.

(a) },. certificate issued under the pro:;.risions of this article may be revoked Of suspended by the City Council if the holder thereof has:

(1) Violated any of the provisions of this article;

(2) Discontinued operation of business for more than 14 consecutive days;

(3) Has violated any ordinances of the city, including th-is article, laws of the State of Florida or the United States, the violations of vv h-ich reflect unfavorably on the fitness of the holder to offer public transportation; and/or

I (4) Failed to render adequate, prompt and COUfteous semce to the public to such an extent as to waffant discipline by the City Council.

(b) Prim to suspension or revocation, the holder shall be notified at least ten days prim to the proposed action to be taken and shall have an opportunity to be heard. A hearing on suspension or fC\ ocation shall take place at a regularly scheduled meeting of the City Council. § 18 1/2 31 Driver's permit required. No person shall operate a taxicab, linwusinc, van m non emergency vch-iclc for hire upon the streets of the cit) and no person who owns or controls a taxicab, limousine, van or non emergency veh-icle for hire shall permit it to be so driven, and. no taxicab, limousine, van or non cme.rgency rv chicle for h-irc licensed by the city shall be so driven at any time for hire, unless the driver of the taxicab, limousine, van or non cme.rgency veh-iclc for hire shall havTc first obtained and shall hav·e then in force a driver's pcfi'fiit issued under the pro:;.risions of this article.

§ 18 1/2 32 Application for driver's permit; requirements for all driving permits.

(a) An application for a driver's permit shall be filed with the Police Department on forms provided by the city, and the application shall be verified under oath and shall contain the following information:

(1) The name, resident address, business address, age, sex, height, weight and color of cy cs and hair of the applicant;

(2) Proof of possession of a valid State of Florida chauffeur's license;

(3) Proof that the applicant can fluently read, t\J-ritc and speak the English language;

(4) Proof that the applicant is at least 18 years of age; and

(5) An employment history of the applicant of the last three years, including any experience in transportation of passengers.

(b) Each application shall. be accompanied by a cHtificatc from a reputable physician licensed to practice medicine in the State of Florida certifyring that he or she has examined the applicant and that, in his or her opinion, the applicant is not inflicted with any disease or infifi'fiity ·which might make him or her an unsafe or unsatisfactory driver.

4 (c) At the time the application is filed, the applicant shall pay to the city the sum of $30. i".cftcr approval, the business tax shall be paid in accordance with Chapter 11 of the City of Cape Coral Code.

§ 18 1/2 33 Police investigation of applicant for driver's permit; traffic and, police record.

The Police Department shall conduct an investigation of each applicant for a driver's permit, and a report of the in v cstigation shall be fumishcd -to the Licensing/Business Tax 8upcn isor § 18 1/2 34 CoftSideration of applieation for drivef's permit. The Police Chief upon coflSidcration of the application and the reports and certificate required to be attached thereto, shall approve of reject the application. If the application is rejected, the applicant may request from the City Manager a personal appearance before the City Council to offer evidence why his or her application should be reconsidered.

§ 18 1/2 35 Issuance of driver's permit; duration, fee; display of permit.

(a) Upon approval of an application for a driv cr's permit, the Police Department shall forw afd the completed permit, which shall bcaf the name, address, color, age, signature, expiration date of driv cr's license and photograph. of the applicant, to the Licensing/Business Tax Division to be issued along with a local business tax receipt. All investigative material and original application shall be kept by the Police Department. Licensing/Business Tax Division shall use the City of Cape Coral local business tax receipt application to obtain the necessary information for a local business tax receipt.

(b) All driver's permits shall be renewed annually and shall be issued after approval by the Police Department.

(c) It shall be the duty of the Licensing/Business Tax Division to send renewal notices to persons with active driving permits at "W4ilch time the Licensing/Business Tax Division will also forward a list of the persons to 'the Police Department for approval. (d) Every driver permitted under this article shall post his or her driver's permit in such a place as to be in full v ic w of all passengers while the drh er is operating a taxicab, limousine, van or non emergency vehicle for hire.

§ 18 1/2 36_ Suspension and revocation of driver's permit.

The Police Chief is hereby given the authority to suspend or revoke any driver's permit issued under this article for the failure or refusal of a driver to comply with the provisiofiS of this article. Every driver permitted under this article shall comply with all city, state and federal laws. Failure to so comply is grounds for the City Manager to suspend or r~ okc a permit. The .suspension or revocation. of a driver's permit hereunder may be appealed to the City Council which may, upon consideration, reinstate the license. In order to prcscft c this fight, the pcfftl:ittcd driver must file a notice of appeal with the City Clerk within 15 days of the suspension or revocation. Upon the filing of such a notice, the City Council shall coflSidcr the appeal at its next ~ regularly scheduled meeting prov idcd that the pe:t:tnittcc shall be given at least ten days' notice of the coflSidcration of his or her appeal.

§ 18 1/2 37 Maintenance.

Each vehicle opt::ratcd by a holder shall always be maintained in a safe operating condition. Each vehicle operated by a holder shall be kept in a clean and sanitary condition. Prior to receiving the medallion from the city, the vTchiclc(s) operated by a holder must be brought t6 City Hall TW here a Liccnsing/B usincss Tax Division official and police officer shall check each vehicle verifying the vehicle identification :aumbc.f and registration. The officers shall also insure that the vchiclc(s) has no broken window . glass, broken taillights, headlights, faulty tires, holes in floorboards or wires/springs protruding from the scats. After the vchiclc(s) has been inspected, the medallion will be affixed in the lower left hand corner of the windshield to the vehicles by the Licensing/Business Tax Division.

§ 18 1/2 38 Designation of taxicabs.

6 (g) Refirsal !8 Ct/Fiji orde1iJ fattSJengers p1Yihibi!ed. No driver shall refuse or ncglcet to eon v=cy any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this artidc to do so.

(h) Using tJehie!e. in e01m1#-tting i/.Jegttf acts. It shall also be a violation of thls artidc for any driver to use the vchidc wh:ieh he or she is d:t:i'\'ing as an instrumentality in eommitting any aet which is a violation of any loeal, state or federal lftW. '

§ 18 1/2 43 .An.swering calls for taxicab service.

}.cll persons engaged in the taxieab or van business in the city operating under the provisions of this article shall render an overall scrviec to the publie desiring to use taxicabs. Holders of certificates of public convepicncc and ncecssity shall maintain a central place of business and keep the same open 24 hours a day for the purpose of rccciv ing calls and dispatching vchidcs. They shall ans wcr all calls for services voithin the city as soon as possible, and, if requested sen ices cannot be rendered within a reasonable time, they shall then notify the p:t:ospcetivc passengers hovo long it will be before the scrnccs vv4ll be provided. Any holder in the city and its suburban territory wrho refuses to accept a call at ·any time · when the holder has available vehicles, or who fails or refuses to gi" c o" crall service, shall be subject to suspension or rvmcation of his or her ccrtifieatc, as provided herein. ·

§ 18 1/2 4 4 Manifests.

(a) Every d:t:i"V er of a taxieab · or van shall maintain a daily manifest µpon whieh arc recorded all trips made each day, showing time and place of o:t:i-gin and destination of each trip, and amount of fare; and all such eompletcd manifests shall be returned to the owner by the driver at the eonclusion of h:is or her sh:ift. The forms for cac~ manifest shall be furnished to the driver by the owner and shall be in a form generally acecptcd in· the taxicab or van business in thls area.

(b) Every holder of a ec:t:tifieatc of public con" cnicnec and necessity for taxicabs or vans shall return and preserve all drivers' manifests for the fiscal year next preecding the eu:t::t:ent fiseal year, and the manifests shall be available .to the City Council or the City Manager or his or her dcsigncc.

§ 18 1/2 45 Holder's records and reports.

(a) & c1ry holder shall keep accurate records of receipts from operations, operating and other expenses, eapital expenditures and such other operating information as may be required by the City Manager, and furnish the records upon request to the City Manager or his or her dcsigncc.

(b) All accidents arising. from or in connection with the operation of taxicabs, vans, limousines or non emergency vehicles for hire wh:ich result in death or injury to any person, or in damage to any "chicle, or to any property in an amount exceeding the sum of $50, shall be reported voithin 24 homs from the time of oeeur:t:cnee to the Poliec Department in a form of report to be furnished by the Department.

§ 18 1/2 46 Vehicles for special occasions.

The City Manager shall issue a license to any certificate holder who voishcs to furnish vehicles for special occasions, if his, her or its drivers arc permitted and the certificate holder has proof of insurance required by thls article. Special occasions include, but arc not limited to the following: weddings, funerals and bar mitzvahs.

SECTION 3. Severability. In the event that any portion or Section of this ordinance is determined to be inv~lid, illegal or unconstitutional ~y a court of competent jurisdiction, such decision shall in no manner affect the remaining portions· or Sections of this ordinance which shall remain in full force and effect.

SECTION 4. Effective Date. This ordinance shall become effective immediately after its :"!doption by the Cape Coral City Council.

7 ADOPTED BY THE COUNCIL OF THE CiTY OF CAPE CORAL AT ITS REGULAR sEssioN THis dLf±iDAY oF A~u GU s-r, 2015.

VOTE OF MAYOR AND COUNCILMEMBERS: SAWICKI BURCH CARIOSCIA NESTA LEON ERBRICK WILLIAMS DONNELL

ATTESTED TO AND FILED IN MY OFFICE THIS 2015.

APPROVED AS TO FORM:

DOLORESD.MENENDEZ CITY ATTORNEY ord/taxicabs 7/27/15