ORDINANCE NO

Transcription

1 1 1 ORDINANCE NO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO MOTOR CARRIERS; AMENDING SECTIONS ½- AND ½- OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); ESTABLISHING A PROCESS FOR FIFTY (0) CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY AND ACCOMPANYING TAXICAB PERMITS FOR WHEELCHAIR ACCESSIBLE VEHICLES, AND FIFTY (0) ASSOCIATED BONUS, REGULAR TAXICAB CERTIFICATES TO BE ISSUED, OUTSIDE THE CURRENT RATIO PROVIDED IN SECTION ½-(b); ESTABLISHING A ONE-TIME DRIVER-ONLY LOTTERY FOR TWENTY- FIVE () CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY AND ACCOMPANYING TAXICAB PERMITS; PROVIDING FOR A PROCESS FOR ISSUING THESE CERTIFICATES; PROVIDING ELIGIBILITY CRITERIA FOR THESE CERTIFICATES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) WHEREAS, Chapter ½ of the Broward County Code of Ordinances regulates for-hire transportation services in Broward County; and WHEREAS, for-hire vehicles provide an essential service to the residents and visitors of Broward County; and WHEREAS, Broward County visitors and residents who use wheelchairs should have adequate access to taxicabs throughout Broward County; and WHEREAS, the Board of County Commissioners (the "Board") desires to issue fifty (0) certificates of public convenience and necessity and accompanying taxicab permits for wheelchair accessible vehicles, and fifty (0) associated bonus regular

2 taxicab certificates which would permit broader access to wheelchair accessible vehicles in the County; and WHEREAS, the Board desires to establish a one-time lottery for twenty-five () certificates of public convenience and necessity and accompanying permits to be issued to persons who have driven a taxicab in Broward County for a minimum of sixty (0) consecutive months; and WHEREAS, Board finds that the revisions to the Code as set forth herein are necessary and in the best interest of Broward County, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA: Section 1. Section ½- of the Broward County Code of Ordinances is 1 1 hereby amended to read as follows: Sec. ½-. Certificates of public convenience and necessity; application. 1 (a) The Commission has determined that it shall be in the public interest to, at no time, authorize more than one (1) taxicab vehicle, singly or in combination, per each two thousand (,000) inhabitants of Broward County nor to authorize more than one (1) luxury sedan per each four thousand five hundred (,00) inhabitants of Broward County according to the most recent official estimate by the University of Florida, Population Division, Bureau of Economic Business Research. (1) However, in November 00, there shall be a one-time application period to obtain a certificate of public convenience and necessity which will be awarded at a public hearing to be held in January 0 for fifteen (1) certificates of public convenience and necessity for the following categories: ten () awarded to taxicab drivers; and five () awarded to

3 luxury sedans, that meet the fuel efficient requirements as stated below. These certificates may only be used with fuel efficient vehicles. The population formula as set forth in this subsection for this one-time award will not be taken into consideration, and the certificates awarded will be excluded from any future population calculations. The fuel efficient requirements for taxicabs will be those vehicles with a minimum fuel efficiency of thirty (0) miles per gallon based on an average of the EPA city and highway mileage. The fuel efficient requirements for luxury sedans will be those vehicles with a minimum fuel efficiency of twenty-five () miles per gallon based on an average of the EPA city and highway mileage. A resolution directing the County Administrator to publish notice of a public hearing to be held in January 0 which shall serve to determine which applicants shall be awarded the new certificates and accompanying permits shall be presented to the Board of County Commissioners. () In addition, in June 01, there shall be a one-time application period to obtain a certificate of public convenience and necessity which will be awarded at a public hearing for the following categories: (a) fifty (0) certificates of public convenience and necessity for wheelchair accessible vehicles, and fifty (0) associated bonus regular taxicab certificates of public convenience and necessity; and (b) twenty-five () regular taxicab certificates of public convenience and necessity awarded only to persons who have driven a taxicab in Broward County for a minimum of sixty (0) consecutive months.

4 a. The requirements for the 01 one-time application period for wheelchair accessible certificates and permits are as follows: 1. The population formula set forth in Section ½-(a) will not be taken into consideration for this one-time award of certificates pursuant to this Section ½-(a)(); and the certificates awarded shall be excluded from any future population calculations.. The certificates and associated bonus regular taxicab certificates shall be made available only to applicants who meet the requirements of Section ½-(a)()b.. These certificates shall not be issued through the lottery system 1 provided in Section ½-(a). Instead, these certificates 1 shall be assigned by the Division on a first-come, first-served 1 basis to interested applicants. Upon payment of the applicable nonrefundable fee, the Division shall issue a placeholder ticket for a wheelchair accessible vehicle certificate, which may be redeemed for a wheelchair accessible vehicle certificate no later than ninety (0) days 1 after the date the placeholder ticket is issued. The 0 1 wheelchair accessible vehicle certificate and accompanying bonus regular taxicab certificate will be issued upon demonstrating that the applicant has a wheelchair accessible vehicle that will be immediately placed into service. The Division shall not issue more than five () wheelchair

5 accessible vehicle placeholder tickets to any applicant. The wheelchair accessible vehicle placeholder ticket shall expire and any fee paid by an applicant will be forfeited if the wheelchair accessible vehicle placeholder ticket is not redeemed within ninety (0) days after issuance.. Certificate holders shall report to the Division the trade name of the taxicab company under which the certificate(s) will operate and the contact information, including a phone number, through which a person can be reached twenty-four () hours per day, seven () days per week to dispatch the wheelchair accessible taxicab operating under the certificate. The Division shall make this information available to the public and develop a system through which consumers can report complaints related access to wheelchair accessible vehicles.. Applicants shall demonstrate that they have in place a program to train drivers of wheelchair accessible vehicles on the needs of passengers in wheelchairs or other mobility assisted devices. Certificate holders shall keep on file and make available to the Division, upon request, documentation demonstrating that drivers of the wheelchair accessible vehicles associated with the certificate have received such training.

6 . Taxicabs operating under these certificates shall give priority to individuals who request a wheelchair accessible vehicle.. Wheelchair accessible vehicle taxicabs operating under these certificates shall not station in the holding lots or taxicab lines waiting to pick up passengers at the Fort Lauderdale-Hollywood International Airport or Port Everglades. b. The twenty-five () new driver-only regular taxicab certificates and accompanying permits shall be awarded as provided in Section ½-(a) and (c) - (e). In addition to the other requirements of Chapter ½, each applicant for the driver-only certificates and permits issued pursuant to the 01 one-time application must meet the following criteria: 1. Hold a valid Broward County Chauffeur's Registration.. Must have been an active Broward County taxicab driver for at least sixty (0) consecutive months prior to the date of application and file an affidavit of employment or contract relationship with a Broward County taxicab certificate holder.. Not be a current certificate holder Section. Section ½- of the Broward County Code of Ordinances is hereby amended to read as follows: Sec. ½-. Certificates of public convenience and necessity Award.

7 (a) The certificates of public convenience and necessity shall be awarded by drawing the names of eligible applicants. Each eligible applicant shall be entitled to have its name entered in the drawing once for each available certificate; except, in the taxicab driver only and wheelchair accessible taxicab drawings, where the applicant may enter its name only once. The number of times a name is entered may not exceed the total number of certificates to be issued. A person designated by the Commission shall draw names for the number of certificates available. (b) There shall be four () separate drawings: a taxicab general; a taxicab driver only; wheelchair accessible taxicab; and luxury sedans. The Commission shall determine the number of approved certificates. Three and five tenths percent (.%) of the total number of approved taxicab certificates shall be issued to the wheelchair 1 accessible taxicab category. These certificates may only be used with wheelchair accessible vehicles. One-half (½) of the remaining approved taxicab certificates shall be issued to the taxicab general drawing, and one-half (½) of the remaining approved taxicab certificates shall be issued to the taxicab driver only drawing. In cases of uneven distribution, the additional certificate shall be distributed to the taxicab driver only drawing. Wheelchair accessible taxicab certificate holders shall be awarded an additional taxicab general certificate for each wheelchair certificate awarded, upon payment of the Commission prescribed award fee described in this Ssection, which additional taxicab general certificate shall be linked with the wheelchair accessible taxicab certificate for the purposes of regulation under this Chapter, including any transfers of ownership. This distribution shall be reviewed by the Commission for a period of two () years, from the effective date of this Ordinance, for a determination of whether or not such allocation creates new opportunities for taxicab drivers and/or

8 increases the motor carrier level of service. Should the number of available taxicab certificates exceed the number of applicants, the remaining certificates will be offered in the general taxicab lottery. (c) Any of the public hearings authorized by this section may be continued, deferred, rescheduled, or canceled by the Commission. (d) Each certificate issued pursuant to this Chapter shall be signed by the 1 chair or vice-chair Mayor or Vice-Mayor of the Commission, attested to by the Broward County clerk, and shall contain, in addition to the name and address of the applicant, a statement of the class of transportation service authorized for the motor vehicles to be used in the rendition of such service. The certificate shall also state such additional terms, restrictions, conditions, provisions, and limitations as the Commission may deem to be in the public's interest. 1 (e) The certificate, when issued by the Commission, shall be forwarded to the Director, who shall deliver the certificate to the applicant, upon payment of the prescribed fee within sixty (0) days after award and upon proof of compliance with Section ½-C of this Chapter. A copy of each certificate shall be maintained on file with the Division. 1 Section. SEVERABILITY If any portion of this Ordinance is determined by any Court to be invalid, the invalid portion shall be stricken, and such striking shall not affect the validity of the remainder of this Ordinance. If any Court determines that this Ordinance, or any portion hereof, cannot be legally applied to any individual(s), group(s), entity(ies), property(ies), or circumstance(s), such determination shall not affect the applicability hereof to any other individual, group, entity, property, or circumstance.

9 Section. INCLUSION IN CODE. It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Broward County Code; and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section. EFFECTIVE DATE. This Ordinance shall become effective as provided by law. 1 1 ENACTED MAY, 01 FILED WITH THE DEPARTMENT OF STATE May, 01 EFFECTIVE May, Approved as to form and legal sufficiency: Joni Armstrong Coffey, County Attorney By /s/ Annika E. Ashton 0//1 Annika E. Ashton (date) Assistant County Attorney

10 AEA/ab 0//1 MotorCarrier - One-Time WAV and Driver Only Lottery-1 #