Miami-Dade Legislative Item
File Number: 100931
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File Number: 100931 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMEND CHAPTER 31 TAXICAB SHALL NOT REFUSE PERSON W/SE ANIMAL Introduced: 4/7/2010
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: see Leg. 101383 Title: ORDINANCE RELATING TO FOR-HIRE MOTOR VEHICLES; AMENDING CHAPTER 31 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT NO CHAUFFEUR SHALL REFUSE OR NEGLECT TO TRANSPORT ANY PERSON TRAVELING WITH A SERVICE ANIMAL; PROVIDING FOR DEFINITION OF SERVICE ANIMAL, PENALTIES, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ANIMALS
  FOR HIRE VEHICLES
Sponsors: Sally A. Heyman, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Government Operations Committee 5/11/2010 1G3 Amended
REPORT: (See Agenda Item 1G3 Amended, Legislative File No. 101383, for the amended version.)

Board of County Commissioners 4/20/2010 Tentatively scheduled for a public hearing Government Operations Committee 5/11/2010

Board of County Commissioners 4/20/2010 4L Adopted on first reading 5/11/2010 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no comments or questions, the foregoing proposed ordinance was adopted on first reading and set for public hearing before the Government Operations Committee on Tuesday May 11, 2010 at 9:30 AM.

County Attorney 4/7/2010 Referred Government Operations Committee 5/11/2010

County Attorney 4/7/2010 Assigned Gerald K. Sanchez

Legislative Text


TITLE
ORDINANCE RELATING TO FOR-HIRE MOTOR VEHICLES; AMENDING CHAPTER 31 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT NO CHAUFFEUR SHALL REFUSE OR NEGLECT TO TRANSPORT ANY PERSON TRAVELING WITH A SERVICE ANIMAL; PROVIDING FOR DEFINITION OF SERVICE ANIMAL, PENALTIES, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 31 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Chapter 31
VEHICLES FOR HIRE
ARTICLE II. LICENSING AND REGULATION OF FOR-HIRE MOTOR VEHICLES
* * *
Sec. 31-92. Violations; penalties

(a) In addition to any other penalties provided by law, including but not limited to those provided in this article, a violation of any applicable provision of this article by a for-hire license holder, registered passenger service company or registered chauffeur shall constitute a civil offense punishable by the applicable civil penalty as provided in the schedule of civil penalties in Section 8CC-10 of this Code. Failure of a person to pay a civil penalty within sixty (60) days of the due date for paying such fine as specified on the civil violation notice or within sixty (60) days of the date of the final outcome of any timely filed appeal of such violation notice, whichever is later, shall result in automatic suspension of such person's for-hire license, passenger service company registration, operating permit and chauffeur registration and all for-hire operations shall cease until such fine is paid in full. If a person commits five (5) violations of the same section of this chapter during any twelve-month period, such person's for-hire license, passenger service company registration, operating permit or chauffeur's registration shall be automatically revoked. If a person commits five (5) violations of this chapter during any twelve-month period, such person's for-hire license, passenger service company registration, operating permit or chauffeur's registration may be suspended for a period of up to six (6) months or revoked. Provided however, if a person commits three (3) violations of Sections 31-82(j)(12) or 31-303(i)(4) or any combination thereof during any twelve-month period, such person's for-hire license, operating permit or chauffeur's registration may be suspended for a period of up to six (6) months or revoked.>>Notwithstanding any provision to the contrary, if a person commits two (2) violations of Section 31-303(i)(23), such person's chauffeur's registration may be suspended for a period of up to six (6) months or revoked.<<

Section 2. Section 31-303 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec 31-303. Chauffeur’s Registration; all types.

(a) It shall be unlawful for any person to drive any for-hire vehicle over any street in Miami-Dade County without first having obtained a chauffeur's registration from the CSD pursuant to this section.
* * *
(i) Chauffeurs must abide by all rules and regulations applicable to chauffeurs and shall be subject to enforcement, violations and penalties contained in this chapter and Chapter 8CC of this Code. A chauffeur shall comply with the following regulations:

* * *
(4) No chauffeur shall refuse or neglect to transport to any place in the county any orderly person regardless of race, sex, religion, national origin, age or physical disability [[(including a seeing-eye dog),]] who is willing and able to pay the prescribed fare and no chauffeur shall accept any additional passengers without the consent of the passengers already within the vehicle unless the passenger is being transported under a shared ride or other special service rate.

* * *

>>(23) No chauffeur shall refuse or neglect to transport to any place in the county any orderly person, including a service animal, who is willing and able to pay the prescribed fare and no chauffeur shall accept any additional passengers without the consent of the passengers already within the vehicle unless the passenger is being transported under a shared ride or other special service rate. As used in Chapter 31, the term “service animal” shall mean any guide dog, signal dog, or other animal, as defined in 28 C.F.R. § 36.104, individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. <<

Section 2. Chapter 8CC of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Chapter 8CC
CODE ENFORCEMENT
Sec. 8CC-10. Schedule of civil penalties. The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.
The "descriptions of violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this Chapter 8CC, regardless of whether all activities proscribed or required within that particular section are described in the "Description of Violation" column. To determine the exact nature of any activity proscribed or required by this Code, the relevant Code section must be examined.
Code Section Description of Violation Civil Penalty
* * *
>>31-303(i)(23) Refusal to transport passenger and $500.00
service animal, for first violation

31-303(i)(23) Refusal to transport passenger and $1000.00
service animal, subsequent violations<<

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
PASSED AND ADOPTED:

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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