Legislative Matter

Miami-Dade Legislative Item
File Number: 121045

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Clerk's Official Copy

File Number: 121045

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 12-68

Control: Board of County Commissioners

File Name: VEHICLES FOR HIRE AMEND CHAPTER 31 RETIREMENT 12-31-13

Introduced: 5/23/2012

Requester: NONE

Cost:

Final Action: 9/6/2012

Agenda Date: 9/4/2012

Agenda Item Number: 7G

Notes:

Title:

ORDINANCE RELATING TO VEHICLES FOR HIRE; AMENDING CHAPTER 31 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT TAXICABS SCHEDULED FOR RETIREMENT ON DECEMBER 31, 2012 SHALL BE ALLOWED TO BE OPERATED FOR AN ADDITIONAL ONE-YEAR PERIOD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

Indexes:	AMENDING CODE
	VEHICLES FOR HIRE

Sponsors:	Jean Monestime, Co-Prime Sponsor
	Joe A. Martinez, Co-Prime Sponsor
	Audrey M. Edmonson, 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

Board of County Commissioners	9/6/2012	7G	Adopted				P
REPORT:	Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Heyman stated she voted against this item in committee, and although she understood the bad economy and the need to maximize the use of cars, this was the third extension, and it put some of the cabs at eleven years old. She expressed great concern regarding this extension. She said she went through great measures with industry and stakeholders at MIA, indicating that sometimes the only interaction people got with the county was when traveling from the airport to the seaport in these older, for-hire vehicles. She was hopeful that some of the new Board members on the dais understood that this was the third one-year extension that had been granted. Commissioner Souto inquired whether any additional safety checks were being completed in light of the extensions granted for years of use with the taxicabs. He noted that he did not have a problem with the extension, but felt added safety measures should be required. Responding to Commissioner Souto’s question, Mr. Mario Goderich, Assistant Director of (RER) stated the vehicles were checked quarterly for safety. Chairman Martinez asked Mr. Goderich if the cost of the re-inspection had been reduced. In response to Chairman Martinez’ question, Mr. Goderich stated it was reduced about a year ago, but the frequency of the inspection was still necessary. Commissioner Moss questioned whether the aesthetics of the vehicles were being examined when quarterly inspections were completed. In response to Moss’ question, Mr. Goderich stated that they looked at exterior paint, dents, obvious safety issues on the interior and other safety issues that would require the vehicles be corrected. Commissioner Moss asked if there was an attempt to limit the number of battered cabs on the street. Mr. Goderich said if a vehicle had obvious aesthetic issues they provided an opportunity for the vehicle to be corrected and re-inspected. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance as presented.

Regional Transportation Committee	7/9/2012	1F5	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Bruce Libhaber read the foregoing proposed ordinance into the record. Chairman Barreiro opened the public hearing for persons wishing to speak in connection with this ordinance, and the following persons appeared: 1) Mr. Raymond Francois, 11917 NE 16 Ave, appeared in support and noted the economy was bad, and business was slow for the taxicab drivers. 2) Mr. Dawood Akhtar, 1735 NE 142 St, appeared in support of the proposed one-year extension on the vehicle age limitations. 3) Mr. Jorge Cortes, 6885 W. 2nd Court, Hialeah, appeared in support of the one-year extension and deplored the fact that taxicab drivers were not represented by the Taxicab Advisory Group. 4) Mr. Mohamed Khan, 13701 SW 90 Ave, Apt #L214, appeared in support of this ordinance and suggested that it be amended to raise the age limit of taxicabs. Chairman Barreiro closed the public hearing after no other persons appeared wishing to speak. Commissioner Edmonson asked to be listed as a co-sponsor of this ordinance. Commissioner Heyman noted she previously heard that the vehicle age requirements for taxicabs were extended one year at a time, and asked staff to explain those time frames. Mr. Mora noted each time an extension was granted, older for-hire vehicles, due to retire, were allowed to remain in service one additional year. He explained that older taxicabs are retired on December 31st of each year, and newer vehicles are placed into service the following January. Commissioner Heyman asked if it was true that 8 year-old taxicabs, due to retire in 2010, received a one-year extension in 2010, another one in 2011 and were now 10 years old and due to retire in 2012, but the drivers requested another extension to allow them to remain in service one more year. Mr. Mora noted that was correct. Commissioner Heyman noted she supported the past two extensions, but would not support another extension on a ten-year old vehicle for-hire. She expressed concerns regarding tourists/passengers being picked up at nice venues or at the airport by a sub-standard vehicle, even if it operated fine mechanically, especially since the County was trying to encourage people to support this industry. She said she believed that vehicles for hire in this community should be retired from service after ten years, and that the medallion owners should provide drivers with newer vehicles in order to attract better business. Commissioner Souto reiterated that it was fundamental and crucial for the County to have a stringent inspection process in place to guarantee the vehicles for hire were decent and safe, and that the inspections should include inspecting the mechanics as well as the aesthetics of the vehicle. Commissioner Edmonson said that she would support another one-year extension on the vehicle age requirements until the economy improved, and would co-sponsor this ordinance, but her position remained the same regarding the appearance/aesthetics of older for hire vehicles still in service. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners	6/5/2012		Tentatively scheduled for a public hearing	Regional Transportation Committee	7/9/2012

Board of County Commissioners	6/5/2012	4C	Adopted on first reading		7/9/2012		P
REPORT:	The foregoing ordinance was adopted on first reading and set for a public hearing before the Regional Transportation Committee on Monday July 09, 2012, at 9:30 AM.

County Attorney	5/23/2012		Referred	Regional Transportation Committee	7/9/2012

County Attorney	5/23/2012		Assigned	Gerald K. Sanchez

Legislative Text

TITLE
ORDINANCE RELATING TO VEHICLES FOR HIRE; AMENDING CHAPTER 31 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT TAXICABS SCHEDULED FOR RETIREMENT ON DECEMBER 31, 2012 SHALL BE ALLOWED TO BE OPERATED FOR AN ADDITIONAL ONE-YEAR PERIOD; PROVIDING 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. 31-93. Special provisions.

* * *

(e) Notwithstanding the vehicle age limits required by Sections 31-82(l)(4), 31-89(f) and 31-93(c)(3) of the Code, any properly permitted and inspected taxicab scheduled for retirement on December 31, [[2011]] >>2012<< shall be allowed to be operated for an additional one-year period.

* * *

Section 2. 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 3. 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 4. 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.

1Words 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.