Miami-Dade Legislative Item
File Number: 132336
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File Number: 132336 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: TAXICABS SCHEDULED FOR RETIREMENT Introduced: 11/20/2013
Requester: NONE Cost: Final Action: 12/3/2013
Agenda Date: 1/29/2014 Agenda Item Number:
Notes: SPECIAL ITEM NO. 5; SEE 141109 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE RELATING TO VEHICLES FOR HIRE; AMENDING CHAPTER 31 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT MODEL YEAR 2005 TAXICABS SCHEDULED FOR RETIREMENT ON DECEMBER 31, 2013 SHALL BE ALLOWED TO BE OPERATED UNTIL JUNE 30, 2014; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: TAXICAB
Sponsors: Jean Monestime, Prime 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 1/29/2014 Special Item No. 5 Amended
REPORT: (See Agenda Special Item No.5 Amended; Legislative File No. 141109 for the amended version.)

Transportation & Aviation Committee 1/15/2014 1E3 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing proposed ordinance into the record. Chairman Moss opened the public hearing for persons wishing to speak on the foregoing ordinance, and the following persons appeared: 1. Mr. Jerry Moskowitz, Vice Chair of the TAG Association, 2284 NW 36 Street, noted he had always been supportive of the Code’s eight year age requirement for retiring taxicab vehicles; however, the County Commission had extended it to nine years for the past several years, and he felt the drivers were not given enough notice this time, only three months, to replace their vehicles when they expected another year. He thanked Commissioner Monestime for bringing this ordinance forward, and urged the Board to extend it another six months. 2. Mr. Gustavo Chacon, limousine driver, 1051 NW 18 Avenue, noted drivers should know when to retire their vehicle and plan for it; that there was no excuse and the vehicles in question should have been removed from service by December of last year. He said he felt it was unfair to allow these cars to continue operating, especially since the County had a goal of becoming a world class destination. 3. Mr. Geoffry Radlein, taxi operator, 21226 SW 97 Place, commended Commissioner Monestime for having common sense in this matter. He noted it was reasonable to give drivers sufficient time to comply with the requirement, especially if they had budgeted to use their vehicle for another year. Chairman Moss closed the public hearing after no other persons appeared to speak. Commissioner Monestime noted his intention was not to allow older taxicab vehicles to remain in service, but to respond to the concerns of drivers who were given only two-months to replace their 2005 model vehicles, when the County had given drivers a one-year extension in the past. He said he felt an additional six months to assist them was not too long. It was moved by Commissioner Monestime that the foregoing proposed ordinance be forwarded to the County Commission with a favorable recommendation, followed by a discussion. Commissioner Bovo inquired of staff about the two month notice. He also asked how far in advance should taxicab drivers know when to retire their vehicles, and was this notice included in the Code. Mr. Mora noted a requirement is written in the County’s Code that taxicab vehicles must be retired after 8 years; however, one-year extensions have been granted by the County Commission over the past three years. He also noted that the RER Department sends out a courtesy notice 90 days in advance to remind drivers when their vehicles are due to be retired. Commissioner Bovo said he appreciated Commissioner Monestime’s wisdom in this matter, but felt the drivers should not be absolved of their responsibility; and that at some point in time, all taxicab drivers needed to be responsible for complying with the vehicle age requirement and replace those vehicles scheduled for retirement. In response to Vice Chair Barreiro’s question regarding how many 2005 model taxicab vehicles were currently being operated on the streets, Mr. Mora advised that 138 of these vehicles remained in operation; however, the number was 284 when this ordinance was introduced and half those vehicles have since been retired and replaced with a newer model. Commissioner Monestime said he agreed that the drivers were responsible for complying with the vehicle age requirement, but he wanted to be fair. He noted drivers in the past were given a one-year extension due to the recession; however, drivers of the 2005 model vehicles had also suffered economic hardships from the recession, and were only asking for a little more time to comply. He said he was glad to hear that only 138 of these model vehicles remained in operation, and not 600 as originally thought, and that hopefully this would be the last extension considered for a while. Vice Chair Barreiro expressed concern that the drivers of the remaining 138 vehicles would be subjected to price gouging when replacing their vehicles. He asked about the penalty for drivers who did not comply within the timeframe required, prior to this ordinance. Mr. Mora noted these vehicles were scheduled for retirement by June 30, 2014, and should this ordinance not pass, the RER Department would send out another courtesy notice near the end of March, reminding drivers of the retirement date, which would afford them some time to replace their vehicles. Commissioner Bovo noted his concern was that the deadline date would be extended again beyond June, regardless if this ordinance passed, and he felt the date should be final. He said he would support this ordinance only if no further extensions were granted, and the taxi industry assisted with enforcing it. Chairman Moss noted he was not inclined to support this ordinance; however, based on the circumstances, would support a six month extension if it was made clear that no further extensions would be granted. He said that at some point in time, the County needed to take a firm stand and make it clear that the drivers were responsible for complying with the vehicle age requirements. Commissioner Monestime said he agreed with Commissioner Bovo and Chairman Moss’ comments, and that he had informed the drivers this would be the last extension offered. Chairman Moss asked if it was possible that the deadline could be extended beyond June 30, 2014, and what would be the consequence if the driver did not comply by that date. Mr. Mora reminded Committee members that the taxicab vehicle inspection process would continue on a quarterly basis. He noted those vehicles scheduled for retirement by June 30, 2014 could no longer be inspected or receive a valid inspection decal after that date; and that a driver would be subjected to civil penalties if caught illegally operating a taxi cab vehicle that had not passed inspection. Chairman Moss emphasized that he would not support any more extensions for retiring these vehicles. Commissioner Bovo seconded the foregoing motion offered by Commissioner Monestime, and the Committee proceeded to vote on this ordinance as presented.

Board of County Commissioners 12/3/2013 Tentatively scheduled for a public hearing Transportation & Aviation Committee 1/15/2014

Board of County Commissioners 12/3/2013 4C Adopted on first reading 1/15/2014 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Transportation and Aviation Committee (TAC) on Wednesday, January 15, 2014, at 2:00 p..m.

County Attorney 11/20/2013 Referred Transportation & Aviation Committee 1/15/2014

County Attorney 11/20/2013 Assigned Gerald K. Sanchez 11/20/2013

Legislative Text


TITLE
ORDINANCE RELATING TO VEHICLES FOR HIRE; AMENDING CHAPTER 31 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT MODEL YEAR 2005 TAXICABS SCHEDULED FOR RETIREMENT ON DECEMBER 31, 2013 SHALL BE ALLOWED TO BE OPERATED UNTIL JUNE 30, 2014; 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:
CHAPTER 31
VEHICLES FOR HIRE
* * *

ARTICLE II. LICENSING AND REGULATION OF FOR-HIRE MOTOR VEHICLES.

* * *

Sec. 31-93. Special provisions.

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(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, 2012 shall be allowed to be operated for an additional one-year period. >>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 model year 2005 taxicab scheduled for retirement on December 31, 2013 shall be allowed to be operated until June 30, 2014<<.

* * *

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.



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