HomeMy WebLinkAboutO-00-25ORDINANCE NO. 0-00-25
AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING
CODE OF ORDINANCES CHAPTER 106 VEHICLES FOR HIRE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has determined that no public interest is served in maintaining
a regulatory permit system fbr operation of taxicab businesses in the City; and
WHEREAS, public resources are wasted by such unduly burdensome business regulation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That sections 106-26 through 106-31, and sections '106-5'! through 106-
58, Code of Ordinances, City of Sebastian, Florida are hereby deleted and said section numbers
are reserved.
Section 2. That section 106-76 of the Code of Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 106-76. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Permit ho!der Fixed Route ()?erator means any person that holds -a- all req~_~...r._.e.._d_
its ~.,~ ~:,:~+~ ^c ~.,~1: ........ : ......~ ......:+.,
and necessa~ perm ................. t~ ................................ j to engage
in the business of operating a tax~cab vehicle over the public streets and alleys of the
city on a fixed, established route, such .... ......... :~ ~:,~,~~ .... ..a as a bus ~
CO~Oi~y. ~Qach van,
Section 3. That section 106-77 of the Code of Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 106-77. Loading zone application.
Any penffffhot4~ Fixed Route ._()d~eralor may apply in writing to the ~
manag~ for ~ ..... .-~ ~c ~,; ...... ;~
........ ~ .......... ~ ........... the establishment of a loading zone on the
public streets. Such written application shall designate the exact spot for such loading
zone and, if and when approved by the ~9~__~Oo_og~[, the city shall mark, set
apa~ and designate each of the spots as a loading zone for the use and benefit of a
~ Fi~.R~ut~Operator. It shall be unlawful/hr any person to stop, stand
or park any vehicle in such loading zone except a ~ P~xed Route
~erator.
Section 4. That section 106-78 of the ('.,ode qf Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 106-78. Permit to construct benches; restrictions.
Any pevmk-hotde~ Fixcd Route Operator may apply in writing to the c:gW-ete~ city
manager for a permit to erect, construct and maintain benches or seating for the use
of the general public at any loading zone established under this division. Such permit
shall state the kind and type of seating and shall indicate the spot on the public street
right-of-way where the bench or seating shall be placed and shall state any
advertising, signs or painting to be placed thereon or affixed thereto. If and when such
application is approved by the city council, the city clerk city manager shall issue a
permit for the specific public seating, painting and advertising and the permit shall not
be changed or altered except by written amendment of the permit by the ~ ~
man_ager. Such seating shall be placed at such a location as will, in the discretion of
the city council, constitute a minimum of interference with vehicular and pedestrian
traffic on the public streets.
Section 5. That section 106-79 of the Code of Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 106-79. Revocation of permit; removal of facility.
The city council may, after 30 days' notice in writing delivered by mail to any-pem~
holder-FixedRoute Operator, evoke, cancel and terminate any permit issued pursuant
to this division and immediately upon such revocation, any~ Fixed Route
Operator shall remove any facility placed on the public streets pursuant to such
permit. Should any ~ Fixed Route Operator fail to remove such facility,
then the ~ city manager_shall remove and destroy the facility. Any permit for
construction of benches granted pursuant to this division shall become and be deemed
a part of the loading zone permit of the ~ Fixed Route Operator, and
upon revocation or suspension of the loading zone permit, then any permits for
construction of benches shall likewise be suspended or revoked.
Section 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance
shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to re~nain in full force and effect.
Section 8. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the
City Council.
foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councihnember ,-/--~ and,
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed
and adopted this __
December, 2000.
day of
CITY OF SEBASTIAN, FiLORiDA
ATTEST:
Sally A. Mai~, CMC
City Clerk
By: ~x~)~ ~2)0~,c,X~
. Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorr~