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G-569 - 04/09/1996 - LICENSE AGREEMENT - Ordinances ORDINANCE 96-LC-TA-G-569 AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO ARTICLE II OF CHAPTER 8 ENTITLED, "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the Village Manager has recommended a comprehensive amendment to Article II of Chapter 8 entitled, "Vehicles For Hire" of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, the Village President and Board of Trustees have reviewed this comprehensive amendment and have approved the changes recommended by the Village Manager; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Article II of Chapter 8 entitled, "Vehicles For Hire" of the Code of Ordinances of the Village of Oak Brook is amended to read as set forth in the attached exhibit labeled Exhibit A and incorporated herein by reference. Section 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section That the Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form in the manner provided by law. PASSED THIS 9th day of April , 1996. Ayes: Trustees Bartecki, McInerney, Shumate and President Bushy Nays: None Absent: Trustees Kenny, Payovich and Savino Abstain: None APPROVED THIS 9th day of April 1996. r C Village President I I it Ordinance 96-LC-TA-G-569 Adopting a Comprehensive Amendment to Article II of Chapter 8 Relating to Vehicles for Hire, Page 2 ATTEST: illag Clerk la 5 - Approved as to Form: Village Attorney Published 4-10-96 Pamphlet form Date Paper Not Published CHAPTER 8 ARTICLE II. VEHICLES FOR HIRE DIVISION 1. GENERALLY Sec. 8-16. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Board. The Village Board. Cab company. A person or company engaged in business as proprietor of one or more taxicabs. Driver. A person who drives or is licensed to drive a taxicab on the streets and ways within the Village. Mileage. The distance in rate of fare, as mechanically registered, from the point of passenger pickup to the point of passenger delivery. Owner. Every individual, trustee, partnership, association or corporation, owning, operating or having the use or control of one or more vehicles for hire in the Village. Person. Includes a natural person, partnership, firm or corporation. Taxi Stand. A place which has been designated by the Village as reserved exclusively for the use of taxi cabs. Taxicab. A public conveyance for hire only at lawful rates of fare, which rates are as recorded and indicated by a taximeter. Taximeter. Any mechanical, electrical or electronic device installed in a public passenger vehicle, which calculates and indicates the fares, measures the distance traveled and time elapsed, and indicates other charges which may be due. Sec. 8-17. Licenses required. Each cab company and taxicab driver shall, as a condition precedent to operation of a taxicab in the Village, obtain the appropriate Village license as hereinafter provided. Sec. 8-18. Police requested service. Notwithstanding any other provision of this chapter, Oak Brook police officers may request service from a taxicab company not licensed to operate in the Village of Oak Brook in any emergency or non-emergency situation where the -1- police officer determines that taxicab service is necessary for protection of the public health, welfare and safety, and is not reasonably available from a licensed taxicab company. A taxicab operator, or taxicab company, not licensed under the provisions of this chapter, may provide taxi service in the Village of Oak Brook only to the extent such service is requested and authorized by an Oak Brook police officer as provided herein. Sec. 8-19. Taxicab commissioner. A taxicab commissioner (hereafter referred to as the commissioner) , shall perform all the duties and functions of commissioner as provided in this chapter, including but not limited to the following: (a) Convening and presiding at certain hearings and meetings required by this chapter, and (b) Approving, denying, revoking and suspending licenses pursuant to the provisions of this chapter. The Village Manager shall assume the duties of commissioner. The commissioner may at any time appoint a deputy commissioner, who shall have the power to perform any of the duties of the commissioner hereunder. Sec. 8-20. Use of taxicabs. (a) It shall be unlawful to refuse any person transportation in a taxicab to any place of destination within the Village in a taxicab that is unoccupied by a passenger for hire, unless it is on its way to pick up a passenger or otherwise out of service or unless the person to be served appears intoxicated or uses profane or abusive language in attempting to contract for service. When the taxicab is out of service or carrying a passenger, there shall be displayed on the taxicab, and visible to those outside the taxicab, a sign or light indicating the taxicab is "not for hire" in letters at least two inches in height. (b) Group riding is permitted in taxicabs, provided, that the driver accepts no more than five passengers for any trip, and provided that the fare charged to any passenger will be no greater than if he/she rode alone. Sec. 8-21. Identification on taxicab operated by a licensed cab company required. Every taxicab operated by a cab company licensed by the Village hereunder shall have displayed thereon, in the appropriate place, the following identification materials: (a) On the center of the exterior main panel of the front or rear doors of each such taxicab, there shall appear the cab number assigned by the cab company and the cab company' s name and telephone number; and (b) On the back of the front seat, clearly visible to passengers in the rear seat of the vehicle, there shall be affixed a copy of the taxicab driver' s license and the license number thereof in plainly 'legible print, the -2- telephone number of the cab company, and the rates charged for trips inside and outside of the Village. Sec. 8-22. Taxicab safety inspections. Every taxicab operated by a cab company shall pass an Illinois Department of Transportation (IDOT) certified safety lane inspection within thirty (30) days of application for a cab company license. During the term of every license, each taxicab shall display a current and valid IDOT certificate of safety inspection. No taxicab shall be operated within the Village without such certificate. The commissioner shall suspend the registration of any taxicab which fails to meet these inspection requirements. Sec. 8-23. Taximeters. Every taxicab operated by a cab company licensed by the Village shall be equipped with a taximeter connected with and operating from the transmission of the taxicab, subject to the following regulations: (a) No taximeter shall be attached to a taxicab unless it has been inspected by an inspector approved by the taxicab commissioner and found to be accurate. The cab company shall keep certificates of accuracy from the inspector for each taximeter and provide the same for inspection by a passenger upon request. (b) Each taximeter shall be inspected annually not more than thirty (30) days prior to March 1, or such other date set by the commissioner, and a certificate of accuracy, as provided above, shall be submitted by the cab company to the Village Clerk prior to renewal of the cab company license. (c) Taximeters shall have a lighted dial or dials to register the tariff in accordance with lawful rates as expressed herein and the dial shall at all times be maintained by the cab company in plain view and readable by the passenger. (d) No taxicab driver or cab company shall operate a taxicab with a taximeter that is inaccurate, that has not been inspected as provided herein, or that is otherwise not in compliance with the provisions of this chapter. (e) It shall be unlawful for any person to tamper with a taximeter. (f) Upon the request of the commissioner, the cab company shall submit any taximeter installed on a taxicab to an inspection to determine its accuracy. Sec. 8-24. Taxicab fares. Cab companies shall establish the rates of fare for their taxicabs on a mileage basis, such rates to be posted in the taxicab as required under Section 8-21. Upon request by the commissioner, cab companies shall furnish the commissioner with a current schedule of established rates. No changes in the rates shall be made unless the commissioner has been given thirty (30) days prior written notice of the rate change. -3- Sec. 8-25. Conduct of taxicab drivers generally. It shall be unlawful for any driver to conduct himself in a disrespectful or contemptuous manner toward any person, or to use abusive or profane language while so occupied or in charge of such vehicle. Sec. 8-26. Soliciting trade. It shall be unlawful for any driver to solicit by word, gesture or otherwise, the patronage of any person upon any public street or place in the Village. Sec. 8-27. Cruising prohibited. It shall be unlawful for any driver to seek employment by repeatedly and persistently driving his/her taxicab about the streets of the Village or otherwise interfering with the proper and orderly access to or egress from any theater, hotel or other place of public gathering. Sec. 8-28. Taxi stands. The commissioner may authorize establishment of taxi stands in such places as the commissioner deems necessary for the use of taxicabs operated in the Village. No taxi stand shall be created on a public street. In establishing taxi stands, the commissioner shall consider the need for such stand, the convenience to the general public and the possible traffic hazards which might ensue. No taxi stand shall be created in any manner that is inconsistent with the provisions of the Zoning ordinance of the Village of Oak Brook as amended from time to time. When such taxi stand is created, the commissioner shall prescribe the number of taxicabs that may occupy such taxi stand. Taxi stands shall be used by the different drivers on a first-come, first-served basis. The driver shall pull onto the taxi stand from the rear and shall advance forward as the cabs ahead pull off. Nothing in this chapter shall be construed as preventing a passenger from boarding the cab of his/her choice that is parked at a taxi stand. Sec. 8-29. Condition of taxicabs generally. (a) Every taxicab operated in the Village by a cab company licensed by the Village shall be maintained in a safe condition at all times. Each taxicab shall have two doors on each side of the taxicab. If any taxicab shall become unsafe for operation or if its body or seating facilities shall be so damaged as to render the taxicab unfit for public use, the commissioner may suspend the license issued to the cab company operating that vehicle, or suspend that taxicab' s registration, until the vehicle is made safe for use by the public. (b) Every taxicab shall be so designed and manufactured so as to have sufficient doors that every passenger may enter and exit without crossing any interior barriers; and have a sufficient number of exits of such size as will permit every passenger and the driver to exit from the vehicle in the event that exiting on one side is not possible due to an accident. (c) In addition to the requirements of Section 8-22, every taxicab -4- operated by a cab company licensed in the Village shall meet the following standards while in service in the Village: (1) The vehicle' s exterior appearance including paint, lettering and chrome shall be in good condition and free from excessive rust; (2) The vehicle' s interior shall be clean, sanitary and the upholstery shall be in good repair. Sec. 8-30. Books and records of account. Every licensed cab company shall keep accurate books and records of account and log books of service rendered in its dispatching office. The commissioner shall be permitted to examine those books and records of account and logs as they may relate to a specific charge that is the subject of a public hearing under the provisions of this chapter. Sec. 8-31. Complaints. (a) Any person may file a written complaint with the commissioner regarding the conduct of a driver or cab company or the condition of the vehicle. (b) The commissioner shall investigate all complaints against drivers or cab companies. He/she shall notify the driver and the cab company of the complaint and shall hold a meeting on the matter. If the commissioner determines that such a meeting is necessary, the driver and a representative of the cab company shall be present. If the commissioner determines that any provision of this chapter has been violated, he/she shall take any further action consistent with the provisions of this chapter and may also refer the matter to the police department. Sec. 8-32 - 8-40. Reserved. DIVISION 2. LICENSES Sec. 8-41. Cab company license required. It shall be unlawful for any cab company to operate a taxicab for transportation of passengers for hire from a point of origin within the Village unless that cab company is licensed by the Village. It shall be unlawful for any cab company to operate a taxicab that is not properly registered pursuant to Sections 8-42(c) and (d) . Sec. 8-42. Application for and issuance of cab company license. The cab company shall apply to the Village Clerk for a cab company license before operating any taxicabs within the Village. The application for a cab company license shall be approved by the commissioner and a cab company license issued pursuant to the following rules and regulations: (a) Application shall be made by the cab company in writing to the Village Clerk on a form as reasonably required and approved by the -5- commissioner. A license fee of two hundred dollars ($200.00) shall be submitted with the application. If the application is for renewal of a cab company license, the application shall be submitted to the Village Clerk by March 1 of the year in which the license will expire. Applications filed after this deadline shall be considered a late filing but shall be accepted by the Village Clerk provided a late filing fee of fifty dollars ($50.00) is submitted with the application and the license fee. (b) The cab company shall be required to include in the application a true statement of certain facts including, but not limited to, the state of incorporation of the cab company if the cab company is a corporation; whether the cab company is organized and qualified to do business under the laws of the State of Illinois if the cab company is a corporation; the cab company's principal place of business; the names of the individuals who own the cab company; whether the cab company is a corporation, partnership or sole proprietorship; the registered agent of a corporate cab company. (c) The cab company shall, with its application for a cab company license, register or cause to be registered each taxicab operated by or operated for, such company within the Village. The following information for each taxicab to be registered shall be provided: (1) The year, make, color and vehicle identification number. (2) Name, address and telephone number of the owner. (3) Written certification that required safety inspections of the taxicab and inspection of the taximeter have been completed within thirty (30) days prior to application and that these inspections find the taxicab to be safe and the taximeter to be in proper working order and accurate. (d) A taxicab shall not be registered under subsection (c) above until it has passed a visual inspection by Oak Brook Police Department personnel to ascertain compliance with Sections 8-21, 8-22 and 8-29. If the taxicab successfully passes the inspection, police department personnel shall affix a sticker inside the rear window of the taxicab at the lower right corner, indicating that it is properly registered with the Village. The sticker shall remain on the taxicab throughout the term of the cab company license and shall not be removed. (e) The Village shall investigate the owner(s) of the applicant cab company. If this investigation or the application material uncovers information showing any of the following, the application shall not be approved and no license shall be issued to the cab company: (1) An owner(s) has been convicted of a felony based upon his/her conduct or involvement in such business activity or similar business within the past ten years; (2) An owner(s) has been convicted of a felony or misdemeanor unrelated to his/her conduct or involvement in such business activity or similar business, but which felony or misdemeanor -6- involved the use of a deadly weapon, traffic in narcotic drugs, other controlled substances, or violence against another person, including criminal sexual assault and sexual abuse, within the past ten years; (3) An owner(s) has been convicted of a misdemeanor based upon his/her conduct or involvement in such business activity or similar business within the past two years; or (4) The owner(s) or applicant(s) has misrepresented facts in the application for a license. (f) No cab company license shall be issued unless the applicant has fully complied with the application and disclosure requirements of Sections 8- 42 and 8-43. Sec. 8-43. Insurance Requirements. (a) The cab company shall be required to file with the Village Clerk, along with its application for a cab company license, a certificate of insurance showing that the cab company, its drivers and employees, are insured against public liability and property damage in not less than the amounts shown in subparagraph (b) on account of its operation of taxicabs in the Village, and shall provide proof of automobile liability insurance for each taxicab registered pursuant to this section. The cab company shall also file a certificate of insurance for worker's compensation claims in not less than the amounts required by State Statute. (b) Taxicab companies with independent contractors as taxicab drivers must cause each driver to provide proof of automobile liability insurance for each taxicab registered pursuant to this section. The limits for the required automobile liability insurance shall be not less than $100,000 for injury to any one person or $300,000 for personal injuries in any one occurrence, and not less than $25,000 for property damage in any one occurrence. (c) If the insurance expires or is otherwise terminated during the term of the license, the cab company shall submit to the commissioner, within fifteen (15) days of receipt thereof, a new certificate of insurance showing that the policy has been renewed or a new policy obtained which meets the requirements of this section. Sec. 8-44. Transfer of cab company license. If a licensee holding a cab company license under this chapter shall change the principal place of business, it shall apply to the Village Clerk for a transfer of the license, such application to state the address of the new principal place of business. Upon approval of the commissioner, the Village Clerk shall make the necessary alterations and endorse the transfer on the license. No fee shall be required for the transfer of a license for a change in the principal place of business of the company. -7- If ownership of a cab company licensed under this chapter shall be conveyed to a new owner, said new owner shall apply for a new license in its name in accordance with the procedures and standards set forth in Sections 8-42 and 8- 43 herein. There shall be no transfer of a license from one owner of a business to another. Sec. 8-45. Term of taxicab company license; proration. The term of all taxicab company licenses issued under the provisions of this chapter shall be from April 1 to March 31, and in every case shall expire at the end of the day on March 31 next following the date of issuance. The full yearly license fee shall be charged no matter when the license is applied for or issued. Sec. 8-46. Changes in taxicabs during license term. During the term of any license issued to a cab company, if the cab company substitutes another taxicab for any taxicab registered with the Village pursuant to Section 8-42(c) of this Article, or adds any additional taxicab to the list of registered taxicabs, the company shall register such substitute or additional taxicab with the Village pursuant to Sections 8-42(c) and (d) . Sec. 8-47. Taxicab driver's license required. It shall be unlawful for any driver to operate a taxicab for a cab company licensed by the Village unless that driver is licensed by the Village. It shall be unlawful for any driver to operate a taxicab that is not properly registered pursuant to Sections 8-42(c) and (d) . Sec. 8-48. Transfer of taxicab driver's license. No taxicab driver's license shall be assigned or transferred to any other person. Sec. 8-49. Application for and issuance of taxicab driver's license. The application for a taxicab driver's license shall be approved by the commissioner and a taxicab driver's license issued pursuant to the following rules and regulations: (a) Application shall be made by the driver in writing to the Village clerk on a form as required and approved by the commissioner. Prior to issuance of the license, a license fee of twenty-five dollars ($25.00) shall be submitted. (b) The driver shall be required to include in the application a true statement of certain facts including, but not limited to, the age of the driver, the driving convictions of the driver, the type of state driver's license of the driver, any felony convictions of the driver, the home address and home telephone number of the driver. (c) At the time of application, the driver shall submit his/her driving abstract obtained from the Illinois Secretary of State's office within -8- thirty (30) days prior to the submittal of the application for a license. (d) At the time of application, the driver shall submit a 1-1/4" x 1- 1/4" photo of him or herself clearly showing his/her face and shoulders, which photo shall have been taken within thirty (30) days prior to the date of application. (e) The Village shall investigate the applicant for a taxicab driver's license. If this investigation or the application materials uncover information showing any of the following, the application shall not be approved and no taxicab driver's license shall be issued to the applicant: (1) The applicant has been convicted of a felony based upon his/her conduct or involvement in such business activity or similar business within the past ten years; (2) The applicant has been convicted of a felony or misdemeanor unrelated to his/her conduct or involvement in such business activity or similar business, but which felony or misdemeanor involved the use of a deadly weapon, traffic in narcotic drugs, or violence against another person, including criminal sexual assault and sexual abuse, within the past ten years; (3) The applicant has been convicted of a misdemeanor or licensing ordinance violation based upon his/her conduct or involvement in such business activity or similar business within the past two years; (4) The applicant has been convicted of driving under the influence of drugs or alcohol within the past five years; (5) The applicant has been convicted of reckless driving within the past five years; (6) The applicant's driver's license has been suspended for violations concerning his/her operation of a motor driven vehicle within the past five years; or (7) The owner(s) or applicant(s) has misrepresented facts in the application for a license. (f) The applicant for a taxicab driver's license shall provide to the Village Clerk with his/her application evidence that he/she holds a valid Illinois operator's license that allows him/her to operate taxicabs under the laws of the State of Illinois. (g) Upon issuance of a taxicab driver's license, the driver shall at all times when operating a taxicab in the Village carry a license card that contains his/her name, license number and year for which the license is valid. The taxicab driver shall exhibit this card upon the request of any passenger or police officer. (h) No cab company license shall be issued unless the applicant has -9- fully complied with the application and disclosure requirements of Sections 8- 42 and 8-43. Sec. 8-50. Term of taxicab driver's license; proration. The term of all taxicab driver's licenses issued under the provisions of this chapter shall be from April 1 to March 31, and in every case shall expire at the end of the day on March 31 next following the date of issuance. The full yearly license fee shall be charged no matter when the license is applied for or issued. Sec. 8-51. Denial, suspension and revocation of licenses. (a) If a license is denied under the provisions of this chapter, the applicant may file a written appeal of the decision to the taxicab commissioner within seven days of receipt of the decision. The written appeal shall set forth the reasons why the applicant believes the decision to deny the license should be reversed. The taxicab commissioner shall respond to the appeal within 14 days either affirming or reversing the decision to deny the license; the commissioner's response shall be final. (b) Any license issued under the provisions of this chapter may be revoked or suspended for a violation of the provisions of this chapter by the commissioner. The commissioner may revoke or suspend a license only after a hearing has been held at which hearing the driver or cab company or both may appear to present evidence in his/her behalf. The Village Clerk shall give ten days notice of the hearing by certified mail to the driver and/or cab company whose license may be revoked or suspended. This notice shall state the date, time and place of the hearing and the nature of the charges giving rise to possible revocation or suspension of the license. Upon the conclusion of this hearing, the commissioner may revoke or suspend the license if he/she finds that the preponderance of the evidence presented at the hearing is such as to substantiate a violation of one or more of the provisions of this chapter. Sec. 8-52. Mandatory revocation of a license. Any cab company license or taxicab driver's license issued to a cab company or driver shall be revoked by the commissioner, if the commissioner finds, after hearing: (a) That the cab company or driver has been convicted of a felony or violent crime while holding the license; (b) That the cab company or driver has failed to pay a judgment due the Village; (c) That an owner of the cab company or driver was in possession of narcotics or other controlled substance or open liquor in a taxicab; (d) That the driver of a taxicab directed anyone to a house of prostitution or to a gambling house; -10- (e) That the driver of any taxicab has been convicted of drunken driving or reckless driving by a court of competent jurisdiction; or (f) If any other section of this chapter requires revocation for a violation thereof. Sec. 8-53 - 8-60. Reserved. DIVISION 3. TAXICAB SERVICE; PENALTIES Sec. 8-61. Maximum number of taxicabs to be registered for operation within the Village. No more than fifty-five taxicabs shall be registered for operation within the village at any one time. Sec. 8-62. Changes in the number of taxicabs. (a) The Village Board alone shall determine whether the public convenience and necessity require a change in the maximum number of taxicabs which may be registered for operation in the Village as provided in Section 8- 61 of this article. In determining whether the public convenience and necessity require change in the maximum number of taxicabs which may be registered for operation in the Village, due consideration shall be given by the Village Board to the following: (1) The public demand for taxicab service; (2) The effect of an increase in the number of taxicabs on the safety of existing vehicular and pedestrian traffic; and (3) The effect of increased competition on revenues of taxicab operators, on cost of rendering taxicab service including provisions for proper reserves and a fair return on investment in property devoted to such service, and on the wages or compensation, hours and conditions of service of taxicab drivers. (b) A cab company may request that the Village Board amend the maximum number of taxicabs which may be registered for operation in the Village as provided in Section 8-61 by filing such request in writing with the Village Clerk, together with supporting information and documentation. The Board may request such additional information as it deems necessary in order to consider the request. Sec. 8-63. Penalty for violation of the provisions of this chapter. The commissioner may revoke or suspend a license issued hereunder upon violation of any provision of this chapter in accordance with applicable requirements for hearing and notice. Notwithstanding any revocation or suspension of a license by the commissioner hereunder, the cab company or driver may be convicted of a violation of any section of this chapter by a court of competent jurisdiction and shall be fined upon conviction a minimum of seventy-five dollars ($75.00) to a maximum of five hundred dollars -11- ($500.00) for each offense. A violation of any provision of this chapter shall constitute a separate offense for each day such violation continues. Sec. 8-64 - 8-75. Reserved. -12-