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G-32 - 02/20/1962 - TAXI LICENSE - Ordinances JEB:Kt,_ 2-19-62 9 cc. ftECsS 10ft- -rAX I - 'z AN ORDINANCE REGULATING A]IvD LICENSING PUBLIC PASSENGER VEHICLES WITHIN THE VILLAGE OF OAKBROOK, DU PAGE COUNTY, ILLINOIS BE IT ORDAINED by the President and the Board of Trustees of the Village of Oakbrook, DuPage County, Illinois : Section 1. Definitions. For the purpose of this ordinance the words and terms given below shall have, respectively, the follow- ing meanings : Public Passenger Vehicle. Any motor vehicle or other vehicle not operated on fixed rails , which is designed and used, upon the streets of the Village for the transportation of passengers for hire (except vehicles the use of which is sub- ject to State regulation as a public utility) . Taximeter. Any instrument or device which records and indicates a charge or fare measured by distance traveled, waiting time and. extra passengers. Taxicab. Any public passenger vehicle, equipped with a taximeter, having a rated seating capacity of not more than seven persons. Livery Car or Livery Automobile. Any public passenger vehicle, other than. a sightseeing car, used for the transporta- tion of passengers for hire by individual contract, on a trip or hourly basis. Sightseeing, Car. A. public passenger vehicle of rated seating capacity of more than five persons designed to carry passengers from a fixed locality to points of interest or to special destinations in the Village. C� Owner. Any person having legal title to a vehicle or, whether under conditional sale or otherwise, having the immediate right of possession and control. Operator. Any person having the management or control G -3ol of the operations of a public passenger vehicle. Driver or Chauffeur. Any person who is in actual physical control of a vehicle. Section 2, License--Issue--Term. No owner of a public passenger vehicle shall operate the same or permit the same to be operated by picking up any passenger for hire within the Village, unless such vehicle be licensed as hereinafter provide6. Upon approval of application therefor as hereinbelow provided and payment of the prescribed license fee, a license shall be issued by the clerk to the owner of a public passenger vehicle authorizing him to operate the same in the Village. All owners ' licenses shall expire on the 30th day of April following the date. of issue. Section 3. Licenses--Fees. The annual owner' s license fee for each public passenger vehicle shall be as follows : Initial five taxicabs of one owner. . . . . . . . . . . . . . . . . .$150.00 Each additional taxicab of one owner. . . . . . . . . . 30.00 Initial livery car of one owner. . . . . . . . . . . . . . . . . . . . . 30.00 Second livery car of one owner. . . . . . . . . . . . . . . . . . . . . . 30.00 Each additional livery car of one owner. . . . . . . . . . . . . 30.00 Sightseeing . . . . . . . . . . . . . . . 30.00 Section 4. License—Application. Application for license shall be sworn to and shall be filed by the owner with the Village Clerk on blank forms to be furnished by the Clerk. The application shall contain (a) the full name and address of the applicant, (b) the nature of his ownership, whether absolute, conditional or as lessee, (c) the number of vehicles for which license is desired, (d) a description of each vehicle, including the make or manufacturer' s name, the seating capacity, and the motor serial number (if a motor vehicle) , (e) the number of drivers to be employed, and (f) such other information as the Board. may prescribe. Section S. Public Convenience and Necessity—Declaration. Hearing. No public passenger vehicle license shall 2 G- 3Z be issued to new orners or operators of public passenger vehicles unless the Board , after a hearing, shall , by resolution, declare that public convenience and necessity require additional public vehicle service of the character offered. Provided, that such declaration of public con- venience and necessity shall not be necessary for (a) the licensing of the same number of public passenger vehicles already licensed for operation and ope rated by the applicant under the same name and colors, or the renewal of the same number of licenses annually thereafter, or (b) the renewal of a license previously issued to said vehicle, or (c) upon transfer to permit replacement of a vehicle for one already licensed. Tests. In determining whether public convenience and necessity require the licensing of public passenger vehicles for which application has been made, the Board. shall take into consideration: The demand for such services , the effect on traffic congestion, whether the safe use of the streets for vehicular and pedestrian traffic will be impaired, the financial responsibility of the applicant , the schedule of the maximum rates proposed to be charged, the wages or other compensation. to be paid to or received by the driver or chauffeur of such vehicle, the color scheme and character of equipment, and any other facts which the Board may deem relevant. To this end the Board may require the applicant to furnish such additional information as it may deem necessary. Declaration, Notice. If the Board finds from the 3 - G - 3;;L inspection and hearing and declares that public convenience and necessity justify the operation of the vehicle for which license is desired , it shall notify the applicant thereof and refer the application. to the Chief of Police; if the Board finds and declares to the contrary it shall forthwith notify the applicant thereof. Section 6: Examination of Applicant. The Chief of Police, upon receipt of the application. for a public passenger vehicle license , shall , in person or by some police officer designated by him, examine the applicant as to (a) the truth of the statements made in such appli- cation, (b) the applicant ' s knowledge of the provisions of this ordinance, of the traffic code, and of the geography of the Village, and (c) the ability of the applicant to comply with the provisions of this ordinance. No license shall be issued to an applicant if the results of said examination are unsatisfactory in any respect , nor to an applicant who makes a false statement in his application.. After said examination and the inspection required by this ordinance the Chief of Police shall endorse on the application. his recommendation as to whether or not the license shall be issued and shall forward the application to the Board of Trustees. The Board shall determine whether the applicant is entitled to a license under the provisions of this ordinance. No license shall be issued unless such approval 4- has been given. Section 7 : Inspection Before Licensing. No public passenger vehicle shall be licensed until it has been inspected, as provided in Section 11, and approved by the Chief of Police, and. found to be in safe condition for the transportation of passengers , clean, of good appearance, well painted, the taximeter, if any, functioning properly, and in full compliance with the provisions of this ordinance. Section 5 : Insurance--Bonds. Before any application for license or for renewal of a license to operate a public passenger �- - 4 - vehicle shall be approved, the applicant shall furnish and deposit with the Board the following : (1) A certificate from the Secretary of State of Illinois showing compliance by the licensee, for such vehicle, with the provisions of the statutes of the State of Illinois now or hereafter in force relating to the bonding or insuring of motor vehicles used for the carriage of passengers for hire. (2) A duplicate policy or certificate of insurance for such vehicle, issued by a solvent and responsible insurance company, to be approved by the Board, conditioned for payment by the licensee or the driver of such public passenger vehicle of all final judgments recovered against such licensee or driver for any injury to or death of any person resulting from the negligence of such licensee, his or its agents, or such driver, in the operation. of such vehicle, in the sum of Fifty Thousand and No/100ths ($50,000.00) Dollars for death or injury to one person and One Hundred Thousand and No/100ths ($100,000.00) Dollars for injury to or death of more than one person caused by a single accident. (3) A duplicate policy or certificate of insurance for each vehicle, issued by a solvent and responsible insurance company, to be approved by the Board , conditioned for payment by such licensee or driver of all final judgments recovered against such licensee or driver for any property damage result- ing from the negligence of such licensee, his or its agent , or of such driver, in the operation of such taxicab, in the sum of Twenty-Five Thousand and No/100ths ($25,000.00) Dollars for each accident. Each such duplicate policy or certificate of insurance herein required shall provide for payment and satisfaction of any final judgment rendered as aforesaid, and shall provide that suit may be brought in any court of competent jurisdiction upon such - 5 - .ns insurance policy by the owner of any such judgment , shall contain a description of each motor vehicle, giving the manufacturer' s name, the serial number and the State license number, and shall also provide that said. insurance policy cannot be cancelled by the company issuing the same without giving ten, days ' notice in writing of such cancella- tion to the Village President either personally or by registered mail. In lieu of the duplicate policies or certificates of insurance hereinabove provided for, the licensee may furnish bonds with solvent and responsible surety companies authorized to do busi- ness under the laws of this State as sureties thereon, or individual bonds with one or more personal sureties owning real estate in the State of Illinois of the value, over and above all incumbrances, aggregating One hundred Thousand and No/100ths ($100,000.00) Dollars , if offered in lieu of the personal injury and death insurance herein- above provided for, or Twenty-Five Thousand and No/100ths ($25,000.00) Dollars if offered in lieu of the property damage insurance herein- above provided for, to be approved by said Board of Trustees, the bonds with personal sureties to be accompanied by affidavits by each of such sureties , attached to said bonds , stating the location., legal description, market value, nature, the amount of incumbrances, if any, and the value, above all incumbrances , of real estate scheduled to qualify on such bonds. Said bonds shall be for the same amounts and shall contain the same conditions for payment and all other provisions and conditions hereinabove required for insurance policies and certificates ; they shall also, by express terms , be a lien for the benefit of the beneficiaries thereof on the real estate so scheduled., and shall be recorded in the office of the Recorder of Deeds in each county in which any of such real estate is located. The licensee shall at all times maintain the full insurance or bond coverage hereinabove provided. The president shall revoke any license issued with respect 6 - V - 3;L to any public passenger vehicle found not to comply with the provisions of this section.; and, if, at any time, in the judgment of the Board , said policies or certificates of insurance or said bonds, for any good cause, are not sufficient, it may require replacement thereof with other good and sufficient policies or certificates of insurance or with bonds , in accordance with the provisions of this ordinance. Section 9 : License Card. Upon approval of the application for license of a public passenger vehicle , a license card shall be delivered to the owner, of such size and form as the Board shall pre- scribe. The card shall contain the name of the owner and the official license number of the vehicle and the license year for which it is issued; it shall be signed by the President and attested by the Clerk, and shall contain blank spaces upon which entry shall be made of the date of every inspection of the vehicle. Section 10: Condition of Vehicles . All vehicles licensed under this ordinance shall be kept in a safe, clean and sanitary condition, and equipped with properly working brakes, lights and warning signals, in accordance with the motor vehicle laws of the State of Illinois and the provisions of this ordinance, and no license shall be issued for the operation of any public passenger vehicle hereunder until it is shown. to be in good mechanical condition. The name of the person, firm or corporation owning a taxicab shall be plainly painted in a conspicuous place on both sides of such vehicle or vehicles in letters at least two inches high. If any licensee operates more than one such taxicab, each vehicle shall be numbered with figures not less than two inches high, and no two vehicles of the same owner shall bear the same number. All names and numbers herein. provided shall be of such color and type as to be legible to one of normal eyesight at a minimum distance of twenty-five feet. Section. 11 : Inspection--Tests. Every owner of a public `-' - 7 - V - _ 3 passenger vehicle shall submit it to the Chief of Police for inspec- tion at least once every six months, and at any time upon complaint. On every inspection, whether before or after license issued, physical inspection shall be made by the Chief of Police or some quali- fied person designated by him, including the following items : Condition of tires , including spare tire, cleanliness , general appearance, ac- commodation for passengers , condition and. accuracy of taximeter, if any. Mechanical tests shall also be made by the Chief of Police or a testing garage or testing station approved by him, including examination and testing of brakes, wheel alignment, horn, windshield wiper, rear view mirror, steering mechanism, head lights , tail light and stop light , costs of such inspection to be borne by applicant. If the tests are not satisfactory the vehicle shall be condemned. No owner or person in charge of such vehicle shall use it or permit it to be used in public passenger service until it has been repaired or reconditioned to the satisfaction of the Chief of Police. All decisions of the Chief of Police are subject to review and reversal by the Board of Trustees. Section 12 : Revocation of License. The President shall revoke or suspend the license of any person. owning or operating any public passenger vehicle which is not in. a safe condition, or which does not comply with the requirements of this ordinance as to physical condition and mechanical operation. Licenses , when so suspended or revoked, shall not be re-issued or reinstated until such vehicle and its equipment have been put in fit condition, for use by the public. Section 13: Taximeters. Every taxicab operated in the Village shall be equipped with a taximeter of a size and design approved by the Board. The driver of a taxicab, at the termination of his trip, shall throw the flag to the non-recording position on. the taximeter and call the passenger' s attention to the fare registered . The taximeter shall not be changed until the fare has been paid or a charge ticket therefor made out and delivered to the person hiring such taxicab. Any person shall be entitled, upon request, to a receipt for the fare paid. The taximeter shall be placed in the taxicab so as to be readily visible to passengers and shall be maintained in good operative condition at all times. It shall be tested for accuracy at least once every six months, and at any time upon complaint, by the Chief of Police or some police officer designated by him, who shall test it by checking its registration over a course of known land and by checking its time registration. Errors in distance or time registration shall be corrected and upon, correction the taximeter shall be sealed. No person other than a police officer shall change or tamper with the taximeter or the seal thereof. No person shall transfer a taximeter to any other taxicab than the one in which it is installed unless a new inspection and certification thereof is made. Flags. each taximeter shall be provided with a flag at least three by two inches in size, either painted red or bearing thereon in letters at least one inch high the word "Vacant" or the words "For Hire.' The flag post of such flag shall be kept up or towards a vertical position when the taxicab is for hire and shall be immediately pulled down and kept in a horizontal or lowered position at all times that such taxicab is engaged in the transportation of passengers for hire. Section 14; Register of Vehicles. The clerk shall keep a register showing the name of each person owning or operating a vehicle licensed under this ordinance, together with the license number, the date , the description, size and capacity of the vehicle and a record, with dates, of all inspections made. Such records shall be open to 9 - V _ 3 � inspection by the public and shall be public records. Section 15 : Regular Ooeration--Penalty. The owner or operator to whom such a license has been issued by the Board shall regularly operate his licensed public passenger vehicles during each day of the license year to the extent reasonably necessary to meet the public demands for such public vehicle service. if such owner or operator shall discontinue the operation. of such vehicle for ten consecutive days, without reasonable cause, the Chief of Police may give him written notice to resume such service; if the same is not resumed and restored within five days after such notice, the Chief of Police may recommend to the Board of Trustees that the license of such owner or operator be revoked and the Board, in its discretion., may revoke the same. Section 16 : Livery Cars. (a) No person operating or driving a livery car shall stand or park in a taxicab stand, nor solicit passengers in. the streets , nor accept passengers for any trip without previous engagement made through the garage or office from which such vehicle is operated. (b) No name, number or advertisement of any kind., except- ing official license emblems or plates, shall be painted or carried on the outside of any livery car having a seating capacity of less than, eight persons; nor shall the owner of such vehicle or of the place where it is kept use or display the word "cab, " "taxi" or "taxicab" in connection with or as part of his or its name. Section 17 : Driver' s License--Application. No person shall act as driver of a public passenger vehicle required to be licensed by the terms hereof without being licensed so to do. Each applicant for a driver' s license shall be (a) of the age of twenty-one years or over, (b) of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble, or any other infirmity 10 - of body or mind which might render him unfit for the safe operation of a public vehicle, (c) able to read and write the English language, (d) clean in dress and person and not addicted to the use of intoxicat- ing liquors , (e) a citizen of the United States , or having declared his intention to become a citizen. Such applicant shall file with the Clerk, on a blank form to be provided by the Clerk, a statement giving his full name, residence, places of residence for five years previous to moving to his present address , age, color, height, color of eyes and hair, place of birth, whether a citizen of the United States, places of previous employment , whether married or single, whether he has ever been convicted of a felony or a misdemeanor, whether he has previously been licensed as a driver or chauffeur, and if so, whether his license has ever been. revoked and for what cause. This statement shall be signed and sworn to by the applicant and filed with the Board as a permanent record. The applicant shall furnish statements of his good character from two reputable citizens of the County of DuPage, who shall certify that they have known him personally and have observed his conduct during one year next preceding the date of his application. He shall also furnish a further testimonial from his last employer, unless , in the estimation of the Board, sufficient reason is given for its omission. Section 18 : Examination of Drivers. The Chief of Police or some police officer designated by him shall examine each applicant for a public passenger vehicle driver' s license as to (a) the truth of the statements made in such application., (b) the applicant ' s knowledge of the provisions of this ordinance, of the traffic code, and of the geography of the Village, and (c) the ability of the applicant to safely handle and drive a motor vehicle in the Village. No license shall be issued to an applicant if the results of such examination are unsatisfactory in any respect, nor to an applicant - 11 - - 3 � who makes a false statement in his application. After such examina- tion the Chief of Police shall endorse on the application his recommendation. as to whether or not the license shall be issued and shall forward it to the Board of Trustees. The Board shall determine whether the applicant is entitled to a license under the provisions of this chapter. Section 19: Photographs--Fingerprints. Each applicant for a driver' s license shall file with his application two recent photographs of himself of a size which may be easily attached to his license. One photograph shall be attached to the license if and when issued, to be so affixed that it cannot be removed and another substituted without detection. The other photograph shall be filed with the application as a permanent record. If the applica- tion for license is denied the photographs may be returned to the applicant . Each applicant shall also submit to fingerprinting by a duly authorized. Village officer. Section. 20: Driver' s License--Issue--Term. If the appli- cation be approved by the Board and the prescribed fee has been paid, a license shall be issued by the Clerk. The license shall contain •r w the photograph and signature of the licensee and blank spaces upon. which a record may be made of any arrest of or serious complaint against him and upon which a record shall be made, by any police magistrate or justice of the peace or by the Chief of Police or Village Clerk, or any conviction. for a violation of this ordinance or of the State motor vehicle act. Driver's licenses shall be issued as of May 1 in each year and shall be valid through April 30, following unless revoked before that time. Section 21 : Driver' s License--Fees . The initial license fee for public passenger vehicle drivers shall be Three Dollars. The fee for renewal of licenses shall be One Dollar. - 12 - _ 3 � Section 22: Driver' s License--Exhibition--Defacement. Each licensed public passenger vehicle driver shall keep his driver' s license upon his person while engaged in the operation of any public passenger vehicle, and, shall , upon demand of any police officer or any passenger, exhibit his license and photograph for inspection. If any driver shall deface, remove or obliterate any official entry made upon his license, the President , in his discretion, may revoke such license. Section 23 : Driver' s License--Renewal. The Board may renew a driver' s license from year to year by appropriate endorsement thereon.. A driver, in applying for a renewal of his license, shall make such application upon a form to be furnished by the Clerk, which shall be filled out with the full name and address of the applicant , together with a statement of the date upon which his original license was granted and the number thereof. Section 24: Driver' s License--Suspension--Revocation. Driver' s licenses may be suspended or revoked at any time by the Board. Any such suspension shall be noted on the license, together with a statement of the reasons therefor, and the driver shall be ' deprived of his license, the license to be returned at the expiration of the period for which the license was suspended. Upon a second suspension for the same reason the Board, may, and on a third suspension the Board shall, revoke the license. No driver whose license has been. revoked shall again, be licensed as a public vehicle driver in the Village, unless upon the presentation of reasons satisfactory to the Board. The Board shall notify the police department whenever such license is revoked. Section 25: Driver' s License--Record. The Clerk shall keep a complete record of each license issued to a driver, and of 13 - C::r s 3oZ all renewals, suspensions, and revocations thereof , which record shall be kept on file with the original application of the driver for a license. Section 26: :Drivers--Uniforms. The uniform of drivers of public passenger vehicles shall be clearly distinguishable from the uniforms of members of the police or fire departments of the Village. Section 27 : Rates of rare. No person owning or operating a taxicab for hire within the Village shall charge or demand any fare in excess of the following rates , to be determined by the taximeter: For the first one-quarter mile or fraction thereof. . . . $ .40 For each succeeding one-quarter mile or fraction . thereof. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 For each two minutes of waiting, or fraction thereof. . . 10 Waiting time shall include the time when the taxicab is not in motion, beginning with the arrival at the place to which it has been called, or the time consumed while standing at the direction of the passenger, but no charge shall be made for time lost for in- efficiency of the taxicab or its operator or time consumed by pre- mature response to a call. The charges herein set forth shall be binding upon the owners and drivers of such cabs , and any collection of fares in excess of said rates shall be punished as provided in this ordinance. If demanded by the passenger, the driver in charge of a taxicab shall deliver to the person paying for the hiring of the same, at the time of such payment, a receipt therefor in legible type or writing containing the name of the owner, the Village license number or the driver' s Village number, or the taximeter number, the items for which a charge is made, the total amount paid and the date of payment. The foregoing rates shall not apply in the case of taxi- cabs rented or hired for service at hourly or per diem rates. 14 - Section 28 : Posting Fates. There shall be affixed on the inside of each taxicab in a conspicuous place and in such manner that it may be easily and conveniently read by any passenger a card upon. which shall be shown in plain legible type the rates of fare pre- scribed in this ordinance, and also an identification. card giving the name of the driver and his photograph, taken within. the last two years. Section 29 : Overcharge. No person shall charge or attempt to charge any passenger a greater rate of fare than that to which the taxicab is entitled under the provisions of this ordinance and as registered on the taximeter affixed thereto. Section 30: Passengers--Number. No driver of a taxicab shall carry any other person than the passenger or passengers first employing the vehicle without the consent of such passenger or passengers. The operator or driver of a taxicab shall have the right to demand in advance the payment of the fare by the person or persons desiring to be carried by such taxicab and may refuse to convey any person or persons who do not comply with such demand; but no operator or driver of a taxicab shall otherwise refuse or neglect to convey t any orderly person or persons , upon request, to any point in the Village, unless previously engaged or unable to do so. No operator or driver of a taxicab shall carry more than five passengers at any one time. No person other than the driver and the passenger or passengers being conveyed shall occupy any such taxicab while it is carrying passengers. Section 31 : Transfer of License. Neither the owner' s public passenger vehicle license nor the public passenger vehicle driver' s license provided for in this ordinance shall be transferable. Section 32 : Advertising Matter Prohibited.. It shall be unlawful for any person owning or operating a taxicab or public passenger vehicle to permit advertising matter to be affixed to - 15 - or installed in or on such taxicabs or public passenger vehicles provided that this section. shall not be construed so as to prevent compliance with the requirements of identification as specified in Section 10 of this ordinance. Section 33: Penalty. _ Any own.er or driver of a public passenger vehicle or other person violating any provisions of this ordinance shall be fined not less than Five Dollars nor more than Two Hundred. Dollars for each offense. If the violation is of a continuing nature, each day such violation. is continued. shall constitute a separate offense. Section 34: Conflicting Ordinances. All ordinances or parts of ordinances in conflict with this ordinance be and the same are hereby repealed. Passed and approved by the President and the Board of Trustees of the Village of Oakbrook, DuPage County, Illinois, this day of A. D. 1962. 4�7 President Attest : Clerk Ayes Nays 16 f r C E R T I F I C A T E I Village Clerk of the Village of Oak Brook, do hereby certify that I did on the ���day of � , A. D. 19 21 publish the above and foregoing ordinance, duly passed and approved by the President and Board of Trustees of the Village of Oak Brook (being a municipality with less than five hundred population in which no newspaper is published) by posting a notice and copy of said ordinance in three prominent places within the said municipality, to-wit: IN WITNESS WHEB,EOF I have hereunto set my hand and the seal of said Village this ,? 1// day of A.D. 196 5Z,