G-333 - 03/08/1983 - LICENSE- LIMO - Ordinances ORDINANCE NO. G- 333
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 8 OF THE
li CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS AND
PROVIDING FOR REVISED REGULATIONS FOR TAXICABS AND LIVERY SERVICE VEHICLES
WHEREAS, the Corporate Authorities have heretofore passed Ordinance No.
G-128 on December 18, 1970, which ordinance established regulations for taxicabs
and livery service vehicles; and
WHEREAS, the Corporate Authorities deem the amendment and revision of said
regulations as codified in Article II of Chapter 8 of the Code of Ordinances to
be appropriate and in the best interest of the Village;
f 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 Article II of Chapter 8 of the Code of Ordinances entitled
Vehicles for Hire be and is hereby amended to read as follows:
DIVISION 1. GENERAL
Section 8-16: Definitions. Unless otherwise expressly stated or the
context clearly indicates a different intention, the following terms shall for
the purpose of this Article, have the meanings indicated in this Section:
"Owner" means every person having the use or control of one or more taxicab
or livery service vehicle as defined in this Section.
"Public vehicle" means any taxicab, bus, automobile or other similar
vehicle used in the business of carrying persons for hire upon the public streets
of the village.
"Livery service" shall mean transportation for hire by public passenger
vehicles on a trip or hourly basis.
"Taxicab" means a motor vehicle regularly engaged in the business of
carrying persons for hire, except for a livery service and those vehicles
commonly known as buses.
"Taximeter" means mechanical or electrical instrument or device by which
the charge for hire of a taxicab is mechanically calculated, either for distance
traveled, or for waiting time, or for both, and upon which such charge shall be
indicated by means of figures.
Section 8-17: License required. No person shall operate or permit a taxicab
owned or controlled by him to be operated as a vehicle for hire upon the streets
of the Village of Oak Brook without having first obtained a license therefor.
Taxicabs not licensed by the Village shall be permitted to deliver passengers
picked up outside of the Village to a destination in the Village and to pick up
passengers within the Village who arrange for service for delivery to a location
outside the Village limits provided said taxicab is licensed in another
municipality.
Section 8-18: Inspections. No vehicle shall be licensed or entitled to
renewal of license as a taxicab until it has been thoroughly and carefully
inspected and examined by the Oak Brook Police Department and found to be in
thoroughly safe condition for the transportation of passengers and shall be kept
in a clean and sanitary condition in accordance with the standards set forth in
Section 8-35 hereof.
Within not more than sixty (60) days before original application or renewal
thereof, every such taxi vehicle shall first pass safety lane inspection. The
expense for such inspection shall be that of the licensee and the inspection
shall be made at any approved facility for the making of such inspections, or
such other facility as may be authorized by the Chief of Police.
The Chief of Police shall make or have made such examination and inspection
before a license shall be issued.
Ordinance No. G- 333
Page 2
Section 8-19: Insurance a prerequisite to issuance. The licensee shall
file with the Village a po-ricy ofin'surance issu-e-c by a company authorized to do
business in the State of Illinois and insuring the licensee or owner of such
vehicle against liability for any damage or injury to, including death of any
person and for damage or injury to property resulting from the negligence of such
licensee, owner or his agent in the operation of such vehicle. Such policy of
insurance may cover one or more vehicles. The limits liability shall, with
respect to each vehicle covered by such policy, be not less than two hundred
fifty thousand dollars ($250,000.00) for injury to any one person, or a maximum
of five hundred thousand dollars ($500,000.00) for personal injuries in any one
occurrence, and not less than one hundred thousand dollars ($100,000.00) for
damage to property in any one occurrence. Such policy of insurance shall provide
for the payment and satisfaction of any final judgment rendered against the
licensee or owner of such vehicle for damage to property or for personal injury,
including death. The policy shall be further endorsed to require thirty (30) day
written notice of cancellation to the Village.
In the event the village receives a notice of cancellation pursuant to such
endorsement, the taxicab business license and all taxicab vehicle licenses issued
pursuant to the terms of the Article, shall immediately terminate as of the
effective date of such insurance termination unless the taxicab business licensee
provides a substitute policy of insurance complying with the provisions of this
section.
In case a final judgment or claim has been paid by any indemnitor or
insurance policy, as a result of which the original amount of coverage required
herein is proportionately reduced, all licenses issued pursuant to the authority
granted by this article shall be immediately terminated subject to reinstatement,
within thirty (30) days, by replacement of coverage so having demised.
Section 8-20: License Fee. The annual taxicab license fee shall be $50.00
annually licensed vehicle. Said license fee shall be for the annual period
commencing on July 1 and ending on June 30 of the succeeding year. The fee for
any license issued after January 1 of any year shall be $30.00. All such fees
shall be in addition to any other license fees or charges established by proper
authority and applicable to said vehicle.
Section 8-21: Transfer of License. No taxicab license may be sold,
assigned, mortgaged or otherwise transferred without the consent of the Village.
Section 8-22: Fares. No taxicab operator or licensee may discriminate in
fares and shall conspicuously post a schedule of its fares in each taxicab
licensed hereunder. Any such licensee shall in addition at all times have on
file with the Village a schedule of its applicable fares.
Section 8-23: Fares - Carrying additional passengers. Additional
passengers pick+ e-c up subsequent to an original flag pull will be charged for the
prorated meter reading as determined by the operator.
Section 8-24: Fares - Receipt. If demanded by the passenger, the driver
in charge of a taxicab or other public vehicle 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 or operator, the
municipal license number or the driver's license number, or the taximeter number
and any items for which a charge is made, the total amount paid and the date of
payment.
Section 8-25: Fares - Specific co: -_racts. The provisions of this Article
shall not affect the right of a duly licensed taxicab or other public vehicle
business licensee operating duly licensed taxicabs to enter into private
contracts, whether verbal or written, with any person for a regular carrying for
hire of special persons or groups, as the parties may contract. However, nothing
in this section shall authorize any taxicab licensee to negotiate fares upon any
pick-up in the usual course of business.
Ordinance No. G- 333
Page 3
Section 8-26: Fares Overcharging. No driver of any taxicab or other
public vehicle shall charge or attempt to charge any passenger a greater fare in
accordance with its fare schedule as referred to in Section 8-22 hereof.
Section 8-27: Soliciting trade. It shall be unlawful for the owner or
driver of any such vehicle, licensed as aforesaid, to solicit by word, gesture or
otherwise, the patronage of any person upon any public street or place in the
village.
Section 8-28: Cruising prohibited. It shall be unlawful for the driver of
any taxicab to seek employment by repeatedly and persistently driving his taxicab
about the streets of the village or otherwise interfering with the proper and
orderly access to or egress from any theatre, hall, hotel, public resort, or
other place of public gathering.
Section 8-29: Duty of owners to furnish service. Every owner of a taxicab
or livery service vehicle shall furnish such reasonably safe and adequate service
at just and reasonable rates within the municipality as may reasonably be
required to assure adequate accommodations to the public in accordance with the
provisions of this Article.
Section 8-30: Abandonment of service. Upon complete abandonment of taxicab
service for the period of ten Cl0 consecutive days by an owner, the Chief of
Police, upon hearing after five (5) days, notice to the owner, shall thereupon
recommend to the corporate authorities that the taxicab license of such owner
shall be revoked.
Section 8-31: Colors and name. All taxicabs owned and operated by a
taxicab or other public vehicle business licensee shall be identically painted so
that they are readily identifiable. However, no coloring scheme or name shall be
similar to that of any other taxicab business license previously issued within
the Village.
Section -8-32: Parking at taxicab stands. Only taxicabs in such numbers and
of such kinds as are set forth on the required metal sign may remain at the stand
while waiting for employment, and only in single file, pointed in accordance with
the traffic regulations. No taxicab standing at the head of any such line shall
refuse to carry any orderly person applying for a taxicab who agrees to pay the
proper fare, but this shall not prevent any person from selecting any taxicab he
may desire on the stand, whether it be at the head of the line or not. As the
taxicabs leave the line with passengers, those behind shall move up, and any
.taxicab seeking a space on the stand shall approach the same only from the rear
of the stand and shall stop as near as possible to the last cab already on the "
line. No taxicab shall stand at the curb within fifteen (15) feet of the
entrance of any building adjacent to a taxicab stand located and designated by
the corporate authorities, which distance shall be determined by measuring
fifteen (15) feet on each side of the point of the curb opposite the middle of
the entrance to the adjacent building. No private vehicle shall be permitted to
stand or use the space in a public stand except to receive or to discharge
passengers or merchandise.
The corporate authorities upon the recommendation of the Chief of Police,
may suspend or revoke the license of any taxicab driver who shall stand in front
of the entrance of any building within the prohibited space after his passengers
desiring to leave have alighted, or who shall attempt to stand in the prohibited
space waiting for passengers or who shall violate any of the other provisions of
this section.
Ordinance No. G- 333
Page 4
Section 8-33: Violations. Any licensee violating any provision of this
Article all, upon convlc , be fined as prescribed in Section 1-8 of this
Code. Conviction of a second violation during any license period shall result in
an automatic suspension of the pertinent license for a period of thirty (30)
days, unless the corporate authorities at a public hearing during such thirty
(30) day period shall permanently revoke any license granted hereunder by virtue
of such violation. Holding of such public hearing shall be had and made in the
same manner as provided by statute.
Section 8-34: Licenses - Number to be determined by board. The number of
licenses shall be determined by the Board of Trustees from time to time, based on
the public convenience and necessity.
Section 8-35: Qualifications and Standards. License qualifications for
taxicabs and livery service vehicles shall include safe, clean and sanitary
equipment with brakes, lights and turning signals, and in good operating
condition, subject to periodic inspection. License qualifications shall include
safe, clean, and sanitary equipment. All vehicles are subject to periodic
inspection. The standards for every vehicle inspected are:
a. Identification of vehicle
b. Speedometer reading and condition
c. Seating capacity
d. Lettering
e. Color scheme of vehicle
f. Cooling system - water hoses and fan and fan belts in good condition
g. Steering - shall be firm and responsive
h. Brakes - shall hold vehicle from movement at high idle
i. Tires - all tires including spare shall have a tread depth of not
less 1/16th of an inch measured in any two or more adjacent tread
grooves at locations essentially equally spaced around the
circumference of the tire
j. Wipers - blades and motor in good working order
k. Lights - all lights, driving, high and low beam, parking,
directional, tail, stop and exterior roof mounted, shall be in
working order.
1. Horn - in working order
m. Glass - all exterior glass, windshield, sides, and rear including
rear vision mirrors shall be in good condition with no obstructions
while in the drivers position
n. Exhaust system - shall not emit odors into the passengers
compartment or have excessive noise
o. Upholstery - all upholstery shall be in good repair
Section 8-36: Requirements as to license cards and identification symbols.
The taxicab or other public vehicle license to be issued by the Clerk shall be in
the form of a card which shall contain the official license number of the
taxicab, together with the date of the inspection. ' The card shall be signed by
the Clerk and shall contain a blank space upon which an entry shall be made of
the date of inspection of the taxicab by the Chief of Police or an inspector
appointed by him. The cards shall be affixed to a conspicuous and indispensable
part of each taxicab. -
Section 8-37: Public convenience and necessity. Applications for taxicab
or other public vehicle licenses shall be made to the Clerk by the owner thereof,
upon forms to be furnished by the said Clerk, and such application shall contain
the full name and address of the owner or operator, .the class of the vehicle for
which the license is desired, the length of time the vehicle has been in use, the
number of persons it is capable of carrying, and the motor power thereof. Such
application shall thereupon be referred by the Clerk to the Chief of Police, he
shall so endorse such application and file the sane with the Clerk, who shall,
upon payment of the fee prescribed by Section 8-20, refer said application to the
corporate authorities.
Ordinance No. G--333
Page 5
Section 8-38: Revocation. Licenses may be revoked at any time by the Clerk
for failure to maintain the standards as described in section 8-35 or for other
cause.
Section 8-39: Appeals. License revocations may be appealed to the
corporate authorities nip writing ten (10) days after receipt of the revocation
notice. After suitable inquiry, the board may sustain or reverse the revocation.
Section 8-40. Register of licensed vehicles. The Clerk and Chief of Police
shall keep a register of the name an ad r'ess 6T7each person owning or operating
a taxicab or other public vehicle licensed under this article, together with the
license number and the description, make and model of such taxicab, with the date
and complete record of inspections made of it. Such records shall be open to the
inspection of the public at all reasonable times, and shall be public records,
extracts of which may be certified for use as evidence by the Clerk.
„Sections 8-41 - 8-49. Reserved.
DIVISION 2. TAXIMETERS
Section 8-50. Required. Each taxicab must have affixed thereto and in
good working order a taximeter.
Section 8-51: Prerequisite to license. No taxicab license shall be issued
for any taxicab until the taximeter attached thereto shall have been inspected as
provided by this article and found to be accurate.
Section 8-52: Driving taxicab with taximeter not inspected and approved,
prohibited. No person shall rive a taxicab to which is attached a taximeter
that has not been duly inspected and approved.
Section 8-53: General requirements. The dial of every taximeter with
which every taxicab shal be equippe s all show but one tariff. Such taximeter
shall also properly and accurately register, indicate and display the time
consumed by the taxicab while in waiting, the distance traveled and the amount of
fare to be determined annd charged therefor.
Section 8-54. Inspections by Chief of Police. Before any license shall be
issued to a taxicab it shall be the duty of the Chief of Police to have examined,
at the operator's expense, the taximeter attached thereto, and report its
condition to the municipal clerk. At least once annually such inspection shall
be performed and the meter sealed; provided, however, that in the event complaint
is made that any taximeter which registers improperly or inaccurately, it shall
be the duty of the Police Chief immediately to have examined and inspected such
taximeter compained of. If such taximeter does not comply with the requirements
of section 8-53, then and in that event it shall be unlawful for the owner or
person in charge of such taxicab to permit its use until such taxicab is equipped
with a taximeter approved by the Chief of Police.
Section 8-55. Testing -Procedure. Every taximeter shall be tested by
running the taxicab to which it is attached over a course of standard
mile-in-length or by a mechanical test to prove the accuracy of the register
thereof. Either of the foregoing tests may be made at the discretion of the
Chief of Police. In order to determine whether such taximeter correctly
registers "waiting time," it shall be the duty of the Chief of Police to test
such taximeter by comparing the time recorded as shown by the fare computed on
the dial thereof with the standard time.
Ordinance No. G 333
Page 6
Section 8-56. Testing - Subject to upon demand. It shall be the duty of
any person owning, controlling or operating a taxicab to deliver either the
taxicab together with the taximeter, or the taximeter detached therefrom, to the
Chief of Police, or any of his deputies, for the purpose of making the aforesaid
test upon demand; provided, however, such person may, if desired, be present at
the time such test is made.
Section 8-57. Transferring to vehicle of different wheel size. No person
shall detach any certifie or inspect taximeter from any taxicab and attach the
same to any other taxicab, the front wheels of which are of different diameter
from those with reference to which the taximeter was originally tested, unless a
new inspection or certification is had on such taximeter.
Section 8-58. Chief of Police to seal and keep records of inspections,
etc. It shall be the duty of the Chie_f7o_T Police to assure that all taximeters
found accurate and correct are sealed, and to keep a record of the numbers of
each taximeter and the date of the inspection thereof in the books of his office.
Section 8-59• Dial to be illuminated and located in plain view of
passenger. Each taxicab sha-- 13 ,during the per id between sunset and sunrise, be
equipped with a light which shall be so reflected upon the dial of the taximeter
as to enable the passenger engaging and using such taxicab to read the figures
indicated thereon. Each taximeter placed on a taxicab shall be so arranged that
the dial thereof is in plain view of the passenger while riding in such taxicab,
or upon alighting from the same.
Section 8-60. False signals. No driver of a taxicab equipped with a
taximeter while carrying passengers or under employment shall display the signal
affixed to such taximeter or other similar device in such a position as to denote
that he is employed at a rate of fare different from that to which he is
entitled. Any taxicab utilizing an adjustible or multi-rate meter shall
prominently display in such taxicab a notice specifically detailing the terms and
and conditions of such meter.
Sections 8-61 - Sections 8-70. Reserved.
DIVISION 3. LIVERY SERVICE
Section 8-71: License fee. The annual license fee for operation of a
livery service shall be fifty dollars ($50.00) for each livery vehicle. Said
license fee shall be for the annual period commencing on July 1 and ending on
June 30 of the succeeding year. The fee for any license issued after January 1
of any year shall be $30.00and shall be in addition to any other license fees or
charges established by proper authority and applicable to said vehicle.
Section 8-72: Applicable regulations. Livery services shall be subject to
all provisions of this Article insofar as they can apply to such service,
including specifically the requirements of Section 8-18 and 8-35.
Section 8-73: Parking in taxi stands prohibited. No person operating in
livery service or vehicle shal'1 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 office from which such vehicle is operated.
Ordinance No. G- 333
Page 7
Section 8-74: Advertising prohibited. No name, number or advertisement of
any kind, except 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 (8)
persons, nor shall the owner of such vehicle or of the place where it is kept use
or display the word "cabs" "taxi" or "taxicab" in connection with or as part of
his or its name.
Section 8-75: Fares. No livery service operator or licensee may
discriminate in fares and shall conspicuously post a schedule of its vehicle
fares in each vehicle licensed hereunder. Any such licensee shall in addition at
all times have on file with the Village a schedule of its applicable fares.
Section 2: That this Ordinance shall be in full force and effect from and
after its passage, approval and publication as required by law.
Section 3: That the Village Clerk is hereby authorized and directed to
publish this Ordinance in pamphlet form in the manner provided by law.
Section 4: That all Ordinances or parts thereof in conflict with the
provisions of this Ordinance be and the same are hereby repealed to the extent of
such conflict .
Passed and approved this , '' day of \1�c,u , 1983.
Ayes: Trustees Congreve, Imrie, Listecki, Philip, Rush and Watson
Nays: 0
Absent: 0
illage Pr siden�t
ATTEST:
ti
Appr!dvbx 'as to Form:
Village Attorney
Published 3/16/83 Pamphlet Form
Date Paper
Not Published