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G-997 - 04/23/2013 - LICENSE - Ordinances Supporting DocumentsAGENDA ITEM Regular Board of Trustees Meeting of April 23, 2013 SUBJECT: Amendments to Ordinance 4 -2 Taxicab Licenses FROM: James R. Kruger, Chief of Police BUDGET SOURCE/BUDGET IMPACT: None YTEM ca7.3> RECOMMENDED MOTION: Move to approve amendments to Title 4, Chapter 2, Sections 3, 4 and 5 Taxicab Company Licenses of the Oak Brook Code of Ordinances Background/History: While performing research on our current Village ordinance pertaining to taxicab licensing, it was discovered that Section 4 -2 -3 -A "No taxicab shall be operated upon streets and ways within the village, nor shall any taxicab company engage in business...." was too broad and that upon advice of the Village Attorney, the ordinance should be amended to define a taxicab actually engaged in business within the Village of Oak Brook. As practice, the Police Department has not issued citations to cabs merely driving through Oak Brook but nevertheless, it was important from a legal perspective to make the distinction. The new language proposed states, "pick up, solicit, or deposit passengers in the Village..." The Police Department is also requesting an increase in taxicab license fees in Section 4- 2 -3 -B. Currently a cab company is charged $200 annually with a due date of March 1st. If the company is late, the fee only increases $50. Many companies have historically waited until March 31St and pay the $50 late fee. The problem is that it causes a domino effect. Cab drivers cannot obtain their license or license their cab until the company has obtained the master license. This places a burden on our staff because of the numerous cabs that come to Village Hall for an inspection after the due date and after we have already had two scheduled inspection days in March. Community Services Officers are pulled off the road to assist in performing these inspections and are not available for call. The administrative assistant assigned to licensing also is disrupted for several weeks. These two concerns affect productivity and increase labor costs of the Last saved by kkoubek C:\Documents and Settings \dbettin \Local Settings\Temporary Internet Files \Content.Outlook \7A7VSJ72 \Taxicabs 040513.docx Last printed 4/152013 3:21 PM program. The Police Department would therefore request an increase in the taxicab company licensing fee from $200 to $250 and an increase in the late fee from $50 to $250. We believe the increase to $500 will assist to entice companies to obtain their license on time and help us to facilitate the drivers and cab inspections throughout March as the ordinance intended. Recommendation: Staff recommends the Village Board approve an amendment to Section 4 -2 -3, 4 -2 -4 and 4 -2 -5 of the Oak Brook Code of Ordinances pertaining to taxicab company licensing as reviewed by the Village Attorney. Las[ saved by kkoubek C:0ocuments and Settings\dbettin\Local Settings \Temporary Internet Files\ Content .Outlook \7A7VSJ72 \Taxicabs 040513.docx Last printed 4/152013 3:21 PM ORDINANCE 2013- LC- TA- CO- DR -C -G -997 AN ORDINANCE AMENDING SECTIONS 4-2-3,4-2-4, AND 4 -2 -5 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATING TO TAXICAB LICENSES WHEREAS, Section 11 -42-6 of the Illinois Municipal Code, 65 ILCS 5111 -42-6 ( "Municipal Code"), provides the Village of Oak Brook ( "Village'l the authority to license, tax, and regulate taxicabs; and WHEREAS, pursuant to the Municipal Code, the Village has adopted regulations and licensing requirements for taxicabs operated within the Village in Chapter 2, of Title 4, of the Village Code of the Village of Oak Brook, Illinois ( "Village Code"), in order to protect the safety and welfare of the Village's residents and those passing upon the Village's streets and ways ( "Taxicab Regulations'j; and WHEREAS, the Village President and the Board of Trustees have determined that the Taxicab Regulations should be amended to better enable the Village to administer the licensing process; and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interest of the Village and its residents to amend the Village Code as set forth in this Ordinance; 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: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 4 -2 -3 of the Village Code. Section 3, entitled "Taxicab Company Licenses," of Chapter 2, entitled "Taxicabs," of Title 4, entitled "Business and License Regula- tions," of the Village Code shall be amended further, and shall read as follows: "4 -2 -3: TAXICAB COMPANY LICENSES A. No taxaGab shall be operated upen streets aAd ways withiA the village, ROF shall any taxicab company shah eFigage in business pick up, solicit, or deposit oassen- aers within the Village unless there shall first have been. the taxicab company first obtaineds thereforlisenses a taxicab company license from the village clerk. Such taxirab company licenses shall be issued for the term of the licensing year, April 1 through March 31, or such part thereof as remains at the time the license is applied for, and shall be effective for such period of time unless sooner suspended or revoked. The full yearly license fee shall be charged no matter when the license is applied for or issued. B. Applications shall be made by the taxicab company, in writing, to the village clerk on forms as reasonably required and approved by the village manager. A license fee of two hundred fist dollars ( $20040 2511M shall be submitted with the appli- cation. If the application is for renewal of a taxicab company license, the application shall be submitted to the village clerk no later than thirty (30) days prior to expira- tion of the current license. Renewal applications filed after this deadline shall be considered a late filing but shall be accepted by the village clerk provided a late fil- ing fee of two hundred fifty dollars ($250.00) is submitted with the application and license fee. Taxicab companies shall be required to include in the application a true statement of certain facts including, but not limited to: the state of incorporation of Ordinance 2013- LC- TA- CO- DR -C -G -997 Taxicab Licensing Amendment Page 2 of 4 the taxicab company if the company is a serperatieR corporate entity; whether the company is organized and qualified to do business under the laws of the state if it is a serperation corporate entity; the taxicab company's principal place of busi- ness; the full names and addresses of the individuals who own the taxicab compa- ny; whether the taxicab company is a corporation, partnership or sole proprietor- ship; and the registered agent of the corporate taxicab company. The full names, dates of birth and residential addresses of persons having an ownership interest of five percent (5 %) or more in the taxicab company shall be disclosed on the applica- tion. "E. The taxicab company, aleRg with its applination fe in addition to obtaining a taxicab company license, shall license or cause to be licensed each individual taxicab Ope 'ted for or on behalf Gf G61Gh Gernpany within the village that it operates, or that is operated o Its behalf, to pick up, solicit, or deposit passengers within the Village, in accordance with this sestien." Section 3: Amendment to Section 4 -24 of the Village Code. Section 4, entitled "Taxicab Vehicle Licenses; Vehicle Requirements" of Chapter 2, entitled "Taxicabs," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4 -2 -4: TAXICAB VEHICLE LICENSE; VEHICLE REQUIREMENTS A. No taxicab vehicle shall Dick up, solicit, or deposit passengers within the Village unless there shall first have been obtained for each such vehicle a taxicab vehicle license from the village clerk. The requirements of this section shall be in addition to those of section 4 -2 -3 of this chapter, relating to taxicab company licenses, and section 4 -2 -5 of this chapter, relating to taxicab drivers' licenses_ D. Every taxicab operated by a taxiGab GOFnpany licensed by the village shall be iden- tified on or in the taxicab, as follows: 1. 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 taxicab company and the taxicab company's name and telephone number; 2. 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 company's and taxicab driver's licenses in plainly legible print, the telephone number of the cab com- pany, and the rates charged for trips inside and outside of the village; 3. All taxicabs owned or operated by or on behalf of a taxicab 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 company who has previously been issued a taxicab license by the village. Ordinance 2013- LC- TA- CO- DR -C -G -997 Taxicab Licensing Amendment Page 3 of 4 F. Each taxicab operated by licensed bM the village shall provide seat belts for each passenger, provide entrances and exits free of interior barriers and have a sufficient number of exits to permit every passenger and the driver to exit from the vehicle in the event that one side is rendered impassible as the result of an accident, safety conditions or otherwise. G. Every taxicab eperated by a taxiGab Gempany licensed by the village shall be equipped with a taximeter, in good working order, connected with and operating from the transmission of the taxicab. No taxicab license shall be issued for any taxicab until the taximeter therein meets the following requirements:" Section 4: Amendment to Section 4 -2 -5 of the Village Code. Section 5, entitled 'Taxicab Driver Licenses; Vehicle Requirements" of Chapter 2, entitled 'Taxicabs," of Title 4, entitled 'Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4 -2 -5: TAXICAB DRIVER'S LICENSE: A. Required: It shall be unlawful for any person to operate a taxicab licensed pursu- unless that person has been issued a taxicab driver's license by the village. It shall be unlawful for any person to pick up. solicit, or deposit passengers in the Yin operate a taxicab on behalf of a taxicab company that is not properly licensed pursuant to section 4 -2 -3 of this chapter or that is not a licensed taxicab pursuant to section 4 -2-4 of this chanter. No taxicab driver's license shall be is- sued unless the requirements relating to taxicab companies set forth in section 4 -2- 3 of this chapter and the requirements of this section have been satisfied. B. Driver Qualifications: Each driver who shall drives any taxicab in the village that is required to be licensed pursuant to section 4 -2-4 of this chapter shall at all times meet the following qualifications:" Section 5: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 6: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] APPROVED THIS 23rd day of April, 2013. PASSED THIS 23rd day of April, 2013. Absent: Gopal G. Lalmalani Village President ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2013- LC- TA- CO- DR -C -G -997 Taxicab Licensing Amendment Page 4 of 4