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HomeMy WebLinkAbout6. Deregulation of Taxi Licensing 01/10/2012MOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM I CHF 12 -06 CONTROL NUMBER TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: JOHN K. DAHLBERG, CHIEF OF POLICE SUBJECT: COMMITTEE OF THE WHOLE DISCUSSION ITEM FOR 1/10/12 RECOMMENDED REVISIONS TO CHAPTER XI OF THE MOUNT PROSPECT VILLAGE CODE: PUBLIC PASSENGER VEHICLES DATE: JANUARY 5, 2012 Article XI of the Village Code, entitled: Public Passenger Vehicles imposes certain individual taxicab vehicle and chauffeur licensing requirements that require extensive personnel resources to implement, and enforce effectively. In recent months, the police department has evaluated the current Article XI licensing requirements with an eye towards identifying those portions of the ordinance that are necessary in the current operating environment to ensure the public's safety when utilizing public passenger vehicles and achieving greater department operating efficiencies. The police department has identified requirements contained in portions of Article XI It recommends be eliminated or amended to better reflect current police department operating realities or practices and the state of the public passenger vehicle industry locally, without jeopardizing public safety moving forward. Further, said licensing requirements involve hard costs we can eliminate by rescinding certain requirements contained in the current ordinance language. The police department issued 44 individual taxicab and chauffeurs licenses in 2011. The department issued less than 10 citations to taxicab operators in 2011 for failing to have a Mount Prospect taxicab or chauffeurs license. Revenue from the sale of taxicab and chauffeurs licenses is relatively small and does not substantially offset the costs of administering same. Senior staff has approached my office with a series of specific recommendations to amend Chapter 11, Article XI of the Village Code as follows: Recommended Recisions: Article 11.1110: Public Passenger Vehicle License Application: Rescind in its Entirety Article11.1111: Issuance Display and Registration of Public Vehicle Licenses: Rescind in its Entirety Article 11.1112: Public Passenger Vehicle License Term and Fee: Rescind in its Entirety Article 11.1113: Public Passenger Vehicle License Nontransferable: Rescind in its Entirety Article 11.1114: Public Passenger Vehicle Inspection: Rescind in its Entirety Article 11.1115: Inspection Stations: Rescind in its Entirety Article 11.1116: Suspension of Public Passenger Vehicle Licenses and Appeal Procedures: Rescind in its Entirety Article 11.1118: Chauffeur License Required: Rescind in its Entirety Article 11.1119: Unlawful to Employ Unlicensed Driver: Rescind in its Entirety Page 1 of 2 MOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM Article 11 Article 11 Article 11 Article 11 Article 11 Article 11 Article 11 Entirety Article 11 1120: Chauffeur License Application: Rescind in its Entirety 1121: Applicant Qualifications: Rescind in its Entirety 1122: Investigation: Rescind in its Entirety 1123: Issuance and Display of Chauffeur License: Rescind in its Entirety 1124: Chauffeur License Term and Fee: Rescind in its Entirety 1125: Chauffeur License Nontransferable: Rescind in its Entirety 1126: Suspension or Revocation of Chauffeur License and Appeal Procedure CHF 12 -06 CONTROL NUMBER Rescind in its 1130: Public Passenger Vehicles Licensed Elsewhere: Rescind in its Entirety Recommended Amendments: Article 11.1141: Penalty for Violation: Amend language to remove reference to the "revocation or suspension of a license as provided in this article." This is a summary of the ordinance revisions the police department wishes to present to the Village Board. Appropriate staff will be on hand to address specifics related to the recommended ordinance revisions and answer questions. JKD:dr Attachments C: Deputy Chief Semkiu Deputy Chief Janowick Sergeant Smith Page 2of2 Sterling Codifiers, Inc. Article XI PUBLIC PASSENGER VEHICLES 11.1101: TAXICAB COMPANY LICENSE REQUIRED: Page 1 of 18 No person shall engage in the business of a "taxicab company ", as defined in article I of this chapter within the corporate limits of the village; except in compliance with provisions of this article. It shall be unlawful to engage in the business of a taxicab company unless such person has applied for and obtained an annual license from the village clerk as provided by this article. Only the actual owner or fleet lessee of a taxicab is eligible to receive a license. No dispatching service or association of companies may apply for the license. (Ord. 3774, 4 -21 -1987; amd. Ord. 5175, 3 -20- 2001) 11.1102: APPLICATION: A written application, verified under oath, for a taxicab company license accompanied by a nonrefundable fee in the amount set forth in appendix A, division II of this code, shall be filed with the chief of police pursuant to and in accordance with the provisions of chapter 10 of this code. In addition to the information required under said chapter 10 , an application for a taxicab company license shall also include the following: A. The citizenship of the applicant; if a natural person, the place of the applicant's birth, or if a naturalized citizen, the time and place of naturalization. B. In the case of a corporation, for profit, or a club; the date of incorporation, the objects for which it was organized, names and residence addresses of shareholders, and the percentage of ownership of each. C. Applicant's previous residences for past five (5) years. D. Applicant's previous employment history. E. Applicant's previous military history, if any, and type of discharge. F. Applicant's experience in the transportation of passengers for hire. Sterling Codifiers, Inc. Page 2 of 18 G. Applicant's current financial status, including any unpaid judgments and pertinent information relative to any such judgments. H. Applicant's outstanding obligations, fees or fines with the village. I. Any previous convictions of felony and /or traffic violations. J. The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals. K. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant pursuant to the requirements of section 11.1117 of this article. L. Such other information as may be required by the president and board of trustees. (Ord. 3774, 4- 21 -1987; amd. Ord. 5189, 5 -15 -2001) 11.1103: PUBLIC HEARING ON TAXICAB COMPANY LICENSE APPLICATION: When application for a taxicab company license is determined by the chief of police to be complete, the village clerk shall forward such application to the president and board of trustees which shall schedule a public hearing on such application to be held before the president and board of trustees within sixty (60) days after the date the president and board of trustees receive the completed application. Notice of said public hearing shall be mailed to the applicant and to all persons to whom taxicab licenses have been heretofore issued and shall be published in a newspaper of general circulation within the village at least fifteen (15) days prior to the date of such hearing. (Ord. 3774, 4 -21 -1987) 11.1104: ISSUANCE OR DENIAL OF TAXICAB COMPANY LICENSE: A. Within thirty (30) days after the date of the public hearing on an application for a taxicab company license, the president and board of trustees shall make findings on whether: The additional taxicab service in the village is required by the public convenience and necessity; Sterling Codifiers, Inc. 2. The applicant is fit, willing and able to perform such service; Page 3 of 18 3. The applicant will conform to the provisions of this article and all other applicable village ordinances. B. If the president and board of trustees finds that the applicant satisfies the requirements of subsections Al through A3 of this section, the president and board of trustees shall direct the chief of police to issue a taxicab company license to the applicant. C. If the president and board of trustees find that the applicant fails to satisfy one or more of the requirements of subsections Al through A3 of this section, the president and board of trustees shall deny such application and shall mail the written notice thereof to the applicant, which notice shall set forth the reasons for such denial. (Ord. 3774, 4 -21 -1987) 11.1105: INSURANCE REQUIRED: A. No taxicab company license shall be issued or renewed unless the applicant has produced and has filed with the village clerk the following: 1. A certificate from the secretary of state showing compliance by the owner for each public passenger vehicle with the provisions of the Illinois Compiled Statutes now or hereafter relating to the bonding or insurance of motor vehicles used for carriage of passengers for hire. 2. A policy of insurance or certificate of insurance in amounts set forth in appendix A, division I of this code, issued by an insurance company authorized to do business in the state for: a) bodily injury to any one person; b) injuries to more than one person which are sustained in the same accident; and c) property damage resulting from any one accident. Said policy or certificate shall be in full force and effect at the time of license issuance and shall provide that the coverage may not be canceled or materially changed without thirty (30) days' prior written notice to the chief of police. B. If any insurance is canceled or permitted to lapse for any reason, the village manager shall suspend the licenses for the public passenger vehicles affected for a period not to exceed thirty (30) days, to permit other insurance to be supplied in compliance with the provisions of this section. If any such other insurance is not supplied within the period of suspension of the license, the village manager shall revoke the taxicab company license and /or the licenses for such public passenger vehicles. (Ord. 3774, 4 -21 -1987; amd. Ord. 5064, 12 -7 -1999; Ord. 5189, 5 -15 -2001) 11.1106: TAXICAB COMPANY LICENSE TERM AND FEE: Sterling Codifiers, Inc. Page 4 of 18 A. A taxicab company license issued pursuant to the provisions of this article shall expire on December 31 following such issuance and, unless such license is revoked, shall be renewable on an annual basis. B. The annual fees to be paid for taxicab companies licensed under this article shall be as set forth in article XXXIV of this chapter (Ord. 3774, 4 -21 -1987) 11.1107: SUSPENSION OR REVOCATION: A. A taxicab company license issued under the provisions of this article may be suspended or revoked by the village manager if the licensee has: 1. Violated any provisions of this article; 2. Discontinued operations in the village for more than thirty (30) days; or 3. Violated any ordinance of the village, statutes of the state or the laws of the United States of America, related to the fitness of the holder to offer public transportation. B. Notice of suspension or revocation shall be in accordance with the provisions set forth in section 10.402 of this code. C. Any applicant who has been denied a license or licensee whose license is suspended or revoked by the village manager shall have an opportunity for appeal in the manner provided by section 10.403 of this code. (Ord. 3774, 4 -21 -1987) 11.1108: CHANGE OF STOCK OWNERSHIP: A. A corporation holding a taxicab company license shall advise the village manager thirty (30) days prior to any contemplated change of stock ownership involving five percent (5 %) or more of the stock of the corporation. B. Each individual seeking to acquire five percent (5 %) or more of the stock of a corporation holding a taxicab company license shall comply with the provisions of section 11.1102 of this article as though he were applying for a license as an individual. (Ord. 3774, 4 -21 -1987) Sterling Codifiers, Inc. Page 5 of 18 11.1109: PUBLIC PASSENGER VEHICLE LICENSE REQUIRED: It shall be unlawful to operate a "public passenger vehicle" as defined in article I of this chapter for hire within the corporate limits of the village unless said vehicle is licensed and operated in accordance with the provisions of this article. (Ord. 3774, 4 -21 -1987) 11.1110: PUBLIC PASSENGER VEHICLE LICENSE APPLICATION: Application for a public passenger vehicle license shall be made upon a form provided by the village. Said application shall be filed with the chief of police and shall contain the following: A. The owner's full name, residence address, residence phone number, business address, business phone number, for each individual applicant, partner, general partner of a limited partnership, and principal officers of a corporation. B. A complete description of the vehicle including the make, model, year, seating capacity, vehicle identification number, manufacturer's identification number, state license number, vehicle engine horsepower; and color, color scheme, and /or insignia of the vehicle in accordance with requirements of section 11.1117 of this article. C. Evidence of liability insurance coverage as required by section 11.1105 of this article. D. Owners of livery vehicles, as defined in article I of this chapter shall also provide the information as required by section 11.1102 of this article. (Ord. 3774, 4 -21 -1987) 11.1111: ISSUANCE, DISPLAY AND REGISTRATION OF PUBLIC PASSENGER VEHICLE LICENSES: A. Subject to the fulfillment of the terms and provisions of this article including passing the vehicle inspection as required by section 11. 1114 the chief of police is hereby authorized to issue the public vehicle license to the applicant. B. The chief of police shall assign to the public passenger vehicle a numbered public passenger vehicle license decal which shall be affixed to the certified inspection plate. Such inspection plate shall be visibly displayed in a place designated by the chief of police. Sterling Codifiers, Inc. Page 6 of 18 C. It shall be the duty of the chief of police to keep a register of the names of persons to whom licenses are granted, the date issued, the number of the license and description of the vehicle licensed. (Ord. 3774, 4 -21 -1987) 11.1112: PUBLIC PASSENGER VEHICLE LICENSE TERM AND FEE: A. A public passenger vehicle license issued pursuant to the provisions of this article shall expire on December 31 following such issuance, unless such license is suspended or revoked. B. The fees to be paid for public passenger vehicles licensed under this article shall be as set forth in article XXXIV of this chapter (Ord. 3774, 4 -21 -1987) 11.1113: PUBLIC PASSENGER VEHICLE LICENSE NONTRANSFERABLE: It shall be unlawful to transfer any public passenger vehicle license from one vehicle to another. Transference of any public passenger vehicle license shall be grounds for revocation of all license privileges granted to the licensee pursuant to this article. (Ord. 3774, 4 -21 -1987) 11.1114: PUBLIC PASSENGER VEHICLE INSPECTION: A. All public passenger vehicles shall be inspected at three (3) times during the year as ordered by the chief of police. B. Any public passenger vehicle company or owner, after being notified to submit all their public passenger vehicles for inspection, will be allowed seven (7) days after the date designated by the chief of police to have their vehicles inspected. After seven (7) days, the license of each public passenger vehicle not inspected will be suspended by the direction of the village manager. C. Such public passenger vehicle inspections shall be conducted at an authorized inspection station, as designated by the chief of police, and shall include, but not be limited to, the verification or testing of the following under the criteria and procedures set forth by the chief of police: Sterling Codifiers, Inc. 1. Vehicle make, model year and vehicle identification number. 2. State license number and year. 3. Village public passenger vehicle license number and year. 4. Company name. 5. Vehicle color scheme and insignia. 6. Front and rear brakes. 7. Emergency brake. 8. Horn. 9. Rear -view mirror. 10. Windshield wipers and washers. 11. Headlights. 12. Taillights. 13. Brake lights. 14. Turn signals. 15. Speedometer. 16. Taximeter. 17. Rates of fare displayed. 18. Steering. 19. Interior condition. 20. Exterior condition. 21. Windows. 22. Tires. 23. Exhaust system. 24. Current bond sticker. Page 7 of 18 D. If any public passenger vehicle fails to pass inspection as required in this section, a period of five (5) working days will be allowed to complete the required repairs. The vehicle cannot be used as a public passenger vehicle for hire until repairs have been completed and it passes reinspection. If repairs are not completed and the public passenger vehicle does not pass reinspection within the five (5) working day period, its public passenger vehicle license will be suspended by direction of the village manager. (Ord. 3774, 4 -21 -1987) Sterling Codifiers, Inc. 11.1115: INSPECTION STATIONS: Page 8 of 18 A. The chief of police shall designate those facilities which may serve as inspection stations to conduct the vehicle inspections required by this article, which stations may be within or without the village. The chief of police shall establish procedures for conducting the inspections and minimum standards in order that a vehicle be approved. He shall supply inspection stations with certified inspection forms, numbered certified vehicle inspection stickers and such other supplies as may be required by this chapter and the regulations established hereunder. B. A list of authorized inspection stations shall be kept by the chief of police and shall be given to each public passenger vehicle owner together with the notice that vehicles must be inspected. An owner may use the authorized inspection station of his choice. C. Inspection stations shall charge the inspection fee authorized by the chief of police for all public passenger vehicle inspections. There shall be no charge for a reinspection within the five (5) working days allowed for repairs to a vehicle that fails the inspection. The authorized inspection fee shall be charged for reinspection made after the five (5) working days' grace period. D. The chief of police shall cause unannounced spot checks of authorized inspection stations to assure compliance with the inspection procedures, standards and fees, and shall investigate all complaints of misconduct by inspection stations or their employees. Noncompliance with the requirements of this article or the regulations established by the chief of police shall be cause for suspension or revocation of the designation as an authorized inspection station. (Ord. 3774, 4 -21 -1987) 11.1116: SUSPENSION OF PUBLIC PASSENGER VEHICLE LICENSES AND APPEAL PROCEDURES: A. If, after the inspection and approval of any public passenger vehicle, as provided for in this article, such public passenger vehicle shall from any cause become unsafe for the transportation of passengers or shall become unclean or unsightly in appearance, the license of such public passenger vehicle shall be suspended by the village manager until the public passenger vehicle and all its accessories shall be put in fit condition for public use and has been approved and inspected as provided in this article. B. The licensee shall have eight (8) calendar days following the date of notice of the suspension to request a hearing before the village manager. If no such request for hearing is received within eight (8) calendar days, the village manager's suspension shall be final. Sterling Codifiers, Inc. C. The licensee shall have the right to be represented at such hearing by counsel. Page 9 of 18 D. At the conclusion of the hearing, the village manager shall issue his decision to affirm or reverse the suspension and shall mail a copy of the decision to the licensee within two (2) working days following the conclusion of the hearing. (Ord. 3774, 4 -21 -1987) 11.1117: DESIGNATION OF TAXICABS: A. Every licensed taxicab shall bear on both sides of the vehicle the name of the taxicab company, its telephone number, and an insignia or logo approved by the chief of police. Such vehicle identification shall be in contrast to the color of the vehicle and in lettering no less than two inches (2 ") in height. B. Each taxicab shall bear on both exterior sides of the vehicle, in Arabic numerals, the identification number assigned to such vehicle by the taxicab company in lettering no less than three inches (3 ") in height. The taxicab identification number shall also be conspicuously located within the passenger compartment of said vehicle in lettering no less than four inches (4 ") in height. C. No taxicab licensed under this article, shall have a color scheme, identifying design, logo, monogram and /or insignia that, in the opinion of the chief of police, imitates or is similar to color scheme, identifying design, logo, monogram and /or insignia of any other licensed taxicab company or municipal vehicle of the village. (Ord. 3774, 4 -21 -1987) 11.1118: CHAUFFEUR LICENSE REQUIRED: It shall be unlawful for any person to operate any public passenger vehicle for hire within the village, unless the driver of said public passenger vehicle shall have first obtained and have in full force and effect a valid chauffeur license issued under the provisions of this article. (Ord. 3774, 4- 21 -1987) 11.1119: UNLAWFUL TO EMPLOY UNLICENSED DRIVER: No person owning, controlling or operating any public passenger vehicle for hire within the village, shall employ or permit any person other than a chauffeur licensed under provisions of this article to operate such vehicle upon the public ways in the corporate limits of the village. Failure to comply with the requirements of this section shall be grounds for the suspension and /or revocation of all Sterling Codifiers, Inc. Page 10 of 18 license privileges granted to the public passenger vehicle owner pursuant to this article. (Ord. 3774, 4 -21 -1987) 11.1120: CHAUFFEUR LICENSE APPLICATION: A. An application for a chauffeur license shall be filed with the chief of police or his /her designate on the form provided and shall be accompanied by a nonrefundable application fee in the amount set forth in appendix A, division II of this code. B. Such application shall include the following information: 1. Applicant's full name, residence address and date of birth. 2. Applicant's employment history and experience in the transportation of passengers for hire. 3. Current status of applicant's Illinois driver's license and number as given by the Illinois secretary of state. 4. Whether the applicant's state driver's license has ever been suspended or revoked and if so, when and for what cause. 5. A list of all convictions, if any, for violation of federal, state or municipal laws. 6. Two (2) personal references, unrelated to the applicant. (Ord. 3774, 4 -21 -1987; amd. Ord. 5189, 5 -15 -2001) 11.1121: APPLICANT QUALIFICATIONS: A. Every applicant for a public passenger vehicle chauffeur's license shall be no less than eighteen (18) years of age. B. The applicant must pass a physical examination by a licensed physician, at his own expense, subject to the examination conditions on the form provided by the village. Such certificate sets forth the opinion of the examining physician that the applicant is physically able to engage in the operation of public passenger vehicles without danger to the public and shall be in accordance with the requirements of the federal motor carrier safety regulations issued by the U.S. department of transportation. C. The applicant must not have been convicted of any felony or class A misdemeanor within the past five (5) years. Sterling Codifiers, Inc. D. The applicant must be the holder of a valid state of Illinois driver's license. Page 11 of 18 E. The applicant must not have had his driver's license suspended or revoked in any state within the past three (3) years as a consequence of violations of law concerning his operation of a motor vehicle. (Ord. 3774, 4 -21 -1987; amd. Ord. 3969, 8 -2 -1988) 11.1122: INVESTIGATION: Upon receipt of a completed application form, the chief of police shall make or cause to be made a careful and diligent investigation, including fingerprinting the applicant. The report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be considered in evaluating the application. (Ord. 3774, 4 -21 -1987) 11.1123: ISSUANCE AND DISPLAY OF CHAUFFEUR LICENSE: A. If the chief of police shall be satisfied that the applicant satisfies the requirements set forth in section 11.1121 of this article, and is a fit person to be licensed, such application shall be approved and the license issued; if not so satisfied, the chief of police shall refuse to issue such license and shall notify the applicant. The applicant shall have the right to a hearing and appeal in accordance with the provisions set forth in chapter 10, article IV of this code. B. The chauffeur license shall be displayed at all times in the public passenger vehicle in plain view of the passenger. (Ord. 3774, 4 -21 -1987) 11.1124: CHAUFFEUR LICENSE TERM AND FEE: A. A chauffeur license issued pursuant to the provisions of this article shall expire on December 31 following such issuance. A chauffeur license may be renewed for successive calendar years upon continuing satisfaction of the standards for issuance as set forth in section 11.1123 of this article. B. The annual fees to be paid for chauffeur licenses shall be as set forth in article XXXIV of this chapter (Ord. 3774, 4 -21 -1987) Sterling Codifiers, Inc. Page 12 of 18 11.1125: CHAUFFEUR LICENSE NONTRANSFERABLE: It shall be unlawful to transfer any public passenger vehicle chauffeur license from one person to another. Transference of such license shall be grounds for revocation. (Ord. 3774, 4 -21 -1987) 11.1126: SUSPENSION OR REVOCATION OF CHAUFFEUR LICENSE AND APPEAL PROCEDURE: A. The village manager, at his discretion, may suspend, for a period not to exceed thirty (30) days, or revoke a public passenger vehicle chauffeur license, for any failure or refusal to comply with provisions of this article; for any violation of federal, state or municipal law; upon a determination that said license was obtained fraudulently; for excessive rudeness or abuse of passengers; that the licensee has become physically, mentally or emotionally unfit to perform his duties as a public passenger vehicle operator; or that there has been any fraudulent use of the public passenger vehicle chauffeur's license by or with the consent of the licensee. B. Whenever any person holding a Mount Prospect passenger vehicle chauffeur's license is operating a public passenger vehicle and is stopped by a Mount Prospect police officer for the violation of any traffic regulation as set forth in this code or the Illinois vehicle code, the police officer may, upon reasonable suspicion that the operator's actions have been influenced by drugs or alcohol or any combination of either, require the operator to submit to a test to determine the presence of any drug or alcohol in the operator's system. Such test may be any test that is generally accepted in the scientific community as being able to detect the presence of drugs or alcohol. The fact that the test is administered according to Illinois department of health guidelines shall be conclusive of its validity. Upon making application for a Mount Prospect passenger vehicle chauffeur's license, the operator impliedly consents to the taking of a drug or alcohol detection test as set forth herein. Any refusal shall result in an irrevocable revocation of such license. No warnings to the operator are necessary in order for the village manager to revoke said license. For purposes of this section, reasonable suspicion need not be probable cause. In the case of alcohol the detection of the presence of an alcoholic beverage (including an empty container) or an odor of an alcoholic beverage on the operator's breath shall give rise to a reasonable suspicion of the influence of alcohol, but this is not the only valid indicator. In the case of drugs, any one or more of the following shall give rise to a reasonable suspicion of the influence of drugs: 1. Smell of burning marijuana; 2. Presence of any drug paraphernalia. i.e., cigarette rolling paper, pipes associated with the use of drugs, etc.; 3. Apparent presence of any drug, even a residual amount. But these are not the only valid indicators. Sterling Codifiers, Inc. Page 13 of 18 For purposes of this section, a blood alcohol content, as defined in section 18.501 of this code, of five - hundredths ( 0.05 ) shall be considered conclusive of the operator's actions being influenced by alcohol. In the case of drugs, the following amounts shall be considered conclusive of the operator's actions being influenced by drugs: INITIAL TEST LEVELS Substance Test Levels (nq /ml) Marijuana metabolite (1) 15 Cocaine metabolite (2) 150 M arijuana metabolites 100 Cocaine metabolites 300 Opiate metabolites 300* Phencyclidine 25 Amphetamines 1,000 500 * 25 ng /ml if immunoassay specific for free morphine. Positive test results must be confirmed by an additional (confirmatory) test. CONFIRMATORY TEST LEVELS (1) Delta -9- tetrahydrocannabinol -9- carboxylic acid. (2) Benzoylecgonine. Immediately upon being issued positive test results, the village manager shall permanently revoke the operator's Mount Prospect passenger vehicle chauffeur's license. Immediately upon being notified by the chief of police that an operator has refused to submit to a drug or alcohol detection test, the village manager shall permanently revoke the operator's Mount Prospect passenger vehicle chauffeur's license. Marijuana metabolite (1) 15 Cocaine metabolite (2) 150 Opiates: morphine 300* codeine 300* Phencyclidine 25 Amphetamines: Amphetamine 500 K ethamphetamine 500 (1) Delta -9- tetrahydrocannabinol -9- carboxylic acid. (2) Benzoylecgonine. Immediately upon being issued positive test results, the village manager shall permanently revoke the operator's Mount Prospect passenger vehicle chauffeur's license. Immediately upon being notified by the chief of police that an operator has refused to submit to a drug or alcohol detection test, the village manager shall permanently revoke the operator's Mount Prospect passenger vehicle chauffeur's license. Sterling Codifiers, Inc. Page 14 of 18 Notices of revocation shall be valid if given by registered mail to the operator at his address listed upon his or her application or at the listed address of the employer. Failure to accept service of the notice shall not invalidate the revocation. C. The licensee shall have eight (8) calendar days following the date of notice of the suspension or revocation to request a hearing before the village manager. If no such request for hearing is received within eight (8) calendar days, the village manager's suspension or revocation shall be final. D. The licensee shall have the right to be represented at such hearing by counsel. E. At the conclusion of the hearing, the village manager shall issue his decision to affirm or reverse the suspension or revocation and shall mail a copy of the decision to the licensee within two (2) working days following the conclusion of the hearing. (Ord. 3774, 4 -21 -1987; amd. Ord. 4023, 2- 7 -1989) 11.1127: PUBLIC PASSENGER SERVICE: All persons engaged in the public passenger vehicle business in the village operating under the provisions of this article shall operate every public passenger vehicle regularly in the municipality to the extent reasonably necessary to meet the public demands for passenger service. They shall answer all calls received by them for service inside the corporate limits of the municipality as soon as they can do so and if said service cannot be rendered within a reasonable time, they shall notify the prospective passengers how long it will be before the said call can be answered and give the reason therefor. Any licensee who shall refuse to accept a call anywhere within the corporate limits of the municipality at any time when such licensee has available vehicles, or who shall fail or refuse to give overall service, shall be deemed in violation of this article and said license may be subject to suspension or revocation. (Ord. 3774, 4 -21 -1987) 11.1128: REGULAR TELEPHONE SERVICE REQUIRED: Every holder of a taxicab company license or livery vehicle license shall have and keep in service at all times, while his license is in effect, regular telephone service within the municipality, by means of which a person desiring to rent a public passenger vehicle may call the licensee by calling the licensee's telephone exchange number. The licensee shall cause the telephone number to be listed in the local telephone directory which is published in and for the municipality by the telephone company which furnishes local telephone service in the municipality. (Ord. 3774, 4 -21- 1987) Sterling Codifiers, Inc. Page 15 of 18 11.1129: SOLICITING: No driver of a public passenger vehicle shall seek employment by repeatedly or persistently driving his vehicle to and fro in a short space before any theater, hotel, railway station or by otherwise interfering with the proper and orderly access to or egress from any such place. (Ord. 3774, 4 -21- 1987) 11.1130: PUBLIC PASSENGER VEHICLES LICENSED ELSEWHERE: Notwithstanding anything to the contrary contained in this article, a public passenger vehicle licensed by another municipality may discharge but shall not solicit nor accept passengers within the village. (Ord. 3774, 4 -21 -1987) 11.1131: LIVERY VEHICLE OPERATION: A. Livery vehicles shall not pick up or solicit passengers for hire from the streets. B. Livery vehicles shall not park in taxicab stands. C. Livery vehicles shall not indiscriminately accept passengers, but shall be limited in scope of operation to carrying for hire on a contract basis at a price agreed upon prior employment and by arrangement of the parties at the time of initial telephone contract by the customer to the livery company. (Ord. 3774, 4 -21 -1987) 11.1132: NUMBER OF PASSENGERS: No driver or operator of a public passenger vehicle shall carry more than the rated passenger load per vehicle. (Ord. 3774, 4 -21 -1987) 11.1133: ADDITIONAL PASSENGERS AFTER ENGAGEMENT: After a public passenger vehicle has been hired by one or more persons traveling together, the operator shall not pick up other persons without the express permission of the person or persons Sterling Codifiers, Inc. Page 16 of 18 first engaging the public passenger vehicle. An appropriate sign shall be posted indicating the restrictions on shared rides. (Ord. 3774, 4 -21 -1987) 11.1134: RATES OF FARES AND CHARGES: A. Every person, firm or corporation which is licensed to operate a taxicab or taxicab company in the village shall establish a schedule of its fares and charges and shall cause a true and correct copy of said fares and charges to be filed with the village clerk. B. Any person, firm or corporation which shall apply for a taxicab license in the village shall file a schedule of its proposed fares with such application. C. In the event of any increase in the established schedule of fares and /or charges, or part thereof, by any person, firm or corporation licensed to operate in the village, said person, firm or corporation shall cause a notice to be published in a newspaper of general circulation within the village and to file a certified copy of said publication with the village clerk at least sixty (60) days prior to the effective date of said increase. D. No person, firm or corporation shall increase fares and /or charges more than once in a twelve (12) month period. (Ord. 4682, 11 -15 -1994) 11.1135: POSTING ESTABLISHED RATES AND CHARGES: There shall be affixed on the inside of each taxicab in a place conspicuous to any person riding in such taxicab, in a frame covered by glass or other transparent materials, a rate card upon which card shall be printed in plain, legible type the rates of fare and charges, which rates of fare and charges shall be the same as filed with the village clerk, as required in section 11.1134 of this article. (Ord. 4682, 11 -15 -1994) 11.1136: SENIOR CITIZEN /HANDICAPPED SUBSIDIZED TAXICAB RATE PROGRAM: (Rep. by Ord. 5828, 12 -21 -2010) Sterling Codifiers, Inc. Page 17 of 18 11.1137: DUTY OF OPERATOR TO THROW FLAG AND ISSUE RECEIPTS: Upon termination of a trip, the taxicab driver shall throw the flag to the nonrecording position on the taximeter and shall 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 is made out and handed to the person hiring the taxicab. Any passenger is entitled to receive, upon request, a receipt for the fare paid, showing the name of the taxicab owner, the name of the driver, the amount paid and the date. (Ord. 3774, 4 -21 -1987) 11.1138: RIGHT OF OPERATOR TO DEMAND FARE IN ADVANCE; REFUSAL TO CONVEY PASSENGERS: The operator in control of any taxicab licensed hereunder may demand in advance the payment of the fare of the person desiring to be carried by such taxicab and may refuse to convey any person who shall not comply with the demand; but no operator of a taxicab shall otherwise refuse or neglect to convey any orderly person, upon request, anywhere in the village unless previously engaged or unable to do so. (Ord. 3774, 4 -21 -1987) 11.1139: DUTY OF PASSENGER TO PAY FARE: It shall be unlawful for any person to refuse to pay the legal fare of any taxicab licensed hereunder after hiring such taxicab. (Ord. 3774, 4 -21 -1987) 11.1140: TAXIMETERS: A. No taxicab shall operate with passengers for hire unless the taximeter shall be accurately recording the fare to be charged. B. A taximeter shall be located so that its face can be seen by a passenger from the rear compartment of the vehicle. C. Adequate lighting facilities shall be provided for illuminating the face of the taximeter so that it may be conveniently read by the passenger whenever the taximeter is in operation. D. Taximeters shall be equipped with a flag at least three inches by two inches (3" x 2 ") in size, either painted red or bearing letters at least one inch (1 ") in height, the word "VACANT" or the Sterling Codifiers, Inc. Page 18 of 18 words "FOR HIRE ". The flag post of such flag shall be kept towards vertical position when the taxicab is for hire and such flag post shall be immediately pulled down and kept in a horizontal position when such taxicab is engaged. E. No person controlling or operating any taxicab shall transfer any taximeter to any other taxicab unless a new inspection and certification of such taximeter is made. F. No person shall tamper with, break or mutilate any taximeter, cable or seal thereof. (Ord. 3774, 4 -21 -1987) 11.1141: PENALTY FOR VIOLATION: In addition to the revocation or suspension of a license as provided in this article, any person violating this article shall be subject to a fine in the amount set in appendix A, division III of this code. (Ord. 5189, 5 -15 -2001) 11.1142: SEVERABILITY: Each of the provisions of this article is severable, and if any provision shall be declared to be invalid, the remaining provisions shall not be affected but shall remain in full force and effect. (Ord. 3774, 4 -21 -1987)