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HomeMy WebLinkAboutOrd 2993 03/18/1980 /29/80 ORDINANCE NO. 2993 AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER 11 OF THE MUNICIPAL CODE OF THE VILLAGE OF MOUNT PROSPECT E IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE DF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: ~ECTION ONE: Article XI of Chapter 11 (Merchants, Businesses, Occupations ~nd Amusements) contained in the Municipal Code of the Village of Mount Prospect amended in its entirety; so that hereafter said Article XI of Chapter 11 shall and read as follows: /29/80 TAXICAB AND TAXICAB DRIVER'S LICENSES Section 11.1101. License Required. It shall be unlawful for any person, firm or corporation to operate or to pezmit a motor vehicle owned or controlled by it to be operated as a taxicab or to engage in the business of operating taxicabs within the Village, without first obtaining a permit auth- orizing the operation of each such vehicle within the Village as herein provided. Section 11.1102. Application. A written application veri- fied under oath for a taxicab license shall be filed with the Village Clerk pursuant to and in accordance with the provisions of Chapter 10 of the Municipal Code of the Village of Mount Prospect. In addition to the information required under said Chapter 10, an application for a taxicab license shall also contain the following: A. Applicant's financial status, in- Cluding details of unsatisfied liabilities. B. Applicant's experience in the trans- portation of passengers. .C. A factUal statement setting forth the reasons why additional taxicabs are necessary for the public health, safety and convenience of Village residents. D. The number of taxicabs proposed to be operated and controlled by the applicant. E. The make, model, year and seating capacity of each taxicab proposed to be operated under the license. F. The location of applicant's proposed place of business or taXicab depot. G. Such other information as the President and Board of Trustees may from time to time require. Section 11.1103. Public Hearing on Taxicab License Appli- cation. When an application for a taxicab license is deter- mined by the Village Clerk to he 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 Public Health and Safety Committee of the Board of Trustees within 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 person's to whom taxicab licenses have been heretofore issued and shall be published in a newspaper of general circulation within the Village at least 15 days prior to the date of such hearing. Section 11.1104. Issuance or Denial of Taxicab License. /29/80 ao Bo Ce Within 30 days after the date of the public hearing on an application for a taxicab license, the Public Health and Safety Committee shall make written findings on whether: The additional taxicab service in the Village is required by the public convenience and necessity; The applicant is fit, willing and able to perform such service; The applicant will conform to the provisions of this Article XI and all other applicable Village ordinances. If the Public Health and Safety Committee finds that the applicant satisfies the requirements of Al, 2 and 3 of this Section, the Committee shall direct the Village Clerk to issue a taxicab license to the applicant. If the Committee finds that the applicant fails to satisfy one or more of the requirements of Al, 2 and 3 of this Section, the committee shall deny shall application and shall mail the written notice thereof tothe appli- cant, which notice shall set forth the reasons for such 'denial. Section 11.1105. Increase in Number of Taxicabs Authorized By a Taxicab License; Procedure. The holder of a taxicab license issued under the pro- visions of the Article may file an application with the Village Clerk requesting the President and Board of Trustees of the Village to allow additional taxicabs to be operated by the license holder under said taxicab license. Such application shall be in writing, shall be verified under oath, and shall contain the following information: o A statement, setting forth the changes, if any, in the information contained in the application filed by the licensee to obtain such taxicab license. The additional number of taxicabs licensee proposes to operate under said license. ~ The ma~e, model, year and seating Capacity of each additional taxicab proposed to be operated under said license. A factual statement indicating why such additional taxicabs are necessary to the public healthl safety and welfare. The procedure set forth in Sections 11.1103 and 11.1104 for requests for taxicab licenses shall be followed with respect to requests for increases in the number of taxicabs authorized to be operated under a taxicab license under the provisions of this Section. 3 - 2/29/80 Section 11.1106. DUration and Renewal of Taxicab License. A taxicab license issued pursuant to the provisions of this Article shall expire on April 30 of each year and, unless such license was revoked, shall be renewable on an annual Section 11.1107. License Fees and Vehicle Stickers. No taxicab license shall be issued or renewed and no taxicab continued in operation unless the licensee shall have paid to the Village Clerk appropriate annual fees in accordance with the following schedule: For initial issuance of a taxicab license: $35 For renewal of a taxicab license: $35 Such fees shall be payable prior to the initial issuance of a taxicab license and thereafter with regard to renewals, prior to April 30 of each year. In addition, licensee shall purchase and display each year in accordance with applicable Village ordinances, motor vehicle stickers for each taxicab operated under the licensee's taxicab license. Section 11.1108. Liability Insurance or Indemnity Bond Required. No taxicab license shall be issued or renewed and no taxicab continued in operation unless there is in full force and effect and on file with the Village Clerk, an insurance policy or an indemnity bond acceptable to the President and Board of Trustees of the Village for each taxicab authorized under such license, in the amount of $100,000 for bodily injury to any one person; $300,000 for injuries to more than one person which are sustained in the same accident and $25,000 for property damage resulting from any one accident. Said insurance or bond shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of the licensee, his servants or agents. Said insurance policy or bond shall be filed in the office of the Village Clerk. Any liability insurance policy must be issued by an insurance company authorized to do business in the State of Illinois. Bonds shall have as surety thereon a surety company authorized to do business in the State of Illinois. Section 11.1109. Performance Bond Required. No taxicab license shall be issued or renewed and no taxicab continued in operation unless there is in full force and effect and on file with the Village Clerk, a performance bond in the amount of $1,000.00 which shall insure to the benefit of the Village of Mount Prospect and which bond shall be conditioned upon the licensee's compliance with all applicable Village of Mount Prospect ordinance and Illinois statutes and adherence to honesty in the conduct of the taxicab business. If approved by the President and Board of Trustees, a liability insurance policy issued by an insurance company authorized to do business in the State of Illinois may be substituted for the performance bond required by this Section. 4 - 2/29/80 Section 11.1110. Designation of Taxicabs. Each taxicab operated or to be operated in the Village shall bear on the outside of one do0r on each side of the vehicles, in plainly printed letters not less than two inches high, the name of the owner. If the owner operates or control two or more taxicabs within the Village, each such taxicab shall be numbered with plainly printed numerals, not less than two inches high, and no two vehicles shall bear the same number. All such names and numbers shall be of such color and type to be legible to a person of normal eyesight at a minimum distance of 25 feet. In addition to the above identification, each taxicab operated in the Village may bear an identifying design approved by the Chief of Police. No taxicab shall be licensed or operated under this Article whose color scheme, identifying design, monogram or insignia shall, in the opinion of the Chief of Police, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already validly operating in the Village so as to be misleading or tend to deceive or defraud the public. Section 11.1111. Taximeters. Each taxicab operated under the authority of this Article shall be equipped with a taximeter fastened in front view of the passengers and visible to them at all times during the day or night; the face of the taximeter shall be illuminated between the hours of sunset and sunrise. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven from the transmission. Taximeters shall be sealed by the Sealer of Weight and Measures and shall be sealed at all points and connections which, if manipulated, would affect its correct reading and recording. Each taximeter shall have thereon a flag, visible from the street, to denote when the vehicle is engaged and When it is not. Upon the issuance of a taxicab license and each six months thereafter, a taxicab licensee shall Submit to the Sealer of Weights and Measures for inspection and testing, each taximeter installed in each taxicab which said licensee is licensed to operate within the Village provided, however, that if said licensee or any of its agents, servants or employees receives a complaint that a taximeter is inaccurate or operating improperly, said licensee shall submit such taximeter to the Sealer of Weights and Measures for inspection and testing within 3 days after receipt of such complaint. It shall be unlawful for any licensee to operate or permit to be operated any taxicab which such licensee is licensed t~ operate within the Village unless such taximeter shall have been sealed and a certificate of inspection issued for such taximeter by the Sealer of Weights and Measures. 5 - 2/29/80 It shall be unlawful to tamper with, mutilate or break any taximeter or the seal therefor or to transfer a taximeter between taxicabs without having such taxi- meter inspected, tested and certified by the Sealer of Weights and Measures. The fee for the inspection, testing and certification of taximeters shall be $4.50 provided, however, that such fee shall be waived when a taximeter is inspected upon complaint and such taximeter is found by the Sealer of Weights and Measures to be properly sealed and properly recording charges for taxicab services. Section 11.1112. Taxicab License Card. Notwithstanding any of the foreging, no taxicab authorized to operate in the Village under a taxicab license issued pursuant to this Article shall be operated in the Village unless a valid and current license card is affixed thereto in a conspicuous place approved by the Chief of Police and contains the signature of the Police Chief in appropriate places on such card indicating compliance with the inspection provisions of Section i1.1113 of this Article. Such license card shall be issued to the taxicab licensee by the Village Clerk upon palanent of the annual license fee and shall contain the following: Name and address of the licensee and the license plate number of the vehicle to which such license card is affixed. Blank spaces set aside to record the dates of inspection of the taxicab by the Village and for the signature of the Chief of Police indicating compliance with the inspection provisions of Section 11.1113 of this Article. Section 11.1113. Inspection of Taxicabs. A taxicab licensee shall submit to the Chief of Police or the Chief's delegate at times and dates to be established by the Chief during the months of March and September of each year, each taxicab said licensee is authorized to operate within the Village for inspection and testing. The Chief of Police, or his delegate, shall inspect each such taxicab for overall safety, cleanliness, general good appearance, condition of fixtures, adequacy of facilities for transportation of passengers, condition and accuracy of taximeter and general compliance with the provisions of this Article. Co The Chief of Police, or his delegate, shall further Cause a mechancical inspection to be made of each such taxicab by a qualified mechanic, which inspection shall include testing of the following: Brakes Emergency Brakes Wheel Alignment Steering Mechanism Headlights Taillights /29/80 Horn Windshield Wipers Rear View Mirror Stop Lights Pollution Control Systems Exhaust System If upon the conclusion of such inspection and testing the Chief of Police, or his delegate, shall find such taxicab to be safe and suitable for its intended pur- pose, the Chief shall evidence compliance with the inspection and testing requirements of this Article by signing the license card in the appropriate space pro- vided therefor. In the event the Chief of Police, or his delegate, shall refuse to sign such license card by reason of the vehicle's noncompliance with this Section, he shall accompany such refusal by a signed statement to the licensee setting forth the particular grounds for such refusal. There shall be a charge for such inspection and testing which shall be paid by the licensee prior to the Police chief's signing the license card for such vehicle. Section 11.1114. Continued Maintenance and Periodic Inspec- tion. Every taxicab licensed hereunder shall be maintained in a safe, clean and mechanically sound condition and the taximeter of each such taxicab shall be maintained in an accurate working condition. Bo At least once every six months, or more often upon bona fide complaint, the Chief of Police shall cause every taxicab licensed hereunder, to be inspected in the manner provided in Section 11.1113. The taxicab license of any taxicab found to be in other than a safe, clean and mechanically sound condition shall be ~revoked and the owner thereof shall be informed in writing of the reasons for such revocation. Such taxicab shall not again operate in the Village until such taxicab is resubmitted for inspection and testing and found to be in compliance with this Article. Section 11.1115. Age of Taxicabs. Notwithstanding a~ything in the foregoing to the contrary, no taxicab more than four years old as determined by the model year shall be operated in the Village and no taxicab license shall be issued or renewed therefor. Section 11.1116. Regular Service. Every licensee hereunder shall render regular taxicab service throughout the Village to the extent reasonably necessary to meet the demands of the public for such service. Such licensee shall answer all calls received by it for services inside the corporate limits of the Village as soon as it can do so and if said services cannot be rendered within a reasonable time, the prospective passengers shall then be n°~ified as to how 'long it will be before the said call can be answered and be given the reason therefor. Any licensee who Shall~refuse to /29/80 accept a call anywhere in the corporate limits of the Village at any time when such licensee has available cabs, or who shall fail or refuse to give regular service throughout the Village, shall be deemed to violate this Article and such licensee's taxicab license shall be subject to revocation. Section 11.1117. Transfer of Taxicab License. No taxicab license shall be sold, assigned, pledged as security, or otherwise transferred and no licensee shall lease a taxicab to another without the express consent of the President and Board of Trustees by resolution duly adopted. Section 11.1118. Suspension and Revocation of Taxicab License. A taxicab license issued under the provisions of this article may be revoked or suspended by the President and Board of Trustees if the licensee has: 1. violated any of the provisions of this article; 2. discontinued operations for more seven days; or violated any ordinance of the Village of Mount Prospect or any state law of the State of Illinois or any federal law of the Untied States the violation of which reflects unfavorably upon the fitness of the licensee to offer public transportation. Prior to revocation or suspension of a taxicab license, a hearing shall be held before the President and Board of Trustees at which time the taxicab licensee may be heard. Within 5 days after the close of such hearing the President and Board of Trustees shall mail written notice of its decision to said licensee which notice shall specify, if the license is suspended or revoked, the reasons therefor. Section 11.1119. Taxicab DriVer's License Required. No person shall operate a taxicab for hire within the Village, and no person who owns or controls a taxicab shall permit it to be so operated, unless the driver of said taxicab shall have first obtained and shall have then in full force and effect a taxicab driver's license issued under the provisions of this Article. Section 11.1120. Application for a Taxicab Driver's License. An application for a taxicab driver's license shall be filed with the Village Clerk and shall be aCcompanied by a non- refundable fee of $10.00 Which shall be applied to the fee for a taxicab license, if issued. SUch apPlication shall contain the following information: (a) Applicant's name and address; (b) The names and addresses of four persons who have known the applicant for at least two years and who will vouch for the sobriety, honesty and general good character of the applicant; 8 - 2/29/80 (c) (d) (e) (f) (g) Applicant's experience in the transporation of pas- sengers; Applicant's current occupation and a concise history of previous employments; Applicant's educational background; Statement setting forth whether applicant has ever been convictedof a felony or driving while intoxicated and setting forth any citations for violations of state or local traffic laws issued to applicant within five years preceding the date of aPPlication; The number of aPplicant's Illinois driver's license or chauffeur's license. (h) The condition of applicant's health. In addition, eaCh application shall beaccompanied by the following: (h) Proof of applicant's age showing applicant to be at least 18 years of age; (i) Two recent 1" x 1-1/2" photographs of applicant; (j) A certificate from a local physician certifying that in the doctor's opinion the applicant is not afflicted with any disease or infirmity which might make applicant an unsafe or unsatisfactory driver. Section 11.1121. Examination of Applicant. Upon satisfaction that an application for a taxicab driver's license iS complete and in order, the Chief of Police, or his delegate, shall promptly conduct an investigation to determine: (a). The truth of statements made in the application; (b) The opinions of the persons listed as references con- cerning the applicant; (c) The traffic and police record of the applicant; (d) The current status of the applicant's Illinois driver's license or chauffeur's license and whether such license authorizes the apPiica~t{~car~y 'Pa~g~rs for (e) The applicant's knowledge of the provisions of this Article and the traffic regulations of the village; (f) The applicant's knoWledge of the geography of the Village. Section 11.1122, ISSUance or RefuSal of Taxicab Driver's License. Upon completion of the investigation rewired by Section 11.1121, the chief of Police shall consider all /29/80 facts revealed by such investigation and by the application and shall, if satisfied that the applicant is qualified, issue to the applicant a taxicab driver's license which shall bear the name, address, age, signature and photograph of the applicant and an expiration date; if not so satisfied, the Chief of Police shall refuse to issue such license and shall notify the applicant. Section 11.1123. Duration and Renewal of Taxicab Driver's License. Taxicab driver's licenses issued'aS'~fO~ided for herein shall expire on December 31 of each year and, if not revoked, shall be renewable on annual basis. The fees for a taxicab driver's license shall be: Fee for issuance ReneWal license $10.00 $ 7.50 Section 11.1124. Display of License. Every taxicab driver licensed under this Article shall post the taxicab driver's license issued in such place as to be in full view of all passengers While such driver is operating a taxicab. Section 11.1125. Suspension and Revocation of Taxicab Driver's License. The Village Manager is hereby authorized to suspend any taxicab driver's license issued hereunder for a licensee's failure to refusal to comply with the provisions of this Article or for violation of any ordinance of the Village of Mount Prospect or any state law of the State of Illinois or any federal law of the Untied States or if licensee becomes unfit to operate a taxicab by reason of drug or alcohol addiction, physical infirmity or ill health which affects the ability of the licensee to operate a taxicab safely, such suspension to last not more than 30 days; except that no such suspension shall be imposed until the licensee shall have been given a reasonable opportunity to be heard in his own behalf. The Village Manager is authorized to revoke such licenses upon the recommendation of the Chief of Police for like be heard in his own behalf. Section 11.1126. Rates of Fare -- Rates Established, Rate Card Required. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with the following rates: ao Ninety Cents ($.90) for the first one-third of a mile or fraction thereof for one (1) passenger. Ten cents ($.10) for each additional one-ninth mile or fraction thereof over and above the first one-third mile for one (1) passenger. Twenty cents ($.20) for each one and one-half minute waiting time or traffic delay. Ten cents ($.10) for each additional passenger above the age of twelve (12) years for the entire trip. 10 - 2/29/80 Twenty-five cents ($.25) service charge is added to the above rates for parcel delivery and the handling of all items other than normal luggage. Fe Fifty cents ($.50) service charge is added to the above rates for all trips which do not originate or tezminate within the Village of Mount Prospect. Ge Notwithstanding any provision to the contrary contained herein, an owner of a taxicab may establish flat rates for trips which originate within the Village with a des- tination point outside of the Village or trips which ori- ginate outside of the Village with a destination point within the Village. Any such flat rates established shall be filed with the Village clerk. ~very taxicab operated under this Article shall have a rate card setting forth the authorized rates of fare, displayed in such a place as to be in view of all passengers. Section 11.1127. Procedure for Taxicab Rate Increase Requests. A. Increases Proposed by the Public Health and Safety Committee The Public Health and Safety Committee of the Board of Trustees of the Village of Mount Prospect may on its own initiative by majority vote of such Committee recommend that the President and Board of Trustees of the Village consider a taxicab rate increase. If the President and Board of Trustees concur in the recom- mendation of the Committee, the Board shall consider such proposed taxicab rate increase at a regular or special meeting of the Board after mailing written notice of the date, time, place and taxicab rate increase proposal to each taxicab licensee and after publishing notice thereof in a newspaper of general circulation within the Village at least fifteen (15) days prior to the meeting at which the taxicab rate increase shall be considered. The President and Board of Trustees shall consider the proposed taxi- cab rate increase and the procedure shall be the same as for the consideration~of any other ordinance of the Village which does not require a public hearing. e If the President and Board of Trustees do not concur with the Committee's recommendation, the matter shall not be considered further. B. Increases Proposed by Taxicab Licensees. Any taxicab licensee may initiate a request for a taxicab rate increase by filing a written application therefor with the Village Clerk. Such application shall contain at least the following: {a) Name, address and telephone number of the applicant; A statement setting forth the rate increase requested; 11 - 2/29/80 (.c) A statement setting forth in detail the neces- sity for such rate increase; Any and all documents which support the neces- sity for the requested rate increase; A statement verifying that all statements con- tained in the application and the information contained in any documents submitted in support thereof are true and correct. Within 10 days after a completed application for a taxi- cab rate increase is filed with the Village Clerk by a licensee, the Village Clerk shall forward such applica- tion to the Public Health and Safety Committee which shall place the matter on its agenda within 60 days after receipt of such completed application. The Public Health and Safety Committee shall hold a hearing on the requested rate increase and shall deter- mine by majority vote whether to recommend to the Presi- dent and Board of Trustees that a rate increase is appropriate and, if so, the amount of such increase. In its deliberation the Committee may request and the applicant shall provide the Committee with any and all information and documents the Committee deems relevant. Notice of such hearing shall be mailed to each taxicab licensee and shall be published in a newspaper of general circulation within the Village at least 15 days prior to such hearing. The Committee shall make its recommendations on the requested rate increase to the President and Board of Trustees of the Village. The President and Board of Trustees shall consider the Committee's recommendations in the same manner as other recommendations of Village Board Committees. ~ection 11.1128. Rates 9£ Fare -- Duty 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 he changed until the fare has been paid or a charge ticket therefor is nade out and handed to the person hiring the taxicab. Any )assenger is entitled to receive, upon request, a receipt ~or the fare paid, showing the name of the taxicab owner, the name of the driver, the amount paid, and the date. ~ection 11.1129. Right of Operator to Demand Fare In ~dvance; Refusal to Convey Passengers. The operator in =ontrol of any taxicab licensed hereunder may demand in advance the payment of the fare of the person desiring to be =arried 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. 12 - 2/29/80 Section 11.1150. Duty to Pay Fare. It shall be unlawful for any person to refuse to pay the legal fare of any taxiCab licensed hereunder after having hired such taxicab. Section 11.1131. Additional Passengers. No taxicab driver shall carry any person other than the first person to occupy 9r ride in said taxicab unless the person first employing the taxicab shall consent to the acceptance of another 9assenger or Passengers.or the taxiCab owner or driver by con- ~ract with the Village is authorized to accept additional pas- sengers. Section 11.1132. Restriction on Number of passengers. N° driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his~taxicab as determined by the Chief of Police, or his delegate. A Child in arms shall not be counted as a passenger. Section 11.1133. Revenue and Expense Records. Every holder of a taxicab liCense hereunder shall keep accurate records of receipts from operations, of operating and other expenses, and of capital expenditures. Such records shall be available to the President and Board of Trustees upon reasonable request. Section 11.1134. Manifests. Every taxicab driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare, and all such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. 'The'forms for each manifest shall be furnished to the driver by the owner and shall be of a character approVed by the Chief of Police. Every holder of a taxicab license hereunder shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next succeeding the calendar year in which it was prepared. Such manifests shall be available to the President and Board of Trustees and the Police Department upon reasonable request. Section 11.1135. Taxicabs Licensed Elsewhere. Notwithstanding anything to the contrary contained in this Article, a taxicab licensed by another municipality may discharge and accept but shall not solicit passengers within the Village of Mount Prospect. Section 11.1136. Penalty for Violation. In addition to the revocation or suspension of a license as provided for in this Article, any person, firm or corporation shall be subject to a fine of not less than $50.00 nor more than $500.00 for violations of this Article. Section 11.1137. 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. /29/80 SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in p~an~hiet {~rr~ jas provided by law. PASSED t~s 18th AYES: Farley, NAYS: None ABSENT: APPROVED this day ~ March , 1980. Floros, Miller, Murauskis, Richardson Wattenberg 18th day of March , 1980. Village Clerk