HomeMy WebLinkAboutORDINANCE - 1048 - 4/13/1976 - TAXI SERVICE AMENDEDORDINANCE NO. 1048
AN ORDINANCE AMENDING ARTICLE XLII - TAXICABS OF
CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE
OF ELK GROVE VILLAGE
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Cook and DuPage Coun-
ties, Illinois, as follows:
Section 1: That Article XLII, Taxicabs, of Chapter 18, Licenses
and Permits be and the same is hereby amended to read as follows:
Article XLII - Taxicabs
Section 18.4201 - Definitions.
A. Taxicab - Taxicab shall mean any vehicle used to carry
passengers fo hire but not operating on a fixed route.
B. Taxicab Driver - Taxicab Driver means a driver of a
taxicab licensed by the Village of Elk Grove Village.
C. Taxi Meter - Taxi Meter means any mechanical device
which records and indicates a charge or fare measured by dis-
tance traveled, waiting time and extra passengers.
D. Licensee - Licensee shall mean any person, firm or
corporation who is the owner of one or more licenses issued
pursuant to this article.
E. Public Vehicle Commission - Public Vehicle Commission
shall be the President and Board of Trustees of the Village
of Elk Grove Village.
Section 18.4202 - License Required. It shall be unlawful for any
person, firm or corporation to operate taxicabs, either by himself or
through an agent, employee or partner, without first having obtained a
license for each taxicab being operated in the Village.
Section 18.4203 - Exclusive Permission Granted. Subject to the
conditions and limitations of this ordinance, exclusive permission and
authority are hereby granted to the licensees hereunder to operate a
taxicab as licensed hereunder upon the public streets and other public
ways within the corporate limits of the Village unless terminated or
revoked as hereinafter provided.
It shall be unlawful and the Village will not permit any public
passenger vehicle not licensed by the Village to solicit business within
the Village or to accept for transportation any passengers within the
Village, excepting when only such transportation has been arranged for
in advance by telephone or written order.
Section 18.4202 - Inter -Urban Operations. Nothing in this article
shall be construed to prohibit any public passenger vehicle from coming
into the Village to discharge passengers accepted for transportation outside
the Village. While said vehicle is in the Village no roof light or other
special light shall be used to indicate that the vehicle is vacant or
subject to hire and a visible card or flag shall be displayed at the
windshield of the vehicle bearing the words "not for hire". No person shall
be solicited or accepted in said vehicle for transportation from any
place within the Village.
Section 18.4205 - Certificate of Authority - Number of Licenses.
The Public Vehicle Commission, pursuant to a public hearing, shall
authorize two Certificates of Authority to qualify taxicab companies.
The selection of the companies receiving the Certificates of Authority
shall be based on all evidence presented at the public hearing and
shall be in the sole discretion of the Public Vehicle Commission.
The Certificates of Authority shall set forth the number of
licenses each company shall be issued, said number being based upon
the existing public need and demand for taxicab service, the number
of licenses requested by the individual companies and the ability of
the companies to operate the number requested. The total number of
licenses issued shall be in the sole discretion of the Public Vehicle
Commission, there being no limitation as to number. The Public Vehicle
Commission retains the right to modify or terminate the Certificate
of Authority for such cause and in such manner as hereinafter set forth.
Section 18.4206 - Every person holding a taxicab license pursuant
to a Certificate of Authority shall render an overall service to the
public desiring to use taxicabs. They shall maintain a central place of
business and keep the same open 24 hours a day for the purpose of re-
ceiving calls and dispatching cabs. They shall answer all calls received
dAO
by them for services inside the corporate limits of Elk Grove Village
as soon as they can do so, and if said services cannot be rendered
within a reasonable amount of time, they shall then notify the prospec-
tive passengers how long it will be before the said call can be
answered and give the reason therefor. Any operator who shall refuse
to accept a call within the corporate limits of the Village of Elk
Grove Village at any time when such operator has an available taxicab
or who shall fail or refuse to give overall service, shall be deemed
a violator of this article and the certificate granted to such operator
shall be subject to revocation in accordance with the provisions of
this article.
Every taxicab license hereunder shall be operated regularly
to the extent reasonably necessary to meet the public demand for service.
If the service of any taxicab is discontinued for a period of 21 con-
secutive days the Public Vehicle Commission, through its designated
agent, may give written notice to the licensee to restore the taxicab
to service, and if it is not restored within 5 days after notice, the
licensee's Certificate of Authority shall be amended by reducing the
number of licenses by one for each taxicab not operating regularly
as above described and that license shall be deemed revoked. Any
license revoked hereunder shall be made available to any other licensee
in the sole discretion of the Public Vehicle Commission.
Section 18.4207 - Change in Number of Taxicabs. It shall be
unlawful for an operator to increase or decrease the number of cabs
operated by him, provided, however, that such increase or decrease may
be authorized by amendment to his Certificate of Authority.made in
accordance with the provisions of this section.
An operator seeking to increase or decrease the number of taxi-
cabs operated by him shall file an application with the Village Clerk
specifying the proposed changes. Thereupon, the Public Vehicle Com-
mission shall cause notice of the filing of such application to be
published at the cost of the applicant, in a newspaper of general dis-
tribution within the Village, designating therein a public place for
hearing to be held not less than 5 days from the date of publication.
At said public hearing the public as well as the holders of currently
valid licenses shall be heard on the proposed amendment of the Operator's
Certificate of Authoritv.
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In the event that the proposed amendment seeks to decrease the
number of cabs required to be operated by the operator, the Public
Vehicle Commission is authorized to forthwith and in the same hearing,
consider the allocation of additional taxicab licenses in an amount
equivalent to the proposed reduction, among the holder or holders of
currently valid taxicab licenses.
In the event that the proposed amendment seeks to increase the
number of cabs authorized for operation by the applicant operator,
the Public Vehicle Commission shall in the first instance determine
and find whether public convenience and necessity requires the increase
of the number of taxicabs to be operated within the Village. If it
finds that more taxicabs are required, such additional licenses
shall be issued to the licensee requesting same and/or any other
applicant who has requested same at the public hearing, said issuance
of licenses to be in the sole discretion of the Public Vehicle
Commission based on the past performance of each licensee. Nothing
herein shall limit or prevent the Public Vehicle Commission from con-
ducting a public hearing at its own request to consider the need of
additional licenses or the limitation of existing licenses.
Section 18.4208 - Application. Application for a taxicab license
authorized by the Public Vehicle Commission's Certificate of Authority
shall be made in writing to the Village Clerk and signed and sworn to
by the applicant; or, if the applicant is a corporation, by its duly
authorized agent upon forms provided by the Clerk. The application
shall contain the full name, business address and residence address of
the applicant, the business telephone number of the applicant, the
manufacturer's name, model, year of car, horsepower and seating capacity
of each vehicle which the applicant seeks to use. A separate application
and separate license is required for each vehicle to be operated as a
taxicab. No such license shall issue without proof of inspection,
insurance, and such other requirements as may be deemed appropriate by
the Public Vehicle Commission as hereinafter provided.
Section 18.4209 - Insurance. No such license shall be issued to
any person, firm or corporation unless the applicant has secured and sub-
mitted to the Village Clerk, a copy or copies of his or their insurance
policies, or Certificates of Insurance, with public liability insurance
coverage available for personal injuries in an amount not less than
$100,000.00 for each person and $300,000.00 for each accident and
coverage for property damage in an amount not less than $25,000.00 for
each accident. In the event that such policy or Certificate of Insur-
ance at any time becomes ineffective by reason of notice served upon the
Village or otherwise, or in the event that the operator of a taxi cab
has failed to deposit such currently valid certificate or policy of
insurance, the license herein provided for the operation of a taxicab
shall likewise terminate forthwith and without further notice.
Section 18.4210 - Inspection. No license shall be issued hereunder
for any taxicab unless the cab is equipped with proper brakes, lights,
tires, horn, muffler, rear vision mirror and windshield wiper, in good
condition, and such other equipment as is required by the statutes of
the State of Illinois.
Furthermore, no license shall issue unless each vehicle has passed
an acceptable safety lane test as conducted by the Secretary of State of
Illinois and unless a Certificate of such safety lane test is filed in
the office of the Village Clerk. The Chief of Police or his designated
agent may conduct such additional investigation of the licensees' taxicabs
as the Chief of Police shall deem necessary to ascertain its safety for
the transportation of passengers.
Section 18.4211 - Suspension of License. If any taxicab shall become
unsafe for operation or of its body or seating facility shall be so damaged,
deteriorated or unclean as to render said vehicle unfit for public use,
the license therefor shall be suspended by the Public Vehicle Commission
or its authorized agent until the vehicle shall be made safe for operation
and its body shall be repaired and painted and its seating facility shall
be reconditioned or replaced as directed by the Public Vehicle Commission
or its agent. In determining whether any taxicab is unfit for public use
the Commission shall give consideration to its effect on the health,
comfort and convenience of passengers and its public appearance on the
streets of the Village. Upon suspension of a license for any cause, under
:.e provisions of this Article, the license issued for said vehicle shall
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be immediately returned to the Office of the Village Clerk until such
time as the Public Vehicle Commission or its designated agent authorizes
its re -issuance after an inspection has been made and the vehicle is again
safe for operation in the Village.
Section 18.4212 - Revocation. The operator's Certificate of
Authority may be revoked by the Public Vehicle Commission provided, how-
ever, that no such revocation shall be made without cause and without a
hearing before the Commission upon written notice given to the operator
at least 5 days prior to the date of hearing advising the operator
of the time and place of the hearing and that it is being held for the
purpose of revocation of the Certificate of Authority. In the event
that the Public Vehicle Commission finds that good cause exists for the
revocation of said Certificate of Authority, the Certificate of
Authority may be revoked by the Commission by a majority vote thereof.
Cause for revocation of a Certificate of Authority shall be the viola-
tion by said operator of the statutes of the State of Illinois or the
ordinances of the Village of Elk Grove Village relating to the operation
of vehicles, the violations of which reflect unfavorably on the fitness
of theholder to offer public transporation, the violation by the opera-
tor ofany provisions of this ordinance, proof of fraud, misrepresenta-
tion in obtaining the Certificate of Authority, or failure to comply with
the terms of the Certificate of Authority or any subsequent agreement
related thereto.
When an operator's Certificate of Authority has been revoked, all
licenses issued pursuant to said Certificate of Authority shall be
immediately forfeited and shall be inoperative.'
Every operator shall file with the Village Clerk an address in the
Village to which all notices required to be given to the operator under
this article may be addressed. All such notices shall be deemed good
and sufficient for all purposes when deposited in the United States Mail
in a post paid envelope addressed to the operator at the address on
file with the Village Clerk.
Section 18.4213 - Rates. The charge for taxicab service shall not
exceed 55t for the first 25ths mile or portion thereof, and 10C for each
succeeding 1/7th mile or fraction thereof, providing that if more than
on= passenger is carried on a trip there may be an additional charge of
104 for each additional passenger; 104 for each 1-1/2 minutes of
watiing time, 254 for parcel delivery other than for normal luggage
carried; the hourly rate shall not be more than $3.00 per hour.
Section 18.4214 - Emblem. Each taxicab, while operated, shall
have on each side in letters readable from a distance of 20 feet, the
name of the licensee operating it plus the following: "of Elk Grove
Village". If more than one cab is operated by a licensee, each cab
shall be designated by a different number, and such number shall
also appear on each side of such cab.
Section 18.4215 - Taxi Meter. Each taxicab shall be provided with
an approved, accurate and inspected taxi meter, to register, in plain
view of the passenger, the fares as accumulated while said cab is in
operation. The dial thereof shall be illuminated. The taxi meter shall
be equipped with a flag which shall be pulled down, thereby causing
said meter to commence to register when the passenger enters said taxicab.
It shall be the duty of the driver of every taxicab at the termination of
its services, to throw the flag to the non -recording setting on the taxi
meter and call the passenger's attention to the fare registered. A taxi
meter shall not be changed until the fare has been paid or a charge ticket
thereof made out and delivered to the person hiring such taxicab. Any
passenger shall be entitled to receive, upon his request therefor, a
receipt for the fare paid.
Section 18.4216 - Inspection of Taxi Meter. The Chief of Police or
his designated agent, or such other person as authorized by the Public
vehicle Commission shall inspect, test and seal all taxi meters in use
in the Village semi-annually. In addition thereto, whenever a complaint
is made to the Village that any taxi meter registers improperly or in-
accurately, it shall be the inspector's duty to immediately cause an
inspection and test of such taxi meter, and if said taxi meter does not
properly and accurately register, it shall be unlawful to operate the
taxicab until it is equipped with the taxi meter approved by the Chief of
Police, his designated agent, or such other person designated by the Public
vehicle Commission. The owner or operator of any taxicab shall, upon
demand, deliver to the Chief of Police, or his agent or such other desig-
nated person, the taxicab together with the taxi meter, or the taxi meter
detached therefrom for inspection and test. Said owner may be present or
reoresented at the time such inspection test is made
Section 18.4217 - Sealing of Taxi Meter. Fee for Inspection. When
a test shows that a taxi meter correctly records the charge of fare measured
by distance traveled, waiting time and extra passengers, it shall be sealed,
and a certificate of the test shall be issued to the owner. The fee
to be charged for the inspection of each taxi meter is hereby fixed at
the sum of $2.50 for each regular semi-annual inspection. No
charge shall be made for additional inspections unless the taxi meter
registers incorrectly or inaccurately in which case an inspection fee
of $5.00 shall be charged. No person collecting or operating any
taxicab shall transfer the taxi meter to any other taxicab unless a
new inspection and certification of such taxi meter is made.
Section 18.4218 - Displaying Rates of Fare. There shall be
affixed on the inside of each taxicab in a conspicuous place and in
such manner that the same may be easily and conveniently read by the
person riding -in such taxicab, a card in a frame covered by glass upon
which card shall be printed in plain, legible type, the rates of fare
as prescribed by this article.
Section 18.4219 - Operator's Permit. No person shall drive a
taxicab unless he shall have secured a permit therefor as herein provided.
Section 18.4220 - Application for Permit. Any person desiring to
secure an operator's permit or renewal thereof shall make application
in writing therefor to the Village Clerk. Such application shall set
forth the name of the applicant, his residence and occupation, and
shall be endorsed by at least two responsible citizens of the Village
who shall certify that the applicant is a man of good habits, honest,
sober and industrious and a fit person to drive or operate a taxicab.
Every applicant shall be twenty-one (21) years of age or over. Upon
such application, the Chief of Police shall make or cause to be made,
a careful and diligent inquiry as to the character and record of the
applicant for honesty, sobriety and capability and vision, and if it
shall be found that such applicant is lacking in any of such respects,
such permit shall be refused. If the Chief of Police shall be satisfied
that the applicant is a fit person to be licensed, such application
shall be approved and a permit issued. Such permit shall have affixed
thereon a picture of the permitee and shall contain such other descrip-
tive matter of the permitee as may be described by the Chief of Police.
A duplicate of the picture and the applicant's finger prints shall be
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kept_ on file in the Police Department. Such permit shall be displayed
at all times in the taxicab in plain view of the passenger.
Section 18.4221 - Fee. The fee for the initial issuance of an
operator's permit shall be $5.00 and such permit shall expire on the
31st day of May of each year following the date of issue. The annual
fee for any renewal thereof shall be $3.00.
Section 18.4222 - Revocation. The Public Vehicle Commission may
revoke any operator's permit for repeated violation of traffic laws,
ordinances of the Village, laws regulating the conduct of the driver
and failure to render good service. Said revocation shall be after a
hearing and the operator shall be granted an opportunity to defend
charges made against him.
Section 18.4223 - Penalty. Any person, firm or corporation who
shall violate any of the provisions of this article shall be fined not
less than $10.00 nor more than $500.00 for each and every offense,
and a separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
Section 18.4224 - Savings Clause. The invalidity of any section or
part of any section of this ordinance shall not effect the validity of
any other section or part thereof.
Section 2: Any person, firm or corporation violating any of the
provisions of this ordinance shall be subject to a fine of not less
than $10.00 nor more than $500.00 for each offense, and a separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
Section 3: The Village Clerk is hereby authorized;to publish this
ordinance in pamphlet form.
Section 4: This ordinance shall be in full force and effect from
and after its passage, approval and publication according to law.
PASSED this 13th day of April , 1976
APPROVED this 13th day of April , 1976
VOTE: AYES 4 NAYS 2 ABSENT 0
APPROVED: Charles J. Zetteka
VILLAGE PRESIDENT
ATTEST: Eleanor G. Turner
VILLAGE CLERK
SUM