1989-08810/4/89
ORDINANCE NO. 89-88
AN ORDINANCE AMENDING CHAPTER 5.28 OF THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
(PUBLIC PASSENGER VEHICLES)
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the provisions of the Constitution of the State of Illinois of 1970; and
WHEREAS, this Ordinance is adopted to regulate public passenger
vehicles for the following reasons and purposes:
(a) To encourage the best possible passenger vehicle service under a
competitive system with regulation only to the extent necessary to
protect the safety and welfare of the citizens.
(b) To assure that any and all legitimate, locally based public
passenger, vehicle businesses are allowed to operate as many
vehicles as are economically feasible by placing no limit on the
number of vehicles operated by each business, until such time as
the Village deems necessary.
(c) To assure that public passenger vehicles licensed by the Village
are clean, comfortable and safe.
(d) To assure that public vehicle operations are reputable, capable
and safe. In order to accomplish the purposes listed herein, this
Chapter prescribes licensing procedures for each public passenger
vehicle business desiring to operate in the Village of Buffalo
Grove. This includes a business license, a Village license for
each public passenger vehicle, and a Village operator's license
for each driver. The intent of these procedures is to assure that
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the business serves the citizens of the Village and that its
operations are safe. Consumer interests are protected by
requiring that each public passenger vehicle business has a
bonafide local base of operation, an inspection procedure to
maintain mechanical dependability, and safeguards to assure that
operators are competent and safe.
(e) To assure that only bonafide public passenger vehicles licensed by
the Village are permitted to offer their services on the streets,
-- at _taxi cab stands, at residences,.and at places of business in the
Village.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The foregoing Whereas clauses are hereby incorporated
herein but shall not be codified.
Section 2. That Chapter 5.28 of the Village of Buffalo Grove Municipal
Code is hereby amended in its entirety and the following Chapter 5.28
enacted in lieu thereof:
CHAPTER 5.28
PUBLIC PASSENGER VEHICLES
5.28.010 Definitions.
For the purposes of this Chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this Section.
A. Inspection station. Official State of Illinois testing station, or
other facility designated by the Chief of Police to conduct inspections
required by this Chapter.
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B. Licensee. Licensee shall mean any person who is the owner of one
or more licenses issued pursuant to this Chapter.
C. Livery vehicle. Any public passenger vehicle transporting
passengers for hire, as a result of individual contract, on a trip or
hourly basis fixed in advance.
D. Public passenger vehicles. Taxicabs and livery vehicles used for
transportation of passengers for hire.
E. Public passenger vehicle chauffeur. Any person who drives a public
passenger vehicle in use for the transportation of persons for
compensation.
F. Public passenger vehicle company. Any person engaged in business
as proprietor of one or more public passenger vehicles for
transportation of passengers for hire.
G. Public passenger vehicle owner. Any person owning or leasing a
public passenger vehicle for hire.
H. Rate Card. Rate card means a card used by the Village for display
in each taxicab which contains the rates of fare then in force.
I. Taxicab. Any motor - propelled vehicle equipped with a taximeter and
operated for transportation of passengers for hire, available
indiscriminately to all persons as may offer themselves for
transportation.
J. Taxicab stand. Any place, public or private, where taxicabs are
placed on display and presented for hire to prospective customers,
accepting such persons as may offer themselves for transportation.
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Examples of taxicab stands are: railroad stations, hotels, motels,
bowling alleys, theaters, race tracks, and any prominent gathering
place.
K. Taximeter. Any mechanical or electronic device attached to a
taxicab which records and indicates a charge or fare in dollars and
cents measured by distance and waiting time.
L. Village. The Village of Buffalo Grove, an Illinois Municipal
Corporation.
M. Village-Clerk. The Village Clerk of the Village of Buffalo Grove
or her authorized representative.
N. Village Manager. The Village Manager of the Village of Buffalo
Grove or his authorized representative.
0. Waiting time. The time when the taxicab is not in motion,
beginning with the arrival at the place to which it has been called, or
the time consumed while standing at the direction of the passenger, but
no charge shall be made for the time lost on account of inefficiency of
the taxicab, or its operator, or time consumed by a premature response
to a call.
5.28.020 Business License.
A. Required. No person, firm or corporation shall operate or permit a
public passenger vehicle which is owned or controlled to be operated as
a vehicle for hire upon the streets of the Village without first having
obtained a business license. This provision does not apply to a person
who is merely an employee of the owner of the vehicle or who leases the
vehicle from the licensee.
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B. Application. The business license application, will contain the
same information as is required by the Village for all businesses and,
in addition, shall be accompanied by a letter providing all of the
following additional information, as applicable, if not on the standard
application form:
1. The name, age and address of the applicant in the case of an
individual; in the case of a co- partnership, the persons
entitled to share in the profits thereof; and in the case of
a corporation,
for profit,
or a
club,
the date
of
incorporation,
the objects for
which
it was
organized,
and
names and addresses of the officers and directors, and if a
majority interest of the stock of such corporation is owned
by one person or his nominee, the name and address of such
person.
2. The citizenship of the applicant; if a natural person, the
place of applicant's birth, or if a naturalized citizen, the
time and place of naturalization.
3. Current occupation /employment, business address and telephone
number.
4. Educational background.
5. Previous employment history.
6. Previous military history (if any) and type of discharge.
7. Current financial status, including any unpaid judgments and
pertinent information relative to any such judgments.
8. Any previous convictions of felony, misdemeanor and /or
traffic violations.
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9. Previous residence for past five years.
10. The number of vehicles to be operated or controlled by the
applicant and the location of proposed depots and terminals.
11. The color scheme or insignia to be used to designate the
vehicle or vehicles of the applicant, which color scheme and
insignia shall be readily distinguishable from that of
emergency vehicles and vehicles of previously licensed public
passenger vehicle companies.
12. Such further information as may be required by the Village
Manager.
C. Insurance Required. Applicants for a license or renewal of a
license to operate a public passenger vehicle in the Village shall
produce: (1) a certificate from the Secretary of State showing
compliance by the owner for each public passenger vehicle with the
provisions of the statutes of the State relating to the bonding or
insurance of motor vehicles used for carriage of passengers for
hire; and (2) a policy of insurance or certificate of insurance
showing that there is in full force and effect a policy of
insurance in the amount of not less than $100,000 one
person /$300,000 one accident and $50,000 property damage. All
bonds or insurance policies required by this Section, or copies
thereof, certified by the insurers or surety, shall be filed with
the Village Clerk, and shall not be subject to cancellation except
on thirty (30) days previous notice to the Village Clerk. If any
insurance is cancelled or permitted to lapse for any reason, the
Village Manager shall suspend the licenses for the vehicles
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affected for a period of 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
President shall revoke the license for such vehicles
D. Public passenger service. All persons engaged in the public
passenger vehicle business in the Village operating under the
provisions of this Chapter shall operate every public passenger
vehicle regularly in the Village to the extent reasonably
necessary to meet the public demands for passenger service. They
shall maintain a central place of business for the purpose of
receiving calls and dispatching vehicles, which location may be
within or without the Village. They shall answer all calls
received by them for service inside the corporate limits of the
Village 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 Village at any time when such licensee has available
vehicles, or who shall fail or refuse to give over -all service,
shall be deemed in violation of this Chapter.
E Issuance. If the Village President finds that the applicant
conforms to the
provisions
of this Section, and that
the
application reveals
nothing of
a nature that might endanger
the
health, safety and
welfare of
the general public as a result
of
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the possession of a license, then the Village Clerk shall issue a
business license upon receipt of Fifty Dollars ($50.00). The fee
for licenses issued for less than a year shall be prorated for the
period from the date of issuance to the end of the year. The
license shall expire on December 31 following the date of
issuance.
F. No business license may be sold, assigned, mortgaged, pledged, or
otherwise transferred.
G. The business license may be suspended or revoked if the holder
has:
1. Violated any provisions of this Chapter.
2. Discontinued operations for more than thirty (30)
days.
3. Violated any ordinances of the Village or the laws of the
United States of America or the State of Illinois, related to
the fitness of the holder to offer public transportation.
The procedures for suspension or revocation specified in
Sections 5.04.080 and 5.04.090 shall apply unless varied by
the provisions of this Chapter, in which case the provisions
of this Chapter shall be controlling.
H. Any applicant who has been denied a business license or whose
business license is suspended or revoked by the Village shall have
an opportunity for an appeal in the manner provided by Section
5.04.100 of this Code.
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I. Change of stock ownership.
1. A corporation holding a public passenger business license
shall advise the Village Manager 30 days prior to any
contemplated change of stock ownership involving 5% or more
of the stock of the corporation.
2. Each individual seeking to acquire 5% or more of the stock of
a corporation holding a public passenger vehicle license
shall comply with the provisions of this Section as though he
_were applying for a license as an individual.
3. The provisions of this paragraph do not apply to
corporations whose stock is traded publicly and listed on
recognized stock exchanges.
-)- 5.28.030 Public Passenger Vehicle License.
A. Required. It shall be unlawful to operate a public passenger
vehicle for hire within the corporate limits of the Village unless
it is licensed and operated under the terms and provisions of this
Chapter.
B. Application. Applications for all types of public passenger
vehicle licenses shall be made by the owner upon forms furnished
by the Village Clerk. Such applications shall be addressed to the
Village Clerk and shall contain the full name and address of
owner, or officers of a corporation or members of a partnership, a
complete description of the vehicle for which the license is
desired including kind and make of the vehicle, vehicle
identification number, manufacturer's identification number,
seating capacity, excluding driver's seat or any part thereof,
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state license number, color of vehicle, vehicle engine horsepower
and such other data as the Village may require to assure
compliance with the requirements of this Chapter.
C. Insurance required. Every application for any type of public
passenger vehicle license shall be accompanied by evidence of
liability insurance required in Section 5.28.020.C.
D. Inspection. The vehicle for which a license application is made
shall be inspected as provided in Section 5.28.050.
E. Fee. The annual fee for a public passenger vehicle license shall
be Twenty Dollars ($20.00), which fee shall be in addition to all
other state and Village vehicle fees. The fee for licenses issued
July 1st or after shall be Ten Dollars ($10.00). The license
shall expire on December 31 following the date of issuance. Any
applicant not meeting the requirements set forth in this Chapter
shall be refused a license which will cause the aforementioned fee
to be nonrefundable.
F. Issuance. The Village Clerk shall issue a public passenger
vehicle license after the vehicle has passed the inspection and
the license fee has been paid.
G. Display required. The vehicle license decal shall be affixed to
the certified inspection plate, which shall be visibly displayed
on the lower left hand corner of the rear bumper of the public
passenger vehicle.
H. Non - transferable. It shall be unlawful to transfer any public
passenger vehicle license from one vehicle to another.
Transferring any public passenger vehicle license shall be grounds
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for revocation of all licenses issued pursuant to this Chapter
(business license, vehicle licenses and chauffeur licenses) to
both the owner of the license and the vehicle to which the license
is transferred.
5.28.040 Register of Licenses. The Village Clerk shall keep a
register of the names of persons to whom licenses are granted, the date
issued, the number of the license and the description of the vehicles
licensed.
5.28.050 Inspection.
A. All public passenger vehicles shall be inspected three (3) times a
year. The license of all public passenger vehicles not inspected
within that period will be suspended by direction of the Village
Manager.
B. Such inspection will include, but need not be limited to, the
following:
1. Vehicle, make, year and vehicle identification number
2. State license number and year
3. Village business license number and year
4. Village vehicle license number and year
5. Vehicle color
6. Vehicle number
7. Company name
8. Service brakes
9. Emergency brakes
10. Horn
11. Rear view mirror
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C.
D.
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12. Windshield wipers and washers
13. Headlights
14. Tail lights
15. Stop lights
16. Turn signals
17. Speedometer
18. Taximeter
19. Rates displayed
20. Steering
21. Interior condition
22. Exterior condition
23. Windows
24. Tires
Any public passenger vehicle failing to pass the inspection will
be given a period of five (5) working days to allow for repairs.
The vehicle cannot be used as a public passenger vehicle for hire
until repairs have been completed, and it passes reinspection. If
the public passenger vehicle does not pass reinspection within
the five (5) working day period, the public passenger vehicle
license will be suspended by direction of the Village Manager.
The Chief of Police shall prescribe reasonable standards which
public passenger vehicles must satisfy to pass the inspections
required prior to licensing and periodically thereafter, which
standards shall be designed to assure that public passenger
vehicles licensed by the Village are mechanically dependable,
safe, clean and satisfy the requirements of this Chapter.
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5.28.060 Inspection Stations.
A. The Chief of Police shall designate those facilities which may
serve as inspection stations to conduct the vehicle inspections
required by this Chapter, which stations may be within or without
the Village of Buffalo Grove. He shall establish procedures for
conducting the inspections and minimum standards in order that a
vehicle be approved.
B. A list of authorized inspection stations shall be kept by the
Chief of Police. 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 day 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 Chapter or
the regulations established by the Chief of Police shall be cause
for suspension or revocation of the designation as an authorized
inspection station.
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5.28.070 Name of Owner Displayed on Taxicabs.
Every licensed taxicab shall bear on both sides of the vehicle in
lettering in contrast to the color of the vehicle and not less than two
inches in height, the name of the cab company and its telephone number.
5.28.080 Assignment of Vehicle License Decal.
The Village Clerk shall assign to each public passenger vehicle a
vehicle license decal which shall be affixed to the certified
inspection plate, which shall be visibly displayed on the left side of
the rear bumper of the public passenger vehicle.
5.28.090 Identification Number on Taxicabs.
Each taxicab shall bear on both exterior sides of the vehicle a minimum
of three inches in height and in a conspicuous location within the
passenger compartment four inches in height, in Arabic numerals, the
identification number assigned to such vehicle by the taxicab company.
5.28.100 Limitation on Number of Public Passenger Vehicle Licenses
Issued.
There shall be no limitation on the number of public passenger vehicle
licenses issued until such time as the Village Board deems necessary.
5.28.110 Public Passenger Vehicle License Non - Transferable.
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.
5.28.120 Suspension of Public Passenger Vehicle Licenses.
If, after the inspection and approval of any public passenger vehicle,
as provided for in this Chapter, such public passenger vehicle shall
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for 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 Chapter.
5.28.130 Effect of False Statements by Licensee.
In the event that the Village Manager, after investigation and hearing,
shall determine that any licensee has obtained any license for any
public passenger vehicle by fraud or false representation or
misstatement of facts pertinent to the question of whether public
convenience and necessity required the issuance of such license, the
Village Manager may, at his discretion, suspend such license.
5.28.140 Default in Observance of Chapter.
In the event that any licensee shall make default in the observance or
performance of any one or more of the agreements, conditions or
obligations imposed upon such licensee by this Chapter and if any such
default shall continue for a period of five days after written notice
thereof from the Village Manager to the licensee citing the alleged
default on the part of the licensee, then in each and every such case,
in addition to all rights and remedies of the Village in such case, the
Village Manager may suspend or the Village President may revoke all
public passenger vehicle licenses held by such licensee.
q _ 2R _ 1 Rn rhanfPcnr T.;^ "-e
A. Required. It shall be unlawful for any person to operate any
public passenger vehicle for hire within the Village without first
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having obtained a valid public passenger vehicle chauffeur's
license.
B. Owner responsibility. It shall be unlawful for any person owning
or controlling any public passenger vehicle to employ or permit
any person to operate such vehicle for hire within the Village
unless such driver has a valid public passenger vehicle
chauffeur's license issued by the Village.
C. Application. The application for a license as a public passenger
vehicle chauffeur shall contain the name of the applicant; his
residence and employment history; number and current status of his
Illinois driver's license; whether his state driver's license has
ever been suspended or revoked and if so, when and for what cause;
a list of all.convictions, if any, for violation of Federal, State
or municipal laws;
D. Qualifications.
1. Every applicant for a public passenger vehicle chauffeur's
license shall be no less than eighteen (18) years of age.
2. 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
driving of public passenger vehicles without risk to the
public.
3. The applicant must be the holder of a valid State of Illinois
Driver's License.
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4. The applicant must not have been convicted of any felony or
Class A misdemeanor within the past five (5) years.
5. 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.
E. Investigation. Upon filing of such application and applicant's
payment of a Thirty -five Dollar ($35.00) nonrefundable application
fee, the Chief of Police shall make or cause to be made a careful
and diligent investigation, including fingerprinting of 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. The application fee hereunder shall
not be due if the requirements of Section 5.28.230.D. are met.
F. Issuance. If the Chief of Police shall be satisfied that the
applicant satisfies the requirements set forth herein, and is a
fit person to be licensed, such application shall be approved and
the license issued. A conditional linenGP may ha i ccncr7
awaiting processing of the application.
G. Fee. The annual fee for a public passenger vehicle chauffeur's
license shall be Twenty Dollars ($20.00) and such license shall
expire on December 31 following the date of issuance. The fee for
licenses issued July 1st or after shall be Ten Dollars ($10.00).
H. Display. The chauffeur's license shall be displayed at all times
in the public passenger vehicle in plain view of the passenger.
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I. Non - transferable. It shall be unlawful to transfer any public
passenger vehicle chauffeur's license from one person to another.
Transference of such license shall be grounds for revocation.
J. Suspension or Revocation. The Village Manager, in his
discretion, may suspend a public passenger vehicle chauffeur's
license for a period not to exceed thirty (30) days, or the
Village President may revoke, for any failure or refusal to comply
with the provisions of this Chapter; for any violation of Federal,
State or municipal law; upon a determination that said licence was
obtained fraudulently, 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. Said suspension or revocation shall
be as further provided in Sections 5.04.080, 5.04.090 and 5.04.100
of this Code.
Section 5.28.160 Public Passenger Vehicle Operation.
A. Number of passengers. No operator of a public passenger vehicle
shall carry more than the rated passenger load per vehicle.
B. 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 first engaging the public
passenger vehicle. An appropriate sign shall be posted indicating
the restrictions on shared rides.
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C. Soliciting. No driver of a public passenger vehicle shall seek
employment by repeatedly or persistently driving his vehicle to
and from in a short space before any theater, hotel, railway
station or other public place or by otherwise interfering with the
proper and orderly access to or egress from any such place.
1. It shall be prima facie evidence that the operator of a
Public Passenger Vehicle, while on duty, is engaged in
solicitation if he /she is standing or parked on any street,
parking lot or place within the Village.
2. If a Public Passenger Vehicle is standing or parked and not
soliciting a sign must be displayed indicating that the
vehicle is "Not for Hire ".
D. Right of Operator to Demand Fare in Advance; Refusal to Convev
Passengers. The operator or person in charge or control of any
taxicab 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
driver or 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.
Section 5.28.170 Livery Vehicles.
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 passengers for
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hire on a contract basis at a price agreed upon prior to
employment and by arrangement of the parties at the time of
initial telephone contact by customer to the livery company.
Section 5.28.180 Imitation of Other Taxicab.
No taxicab or the owner of a taxicab shall be licensed under the
provisions of this Chapter if the vehicle sought to be licensed as a
taxicab is painted or labeled as to be so similar to the automobiles
or similar vehicle of any other person licensed and engaged in the
business of operating taxicabs in the Village as to be an imitation
thereof and calculated to deceive the patrons of taxicabs into
believing that such vehicles are in reality the taxicabs of such other
person.
Section 5.28.190 Schedule of Rates.
It shall be unlawful for an owner or operator of a taxicab to charge,
demand or collect rates of compensation in excess of the following:
A. For the first mile, or fraction thereof ....................$2.00
B. For each additional one -tenth (1 /10th) mile, or
fraction thereof ............ ............................... .12
C. For each additional passenger - within Village ............. .25
For each additional passenger - lst adjacent Village....... .50
For each additional passenger - beyond 1st adjacent
Village ..................... ............................... 1.00
D. Waiting time, each 22.5 seconds ....... 10 \.- -
E. For a destination beyond the municipaliti s of Elk Grove Village,
Mount Prospect, Wheeling, Arlington Heights, Palatine, Rolling
Meadows, Prospect Heights or beyond those portions of Schaumburg
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north of Schaumburg Road, the maximum charge is the amount show-
ing on the meter plus an additional twenty percent (20 %).
F. Fifty percent (50 %) surcharge beyond the following:
Route 59 on the West
Route 60 on the North
Route 19 on the South
Route 43 on the East
Section 5.28.200 Posting Established Rates.
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 any person riding in such taxicab, a rate card in a frame
covered by glass or other transparent material upon which card shall be
printed in plain, legible type the rates of fare as prescribed by
Section 5.28.190.
Section 5.28.210 Taximeters.
A. Accuracy. No taxicab shall operate with passengers for hire
unless the taximeter shall be accurately recording the fare to be
charged.
B. Position. A taximeter shall be located so that its face can be
seen by a passenger from the rear compartment of the vehicle.
C. Illumination. 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. Flags. Taximeters shall be equipped with a flag at least three
inches by two inches in size, either painted red or bearing
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letters at least one -inch in height, the word "Vacant" or the
words "For Hire ". The flag post of such flag shall be kept
towards a 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. Transfer. 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. Tampering. No person shall tamper with, break or mutilate any
taximeter, cable or seal thereof.
G. Distance Test. Test method to determine compliance with distance
tolerances. A distance test of a taximeter shall be conducted by
the test method prescribed by the Chief of Police. Any taxicab
company, after being notified to bring their vehicle(s) in for
taximeter inspection will be allowed five (5) working days to
produce their vehicle(s) for said inspection. Any vehicle failing
to pass the inspection will be given a period of seven (7) working
days to allow for repairs. The vehicle cannot be used as a public
passenger vehicle for hire until repairs have been completed and
it passes reinspection. If the taximeter does not pass
reinspection within the seven (7) working day period, the public
passenger vehicle license will be suspended by direction of the
Village Manager.
Section 5.28.220 Fixing of Rates Prohibited. It shall be unlawful for
any person, firm or corporation licensed under the provisions of this
Chapter to conspire among themselves or with other persons to fix or
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control rates for taxicab hire within the Village. It is the purpose
of this Chapter to provide for free and uncontrolled rates, except as
to maximum rates set by the Village, and any scheme, device or other
subterfuge employed by any licensee to evade this purpose shall be
deemed to be in violation of this Chapter and grounds for revocation or
suspension.
Section 5.28.230 Businesses, Public Passenger Vehicles or Chauffeurs
Licensed Elsewhere. Notwithstanding anything to the contrary contained
in this Chapter:
A. No Village business license shall be required of a public
passenger vehicle company who does not maintain a place of
business within the Village except that a business license shall
be required if passengers are solicited or accepted within the
Village.
B. A public passenger vehicle licensed by another municipality may
discharge but shall not solicit nor accept passengers within the
Village unless a Village Public Passenger Vehicle License is
obtained.
C. A Chauffeur licensed by another municipality may discharge but
shall not solicit nor accept passengers within the Village unless
a Village Chauffeur's License is obtained.
D. If an applicant for a business license, public passenger vehicle
license or a chauffeur license is licensed in another municipality
whose requirements are similar to those of this Chapter, the
Village may, in its discretion, accept the results, or parts
thereof, of said prior licensing procedures. Notwithstanding the
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foregoing, the Village shall not be prevented from requiring
separate compliance with this Chapter when circumstances warrant
same.
Section 5.28.240 Violation Penalty.
A. Any person who violates any of the provisions of this Chapter
shall be fined as provided by Chapter 1.08 of this Code.
B. In addition to such fine any license issued pursuant to this
Chapter may be suspended or revoked as provided in this Code.
Section 3. That this ordinance shall be in full force and effect from
and after its passage, approval, and publication. This ordinance may be
published in pamphlet form.
AYES: 6 - Marienthal Glove ,r Reid Shifrin, Mathias, O'Malley
NAYES : 0 - None
ABSENT: 0 - Non
PASSED: November 6 , 1989.
APPROVED: November 6 , 1989.
PUBLISHED: November 7 , 1989.
APPROVED:
'VILLAGE PRESID
ATTEST:
ILLAGE CLERK
24
OTEM XI. (F)
TO: William R. Balling
FROM: William H. Brimm
DATE: October 27, 1989
SUBJECT: Public Passenger Vehicle Ordinance
Attached, please find an ordinance for consideration by the President and
Board of Trustees that amends Chapter 5.28 of the Village's Municipal Code
dealing with the regulation and licensing of public passenger vehicles. The
ordinance amends the section in its entirety and brings the intent of public
passenger vehicle registration into compliance with other local communities
that participated in the regulation consortium.
The ordinance now requires the following:
1) That each operator of a public passenger vehicle obtain a business
license with the Village. This license is necessary in order to
solicit or pick -up passengers in the Village even if the applicant's
principal place of business is not located in Buffalo Grove.
2) A standard of service for operators is established. Failure to abide by
the standards is grounds for possible revocation as a violation of the
ordinance.
3) Every public passenger vehicle will require licensing. This is in
addition to the business license. A specific application is required
and the license is required to solicit and accept passengers in the
Village. The key to this process is the mandatory vehicle inspection
process. In the inspection process, there is a required participation
in the licensing process by the Police Department. The Department is
required to approve, in part, this license based on the inspection
results.
4) The third distinct license required is the chauffeur's license. This is
also necessary in order to operate a public passenger vehicle in the
Village and is required to be obtained by the driver or operator of the
vehicle. This license process involves an attempt to assure that
drivers are both physically and legally fit to operate a vehicle of
these types in the public interest. Police Department involvement in
the licensing of chauffeurs is also required at this point in the
process.
In addition to the licensing aspects referred to above, the ordinance also
establishes criterion for:
Number of passengers to be carried
Rules of solicitation
Rate schedules posting of rates, and rate fixing
Taxi meter regulation
Regulation of livery vehicles
Other administrative and regulatory language is included to bring the ordin-
ance into compliance with the direction followed by the consortium. It
should be noted in closing that while licensing is critical, the Village will
o •
cooperate with operators and drivers and accept certain licensing materials
and results in order to eliminate duplication of effort between the require-
ments of surrounding villages.
The goals of this ordinance are to encourage the best public passenger
vehicle services of residents and visitors to Buffalo Grove while assuring
safety, security and reliability for the user.
Upon adoption, staff will notify local cab companies and livery services
regarding compliance requirements. Ron Gozdecki has arranged for an in-
spection station in Arlington Heights. Other administrative matters are now
being resolved and implementation should occur shortly after final adoption
of the ordinance.
cj o c.t,t
William H. Brimm
/rf
{
VILLAGE OF BUFFA/PLLO&-;' GROVE
ORDINANCE NO. 4J /`'��
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE,'
THIS DAY OF /Y��` 19e.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake CoVnties, Illinois,
this day of i1t.�GG'�/�, 19�.
Village Clerk
By
Deputy. Vi11ag Clerk
10/4/89
ORDINANCE NO. 89- 88
AN ORDINANCE AMENDING CHAPTER 5.28 OF THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
(PUBLIC PASSENGER VEHICLES)
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the provisions of the Constitution of the State of Illinois of 1970; and
WHEREAS, this Ordinance is adopted to regulate public passenger
vehicles for the following reasons and purposes:
(a) To encourage the best possible passenger vehicle service under a
competitive system with regulation only to the extent necessary to
protect the safety and welfare of the citizens.
(b) To assure that any and all legitimate, locally based public
passenger vehicle businesses are allowed to operate as many
vehicles as are economically feasible by placing no limit on the
number of vehicles operated by each business, until such time as
the Village deems necessary.
(c) To assure that public passenger vehicles licensed by the Village
are clean, comfortable and safe.
(d) To assure that public vehicle operations are reputable, capable
and safe. In order to accomplish the purposes listed herein, this
Chapter prescribes licensing procedures for each public passenger
vehicle business desiring to operate in the Village of Buffalo
Grove. This includes a business license, a Village license for
each public passenger vehicle, and a Village operator's license
for each driver. The intent of these procedures is to assure that
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the business serves the citizens of the Village and that its
operations are safe. Consumer interests are protected by
requiring that each public passenger vehicle. business has a
bonafide local base of operation, an inspection procedure to
maintain mechanical dependability, and safeguards to assure that
operators are.competent and safe.
(e) To assure that only bonafide public passenger vehicles licensed by
the Village.are permitted to offer their services on the streets,
at taxicab stands,, at residences, and.at places of business in the
Village.
BE IT,.ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The foregoing Whereas clauses are hereby incorporated
herein but shall.not be codified.
Section 2. That Chapter 5.28 of the Village <of Buffalo Grove Municipal
.Code is hereby amended in its entirety and the following Chapter 5.28
enacted in lieu thereof:
CHAPTER 5.28
PUBLIC. PASSENGER VEHICLES
5.28.010 Definitions.
For the purposes of this Chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this Section.
A. Inspection station. Official State of Illinois testing station, or
other facility designated by the Chief of Police to conduct inspections
required by this Chapter.
2
.
B. Licensee. Licensee shall mean any person who is the owner of one
or more licenses issued pursuant to this Chapter.
C. Livery vehicle. Any public passenger vehicle transporting
passengers for hire, as a result of individual contract, on a trip or
hourly basis fixed in advance.
D. Public passenger vehicles. Taxicabs and livery vehicles used for
transportation of passengers for hire.
E. Public passenger vehicle chauffeur. Any person who drives a public
passenger vehicle in use for the transportation of persons for
compensation.
F. Public passenger vehicle company. Any person engaged in business
as proprietor of one or more public passenger vehicles for
transportation - of'. passengers ' for hire.
G. Public passenger vehicle owner. Any person owning or leasing a
public passenger vehicle for hire.
H. Rate Card. Rate card means a card used by the Village for display
in each taxicab which contains the rates of fare then in force.
I. Taxicab. Any motor- propelled,vehicle equipped with a taximeter and
operated for transportation of passengers for hire, available
indiscriminately to all persons as may offer themselves for
transportation.
J. Taxicab stand. Any place, public or private, where taxicabs are
placed on display and presented for hire to prospective customers,
accepting such persons as may offer themselves for transportation.
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Examples of taxicab stands are: railroad stations, hotels, motels,
bowling alleys, theaters, race tracks, and any prominent gathering
place.
K. Taximeter. Any mechanical or electronic device attached to a
taxicab which records and indicates a charge. or fare in dollars and
....cents measured by distance and waiting time.
L. Village. The. Village of Buffalo Grove, an Illinois Municipal
Corporation.
M. Village .Clerk. The Village Clerk of the Village of Buffalo Grove
or her authorized representative.
N. Village Manager. The Village Manager. of the Village of Buffalo
Grove or his authorized representative.
O. Waiting time. The time when the taxicab is not in motion,
.beginning with the arrival at the place to which it has been called, or
the time consumed while.standing at the direction of the passenger, but
no charge .shall be made for the time lost on account of inefficiency of
the taxicab, or its operator, or,time consumed by a premature response
to a call.
5.28.020 Business License.
A. Required. No person, firm or corporation shall operate or permit a
public passenger vehicle which is owned or controlled to be operated as
a vehicle for hire upon the streets of the Village without first having
obtained a business license. This provision does not apply to a person
who is merely an employee of the owner of the vehicle or who leases the
vehicle from the licensee.
4
B. App1ica -t ion. The business license application, will contain the
same information as is required by the Village for all businesses and,
in addition, shall be accompanied by a letter providing all of the
following additional information, as applicable, if not on the standard
application form:
1. The name, age and address of the applicant in the case of an
individual; in the case of a co- partnership, the persons
entitled to share in the profits thereof; and in the case of
a corporation, for profit, or a club, the date of
incorporation, the objects for which it was organized, and
names and addresses of the officers and directors, and if a
majority interest of the stock of such corporation is owned
.by one person or. his nominee, the name and address of such
person.
2. The citizenship of the applicant; if a natural person, the
place of applicant's birth, or if a naturalized citizen, the
time and place of naturalization.
3. Current occupation /employment, business address and telephone
number.
4. Educational background.
5. Previous employment history.
6. Previous military history (if any) and type of discharge.
7. Current financial status, including any unpaid judgments and
pertinent information relative to any such judgments.
8. Any previous convictions of felony, misdemeanor and /or
traffic violations.
9. Previous residence for past five years.
10. The number of vehicles. to. be operated or controlled by the
applicant and th.e'location of proposed depots and terminals.
11 The color scheme or insignia-to be used to designate the.
vehicle or vehicles of the applicant, which color scheme and
insignia shall be readily distinguishable from that of
emergency vehicles and vehicles of .previously licensed public
passenger vehicle.companies.
12. Such further information as may be required by the Village
Manager.
C. Insurance Required. Applicants for a. license or renewal of a
license to operate a_ public - passenger vehicle in the Village shall
produce: (1)_a certificate from. the Secretary of State showing
compliance by.the owner foreach public passenger vehicle with the
.pro.visions,of the statutes of the State relating to the bonding or
insurance of motor vehicles used for carriage of passengers for
hire; and (2) a policy of ;insurance or certificate of insurance
showing that there is in full force and effect a policy of
insurance in the amount of not less than $100,000 one
person /$300,000 one accident and $50,000 property damage. All
bonds or insurance policies required by this Section, or copies
thereof, certified by the insurers or surety, shall be filed with
the Village Clerk, and shall not be subject to cancellation except
on thirty (30) days previous notice to the Village Clerk. If any
insurance is cancelled or permitted to lapse for any reason, the
Village Manager shall suspend the licenses for the veh -icles
Z
affected for a period of 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
President shall revoke the license for such vehicles
D. Public passenger service. All persons engaged in the public
passenger vehicle business in the Village operating under the
provisions of this Chapter shall operate every public passenger
vehicle regularly in the Village to the extent reasonably
necessary to meet the public demands for passenger service. They
shall maintain a central place of business for the purpose of
receiving calls and dispatching vehicles, which location may be
within or without the Village. They shall answer all calls
received by them for service inside the corporate limits of the
Village 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 Village at any time when such licensee has available
vehicles, or who shall fail or refuse to give over -all service,
shall be deemed in violation of this Chapter.
E. Issuance. If the Village President finds that the applicant
conforms to the provisions of this Section, and that the
application reveals nothing of a nature that might endanger the
health, safety and welfare of the general public as a result of
7
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the possession of a license, then the Village Clerk shall issue a
business license upon receipt of Fifty Dollars ($50.00) The fee
for licenses issued for less than a year shall be prorated for the
period from the date of issuance to the end of the year. The
license shall expire on December 31 following the date of
issuance.
F. No business license may be sold, assigned, mortgaged, pledged, or
otherwise transferred.
G.. The business license may be suspended or revoked if the holder
has:
1. Violated -any provisions of this Chapter.
2. Discontinued operations for more than thirty (30)
days.
3. Violated any ordinances of the Village or the laws of the
United States of America or the State of Illinois, related to
the fitness of the holder to offer public transportation.
The procedures for suspension or revocation specified in
Sections 5.04.080 and 5.04.090 shall apply unless varied by
the provisions of this Chapter, in which case the provisions
of this _Chapter shall be. controlling.
H. Any applicant who has been denied a business license or whose
business license is suspended or revoked by the Village shall have
an opportunity for an appeal in the manner provided by Section
5.04.100 of this Code.
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I. Change of stock ownership.
1. A corporation holding a public passenger business license
shall advise the Village Manager 30 days prior to any
contemplated change of stock ownership involving 5% or more
of the stock of the corporation.
2. Each individual seeking to acquire 50 or more of the stock of
a corporation holding a public passenger vehicle license
shall comply with the provisions of this Section as though he
were applying for a license as an individual.
3. The provisions of this paragraph do not apply to
corporations whose stock is traded publicly and listed on
recognized stock exchanges.
5.28.030 Public Passenqer Vehicle License.
A. Required. It shall be unlawful to operate a public passenger
vehicle for hire within the corporate limits of the Village unless
it is licensed and operated under the terms and provisions of this
Chapter.
B. Application. Applications for all types of public passenger
vehicle licenses shall be made by the owner upon forms furnished
by the Village Clerk. Such applications shall be addressed to the
Village Clerk and shall contain the full name and address of
owner, or officers of a corporation or members of a partnership, a
complete description of the vehicle for which the license is
desired including kind and make of the vehicle, vehicle
identification number, manufacturer's identification number,
seating capacity, excluding driver's seat or any part thereof,
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state license number, color of vehicle, vehicle engine horsepower
and such other data as the Village may require to assure
compliance with the requirements of this Chapter.
C. Insurance required. Every application for any type of public
passenger vehicle license shall be accompanied by evidence of
liability insurance required in Section 5.28.020.C.
D. Inspection. The vehicle for which a license application is made
shall be inspected as provided in Section 5.28.050.
E. Fee. The annual fee. for. a public passenger vehicle license shall
be Twenty Dollars ($20.00), -which fee shall be in addition to all
other state and Village vehicle,:fees. The fee for licenses issued
July l.st or after shall be Ten Dollars ($10.00). The license
shall expire on December. 31 following the date of issuance. Any
applicant not meeting the requirements set forth in this Chapter
shall be refused a license which will cause the aforementioned fee
to be nonrefundable.
F. Issuance. The Village Clerk s:hall issue a public passenger
vehicle license after the vehicle has passed the inspection and
the license fee has been paid.
G. Display required. The vehicle license decal shall be affixed to
the certified inspection plate, which shall be visibly displayed
on the lower left hand corner of the rear bumper of the public
passenger vehicle.
H. Non- transferable. It shall be unlawful to transfer any public
passenger vehicle license from one vehicle to another.
Transferring any public passenger vehicle license shall be grounds
10
for revocation of all licenses issued pursuant to this Chapter
(business license, vehicle licenses and chauffeur licenses) to
both the owner of the license and the vehicle to which the license
is transferred.
5.28.040 Register of Licenses. The Village Clerk shall keep a
register of the names of persons to whom licenses are granted, the date
issued, the number of the license and the description of the vehicles
licensed.
5.28.050 Inspection.
A. All public passenger vehicles shall be inspected three (3) times a
year.. The license of all public passenger vehicles not inspected
within that period will be suspended by direction of the Village
Manager.
B. Such inspection will include, but need not be limited to, the
following
1. Vehicle, make, year and vehicle identification number
2 State license number and year
3. Village business license number and year
4. Village vehicle license number and year
5. Vehicle color
6. Vehicle number.
7. Company name
8. Service brakes
9.- Emergency brakes
1.0. Horn
11. Rear view mirror
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12. Windshield wipers and washers
13. Headlights
14. Tail lights
15. Stop lights
16. Turn signals
17. Speedometer
18. Taximeter
19. Rates .displayed
20. Steering
21. Interior condition
22. Exterior condition
23. Windows
24. Tires
C. Any public passenger vehicle failing to pass the inspection will
be given a period of five (5) working days to allow for repairs.
The vehicle cannot be used as a public passenger vehicle for hire
until repairs have been completed and it passes reinspection. If
the public passenger vehicle does not pass reinspection within
the five (5) working day period, the public passenger vehicle
license will be suspended by direction of the Village Manager.
D. The Chief of Police shall prescribe reasonable standards which
public passenger vehicles must satisfy to pass the inspections
required prior to l.icensing and periodically thereafter, which
standards shall be designed to as.sure that public passenger
vehicles licensed by the Village are mechanically dependable,
safe, clean and satisfy the requirements of this Chapter.
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5.28.060 Inspection Stations.
A. The Chief of Police shall designate those facilities which may
serve as inspection stations to conduct the vehicle inspections
required by this Chapter, which stations may be within or without
the Village of Buffalo Grove. He shall establish procedures for
conducting the inspections and minimum standards in order that a
vehicle be approved.
B. A list of authorized inspection stations shall be kept by the
Chief of Police. 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 day 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 Chapter or
the regulations established by the Chief of Police shall be cause
for suspension or revocation of the designation as an authorized
inspection station.
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5.28.070 Name of Owner Displayed on Taxicabs.
Every licensed taxicab shall bear on both sides of the vehicle in
lettering in contrast to the color of the vehicle and not less than two
inches.in height, the name of the cab company and its telephone number.
5.28.080 Assi nment of Vehicle License Decal.
The Village. Clerk shall assign to each public passenger vehicle a
vehicle license decal which shall be affixed to the certified
inspection plate, which shall be visibly displayed on the left side of
the rear bumper of the public passenger vehicle.
5.28.090 Identification Number on Taxicabs.
Each taxicab shall bear on both exterior sides of the vehicle a minimum
of three inches in height and in a conspicuous location within the
passenger compartment four inches in height, in Arabic numerals, the
identification number assigned to such vehicle by the taxicab company.
5.28.100 Limitation on Number of Public Passenger Vehicle Licenses
Issued.
There shall be no limitation on the number of public passenger vehicle
licenses issued until such time as the `Village-Board deems necessary.
5.28.110 Public Passenger Vehicle License Non- Transferable.
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.
5.28.120 Suspension of Public Passenger Vehicle Licenses.
If, after the inspection and approval of any public passenger vehicle,
as provided for in this Chapter, such public passenger vehicle shall
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for 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 Chapter..
5.28.130 Effect of False Statements by I,icPncPP
In_the- event.that the Village Manager, after investigation and hearing,
shall determine that any licensee has obtained any license for any
public passenger vehicle by fraud or false representation or
misstatement of facts. pertinent to the question of whether public
convenience and necessity required the issuance of such license, the
Village Manager may, at. his discretion, suspend such license.
5.28.140 Default in Observance of Chapter.
In the event that any licensee shall make default in the observance or
performance of any one or more of the agreements, conditions or
obligations imposed upon such licensee by this Chapter and if any such
default shall continue for a period of five days after written notice
thereof from the Village Manager to the licensee citing the alleged
default on the part of the licensee, then in each and every such case,
in addition to all rights and remedies of the Village in such case, the
Village Manager may suspend or the Village President may revoke all
public passenger vehicle licenses held by such licensee.
5.28.150 Chauffeur License.
A. Required. It shall be unlawful for any person to operate any
public passenger vehicle for hire within the Village without first
15
having obtained a, valid public passenger vehicle chauffeur's
license.
B. Owner responsibility. It shall be unlawful for any person owning
or controlling any public passenger vehicle to employ or permit
any person to operate such vehicle for. hire within the Village
unless such driver has a valid public passenger vehicle
chauffeur's license issued by the Village.
C. Application. The application for a license as a public passenger
vehicle chauffeur shall contain the name of the applicant; his
residence and employment history; number and current status of his
Illinois driver's license; whether his state driver's license has
ever been suspended or revoked and if so, when and for what cause;
a list of all convictions, if any, for violation of Federal, State
or municipal laws;
D. Qualifications.
1. Every applicant for .a public passenger vehicle chauffeur's
license shall be no less than eighteen (18) years of age.
2. 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.
driving of public passenger vehicles without risk to the
public.
3. The applicant must be the holder of a valid State of Illinois
Driver's License.
16
4. The applicant must not have been convicted of any felony or
Class A misdemeanor within the past five (5) years.
5. 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.
E. Investigation. Upon filing of such application and applicant's
payment of a Thirty -five Dollar ($35.00) nonrefundable application
fee, the Chief of Police shall make or cause to be made a careful
and diligent investigation, including fingerprinting of 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. The application fee hereunder shall
not be due if the requirements of Section 5.28.230.D. are met.
F. Issuance. If the Chief of Police shall be satisfied that the
applicant satisfies the requirements set forth herein, and is a
fit person to be licensed, such application shall be approved and
the license issued. A conditional license may be issued while
awaiting processing of the application.
G. Fee. The annual fee for a public passenger vehicle chauffeur's
license shall be Twenty Dollars ($20.00) and such license shall
expire on December 31 following the date of issuance. The fee for
licenses issued July 1st or after shall be Ten Dollars ($10.00).
H. Display. The chauffeur's license shall be displayed at all times
in the public passenger vehicle in plain view of the passenger.
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I. Non- transferable. It shall be unlawful to transfer any public
passenger vehicle chauffeur's license from one I person to another.
Transference of such license shall be grounds for revocation.
J. Suspension or Revocation. The Village Manager, in his
discretion, may suspend a public passenger vehicle chauffeur's
license for a period not to exceed thirty (30) days, or the
Village President may revoke, for any failure or refusal to comply
with the provisions of this Chapter; for any violation of Federal,
State or municipal law; upon a determination that said licence was
obtained fraudulently, 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. Said suspension or revocation shall
be as further provided in Sections 5.04.080, 5.04.090 and 5.04.100
of this Code.
Section 5.28.160 Public Passenger Vehicle Operation.
A. Number of Passen ers. No operator of a ublic
P passenger vehicle
shall carry more than the rated passenger load per vehicle.
B. 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 first engaging the public
.passenger vehicle. An appropriate sign shall be posted indicating
the restrictions on shared rides.
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C. Soliciting. No driver of a public passenger vehicle shall seek
employment by repeatedly or persistently driving his vehicle to
and from in a short space before any theater, hotel, railway
station or other public place or by otherwise interfering with the
proper and orderly access to or egress from any such place.
1. It shall be prima facie evidence that the operator of a
Public Passenger Vehicle., while on' duty, is engaged in
solicitation; if he /she is standing or parked on any street, +
parking lot or place within the Village.
2. If a Public Passenger Vehicle is standing or parked and not .
soliciting a. sign must be displayed indicating that the
vehicle is "Not for Hire ".
D. Right of Operator to Demand Fare in Advance; Refusal to Convey
Passengers. The operator or person in charge or control of any
taxicab 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
driver or 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.
Section 5.28.170 Livery Vehicles.
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 passengers for
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hire on a contract basis at a price agreed upon prior to
employment and by arrangement of the parties at the time of
initial telephone contact by customer to the livery company.
Section 5.28.180 Imitation of Other Taxicab.
No taxicab or the owner of a taxicab shall be licensed under the
provisions of this Chapter if the vehicle sought.to be licensed as a
taxicab is painted or labeled as to be so similar.to the automobiles
or similar vehicle of any other. person licensed and engaged in the
business of operating taxicabs in the Village as to be an imitation
thereof and calculated to deceive the patrons of taxicabs into
believing that such vehicles are in reality. the taxicabs of such other
person.
Section 5.28.190 Schedule of Rates.
It shall be unlawful for an owner or operator of a taxicab to charge,
demand or collect rates of compensation.in excess of the following:
A. For the first mile, or fraction thereof ....................$2.00
B.. For each additional one -tenth (1 /10th) mile, or
fractionthereof ...................... 0.................... .12
C. For each additional passenger - within Village ............. .25
For each additional passenger - lst adjacent Village....... .50
For each additional passenger — beyond 1st adjacent
Village... ............................... 1.00
...... .............
D. Waiting time, each 22.5 seconds ............................ .10
E. For a destination beyond the municipalities of Elk Grove Village,
Mount Prospect, Wheeling, Arlington Heights, Palatine, Rolling
Meadows, Prospect Heights or beyond those portions of Schaumburg
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north of Schaumburg Road, the maximum charge is the amount show-
ing on the meter plus an additional twenty percent (20 %).
F. Fifty percent (50 %) surcharge beyond the following:
.Route 59 on the West
Route 60 on the North
Route 19 on the South
Route 43 on the East
Section.5.28.20.0 Posting Established Rates.
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 any person riding in such taxicab, a rate card in a frame
covered by glass or other transparent material upon which card shall be
printed in plain, legible type the rates of fare as prescribed by
Section 5.28.190.
Section 5.28.210 Taximeters.
A. Accuracy. No taxicab shall operate with passengers for hire
unless the taximeter shall be accurately recording the fare to be
charged.
B. Position.. A taximeter shall be located so that its face can be
seen by a passenger from the rear compartment of the vehicle.
C. Illumination. 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. Flags. Taximeters shall be equipped with a flag at least three
inches by two inches in size, either painted red or bearing
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letters at least one -inch in height, the word "Vacant" or the
words "For Hire ". The flag post of such flag shall be kept
towards a 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. Transfer. 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. Tamperinq. No person shall tamper with, break or mutilate any
taximeter, cable or seal thereof.
G. Distance Test. Test method to determine compliance with distance
tolerances. A distance test of a_ taximeter shall be conducted by
the test method prescribed by the Chief of Police. Any taxicab
company, after being notified to bring their vehicle(s) in for
taximeter inspection will be allowed - five (5) working days to
produce their vehicle(s) for said inspection. Any vehicle failing
to pass the inspection will be given a period of seven (7) working
days to allow for repairs. The vehicle cannot be used as a public
passenger vehicle for hire until repairs have been completed and
it passes reinspection. If the taximeter does not pass
reinspection within. the seven (7) working day period, the public
passenger vehicle license will be suspended by direction of the
Village Manager.
Section 5.28.220 Fixing of Rates Prohibited. It shall be unlawful for
any person, firm or corporation licensed under the provisions of this
Chapter to conspire among themselves or with other persons to fix or
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control rates for taxicab hire within the Village. It is the purpose'
of this Chapter to provide for free and uncontrolled rates, except as
to maximum rates set by the Village, and any scheme, device or other
subterfuge employed by any licensee to evade this purpose shall be
deemed to be in violation of this Chapter and grounds for revocation or
suspension.
Section 5.28.230 Businesses, Public Passen er Vehicles or Chauffeurs
Licensed Elsewhere. Notwithstanding anything to the contrary contained
in this Chapter:
A. No Village business license shall be required of a public
- passenger vehicle company who does not maintain a place of
business within the Village except that a business license shall
be required if passengers are solicited or accepted within the
Village.
B. A public passenger vehicle licensed by another municipality may
discharge but shall not solicit nor accept passengers within the
Village unless a Village Public Passenger Vehicle License is
obtained.
C. A Chauffeur licensed by another municipality may discharge but
shall not solicit nor accept passengers within the Village unless
a Village Chauffeur's. License_is obtained.
D. If an applicant for a business license, public passenger vehicle
license or a chauffeur license is licensed in another municipality
whose requirements are similar to _those of this Chapter, the
Village may, in its discretion, accept the results, or parts
thereof, of said prior licensing procedures. Notwithstanding the
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foregoing, the Village shall not be prevented from requiring
separate compliance with this Chapter when circumstances warrant
same.
Section 5.28.240 Violation Penaltv.
A. Any person who violates any of the provisions of this Chapter
shall be fined as provided by Chapter 1.08 of this Code.
B. In addition to such . fine any license issued pursuant to this
Chapter may be suspended or revoked as provided in this Code.
Section- 3_ That this ordinance shall be in full force and effect from
and after. its _passage, approval, and publication. This ordinance may be
published.in pamphlet form.
AYES: 6 - Marienthal - Glover Reid Shifrin, Mathias, O'Malle
NAYES : 0 - None
ABSENT: 0 -None
.PASSED: - November 6 1989.
P
APPROVED: November 6 , 1989.
PUBLISHED: November 7 1989
APPROVED:
r J
VILLAGE PRESIDENT
'TEST:
D
`l VILLAGE CLERK
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