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G28-09 AN ORDINANCE Ordinance No. G28-09 • AMENDING CHAPTER 6.66 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "TAXICABS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs," be and is hereby amended by amending Section 6.66.020, entitled, "Owners' and Operators' Licenses Required," to read as follows: A. Taxicab Owner's Licenses Sticker: No person shall use or occupy any street, alley or other public place in the city for the purpose of conducting a business for the transportation of persons for hire in taxicabs unless he shall have first obtained an annual taxicab owner's license sticker for each such taxicab, as provided and required in this section. 1. A taxicab owner's license sticker shall be issued annually by the fiscal services manager upon the approval of an application filed in accordance with this chapter and upon payment of the annual fee. All taxicab owner's license stickers shall • expire on November 30, next after date of issue. 2. The annual license fee for each taxicab owner's license sticker shall be fifty dollars ($50.00), provided the application for any such license sticker is filed between November 1"and November 30'h, inclusive. 3. The annual license fee for each taxicab owner's license sticker shall be seventy- five dollars ($75.00) when the application for any such license sticker is filed on any date not within the month of November. B. Taxicab Driver's License: No person shall operate or drive a taxicab in the city unless such taxicab has been issued a city taxicab owner's license sticker as herein required; and such person has first obtained an appropriate license to transport persons for compensation from the state; a certification of inspection as required by this chapter; and bond as required by this chapter, and registered such license, certification and bond with the finance department, and obtained a city taxicab driver's license. Such driver's license shall be issued annually by the fiscal services manager; upon payment of an annual registration fee of thirty dollars ($30.00). All taxicab driver's licenses shall expire on November 30, next after date of issue. Section 2. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs," be and is hereby amended by amending Section 6.66.050, entitled, "Information To • Be Posted," to add new subsection D to read as follows: D. Each taxicab must post, in a plainly visible location, a sign designating the city telephone number that a taxicab passenger may call to register a complaint regarding the conduct of the taxicab driver, the condition of the taxicab, the taximeter, or any other matter relating to the taxicab driver or the taxicab. Section 3. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs," be and is hereby amended by amending Section 6.66.060, entitled, "Evidence of License Payment To Be Displayed," to read as follows: There shall be displayed upon each taxicab licensed under this chapter such evidence of payment of the taxicab owner's license sticker fee as may be furnished by the finance department upon payment of the annual taxicab owner's license sticker fee. The taxicab owner's license sticker shall not be transferable, provided however, in the event of a substitution of vehicles at any time during the license period, upon application to the fiscal services department, evidence of registration of the substituted vehicle will be furnished upon the payment of a fee of ten dollars ($10.00) for each such substitution. Section 4. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs," be and is hereby amended by amending Section 6.66.110, entitled, "Safety Regulations,"to read as follows: • A. No person shall operate or permit a taxicab owned by him to be operated unless such taxicab is in safe condition for the transportation of passengers, is well painted and in good mechanical condition. The chief of police may require reasonable evidence of good mechanical condition at any time. Operators shall permit reasonable inspections of taxis by city employees to ensure compliance with the provisions of this chapter as may be required by the chief of police or equivalent testing certification as may be permitted by the chief of police. B. In the event a taxicab is involved in an accident with a pedestrian in which the pedestrian suffers any bodily injury, the driver of such taxicab shall submit to a chemical test or tests of blood, breath or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof in the taxicab driver's blood at the direction of the law enforcement officer responding to said collision. C. If the taxicab driver refuses testing or submits to a test that discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Illinois Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Illinois Use of Intoxicating Compounds Act, • i • or methamphetamine as listed in the Illinois Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the chief of police certifying that the test or tests was or were requested under subparagraph B of this section and the taxicab driver refused to submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more. Section 5. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs," be and is hereby amended by amending Section 6.66.120, entitled, `'Sanitation," to read as follows: While in operation, every taxicab shall be kept in a neat, clean condition and the interior shall be clean and free of foreign material or substance; the windows shall be clear, free from cracks, and shall be kept clean; the upholstering shall be free of dirt or other foreign substance likely to soil clothing and it shall be free of cracks, holes, tears, or loss of padding. Vehicle exteriors shall be free of excessive rust, excessive paint damage, and excessive dents or scrapes or other body damage. The chief of police may require reasonable evidence of good mechanical condition at any time. Operators shall permit reasonable inspections of taxicabs by city employees to ensure compliance with the provisions of this chapter as may be required by the chief of police. Section 6. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled • "Taxicabs," be and is hereby amended by amending Section 6.66.150, entitled, "Inspection," to read as follows: A. Not more than thirty (30) days prior to the date of filing an application for a taxicab owner's license sticker pursuant to section 6.66.020 of this title, each taxicab for which a taxicab owner's license sticker is sought shall obtain written certification from a city-approved vehicle inspection station affirming that the taxicab is being maintained in a safe operating condition and that the taximeter for such taxicab has been determined to be accurate and in proper working order. B. The approved taxicab inspection certification from an authorized vehicle inspection station shall be provided to the police department's traffic investigations unit in conjunction with the filing of each application for a taxicab owner's license sticker. C. A list of city-approved vehicle inspection stations shall be provided to each applicant for a taxicab license by the police department's traffic investigations unit. • i • D. When a taxicab has been inspected and approved for operation as public passenger vehicle by an Illinois police department other than the city's, the applicant may provide the city police department's traffic investigations unit with written proof such approval in conjunction with the filing of each application for a taxicab owner's license sticker. The chief of police may accept such written approval from an Illinois police department other than the city's lieu of the vehicle inspection required under subparagraph A of this section provided any such written approval was issued not more than sixty (60) days preceding the filing of the application for a taxicab owner's license sticker. E. Taximeters may be periodically inspected by the police department's traffic investigations unit during the licensing year. Such inspections shall require the taxicab to complete a one-mile test run to verify the accuracy of the taximeter. If the taximeter is determined to be accurate following the police department's inspection, the police department's traffic investigations unit shall seal the taximeter to prevent unauthorized tampering of the taximeter. Section 7. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs," be and is hereby amended by amending Section 6.66.170, entitled, `'Application," to read as follows: Persons seeking a license to operate a taxicab pursuant to the provisions of this chapter • shall submit an application to the police department's traffic investigations unit on the form supplied by and containing such information as may be required by the police department. The fiscal services department shall issue such licenses or provide a written denial of such applications within thirty (30) days of their submission. Any denial shall state the reasons for the denial, and shall inform the applicant that the applicant may appeal the denial by submitting such appeal in writing to the fiscal services manager within fifteen (15) days of the date of the denial. Section 8. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs," be and is hereby amended by amending Section 6.66.180, entitled, "Application Criteria," to read as follows: A. Each applicant seeking a taxicab owner's or driver's license shall meet the following requirements: 1. The applicant must be 21 years of age or older. 2. The applicant must have a valid Illinois driver's license. • i 3. The applicant must have had a valid driver's license during the immediately preceding three-year period. If the applicant, after having been issued a taxicab driver's license, ceases to have a valid driver's license, the applicant must immediately cease operating a taxicab and the prohibition shall continue until a period of three years has elapsed during which the applicant has held a valid driver's license. 4. The applicant must not have been convicted of any of the following offenses during the immediately preceding three-year period: Section 11-401 of the Illinois Vehicle Code (leaving the scene of a traffic accident involving death or personal injury); Section 11-501 of the Illinois Vehicle Code (driving under the influence); Section 11-503 of the Illinois Vehicle Code (reckless driving); Section 11-504 of the Illinois Vehicle Code (drag racing); Section 11-506 of the Illinois Vehicle Code (street racing) of the Illinois Vehicle Code; Section 9-3 of the Illinois Criminal Code of 1961 (manslaughter or reckless homicide) or Section 12-5 of the Illinois Criminal Code of 1961 (reckless conduct arising from the use of a motor vehicle). If the applicant, after having been issued a taxicab driver's license, is convicted of any of the offenses specified in this subparagraph, the applicant must immediately cease operating a taxicab and the prohibition shall continue until a period of three years has elapsed during which the applicant has not been convicted of any of the offenses specified in this subparagraph. • B. Upon receiving all required information from the applicant, including the submittal of an approved taxicab inspection certification from an authorized vehicle inspection station for each taxicab seeking a license, the police department shall commence the application review process by conducting a criminal background investigation. Upon successfully completing the criminal background investigation, submitting approved taxicab inspection certifications and paying all required fees, the applicant will be issued a taxicab owner's license for each approved taxicab and a city taxicab driver's license. C. The designee of the fiscal services manager shall deny the applications of persons who are not licensed and otherwise qualified to provide taxicab services pursuant to the laws of the state and of the United States. Probationary licenses and temporary or judicial driving permits shall not be sufficient to obtain either a taxicab owner's or driver's license. The designee of the fiscal services manager may deny applications for taxicab owner's or driver's licenses or revoke taxicab owner's or driver's licenses based upon a reasonable evaluation of the risk to the physical safety of the public which would be created by the granting of such licenses. Such an evaluation resulting in a denial of an application shall be based upon the conviction of the applicant of any violent or armed felony within five (5) years of the date of application, or of any drug or controlled substance felony conviction within one year of the date of application. Revocations shall be based upon such convictions during the period of the subject taxicab owner's or driver's license's effectiveness. • r t Section 9. That Title 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs," be and is hereby amended by amending Section 6.66.200, entitled, "Penalty for Violation,"to amend subsection A read as follows: A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the city, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). Section 10. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 11. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. • Section 12. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Schoc , Mayor e Presented: May 13, 2009 Passed: May 13, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 14, 2009 ,,- Published: May 15, 2009 4r Attest: Diane Robertson, City Nerk •