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G18-15 Ordinance No. G18-15 AN ORDINANCE AMENDING CHAPTER 6.66 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "TAXICABS" WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit, the City of Elgin may exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to license; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend the regulations with respect to taxicabs operated within the City to ensure the safety, reliability and cost effectiveness of taxicabs within the City of Elgin and to preserve and enhance access to this important transportation option for residents and visitors to the City of Elgin; and WHEREAS, the establishment and amendment of such regulations providing for the protection of the public health, safety, welfare pertains to the government and affairs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.66 of the Elgin Municipal Code, 1976, as amended, entitled "Taxicabs" be and is hereby further amended in its entirety to read as follows: "CHAPTER 6.66 TAXICABS 6.66.010: DEFINITIONS: Unless otherwise stated, the following terms shall, for the purposes of this chapter be construed as defined in this section: COMPENSATION: Any money, thing of value, payment, consideration, reward, tip, donation, gratuity, of profit paid to, accepted, or received by the driver or owner of any vehicle providing transportation for a person, or persons: whether paid upon solicitation, demand, or contract, or voluntarily, or intended as gratuity or donation. Reimbursement for tolls and vehicle operating costs in an amount that is equal to or less than the most current privately owned vehicle mileage reimbursement rates established by the U.S. General Services Administration does not constitute compensation. INSPECTION STATION: A facility approved by the chief of police to conduct inspections as required by this chapter. PASSENGER: An individual being transported for compensation in a taxicab. PERSON: Includes individuals, firms, partnerships and corporations having an individual or common ownership of vehicles, equipment and facilities used in the operation of a taxicab business. SERVICE COMPANY: The company, association, group, or organization which, for each group of taxicab owners operated under a common color scheme or trade name, provides common services and facilities such as dispatch, color rights, advertising, telephone listings, maintenance, insurance, credit accounts, driver assignments, fare or compensation collection, credit or debit card transaction processing, and/or record keeping TAXICAB: All motor propelled vehicles that are engaged in the business of transporting passengers for hire, including the transportation of passengers for any form of Compensation, to or from a destination as directed by the passenger(s), available indiscriminately to all persons as may offer themselves for transportation. A taxicab does not include (1) a transportation network vehicle defined in chapter 6.74, (2) a limousine or (3) a motor carrier having a seating capacity of sixteen(16)passengers or more. TAXICAB DRIVER: Any person who operates a taxicab that is dispatched either by hail, telephone, radio, or any electronic device, indicating the location of a passenger for immediate or prearranged transportation device. TAXICAB STAND: Any place, public or private, where taxicabs are placed on display and presented for hire to prospective customers. TAXIMETER: A mechanical, electromechanical, or electronic device which records or indicates a charge or fare measured by distance traveled, waiting time, and extra passengers. VEHICLE AGE: Means the age of a vehicle computed by totaling the number of years from the model year to the calendar year, including both. For example, a vehicle with a model year of 2012 has a vehicle age of four years in the 2015 calendar year (2012 plus 2013 plus 2014 plus 2015). WAITING TIME: 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. No charge shall be made for time lost due to inefficiency of the taxicab or its operator or time consumed by a premature response to a call. 6.66.020: OWNERS' AND DRIVERS OPERATORS' LICENSES REQUIRED: A. Taxicab Owner's License 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 April 30, occurring next after the date of issue. 2. The annual license fee for each taxicab owner's license sticker shall be fifty dollars ($50.00). 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 the following: an appropriate license to transport persons for compensation from the state; a certification of inspection as required by this chapter; commercial vehicle insurance as required by this chapter; 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 April 30, next after date of issue. 6.66.030: TAXIMETER/RATES OF FARE/COMPENSATION: Each taxicab licensed under this chapter shall at all times be equipped with a taximeter as required by this chapter which shall be in operation at all times, such taxicab operating on a mileage basis, recording and registering tariffs in accord with established rates of fare and visible at all times to fare paying passengers. A prearranged flat rate fee between the passenger and the taxicab driver is permitted as long as both the taxicab driver and the passenger agree to the flat rate fee in advance of such trip. 6.66.040: RATES OF FARE; FILING: Rates of fare for taxicabs shall be disclosed on the website or within the software application service of the service company, entity or persons owning, operating or causing to be operated a taxicab in the city. If such service company, entity or person does not have a website or a software application on which to post rates of fare for taxicabs, the rates of fare for taxicabs shall be filed with the fiscal services manager prior to January 15 of each calendar year. Such rates shall be available for inspection and copying at the office of the fiscal services manager. No rates shall be charged except in conformance with this section. 6.66.050: INFORMATION TO BE POSTED: No person shall operate or cause to be operated in the city any taxicab unless there is displayed thereon the following information: A. The name of the owner of such taxicab shall be displayed in letters not less than two inches (2") in height on at least one door on each side of the taxicab. If the owner is operating under a firm name, such firm name shall be registered in the office of the fiscal services manager. B. The rates charged shall be clearly displayed and readable in the passenger area of the taxicab. C. A photograph of the operator and copy of the operator's driver's license and city cab driver's permit shall be clearly displayed and readable in the passenger area of the taxicab. 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. 6.66.060: EVIDENCE OF LICENSE PAYMENT TO BE DISPLAYED: 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. 6.66.070: USE OF TAXICAB STANDS: Taxicabs may stop or park in places designated as taxicab stands by the chief of police and with the approval of the city council. No person owning, operating or controlling a taxicab shall permit such taxicab to remain in a taxicab stand for more than sixty (60) consecutive minutes. The operator of such taxicab shall be in attendance at all times such taxicab remains in a stand. 6.66.080: PASSENGERS: No person shall occupy any taxicab in excess of the seating capacity of such vehicle at any time. It shall be the duty of the operator of such taxicab not to permit any persons in excess of the seating capacity of such taxicab to be in the taxicab under his control at any time. No more than one passenger may occupy the front seat of a taxicab and then only when there are more than three (3) passengers occupying the taxicab. No operator shall refuse a fare based on the requested destination. 6.66.090: ALCOHOLIC BEVERAGES: No person may drink any alcoholic liquor while such person is operating or being transported by a taxicab, nor may any person transport, carry, possess or have any alcoholic liquor while being transported by a taxicab, except in the original package with the seal unbroken. 6.66.100: SAFETY AND EMISSIONS REGULATIONS: A. No person shall operate or permit a taxicab owned by him to be operated unless the taxicab meets the applicable safety and admission requirements for a motor vehicle under the Illinois Motor Vehicle Code (625 ILCS 5/12-100 - 12-613) B. 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 and meets the safety and other requirements of this chapter. The chief of police or the chiefs designee may require at any time reasonable evidence that a taxicab is in good mechanical condition and meets the safety and other requirements of this chapter. 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. C. 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. D. 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, 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 subsection 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 and/or the unlawful use or consumption of drugs. 6.66.110: SANITATION: 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. 6.66.120: BOND/INSURANCE: No person shall operate or permit to be operated upon the streets or other places in the city any taxicab unless there is in full force and effect, and duly filed in the office of the fiscal services department, a proper bond with sureties approved by the city council, or a policy of commercial vehicle liability insurance providing for the payment and satisfaction of any judgment rendered against the owner or any person operating such vehicle with the owner's implied or express consent, as a result of the operation of such vehicle. Such bond or commercial vehicle insurance policy shall be in not less than the following aggregate amounts for each single occurrence: two hundred fifty thousand dollars ($250,000.00) for injury or death to one person, five hundred thousand dollars ($500,000.00) for injury or death to two (2) or more persons, and fifty thousand dollars ($50,000.00) for property damage. 6.66.130: INSPECTION: A. No person shall operate or permit a taxicab owned by him to be operated as a taxicab unless such vehicle is inspected as required by this chapter. Any taxicab that has a vehicle age of more than five (5) years shall obtain annual written certification from a city-approved vehicle inspection station affirming that the taxicab is being maintained in a safe operating condition and in accordance with the requirements of this chapter. B. 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 chapter, each taxicab that has a vehicle age of more than five (5) years 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. C. 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. D. 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. E. When a taxicab has been inspected and approved for operation as a 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 of 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 in lieu of the vehicle inspection required under subsection 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. F. 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. Taximeters shall be sealed to prevent unauthorized tampering of the taximeter. 6.66.140: NO DUTY OR LIABILITY IMPOSED: Nothing herein shall be construed to create any duty on the part of the city, its officers and employees to inspect any taxicab or with respect to the condition or safety of any taxicab or the operation thereof. Further, the city, its officers and employees, shall have no duty respecting nor shall they be liable for, any inspection, failure to inspect or improper inspection of taxicabs. 6.66.150: APPLICATION: 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. 6.66.160: APPLICATION CRITERIA: A. Each applicant seeking a taxicab owner's or driver's license shall meet the following requirements: 1. The applicant must be nineteen(19) years of age or older. 2. The applicant must have a valid Illinois driver's license. 3. The applicant must have had a valid driver's license during the immediately preceding three (3) 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 (3) years has elapsed during which the applicant has held a valid driver's license. 4. The applicant must not have more than three (3) moving violations in the prior three (3) year period, or one (1) major violation in the prior three (3) year period including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license; the applicant must not have been convicted within the past seven (7) years of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, or theft, acts of violence, or acts of terror; the applicant must not be a match in the National Sex Offenders Registry database; the applicant must possess a valid driver's license; the applicant must possess proof of registration for the motor vehicle used to provide taxicab services; and the applicant must possess proof of insurance required by this chapter for the motor vehicle used to provide the taxicab services. If the applicant, after having been issued a taxicab driver's license, is convicted of any of the offenses specified in this subsection, the applicant must immediately cease operating a taxicab. 5. No taxicab owner's or taxicab driver's license shall be issued to any person not qualified for such license under the laws of the state or the ordinances of the city. 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. 6.66.170: APPEALS: Any person who has been denied a license pursuant to the provisions of this chapter may appeal such denial to the fiscal services manager within fifteen (15) days of the date of such denial. Such persons shall be provided an opportunity to provide reasonable evidence that the granting of a taxicab license to them will not pose an unreasonable risk to the physical safety of the public. Based upon the receipt of such evidence, the fiscal services manager may issue a taxicab license to the applicant in the fiscal services manager's sole discretion. The fiscal services manager shall issue a license or a denial of any appeal within fifteen (15) days of such appeal. Any denial of an appeal shall be in writing, and shall state the findings of the fiscal services manager and the reasons for such denial. 6.66.180: PENALTY FOR VIOLATION: 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 five hundred dollars ($500.00) nor more than two thousand dollars ($2,000.00). B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation or provision of this chapter is committed, continued or permitted by any such person and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine in this chapter shall not be deemed a waiver of the power of the city of Elgin to suspend, revoke or refuse to renew any license otherwise issued by the city of Elgin. 6.66.190: SEVERABILITY If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter 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 chapter would have been adopted had such constitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Passed: May 27, 2015 Vote: Yeas: 7 Nays: 2 Recorded: May 27, 2015 Published: May 8, 2015 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk