City of Le Roy, IL Chapter 3-9 Taxicabs

§ 3-9-1 Scope Of Chapter And Definitions.

[Ord. 02-12-04-20, 12-16-2002]

A. Scope: This chapter regulates the operation of transporting passengers for hire in vehicles which are not operating regularly upon established routes. Excluded from coverage are buses and rented vehicles not for hire actually operated by the lessee.

B. Definitions: The following words and phrases when used in this chapter shall have the meanings as set out herein, unless the context in which they are used clearly indicates that a different meaning is intended:

ADMINISTRATOR OR CITY ADMINISTRATOR

The City Administrator of the City of Le Roy, Illinois.

CERTIFICATE

A certificate of public convenience issued by the City authorizing the holder to conduct a taxicab business in the City of Le Roy.

DRIVER

The operator of the taxicab.

DRIVER'S PERMIT

The written permission granted by the City Administrator to a person to drive a taxicab upon the streets of the City of Le Roy.

HOLDER

A person to whom a certificate of public convenience has been issued.

MANIFEST

A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.

PERSON

Includes an individual, a corporation or other legal entity, a partnership and any unincorporated association.

TAXICAB

Any vehicle used in the business of carrying passengers for hire and not operated regularly upon established routes.

TAXIMETER

A meter instrument or device attached to a taxicab which measures mechanically and/or electrically the distance driven and the waiting time upon which the fare is based.

WAITING TIME

1. The following times when a hired taxicab is not in motion:

a. Time commencing three minutes after arrival at the place to which the taxicab has been summoned and ending with the passenger's entry into the vehicle;

b. Time consumed by ordinary traffic delays;

c. Time the taxicab is not in motion due to the request, act, or fault of a passenger or passengers.

2. It shall not include:

a. Time lost due to inefficiency, of the vehicle or its driver;

b. Time consumed by premature response to a call;

c. Any other time lost.

§ 3-9-2 Certificates Of Public Convenience.

[Ord. 02-12-04-20, 12-16-2002]

A. Certificate Required: No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City of Le Roy without having first obtained a certificate of public convenience from the City Administrator.

B. Application For Certificate: An application for a certificate shall be filed with the City Administrator upon forms provided by the City of Le Roy; said application shall be verified under oath and shall furnish the following information:

1. The name and business and residence addresses of the applicant;

2. The financial status of the applicant, including the amount of all unpaid judgments against the applicant and the nature of the transactions or acts giving rise to said judgments;

3. The experience of the applicant in the transportation of passengers;

4. Any facts which the applicant believes tend to prove that public convenience would be benefited by the granting of a certificate;

5. The number of vehicles to be operated or controlled by the applicant;

6. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant;

7. If the applicant is a corporation, the names and addresses of the president, secretary, and any other officers of the corporation;

8. If the applicant is a member of a partnership, the names and addresses of each of the partners and each partner shall sign the application;

9. Such information as the City Administrator of the City of Le Roy may require.

C. Investigation: The chief of police shall cause an investigation to be made of the character, fitness and qualifications of the applicant, and shall transmit the findings to the City Administrator.

D. Surety Bond Or Liability Insurance Required: No certificate of public convenience shall be issued or continued in operation and it shall be unlawful for any person to operate a taxicab unless there is in full force and effect a surety bond for each vehicle authorized in the amount of at least $250,000 for death or bodily injury to any one person resulting from any one accident and at least $50,000 for property damage resulting from any one accident. Said bond or bonds shall by its terms insure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his servants, agents, or drivers. Said bond or bonds shall be filed in the office of the City Clerk and shall have as surety thereon a solvent and responsible surety company authorized to do business in the state of Illinois.

The City Administrator may in his discretion allow the holder to file, in lieu of bond or bonds, a liability insurance policy or certificate showing the specific vehicles covered by an effective policy in said amounts issued by an insurance company authorized to do business in the state of Illinois. Said policy shall conform to the following provisions:

1. The policy shall provide the same coverage as required for bonds above.

2. Said policy of insurance shall contain a provision that the same cannot be canceled by the company issuing the same without giving 30 days' notice in writing of such cancellation to the holder and to the City Administrator, either personally or by registered mail. Whenever any such policy shall be so canceled, the City Administrator shall require such owner either to furnish a bond or a new policy of insurance, in accordance with the provisions of this chapter. Whenever the issuing company gives such notice of cancellation, the City Administrator shall, at the expiration of said 30 days, mark said insurance policy or certificate "withdrawn" with the date such withdrawn became effective, and thereupon the liability of such company on said policy shall cease as to any injury or damage sustained after the date such withdrawal becomes effective.

3. If, at anytime, in the judgment of the City Administrator, said policy of insurance is not sufficient for any good cause, he may require the owner of such taxicab who fled the same to replace said policy of insurance with another good and sufficient bond or insurance policy, in accordance with the provisions of this chapter.

4. The applicant or holder shall deposit with the City Clerk a duplicate certificate of effective insurance from the company or a copy of all policies of insurance for public liability and property damage required by the state of Illinois for the operation and driving of a motor vehicle for the carriage of passengers for hire; and the same shall be applied to the extent thereof as long as said policies are in full force and effect in determining whether the owner of such taxicab has fulfilled the requirements for a policy of insurance as provided in this chapter.

E. Issuance Of Certificate: If the City Administrator finds that further taxicab service in the City of Le Roy is desirable and in the public interest, and that the applicant is fit, willing and able personally and financially to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the City Administrator, then the City Administrator shall issue a certificate, to be signed by the Mayor, stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, if all of the above findings cannot be made, the application shall be denied. The City Administrator shall send copies of his findings to all interested parties.

F. License Fees:

1. Payment: No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee of $25 for each vehicle operated under a certificate of public convenience. Said license fees shall be paid in advance and shall expire on December 31 of the year in which it is issued.

G. Transfer Of Certificate: No certificate of public convenience may be sold, assigned, mortgaged or otherwise transferred.

H. Renewal Of Certificate: Certificates shall be subject to a yearly renewal and holders of certificates shall file applications therefor not less than 30 days before the end of each calendar year. All applications for renewal of existing certificates shall contain the same information as the original application.

I. Suspension Or Revocation Of Certificate: A certificate issued under the provisions of this chapter may be revoked or suspended by the City Administrator if the holder thereof has:

1. Violated any of the provisions of this chapter; or

2. Violated any ordinances of the City of Le Roy or the ordinances of any other jurisdiction in which the holder operates, or the laws of the United States or the state of Illinois, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.

Prior to suspension or revocation, the holder shall be given reasonable notice of the proposed action to betaken and shall have the opportunity to be heard.

§ 3-9-3 Taxicab Driver's Permit.

[Ord. 02-12-04-20, 12-16-2002]

It shall be illegal for any person to operate taxicab for hire upon the streets of the City of Le Roy, and it shall be illegal for any person who owns or controls a taxicab to permit it to be so driven unless the driver of said taxicab shall have first obtained and shall have then in force a taxicab driver's permit issued under the provisions of this chapter.

A. Application For Driver's Permit: An application for a taxicab driver's permit shall be filed with the City Clerk on forms provided by the City of Le Roy; and such application shall be verified under oath and shall contain the following information:

1. The name, age and residence of applicant;

2. The names and addresses of four persons who have known the applicant for a period of four years and who will vouch for the sobriety, honesty, and general good character of the applicant;

3. The number of applicant's operator license issued by the state of Illinois;

4. Whether applicant's operator license has ever been suspended or revoked by any governmental body in or outside of the state of Illinois, and if so, the reason therefor;

5. The number and nature of moving traffic violations committed by the applicant;

6. A concise history of the applicant's employment;

7. Fingerprints of applicant;

8. Convictions of the applicant within the past five years of any felony in any jurisdiction, or of any sexual offense under Article 11 or 12 of the Illinois criminal code, or equivalent sexual offenses of any other jurisdiction.

At the time the application is filed, the applicant shall pay to the City Clerk the sum of $10.

B. Investigation Of Applicant: Police department shall conduct an investigation of each applicant for a taxicab driver's permit and a report of such investigation and copy of the traffic and police record of the applicant, if any, shall be forwarded to the City Administrator.

C. Consideration Of Application: The City Administrator upon consideration of the application shall approve or deny it. Approval of any application may be withdrawn if information discloses grounds for denial of an application.

D. Grounds For Denial Of Application: The following shall be the nonexclusive grounds for denial of an application for a taxicab driver's permit:

1. The applicant is afflicted with a disease or uncorrected impairment which could affect his driving ability or be transmitted to a passenger;

2. The applicant has not attained the age of 18 years;

3. The applicant does not have a valid operator's license issued by the state of Illinois;

4. The applicant has a bad driving record;

5. The applicant has been convicted within the past five years of any felony or any sexual offense;

6. The failure of an applicant to furnish truthful information on an application for a taxicab driver's permit.

E. Issuance Of Driver's Permit: Upon approval of an application for a taxicab driver's permit, the City Administrator shall issue a permit to the applicant, to be signed by the Mayor, which shall bear the name, address, age and signature of the applicant.

Such permit shall be in effect for the remainder of the calendar year. A permit for every license year thereafter shall be issued upon the payment of $10 unless the permit has been revoked.

F. Display Of Permit: Every driver licensed under this chapter shall post his driver's permit in such a place as to be in full view of all passengers while such driver is operating a taxicab.

G. Suspension And Revocation Of Permit: For any violation or noncompliance with this chapter or of any other law or regulation relating to a person's driving, the City Administrator is hereby given the authority to suspend any driver's permit for a period of one to 30 days or to revoke any driver's permit if the driver has received reasonable notice and has had an opportunity to present evidence in his behalf.

§ 3-9-4 Vehicles, Equipment And Maintenance.

[Ord. 02-12-04-20, 12-16-2002]

A. Vehicle License Required And Safety Standards:

1. Inspections: Prior to the use and operation of any vehicle under the provisions of this chapter, and in January and July of each year, the holder shall cause every vehicle being operated under a certificate to be presented to the police department for a safety inspection of the vehicle and its equipment. The police department shall thoroughly examine and inspect the vehicle and its equipment, and the same shall be found by the police department to be in safe and satisfactory operating condition with respect to all of the following: steering, brakes, speedometer, lights, tires, horn, exhaust system, rearview mirror, windshield wipers, taximeter, windows, seat belts, lack of dangerous body damage, taxi sign on roof, cleanliness, and proper display of rate card, certificate, driver's permit, state sticker showing proof of insurance, and vehicle license plate issued by the state of Illinois.

As part of this inspection, each vehicle must be verified to have passed, within the past six months, a safety test provided by an official Illinois vehicle safety testing station as established by Illinois statute. A safety sticker issued by said testing station shall be displayed on each vehicle.

2. Authority To Order Inspection: The City Administrator shall have authority to order an inspection at any time to ensure the continued maintenance of safe operating conditions.

3. Condition Of Vehicle: Every vehicle operating under this chapter shall be kept in a safe, clean and sanitary condition at all times to conform to the standards above.

B. Designation Of Taxicabs: Each taxicab shall bear on each side in painted letters not less that four inches nor more than eight inches in height, the name of the holder or the trade name under which his certificate has been issued.

C. Taximeter: All taxicabs operated under the authority of this chapter shall be equipped with fully functional taximeters fastened in front of the passengers, with a face visible to them at all times day and night. Said taximeter shall be operated mechanically by a mechanism of standard design and construction. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed, and it shall be the duty of the driver to throw the flag of such taximeter into a nonrecording position at the destination of each passenger or group of passengers.

It shall be unlawful for any holder to allow and for any driver to drive such taxicab unless the fare to be charged is determined by the meter in accordance with the rates contained therein.

The said taximeter shall be subject to inspection from time to time by the police department. Any inspector or other officer of said department is hereby authorized to inspect any meter, and upon discovery of any inaccuracy therein, to notify the person operating said taxicab to cease operation until the taximeter is repaired to be accurate.

D. Rate Card: Each taxicab shall have affixed in a location clearly visible to passengers a rate card showing the rate charged.

§ 3-9-5 Taxicab Service And Facilities.

[Ord. 02-12-04-20, 12-16-2002]

A. Rates: The following rates and no others shall be charged for taxicab services:

1. Meter Rates:

a. Hour Rates: $18 per hour for one or more passengers.

b. Mileage Rates: $1.50 for the first 1/6 mile or fraction thereof; $0.30 for each 1/6 mile or fraction thereof.

c. Waiting Time: $0.30 for each one minute of waiting time or fraction thereof if taximeter is equipped to measure time provided, however, the charge for waiting time may be assessed only in the case of delays caused by the customer.

2. Special Rates: Children the age of 12 or under shall be carried free when accompanied by an adult; also, any additional passengers over the age of 12 being transported from the same point of departure to the same destination shall be charged at an additional charge of no more than $0.50.

B. Receipts: The driver of any taxicab shall upon demand by the passenger render to such passenger a receipt for the amount charged, which shall also state the name of the holder, license plate number, amount of meter reading or charges and date of transaction.

C. Restriction Of Number Of Passengers: No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his taxicab.

D. Personal Articles Left In Taxicabs: All articles found in taxicabs by the holder or driver thereof shall be turned over to the police department within 24 hours of the finding thereof unless the lost property in the meantime is claimed by the owner.

E. Manifests: Every driver shall maintain a daily manifest upon which is recorded all trips made each day, showing time and place of origin and destination of each trip, the number of passengers, and amount of fare, and all such completed manifests shall be returned to the holder by the driver within seven days of the conclusion of his tour of duty.

Every holder of a certificate of public convenience shall retain and preserve all drivers' manifests in a safe place for at least one calendar year following the year to which they relate and said manifest shall be available at any time on request to the City Administrator or police department.

F. Holder's Records And Reports:

1. Every holder shall keep and maintain accurate records of receipts from operations, operating and other expenses, capital expenditures, and such other operating information and data as may be required by the City Administrator.

2. All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person or in damage to any vehicle, or to any property in an amount exceeding the sum of $250 shall be described on an accident report form to be furnished by the police department within five days from the time of the occurrence.

G. Direct Route: Taxicab drivers shall transport each passenger to the person's destination by means of the most direct route thereto unless the passenger requests a different route or traffic conditions necessitate a different route.

§ 3-9-6 Offenses And Penalty.

[Ord. 02-12-04-20, 12-16-2002]

A. Filing False Application: A person commits the offense of filing a false application if he makes a misstatement of fact on any application for a certificate of public convenience or a taxicab driver's permit.

B. Illegal Operation Of Taxicab: It is illegal for and a person commits the offense of illegal operation of a taxicab if:

1. Without a valid effective certificate of public convenience the person operates or drives a taxicab or allows another person to operate or drive a taxicab; or

2. The person operates or drives a taxicab without a valid operator's license for the state of Illinois or without a valid taxicab driver's permit from the City of Le Roy, or allows another person to do so; or

3. The person operates or drives or allows another to operate or drive a taxicab which lacks proper state of Illinois license plates; or

4. The person operates or drives or allows another to operate or drive a taxicab with a taximeter which is faulty, inaccurate or misleading;

5. The person operates or drives or allows another to operate or drive a taxicab that has not passed the police department inspection set forth in Section 3-9-4 of this chapter.

C. Illegal Rate Assessment: It is illegal for and a person commits the offense of illegal rate assessment if he charges any fare except in compliance with this chapter.

D. Insufficient Service: It is illegal for and a person commits the offense of supplying insufficient service if he fails to provide taxicab service to bona fide, orderly person requesting service within 30 minutes of the time that a request for a taxicab is made, unless previously engaged or otherwise unable to do so.

E. Failure To Keep Manifests: It is illegal for and a person commits the offense of failure to keep manifests if:

1. He is a holder and he allows a driver to neglect or omit the making of a manifest as required by this chapter; or

2. He is a driver and he neglects or omits the making of a manifest as required by this chapter.

F. Failure To Keep Records And Reports: It is illegal for and a person commits the offense of failure to keep records and reports if he fails to keep his records and reports as required by this chapter.

G. Failure To Insure: It is illegal for and a holder commits the offense of failure to insure if he fails to provide the insurance or security bond required by Subsection 3-9-2D of this chapter or fails to provide the vehicle insurance required by the state of Illinois.

H. Improper Vehicle Use: It is illegal for and a person commits the offense of improper vehicle use if he violates provision of the Illinois motor vehicle code or any other applicable portion of the codes or ordinances of any jurisdiction.

I. Overloading Vehicle: It is illegal for and a person commits the offense of overloading a vehicle if he carries more passengers than the seating capacity of the taxicab was obviously designed to carry.

J. Penalty: It is illegal for any person to commit any offense enumerated in this chapter, or to otherwise violate the provisions of this chapter, and instead of or in addition to having one's certificate or driver's permit suspended or revoked a person may be fined not less than $10 nor more than $750 for each offense. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.

§ 3-9-7 Enforcement Responsibilities And Procedures.

[Ord. 02-12-04-20, 12-16-2002]

A. Service Of Notice On Individuals: Except as otherwise expressly provided, service of any notice required in this chapter upon an individual shall be made:

1. By leaving a copy thereof with person personally; or

2. By leaving a copy at his home or usual place of work, with some person of the age of 10 years or upwards, and informing that person of the contents thereof, provided the officer or other person making service shall also send a copy of the notice in a sealed envelope with postage fully prepaid, addressed to the person at his usual place of abode.

The certificate of the officer or affidavit of the person that he has sent the copy in pursuance of this section is sufficient to prove that he has done so.

B. Service On Partnership Or Corporation: Any corporation or partnership required to be given any notice under this chapter may be served by serving notice on any director, officer or partner thereof in the manner provided in Subsection A of this section.

C. Appeal: Any person aggrieved by a determination or action of the City Administrator under the provisions of this chapter, may appeal to the City Council by giving written notice of intent to appeal to the City Clerk or the Mayor of the City of Le Roy not later than 12:00 noon on the Wednesday preceding the next regularly scheduled City Council meeting.

D. Enforcement: In enforcing this chapter the police department of the City of Le Roy upon discovering a violation of the provisions of this chapter, shall take appropriate action to enforce the law and shall report the same to the City Administrator who may take appropriate action with respect thereto.

§ 3-9-8 Supplemental Regulations.

[Ord. 02-12-04-20, 12-16-2002]

The City Administrator is hereby given the authority to promulgate such rules and regulations not inconsistent with this chapter as he shall find necessary to effectuate the purpose and intent of this chapter.