[Adopted 1-16-2024 by Ord. No. 7999]
A.
The transportation by passenger bus of large numbers of passengers
into Crystal Lake presents potential hazards to such passengers and
undue strain on public resources unless appropriate arrangements are
made in advance by such passenger buses with the City.
B.
In order to protect the health, safety, and welfare of passengers
and to ensure that the City has adequate resources and means to accommodate
such passengers, it is necessary and desirable to require passenger
buses to pay a tax to the City and obtain a license from the City
in advance of any stop within the City as provided in this article.
For purposes of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. The singular or plural is included in any circumstances:
A driver, owner, and any person filing a license application
with the City with respect to a passenger bus.
Has the meaning set forth in 625 ILCS 5/1-107.
A bus that transports the same set of passengers to and from
the City. Charter buses shall not include buses that only transport
passengers to the City.
The City of Crystal Lake and any of its officers, officials,
employees, or duly authorized agents or contractors.
Either: i) the Crystal Lake City Hall, 100 West Woodstock
Street, Crystal Lake IL 60014; or ii) such other location approved
by the City. The designated dropoff location shall be specified in
any license.
The individual operating a bus within Crystal Lake.
A license issued in writing by the City pursuant to this
article for purposes of operating a passenger bus within Crystal Lake.
A form to be obtained from the City for seeking a City license
as a passenger bus operating within the City, as well as all information
that may be required pursuant to such form.
The fee for receiving a license pursuant to § 467-91 of this article.
Any person that owns a bus or has caused such bus to travel
to Crystal Lake with passengers.
Any individual who is transported by bus and disembarks within
Crystal Lake.
A bus that transports any passenger into Crystal Lake that
is not a charter bus, a school bus, a shuttle bus, or a transit bus.
The tax imposed in accordance with § 467-91 on a passenger bus receiving a license pursuant to this article.
A full and complete list identifying the name, sex, and age
of each passenger to be transported on a passenger bus seeking a license
from the City; provided, however, that any passenger to be transported
in such passenger bus but who will not be disembarking within the
City may be so designated on the passenger list.
A bus that transports passengers within Crystal Lake to or
from a school where such passengers are students at such school or
are authorized participants in an event occurring at such school.
A bus that transports passengers to and from locations either
within Crystal Lake or within five miles of the corporate limits of
the City.
A bus operated by or for an Illinois unit of local government.
Any charter bus operating within the City must maintain a list
of its passengers that shall be available for inspection by the City
upon request. The list of passengers arriving and leaving Crystal
Lake on a charter bus must be the same individuals; provided, however,
that not more than 10% of the passengers arriving or departing Crystal
Lake may be different individuals. The failure of a driver of a bus
claiming to be a charter bus to maintain the list of passengers as
herein required shall cause such bus to be deemed a passenger bus
and thereby be subject to all requirements applicable to a passenger
bus under this article.
A.
Any person seeking to operate a passenger bus within Crystal Lake
shall be required to complete a license application and submit such
completed license application to the City Manager or the Manager's
designee. The license application shall be accompanied by a nonrefundable
license application fee in the amount of $350.
B.
Upon delivery of a completed license application to the City, the City shall review it for compliance with the requirements of this article. If a license application is approved, the City shall issue the license to the applicant upon applicant's payment in full of the license fee and passenger bus tax as established in § 467-91. If a license application is denied, the City shall notify the applicant in writing regarding the reason for such denial.
C.
Any applicant for a license whose license application is denied shall
be allowed to file a new license application upon payment of an additional
nonrefundable license application fee in the amount of $350.
D.
A license shall be valid only for a single disembarkation of passengers
and only on the date, at the time, and in the location set forth in
the license. No passenger bus shall be permitted to disembark passengers
sooner than 15 minutes before, and no later than 30 minutes after,
the approved time set forth in the license, otherwise the license
shall be deemed invalid.
E.
Any passenger bus that allows a passenger to disembark within the
City without first submitting a license application as required by
this section shall be deemed to have violated this section.
A license application shall be reviewed for compliance with
the terms and conditions of this article.
A.
The applicant shall identify the specific vehicle to be operated
as a passenger bus, including satisfactory evidence that such passenger
bus is properly registered and licensed by a state of the United States.
B.
The applicant shall identify the driver and owner of the passenger
bus. In addition, the license application shall include a copy of
the driver's motor vehicle operator license establishing that
the driver is properly licensed and authorized to operate the passenger
bus in question.
C.
As part of a license application, the applicant shall identify the
proposed date and time that the passenger bus will be operating within
Crystal Lake, as well as the proposed location at which passengers
will disembark from the passenger bus. The license application must
be delivered not less than seven business days before the date that
such passenger bus proposes to operate within the City.
D.
Not more than one license shall be issued per day for a passenger
bus. In the event that more than one license application has been
submitted for the same date, the license applications shall be processed
on a first-come, first-served basis, and the license will be issued
to the earliest filed qualifying license application.
E.
The license application shall include a complete passenger list of
the persons to be transported by the passenger bus pursuant to a license.
F.
The applicant shall sign the license application before a notary
public or other person authorized to administer oaths and, as part
of such license application, the applicant must agree to indemnify,
defend, and hold harmless the City and its elected and appointed officers,
officials, employees, agents, attorneys, and representatives (the
"City Indemnitees") from and against any and all claims, lawsuits,
actions, awards, judgments, or other liabilities that may be asserted
at any time against any City Indemnitee in connection with the issuance
or denial of a license or any action of any passenger bus taken in
accordance with a license issued by the City.
G.
The applicant must reasonably demonstrate that all requirements of
this article have been (or will be) satisfied.
H.
The applicant may not have any outstanding fines or penalties due
to the City.
I.
The applicant shall be required to pay all application Fees, license
Fees, and taxes due under this article prior to the issuance of a
license.
J.
A license application containing a false or misleading statement
shall be deemed to be in violation of this section for each such false
or misleading statement.
K.
Each passenger bus shall submit proof of current insurance for the
following coverages in the following amounts and meeting the following
requirements:
(1)
General liability. Commercial general liability insurance (including
contractual liability arising from the application) in the minimum
amounts of: a) $3,000,000 per occurrence for bodily injury or death
to each person; b) $3,000,000 per occurrence for property damage;
and c) $3,000,000 per occurrence for all other types of liability.
All such coverages shall also have a general aggregate of not less
than $6,000,000.
(2)
Worker's compensation. Worker's compensation insurance
within the statutory limits and employer's liability Insurance
with not less than $1,000,000 coverage.
(3)
Vehicle liability. Vehicle liability coverage in the minimum amount
of $5,000,000 combined single limit bodily injury and property damage
with a $15,000,000 aggregate, unless higher coverage limits are required
by the State of Illinois or the state in which the passenger bus is
registered. Coverage should include any auto, including owned, non-owned,
hired or rented vehicles.
(4)
Form of insurance. The coverage requirements in § 467-89K(1) through (3) may be satisfied with a combination of primary and umbrella policies, subject to the reasonable approval of the City Manager.
(5)
Evidence of insurance policies. The applicant shall furnish proof
to the City Manager that the foregoing insurance policies have been
obtained, along with: i) reasonably satisfactory evidence that the
required premiums have been paid; and ii) a certificate of insurance
providing that the City and all elected and appointed officers, officials,
employees, agents, attorneys, and representatives of the City shall
be covered by such policies on a primary and non-contributor basis
evidenced by original policy endorsements CG 20 10 or CG 20 26 and
CG 20 37 and CG 20 01 or their equivalent.
(6)
Notice to the city. Each insurance policy shall contain the following
endorsement:
"It is hereby understood and agreed that this policy may not
be canceled or otherwise terminated until 30 days after receipt by
the City by registered mail, of a written notice addressed to the
City Manager of such intent to cancel or impending termination."
Within 30 days after receipt by the City of this notice and
prior to said cancellation or termination, the applicant shall obtain
and furnish to the City replacement insurance policies in form and
substance that satisfy the requirements of this article and are otherwise
acceptable to the City Attorney.
A.
A passenger bus shall not allow the disembarkation of any passenger
without a valid license issued by the City. Each passenger that so
disembarks from a passenger bus shall be deemed a separate violation
of this provision by the passenger bus and its driver.
B.
A passenger bus with a valid license issued by the City shall not
allow the disembarkation of any passenger except during the times
and in the location expressly approved in a license for such passenger
bus. In no event may a passenger bus stop, park, or allow the disembarkation
of any passenger except:
(1)
During the hours of 10:00 a.m. and 3:30 p.m., Monday through Friday
(but excluding any designated federal, state or City legal holiday);
and
(2)
At the designated dropoff location.
Notwithstanding the foregoing and notwithstanding any authorization
set forth in a license, a passenger bus shall not stop, park, or allow
the disembarkation of any passenger when: a) the temperature in the
City exceeds 90° F; b) the temperature in the City is less than
25° F; c) the official wind-chill effect in the City is less than
25° F; or d) any severe weather or air quality alert applicable
in the City has been issued by the National Weather Service or other
authorized governmental agency. Each passenger that disembarks from
a passenger bus in a manner not authorized by this provision shall
be deemed a separate violation of this provision by the passenger
bus and its driver.
C.
No passenger bus shall transport any passenger under 18 years of
age without the express written consent of such passenger's parent
or guardian given under oath; provided, however, that a passenger
bus may transport a passenger under 18 years of age if such passenger
is accompanied by a parent or guardian.
D.
No passenger bus shall transport a passenger who is not identified
on the passenger list provided as part of the license application,
unless such passenger shall be remaining on the passenger bus following
its departure from Crystal Lake.
E.
The driver of a passenger bus shall carry a physical or electronic
copy of the license issued by the City and the passenger list while
traveling in Crystal Lake and shall present them to City representatives
upon request.
F.
No passenger bus shall stop or park in the City except during the
period authorized in a valid license issued by the City or as otherwise
required by law.
A.
Any applicant who qualifies for a license under this article shall
be required to pay a nonrefundable license Fee in the amount of $1,000
prior to the issuance of a license.
B.
Any applicant who qualifies for a license under this article shall
be required to pay a nonrefundable passenger bus tax in the amount
of $1,000 for each passenger on the passenger list prior to the issuance
of a license; provided, however, that no such tax shall be imposed
for any such passengers that are identified on the passenger list
as not disembarking in Crystal Lake.
C.
Notwithstanding the provisions of § 467-91B:
(1)
The applicant shall pay a passenger bus tax in the amount of $5,000
for each passenger that disembarks in Crystal Lake but is not identified
on the passenger list.
(2)
The driver and owner shall be jointly and severally required to pay
a passenger bus tax in the amount of $7,500 for each passenger that
disembarks in Crystal Lake when such passenger bus has not secured
a license in accordance with this article.
Any passenger bus tax imposed pursuant to this § 467-91C shall be paid before the passenger bus departs from the designated dropoff location (or, in the event that no license had been secured, at the dropoff location). Failure to pay such tax shall be a violation of this section.
D.
The passenger bus tax moneys received pursuant to § 467-91B and C shall be separately accounted for in a "Passenger Support Fund," and the City shall expend moneys from such Passenger Support Fund only for the purpose of defraying costs of regulating passenger buses or otherwise relating to the accommodation of passengers from passenger buses (including transfers to other governmental agencies or service organizations engaged in servicing the needs of passengers from passenger buses).
A.
Each violation of a provision of this article shall be subject to
a fine of not less than $500 nor more than $750 for each violation.
B.
Each day during which a violation continues shall be deemed a separate
violation.
C.
Whenever a passenger bus violates any provision of this article,
the owner and driver of the passenger bus shall be jointly and severally
liable for any fines herein imposed.
D.
For any passenger bus in violation of any provisions of this article,
the passenger bus shall be required to pay all fees and taxes due
pursuant to this article prior to leaving Crystal Lake; provided,
however, that the owner or driver may post a surety bond or other
good and adequate security in form and substance acceptable to the
City and in the amount of such fees and taxes prior to leaving Crystal
Lake.
E.
Any passenger bus located overnight on any City street or City property
shall be subject to towing and impoundment in accordance with this
City Code.
