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O-91-55ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION Published in pamphlet form this 16th day of December , 1991 by the President and Board of Trustees of Deerfield. ORDINANCE NO. 0 -91- 55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION WHEREAS, the municipality, has as granted by the WHEREAS, the into intergovernmi ch. 127, par. 741 Village of Deerfield, as a home rule the authority to exercise all home rule powers Illinois Constitution of 1970; Village of Deerfield is authorized to enter ental agreements pursuant to Ill. Rev. Stat., et sea.; WHEREAS, the Village of Deerfield believes it is in the best interest of the Village to participate in the Public Passenger Vehicle- Inspection /License Group with certain other Illinois municipalities; WHEREAS, the Public Passenger Vehicle- Inspection /License Group has prepared uniform procedures for the licensing and regulation of taxicabs and liveries; WHEREAS, the Village of Deerfield believes the health, safety and welfare of the Village is better served by implementing these uniform procedures. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That Chapter 18 of the Municipal Code of the ONE: Village of Deerfield of 1975, as amended, be and is hereby further amended by deleting said Chapter 18 in its entirety and substituting therefore the following Chapter 18 entitled "Public Transportation ": "Chapter 18. Public Transportation. ARTICLE 1. IN GENERAL. §18 -1. Definitions. §18 -2. Enforcement. ARTICLE 2. CERTIFICATES, LICENSING AND INSPECTION. Division 1. Taxicab Company Certificate of Public Convenience and Necessity. §18 -3 Taxicab Company Certificate of Public Convenience and Necessity. ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION §18 -4 Application. §18 -5 Public Hearing on Taxicab Company Certificate of Public Convenience and Necessity Application. §18 -6 Issuance or Denial of Taxicab Company Certificate of Public Convenience and Necessity. §18 -7 Insurance Required. Division 2. Public Passenger Vehicle Licenses. §18 -8 Public Passenger Vehicle License Required. §18 -9 Public Passenger Vehicle License Application. §18 -10 Issuance, Display and Registration of Public Passenger Vehicle License. §18 -11 Public Passenger Vehicle License Term and Fees. §18 -12 Public Passenger Vehicle License Non - Transferable. Division 3. Inspection. §18 -13 Public Passenger Vehicle Inspection. §18 -14 Inspection Stations. §18 -15 Suspension of Public Passenger Vehicle Licenses and Appeal Procedures. Division 4. Taxicab Identification. §18 -16 Designation of Taxicabs. Division 5. Chauffeur License. §18 -17 Chauffeur License Required. §18 -18 Unlawful to Employ Unlicensed Driver. §18 -19 Chauffeur License Application. §18 -20 Applicant Qualifications. §18 -21 Investigation. §18 -22 Issuance and Display of Chauffeur License. §18 -23 Chauffeur License Term and Fee. §18 -24 Chauffeur License Non - Transferrable. §18 -25 Suspension or Revocation of Chauffeur License and Appeal Procedure. ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION Division 6. Schedules of Fees. §18 -26 License Fees. ARTICLE 3. SERVICE AND FARES. Division 1. Passengers. §18 -27 Public Passenger Service. §18 -28 Regular Telephone Service Required. §18 -29 Soliciting. §18 -30 Pubic Passenger Vehicles Licensed Elsewhere. §18 -31 Livery Vehicle Operation. §18 -32 Number of Passengers. §18 -33 Additional Passengers After Engagement. Division 2. Fares. §18 -34 Schedule of Established Rates of Fare and Charges. §18 -35 Posting Established Rates and Charges. §18 -36 Receipt of Fare to be Furnished to Passengers. §18 -37 Refusal of Passengers to Pay Legal Fare; Fraud. §18 -38 Taximeters. §18 -39 Fixing of Rates Prohibited. §18 -40 Penalty. ARTICLE 4. RECIPROCAL PUBLIC PASSENGER VEHICLE AGREEMENTS. §18 -41 Reciprocal Public Passenger Vehicle Licensing Agreement. §18 -42 Inspection of Reciprocally Licensed Public Passenger Vehicles and Examination of Drivers. §18 -43 Revision of Reciprocal Public Passenger Vehicle Agreement. ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION ARTICLE 1. IN GENERAL. Sec. 18.1. DEFINITIONS. As used in this Chapter: (a) Chauffeur means a person who is the driver of a public passenger vehicle licensed by the Village as a public chauffeur. (b) Inspection Station means any official State of Illinois testing station, or other facility designated by the Chief of Police to conduct inspections of public passenger vehicles. (c) Livery Vehicle means a public passenger vehicle for hire only at a charge or fare for each passenger per trip or for each vehicle trip fixed by agreement in advance. (d) Public Passenger Vehicle means a motor vehicle, as defined in the Motor Vehicle Law of the State of Illinois, which is used for the transportation of passengers for hire; excepting those devoted exclusively for funeral use or in operation of a metropolitan transit authority or public utility under the laws of the State of Illinois. (e) Public Passenger Vehicle Owner means any person owning, or leasing from another, a public passenger vehicle. (f) Rate Card means a card-issued by the Village of Deerfield for display in each taxicab which contains the rates of fare then in force. (g) Taxicab means any licensed public passenger vehicle equipped with a taximeter and operated for the transportation of passengers for hire. (h) Taxicab Company means any person, firm or corporation engaged in the business of operating one or more taxicabs for the transportation of passengers for hire. (i) Taximeter means any mechanical or electronic device attached to a taxicab which records and displays ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION a charge or fare in dollars and cents measured by distance travelled and waiting time. (j) Waiting Time means the time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. (k) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway except devices moved by human power or used exclusively upon stationary rails or tracks. Sec. 18 -2. ENFORCEMENT. The Village Manager and the Village of Deerfield Police Department shall enforce the provisions of this Chapter. ARTICLE 2. CERTIFICATES, LICENSING AND INSPECTION. Division 1. TAXICAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. Sec. 18 -3. TAXICAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. No person, firm or corporation shall engage in the business of a taxicab company, as defined in Article 1 of this Chapter, within the corporate limits of the Village; except in compliance with provisions of this Chapter. It shall be unlawful to engage in the business of a taxicab company unless such person has applied for and obtained a certificate of public convenience and necessity. Sec. 18 -4._ APPLICATION. A written application, verified under oath, for a taxicab company certificate of public convenience and necessity shall be filed with the Village Manager. An application for a taxicab company certificate of public convenience and necessity shall include the following: ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION (a) The citizenship of the applicant; if a natural person, the place of the applicant's birth, or if a naturalized citizen, the time and place of naturalization. (b) In the case of a corporation for profit, or a club; the date of incorporation, the objects for which it was organized, names and residence addresses of shareholders, and the percentage of ownership of each. (c) Applicant's previous residences for past five years. (d) Applicant's previous employment history. (e) Applicant's experience in the transportation of passengers for hire. (f) Applicant's current financial status, including any unpaid judgments and pertinent information relative to any such judgments. (g) Applicant's outstanding obligations, fees or fines with the Village of Deerfield. (h) Any previous convictions of felony and /or traffic violations. (i) The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals. (j) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant pursuant to the requirements of Section 18 -19 of this Chapter. (k) Such other information may be required by the Village Manager. Sec. 18 -5. PUBLIC HEARING ON TAXICAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION. (a) Upon the filing of an application, the Village Manager shall submit same to the Board of ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION Trustees and the Board of Trustees shall fix a time and place for a public hearing thereon. (b) Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. (c) Due notice shall also be given the general public by posting a notice of such hearing in the Village Hall. (d) Any interested person may file with the Village Manager a memorandum in support of or opposition to the issuance of a certificate. Sec. 18 -6. ISSUANCE OR DENIAL OF TAXICAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. (a) If the Board of Trustees finds that further taxicab service in the Village is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this Chapter, then the Board of Trustees shall direct the Village Manager, upon compliance by applicant with the provisions of this Chapter, to issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied. (b) If the Board of Trustees finds from the investigation and hearing that the public convenience and necessity justify the issuance of a certificate, it shall notify the applicant of its finding and within sixty (60) days thereafter, the applicant shall comply with the further provisions of this Chapter for the issuance of licenses for the vehicles to be operated. (c) If the Board of Trustees finds from such investigation and hearing that the public convenience and necessity do not justify the issuance of a certificate, it shall forthwith notify the applicant of such finding. ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION Sec. 18 -7. INSURANCE REQUIRED. (a) No certificate of public convenience and necessity shall be issued or renewed unless the applicant has produced and has filed with the Village Clerk the following: (1) A certificate from the Secretary of State showing compliance with the owner for each public passenger vehicle with the provisions of the Illinois Revised Statutes now or hereafter relating to the bonding or insurance of motor vehicles for carriage of passengers for hire. (2) A policy of insurance or certificate of insurance issued by an insurance company authorized to do business in the State of Illinois in the amount of not less than: one - hundred thousand dollars ($100,000.00) for bodily injury to any person; three - hundred thousand dollars ($300,000.00) for injuries to more than one person which are sustained in the same accident and fifty thousand dollars ($50,000.00) for property damage resulting from any one accident. Said policy or certificate shall be in full force and effect at the time of license issuance and shall provide that the coverage may not be cancelled or materially changed without thirty (30) days prior written notice to the Village Manager. (b) If any insurance is cancelled or permitted to lapse for any reason, the Village Manager shall suspend the licenses for the public passenger vehicle affected for a period 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 Manager shall revoke the certificate of public convenience and necessity and /or the licenses for such public passenger vehicles. ORDINANCE NO. 0 -91 =55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO.PUBLIC TRANSPORTATION Division 2. PUBLIC PASSENGER VEHICLE LICENSE. Sec. 18 -8. PUBLIC PASSENGER VEHICLE LICENSE REQUIRED. It shall be unlawful to operate a public passenger vehicle, as defined in Article 1 of this Chapter, for hire within the corporate limits of the Village of Deerfield unless said vehicle is licensed and operated in accordance with the provisions of this Chapter. Sec. 18 -9. PUBLIC PASSENGER VEHICLE LICENSE APPLICATION. Application for a public passenger vehicle license shall be made upon a form provided by the Village. Said application shall be filed with the Village Manager and shall contain the following: (a) The owner's full name, residence address, residence phone number, business address, business phone number, for each individual applicant, partner, general partner of a limited partnership, and principal officers of a corporation. (b) A complete description of the vehicle including the make, model, year, seating capacity, vehicle identification number, manufacturer's identification number, state license number, vehicle engine horsepower; and color, color scheme, and /or insignia of the vehicle in accordance with the requirements of Section 18 -16 of this Chapter. (c) Evidence of liability insurance coverage as required by Section 18 -7 of this Chapter. Sec. 18 -10. ISSUANCE, DISPLAY AND REGISTRATION OF PUBLIC PASSENGER VEHICLE LICENSE. (a) Subject to the fulfillment of the terms and provisions of this Chapter, including passing the vehicle inspection as required by Section 18 -131 the Village Manager is hereby authorized to issue the public vehicle license to the applicant. (b) The Village Manager shall assign to the public passenger vehicle a public passenger vehicle ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION license decal which shall be affixed to the certified inspection plate. Such inspection plate shall be visibly displayed on the left side of the rear bumper of the public passenger vehicle. (c) It shall be the duty of the Village Manager to keep a register of the names of persons to whom licenses are granted, the date of issuance, the number of the license and the description of the vehicle licensed. Sec. 18 -11. PUBLIC PASSENGER VEHICLE LICENSE TERM AND FEE. A public passenger vehicle license issued pursuant to the provisions of this Chapter shall expire on December 31 following such issuance, unless such license is suspended or revoked. Sec. 18 -12. 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 granted to the licensee pursuant to this Chapter. Division 3. INSPECTION Sec. 18 -13. PUBLIC PASSENGER VEHICLE INSPECTION. (a) All public passenger vehicles shall be inspected at least three (3) times during the year as ordered by the Chief of Police. (b) Any public passenger vehicle company or owner, after being notified to submit all their public passenger vehicles for inspection, will be allowed seven (7) days after the date designated by the Chief of Police to have their vehicles inspected. After seven (7) days, the license of each public passenger vehicle not inspected will be suspended by the direction of the Village Manager. ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION (c) Such public passenger vehicle inspections shall be conducted at an authorized inspection station, as designated by the Chief of Police, and shall include, but not be limited to, the verification of testing of the following under the criteria and procedures set forth by the Chief of Police: (1) identification (2) (3) number and yea: (4) Vehicle make, model year and vehicle number. State license number and year. Village public passenger vehicle license C. Company name. (5) Vehicle color scheme and insignia. (6) Front and rear brakes. (7) Emergency brake. (8) Horn. (9) Rearview mirror. (10) Windshield wipers and washers. (11) Headlights. (12) Taillights (13) Brake lights. (14) Turn signals. (15) Speedometer. (16) Taximeter. (17) (18) (19) (20) (21) (22) (23) (24) Rates of fare displayed. Steering. Interior condition. Exterior condition. Windows. Tires. Exhaust system. Current bond sticker. Items (5), (16) and (17) enumerated above shall not be applicable to a livery vehicle as defined in this chapter. (d) If any public passenger vehicle fails to pass inspection as required in this Section 18 -13, a period of five (5) working days will be allowed to complete the required repairs. The vehicle cannot be used as a public passenger vehicle for hire until repairs have been completed and it passes reinspection. If repairs are not completed, and the public passenger vehicle does not pass reinspection within the five (5) working day period, its public passenger vehicle license will be suspended by direction of the Village Manager. (e) Subject to rules and regulations of the Board of Trustees, no person owning or operating a public ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION passenger vehicle shall permit advertising matter to be affixed to the exterior of such public passenger vehicles. Sec. 18 -14. 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 Article, which stations may be within or outside the Village of Deerfield. The Chief of Police shall establish procedures for conducting the inspections and minimum standards in order that a vehicle be approved. He shall supply inspection stations with certified inspection forms, numbered certified vehicle inspections tickets and such other supplies as may be required by this Chapter. (b) A list of authorized inspection stations shall be kept by the Chief of Police and shall be given to each public passenger vehicle owner together with the notice that vehicles must be inspected. 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) work 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 Article or .the regulations established by the Chief of Police shall be cause for suspension or revocation of the designation as an authorized inspection station. ORDINANCE NO. 0-91-55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION Sec. 18 -15. SUSPENSION OF PUBLIC PASSENGER LICENSES AND APPEAL PROCEDURES. (a) If, after the inspection and approval of any public passenger vehicle, as provided for in this Chapter, such public passenger vehicle shall from 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 Article. (b) The licensee shall have eight (8) calendar days following the date of notice of the suspension to request a hearing before the Village Manager. If no such request for hearing is received within eight (8) calendar days, the Village Manager's suspension shall be final. (c) The licensee shall have the right to be represented at such hearing by counsel. (d) At the conclusion of the hearing, the Village Manager shall issue his decision to affirm or reverse the suspension and shall mail a copy of the decision to the licensee within two (2) working days following the conclusion of the hearing. Division 4. TAXICAB IDENTIFICATION Sec.-18 -16. DESIGNATION OF TAXICABS. (a) Every licensed taxicab shall bear on both sides of the vehicle the name of the taxicab company, its telephone number, and an insignia or logo approved by the Chief of Police. Such vehicle identification shall be in contrast to the color of the vehicle and in lettering no less than two inches (2 ") in height and no greater than five inches (5 ") in height. (b) Each taxicab shall bear on both exterior sides of the vehicle, in arabic numerals, the identification number assigned to such vehicle by the taxicab company in lettering no less than three inches ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION (3 ") in height and no greater than five inches (5 ") in height. The taxicab identification number shall also be conspicuously located within the passenger compartment of said vehicle in lettering no less than four inches (4 ") in height and no greater than five inches (5 ") in height. (c) No taxicab licensed under this Chapter, shall have a color scheme, identifying design, logo, monogram and /or insignia that, in the opinion of the Chief of Police, imitates or is similar to color scheme, identifying design, logo, monogram and /or insignia of any other licensed taxicab company or municipal vehicle of the Village of Deerfield. Division 5. CHAUFFEUR LICENSE. Sec. 18 -17. CHAUFFEUR LICENSE REQUIRED. If shall be unlawful for any person to operate any public passenger vehicle for hire within the Village, unless the driver of said public passenger vehicle shall have first obtained and have in full force and effect a valid chauffeur license issued under the provisions of this Article. Sec. 18 -18. UNLAWFUL TO EMPLOY UNLICENSED DRIVER. No person owning, controlling or operating any public passenger vehicle for hire within the Village, shall employ or permit any person other than a chauffeur licensed under provisions of this Chapter to operate such vehicle upon the public ways in the corporate limits of the Village. Failure to comply with the requirements of this Section shall be grounds for the suspension and /or revocation of all license privileges granted to the public passenger vehicle owner pursuant to this Chapter. Sec. 18 -19. ;CHAUFFEUR LICENSE APPLICATION. (a) An application for a chauffeur license shall be filed with the Village Manager or his designate on the form provided. (b) Such application shall include the following information: ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION (1) Applicant's full name, residence address and date of birth. (2) Applicant's employment history and experience in the transportation of passengers for hire. (3) Current status of applicant's Illinois driver's license and number as given by the Illinois Secretary of State. (4) Whether the applicant's State driver's license has ever been suspended or revoked and if so, when and for what cause. (5) A list of all convictions, if any, for violation of Federal, State or municipal laws. (6) Two personal references, unrelated to the applicant. Sec. 18 -20. APPLICANT QUALIFICATIONS. (a) Every applicant for a public passenger vehicle chauffeur's license shall be no less than eighteen (18) years of age. (b) 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 of Deerfield. Such certificate sets forth the opinion of the examining physician that the applicant is physically able to engage in the operation of public passenger vehicles without damage to the public. (c) The applicant must not have been convicted of any felony or Class A misdemeanor within the past five (5) years. (d) The applicant must be the holder of a valid State of Illinois Driver's License. (e) 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. ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION (f) The applicant must be able to read, write and speak the English language. Sec. 18 -21. INVESTIGATION. Upon receipt of a completed application form, the Village Manager shall make or cause to be made a careful and diligent investigation, including fingerprinting the 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. Sec. 18 -22. ISSUANCE AND DISPLAY OF CHAUFFEUR LICENSE. (a) If the Village Manager shall be satisfied that the applicant satisfies the requirements set forth in Section 18 -20 of this Article, and is a fit person to be licensed, such application shall be approved and the license issued; if not so satisfied, the Village Manager shall refuse to issue such license and shall notify the applicant. The applicant shall have the right to a hearing and appeal in accordance with the procedures established by the Village Manager. (b) The chauffeur license shall be displayed at all times in the public passenger vehicle in plain view of the passenger. Sec. 18 -23. CHAUFFEUR LICENSE TERM AND FEE. A chauffeur license issued pursuant to the provisions of this Article shall expire on December 31 following such issuance. A chauffeur license may be renewed for successive calendar years upon continuing satisfaction of the standards for issuance as set forth in Section 18 -20 of this Article. Sec. 18 -24. CHAUFFEUR LICENSE NON- TRANSFERABLE. It shall be unlawful to transfer any public passenger vehicle chauffeur license from one person to another. Transference of such license shall be grounds for revocation. ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION Sec. 18 -25. SUSPENSION OR REVOCATION OF CHAUFFEUR LICENSE AND APPEAL PROCEDURE. (a) The Village Manager, at his discretion, may suspend, for a period not to exceed thirty (30) days, or revoke a public passenger vehicle chauffeur license, for any failure or refusal to comply with provisions of this Article; for any violation of Federal, State or municipal law; upon a determination that said license was obtained fraudulently; for excessive rudeness or abuse of passengers; 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. (b) The licensee shall have eight (8) calendar days following the date of notice of the suspension or revocation to the request a hearing before the Village Manager. If no such request for hearing is received within eight (8) calendar days, the Village Manager's suspension or revocation shall be final. (c) The licensee shall have the right to be represented at such hearing by counsel. (d) At the conclusion of the hearing, the Village Manager shall issue his decision to affirm or reverse the suspension or revocation and shall mail a copy of the decision to the licensee within two (2) working days following the conclusion of the hearing. Division 6. SCHEDULE OF FEES. Sec. 18 -26. LICENSE FEES. (a) There shall be no fee for a certificate of public convenience and necessity. (b) The annual fee for a public passenger vehicle license issued under this Chapter shall be forty dollars ($40.00). (c) The annual fee for a Chauffeur License issued under this Chapter shall be five dollars ($5.00). ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION ARTICLE 3. SERVICE AND FARES. Division 1. PASSENGERS. Sec. 18 -27. PUBLIC PASSENGER SERVICE. (a) All persons engaged in the public passenger vehicle business in the Village of Deerfield operating under the provisions of this Chapter shall operate every public passenger vehicle regularly in the municipality to the extent reasonably necessary to meet the public demands for passenger service. They shall answer all calls received by them for service inside the corporate limits of the municipality 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 municipality at any time when such licensee has available vehicles, or who shall fail or refuse to give overall service, shall be deemed in violation of this Chapter and said license may be subject to suspension or revocation. Sec. 18 -28. REGULAR TELEPHONE SERVICE REQUIRED. Every holder of a taxicab company license or livery vehicle license shall have and keep in service at all time, while his license is in effect, regular telephone service within the municipality, by means of which a person desiring to rent a public passenger vehicle may call the licensee by calling the licensee's telephone exchange number. The licensee shall cause the telephone number to be listed in the local telephone directory which is published in and for the municipality by the telephone company which furnishes local telephone service in the municipality. Sec. 18 -29. SOLICITING. No driver employment by vehicle to and hotel, railway the proper and such place. of a public passenger vehicle shall seek repeatedly or persistently driving his fro in a short space before any theater, station or by otherwise interfering with orderly access to or egress from any ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION Sec. 18 -30. PUBLIC PASSENGER VEHICLES LICENSED ELSEWHERE. Notwithstanding anything to the contrary contained in this Article, a public passenger vehicle licensed by another municipality may discharge but shall not solicit nor accept passengers within the Village. Sec. 18 -31. LIVERY VEHICLE OPERATION. (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 for 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 the customer to the livery company. Sec. 18 -32. NUMBER OF PASSENGERS. No driver or operator of a public passenger vehicle shall carry more than the rated passenger load per vehicle. Sec. 18 -33. 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. Division 2. FARES. Sec. 18 -34. SCHEDULE OF ESTABLISHED RATES OF FARE AND CHARGES. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with the following rates: ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION (a) $ 1.20 flag or demand charge for the first 1/7 mile; (b) $ .20 for each additional 1/7 mile or fraction thereof; (c) $ .50 for each additional passenger to the same destination, excluding children under twelve (12) years of age when accompanied by an adult; and (d) $18.50 for each hour of waiting time; such waiting time shall begin five (5) minutes after arrival at the place to which the taxicab has been called. (e) $ 5.00 minimum charge for orders between eight o'clock (8:00) P.M. and six o'clock (6:00) A.M. (f) The charge displayed on the meter shall include both the established mileage rate and the waiting time in one total figure. Sec. 18 -35. POSTING ESTABLISHED RATES AND CHARGES. There shall be affixed on the inside of each taxicab in a place conspicuous to any person riding in such taxicab, in a frame covered by glass or other transparent materials a rate card issued by the Village, upon which card shall be printed in plain, legible type the rates of fare as prescribed in Section 18 -34. Sec. 18 -36. RECEIPT OF FARE TO BE FURNISHED TO PASSENGERS. The driver of any taxicab shall upon demand by the passenger render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or motor number, amount of meter reading or charges and date of transaction. ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION Sec. 18 -37. REFUSAL OF PASSENGERS TO PAY LEGAL FARE; FRAUD. (a) No person shall refuse to pay the legal fare of any of the vehicles established in this Chapter after having hired the same. (b) No person shall hire any public passenger vehicle with intent to defraud the person, from whom it is hired of the value of such service. Sec. 18 -38. TAXIMETERS. (a) Accuracy. No taxicabs 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. Taximeter shall be equipped with a flag at least three inches by two inches in size, either painted red or bearing 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 or 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. Sec. 18 -39. FIXING OF RATES PROHIBITED. It shall be unlawful for any person, firm, or corporation licensed under the provisions of this ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION Chapter to conspire among themselves or with other persons to fix or 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. Sec. 18 -40. PENALTY. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed $500 or shall be imprisoned in the Village or County Jail for a period of time not to exceed ten days, or both fined and imprisoned. ARTICLE 4. RECIPROCAL PUBLIC PASSENGER VEHICLE AGREEMENTS. Sec. 18 -41. RECIPROCAL PUBLIC PASSENGER VEHICLE LICENSING AGREEMENT. The Village may, from time to time, enter into a reciprocal licensing agreement with other municipalities in order to eliminate duplication of public passenger vehicle and public passenger vehicle driver licensing and inspection. In the event that a reciprocal public passenger vehicle licensing agreement exists between the Village of Deerfield and another municipality served by the same public passenger vehicle company and in order to operate within the Village of Deerfield, the public passenger vehicle company shall comply with the provisions of this Chapter. Sec. 18 -42. INSPECTION OF RECIPROCALLY LICENSED PUBLIC PASSENGER VEHICLES AND EXAMINATION OF DRIVERS. The Village of Deerfield shall permit the operation of public passenger vehicles within the Village which have been licensed by a municipality with whom the Village has a reciprocal licensing agreement, and the Village shall permit the operation of public ORDINANCE NO. 0 -91 -55 AN ORDINANCE AMENDING CHAPTER 18 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 PERTAINING TO PUBLIC TRANSPORTATION passenger vehicles within the Village by drivers possessing a valid public passenger vehicle driver's license issued by a municipality with whom the Village has a reciprocal licensing agreement. Sec. 18 -43. REVISION OF RECIPROCAL PUBLIC PASSENGER VEHICLE AGREEMENT. In the event that, as provided by the terms of the reciprocal public passenger vehicle licensing agreement, the Village is advised by a participating municipality that said municipality has amended the provisions of its public passenger vehicle licensing ordinance in areas related to the inspection, licensing and maintenance of public passenger vehicles and licensing of public passenger vehicle drivers, the Village President may rescind said reciprocal licensing agreement and require full compliance by the public passenger vehicle companies with all Village ordinance regulations relating to the licensing and operation of public passenger vehicles and licensing of drivers as they apply to all other licensees within the Village." SECTION That the Village Clerk is hereby directed to TWO: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and THREE: effect from and after its passage, approval and publication, as provided by law. AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) ABSENT: None (0) PASSED: This 16th day of December , A.D., 1991 APPROVED: This 16th day of December , A.D., 1991 VILLAGE PRESIDENT ATTEST: 'j VI GE CLERK