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HomeMy WebLinkAboutORDINANCES-1978-011-O-780 1/6/78, 2/9/78 4/5/78 11-0-78 AN ORDINANCE Regulating Taxicabs And Other Vehicles For Hire BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILL1140IS: SECTION 1: That Chapter 43 of the Code of the City of Evanston, 1957, as amended, be further amended so that Sections 43-1 through 43-102 shall hereafter read as follows: ARTICLE I General Provisions "Sec. 43-1. Definitions. For purposes of this Chapter the following terms shall have the meanings hereinafter ascribed: Driver. Any person licensed as an Evanston, Illinois Chauffeur. Licensee. Any person to whom an Evanston public passenger vehicle license is issued. Livery Cab. Any public passenger vehicle used to transport passengers for hire, as a result of individual contract at a price agreed upon prior to employment and by arrangement of the parties, on a trip basis. Public Passenger Vehicle. Taxicabs, livery cabs, sight-seeing vehicles and all other motor vehicles or busses, except busses oper- ated by a duly licensed public utility, all vehicles used for the transportation of passengers for hire. Taxicab. Any public passenger vehicle transporting passengers for hire on a trip basis to or from a destination as directed by the passenger. The vehicle must be equipped with a taximeter. 11-0-78 • Taximeter. Any mechanical device which records and indicates a fare measured by distance traveled, waiting time, and/or number of passengers. "Sec. 43-2. Compliance with State Law and City Ordinances. It shall be unlawful for any person to drive any public pas- senger vehicle, upon any public street or highway in the corporate limits of the City, unless such person and the vehicle operated comply in all respects with the provisions of the State and local laws thereto pertaining. "Sec. 43-3. Telephone and Radio Service Required. Every taxicab licensee shall operate and maintain, or shall be a member of an association which operates and maintains, within the City an office or principal place of business which provides 24 hour per day telephone service, and a Federal Communications Com- mission licensed commercial 2-way radio system between such office and each licensed taxicab. Such licensee or association of licenses shall maintain a listing of the taxi service business in the local telephone directory and provide 24 hour daily, continuous service. • "Sec. 43-4. Identification Display. Each vehicle licensed as a taxicab shall display on each front fender, on the trunk, and in a conspicuous place within the passenger compartment, the name of the owner of the vehicle, the association to which it belongs and the vehicle identification number assigned such vehicle by the City Collector. Such identi- fication shall be lettered in U.S. Standard Series E print, not less than two inches in height. "Sec. 43-5. Monthly Inspection Required. All public passenger vehicles shall pass a physical operating inspection conducted monthly by the City to determine that such vehicles comply with the minimum equipment and operation standards established by the State and the City for vehicles using the pub- lic way. Such inspections shall be conducted at times and at places established and designated by the City Manager. "Sec. 43-6. Color Identification. Each owner or association of owners shall select and submit • to the City Collector a distinctive color or combination of colors or designs identifiable to such owner or association and not likely to be confused with any other owner or association. Once such color identification has been selected and approved by the City Collector, no other owner or association shall utilize a color or combination of colors or designs likely to be confused with such approved design. Upon approval of such design the owner or asso- ciation shall decorate each Evanston licensed taxicab identically. -2- 11-0-78 • A licensee or association of licensees licensed to pursue the taxicab business in any municipality other than Evanston shall vary the color and design of the licensed Evanston vehicle from vehicles elsewhere licensed so as to distinguish. • "Sec. 43-7 to 43-9. Reserved. ARTICLE II Vehicle Licenses "Sec. 43-10. License Required. No person shall operate a public passenger vehicle without having first obtained a license therefor. No motor vehicle other than a taxicab, livery cab; or other passenger vehicle licensed and operated pursuant to the terms of this Chapter shall be oper- ated upon the public ways for the purpose of transporting passen- gers for hire within the City. No vehicle licensed in the City of Evanston shall be licensed in any other municipality. "Sec. 43-11. Application - Form and Content. Applications for each public passenger vehicle license shall be made by the owner and/or operator upon a separate form fur- nished by the City and shall contain the following information: 1. Full name, address, and telephone number of the applicant. 2. The name, address, and telephone number of the association under which he is operating. 3. Officers of corporation or members of partnership, if applicable under which lie is operating. 4. Name of company issuing public liability policies as re- quired by State law. 5. Proof of vehicle ownership. 6. Complete description of vehicle for which the license is desired. Specific vehicle requirements are given in de- tail in Section 43-13. Description should include: • (a) Year and make of vehicle (b) Vehicle identification number (c) Seating capacity, excluding driver's seat or any part thereof. -3- • 11-0-78 (e) Car number (f) Color of vehicle (g) Taxable horsepower and such other data as the City Council may prescribe. "Sec. 43-12. Certificate of Insurance to Accompany Applications. Each applicant for a license shall supply to the City a certi- ficate of insurance evidencing that public liability insurance with a combined liability limit of not less than $100,000 applying to both bodily injury and property damage is in force, and he shall continuously maintain such insurance during the period the license is in effect. "Sec. 43-13. Limitation on Number Issued - Taxicabs. The total number of taxicab licenses authorized to be issued by the City on and after April 1, 1978 shall not exceed the number of one hundred forty (140). The total number of livery cab licenses authorized to be issued by the City on and after April 1, 1978 shall not exceed the number of twenty-five (25). "Sec. 43-14. Schedule of Fees. Licenses issued pursuant to this ordinance shall expire on the 31st day of December following the date of issuance. The license fees shall be as follows: Livery Cabs Taxicabs - Initial issuance Renewal Transfer Sightseeing Vehicles, Motor coaches, or buses other than those operated by a duly licensed public utility $ 100.00 per annum $1,000.00 $ 100.00 $ 500.00 $ 20.00 per annum The initial license fees for taxicabs provided herein shall apply to licenses issued on or after April 1, 1978. The initial license shall be deemed to apply to each transaction whereby an authorized license is issued to a new applicant for such license. Initial license fees shall not apply to transfers of licenses authorized by the provisions of this ordinance. -4- 11-0-78 "Sec. 43-15. License Fees in Addition to Other Fees. • The vehicle license fees established by Section 43-14 shall be in addition to all other State and City vehicle fees and also to such compensation as may be required to be paid for the use of the public ways of the City by any ordinance granting authority to oper- ate public passenger vehicle upon such public way. "Sec. 43-16. Inspection Required Prior to Licensuee. No public passenger vehicle shall be licensed unless it shall have been subjected to a physical inspection and found to meet the minimum requirements of State and local laws as to equipment and mechanical condition, and be of good appearance, reasonably free from rust and body damage. "Sec. 43-17. License to Issue. Upon a determination that an applicant has satisfied the re- quirements of this ordinance for the issuance or renewal of a public passenger vehicle license, the City Collector shall cause such li- cense to issue. "Sec. 43-18. Register of Licensees. • The City Collector shall keep a register of the names of vehicle license holders, the date of issuance, the license number, and the vehicle description. "Sec. 43-19. Transfers Permitted - Limited Circumstances. It shall be unlawful to transfer any taxicab, livery cab, or other public passenger vehicle license from any person to another person, except in order to maintain the present service. Upon such transfer, the license shall be surrendered to the City by the licen- see with direction to reissue it to a designated transferee. The designated transferee, upon meeting the conditions of this Chapter, and upon remittance of the required transfer fees, will be issued the license. No such transfer shall be permitted unless such transferee shall otherwise qualify as to eligibility for a license. The issu- ance of such transferred license shall be in accordance with the pro- visions of this Chapter as in the case of an original application, and upon payment of the transfer fees set forth herein. It shall be unlawful for the transferor to impose upon the trans- feree as a condition of the transfer any requirement for the purchase of services or materials such as gasoline or radio or telephone services. Nothing herein contained shall prevent the transferor from entering into an agreement to finance the transfer of such li- cense or otherwise contract for the transfer of such license on an installment basis. In the event of the death of a licensee the license held thereby shall be deemed to lapse unless, within ninety (90) days of the date of death of such licensee the personal representatives of the estate of such licensee shall direct the transfer thereof to a qualified transferee. -5- 11-0-78 If the owner of the license taxicab or livery cab shall lease the same to an operator, such lease or license shall not relieve the owner from the responsibility for the proper operation of the vehicle. "Sec. 43-20. Transfer Certificate. When a duly licensed taxicab is replaced by a new vehicle, upon proper payment of a license fee of Thirty Dollars ($30.00) a decalomania transfer certificate of registration shall be issued. Such certificate shall be affixed to the back of the rear view mirror. "Sec. 43-21. Default in Observance of Chapter. In the event that any licensee or the agent of a licensee shall default in the observance or performance of any one or more of the agreements, conditions, or obligations imposed by this Chapter, and if any such default shall continue for a period of ten (10) days after written notice thereof from the City Manager to the licensee; in every such case the City Manager shall set a date for a hearing to revoke said license, said date not to fall later than twenty-one • (21) days after written notice of the hearing has been sent, and shall designate a hearing officer. At such hearing evidence rela- tive to the charges shall be adduced and the licensee shall be afforded an opportunity to present a defense. The hearing officer shall make written findings of fact and transmit -same to the City Manager and the licensee. Promptly after receiving the hering officer's findings, the City Manager will render his decision. "Sec. 43=22. Issuance of Authorized License - Lottery. In the event an authorized license shall become available by virtue of revocation, abandonment, cessation of service, or default of renewal, the Finance Director shall cause such license to be issued to a qualified applicant selected by lot. Upon any license becoming available as set forth herein the Finance Director shall notify existing licensees of said availabil- ity and shall cause to be published in a newspaper of general cir- culation a notice of the availability of said taxicab licenses, which notice shall contain the number(s) of licenses available, the procedure for application, and the date, time, and place for the selection by lot. Those persons desirous of participation in the lottery shall submit an application on forms provided by the City designating the number of licenses for which the application is submitted to the is Finance Director. The Finance Director shall review the applica- tion, assign a number to it in the order of receipt, and time stamp the application. All applications for such licenses shall be re- ceived by the close of business on the day prior to the date set forth in the notice in order to be eligible for selection. A number corresponding to each application shall be placed in the lottery pool and on the date determined one (1) number shall be publicly -6- 11-0-78 a drawn from said pool which shall be the successful applicant for the available license. Upon selection, the successful applicant shall perfect the license application and pay all fees thereto pertaining. If the successful applicant fails to perfect his application within thirty (30) days, lotteries will continue to be held in accordance with the above procedure until all available licenses have been distributed. A licensee may withdraw his application from consideration at any time prior to the selection by lot by notifying the Finance Director of his intention in writing. No license issued pursuant to the terms of this section shall be transferred by the licensee for eighteen (18) months from the date of issuance. "Sec. 43-23. Suspension of License. If, after the inspection and approval of any public passenger vehicle as provided for in this Chapter, such public passenger ve- hicle 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 City Manager until the public passenger vehicle and all its appur- tenances shall be put in fit condition for public use and has been inspected and approved for operation. "Sec. 43-24. Age of Vehicle. No license other than a renewal or duplicate license shall be issued for a vehicle in excess of three (3) years of age, as deter- mined by the model year of manufacture and the chronological year of application. "Sec. 43-25 to 43-29 Reserved. ARTICLE III Public Passenger Vehicle Drivers "Sec. 43-30. License Required. • It shall be unlawful for any person to drive a public passen- ger vehicle that is licensed by the City without a current, valid license therefor. It shall be unlawful to employ or otherwise permit to operate a public passenger vehicle, any person who does not have a current, valid public passenger vehicle driver's license. -7- 11-0-78 "Sec. 43-31. Form and Contents of Application. • The application for a license as a driver of any public vehi- cle named in this Chapter shall set forth the name of the applicant, his residence, the name of his employer, length of time with present employer, information as to previous employment for past two (2) years, whether he has ever been arrested and if so, where, when and for what, whether he was ever convicted of a felony or misdemeanor, whether or not he was previously licensed as a driver or chauffeur, and if the license was ever suspended or revoked. The applicant must file with the City a certificate from a local, competent physician stating that he is physically fit and mentally competent to drive a public passenger vehicle. Such certificate shall be filed annually as a condition precedent to the renewal of public passenger vehicle driver's license. The applicant shall have his photograph and fingerprints taken at the time of application. "Sec. 43-32. Qualifications of Applicant, Issuance. In order to provide for the public safety and public confidence in the drivers of public passenger vehicles, each applicant for such a license shall meet the following requirements at the time of ap- plication and issuance of such license: (a) Be at least 18 years of age at time of making application. • (b) Have good eyesight and be not subject to any infirmity of body or mind which would render him unfit for the safe operation of a public passenger vehicle, and be of good health generally. (c) Be able to understand and communicate the English language. (d) Be clean in dress and person, and not addicted to the use of drugs or intoxicating liquors. (e) Have thorough knowledge of the provisions of this Article, the geography of the City and the traffic regulations of the City. (f) Submit to the City Collector letters of recommenda- tion from two (2) reputable citizens of the City certifying that they have known applicant personally and have observed his conduct during at least one (1) year next preceding the date of this application and that he is of good moral character, and in their opinion, a fit person to drive a public passenger vehicle in the City. (g) Produce a valid Illinois operator's license of the class required to operate the vehicles to be driven. • (h) Be of good moral character and habits (for purposes of this section convictions of a felony or any of the following misdemeanors may be considered as an indi-, cation of character and habits: (References are to the Illinois Revised Statutes) Ch. 38 §11-5 Ch. 38 §11-15 Ch. 38 §11-21 Ch. 38 §11-6 Ch. 38 §11-16 Ch. 38 §12-2 Ch. 38 §11-9 Ch. 38 §11-17 Ch. 38 §12-6 Ch. 38 §11-14 Ch. 38 §11-19 Ch. 38 §16-1 -8- 11-0-78 Ch. 38 §24-1 Ch. 38 §28-3 Ch. 38 §32-1 • Ch. Ch. 38 38 §24-3 §24-3.1 Ch. Ch. 38 38 §31-1 §31-4 Ch. Ch.. 95-1/2 §11-501 95-1/2 §11-503 Ch. 38 §24-5 Ch. 38 §31-6 Ch. 95-1/2 § 6-303 Ch. 38 §25-1 Ch. 38 §314 Provided, however, pursuant to tbt provisions herein- after set forth, any applicant .wfio 'has been convicted of the offenses enumerated herein may present evidence te of rehabilitation which may negaany inferences drawn from evidence of conviction.) In the event of rejection of any apply cation due to failure to meet the criteria for issuance the applicant, upon due notice thereof in writing may request a review of his application by the City Manager or his designee at which ti.me tfie applicant may present such evidence as he sees fit. The City Manager shall notify the applicant of.his findings in writing and the! City Manager shall issue a license or deny the application. If following issuance of public passenger vehicle driver's license, further investigation indicates the licensee is no longer qualified under the provisions of this chapter or is guilty of conduct which threatens the safety of his riders, the license may be revoked by the City Manager. Complaints of misconduct, i.e. rudeness,. refusal to carry passen- gers, overcharging; may be referred to the�Taxicab Advisory Board by the City Manager. Upon such referral the.Taxicab Advisory Board shall investigate such charges and make recommendations to the City Manager for appropriate action. "Sec. 43-33. License to be Displayed. The public passenger vehicle driver'.s license must be displayed on the rear front seat at all times in the public passenger vehicle in plain view of the passenger. The licens.e shall have a picture of the licensee affixed to it, and the following descriptive informatiqn: height, weight, age, eye and hair color; schedule of rates and charges, telephone number where complaints can be received, identification of driver, map indicating where meter rates apply. "Sec. 43-34. License Fee and Expiration Date. The fee for an Evanston public passenger vehicle driver's li- cense shall be Five Dollars ($5.00) per annum for the original ap- plication and Three Dollars ($3.00) per annum for succeeding annual renewals. Each annual license shall expire on the 31st day of December following the date of issuance. "Sec. 43-35. Transfer of License Prohibited. It shall be unlawful to transfer any public passenger vehicle driver's license from one person to another. "Sec. 43-36. Revocation of License - Grounds - Hearing. If following the issuance of a public passenger vehicle driver's license such licensee shall be'determined to no longer meet the qualifications established in Section 43-32 hereof, the City Manager 11-0-78 • may suspend or revoke such public passenger vehicle driver's license. Any person licensed pursuant to this Article who is aggrieved by the provisions of this Section may, upon written request, obtain a hear- ing by the City Manager or his designee at which hearing he may pre- sent evidence in his own behalf. The City Manager shall promptly advise the licensee of his findings and decision thereon in writing. • "Sec. 43-37. Hours of Drivers. No person licensed as a public passenger vehicle driver shall be permitted to drive a public passenger vehicle or taxicab for more than twelve (12) of any twenty-four (24) consecutive hours. "Sec. 43-38. Record of Licensed Drivers. The Chief of Police will maintain a current listing of the names and residences of each licensed public passenger vehicle driver, together with the names of persons endorsing his applica- tion and all other supporting information as required by Section 43-31. In addition, he shall record information he may obtain concerning any driver as may be necessary to provide a complete record of his conduct and qualification as a driver. ARTICLE IV Taxicab Service Regulations "Sec. 43-40. Duty to Convey Passengers. It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person is not intoxicated and conducts himself in an orderly manner. The driver may not convey more than that number of persons for which such vehicle has seating accomodations, exclusive of the driver's seat or any portion thereof, who apply for transportation, at the lawful rate indicated on and posted in the vehicle; provided that not more than six (6) passengers of the age of 12 years or more shall be conveyed at the same time in any taxicab or livery cab. The driver shall take his passenger to his destination by the most di- rect.route practicable. Where programs have been established by the City Council, for the duration of the programs, all owners, operators, and drivers shall participate in special service and rate programs established by the City Council. "Sec. 43-41. Picking up Additional Passengers After Vehicle Engaged. • After any driver of a taxicab has been employed by one or more persons traveling together, the driver may not pick up other persons along or upon any street or highway in the City except upon direc- tion of the person(s) first engaging the taxicab. It shall be un- lawful for the driver of any taxicab to solicit the permission of the passenger first hiring the taxicab to pick up any additional passengers. -10- 11-0-78 "Sec. 43-42. Passengers in Front Seat. No person driving any taxicab or livery cab shall permit any passenger to ride on the front seat or any portion thereof unless vehicle is equipped with seat safety belts meeting the specifica- tions established by the Illinois Department of Transportation. "Sec. 43-43. Cruising and Solicitation. No driver of a public passenger vehicle licensed under the pro- visions of this Chapter shall solicit patronage in a loud or annoy- ing tone of voice or bysign, or in any manner annoy any persons or obstruct the movement of any persons or vehicles, or follow any per- son for the purpose of soliciting patronage. "Sec. 43-44. Solicitation of Business in Other Communities Prohibited. It shall be unlawful for any taxicab driver licensed by the City to operate any Evanston licensed taxicab in any other munici- pality for the purpose of soliciting business. It shall be unlaw- ful for any driver of a taxicab not licensed by the City to solicit business within the City limits. "Sec. 43-45. Establishment of Taxicab Stands and Loading Zones. • The traffic engineer, with consent of the City Council, shall establish taxicab stands and public passenger vehicle loading zones which shall be designated by appropriate signs. "Sec. 43-46. Drivers to Remain in Cabs. Every driver or operator of a taxicab shall remain in his cab while it is parked or standing in a stand, unless he must get to the street or sidewalk to assist passengers into or out of the vehicle. "Sec. 43-47. Temporary Service Level Reductions - Notice. . Whenever a licensee shall be required to remove a licensed vehicle from active service for a period in excess of ten (10) days he shall notify the City Collector thereof. In no instance shall a licensee or association of licensees temporarily retire from active service in excess of 25% of the taxicab fleet under its control. Whenever a vehicle is temporarily retired from active service for any reason such period of retirement shall not exceed ninety (90) consecutive days, provided that such temporary retirement shall not inhibit the provision of adequate continuous and regular ser- vice in accordance with public demand. • ARTICLE V Rates And Taximeters "Sec. 43-50. Taximeter Required. Each taxicab must have a taximeter to register, in plain view of the passenger, the fares as accumulated while the cab is opera- • • 11-0-78 ting. The meter must be connected with and operated from the trans- mission of the taxicab to which they are attached. "Sec. 43-51. Schedule of Rates and Charges. The following schedule of rates and charges, which is hereby declared to be just and reasonable, computable according to the number of passengers, the distance traveled, and the time consumed as indicated by the taximeter installed in each taxicab, shall be effective: 50 cents for the first one -fifth mile or fraction thereof; 10 cents for each additional one -fifth of a mile; 20 cents for each additional passenger; 10 cents for each 3/4 minute of waiting time; $1.00 minimum charge for telephone order service. "Sec. 43-52. Meter Must be Engaged. No taxicab shall transport a.passenger for hire unless the taximeter shall be accurately recording the fare to be charged. "Sec. 43-53. Where Meter Rates Apply. The meter rates and charges set forth in Section 43-51 shall apply to all trips within the City of Evanston and all trips be- tween the City of Evanston and: Chicago th of Roosevelt Road) Niles - Glenco •` Northfield G1envia Park Ridge-_ Golf Skokie Kenilworth Wilmette Lincolnwood Winnetka Morton Grove and the unincorporated areas falling within the perimeter estab- lished by such municipal boundaries. For the transport of passengers between the City of Evanston and destinations beyond the perimeter of the municipal boundaries listed above, a maximum charge not to exceed one hundred fifty percent (150%) of the actual metered rate may be imposed. "Sec. 43-54. Established Rates and Charges. • It shall be unlawful for a driver of a taxicab to charge, de- mand, collect or receive as compensation for services provided, a sum greater than the calculated total of charges applicable to the length of the trip or service rendered as computed from the schedule of reasonable rates and charges established by ordinance. Every person shall be entitled to the service of the driver at rates and charges no greater than those established by ordinance. For pur- poses of this ordinance, gratuities shall not be considered compen- sation. -12- 11-0-78 • "Sec. 43-55. Waiting Time. Waiting time shall include the time beginning five minutes after call time at the place to which the taxicab has been called, when it is not in motion, and the time consumed while standing at the direc- tion of a passenger. Waiting time shall also include any time during which a taxicab is traveling at a speed of less than 10 miles per hour so that the fare is being calculated at the established mileage rate or the waiting time rate, whichever is greatest. "Sec. 43-56. Baggage. Passengers shall be entitled to the conveyance of their ordinary hand baggage without charge. A fee of twenty-five cents ($.25) may be charged for carrying items, in or upon the taxi other than within the passenger compartment. "Sec. 43-57. Taximeter Inspection, Tests, Sealing, Recording_ Required. Before any vehicle license shall be issued for a taxicab, the inspector of weights and measures, or his deputy, shall inspect, test, and.seal the vehicle taximeter. In addition, the inspector of weights and measures, or his deputy, shall inspect, test, and seal • all taximeters in use in the City on a semi-annual basis when the taxicab is inspected at the municipal testing station or place des- ignated by the City Manager. In addition, whenever complaints are made to the City Manager that any taximeter registers improperly or inaccurately it shall be his duty to immediately cause an inspection and test of such taxi- meters and if the taximeter does not accurately register, it shall be unlawful to operate the taxicab until it is equipped with a taxi- meter approved by the City Manager or inspector of weights and measures or his deputy. The owner of any taxicab shall, upon demand, deliver to the City Manager or his agent, the taxicab together with the taximeter, or the taximeter detached therefrom, for inspection and test. The owner may be present or represented at the time of inspection and testing. Testing of each taximeter will be done to determine the accuracy of its recording mechanism with respect to distance traveled, either -- by running the taxicab to which it is attached over a course, a standard mile in length, or by a mechanical test. To determine whether a meter accurately registers waiting time, such taximeter shall be tested by comparing with the standard time, the time re- corded as shown by.the fare computed on the dial. When a test shows that the taximeter accurately registers the fare measured by distance traveled, waiting time, and extra passen- gers, it shall be sealed and a certificate of the test shall be issued to the taxicab owner. The inspector of weights and measures or his deputy, shall keep a record of each taximeter and the date of inspection. -13- 11-0-78 • "Sec. 43-58. Taximeter Inspection Fees. The fee for inspection of each taximeter shall be five dollars ($5.00) per year. No extra charge will be made for additional in- spections unless the taximeter registers incorrectly or inaccurately, in which case an inspection fee of two dollars and fifty cents ($2.50) shall be charged. "Sec. 43-59. Flags on Meter; Dials. All taximeters must be equipped with a flag at least 3" by 2" in size, either painted red or bearing thereon in letters at least 1" in height, the word "VACANT" or the words "FOR HIRE". The flagpost shall be kept up or in a vertical position when the taxicab is for hire, and shall be immediately pulled down and kept in a position which causes meter to register distance and time when such taxicab is engaged. Taximeters must also have a dial which registers the charges. The meter must be placed so that its dial is in plain view of the passenger. The dial must be illuminated between sunset and sunrise so the passenger is able to read the charges registered on it during this period. • "Sec. 43-60. Throwing Flag, Payment of Fares, Receipts. Upon termination of his services, all drivers of taxicabs are required to throw the flag to the nonrecording position on the taximeter and call the passenger's attention to the fare registered. The taximeter shall not be changed until the fare has been paid or a charge ticket made out and delivered to the person hiring the taxi- cab. Any passenger who requests a receipt for the fare paid shall be entitled to receive one. "Sec. 43-61. Transfer of Meter to Other Cab. No person owning or driving any taxicab shall transfer the taxi- meter to any other taxicab unless a new inspection and certification of the taximeter is made. "Sec. 43-62. Meter Tampering. No person shall tamper with; break, or mutilate any taximeter, cable, or the seal thereof. • ARTICLE VI Records and Statements "Sec. 43-70. Records to be Kept and Statements Filed. For the purpose of ascertaining the character and quality of service rendered the public, the just and reasonable uniform rates -14- • 11-0-78 of fare to be fixed from time to time by the Council, and the ade- quacy of license reserves for personal injury, death and property damage claims, the City Manager or his agent shall have access to the plant, equipment, apparatus and other personal property and the inventories, books, papers, accounts, and records of all property and operators of the licensee at all reasonable times. Every licen- see, at all times, shall keep in the City complete and accurate books and records of all property, operations, receipts and disbursements, in such form and detail as may be prescribed from time to time by the City Manager. Every licensee whenever called upon by the City Council or the City Manager, shall file such other information as may be required by them. All statements required to be filed pursuant to this Sec- tion shall be sworn to by the licensee. "Sec. 43-71. Effect of False Statements. In the event that the City Manager after investigation and hear- ing shall determine that: (a) Any licensee has obtained any license for any taxi- cab or other public passenger vehicle by fraud or false representation or misstatement of facts, or fails to carry out any promise made before the issu- ance of such license; or (b) the licensee, either knowingly or without the exer- cise of due care to prevent the same, has violated any provision of this ordinance or any regulation or order lawfully made pursuant to and within the authority of this ordinance; or (c) any fact or condition exists which, if it had existed or had been known to exist at the time of the original application for such license, clearly would have justified the city's refusing original- ly to issue such license; the City Manager may revoke such license and shall report said revo- cation to the City Council with his reasons therefor. ARTICLE VII Issuance of Additional Vehicle Licenses "Sec. 43-80. When Resolution Required. Nothing in this Chapter shall be construed to limit the City in the exercise of the police powers and the right to pass all ordinances and make all regulations affecting the licensee which may be deemed necessary to promote or secure health, safety, morals, comfort, con- venience and general welfare is expressly reserved; provided, however, -15- 11-0-78 that no ordinance or regulation shall authorize the issuance of any license for a taxicab nor shall any license hereafter be issued ex- cept as provided in this Chapter or except upon transfer to permit replacement of a taxicab or in the annual renewal of such license, unless the City Council, after a hearing by resolution shall declare that public convenience and.necessity requires additional taxicab service. "Sec. 43-81. Determining When Convenience and Necessity Requires Licensing.. In determining whether public convenience and necessity requires the licensing of any additional taxicab, the City Council shall take into consideration: 1. The demand for such services: 2. The effect on traffic congestion; 3. Whether the safe use of the streets for vehicular and pedestrian traffic will.be impaired; 4. The financial responsibility of the applicant and the amount of reserves to be established for the payment of personal injury, death and property damage claims; • 5. The wages or other compensation to be paid to or re- ceived by the driver of such taxicab; 6. The color scheme and character of equipment; and 7. Any other facts which the City Council may deem relevant. "Sec. 43-82. Public Hearings. The City Council may hold public hearings from time to time for the purpose of considering any objections or evidence pertinent to the question of the public convenience and necessity for the issuance of licenses for taxicabs. Notices of such public hearings containing the time and place thereof and the names of applicants for licenses shall be published in a newspaper of general circulation within the City. The City Council may continue any public hearing from time to time without republication in a newspaper. "Sec. 43-83. Issuance of Additional Licenses. If, as'a result of the public hearings referred to in the pre- ceding section, it is determined that public convenience and necessity requires more taxicab service and it is determined that a certain additional number of taxicabs are required for public convenience and necessity, then such additional licenses shall be issued pursuant to the provisions of Section 43-22. r -16- • 11-0-78 ARTICLE VIII Taxicab Advisory Board "Sec. 43-90. Taxicab Advisory Board. A Taxicab Advisory Board is hereby created to advise the City Manager on taxicab regulation matters and to recommend action to be taken regarding complaints received. Each association of Evanston licenseholders shall select one (1) person to serve as their repre- sentative on the Board. The Taxicab Advisory Board will report on a semi-annual basis to the Administration and Public Works Committee on the disposition of complaints and other problems. ARTICLE IX Livery Cabs • "Sec. 43-100. Livery Cab Requirements. In addition to the preceding sections which set forth requirements, which must be met by all public passenger vehicles, the following addi- tional requirements must be met by livery cabs: • 1. Such livery vehicle shall contain no meter. 2. There shall be no markings on such livery vehicle. 3. A livery vehicle operator must prearrange with any customers the origin, destination, and fare for his service and may not pick up or solicit passengers for hire from the streets. 4. Such livery vehicle must be operated out of an es- tablished station or office of a taxicab service. The station or office shall not be the same office as that of a taxicab business. 5. Such livery vehicle is prohibited from parking on City streets for the purpose of solicitation of fares. 6. Livery vehicles shall not use taxicab stands. -17- 11-0-78 • ARTICLE X Penalties "Sec. 43-101. Penalty. Any violation of the provisions of this ordinance shall be an offense punishable by a fine not less than Twenty -Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) for each vio- lation. Each day a violation exists shall be deemed a separate violation. In addition thereto, any violator of the provisions of this ordinance may be enjoined from'the conduct constituting the violation. ARTICLE XI Severability "Sec. 43-102. Severability. It is hereby declared to be the intention of the City Council of the City of Evanston that the provisions of this ordinance are 40 severable, and that the invalidity of any portion of any section hereof shall not affect any other section or portion of this ordi- nance." Introduc;&0 -3 1978 Adopted 1978 Approved G�C � % 1978 MaK ATTEST: T' City Clerk Approved as to form, . Corporation Coup el • MMO