ORDINANCE AMENDING CHAPTER 22, ARTICLE II, TO INCLUDE TRANSPORTATION NETWORK COMPANIES

AN ORDINANCE TO AMEND CHAPTER 22 ARTICLE II OF THE MUNICIPAL CODE OF THE CITY OF MACOMB TO EXPAND TAXICAB SERVICE TO INCLUDE TRANSPORTATION NETWORK COMPANIES

Preamble

WHEREAS, The City Council (the “Council”) of the City of Macomb (the “City”) passed an Ordinance setting standards for taxicab service in Chapter 22 Article II of the municipal code of the City of Macomb; and,

WHEREAS, the City has reviewed the standards as adopted and has recognized the need to provide for Transportation Network Service (“TNS”) providers such as Uber, Lyft, and other ride share services and other TNS providers; and,

WHEREAS, the City has determined that amending the municipal code provisions for taxicab service, operation and drivers to include TNS providers and drivers is necessary to maintain safe vehicles for hire services in the City of Macomb; and

WHEREAS, the City Council desires to amend Chapter 22 Article II to provide for updated municipal code provisions for taxicab service, operation and drivers to include TNS providers and drivers.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MACOMB, McDONOUGH COUNTY, ILLINOIS AS FOLLOWS:

Section 1. Incorporation of Preamble. The foregoing recitals are true and correct and are incorporated herein as the findings of the Mayor and City Council.

Section 2. Amendment of Section 22-21 of the City Code. Section 22-21 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-21.1. Taxicab stands.
Any location on a public street designated as such by the city council is hereby
designated as a taxicab stand. Each taxicab stand shall be appropriately marked by signs
erected under the supervision of the chief of police. It shall be unlawful to park any vehicle other
than a licensed taxicab in any cabstand.

Sec. 22-21. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Taxicab includes all motor vehicles carrying passengers for hire for which public patronage is solicited and all motor vehicles carrying passengers to or from privately owned parking lots, except a vehicle used to provide Transportation Network Company Services.

Transportation Network Company or (TNC) shall mean an entity licensed pursuant to this Chapter and operating in Macomb that uses a digital network or software application service to connect passengers to Transportation Network Company Services provided by Transportation Network Company Drivers.

Transportation Network Company (TNC) Driver shall mean an individual who operates a motor vehicle that is:
(a) Owned, leased or otherwise authorized for use by the individual; and
(b) Used to provide Transportation Network Company Services.

Transportation Network Company (TNC) Services shall mean transportation (for hire) of a passenger between points chosen by the passenger and prearranged with the TNC Driver through the use of a TNC digital network or software application. TNC Services shall begin when a TNC Driver accepts a request for transportation received through the TNC’s digital network or software application service, continue while the TNC Driver transports the passenger in the TNC Driver’s vehicle, and end when the passenger exits the TNC Driver’s vehicle.

Transportation Network Vehicle shall mean any vehicle owned, leased or otherwise authorized for use by a TNC Driver and used to provide a transportation network company service.

Section 3. Amendment of Section 22-22 of the City Code. Section 22-22 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-22. Liability insurance.
No taxicab or TNC vehicle shall be operated in the city unless it is covered by a bond or public
liability policy as required by statute.

Section 4. Amendment of Section 22-23 of the City Code. Section 22-23 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-23. Vehicle equipment.
(a) All taxicabs or TNC vehicles operated in the city shall have affixed upon it a valid state license plate duly issued under the Illinois Vehicle Code.
(b) In addition to a properly functioning air conditioner and heater, all taxicabs or TNC vehicles shall be operated, at a minimum, with the following equipment functioning to the standards established by the Illinois Vehicle Code:
(1) Brakes;
(2) Lights;
(3) Tires;
(4) Horn;
(5) Muffler;
(6) Rear vision mirror;
(7) Two windshield wipers;
(8) Safety seat belts.
(c) While in operation, every taxicab or TNC vehicle shall be kept in a neat, clean, sanitary condition and the interior shall be clean and free of foreign material or substance.

Section 5. Amendment of Section 22-41 of the City Code. Section 22-41 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-41. Required.
It shall be unlawful for any person to engage in the taxicab business in this city whereby one or more taxicabs or TNC vehicles or motor vehicles are held out to the public for conveyance of passengers for hire, indiscriminately accepting and discharging such persons as may offer
themselves for transportation in the territory in which such vehicle is operated, without first
having obtained a license therefor.

Section 6. Amendment of Section 22-42 of the City Code. Section 22-42 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-42. Qualifications of applicants.
Each applicant for a taxicab license, or the president or manager of the corporation, if it be one, and those who drive the taxicabs, or TNC vehicles must be of good character and have good driving habits.

Section 7. Amendment of Section 22-43 of the City Code. Section 22-43 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-43. Fee.
The annual fee for a license required by this division shall be $10.00 for each taxicab or TNC vehicle.

Section 8. Amendment of Section 22-46 of the City Code. Section 22-46 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-46. Revocation.
(a) If the city council at any time shall find that a person licensed under this division or any of the licensee’s drivers are not safe and responsible persons to engage in the taxicab business or drive taxicabs or TNC vehicles, the license provided for in this division may be revoked by the city council.
(b) The mayor may revoke any taxicab license or TNC vehicle license for repeated violations of traffic laws or ordinances, or of any ordinance provisions regulating the conduct of such drivers.

Section 9. Amendment of Section 22-61 of the City Code. Section 22-61 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-61. License required; display of license; fee.
(a) No person shall drive a taxicab or be hired or permitted to do so or operate a TNC vehicle until issued a license for such purpose from the city clerk’s office.
(b) Each license so issued to a person to drive a taxicab or TNC vehicle shall have a picture of the licensed individual on the license, and the license shall
be prominently displayed in the taxicab or TNC vehicle.
(c) A fee of $5.00 will be charged for the licensing of each driver, the fee to be paid to the city clerk’s office when the license is issued.

Section 10. Amendment of Section 22-62 of the City Code. Section 22-62 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-62. Offensive conduct.
It shall be unlawful for any driver of a taxicab or TNC vehicle, while on duty, to drink any
alcoholic beverages, or to use any profane or obscene language, or to shout or call to
prospective passengers, or to disturb the peace in any way.

Section 11. Amendment of Section 22-63 of the City Code. Section 22-63 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-63. Obedience to traffic rules.
It shall be the duty of every driver of a taxicab or TNC vehicle to obey all traffic rules established by statute or ordinance.

Section 12. Amendment of Section 22-64 of the City Code. Section 22-64 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-64. Duty to accept passengers.
(a) It shall be the duty of the driver of any taxicab or TNC vehicle to accept as a passenger any person who seeks to so use the taxicab or TNC vehicle, provided such person is not intoxicated and conducts himself themself in an orderly manner. No person shall be admitted to a taxicab or TNC vehicle occupied by a passenger without the consent of the passenger.
(b) A TNC driver shall exclusively accept rides booked through a TNC digital network or software application service and shall not solicit or accept “street hails”.

Section 13. Amendment of Section 22-65 of the City Code. Section 22-65 of the Municipal Code is amended by deleting the stricken words and figures and by adding the words and figures in bold-faced and underlined as follows:

Sec. 22-65. Duty to use most direct route.
The driver of each taxicab or TNC vehicle shall take his their passenger to his their destination by the most direct available route from the place where the passenger enters the cab or TNC vehicle.

Section 14. Effective Date. This Ordinance shall be effective upon its passage, approval and publication, as provided by law.