A. This section shall apply to commercial motor vehicles operating as common carriers when:
1. The vehicle is engaged in a privately chartered service;
2. The service includes the disembarkation of ten (10) or more passengers within the village who will not reboard; and
3. The service does not include arrangements for round-trip transportation.
As used in this section, "privately chartered service" refers to services wherein a motor vehicle is engaged by a person or entity for specific transportation purposes, not including services that are part of regular, publicly available transportation routes or schedules. "Privately chartered service" does not include courtesy shuttles transporting customers or guests to or from a fixed location as an incidental service provided by a business or shuttles with scheduled transport of customers from schools, and recreational activities including summer camps and sporting events, or other shuttles with scheduled drop-offs of Village residents or residents of neighboring communities.
B. Application.
1. The owner, operator, or driver of any motor vehicle to which this chapter applies which proposes to allow passengers to disembark in the village shall file an application with the Chief of Police. The completed application shall contain all required information set forth in subsection (2) below and shall be submitted to the Police Chief at least five (5) calendar days prior to the date of the proposed disembarking date.
2. The Chief of Police shall prepare an application form which shall, at a minimum, require an applicant to provide the following information:
a. The full name, full address, and telephone numbers of the owner, operator, and driver of the motor vehicle. The mobile phone number of the driver of the vehicle shall also be provided.
b. A copy of the valid driver's license of the driver of the motor vehicle and a copy of a valid insurance policy that covers the driver.
c. The full name, full address, mobile and land-line telephone numbers of the entity or individuals that have either directed, paid for, or financed the transport of persons who will disembark in the village.
d. The full name of all persons that are proposed to disembark in the village along with copies of IDs for said person to the extent such IDs exist or are in the possession of the passengers.
e. The name, address, or location in the village where the applicant proposes to allow passengers to disembark.
f. The date and time at which the applicant's passengers will disembark in the village which shall be from 8:00 a.m. to 4:00 p.m. on a Monday through Friday, excluding any federal, state, or village holidays.
g. The name and address of all locations from which the passengers are being picked-up for transport to the village.
h. The full name, full address, mobile and land-line telephone numbers, and electronic mail addresses of all entities or individuals that shall be present to meet and receive the passengers disembarking in the village.
i. A detailed plan identifying how the disembarking passengers will be cared for, housed, and fed, upon disembarking in the village. The plan shall be signed by the entity that agrees to be responsible for providing the actions detailed in the plan.
j. Any additional information the Chief of Police may require provided that such information is related to the purposes of this section.
3. The person submitting an application shall swear or affirm that to the best of their knowledge and belief the information set forth in such application is true and correct, and such oath or affirmation shall be attested to by a person authorized to administer oaths or witness affirmations within the state or territory where the application is sworn to or affirmed.
4. Upon receipt of an application pursuant to this section, the Chief of Police shall review same and undertake a review of the information contained in the application to verify its truth and authenticity. If the application is not complete, the Chief of Police shall, in writing, advise the applicant of the additional items needed to complete the application. Within four (4) calendar days after receiving a completed application, the Chief of Police shall inform the applicant that the application is approved for the stated location, unless the Chief of Police has received bona fide information that the application contains materially false information.
5. Upon approval of an application, the Chief of Police shall provide the applicant, or a person designated thereby, with a telephone number to coordinate the arrival of the motor vehicle in the village.
6. If the Chief of Police denies an application made under this section, the Chief of Police shall reduce the findings to writing and transmit the same to the applicant within five (5) calendar days. The applicant may submit a new application to meet the requirements of this chapter.
C. Disqualification. The Chief of Police shall not approve an application for any person who:
1. Has supplied materially false or misleading information in connection with an application under this section.
2. Has failed to ensure the care, housing, transportation, or feeding of any passengers disembarking in the village or otherwise failed to implement or perform the detailed plan pursuant to the terms of an approved application.
D. Penalty. Complaints alleging any violation of this section for which the village may impose a fine upon the owner, operator or driver of any motor vehicle to which this section applies to shall be brought in the name of the village and adjudicated before an administrative adjudicator. The administrative adjudicator shall impose a fine of not less than $750 per passenger. (Ord. O2024-01, 1- -2024)