(A) Definitions: The following words as used in this Section shall be defined as follows:
MOMENCE DESTINATION: | Any omnibus driver which, for any reason other than a bona fide vehicular emergency, stops within the City of Momence, Illinois, to discharge passengers, the majority of whom are not permanent residents within the City of Momence, Illinois, or within ten (10) miles of the boundaries of the City of Momence, Illinois. |
OMNIBUS DRIVER: | An individual, corporation, partnership, limited liability company, joint venture, or state and local government which acts as a Hackman, drayman, omnibus driver, carter, cabman, porter, expressmen, and all others pursuing like occupations who drive, rent or own vehicles with a lawful capacity of greater than twenty (20) passengers. |
PASSENGER: | Any person receiving the services of transportation for hire. |
(B) License Fee: Any omnibus driver which intends to make a Momence destination must previously have applied for and received a license to do so from the City of Momence, Illinois. The license fee shall be one hundred dollars ($100.00) per calendar year.
(C) Notification Of Momence Destination: Any omnibus driver which intends to make a Momence destination must for the reasons specified within the preamble of this ordinance which is made a part of the ordinance herein, must provide at least forty eight (48) hours prior written notice of the intention for the Momence destination to the Momence City Collector. Because of the important need for the City to be aware, the notice shall be in writing and shall be sent by certified mail or delivered in person to the Momence City Collector at City Hall, 105 West Washington Street, Momence, Illinois 60954. That is the only lawful way notices will be accepted to avoid a violation of the notice provision of this ordinance.
(D) Contents Of Notice: The notice required, referenced in Section C (Notification of Momence Destination) of this section shall include the name of the Omnibus driver, the day and time, within a two (2) hour window when the Momence destination is planned. Momence destination shall only be allowed on non-national or State holidays, and on Monday through Friday between the hours of 10:00 A.M. and 1:00 P.M. These hours have been chosen to allow the City of Momence to have a coordinated plan with the omnibus driver, relating to the delivery, location, and number of passengers.
(E) Exemptions: Nothing in this Section shall apply to any transportation for hire services which:
1. Is operated by the Federal government or any department or agency thereof,
2. Is for the transportation of students for school purposes,
3. Is operated primarily on an on-demand door-to-door basis for the use of disabled or local vehicle deficient passengers,
4. Is local transportation relating to local businesses or Momence residents, or
5. Under the Constitution of the United States or State of Illinois may not be made the subject of this regulation by the City.
(F) Penalties: Any Omnibus driver found to have violated any provision of this Section, shall be liable for a fine of not less than one hundred dollars ($100.00) and not more than seven hundred fifty dollars ($750.00) for each passenger dropped off in the City of Momence, or within five (5) miles of its borders. The City may also seek to enforce this Section through an application in Circuit Court for an injunction or other relief. If this ordinance could be administered through Administrative Adjudication or through a filing in the Circuit Court, the City shall determine which method it shall utilize. (Ord. 884, 1-15-2024)