2001-69 AMENDING CITY CODE - CHAPTER 60 - TAXICABS AND TAXI DRIVERS

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POLICE DEPARTMENT MEMORANDUM Memorandum#O 1-75 MEMO TO: Mayor Terry Howley and the Decatur City Council Steve Garman, City Manager FROM: Mark D. Barthelemy, Acting Police Chief� DATE: September 6, 2001 SUBJECT: Change to Chapter 60, Section 21, (i), of City Ordinances Purpose: The purpose of this memorandum is to gain council support for a change in Chapter 60, Section 21, (i), of the City Ordinances, governing the criminal history of taxicab driver license applicants. Background: The ordinance currently allows any person to be granted a taxicab driver's license by the City if he or she has not been convicted of a Class 2 or greater felony under Illinois State Law within the past three (3) years. It also prohibits any person convicted of any felony involving the use of a dangerous weapon to obtain a license. Falsifying the application form is also grounds for denial. Reference: Since I have been Acting Police Chief, a number of individuals have applied for a taxicab license under this ordinance. At least one or two a month are convicted felons, many of them having been arrested for sexual assault or abuse of minors, but the three year period has lapsed. In addition, many were arrested and charged for Class 2 or greater felonies in the past three (3) years, but, in a plea bargaining arrangement with the States Attorney, they plead guilty to a Class 3 or 4 felony to avoid the stiffer penalty and the charges (again usually sexual offenses) are dropped. Consequently, they are never actually "convicted" of the Class 2 or greater offense, even though the evidence they committed the offense is overwhelming. I, personally, have a problem granting a ta�cicab license to individuals who have a history of sex offenses or other serious felony records. We are entrusting taxicab drivers to transport our mentally disabled, elderly and children about the City. When we allow individuals, who by virtue of convenience for the justice system, have escaped conviction on heinous crimes to be taxi drivers, we create a potentially dangerous situation for our citizens. Illinois State Law has designated only the most serious crimes as felonies. Even some � crimes which cause us to feel very "violated" are misdemeanors until the person is convicted of , them a second or subsequent time. At that point,they become felonies, even if they are the ' lowest(Class 4) designation. Our law takes the privilege to bear arms, guaranteed under the Bill �'