[Ord. No. 1562, 3-23-2011]
The transportation of persons by means of pedicabs is a matter
closely affecting the public interest. The public interest requires
that pedicab drivers be properly qualified persons, that the pedicabs
be fit for their intended purpose and that the safety and welfare
of passengers be protected in the operation of pedicabs.
[Ord. No. 1562, 3-23-2011]
For purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
(a)
PEDICAB — A multiwheeled passenger vehicle that is moved by
human power that is pulled, pushed, or otherwise propelled by a person,
which is used in the movement of passengers on public rights-of-way
and shall include vehicles pulled or pushed directly by human power
and vehicles propelled through a cycle or other mechanical means.
Pedicab shall include, but not be limited to, cycle rickshaws, cyclos,
geotaxis, trishaws, bike taxis and any other pushcart or rickshaw-type
vehicle.
(b)
PEDICAB OWNER — A person who is the owner of a pedicab or a
proprietor of a pedicab business who supplies pedicabs to others to
operate as independent contractors or employees.
(c)
PEDICAB DRIVER — A person who operates a pedicab.
(d)
OPERATING PERMIT — A written permit issued by the City authorizing
a person to operate a pedicab.
[Ord. No. 1562, 3-23-2011]
No person shall drive or operate a pedicab upon the streets,
highways, or thoroughfares of the City of Holland and no person who
owns or controls a pedicab shall permit it to be so driven or operated
unless the pedicab is in compliance with all of the requirements of
this article.
[Ord. No. 1562, 3-23-2011]
(a)
The City Clerk shall issue operating permits for pedicabs. Every
person desiring to obtain an operating permit is required to make
written application for a permit to the City Clerk and accompanied
by a fee established by resolution of the City Council. The applicant
shall truthfully and fully state the information requested on the
application such as:
(1)
The applicant's full name and residence address;
(2)
The applicant's date of birth;
(3)
The applicant's drivers license and number;
(4)
The names and residence address of any shareholders, members,
or partners of any entity applying for the operating permit;
(5)
The name of the business;
(7)
The proposed fare to be charged per ride;
(8)
A list of each authorized pedicab driver, including name, address,
the length of time such driver has been a resident of Michigan, date
of birth, and certification that the driver has completed the required
training program established in this article;
(9)
If a proposed pedicab driver does not have a valid current Michigan
driver's license, the applicant shall provide a background check
(showing traffic citations as well as criminal history) for such driver
and the background check shall be current within 30 days of the filing
of the application;
(10)
A description of the pedicab, including trade name, if any,
serial number and body style; and
(11)
Such other material as the City Clerk may require.
(b)
If the applicant is a corporation, limited liability company, copartnership,
or other such business entity, the person who will act as the principal
in charge of the business to be licensed shall sign the application
and all of the owners of the business entity shall meet all of the
requirements for individual applicants.
[Ord. No. 1562, 3-23-2011]
(a)
Upon the filing of the application for an operating permit, the City
Clerk shall review and evaluate the application. In determining whether
a permit should be issued, the City Clerk shall evaluate whether the
application and the applicant meet all of the following:
(1)
Whether the proposed activities comply with all of the provisions
of this article and the code;
(2)
Whether the proposed activities involve the safe use of the
streets by the public for vehicles and pedestrians;
(3)
Whether the applicant has not previously violated two or more
provisions of this article or the code.
(b)
The Department of Public Safety shall review the application to determine
if it satisfies the requirements in this article.
(d)
The City Clerk shall approve, deny, or approve with conditions an
application which is complete for an operating permit within 30 days
of it being filed.
[Ord. No. 1562, 3-23-2011]
[Ord. No. 1562, 3-23-2011]
The City shall charge a nonrefundable fee to recover the cost
of activities associated with the administration, regulation, and
issuance of decals and operating permits. The fee shall be determined
annually by resolution of the City Council.
[Ord. No. 1562, 3-23-2011]
(a)
It is unlawful for any owner to lease, rent, or allow a pedicab to
be operated for hire without first having obtained a decal issued
by the City. The decal shall be affixed in a manner prescribed by
the City. Each pedicab shall have a unique, nontransferable vehicle
identification number, at least four inches in height, visible on
both sides of the vehicle.
(b)
Before allowing a pedicab to be operated for hire, owners shall have
a decal and identification number.
(c)
The decal form shall be prescribed by the City.
[Ord. No. 1562, 3-23-2011]
(a)
Pedicabs are only permitted to be driven or operated in the City
of Holland on streets, highways or thoroughfares described on a map
that is approved by the City Council.
(b)
If a pedicab owner desires that a person drive a pedicab and such person was not listed in the application described above, the owner will submit the information provided for in Section 34-40(a)(8) to the City Clerk. The City Clerk shall review the information as provided previously and approve or deny such request.
(c)
No person under the age of 18 shall operate a pedicab.
(d)
No person shall drive or operate a pedicab unless that person has
a current valid driver's license.
(e)
No person shall operate, or cause to be operated, a pedicab in an
unsafe condition.
(f)
All pedicab drivers are subject to all applicable traffic safety
laws, rules, and regulations of the City of Holland and the State
of Michigan.
(g)
All pedicab drivers shall wear respectable attire and a shirt that
includes the name of the pedicab owner.
(h)
Pedicabs are not permitted to park on streets, highways or thoroughfares
except as follows:
(1)
The Public Safety Director or its designee may designate a portion
of streets, highways or thoroughfares as "pedicab stand," for the
parking of pedicabs. The Mainstreet Downtown Development Authority
or the Principal Shopping District may designate pedicab stands for
the 8th Street to Kollen Park Drive areas.
(2)
A single pedicab may park temporarily at the curb or on a sidewalk
only as long as necessary for passengers to board and exit the vehicle.
(3)
In all cases, pedicabs shall be parked in a location that does
not impede pedestrian or vehicular traffic.
(i)
Fares must be established and provided with application and if rates
are changed they must be reported to the City Clerk's office.
(j)
No person shall use or allow any pedicab to be used for any illegal
purpose. No person shall use or permit or allow any pedicab to be
used in, or to aid or abet, any illegal act.
(k)
No person shall operate or knowingly permit any other person to operate
any pedicab under the influence of intoxicating liquor, any controlled,
exhilarating or stupefying substance or of any combination of substances
mentioned herein.
(l)
No person shall operate a pedicab when the number of passengers exceeds
the number of available seats. No person shall operate a pedicab unless
all passengers are seated in a seat designed for that purpose and
using the seatbelt provided for in the seat.
(m)
Each pedicab owner shall adopt and operate a system for the collection,
storage and return of personal property left in a pedicab.
[Ord. No. 1562, 3-23-2011]
(a)
All pedicab owners must have each pedicab vehicle inspected by the
Department of Public Safety prior to operation. All pedicab vehicles
must be constructed for and have the structural integrity to support
pedicab operations. Each pedicab vehicle must be equipped with the
following:
(1)
Front and rear turn signals;
(2)
Headlights;
(3)
Taillights;
(4)
Rearview mirror;
(5)
A bell or horn;
(6)
Seatbelts for passengers;
(7)
Reflectors placed on each wheel and at each corner of the body
of the pedicab;
(8)
A proper braking system; and
(9)
Any other equipment required to comply with all applicable federal
and state laws.
(10)
A pedicab must not have any cracks, broken or missing parts,
or other visible damage. All wheels must be firmly attached to the
hub of a vehicle and all springs, axles, and supporting structures
of each pedicab vehicle must be intact.
(b)
Each pedicab driver at all times shall keep each pedicab vehicle
clean and free of refuse and in safe operating condition. Prior to
the operation of any pedicab and at the beginning of each shift or
each day of operation, the pedicab driver shall thoroughly inspect
the pedicab for safe operating conditions and shall maintain records
of such inspection if required by the City. For any condition found
then or at any other time that will prevent the safe operation of
the pedicab, the pedicab driver shall immediately remove the pedicab
from service and correct the condition before the pedicab is in operating
service.
(c)
Each pedicab shall have a unique, nontransferable vehicle identification
number at least four inches in height visible on both sides of the
vehicle.
(d)
Each pedicab owner shall prepare a training program for pedicab drivers
covering, at a minimum, the safe operation of pedicab vehicles, customer
service policies, and the requirements of this chapter.
(e)
Each pedicab owner shall maintain at all times a policy of liability
insurance in the minimum amount of $1,000,000 for personal injuries,
and property damage. The policy shall directly protect the City of
Holland, its officials, officers, members, volunteers, sponsors, directors,
employees, and agents as additional named insureds, and shall provide
that the insurance be primary insurance and that no other insurance
purchased by the City will be called on to contribute to a loss covered
by said policy. The policy shall further provide 10 days' notice
of cancellation or material change to the City's designated agent.
Evidence of insurance coverage is required before any permit is issued.
Prior approval of the City of Holland is required. Each owner and
pedicab driver shall further agree to hold the City harmless for any
liability or claim arising out of his or her operation that is not
covered by the required insurance.
(f)
If a pedicab vehicle is involved in an accident or collision, the
pedicab driver shall immediately notify the pedicab owner and the
Department of Public Safety and remain at the scene until the police
investigate the accident or collision. The pedicab owner shall submit
a full written report on the condition of the pedicab vehicle to the
Department of Public Safety within 72 hours after the occurrence.
Before operating the pedicab vehicle again, the pedicab owner shall
have the vehicle reinspected by the Department of Public Safety for
safety.
(g)
Each pedicab owner must file a business information card with the
Department of Public Safety prior to operation.
[Ord. No. 1562, 3-23-2011]
(a)
Operating permits or decals may be denied, suspended or revoked by
the City based upon any of the following grounds:
(1)
The pedicab owner or a pedicab driver fails or has failed to
comply with any provisions of this chapter.
(2)
A pedicab driver has been convicted of any felony; any misdemeanor
or felony reckless driving or driving under the influence offense;
or any crime reasonably related to the qualifications, functions,
or duties of the passenger transport business or the ability of the
pedicab driver to safely transport passengers; unless five years has
elapsed from the successful completion of the sentence for any such
conviction.
(3)
A pedicab driver has been convicted of a crime that requires
registration under the Michigan Penal Code as a sex offender.
(4)
A pedicab driver or the pedicab owner has knowingly made a false
statement of material fact, or knowingly failed to state a material
fact in the application process for the operating permit or decal.
(5)
A pedicab driver's ability to drive lawfully in Michigan
or in any other state is currently expired, suspended or revoked.
(6)
A pedicab driver has engaged in
activity that, in the judgment of the City Clerk, constitutes a serious
threat to public health, safety, or welfare. Such threat may be indicated
by, but is not limited to:
(i)
An arrest for driving under the influence of alcohol or a controlled
substance while operating a pedicab;
(ii)
An arrest for a crime that, if convicted, would require registration
as a sex offender, and where a pedicab was used in the planning of,
perpetration of, or fleeing from the offense;
(iii)
A report from a law enforcement agency that the
pedicab or pedicab driver was involved in a vehicle accident involving
a pedicab, where the pedicab passengers were injured.
[Ord. No. 1562, 3-23-2011]
(a)
Any operating permit issued by the City may be suspended or revoked
by the issuing officer for cause as herein defined. In either case,
a hearing shall be scheduled to be held by the City Manager or the
City Manager's designee. Depending upon the necessity for prompt
action, the hearing shall be held in accordance with one of the following
provisions:
(1)
If there is no immediate threat to the public health, safety
or welfare, the hearing shall be held to determine whether the operating
permit should be suspended or revoked. The holder of the operating
permit shall be notified of the time, date and place of the hearing
and shall be notified of the reason or reasons for the proposed suspension
or revocation. The operating permit holder shall be entitled to be
represented by counsel, to submit evidence, to cross-examine testifying
witnesses, and to make arguments concerning the factual and legal
issues. The hearing officer or body shall render a written decision
stating the reasons for the decision.
(2)
If there is an immediate threat to the public health, safety
or welfare, the operating permit may be suspended prior to the hearing.
If an operating permit is suspended prior to the hearing, the hearing
shall be commenced as soon as it is practical, but in no case more
than 10 days after the suspension. The hearing shall be held to determine
whether to terminate or extend the suspension or whether the suspension
should be converted into a revocation of the operating permit. The
holder of the operating permit shall be notified of the time, date,
and place of the hearing and shall be notified of the reason or reasons
for the already-imposed suspension and for any contemplated future
action. The operating permit holder shall be entitled to be represented
by counsel, to submit evidence, to cross-examine testifying witnesses,
and to make arguments on factual and legal issues. The hearing officer
or body shall render a written decision stating the reasons for the
decision.
(b)
In any hearing held pursuant to the provisions of this article, the
rules of evidence shall be followed as far as practicable, but a hearing
officer or body may admit and give probative effect to evidence of
a type commonly relied upon by reasonably prudent people in the conduct
of their affairs. Irrelevant, immaterial or unduly repetitious evidence
may be excluded. Notice may be taken of facts within the general knowledge
of the community.
(c)
Any person seeking to appeal the decision of the City Manager or
other appropriate hearing officer or body may appeal to the City Council,
provided that a written request for such an appeal shall be filed
within seven days of the date of the decision to be appealed. The
City Council shall schedule a hearing on the appeal within 14 days
of the receipt of the request for appeal by the City Clerk. The hearing
shall be scheduled and held before the entire City Council, as the
City Council shall determine. The factual record made in the hearing
below shall constitute the basic record for the appeal. The City Council
may, but need not, allow the presentation of additional evidence by
a majority vote. Argument as to relevant factual and legal issues
shall be permitted. The decision of the City Council shall be by majority
vote. The Council may affirm, reverse or modify any action taken relative
to a license. The decision of the City Council shall be final.
[Ord. No. 1562, 3-23-2011]
A Public Safety Department officer who has reasonable cause
to believe that a person is or was operating a pedicab upon a public
highway or other place open to the public or generally accessible
to a pedicab, including an area designated for the parking of vehicles,
and that the person by the consumption of alcoholic liquor may have
affected his or her ability to operate a pedicab may require the person
to submit to a preliminary chemical breath analysis. A pedicab driver's
refusal to take or failure to properly take a preliminary chemical
breath analysis as required by this section is a violation of this
Code.
[Ord. No. 1562, 3-23-2011]
Any violation of this article shall be a municipal civil infraction as provided for in Chapter 2 of this Code.
[Ord. No. 1562, 3-23-2011]
This article was adopted as an emergency ordinance by the City Council of the City of Holland pursuant to Section 5.4 of the Holland City Charter, and shall be effective upon the date of adoption.
