[HISTORY: Adopted by the Common Council of the City of Hudson 7-15-2013 by Ord. No. 4-13. Amendments noted where applicable.]
As used in this chapter, the following terms shall mean:
- Any time from one-half hour after sunset to one-half hour before sunrise or any time when visibility is obstructed by elements such as fog, rain or snow.
- A nonmotorized three-wheel bicycle that transports or is capable of transporting passengers on attached seats. A pedalcab is not power assisted. A pedalcab shall not exceed 120 inches in length and 66 inches in width.
- PEDALCAB BUSINESS
- The business of operating one or more pedalcabs for the recreational or physical transportation of the general public for profit, not-for-profit, or as a free service accepting tips or displaying advertising.
- PEDALCAB DRIVER
- Any person who operates, drives, or propels a pedalcab.
- PEDALCAB DRIVER'S LICENSE
- A license granted in accordance with this chapter.
- PEDALCAB TRAILER
- A two-wheeled vehicle no wider than 55 inches and capable of carrying a maximum of three passengers and securely attached and locked to the pedalcab vehicle. Children aged 12 and under are not allowed to ride in a trailer unless accompanied by an adult.
- PREARRANGED PEDALCAB SERVICES
- Pedalcab service for events such as weddings, group transportation, downtown tours or similar events which are prearranged with the pedalcab company.
- Any street or roadway under the jurisdiction of the City.
- Every device in, upon, or by which any person is or may be transported or drawn upon a highway or street.
The annual fee for a pedalcab business license shall be as established in the license fee schedule for each pedalcab in operation on the streets at any time during the license year.
The annual fee for a pedalcab driver's license shall be as established in the license fee schedule for each pedalcab driver in operation on the streets at any time during the license year.
Licenses issued under this chapter shall expire on June 30 of each year.
All pedalcabs shall be assigned a number or number series by the City Clerk's office. The number assigned shall be displayed on the rear side of the pedalcab and shall be a minimum of three inches in height and in a contrasting color that does not blend into the paint color of the pedalcab. All trailers attached to a pedalcab shall display the same number of the pedalcab so attached on the trailer.
Application for a pedalcab business license under this chapter shall be made on forms provided by the City Clerk and shall contain such information as the City may require, including:
The full name, address and telephone number of the applicant; whether the applicant is a natural person, partnership, corporation or unincorporated association; the names and addresses of all partners, if a partnership, or of all officers and directors, if a corporation.
If the applicant is a natural person, the date of birth and driver's license number of the applicant. If the applicant is a partnership or corporation, then the date of birth and driver's license numbers of the partners (if a partnership) or officers of the corporation (if a corporation).
If an applicant is an out-of-state corporation, the applicant shall provide proof that it has a certificate of authority to do business in Wisconsin under W.S.A. Ch. 180 and shall provide the name, address, and telephone number of the corporation's appointed local agent for service of process.
The license application shall be signed by the applicant under oath. For partnerships, one of the partners shall sign under oath; for corporations, the application shall be signed by a duly elected officer of the corporation.
The experience of the applicant in the transportation of passengers.
The number of pedalcabs to be operated or controlled by the applicant, and the location of proposed depots or terminals and written permission from the property owner where such depots or terminals will be located.
No license shall be issued until the applicant presents a certificate of insurance and any necessary endorsements showing insurance as required under this chapter.
Such further information relating to operation of a pedalcab in the City of Hudson as the City of Hudson may require.
Application for a pedalcab driver's license under this chapter shall be made on forms provided by the City Clerk and shall contain such information as the Clerk may require, including:
The full name, address, telephone number, date of birth, and driver's license number of the applicant.
The experience of the applicant in the transportation of passengers.
The educational background of the applicant.
A concise history of the applicant's prior employment.
Such further information as the City may require.
Every pedalcab driver shall meet and maintain the following requirements in order to hold a pedalcab driver's license:
Possess a valid Wisconsin driver's license or a valid driver's license from his or her home state. Those with out-of-state driver's licenses must not have a currently canceled, revoked or suspended driver's license. Those with out-of-state driver's licenses, must provide a certified copy of their driving and criminal history from their home state.
Be a minimum of 18 years old.
Shall not have an arrest or conviction record, subject to W.S.A. §§ 111.321, 111.322, and 111.335.
No pedalcab business or pedalcab driver's license shall be issued if the applicant is delinquent in the paying of any taxes, assessments, forfeitures, or fines for violations of City ordinances, utility bills or other claims owing to the City.
No pedalcab license shall be issued or renewed without proof of general liability insurance in the minimum amount of $1,000,000. No license shall be issued until the applicant provides proof of insurance in compliance with this section and satisfactory to the City.
The City shall require an annual pedalcab inspection and may designate minimum safety standards for equipment and body defects. Pedalcabs found to not meet minimum inspection standards may be identified as "out of service" and shall not operate until such defects have been repaired and approved by the director his or her designee.
Every pedalcab shall be operated in compliance with all applicable federal, state and local traffic laws and in a manner so as to assure the safety of persons and property.
No pedalcab shall be operated upon a public sidewalk or other City property where the operation of a pedalcab is prohibited. Pedalcabs shall not be operated on Third Street between Walnut and Blakeman Drive; on 7th Street hill between Laurel Avenue and Vine Street, and on Vine Street between 1st Street and 2nd Street.
No pedalcab shall use any public street or other public property as a waiting or parking area unless such area is a legal motor vehicle parking area or in an established pedalcab stand.
No pedalcab driver shall consume an alcoholic beverage while on duty or allow any passenger of the pedalcab to drink or consume alcoholic beverages or to possess an open container of alcoholic beverages.
All pedalcabs shall be clean and maintained in a good state of repair. All pedalcabs shall be maintained by the company so as to be well painted and have a damage- or deterioration-free appearance and in safe operational condition. Pedalcabs shall be, at all reasonable times, subject to inspection by the City Police Department or its designee.
All pedalcabs shall display a valid license decal, centered on the rear of the pedalcab vehicle or between the turn signals, issued by the City Clerk, and the name and phone number of the licensee, and the schedule of the rates or fees charged for passenger services shall be posted on the cab.
Pedalcab drivers shall have in their possession a valid driver's license, proof of insurance and a pedalcab driver's license while in control of any pedalcab and shall operate the pedalcab in compliance with all applicable federal, state, and local traffic laws.
All pedalcab operators shall obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector and shall refrain from the use of any profane language or from interference with such officials while in the performance of their duties.
No pedalcab driver shall have in his or her possession a lighted cigarette, cigar, or pipe while driving a pedalcab which is occupied by a passenger.
No pedalcab driver shall text or use a cell phone in any way while driving the pedalcab.
A pedalcab driver's license issued under this chapter shall be coterminous with the licensee's driver's license. Any time that a licensee's driver's license is suspended, revoked, or canceled, his or her pedalcab driver's license shall likewise be immediately suspended, revoked, or canceled. The pedalcab driver's license shall immediately be surrendered to the City Clerk until such time his or her driver's license is reinstated.
No pedalcab driver shall permit more than three passengers to be carried in a pedalcab except that passengers weighing 40 pounds or less may be seated on the lap of a passenger who occupies a permanently affixed seat, and at no time shall the driver allow any passenger to ride in any area of the pedalcab that was not specifically designed as a seat. No more than three passengers shall be allowed in any affixed trailer, except that passengers weighing 40 pounds or less may be seated on the lap of a passenger who occupies a permanently affixed seat.
At no time shall anyone other than a licensed pedalcab driver be allowed to operate the pedalcab.
At no time shall a pedalcab driver play or allow the playing of any amplified sound equipment.
Pedalcab drivers must be properly attired with a shirt, pants or shorts and secure footwear.
Pedalcab drivers shall not stop to load or unload passengers or their belongings in the intersections of any street, in crosswalks or in any manner or other location that would be considered unsafe. No pedalcab shall load or unload in any such manner that will in any way impede or interfere with the orderly flow of traffic on the streets.
It shall be unlawful for any pedalcab owner or driver to allow or cause to be operated a pedalcab in any unsafe manner or operating condition.
In the event that a passenger leaves an article in the pedalcab, the driver shall immediately attempt to return it. If the driver is unable to immediately return the article, it shall be turned in to the pedalcab company office at the end of the driver's shift or the first available opportunity.
No pedalcab owner or driver shall operate or allow the operation of a pedalcab on any street unless the pedalcab meets the following equipment and safety standards:
Tires. Tires shall be of a size appropriate for the pedalcab with no mismatched tires. There shall be no cuts to the tire, localized worn spots that expose the ply, or visible tread wear indicators.
Operational horn. The pedalcab shall be equipped with a fully operational horn or bell.
Brakes. It shall be unlawful for a licensee to operate, or cause to be operated, a pedalcab that is not equipped with a front and rear braking system capable of being manipulated by the licensee from his normal position of operation and is capable of causing a pedalcab with a loaded passenger compartment to come to a complete stop within a distance of 15 feet from a speed of 10 miles per hour in a linear path of motion when each wheel of the pedalcab is in contact with the ground on dry, level, clean pavement. The braking system controlling the rear wheels shall be hydraulic or mechanical disc or drum brakes which are unaffected by rain or wet conditions.
Headlights, taillights, mirrors, turn signals, and other requirements. Every pedalcab shall be equipped with the operational equipment set forth in the subsections below:
A headlight capable of projecting a beam of white light for a distance at a minimum of 300 feet which shall be clearly visible during darkness and must be illuminated at all times during darkness.
A side-mounted mirror affixed to the pedalcab to reflect to the pedalcab driver a view of the street for a distance of at least 200 feet from the rear of the pedalcab.
A red taillight and brake light affixed to the rear of the pedalcab which must be visible for a distance of at least 500 feet from the rear of the pedalcab and must be illuminated at all times during darkness. Turn signals must be affixed to the front and rear of the vehicle.
All pedalcabs shall have reflectors on each pedal, the front of the pedalcab frame, mounted on the spokes of each wheel, and a red reflector mounted on each side of the rear of the pedalcab, at least one inch from the outer edge and centered.
No more than one trailer may be attached to any pedalcab. All attached trailers must be equipped with turn signals and red taillights.
No advertisements, other than the name of the pedalcab business, shall be allowed on the manufactured body of the pedalcab. No banners, poles, flags, detached signs, or any other addition or object will be permitted. No amplified sound for the purpose of advertising or solicitation for passengers shall be allowed on a pedalcab.
Every licensed pedalcab company shall:
Take affirmative measures to insure that all of its owners and drivers comply with the terms of this chapter.
Be responsible for making sure that all pedalcabs are operated by a pedalcab driver with a valid pedalcab driver's license issued under this chapter.
Insure that no pedalcab is operated in unsafe mechanical condition or continues to operate after it has been ordered out of service.
Promptly respond to all requests for information from the City Clerk, City Police Department or other City departments.
Promptly report any and all accidents involving pedalcabs operating in Hudson to the Hudson Police Department and Hudson City Clerk.
Every licensed pedalcab company shall be deemed the agent for service of all notices, orders, and other correspondence from the City of Hudson to pedalcab drivers operating under its company license.
In addition to all other penalties, any violation of the terms of this chapter shall be grounds for revocation, suspension, or nonrenewal of the license provided for in this chapter.
This chapter shall become effective after adoption and publication as required by law.