[HISTORY: Adopted by the Common Council of the City of Hudson 10-7-2013 by Ord. No. 6-13. Amendments noted where applicable.]
As used in this chapter, the following terms shall mean:
- COMMERCIAL PEDAL TOUR QUADRICYCLE
- A pedal tour quadricycle is a four- or more wheeled bicycle-like vehicle that is human powered by pedaling that transports passengers on bicycle-like seats and is propelled by five or more passengers, not including the operator. A pedal tour quadricycle may have a maximum length of 20 feet, a maximum width of eight feet six inches and a maximum height of 12 feet. A pedal tour quadricycle may be motor assisted.
- COMMERCIAL PEDAL TOUR QUADRICYCLE BUSINESS
- The business of operating one or more commercial pedal tour quadricycle(s) for profit or not for profit.
- COMMERCIAL PEDAL TOUR QUADRICYCLE DRIVER
- Any person who is responsible for the safe operation of a commercial pedal tour quadricycle, including but not limited to the steering and braking and maintaining compliance with all state and local traffic regulations.
- COMMERCIAL PEDAL TOUR QUADRICYCLE DRIVER'S LICENSE
- A license granted in accordance with this chapter.
- 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.
No person shall engage in the activity of the operating of a commercial pedal tour quadricycle business without a license as required under this chapter.
No person shall operate a commercial pedal tour quadricycle without a commercial pedal tour quadricycle driver's license as required under this chapter.
The annual fee for a commercial pedal tour quadricycle business license shall be as established in the license fee schedule and based on the number of commercial pedal tour quadricycle in operation on the streets at any time during the license year.
The annual fee for a commercial pedal tour quadricycle driver's license shall be as established in the license fee schedule.
Licenses issued under this chapter shall be from July 1 through June 30 yearly.
All commercial pedal tour quadricycle(s) shall be assigned a number or number series by the City Clerk's office. The number assigned shall be displayed at least two inches to the right of the rear left-hand turn signal but no further than the center of the commercial pedal tour quadricycle 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 commercial pedal tour quadricycle.
Application for a pedal tour quadricycle business license under this chapter shall be made on forms provided by the City Clerk's office and shall contain information 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, under oath.
The experience of the applicant in the transportation of passengers.
The number of pedal tour quadricycles 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 pedal tour quadricycle business in the City of Hudson as the City of Hudson may require.
Application for a pedal tour quadricycle driver's 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, 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 pedal tour quadricycle driver shall meet and maintain the following requirements in order to hold a pedal tour quadricycle driver's license:
Possess a valid Wisconsin automobile 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.
Any time that a pedal tour quadricycle licensee's automobile driver's license is suspended, revoked, or canceled, his or her pedal tour quadricycle driver's license shall likewise be immediately suspended, revoked or canceled. The pedal tour quadricycle driver's license shall immediately be surrendered to the City Clerk until such time his or her driver's license is reinstated, at which point the person may reapply to the City for a pedal tour quadricycle driver's license.
No pedal tour quadricycle business or pedal tour quadricycle 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 pedal tour quadricycle business license shall be issued or renewed without proof of general liability insurance covering each pedal tour quadricycle in the minimum amount of $2,000,000. Such policy of insurance shall be issued by an insurance company authorized to do business in the State of Wisconsin and shall identify each pedal tour quadricycle covered by the policy. No license shall be issued until the applicant provides proof of insurance in compliance with this section and satisfactory to the City.
All commercial pedal tour quadricycle businesses shall operate tours only from approved commercial locations on private property approved by the City. These sites shall be used by the licensed business as the locations for patrons to gather and assemble prior to embarking on a commercial pedal quadricycle tour and to disembark at the conclusion of the tour. Approved sites shall provide patron access to restroom facilities and a minimum of three off-street customer parking spaces per pedal tour quadricycle operated from the site. Any approved assembly site located in the Downtown Business District shall be exempt from the restroom facilities and the customer parking requirements.
The pedal tour quadricycle shall operate only on routes approved by the Hudson Police Department and Park Board and approved by the Common Council.
The City shall require an initial and annual pedal tour quadricycle inspection to be done by a certified mechanic and may designate minimum safety standards for equipment and body defects. Pedal tour quadricycles that do 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 a certified mechanic.
Periodic inspections. The City shall have the right to examine and inspect any licensed commercial pedal tour quadricycle at any reasonable time in order to ensure compliance with all applicable ordinances, laws and rules.
In-operation inspections. If an inspector finds a commercial pedal tour quadricycle in operation exhibiting continuing and present safety concerns, the commercial pedal tour quadricycle may be immediately ordered out of service until necessary repairs are made or the safety concerns are resolved. Qualifying safety concerns may include but are not limited to failure to abide by applicable ordinances, laws or rules, flat tires, inoperable headlights or taillights, or other mechanical or operational issues making the vehicle presently unsafe to operate.
Hours of operation shall be limited to 10:00 a.m. to 10:00 pm.
Every commercial pedal tour quadricycle 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 commercial pedal tour quadricycle shall be operated or parked on a public sidewalk.
No commercial pedal tour quadricycle shall use any public street or other public property as a waiting area unless such area is a legal motor vehicle parking area or as permitted pursuant to this Code.
No commercial pedal tour quadricycle driver shall consume any alcoholic beverages while on duty or operate a commercial pedal tour quadricycle while impaired in any manner to any threshold provided by Wisconsin law.
All commercial pedal tour quadricycles shall be clean and maintained in a good state of repair. All commercial pedal tour quadricycles shall be maintained by the commercial pedal tour quadricycle business so as to be well painted and have an appearance free of damage or deterioration and a safe operational condition. Commercial pedal tour quadricycles shall be, at all reasonable times, subject to inspection by the City Police Department, the Department of Public Works and Parks, or their designees.
All commercial pedal tour quadricycles shall display a valid license decal conspicuously displayed, issued by the City.
All commercial pedal tour quadricycles shall have the trade name and phone number of the licensee conspicuously displayed on the pedal tour quadricycle.
Commercial pedal tour quadricycle drivers shall have in their possession proof of insurance, valid state driver's license and a commercial pedal tour quadricycle driver's license issued by the City of Hudson while in control of any commercial pedal tour quadricycle and shall operate the pedal tour quadricycle in compliance with all applicable federal, state, and local traffic laws, ordinances, or other applicable regulations and in a manner so as to assure the safety of persons and property. These documents shall be made available upon request of law enforcement, the City compliance Officer or their designees.
All commercial pedal tour quadricycle drivers shall obey and comply with any lawful order or direction of any police officer, traffic control agent, or license 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 commercial pedal tour quadricycle driver shall permit more passengers to be carried in a commercial pedal tour quadricycle than the commercial pedal tour quadricycle's normal seating capacity, and no more than two persons in addition to the driver may be in the center aisle while the vehicle is in motion.
No commercial pedal tour quadricycle driver shall allow a passenger or other individuals to drive their commercial pedal tour quadricycle unless that individual also holds a commercial pedal tour quadricycle driver's license.
Commercial pedal tour quadricycles may operate on Hudson park property only with prior written approval from the Park Board and the Common Council.
No glassware of any kind shall be allowed on a commercial pedal tour quadricycle, including but not limited to bottles, receptacles or drinking glasses.
No music or amplified sound shall be played, other than tour-type information relating to the City of Hudson landmarks, history, amenities. There shall be no yelling or conversation conducted in such a manner that the sound carries to nearby residences or properties and is audible above the level of conversational speech at a distance of 50 feet or more from the point of origin of the sound.
No alcoholic beverages may be consumed by passengers of a commercial pedal tour quadricycle.
It is the responsibility of the commercial pedal tour quadricycle driver to properly dispose of all trash.
A commercial pedal tour quadricycle driver must be properly attired with a shirt, pants, skirt or shorts and secure footwear.
A commercial pedal tour quadricycle driver shall not stop to load or unload passengers or their belongings in the intersections of any street, in a crosswalk or in any manner or other location that would be considered unsafe. No commercial pedal tour quadricycle driver 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 commercial pedal tour quadricycle driver to allow or cause to be operated a pedal car in any unsafe manner or operating condition.
No pedal tour quadricycle driver shall have in his or her possession a lighted cigarette, cigar or pipe while driving a pedal tour quadricycle which is occupied by a passenger.
No pedal tour quadricycle driver shall text or use a cell phone or any similar type of personal electronic device while driving a pedal tour quadricycle.
It is the responsibility of the commercial pedal tour quadricycle driver to actively and affirmatively manage the behavior of the passengers of the commercial pedal tour quadricycle so that that their behavior remains law abiding during the excursion, both while the pedal tour quadricycle is in motion and at a stop. Behavior which shall be prohibited and prevented includes specifically, but is not limited to, violations of state law and local ordinances regarding indecent exposure, disorderly conduct, public urination and littering.
Any commercial pedal tour quadricycle not in compliance with the minimum requirements of this chapter may be cited and placed immediately out of service. Any vehicle which has been so removed from service shall not be returned to service until such vehicle has been approved by the Department of Licenses and Consumer Services for resumption of service.
No commercial pedal tour quadricycle owner or driver shall operate or allow the operation of a commercial pedal tour quadricycle on any street unless the commercial pedal tour quadricycle meets the following equipment and safety standards:
Tires. Tires shall be of a size appropriate for the vehicle with no mismatched tires per the design of the vehicle. There shall be no cuts to the tire, localized worn spots that expose the ply, or visible tread wear indicators.
Operational horn. The commercial pedal tour quadricycle shall be equipped with a fully operational horn or bell.
Brakes. It shall be unlawful to operate, or cause to be operated, a commercial pedal tour quadricycle that is not equipped with a front and rear braking system capable of being manipulated by the driver from the driver's normal position of operation and capable of causing a commercial pedal tour quadricycle with a loaded passenger compartment to come to a complete stop in a linear path of motion when each wheel of the vehicle is in contact with the ground on dry, level, clean pavement. The braking system controlling the rear wheels shall be a hydraulic disc braking system, which are unaffected by rain or wet conditions. An emergency brake shall also be provided in addition to the hydraulic disc braking system.
Headlights, taillights, mirrors, turn signals, and other requirements. Every commercial pedal tour quadricycle 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 or a wide-angle rearview mirror affixed to the pedal tour quadricycle to reflect to the driver a view of the street for a distance of at least 200 feet from the rear of the pedal tour quadricycle.
A red light and brake light affixed to the rear of the pedal tour quadricycle car which must be visible for a distance of at least 200 feet from the rear of the pedal tour quadricycle and must be illuminated at all times during darkness. Turn signals must be affixed to the front and rear of the vehicle.
All pedal tour quadricycles shall have reflectors on the frame and a red reflector mounted on each side of the rear of the vehicle, at least one inch from the outer edge and centered. In addition, the international slow-moving triangle must be displayed on the rear of the pedal tour quadricycle.
Advertisements shall not be allowed on the manufactured body of the commercial pedal tour quadricycle other than the name of the pedal tour business. 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 pedal car.
Every licensed pedal tour quadricycle business shall:
Take affirmative measures to ensure that all of its owners and drivers comply with the terms of this chapter.
Be responsible for making sure that all pedal tour quadricycles are operated by a pedal tour quadricycle driver with a valid pedal tour quadricycle driver's license issued under this chapter.
Ensure that no pedal tour quadricycle 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, the Public Works and Parks Department, the Police Department, or any other City official.
Promptly report any and all accidents involving pedal tour quadricycles operating in Hudson to the Hudson Police Department.
Every licensed pedal tour quadricycle company shall be deemed the agent of service of all notices, orders, and other correspondences from the City of Hudson to pedal tour quadricycle 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.
Each section, provision, or portion thereof of this chapter is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
This chapter shall become effective after adoption and publication as required by law.