[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 8-4-2015. Amendments noted
where applicable.]
The purposes of this chapter are to regulate the pedalbus industry;
to set basic safety standards, operating procedures and insurance
requirements; to accommodate another low-emission means of transportation
while enhancing the passenger experience; and to promote the general
health, safety and welfare.
In this chapter, unless the context otherwise requires a different
meaning:
A device with:
The period between sunset and sunrise.
The person in physical control of a pedalbus.
A person who owns or holds an ownership interest in a pedalbus.
A device that transports passengers, is powered by one or more individuals (with or without a helper motor), and that is not a pedicab as defined in Chapter 200 of the Code of the City of Saratoga Springs.
A prearranged agreement for service for a specific date,
time period, number of passengers, contact information, and/or any
other information relevant to the operation of the pedalbuses, made
in writing or over the company's website.
A vehicle that has the capacity to safely and efficiently
tow the pedalbus.
It is unlawful to operate a pedalbus without:
A.
Using two
lamps on the front that emit a constant white light to illuminate
a person or vehicle at least 50 feet to the front during nighttime.
B.
Using two
lamps on the front that emit a constant white light visible from at
least 500 feet to the front during nighttime.
C.
Having
two lamps on the front that emit a constant amber light visible from
at least 50 feet to the front during nighttime.
D.
Using a
New York State Department of Transportation-approved red reflector
on the rear visible from at least 50 to 300 feet to the rear when
the reflector is directly in front of lawful motor vehicle upper beams
during nighttime.
E.
Using a
lamp on the rear that emits a constant red light visible from at least
1,000 feet to the rear during nighttime.
F.
Having
a slow-moving vehicle emblem on the rear: a truncated equilateral
triangle at least 14 inches high with a red reflective border at least
1 3/4 inches in width and a fluorescent orange center.
G.
Front and
rear working directional signals.
H.
A braking
system capable of stopping the pedalbus safely.
I.
A mirror
located to reflect to the operator a view of the road at least 200
feet to the rear.
J.
A horn
audible from at least 50 feet away.
It is unlawful to operate a pedalbus that:
A.
Each pedalbus
owned and/or operated under a license shall be subject to inspection
at license application, license renewal, and at any other times reasonably
requested by the City's Code Enforcement Officers.
B.
It is unlawful
to operate a pedalbus that has:
(1)
Exposed
rust;
(2)
Ripped
upholstery or fabric;
(3)
Exposed
wood that is not in good condition;
(4)
Seats
that are not sturdy or properly secured to the pedalbus;
(5)
One
or more pedal wheels whose mechanisms are not working properly; and/or
(6)
The
lack thereof of any safety equipment mandated by this chapter.
A.
Owners/operators
must have the physical ability to move the pedalbus as needed if not
propelled by pedal power. The pedalbus must be moved by a vehicle
that has the capacity to tow the pedalbus in a safe and reasonable
manner and be insured for commercial automobile insurance.
B.
Owners/operators
must at all times comply with the New York State Vehicle and Traffic
Law when operating the pedalbus.
C.
No animal,
reptile, amphibian or birds shall be allowed as passengers while the
pedalbus is in operation.
D.
Owners/operators
shall be legally liable for the safety of all participants, occupants,
customers while the pedalbus is in operation.
E.
It is unlawful
for an operator to operate a pedalbus:
(1)
By
riding other than on or astride a permanent regular seat attached
to the pedalbus.
(2)
No
person shall be allowed to stand on any part of the pedalbus while
the pedalbus is in motion.
(3)
Carrying
more passengers than the number of seats available.
(4)
In
a manner that results in damage to public property.
(5)
In
a manner that results in colliding with a pedestrian.
(6)
Obstructing
pedestrian traffic on a sidewalk.
(7)
Equipped
with a siren, whistle or air horn.
(8)
With
any sound amplification system (other than a horn) which disturbs
the comfort of any person of reasonable sensibilities in the vicinity
of the operation of the pedalbus.
(9)
Without
a clearly visible manufacturer's serial or identification number on
the pedalbus.
(10)
Carrying
anything that prevents the operator from keeping at least one hand
on the steering wheel.
(11)
Knowingly
permitting another to attach his/her person, bicycle, coaster, sled,
toy vehicle, roller skates, skateboard, scooter or other rolling device
to the pedalbus.
(12)
With
any trailer or other rolling device attached to the pedalbus.
(13)
Knowingly
permitting passengers to smoke or possess or consume alcohol or any
illegal substances while riding the pedalbus. Each pedalbus shall
prominently display signage that indicates smoking, alcohol and/or
illegal drugs are expressly prohibited.
(14)
While
possessing or consuming alcohol, or while under the influence of alcoholic
beverages or controlled substances.
(15)
Between
10:00 p.m. and 7:00 a.m.
(16)
On
a street or alley that has been closed by the City to motor vehicles.
(17)
On
a street with a posted speed limit greater than 30 miles per hour,
except for crossing that street.
(18)
On
a street or public area that has been ordered closed to pedalbuses
by the Department of Public Safety.
(19)
Containing
signage that is prohibited by the Zoning Ordinance.
(20)
Left
unattended unless locked and with brakes activated.
A.
A pedalbus
may be parked only in compliance with New York State and City parking
regulations applicable to vehicles. Parking a pedalbus in a City-designated
bus stop, bus stand, taxicab stand or other public carrier stand is
prohibited.
B.
Pedalbuses
shall pick up and discharge passengers only in parking lots or similar
off-street areas shown on a map approved by the City Council, as may
be amended by the Council from time to time and placed on file in
the Department of Accounts, office of the City Clerk. The City's Traffic
Safety Division shall have authority to determine if an area is unsafe
for picking up and discharging passengers.
C.
The intentional
pickup or discharge of passengers anywhere other than the designated
parking lots or similar off-street area, or intentional use of an
area designated as unsafe, shall be cause for the revocation or suspension
of an owner's or driver's pedalbus license under this chapter.
A.
A pedalbus
may operate for previously reserved parties only, and may not solicit
or accept substitute or additional passengers at any time.
B.
Upon request,
the operator of a pedalbus shall show the reservation to a law enforcement
officer.
C.
The owner
must obtain all applicable tax and business licenses to operate a
pedalbus. A copy of the license(s) must be displayed on the pedalbus,
visible to passengers and the public.
A.
It is unlawful
for an operator to operate a pedalbus without having in possession
a valid New York State Class E driver's license and being at least
21 years old.
B.
It is unlawful
for an operator to fail to display the license or other required documents,
including the reservation and proof of insurance, to a law enforcement
officer or code enforcement officer upon request.
C.
The driver's
license of the operator may not be canceled, revoked or suspended
by the New York State Department of Motor Vehicles.
A.
The owner
shall maintain at all times a commercial general liability insurance
policy in the amount of at least $1,000,000 per occurrence and $2,000,000
annual aggregate, including personal injury, commercial automobile
insurance with a combined single limit of $1,000,000 and New York
State statutory workers' compensation and employers' liability insurance.
B.
The insurance
company issuing the policy shall be authorized to issue commercial
liability policies in New York State by the New York State Department
of Insurance.
C.
The policy
shall designate, by manufacturer's serial or identification number,
all pedalbuses and the commercial vehicle used to tow the pedalbus
in an emergency situation for which coverage is granted.
D.
The policy
shall insure the person named in the policy and any other person operating
the pedalbus with the express or implied permission of the named insured
against any liability arising out of the ownership, maintenance or
use of the pedalbus in New York.
E.
The policies
shall name the City as an additional insured on a primary and noncontributory
basis and as a certificate holder.
The Commissioner of Public Safety or his/her designee shall
be responsible for designating the routes for pedalbuses.
A.
The following
is required for an application for a pedalbus owner's license:
(1)
An
application for an owner's license under this chapter shall be filed
in the office of the City Clerk. The application shall be signed and
sworn to by the applicant and shall contain the following information:
(a)
The name, address, and telephone number of the company, and, if the
company is a partnership or operating under an assumed name, a certified
copy of the certificate of partnership or assumed name or names, and,
if the applicant is a corporation, the names and addresses of all
corporate officers and stockholders.
(b)
A publicly listed telephone number maintained by the company.
(c)
The name, home address, telephone number and date of birth of the
applicant and each driver who will drive the pedalbus and/or towing
vehicle for the applicant, and a copy of each driver's valid New York
State Class E motor vehicle driver's license.
(d)
Insurance.
[1]
The owner shall maintain at all times a commercial general liability
insurance policy in the amount of at least $1,000,000 per occurrence
and $2,000,000 annual aggregate, including personal injury, commercial
automobile insurance with a combined single limit of $1,000,000 and
New York State statutory workers' compensation and employers' liability
insurance. The insurance company issuing the policy shall be authorized
to issue commercial liability policies in New York State by the New
York State Department of Insurance. The policy shall designate, by
manufacturer's serial or identification number, all pedalbuses and
the commercial vehicle used to tow the pedalbus in an emergency situation
for which coverage is granted. The policy shall insure the person
named in the policy and any other person operating the pedalbus and/or
towing vehicle with the express or implied permission of the named
insured against any liability arising out of the ownership, maintenance
or use of the pedalbus in New York. The policy shall name the City
as an additional insured on a primary and noncontributory basis and
as a certificate holder.
[2]
A fully executed hold harmless agreement, in a form satisfactory
to the City, by which the applicant shall indemnify and save harmless
the City and its agents and employees from and against all claims,
damages, loss and expense (including but not limited to attorney's
fees) arising out of or resulting from the licensed activity, sustained
by any person or persons, provided that any such claims, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of property caused by the tortious
or negligent act or omission of the applicant, or the applicant's
employees, agents, or subcontractors.
(e)
Four color photographs (one of each side, front, and back) of each
pedalbus to be used by the applicant, and a description of each such
pedalbus, including length, width, colors and passenger capacity.
Detailed schematics must be provided for each vehicle.
(f)
Four color photographs (one of each side, front, and back) of each
towing vehicle to be used by the applicant and the New York State
Department of Motor Vehicles registration for each towing vehicle.
(g)
The full name, current home address, current phone number, and copy
of each towing vehicle operator's valid New York State driver's license.
(2)
The
Saratoga Springs Police Department shall investigate the applicant's
qualifications and background. The Police Department shall initiate
a criminal history record search through the State Division of Criminal
Justice Services (DCJS) by submitting the applicant's fingerprints
and required procedures fee, which shall be paid by the applicant.
The results of the criminal history record search shall be reviewed
by the Chief of Police, or by a member of the Police Department designated
by the Chief of Police.
B.
The following
is required for an application for a pedalbus driver's license:
(1)
An
application for a driver's license shall be filed in the office of
the City Clerk. The application shall be signed and sworn to by the
applicant and shall contain the following information:
(a)
Proof that the applicant is at least 21 years old.
(b)
Proof that the applicant is the holder of a valid New York State
Class E motor vehicle driver's license.
(c)
A copy of the applicant's driving record obtained from the New York
State Department of Motor Vehicles.
(d)
A statement that the applicant is in good health and not subject
to any infirmity of mind or body that might render the applicant incapable
or unfit to safely operate a pedalbus.
(e)
A statement that the applicant is able to communicate effectively
in English.
(f)
A statement that the applicant does not unlawfully use any drug or
controlled substance.
(g)
A set of the applicant's fingerprints, to be taken by the Saratoga
Springs Police Department
C.
The Saratoga
Springs Police Department shall be responsible for the investigation
the applicant's qualifications and background. The Police Department
shall initiate a criminal history record search through the State
Division of Criminal Justice Services (DCJS) by submitting the applicant's
fingerprints and required procedures fee, which shall be paid by the
applicant. The results of the criminal history record search shall
be reviewed by the Chief of Police, or by a member of the Police Department
designated by the Chief of Police.
D.
No driver's
license shall be issued to any applicant who fails to meet the standards
established in Article 23-A of the Corrections Law of the State of
New York.
E.
No driver's
license shall be issued to any applicant who has been convicted of
the crime of criminal sale of a controlled substance, in any degree
as established in the Penal Law.
Upon consideration of the factors listed in § 163-12 above, the Commissioner of Accounts may issue a license to the applicant. Each license shall expire on December 31 in the year issued. The Commissioner of Accounts shall have authority to impose reasonable conditions upon any license issued. The Commissioner may also refuse to issue a license to an applicant based upon a determination that the application is incomplete, or that it contains false information, or that the applicant fails to satisfactorily meet the requirements stated in those sections. Denial of an application shall be sent to the applicant, in writing, at the address indicated on the application by certified mail. Upon the applicant's written request, a hearing may be conducted at which the applicant may provide evidence that he or she should be issued a license.
It is unlawful for an owner to permit a pedalbus to be operated,
parked or maintained in violation of any of the provisions of this
chapter.
A.
A first
violation of this chapter may be punished by a fine of up to $150
per violation.
B.
A second
or subsequent violation of this chapter within one year of conviction
of a first violation may be punished, in addition to any other penalties
authorized by law, by a fine of up to $300 per violation and suspension
of the applicant's license or licenses issued under this chapter.
A.
Owner's
license.
(1)
Revocation
or suspension. An owner's license may be revoked or suspended, upon
due notice, by the Commissioner of Accounts for the following reasons:
(a)
The licensee becomes ineligible for a pedalbus owner's license under
the criteria embodied in Article 23-A of the Correction Law of the
State of New York.
(b)
The licensee permits the operation of a pedalbus by an operator not
licensed under the provisions of this chapter.
(c)
Violation of any provision of this chapter or any rule or regulation
established by the Commissioner of Accounts pursuant to this chapter.
(d)
The licensee engages in any other conduct which evidences his or
her inability to safely engage in the business of operating a pedalbus
or which evidences a disregard for public safety.
(e)
Failure to maintain appropriate insurance for all his/her licensed
pedalbuses as required by New York State law.
(f)
Failure to maintain appropriate insurance and registration for all
his/her towing vehicles as required by New York State law.
(2)
Procedure.
The following procedure(s) will be followed when revoking or suspending
a pedalbus owner's license:
(a)
A pedalbus owner against whom suspension or revocation is proposed
shall be sent written notice, by certified mail, to the address listed
on his or her application. Said notice shall state the reason for
the proposed suspension or revocation and shall state the date by
which the pedalbus owner may request a hearing, except that said date
shall not be more than 15 days after the date of the written notice.
Request for a hearing shall be in writing to the Commissioner of Accounts.
The hearing shall be held no later than 30 days following receipt
of the written request, unless the licensee requests an adjournment
of the hearing date. Failure to request a hearing by the date specified
shall result in a waiver of such hearing, and the suspension or revocation
shall then take effect.
(b)
Pre-hearing suspension. The license of a pedalbus owner against whom
suspension or revocation is proposed may be suspended immediately
as part of the issuance of the written notice, pending the hearing
and determination.
(3)
Any
such suspension or revocation shall be noted on the license, together
with a statement of the reasons thereof, and the pedalbus owner shall
be deprived of his or her pedalbus license by the Commissioner of
Accounts. Notice of such suspension or revocation shall be sent to
the licensee at the address listed on the application by certified
mail. A second suspension for the same reason he or she presents reasons
satisfactory to the Commissioner of Accounts in writing.
B.
Driver's
license.
(1)
Revocation
or suspension. A pedalbus driver's license may be revoked or suspended,
upon due notice by the Commissioner of Accounts, for the following
reasons:
(a)
The licensee becomes ineligible for a pedalbus license under the
criteria embodied in Article 23-A of the Correction Law of the State
of New York.
(b)
Violation of any provision of this chapter or any rule or regulation
established by the Commissioner of Accounts pursuant to this chapter.
(c)
A pedalbus driver's license shall be suspended or revoked automatically
during any period in which the pedalbus driver's New York State driver's
license is suspended, revoked, expired, or has any conditions attached
to it by the New York State Department of Motor Vehicles that prohibit
the licensee from driving or operating a pedalbus.
(d)
A pedalbus driver's license may be suspended upon the pedalbus driver's
arrest or conviction of a violation of any provision of § 1192
of the Vehicle and Traffic Law.
(e)
Any other conduct which evidences the inability of the driver to
safely operate a pedalbus or which evidences a disregard for public
safety.
(2)
Procedure.
The following procedure(s) will be followed when revoking or suspending
a pedalbus driver's license:
(a)
A pedalbus driver against whom revocation or suspension is proposed
shall be sent written notice thereof, by certified mail, at the address
listed on his or her application. Said notice shall state the reason
for the proposed suspension or revocation and shall state the date
by which the pedalbus driver may request a hearing, except that said
date shall not be more than 15 days after the date of the written
notice. Request for a hearing shall be in writing to the Commissioner
of Accounts. The hearing shall be held no later than 30 days following
receipt of the written request, unless the licensee requests an adjournment
of the hearing date. Failure to request a hearing by the date specified
shall result in a waiver of such hearing, and the suspension or revocation
shall then take effect.
(b)
Pre-hearing suspension. The license of a pedalbus driver against
whom suspension or revocation is proposed may be suspended immediately
as part of the issuance of the written notice, pending the hearing
and determination.
(3)
Any
such suspension shall be noted on the license, together with a statement
of the reasons thereof, and the pedalbus driver shall be deprived
of his or her pedalbus license by the Commissioner of Accounts. Notification
of such suspension or revocation shall be sent to the licensee at
the address indicated on the application by certified mail. A second
suspension for the same reason shall automatically revoke the license.
No pedalbus driver whose pedalbus license has been revoked shall be
eligible to reapply for a license under this chapter for a period
of 12 months following the effective date of the suspension or revocation,
unless he or she presents reasons satisfactory to the Commissioner
of Accounts in writing.
Upon the completion of all reviews by the Office of Risk and
Safety and the Department of Public Safety, and upon determining that
the provisions of this chapter have been complied with, the Commissioner
of Accounts shall have authority to issue a pedalbus license. The
Commissioner shall also have authority to impose reasonable conditions
in the public interest upon any pedalbus license issued. Any conditions
imposed shall be plainly noted on or attached to the issued pedalbus
license. Each pedalbus owner's license shall indicate the name of
the pedalbus company, the address of the pedalbus company, the name
of the applicant, the fee paid, the date of issuance, date of expiration,
the signature of the Commissioner of Accounts, the date of inspection
by Code Enforcement, the number of pedalbuses licensed and their seating
capacities. Each pedalbus driver's license shall indicate the driver's
name, date of issuance, date of expiration, driver's photograph, and
the license number of the pedalbus company for whom he/she works.
