[Adopted 9-21-2015 by Ord. No. 2015-18[1]]
[1]
Editor's Note: This ordinance also provided that it shall take effect 10 days after the final passage thereof.
This article shall be known and may be cited as the "Quadricycle Ordinance."
To protect the health, safety, and welfare of the citizens, the City of Royal Oak finds that, due to the volume of pedestrian and vehicular traffic in the City, it is necessary to regulate the operation of commercial quadricycles on sidewalks, highways or streets, or crosswalks. Reference: MCLA 257.660(10).
A. 
In addition to the commercial quadricycle requirements in Act No. 126, Public Acts of 2015,[1] adopted by reference in the Code of the City of Royal Oak, Chapter 720, Vehicles and Traffic, Article II, Michigan Vehicle Code, before a commercial quadricycle may operate in the City of Royal Oak, the owner or operator of the commercial quadricycle shall obtain a license from the City for each quadricycle it proposes to operate and shall provide all of the following information to the City of Royal Oak Police Department in support of its license application:
(1) 
A copy of a certificate of insurance that complies with MCLA § 257.518a;
(2) 
Quadricycle documentation required.
(a) 
Documentation that the quadricycle complies with MCLA § 257.7b;
(b) 
Documentation of the manufacturer, make and model of the quadricycle, and identification number if available; and
(c) 
Documentation showing information whether the quadricycle propulsion is powered solely by human power, by motor or both.
(3) 
Proof that the operators of the quadricycle satisfy all operator licensing requirements required by the Michigan Motor Vehicle Code, MCLA § 257.660(7), and § 720-16 of this article.
(4) 
A plan of operation. A plan of operation shall contain an operational statement outlining the proposed manner in which the commercial quadricycle will be operated, including, but not limited to, schedule of the hours of operation, planned route, parking provisions, customer staging, waiting, quadricycle storage provisions and any other pertinent information as requested by the City of Royal Oak.
[1]
Editor's Note: See MCLA § 257.624a et seq.
B. 
An owner of a quadricycle shall comply with an approved plan of operation that is part of its license.
An operator of a quadricycle, whether the quadricycle is motorized or not, shall be not less than 18 years old and comply with the provisions of Chapter III of the Michigan motor vehicle code, Act 300 of 1949,[1] as amended, for operator and chauffeur licenses.
[1]
Editor's Note: See MCLA § 257.1 et seq.
A. 
The Police Department shall review the application for compliance with this article. The Police Department may also limit the license to any period of time or route to protect the health, safety, and welfare of the citizens, and may prohibit operation of the quadricycles in areas of the City hosting festivals or special events. The Police Department may also deny an application for a license to operate a quadricycle based on potential traffic congestion and its impact of the health, safety, and welfare of the citizens. The City may assess a fee for its incremental costs associated with its review of the application.
B. 
Violations and penalties. A person who owns or operates a commercial quadricycle that is operating without a license approved by the Police Department is responsible for a civil infraction. The court in its discretion may impose the following sanctions:
(1) 
For a first violation: a civil fine of not more than $50.
(2) 
For a second or subsequent violation: a civil fine of not more than $100.
C. 
Additional sanctions. The owner of a quadricycle who does not comply with provisions of this article, or where the operator of the quadricycle violates provisions of Chapter 720 of this Code may have the license to operate a quadricycle revoked by the Police Department. The owner can appeal the decision of the Police Department to the City commission. The commission shall give the owner an opportunity to be heard at a public hearing before ruling on the appeal.
A. 
A person who is an operator or occupant of a commercial quadricycle shall not transport, consume or possess alcoholic liquor within any area of a commercial quadricycle upon a highway, or in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in the City of Royal Oak.
B. 
Violations and penalties. A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCLA § 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section Michigan Compiled Laws § 257.625(6).
C. 
This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.