The transportation of persons by means of quadricycles is a
matter affecting the public interest. The public interest requires
that quadricycle drivers be properly qualified, that quadricycles
be fit for their intended purpose, and that the safety and welfare
of both quadricycle passengers and other persons and vehicles using
public streets be protected.
No person who owns or controls a quadricycle shall permit it
to be driven or otherwise operated upon the streets and highways of
the City without securing from the City Clerk an operating permit
and City-issued decal for each quadricycle. Quadricycles shall be
driven and operated in compliance with all of the requirements of
this article.
The City Clerk shall charge a nonrefundable fee to applicants
to recover the cost of activities associated with the administration,
regulation, and issuance of decals and operating permits. The fee
shall be determined from time to time by resolution of the City Commission.
A Public Safety Department officer who has reasonable cause
to believe that a person is or was driving a quadricycle upon a public
highway or other place open to the public or generally accessible
to a quadricycle, 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 drive a quadricycle, he/she
may require the person to submit to a preliminary chemical breath
analysis. A quadricycle 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 article and may result in the revocation or
suspension of the owner's operating permit.
An operating permit may be denied, suspended or revoked by the
City Clerk based upon any of the following grounds:
A. The owner
or driver of a quadricycle fails or has failed to comply with any
provision of this article.
B. The owner
or driver of a quadricycle has been convicted of any felony involving
force or violence; any reckless driving or driving under the influence
offense; or any crime reasonably related to the qualifications, functions
or duties of the past-due transport business or the ability of the
quadricycle owner or driver to safely transport passengers, unless
five years have elapsed from the successful completion of the sentence
for any such conviction.
C. A quadricycle
driver has been convicted of a crime that requires registration under
the Michigan Penal Code as a sex offender.
D. A quadricycle
driver or 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.
E. A quadricycle
driver’s ability to drive lawfully in Michigan or any other
state is currently expired, suspended or revoked.
F. A quadricycle
driver has engaged in activity that, in the judgment of the City Clerk,
constitutes a serious threat to the public health, safety or welfare.
Such threat may be indicated by but is not limited to:
(1) An
arrest for driving under the influence of alcohol, a controlled substance
or intoxicating substance while operating a quadricycle;
(2) An
arrest for a crime that, if convicted, would require registration
as a sex offender, and where a quadricycle was used in the planning
of, perpetration of, or fleeing from the offense;
(3) A
report from a law enforcement agency that a quadricycle driver was
involved in an accident involving a quadricycle where the quadricycle
passengers were injured.
Any violation of this article is a municipal civil infraction
punishable by a fine of up to $200.