[Added 12-7-2015 by Ord.
No. 1936]
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.
A.
The City
Clerk is responsible for issuing operating permits and decals for
quadricycles. Every owner of a quadricycle desiring to obtain an operating
permit is required to make written application to the City Clerk,
which shall be accompanied by the fee established by resolution of
the City Commission. An applicant shall truthfully and fully provide
the following information requested on the application:
(1)
The
applicant's full name, business address, e-mail address and phone
number;
(2)
The
name of the business entity under which the applicant will be operating;
(3)
The
names and residence addresses of all shareholders, members, or partners
of the entity applying for an operating permit;
(4)
A
copy of the applicant's Michigan driver's license and number;
(5)
A
certificate of insurance satisfying the requirements of MCLA §
257.518a, which shall name the City of Kalamazoo and its officers
and officials as additional insureds;
(6)
A
map of the City showing proposed routes, stands and pickup points;
(7)
A
list of the applicant’s authorized quadricycle drivers, including
name, address, date of birth, driver’s license number, and documentation
that the driver has completed the required quadricycle drivers' training
program established by this article and otherwise meets the requirements
of this article;
(8)
A
description of each quadricycle intended to be used by the applicant,
including trade name, number of seats, serial number, if any, and
body style; and
(9)
Such
other information as the City Clerk may require.
B.
If the
applicant is a corporation, limited liability company, partnership,
or other such business entity, the person who will be acting as principal
in charge of the business to be licensed shall sign the application,
and all owners of the business entity shall meet all the requirements
for individual applicants.
C.
If, after
the issuance of an operating permit, a quadricycle owner desires that
a person drive a quadricycle and such person was not listed in the
application described above, the owner shall submit such required
driver information to the City Clerk before such person is permitted
to drive a quadricycle upon the streets and highways of the City.
D.
An owner
shall not permit a driver to operate a quadricycle upon the streets
and highways of the City who falls out of compliance with the requirements
of this article.
A.
Upon filing
of the application for an operating permit, the City Clerk shall review
and evaluate the application. In determining whether an operating
permit should be issued, the City Clerk shall evaluate whether the
application is complete, and whether the applicant has violated two
or more provisions of this article within the past year. Any driver
with three or more points on his/her driving record or who is registered
as a sex offender in this or another state shall be ineligible to
operate a quadricycle. Any application that does not include all the
information required by this article, is not supported by the materials
required by this article, or if the application has two or more violations
of this article in the past year, shall result in the denial of an
operating permit.
B.
Before
the issuance of an operating permit by the City Clerk, the Department
of Public Safety shall inspect each quadricycle proposed to be used
by the applicant and notify the City Clerk whether it satisfies the
requirements of this article.
C.
If an
operating permit is not approved, the applicant may file an appeal
as provided in this article.
D.
The City
Clerk shall approve, deny or approve with conditions an application
which is complete for an operating permit within 42 days of its being
filed.
A.
Prior
to its operation on a public street, each quadricycle shall be inspected
by the Department of Public Safety. All quadricycles must be constructed
for and have the structural integrity necessary to support their operation.
Each quadricycle must be equipped with the following:
(1)
Front
and rear turn signals;
(2)
A
headlight capable of emitting a white light visible from a distance
of at least 500 feet to the front;
(3)
A
red reflector on the rear that shall be visible from all distances
from 100 feet to 600 feet to the rear when directly in front of lawful
lower beams of head lamps on a motor vehicle which may be supplemented
by a taillight capable of emitting a red light visible from a distance
of 500 feet to the rear;
(4)
Rearview
mirror;
(5)
A
bell or horn;
(6)
Seatbelts
for passengers;
(7)
Reflectors
placed on each wheel and at each corner of the body of the quadricycle;
(8)
A
proper braking system that enables the driver to bring the quadricycle
to a controlled stop; and
(9)
Any
other equipment required to comply with all applicable federal and
state laws.
(10)
A quadricycle must not have any cracks, broken or missing parts,
or other visible damage. All wheels must be firmly attached to the
hub of a vehicle and all springs, axles, and supporting structures
of each quadricycle must be intact.
B.
Prior
to the operation of any quadricycle and at the beginning of each shift
or each day of operation, the driver shall thoroughly inspect the
quadricycle for safe operating conditions, and shall maintain records
of such inspection, which shall be provided to the City upon request.
For any condition found, then or at any other time that will prevent
the safe operation of the quadricycle, or noncompliance with this
article, the driver shall immediately remove the quadricycle from
service and correct the condition before the quadricycle is returned
to operating service.
C.
Each quadricycle
owner shall prepare a training program for its drivers, which shall
cover, at a minimum, safe operation of quadricycles, customer service
policies and requirements of this article. The owner shall make the
training program materials available to the City at its request.
D.
If a quadricycle
is involved in an accident or collision, the driver shall immediately
notify the quadricycle owner and the Department of Public Safety and
remain at the scene until the police investigate the accident or collision.
A.
Before
allowing a quadricycle to be operated for hire, the owner shall obtain
a City-issued decal. Upon issuance of an operating permit, the City
Clerk shall issue a decal to be affixed upon each quadricycle intended
to be operated in the City by the applicant. The decal form shall
be prescribed by the City and contain a unique nontransferable quadricycle
registration number.
B.
It is
unlawful for any owner to lease, rent or allow a quadricycle to be
operated for hire without first having obtained a decal issued by
the City and affixing the decal to the quadricycle in a manner prescribed
by the City.
A.
Operating
permits shall expire on January 31 of each year.
B.
The holder of an operating permit shall be entitled to renewal of the operating permit upon payment of the annual fee established by the City Commission and submission of any changes in information required under § 37-118 and if there has been not more than one violation of this article in the past year.
C.
Operating permits shall immediately become invalid if any of the information provided to obtain the permit is determined to be false when it was submitted, the City-issued decal is defaced, altered, forged or counterfeited, or the quadricycle does not comply with the regulations set forth at § 37-120.
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.
No person
under the age of 18 shall operate a quadricycle.
B.
No person
shall drive a quadricycle unless the person has a currently valid
driver's license and displays an identification badge provided by
the owner. Each badge must contain the driver’s name and a recent
photograph of the driver.
C.
No person
shall operate, or cause to be driven, a quadricycle in an unsafe condition.
D.
All quadricycle
drivers are subject to and shall obey all applicable traffic safety
laws, rules and regulations of the City of Kalamazoo and State of
Michigan.
E.
A quadricycle
should not be driven at a speed of more than 25 miles per hour and
shall not be driven on a highway or street with a speed limit of more
than 45 miles per hour except for the purpose of crossing that highway
or street.
F.
A quadricycle
shall not be driven on any street or highway under the jurisdiction
of the state transportation department if so prohibited.
G.
A quadricycle
shall not be driven on sidewalks or on a trail intended for the use
of pedestrians and nonmotorized vehicles.
H.
Quadricycles
are not permitted to park on streets, highways or a thoroughfare,
except as follows:
(1)
Any
portion of a street so designated for the parking as a "quadricycle
stand" by the Traffic Engineer.
(2)
In
a legal parking space, provided that the fee for occupying said space
is paid, if applicable.
(3)
A
single quadricycle may park temporarily at the curb only as long as
necessary for passengers to board and exit the vehicle.
(4)
In
all cases, quadricycles shall be parked in a location that does not
impede other pedestrian or vehicular traffic.
I.
No person
shall use or allow any quadricycle to be used for any illegal purpose.
No person shall use or permit or allow any quadricycle to be used
in, or to aid or abet, any unlawful act.
J.
No person
shall operate or knowingly permit any other person to drive a quadricycle
under the influence of intoxicating liquor or any controlled substance
or intoxicating substance, or any combination of intoxicating liquor,
controlled substance or intoxicating substance.
K.
No person
shall drive a quadricycle when the number of passengers exceeds the
number of available seats. No person shall operate a quadricycle unless
all passengers are seated in a seat designated for that purpose and
using the seat belt provided. Infant car seats are not be permitted
to be used on a quadricycle.
L.
Each quadricycle
owner shall adopt and operate a system for the collection, storage,
and return of personal property left in a quadricycle.
M.
No person
shall consume, or possess in a container which is open, uncapped or
upon which the seal was broken, any alcoholic beverage within or on
a quadricycle.
N.
All beverages
consumed by quadricycle passengers shall be contained in metallic
or plastic containers.
O.
A quadricycle
driver shall at all times keep each quadricycle clean and free of
refuse and in safe operating condition.
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.
A.
An operating
permit may be denied, suspended or revoked by the City Clerk for cause
as defined by this article. Notice of the denial, suspension or revocation
shall be served upon the operating permit holder by personal service
or first-class prepaid mail. The holder of an operating permit or
a person who has been denied an operating permit may request a hearing
within 10 days after service of the denial, suspension or revocation.
Any hearing shall be scheduled to be held by the City Manager or the
City Manager's designee. Depending upon the necessity for prompt action,
the hearing shall be held in accordance with one the following provisions:
(1)
If
there is no immediate threat to the public health, safety or welfare,
the hearing shall be held to determine whether the operating permit
should be denied, suspended or revoked. The holder or seeker of an
operating permit shall be notified of the time, date and place of
the hearing and shall be notified of the reason or reasons for the
proposed denial, suspension or revocation. The operating permit holder
or seeker of an operating permit shall be entitled to be represented
by counsel, to submit evidence, to cross-examine witnesses and to
make arguments concerning the factual and legal issues.
(2)
If
there is an immediate threat to the public health, safety or welfare,
the operating permit may be suspended prior to the hearing. If an
operating permit is suspended prior to the hearing, the hearing shall
be commenced as soon as practical but in no case more than 10 days
after the request for hearing. The hearing shall be held to determine
whether to terminate or extend the suspension, or whether the suspension
should be converted into a revocation of the operating permit. The
holder of the operating permit shall be notified of the time, date
and place for hearing and shall be notified of the reason or reasons
for the already imposed suspension and for any contemplated future
action. The operating permit holder shall be entitled to be represented
by counsel, to submit evidence, to cross-examine witnesses and to
make arguments on factual and legal issues.
B.
In any
hearing held pursuant to the provisions of this article, the rules
of evidence shall be followed as far as practicable, but a hearing
officer may admit and give probative effect to evidence of a type
commonly relied upon by a reasonably prudent people in the conduct
of their affairs. Irrelevant, immaterial, or unduly repetitious evidence
may be excluded. Notice may be taken of facts within the general knowledge
of the community. A record of the hearing shall be maintained by the
hearing officer.
C.
The hearing
officer shall render a written decision stating the reasons for the
decision. The decision of the hearing officer shall be final.
Any violation of this article is a municipal civil infraction
punishable by a fine of up to $200.