[HISTORY: Adopted by the Town Manager of the Town of Barnstable 12-10-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: Said rules and regulations were initially adopted
as a pilot program on 5-22-2015, became permanent on 12-10-2015, and
were approved by the Barnstable Licensing Authority 10-17-2016.
A.
PEDICAB or PEDICAB VEHICLE
Definitions: As used in this chapter, the following terms shall have
the meanings indicated:
A multi-wheeled bicycle-like vehicle, similar to a cycle
rickshaw, that transports or is capable of transporting passengers,
propelled by human power through a belt, chair or gears (and periodically
assisted by no larger than an attached 500-watt electric motor), and
constructed in such a manner as to engage in the business of carrying
passengers, seated behind the driver, for hire.
B.
The Town Manager retains full executive authority of the adoption
and amending of any and all pedicab rules and regulations, through
a public hearing process.
C.
The Licensing Authority, on behalf of the Town Manager, will act
as the regulatory body overseeing the granting of licenses and making
compliance determinations and verdicts, through a public hearing process.
D.
The Barnstable Police Department and Licensing Division are hereby
designated as the enforcement agents of the pedicab rules and regulations
and shall file and request a show cause hearing with the Licensing
Authority of any alleged violation thereof.
E.
Any amendment to the pedicab rules and regulations will require the
Licensing Division, after approval by the Town Manager, to provide
written and advertised notice within 14 days prior to the Town Manager's
public hearing to all pedicab businesses.
F.
Pedicab licenses shall be valid only during the calendar year for
which they are issued. If one year lapses between licenses, the applicant
must apply as a new applicant.
G.
Hours of operation shall not exceed 6:00 a.m. to 2:00 a.m.
H.
The Barnstable Police Department and Licensing Division retain the
right and authority to suspend the operation of pedicabs within the
district during special events on public property and/or public ways.
I.
Pedicab owners/operators shall comply with rules and regulations.
Any violation of the Licensing Authority's Rules and Regulations
or state and local laws may result in:
A.
No person shall engage in the business of transporting persons for
hire in a pedicab vehicle without first having obtained a license
from the Barnstable Licensing Authority authorizing him/her to engage
in such business.
B.
No pedicab license application shall be brought before the Licensing
Authority at a public meeting for consideration until the applicant
has filled the following completed documents with the Licensing Division:
(1)
License application form.
(2)
A "Vehicle Condition Check-Off Form" by a licensed bicycle shop indicating
the vehicle passed inspection.
(3)
Proof of the vehicle's insurance and that the insurance policy
covers no more than the driver and three passengers riding in the
vehicle, and the applicant shall provide a certificate of vehicle
insurance naming the Town of Barnstable as the certificate holder.
(4)
If pedicabs are to be stored at an address other than the owner's
place of residence, a copy of a lease agreement must be filed with
the application.
C.
The Licensing Authority, in determining whether to approve any application
for a new pedicab business, shall consider the following:
(1)
Public need and demand for the proposed service;
(2)
Impact of the proposed service on the Town's services;
(3)
Suitability and financial stability of the applicant;
(4)
Effects of the business and tourism community; and
(5)
Any other information or circumstances deemed relevant by the Licensing
Authority.
D.
When a pedicab business owner changes his/her address or the place
at which the pedicabs owned by him/her are kept, the owner shall notify
the Licensing Authority within three days of such change and must
appear before the Authority at the next regularly scheduled meeting
to amend the pedicab licenses.
E.
Pedicab owners shall notify the Licensing Authority when drivers
leave the company.
F.
Records, accounts, books and other relevant documents of a pedicab
business shall be kept for a period of not less than one year. The
Licensing Authority or Licensing Division retains the right to examine
such documents.
G.
Pedicab businesses are responsible for the training of operators
in all laws, rules and regulations pertaining to pedicabs and the
knowledge of Town streets and landmarks.
H.
Pedicab businesses are responsible for supplying operators'
uniforms, which may only have information regarding the pedicab business
printed on them. Sponsorship information or logos printed or adhered
on the uniforms is prohibited.
A.
General.
(1)
Only five pedicab licenses may be issued to a business.
(2)
Each pedicab will be licensed individually and is nontransferable.
The fee for each application and license is a total of $100 and is
nonrefundable.
(3)
All pedicabs shall have the business name and phone number posted
on the rear and sides of the pedicab. The website address and used
methods of social media may also be posted on the exterior of the
pedicab. All lettering must be painted or self-adhesive contrasting
lettering. (Magnetic or other removable signs are not permitted.)
(4)
The Licensing Division is authorized, after approval of the applicant
by the Police Department, to issue a temporary vehicle license swap
after a vehicle inspection by the designated officer. A temporary
license may be valid for no longer than until the next regularly scheduled
meeting.
(5)
A pedicab business owner may petition the Licensing Authority in
writing for an increase in the number of allowed pedicabs, and will
be considered on an individual case-by-case basis, through a fourteen-day
advertised public hearing with a recommendation by the Police Department.
The decision of the Licensing Authority may not be appealed, and reconsideration
cannot be petitioned until the following calendar year, through the
same process.
B.
Fare. A fare shall be a person or persons picked up and dropped off
together and pedicab rates are a minimum of $5 and negotiated with
the driver. "Rates: minimum of $5 and negotiated with driver" shall
be visibly posted on the exterior of the pedicab. All lettering must
be painted or self-adhesive contrasting lettering. (Magnetic or other
removable signs are not permitted.)
C.
Advertising signage.
(1)
Any form of signage or advertisements, including bumper stickers,
logos or decals for any business other than of the licensed pedicab,
are not permitted on the exterior of the vehicle; however, they are
permitted on the interior.
(2)
Interior signage may not protrude, interfere or be hazardous to passenger
safety and may not be illuminated, reflective or any form of animation.
(3)
Tobacco, alcohol, sexually explicit and/or illegal drug related advertisement
is strictly prohibited.
(4)
Vehicles may be named after a sponsoring business. The name of the business may be permitted on the exterior of the vehicle in addition to the items permitted by § 406B-3A(3) and in the same font style, and coloring as described in § 406B-3A(3), but no other additional information or icons regarding or representing the sponsor may be placed on the exterior and may not be magnetic and other removable material.
D.
Operation.
(1)
All pedicabs shall be maintained, and kept neat and clean while on
duty.
(2)
Smoking and any form of alcohol are prohibited in pedicabs at any
time by drivers and/or passengers.
(3)
There shall be no more than three passengers and an operator to a
pedicab at any time, and they shall remain seated throughout the ride.
(4)
Pedicabs may not be operated, at any time, while under the influence
of alcoholic beverages or controlled substances other than medication
prescribed by a physician.
(5)
It shall be unlawful for any person to operate a pedicab in any manner
which impedes or blocks the normal or reasonable movement of pedestrian
or vehicular traffic unless such operation is necessary for safe operation
or in compliance with law.
(6)
Pedicabs must yield to all pedestrian crosswalks.
(7)
In addition to headlights and taillights being required to be used
at night while in operation, a flashing taillight must be used at
all times while in operation.
(8)
Passengers may not be picked up or dropped off within an intersection.
(9)
Pedicab operators shall not, when otherwise available for hire, refuse
to transport anyone requesting a ride except under the following circumstances:
(a)
The transportation requested is such that the driver may not
legally accept such passenger;
(b)
The driver has reasonable cause to believe the proposed passenger
will refuse to pay or cannot pay the fare; or
(c)
The proposed passenger is disorderly, engaged in the commission
of any crime, or is otherwise unfit to be transported as a passenger.
E.
Hyannis routes.
(1)
Pedicabs may only operate on a public way or gain access to a public
park/beach within the following Hyannis Pedicab Zone:
(2)
Pedicabs may not travel on any portion of Route 28, Camp Street or
Yarmouth Road. Caution should be emphasized on Main Street, South
Street and other highly traveled roads within the district.
(3)
Pedicabs stored outside of the Hyannis Pedicab Zone must be transported
by trailer or take secondary public roads directly to the Hyannis
Pedicab Zone.
A.
The applicant must be 18 years of age or older.
B.
The total pedicab operator application and license fee is a nonrefundable
total of $50.
C.
No pedicab operator license application shall be brought before the
Licensing Authority at a public meeting for consideration until the
applicant has filled the following completed documents with the Licensing
Division:
(1)
License application form.
(2)
Certified copy of his/her driving record.
(3)
Copy of a valid state driver's license and/or internationally
approved driver's license.
(4)
CORI Request Form. (The form is obtained and filed through the Police
Department for submission to the Commonwealth of Massachusetts, subject
to any and all additional applicable fees.)
D.
An applicant will not be approved to operate a pedicab if he/she
has been convicted of any of the following within the past seven years
from the date the criminal record check is authorized:
(1)
Conviction of a felony;
(2)
Involvement in an illegal lottery;
(3)
Violation of parole or probation;
(4)
Sex offense;
(5)
Assault and battery or disobeying directives of a police officer;
(6)
Narcotic or alcohol offense;
(7)
Illegal possession of firearms; and
(8)
Four or more motor vehicle violations.
E.
The pedicab operator's license shall be valid only during the
calendar year for which it is issued.
F.
Temporary license.
(1)
A temporary operator's license may be issued by the Licensing
Division, for operator license renewals only.
(2)
The temporary license may only be issued if the application is completed
with a clear CORI check and driver's record and traffic violations,
if any, have been paid.
(3)
The temporary license may be valid for no longer than the next regularly
scheduled meeting.
G.
Pedicab operators must be courteous and accommodating at all times
to the general public and Town officials.
H.
Dress code.
(1)
All pedicab operators shall wear pedicab-business-issued attire or
uniforms while having charge of a pedicab vehicle.
(2)
A pedicab operator, while having charge of a pedicab vehicle, shall
keep a clean and well-groomed appearance as well as be clean of body.
(3)
Pedicab operators are not permitted to wear the following during
the course of normal business hours:
I.
When a pedicab operator changes his/her address, the operator shall
notify the Licensing Authority within three days of such change.
