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 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.
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.
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.
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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.
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.)
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.
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.
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.)
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.
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.
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.
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.
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.
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.
Pedicabs stored outside of the Hyannis Pedicab Zone must be transported
by trailer or take secondary public roads directly to the Hyannis
Pedicab Zone.
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:
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.)
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:
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.