City of Saratoga Springs, NY Article IV Pedicabs

§ 200-20 License required.

A. No person, firm, corporation or legal entity shall engage in the business for profit of operating a pedicab for hire in the City of Saratoga Springs without first obtaining an owner's license as described in this article.

B. No person shall act as a driver of a pedicab without first obtaining a driver's license as described in this article.

§ 200-21 Application for owner's license.

A. An application for an owner's license under this article shall be filed in the office of the Commissioner of Accounts. The application shall be signed and sworn to by the applicant and shall contain the following information:

(1) The name, address, and telephone number of the applicant, and, if the applicant is a partnership or operating under an assumed name, a certified copy of the certificate of partnership or assumed name or names, and, if the applicant is a corporation, the names and addresses of all corporate officers and stockholders.

(2) A publicly listed telephone number maintained by the applicant.

(3) The name, home address, telephone number and date of birth of each driver who will drive pedicabs for the applicant, and a copy of each driver's valid New York State motor vehicle driver's license.

(4) Insurance.

(a) Proof of commercial general liability insurance, including personal injury liability insurance specific to pedicabs for hire in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. The City shall be included as an additional insured on said insurance.

(b) Proof of statutory workers' compensation and employer's liability insurance for all employees.

(c) A fully executed hold harmless agreement, in a form satisfactory to the City, by which the applicant shall indemnify and save harmless the City and its agents and employees from and against all claims, damages, loss and expense (including but not limited to attorney's fees) arising out of or resulting from the licensed activity, sustained by any person or persons, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property caused by the tortious or negligent act or omission of the applicant, or the applicant's employees, agents, or subcontractors.

(5) One or more photographs of each pedicab to be used by the applicant, and a description of each such vehicle, including length, width, and passenger capacity.

(6) A New York State tax identification certificate.

(7) Proof that the applicant is the holder of a valid motor vehicle driver's license.

[Amended 7-3-2007]

(8) A copy of the applicant's driving record obtained from the Department of Motor Vehicles.

(9) An affidavit from the applicant stating that each vehicle for which a license is requested complies with all requirements of the New York Vehicle and Traffic Law.

(10) A set of the applicant's fingerprints, or, if the applicant is a legal entity other than an individual, a set of fingerprints of the chief executive officer or chief representative of that legal entity, to be taken by the Saratoga Springs Police Department.

B. The Saratoga Springs Police Department shall investigate the applicant's qualifications and background. The Police Department shall initiate a criminal history record search through the State Division of Criminal Justice Services (DCJS) by submitting the applicant's fingerprints and required procedures fee, which shall be paid by the applicant, to the DCJS. The results of the criminal history record search shall be reviewed by the Chief of Police, or by a member of the Police Department designated by the Chief of Police.

§ 200-22 Application for driver's license.

A. An application for a driver's license shall be filed in the office of the Commissioner of Accounts. The application shall be signed and sworn to by the applicant and shall contain the following information:

(1) Proof that the applicant is at least 18 years old.

(2) Proof that the applicant is the holder of a valid motor vehicle driver's license.

[Amended 7-3-2007]

(3) A copy of the applicant's driving record obtained from the Department of Motor Vehicles.

(4) A statement that the applicant is in good health and not subject to any infirmity of mind or body that might render the applicant incapable or unfit to safely operate a pedicab.

(5) A statement that the applicant is able to communicate effectively in English.

(6) A statement that the applicant does not unlawfully use any drug or controlled substance.

(7) A set of the applicant's fingerprints, or, a set of fingerprints of the chief executive officer or chief representative of that legal entity, to be taken by the Saratoga Springs Police Department.

B. The Saratoga Springs Police Department shall investigate the applicant's qualifications and background. The Police Department shall initiate a criminal history record search through the State Division of Criminal Justice Services (DCJS) by submitting the applicant's fingerprints and required procedures fee, which shall be paid by the applicant, to the DCJS. The results of the criminal history record search shall be reviewed by the Chief of Police, or by a member of the Police Department designated by the Chief of Police.

C. No driver's license shall be issued to any applicant who fails to meet the standards established in Article 23-A of the Corrections Law of the State of New York. In addition to and not in limitation of the foregoing, no driver's license shall be issued to any applicant who is at the time of application under indictment for a felony anywhere in the United States, or who has been convicted of a felony anywhere in the United States within the past five years preceding the application, or who has been convicted of two or more misdemeanors within the past two years preceding the application, or who has been convicted of more than one moving violation in the past year.

D. No licenses shall be issued to any applicant who has been convicted of any of the following crimes: robbery, rape, sexual abuse, aggravated sexual abuse, or course of sexual conduct against a child, or of the crime of assault with intent to commit any of the aforementioned crimes.

E. No driver's license shall be issued to any applicant who has been convicted of the crime of criminal sale of a controlled substance, in any degree as established in the Penal Law.

§ 200-23 Issuance of license.

Upon consideration of the factors listed in §§ 200-21 and 200-22 above, the Commissioner of Accounts may issue a license to the applicant. Each license shall expire on December 31 in the year issued. The Commissioner of Accounts shall have authority to impose reasonable conditions upon any license issued. The Commissioner may also to issue a license to an applicant based upon a determination that the applicant fails to satisfactorily meet the requirements stated in those sections. Denial of an application shall be sent to the applicant in writing at the address indicated on the application. Upon the applicant's written request, a hearing may be conducted at which the applicant may provide evidence that he or she should be issued a license.

§ 200-24 Fees.

The following fees shall be paid for licenses under this article:

License		Fee
Owner's license		$250, plus $50 for each additional vehicle
Driver's license
	Initial application	$10
	Each renewal	$35

§ 200-25 Construal of provisions.

Nothing in this article shall be construed so as to supersede any provision of the New York State Vehicle and Traffic Law, and/or any regulation of the New York State Insurance Department, and/or any provision of City Code Chapter 225 entitled "Vehicles and Traffic." No license granted under this article shall be construed so as to give permission to the licensee to do any act or engage in any activity contrary to the aforementioned state and City laws.

§ 200-26 Suspension or revocation of license.

The Commissioner of Accounts may, upon due notice and following a hearing, revoke, suspend or refuse to renew any license issued for a violation of any of the provisions of this article or for any other act or omission that demonstrates the licensee's inability to safely and properly conduct the licensed activity. When a license shall be revoked or suspended, no refund of any portion of the license fee shall be made. Notice of such revocation, suspension or refusal to renew and the reason or reasons therefor in writing shall be served by the Commissioner of Accounts upon the licensee or mailed to the licensee's address as stated on the application.

§ 200-27 Penalties for offenses.

Any person who, by himself or herself or by an agent or employee, shall conduct any activity described in this article without a license, or who shall violate any of the provisions of this article, or who, having had a license revoked or suspended, shall continue to conduct any activity described in this article, shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of the Code.

§ 200-28 Operating regulations.

Every pedicab operated under this article shall comply with the following regulations:

A. Each pedicab driver shall be in a physical condition to safely operate and control the pedicab at all times.

B. Each pedicab shall be equipped with a radio or cellular communication device.

C. Each pedicab shall be equipped with a battery- or generator-powered white front light visible for at least 500 feet, red taillights visible for at least 300 feet, at least one light on each side visible for at least 200 feet, reflective tires or wheels, brake lights, a horn or other audible signal that can be heard for at least 100 feet, and hydraulic or mechanical brakes capable of causing the vehicle to skid on dry clean pavement.

D. Pedicabs shall illuminate headlights and taillights when operating after sunset, and when operating in fog or in inclement weather.

E. No person shall attach any trailer, sidecar, or other auxiliary vehicle to any pedicab.

F. All pedicabs shall follow established schedules as adopted in Addendum B[1] and amended from time to time.

[1] Editor's Note: Addendum B is included at the end of this chapter.

G. Pedicabs shall be driven in the traffic lane closest to the curb, except when necessary in emergencies to make way for vehicular and pedestrian traffic.

H. Pedicabs shall not operate between the hours of 1:00 a.m. and 7:00 a.m.

I. Passengers and drivers shall remain seated at all times while the pedicab is in motion. No person shall stand on any part of a pedicab while the pedicab is in motion. No person shall ride on the back of any pedicab.

J. Pedicabs shall be equipped with seat belts for all passengers under age five and helmets for all passengers under age 14.

K. Pedicabs shall be equipped with a reflective orange triangle as required for slow-moving vehicles.

L. Pedicabs shall be kept clean and in good working order.

M. Pedicabs shall be of heavy steel-frame construction with wheels not less than 26 inches in diameter. No pedicab shall be operated under this article that is not, in the opinion of the Traffic Safety Division, safe for use upon the public highways.

N. Each pedicab shall have a sign affixed to the back reading "Keep Back 25 feet" in letters not less than three inches high.

O. No pedicab shall be left unattended unless locked and with brakes activated.

P. Each pedicab driver shall wear neat and clean attire, including a collared shirt, and shall display his or her photo identification card on his or her person.

Q. Each pedicab driver shall carry a copy of this article while on duty.

R. Each pedicab driver shall notify police in case of accident or injury.

S. Each driver shall post a schedule of fares in the pedicab and shall give a receipt to each passenger upon request.

T. No owner or driver shall allow passengers to smoke or to drink alcoholic beverages. Each pedicab shall feature a sign or logo indicating that smoking and drinking alcoholic beverages is prohibited.

U. The Commissioner of Accounts shall have authority to reject or cause the removal of any banners, noisemakers, pennants, flags, or other devices attached to any pedicab that would, in the Commissioner's judgment, obstruct or distract drivers and/or pedestrians so as to cause a danger or hazard.

V. Each pedicab shall be subject to inspection at all times by the Code Administrator and/or by the Police Department.

W. No pedicab shall be in any manner leased, loaned, given, or transferred for use by any person, firm, corporation, or legal entity, unless and until such person, firm, corporation or legal entity is duly licensed and insured as an owner or driver under this article.