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.
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.
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.
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.
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
| |
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.
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.
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.
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.
