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Ordinance 26-05OFFICIAL PUBLICATION ORDINANCE NO. 26-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 46, VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION, BY ADDING A NEW ARTICLE I, PUBLIC TRANSPORTATION BY NON -MOTORIZED VEHICLES, PROVIDING FOR THE LICENSING AND OPERATION OF NON -MOTORIZED VEHICLES Section 1. The City of Dubuque Code of Ordinances Chapter 46 is amended by adding the following: ARTICLE I. PUBLIC TRANSPORTATION BY NON -MOTORIZED VEHICLES Division 1 — General Sec. 46-1. Definitions: The following words and phrases, when used in this article, shall have the following meanings: Non -Motorized Vehicle means any conveyance designed to carry a driver and passengers which is propelled by a means other than a motor. Pedicab means a chauffeured non -motorized vehicle, propelled by pedals, engaged in the business of carrying passengers. Horse-drawn carriage means a chauffeured non -motorized vehicle pulled by horses and engaged in the business of carrying passengers. Driver means any person who operates a non -motorized vehicle in the transportation of passengers. Sec. 46-2. Rates: No person shall operate a non -motorized vehicle without posting in clear view within the passenger compartment a printed rate card large enough to be read by the passengers in the vehicle, showing the rates. Sec. 46-3. Operation Requirements: The operation of a non -motorized vehicle shall meet the following requirements: (a) The driver of a non -motorized vehicle shall be a person who is at least eighteen years of age and holds a valid motor vehicle operator's license. (b) The months of operation shall be year-round beginning April 1. (c) Non -motorized vehicles shall be operated only on routes within the Main Street District Cultural Corridor as established by the City Manager. The City Manager may require such routes to be changed at any time in the event of a sudden hazard, construction, special event, or for such other reason as the City Manager determines to be necessary. (d) Non -motorized vehicles shall be allowed to stop, stand, or park at any non- restricted meters in the Main Street District. (e) When collecting fees, picking up or dropping off passengers, the driver shall stop, stand, or park the vehicle only in approved locations or parallel to the curb, taking care not to block traffic lanes, crosswalks, or intersections, or to otherwise impede the flow of vehicular or pedestrian traffic. (f) Non -motorized vehicles shall be operated only on city streets and shall not be operated on sidewalks. (g) The driver of a non -motorized vehicle shall not conduct business on private property without the prior consent of the property owner. (h) Passengers shall be limited to the passenger compartment of the vehicle and shall not board or exit the vehicle while it is in motion, or in a traffic lane or intersection. (i) No open alcoholic beverage containers or consumption of alcoholic beverages shall be allowed in a vehicle or in the possession of the driver or passengers. (j) The operator of a business providing non -motorized vehicle transportation shall post notices in each vehicle and in each waiting room or at each station owned or used by the operator stating the charges and routes or methods of operation. (k) Non -motorized vehicles shall be equipped with headlights, taillights, reflectors, and a slow-moving vehicle sign. (I) The owner or Driver of a non -motorized vehicle shall keep it in a safe and operating condition at all times. The Police Chief is hereby authorized, either on complaint of any person or without such complaint, to inspect non -motorized vehicle and upon discovery of any unsafe condition, to notify the person operating the vehicle to cease operation. Thereupon said non -motorized vehicle shall be kept off the street until unsafe condition has been corrected. Division 2 — Non -motorized Vehicle Transportation Business License. Sec. 46-4. Business License Required: No person shall operate a pedicab, horse-drawn carriage, or other non - motorized passenger transportation business for the purpose of public transportation, whether or not passengers are charged for the service, without first obtaining an annual license therefore as provided in this Article. Sec. 46-5. Application for Business License: (a) An application for a non -motorized transportation business license shall be filed with the City Manager on a form provided by the City Manager. The application shall contain the following information (1) The name of the applicant. (2) The name and address of each of the principal officers of the business and the name and address of each partner, trustee, owner, or other person with a financial interest in the applicant. (3) A description of the methods, procedures, hours of operation, and equipment to be used. (4) A map of the City showing the locations of proposed routes or methods of operation, including proposed stations to stop, stand, or park vehicles to pick up and drop off passengers and proposed locations to store or keep vehicles, animals, and equipment related to the operation. (5) The identification, descriptive information and photographs of each non -motorized vehicle. (6) The names, addresses, and dates of birth of all drivers of non - motorized vehicles. Such information shall be updated with the City Manager for each new driver before any driver operates a non -motorized vehicle for the purpose of public transportation. Falsification of information on an application shall be grounds for denial or revocation of a license. (b) The City Manager shall cause the Police Chief to investigate each application for a non -motorized transportation business license and a report of such investigation shall be submitted by the Police Chief to the City Manager. Sec. 46-7. Consideration of Application: The City Manager shall, upon consideration of the application and the information required herein, approve or reject the application. If the application is rejected, the applicant may file with the City Clerk a written notice of appeal from the City Manager's decision. Sec. 46-8. Fees: At the time of filing the application, the applicant shall pay to the City Manager a non-refundable application business fee established by the City Manager. At the time of issuance of a non -motorized vehicle license, the applicant shall pay to the City Manager a non -motorized vehicle license fee established by the City Manager. Sec. 46-9. Insurance: Prior to the issuance of a license, the applicant shall submit to the City Manager proof of, and shall maintain at all times during operation of the business, such insurance as the City Manager shall determine appropriate. Sec. 46-10. Renewals: All licenses under this Article shall expire on March 31 of each year. Sec. 46-11. Display: The non -motorized transportation license shall be fastened upon the vehicle and shall not be removed until the expiration of the license. Sec. 46-13. Suspension and Revocation of License: A license may be revoked or suspended by the City Manager for a violation of any of the provisions of this article or any other ordinances of the city, or the laws of the United States or the state of Iowa which demonstrate the lack of fitness of the licensee to offer public transportation. The licensee shall be given not less than ten -day's written notice of the proposed action to be taken prior to suspension or revocation. The licensee may file with the City Clerk a written notice of appeal to the City Council from the suspension or revocation. Sec. 46-14. Transfer Restricted: No non -motorized transportation business license may be sold, assigned, mortgaged or otherwise transferred. Division 3 — Non -Motorized Vehicle Driver's License Sec. 46-15. Non -Motorized Vehicle Driver's License: No person shall operate a non -motorized vehicle for hire upon the streets of the city, and no person who owns or controls such vehicle shall permit it to be so driven, and no such vehicle shall be so driven at any time for hire, unless the driver of such vehicle shall have first been issued a driver's license under the provisions of this article. Sec. 46-16. Application for Driver's License: (a) An application for a driver's license shall be filed with the City Manager on a form provided by the City Manager. (b) The City Manager shall cause the police chief to investigate each applicant for a license and a report of such investigation shall be submitted to the City Manager. Such report shall state whether or not the applicant has a valid motor vehicle operator's license. Sec. 46-17. Consideration Of Application: The City Manager shall, upon consideration of the application and the reports required by this article, approve or reject the application. Sec. 46-18. Issuance Of License; Duration; Annual Fee: (a) Upon approval of an application for a license, the City Manager shall issue a license to the applicant upon the payment of an annual fee as determined by the City Manager. Such license shall be in effect for the remainder of the calendar year. The license shall be renewed every calendar year thereafter upon the payment of an annual fee unless the license for the preceding year is in suspension or has been revoked. (b) The driver shall wear the license upon the clothing of the driver at all times during the operation of the vehicle. Sec, 46-19. Failure to Comply with City, State and Federal Laws: A driver licensed under this article shall comply with all applicable city, state and federal laws. Sec. 46-45. Suspension And Revocation Of License: The City Manager may suspend or revoke a driver's license if a driver fails or refuses to comply with the provisions of this article. The driver shall be given not less than ten -day's written notice prior to the suspension or revocation. The driver may file with the City Clerk a written notice of appeal to the City Council from such suspension or revocation to the city council Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 4th day of April, 2005. /s/Terrance M. Duggan, Mayor Attest: /s/Jeanne F. Schneider, CMC City Clerk Published officially in the Telegraph Herald Newspaper the 8th day of April, 2005. /s/Jeanne F. Schneider, CMC City Clerk 1t 4/8