Non-Motorized Vehicles Ordinance - Pedicab
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MEMORANDUM
March 28, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Ordinance for Non-Motorized Vehicles
In January 2005 a request was received from Joe Zwack, owner of the building located
at 100 Main Street, for permission to operate a Pedicab business in the downtown
district. A Pedicab is a chauffeured, non-motorized vehicle that is propelled by pedals
and is used for transporting one or two passengers.
Assistant City Manager Cindy Steinhauser is recommending that the City Council adopt
an ordinance amending Section 46 of the City Code to allow for the licensing of non-
motorized vehicles.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Micl'lael c. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
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MEMORANDUM
March 25, 2005
TO:
Michael C. Van Milligen, City Manager
FROM:
Cindy Steinhauser, Assistant City Manager
SUBJECT: Ordinance for Non-Motorized Vehicles
Introduction
The purpose of this memorandum is to recommend an amendment to Chapter 46 of the
Code of Ordinances to allow for the use of Non-motorized vehicles in certain areas in
the downtown district.
Discussion
In January 2005, I received a request from Joe Zwack, owner of the building located at
100 Main Street for permission to operate a Pedicab business in the downtown district.
Attached is a photo and description of a Pedicab. As indicated, it is generally a
chauffeured, non-motorized vehicle that is propelled by pedals and is used for
transporting one or two passengers. Mr. Zwack is proposing to purchase these vehicles
and provide an alternative transportation option in the downtown district similar to what
is currently done in Ames, Iowa and San Diego, California. Mr. Zwack is proposing to
operate during the months of May through August and the days of operations would
generally be Thursday through Sunday, to accommodate visitor and recreational traffic,
as well as during special events downtown. The proposed area of operation would
generally be from Bluff Street on the west to the Port of Dubuque on the east and from
1 st Street to 10th Street.
I met with City Clerk Jeanne Schneider, Police Chief Kim Wadding, Police Captain
Paula Gieseman and Traffic Engineer Bill Schlickman to review this request. Additional
input was received from Corporation Counsel Barry Lindahl. This committee met
several times to review the request and discuss criteria under which we felt a Pedicab
business would be permitted. Specific issues we discussed were seasons of operation,
hours and times of operation, licensing requirements, procedures for application for a
permit and traffic safety concerns.
Based upon our discussions we are recommending the following for the licensing of
Pedicabs and other non-motorized vehicles:
· Location and route for non-motorized vehicles should be restricted to the
Dubuque Main Street Cultural Corridor District;
· Months of operation will generally be from April 1 to November 1 of each year
however, these vehicles may operate year-round weather dependent;
· Vehicle operator must be 18 years of age with a valid motor vehicle operator's
license;
. Vehicle operator must pass a criminal background check;
· Vehicle must be equipped with a headlights, taillights, reflectors and a slow-
moving vehicle sign;
· Licensing fees may be established by the City Manager and are recommended
as follows: $50 annual company fee, $15 per vehicle license fee, $10 per driver
fee. This fee will cover administrative costs to issue the license including
background checks.
· Company must comply with all insurance requirements and local, State and
Federal regulations.
In addition to the above requirements, no open alcoholic containers will be allowed in
the vehicles, passengers will be confined to the passenger compartment area and the
vehicles may temporarily use a metered space for loading and unloading.
As part of our research we also contacted the Ames, Iowa Police Department and the
San Diego, California Police Department to get input on any concerns, special
restrictions or regulations they would recommend. Both cities indicated that they did not
have any complaints about the use of the Pedicabs or that they were a large
impediment to traffic flow. Both cities recommended the placement of restrictions such
as licensing, insurance and driver background checks as part of the approval process.
Recommendation
Based upon the above information, I recommend that the City Council adopt the
attached ordinance amending Section 46 of the City Code to allow for the licensing of
non-motorized vehicles.
Cc: Barry Lindahl, Corporation Counsel
Jeanne Schneider, City Clerk
Kim Wadding, Police Chief
Paula Gieseman, Police Captain
Bill Schlickman, Traffic Engineer
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 carriaqe 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.
G) 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.
April
Passed, approved and adopted this 4th day of April, 2005
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Main Street Pedicab.s
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The 21-Speed, Pedal-Powered Taxi
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. Heavy-duty steel axles
. Rear axle differential for outstanding maneuverability
Passenger Cab:
. Fiberglass passenger cab with steel suspension sub- frame available in a variety of gel coat
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Fork:
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Wheels & Hubs:
. 48-spoke hubs laced to aluminum alloy downhill rims
Components:
. 21-speed drivetrain with indexed, grip-shifting
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. mirrors -handlebar end mirrors - $20
. Battery recharger - 1.25 amp, 12-volt - Battery Tender - $55
. shipping crate - $170
Total Weight of Pedicab:
. Weight 160 lbs.
. approximately 50 inches wide, 110 inches long