Code of Ordinances_Non-Motorized Vehicles AmendmentMasterpiece on the Mississippi
Dubuque
kital
All- America City
II h/
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Non - Motorized Vehicles License Issuance and Appeal Procedure
Amendment
DATE: February 12, 2013
City Clerk Kevin Firnstahl recommends City Council approval of an amendment to Code
of Ordinances Title 4, Chapter, 7, Article A Non - Motorized Vehicles, to establish
procedures for the issuance of licenses for all non - motorized transportation businesses,
operator permits and establish appeal procedures for application denials for a license or
permit.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
kr,„ 7)4,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Kevin Firnstahl, City Clerk
Masterpiece on the Mississippi
Dubuque
All- America City
IIIIIr
2012
February 14, 2013
TO: Michael C. Van Milligen City Manager
FROM: Kevin S. Firnstahl, City Clerk
SUBJECT: Non - Motorized Vehicles License Issuance and Appeal Procedure
Amendment
INTRODUCTION
The City Clerk's Office and the City Attorney's Office have been reviewing the City Code
of Ordinances as it pertains to the issuance of licenses, operator permits, definitions
and the appeal process for non - motorized transportation.
DISCUSSION
The review primarily resulted in minor changes to verbiage and adding language to
establish consistency throughout the Code section and to help bring the actual
application process and application form into compliance with the requirements of the
Code:
• Expanded the definition of "nonmotorized vehicle" to include any conveyance
designed to carry and passengers which is propelled by a means other than a
motor, which encompasses horse -drawn carriages and pedicabs;
• Changed the word "driver" to "operator" with a clearer definition to be consistent
throughout the code;
• Condensing and combining multiple areas related to license requirements, fees
and insurance into one section and removing outdated or unclear language;
• Adding verbiage for the process and authority of denying a permit in addition to
suspension or revocation as well as clarifying the appeal process;
• Adding language that allows for the transferability of a permit;
RECOMMENDATION
I recommend City Council approval of the ordinance amendment. An Effect of
Amendment is attached for reference.
Thank you.
KF /pjm
cc: Crenna Brumwell, Assistant City Attorney
Maureen Quann, Assistant City Attorney
Attachments:
Ordinance Amendment
Prepared by Maureen A. Quann, Esq. 300 Main Street, Suite 330 Dubuque, IA 52001 563 589 -4381
ORDINANCE NO. 8 -13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC
TRANSPORTATION, ARTICLE A NONMOTORIZED VEHICLES, BY ESTABLISHING
THE PROCEDURES FOR THE ISSUANCE OF LICENSES FOR ALL
NONMOTORIZED TRANSPORTATION BUSINESSES, OPERATOR PERMITS FOR
OPERATORS OF SUCH NONMOTORIZED VEHICLES, AND THE APPEAL
PROCEDURE FOR A DENIAL OF AN APPLICATION FOR A LICENSE OR PERMIT
Section 1. Title 4, Chapter 7, Article A of the City of Dubuque Code of
Ordinances is amended to read as follows:
ARTICLE A
NONMOTORIZED VEHICLES
4 -7A -1: DEFINITIONS:
The following words and phrases, when used in this article, shall have the following
meanings:
HORSEDRAWN CARRIAGE: A chauffeured nonmotorized vehicle pulled by
horses and engaged in the business of carrying passengers.
NONMOTORIZED VEHICLE: Any conveyance designed to carry an operator and
passengers which is propelled by a means other than a motor.
OPERATOR: Any person who operates a nonmotorized vehicle for the transport
of passengers and who receives compensation for such service in wages or
commissions or who is otherwise paid, directly or indirectly.
PEDICAB: A chauffeured nonmotorized vehicle, propelled by pedals, for the
business of carrying passengers.
4 -7A -2: POSTING OF RATES:
No person may operate a nonmotorized 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.
4 -7A -3: OPERATION REQUIREMENTS:
A. Age Of Operator: The operator of a nonmotorized vehicle must be a person who
is at least eighteen (18) years of age and who holds a valid motor vehicle operator's
license.
B. Year Round Operation: The months of operation of a nonmotorized vehicle may
be year round beginning April 1.
C. Routes: Nonmotorized vehicles may be operated only on routes within the Main
Street district cultural corridor as established by the city manager. The city manager
may change such routes at any time in the event of a sudden hazard, construction,
special event, or as the city manager otherwise determines necessary.
D. Parking: The operator of a nonmotorized vehicle may stop, stand, or park at any
nonrestricted meters in the Main Street district cultural corridor.
E. Stopping For Picking Up Or Dropping Off: When collecting fees or picking up or
dropping off passengers, the operator may stop, stand, or park the nonmotorized
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. Use Of Streets: Nonmotorized vehicles may be operated only on city streets and
may not be operated on sidewalks.
G. Conducting Business On Private Property: The operator of a nonmotorized
vehicle may not conduct business on private property without the prior consent of the
property owner.
H. Use Of Passenger Compartment: Passengers are limited to the passenger
compartment of the nonmotorized vehicle and may not board or exit the vehicle while it
is in motion or in a traffic lane or intersection.
Alcoholic Beverages Prohibited: No open alcoholic beverage container or
consumption of alcoholic beverages is allowed in a vehicle or in the possession of the
operator or passengers.
J. Posting Notices Of Charges And Routes: The operator of a business providing
nonmotorized vehicle transportation must post notices in each nonmotorized 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. Vehicle Equipment: Nonmotorized vehicles must be equipped with headlights,
taillights, reflectors, and a slow moving vehicle sign.
■
L. Safe Condition Of Vehicle: The owner or operator of a nonmotorized vehicle
must keep it in safe operating condition at all times. The chief of police is hereby
authorized, either on complaint of any person or otherwise, to inspect a nonmotorized
vehicle and upon discovery of any unsafe condition, to notify the person operating the
vehicle to cease operation. Thereupon said nonmotorized vehicle must be kept off the
street until such unsafe condition has been corrected.
4 -7A -4: BUSINESS LICENSE REQUIREMENTS; FEES; INSURANCE:
A. Business License Required: No person may operate a pedicab, horsedrawn
carriage, or other nonmotorized passenger transportation business for the purpose of
public transportation, whether or not passengers are charged for the service, without
first obtaining an annual license therefor as provided in this article.
B. Application For Business License:
1. An application for a nonmotorized transportation business license must be
filed with the city clerk on a form provided by the city clerk.
2. The chief of police will investigate each application for a nonmotorized
transportation business license and a report of such investigation will be attached
to the application for consideration by the city clerk.
C. Consideration Of Application: The city clerk will, in consultation with the chief of
police and upon consideration of the application and the information required herein,
approve or reject the application.
D. Insurance: Prior to the issuance of a license, the applicant must submit to the city
clerk proof of, and must maintain at all times during operation of the business, such
insurance as the city manager shall determine appropriate.
E. Fees: At the time of issuance of a nonmotorized vehicle license, the applicant
must pay to the city manager a nonmotorized vehicle license fee established by the city
manager.
F. Denial, Suspension, Or Revocation Of License:
1. A license may be denied, suspended, or revoked by the city clerk for good
cause, including but not limited to, any of the following: misrepresentation on the
application for a nonmotorized transportation license, a violation of any of the
provisions of this article, any other ordinances of the city, or laws of the United
States or the state of Iowa which demonstrate the lack of fitness of the licensee
to offer public transportation.
2. Prior to the denial, suspension, or revocation, the licensee must be given
not less than ten (10) days' written notice by the city clerk.
3. In the event of the denial, suspension, or revocation of a nonmotorized
vehicle license, no other nonmotorized vehicle license may be issued to the
applicant for a period of two (2) years.
G. Display: The nonmotorized transportation license must ' be fastened upon the
vehicle and may not be removed until the expiration of the license.
H. Transfer Restricted: No nonmotorized transportation license may be sold,
assigned, mortgaged, or otherwise transferred.
4 -7A -5: OPERATOR'S PERMIT REQUIREMENTS:
A. Operator's Permit Required: No person may operate a nonmotorized vehicle for
hire upon the streets of the city and no person who owns or controls such vehicle may
permit it to be so driven, and no such vehicle may be so driven at any time for hire,
unless the driver of such vehicle has first been issued an operator's permit under the
provisions of this article.
B. Application For Operator's Permit:
1. An application for an operator's permit must be filed with the city clerk on a
form provided by the city clerk.
2. The city clerk will cause the chief of police to investigate each applicant for
a permit and a report of such investigation will be submitted to the city clerk.
Such report will state whether or not the applicant has a valid motor vehicle
operator's license.
C. Consideration Of Application: The city clerk will, upon consideration of the
application and the reports required by this article, approve or reject the application.
D. Issuance Of Permit; Duration; Annual Fee:
1. Upon approval of an application for a permit, the city clerk will issue a
permit to the applicant upon the payment of an annual fee as determined by the
city manager. Such permit will be in effect for the remainder of the calendar year.
The permit may be renewed every calendar year thereafter upon the payment of
an annual fee unless the permit for the preceding year has been denied,
suspended, or revoked.
2. The operator must wear the license upon his or her clothing at all times
during the operation of the vehicle.
E. Compliance With City, State, And Federal Laws: An operator permitted under this
article must comply with all applicable city, state, and federal laws in the operation of the
nonmotorized vehicle.
F. Denial, Suspension, Or Revocation of Permit:
1. The city clerk may suspend, revoke, or deny issuance of an operator's
permit for good cause, including but not limited to, any of the following:
a. Failure or refusal to comply with the provisions of this article;
b. Violation of any ordinances of the city, or laws of the United States,
the state of Iowa or any other state that demonstrates the lack of fitness of
the holder to offer public transportation; or
c. Misrepresentation on the application for an operator's permit;
2. Prior to the denial, suspension, or revocation, an operator must be given
not Tess than ten (10) days' written notice by the city clerk.
3. In the event of the denial, revocation, or suspension of an operator's
permit, no other operator's permit may be issued to the person for a period of
one (1) year thereafter.
G. Appeal: Within ten (10) days after the denial, suspension or revocation of an
operator's permit, a nonmotorized vehicle operator may file with the city clerk a written
notice of appeal to the city manager from such denial, suspension, or revocation. The
city manager must provide the nonmotorized vehicle operator with notice and an
opportunity to be heard on the issue of whether the operator's permit was properly
denied, suspended, or revoked.
H. Personal Nature; Transferability: The nonmotorized vehicle operator's permit is
personal to the operator and may not be sold, assigned, mortgaged, or otherwise
transferred.
I. Property Of City Clerk Upon Loss: If any operator's permit issued under this
article is lost or mislaid, the operator must report such fact to the city clerk immediately.
A duplicate permit will be issued upon payment of the fee as established by the city
manager.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 18th day of February
, 2013.
Ordinance No. 8 -13
Pg. 6
Attest:
Kevin S. Firnstahl, City erk
OFFICIAL
PUBLICATION
ORDINANCE NO. 8-13
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 4
BUSINESS AND LI-
CENSE REGULA-
TIONS, CHAPTER 7
VEHICLES FOR HIRE
AND PUBLIC TRANS-
PORTATION, ARTICLE
A NONMOTORIZED
VEHICLES, BY ESTAB-
LISHING THE PROCE-
DURES FOR THE
ISSUANCE OF LI-
CENSES FOR ALL
NONMOTORIZED
TRANSPORTATION
BUSINESSES,
OPERATOR PERMITS
FOR OPERATORS OF
SUCH NONMOTOR-
IZED VEHICLES, AND
THE APPEAL PROCE-
DURE FOR A DENIAL
OF AN APPLICATION
FOR A LICENSE OR
PERMIT
Section 1. Title 4,
Chapter 7, Article A of
the City of Dubuque
Code of Ordinances is
amended to read as
follows:
ARTICLE A
NONMOTORIZED
VEHICLES
4 -7A -1: DEFINITIONS:
The following words
and phrases, when clerk.
used in this article, C. Consideration Of
shall have the Application: The city
following meanings: clerk will, in con -
HORSEDRAWN CARRI- saltation with the chief
AGE: A chauffeured of police and upon
nonmotorized vehicle consideration of the
pulled by horses and application and the
engaged in the,_ information required
business of carrying herein, approve or
passengers. reject the application.
NONMOTORIZED VEHI- D. Insurance: Prior to
CLE: Any conveyance the issuance of a
designed to carry an license, the applicant
operator and passen- must submit to the city
gers which is propelled clerk proof of, and
by a means other than must maintain at all
a motor. times during operation
OPERATOR: Any of the business, such
person who operates a insurance as the city
nonmotorized vehicle manager shall - deter -
for the transport of mine appropriate.
passengers- and who E. Fees: At the time of
receives compensation issuance of a non-
for such service in motorized vehicle 1.1-
wages or commissions cense, the applicant
or who is otherwise must pay to the city
paid, directly or manager a nonmo-
indirectly. torized vehicle license
PEDICAB: A chauf- fee established by the
feured nonmotorized city manager.
vehicle, propelled by F. Denial, Suspension,
pedals, for the Or Revocation Of
business of carrying • License:
passengers. 1. A license may be
4 -7A -2: POSTING OF denied,. suspended, or
RATES: revoked by the city
No person may clerk for good cause,
operate a nonmotor- including but not
ized vehicle without limited to, any of the
posting in clear view following: misrepre-
within the passenger sentation on the
compartment a printed application for a
rate card large enough nonmotorized • trans -
to be read by the portation license, a
passengers in the violation of any of the
vehicle, showing the provisions • of this
rates. - article, any other
4 -7A -3: OPERATION ordinances of the city,
REQUIREMENTS: or .laws of the United
' A. Age Of Operator. States or the state of
The operator of a Iowa which demon -
nonmotorized . vehicle strate the lack of
must be a person who fitness of the licensee
is at least eighteen (18) to offer public
years of age and who transportation.
holds a valid ' motor 2. Prior to the denial,
vehicle operator's li- suspension, or revoca-
cense. tion, the, licensee must
B. Year Round Opera - be given not less than
tion: The months of ten (10) days' Written
operation of a notice by the city clerk.
nonmotorized vehicle 3. In the event of the
may be year round denial, suspension, or
beginning April1. revocation of a
C. Routes: Nonmotor- nonmotorized vehicle
ized vehicles may be license, no other
operated only on nonmotorized vehicle
routes within the Main license may be issued
Street district cultural -to, the applicant for a
corridor as established period`oftwo (2) years.
by the city manager. G. Display: The non -
The city manager may motorized transporta-
change such• routes at tion license must be
any time 'in the event 'fastened upon the
of a sudden hazard, vehicle and may not be
construction, special removed until the
event, or as the city expiration of the
manager otherwise license.
determines necessary. H. Transfer Restrict -
D. Parking: The ed: No nonmotorized
operator of a nonmo- transportation license
torized vehicle may may be sold, assigned,
stop, stand, or park at mortgaged, or other -
any nonrestricted Wise transferred.
meters in the Main 4 -7A -,5i OPERATOR'S
Street district cultural PERMIT REQUIREMENTS :'.
corridor. A. Operator's Permit
E. Stopping For Required: No person
Picking Up Or Dropping may, operate a. non-
Off:, When collecting ..:motorized' Vehicle a for
feesAr picking up :or. hire upon ;the streetsiof
dropping off passen'- the City and no person
gers,, the operator may who owns br controls
stop, stand, or 'park the such , vehicle may
nonmotorized vehicle permit it to be so
only , in approved driven and no such
locations or parallel to 'vehicle may be so
the curb; taking care driven at any time for
not to block traffic hire, unless the driver
lanes, crosswalks; or `of such vehicle has
intersections, Or • to first been issued an
otherwise impede the :operator's permit
flow . of vehicular ,•,or under tip provisions of
pedestrian traffic: thls article
F. Use Of Streets; A. Applc tioI& for
Nonmotorized vehicles operator's+ ��tar
may be operated only 1. Ari appGicati n ?for
on city streets and may an 'operators permit
not be operated on must be filed with the
sidewalks city clerk, on a form
G. Conducting Busi provided by the pity _
ness -PrRrate- tt8rk
Property: The operator 2. The city clerk will
of a nonmotorized cause .:the,, chief of
vehicle may not police to;-,Investigate
conduct business on each-,'applicant for a
private property with-. , perlrbkapd a report of
out the prior consent of sucnvestigation will
the property owner. be submitted to the
H., Use Of Passenger city clerk. Such report
Compartment: Passen w�II state whether or
gets,`are limb edto he he- .applicant has;a
passenger compprt lid ,y�rnotor vehicle
ment- of the non gperator'slicense--
motorized vehicle and C. Consideration Of
may not board or'exf't . Application- The city
the vehicle while it 'sin . clerk will, upon, con -
motion, or in a traffic sideration of ' the
lane or: intersection. application and ` the
I. Alcoholic Beverages reports required by
Prohibited NO open this article, approve or
alcoholic , beverage reject the application.
container consulnp- D- Issuance "Of Permit
tion of alcoholic bev Duration: Annual Fee:
erages is allowed in a 1. Upon approval of an
vehicle or in the application ' for ' a
possession of the oper- permit, the city clerk
ator orpassengers 1" will issue .a' permit to
l. 'Resting Notices Of the appficant'uportthe'
Charges And Routes paymetit Of an ann'u`al
The,. operator of 'a fee as determined by
business • providing the city manager. Such'
nonmotorized vehicle . pprmlt'will be in effect
transportation must for the remainder of
post' notices in each the calendar year, The
nonmotorized vehicle permit may be
and in each ;. waiting renewed every eaten-
. room or at each station dar year thereafter
owned or used by' the upon the payment of
operator stating the ail- annual fee unless
charges and. routes or the permit for the
methods of operation. preceding year has
K. Vehicle Equipment: been denied, sus -
Nonmotorized vehicles .:p`efided ;,orrevoked. •
Must he equipped with 2. The operator must
headlights, taillights; wear" the license upon
reflectors, and a slow his or her clothing at
moving vehicle sign. all times during the
L Safe Condition ,Pf operation of the
Vehicle: The owner or vehicle. '
operator of a, E. Compliance With
nonmotorized vehicle City, State, And Federal
must keep `it in Safe ` Laws: An . operator
operating condition at permitted • u.gder this
all times. The chief of article ' must comply
police is hereby with all applicable city,
authorized, either on state, and federal laws
complaint of any iri the operation of the
person or otherwise; to •nonmotorized vehicle.
inspect a nonmotorized F Dermal, Suspension,
vehicle and Aupayi:.;. -Q,G __ Jkav,ocation of
discovery , o.# y, 'Per„rtut- ,
unsafe' `cta dl n, o' 1 Th' eityy rntY
iG: ♦w .4 "-.w....• naW.,l +,' raviitOe '4Ffe
such denial, suspen-
sion, or .revocation. The
city manager must
provide the nonmo-
torized vehicle opera-
tor with notice and an
opportunity to be
heard on the issue of
whether the operator's
permit was properly
denied, suspended, or
revoked.
H. Personal Nature;
Transferability: The
nonmotorized vehicle
operator's permit is
personal to the
operator and may not
be sold, assigned,
mortgaged, or other-
wise transferred.
I. Property Of City
Clerk Upon Loss: If any
operator's permit is-
sued under this article
is, lost or mislaid, the
operator must report
such fact to the city
clerk immediately. A
duplicate permit will
be issued upon
payment of the fee as
established by the city
manager.
Section 2. This
Ordinance takes effect
on publication.
Passed, approved,
and adopted the 18th
day of February, 2013.
Roy D. Buol, Mayor:
Attest: Kevin S.
Firnstahl, City Clerk
Published in the
Telegraph Herald
newspaper on the 22nd
day of. February 2013.
/s /Kevin S. Firnstahl,
City Clerk
It 2/22
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: February 22, 2013, and for which the charge is $112.57.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this -y 1 day o , 20 ,C3 .
Notary Public in and for Dubuque County, Iowa.
rA3.' p' ,MARY K, WESTERc;i
_ (- '' Commission N!amher
operator of a,
nonmotorized vehicle
must keep * it in Safe
operating condition at
all times. The chief of
police is hereby
authorized, either on
complaint of any
person or otherwise, to
inspect a .nonmotorized
vehicle and ' upon_:,
discovery . of . any
unsafe condition, to
notify the person
operating 4he vehicle .
to cease afo'peratiohl
Thereupon .said non
motowed vehicle lust
be kept off tstreet
until such `unsafe .
condition has ' been
corrected.
4 -7A-4: BUSINESS LI-
CENSE REQUIREMENTS;
FEES; INSURANCE:
A. Business License
Required: No person
may operate a pedicab,
horsedrawn carriage,
or other nonmotorized
passenger transpor-
tation business for the
purpose of • public
transportation, whe-
ther or not passengers
are charged for the
service, without first
obtaining an annual
license therefor as
provided in this article.
B. Application For
Business'License:
1. An application for a
nonmotorized trans -
portation business
license must be filed,,
with the city clerk on a
form provided by the
city clerk.
2. The chief of police
will investigate each .
application for a
nonmotorized trans-
portation business
license and•a report of
such investigation will
be attached to the
application for con-
sideration by the city
E. Compliance With
City, State, And Federal
Laws: An operator
permitted under this
article must comply
with all applicable city,
state, and federal laws
in the operation of the
-nonmotorized vehicle.
F. Denial,' Suspension,
Or . -. Revocation of
Permit:
1. The city clerk may
susrpen'd revoke, or
de suara. Ci t`9 4'
I imp., for
good cause, mctuding
but no•tnllnuted p talry 'I
oftherfolloWing,
a. Failure or'refusal to
comply with 'the' pro-
visions of this article;
b. Violation of any
ordinances of the city,
or laws of the United
States, the state of
Iowa or any other state
that demonstrates the
lack of fitness of the
holder to offer public
transportation; or
c. Misrepresentation
on the application for
an operator's permit; ,
'2 Prior to the denial,
suspension, or revo-
cation, an operator
must be given not less
than ten (10) days'
written notice by the
city clerk.
,3. hi the event of the
denial, revocation, or .
suspension of . an
hperator's permit, no
other operator's permit
may be issued to the
person fot a period of
one (1), year• thereafter.
G. Appeal: Within ten
(10) 'days after the
denial', suspension or
revocation of an
operator's permit, a
nonmotorized vehicle
operator may file with
the city clerk a written
notice of appeal to the.
city manager from
Prepared by Maureen A. Quann, Esq. 300 Main Street, Suite 330 Dubuque, IA 52001 563 589 -4381
ORDINANCE NO. -13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC
TRANSPORTATION, ARTICLE A NONMOTORIZED VEHICLES, BY ESTABLISHING
THE PROCEDURES FOR THE ISSUANCE OF LICENSES FOR ALL
NONMOTORIZED TRANSPORTATION BUSINESSES, OPERATOR PERMITS FOR
OPERATORS OF SUCH NONMOTORIZED VEHICLES, AND THE APPEAL
PROCEDURE FOR A DENIAL OF AN APPLICATION FOR A LICENSE OR PERMIT
Section 1. Title 4, Chapter 7, Article A of the City of Dubuque Code of
Ordinances is amended to read as follows:
ARTICLE A
NONMOTORIZED VEHICLES
4 -7A -1: DEFIN ITIONS:
The following words and phrases, when used in this article, shall have the following
meanings:
HORSEDRAWN CARRIAGE: A chauffeured nonmotorized vehicle pulled by
horses and engaged in the business of carrying passengers.
NON MOTORIZED VEHICLE: Any conveyance designed to carry an operator and
passengers which is propelled by a means other than a motor.
OPERATOR: Any person who operates a nonmotorized vehicle for the transport
of passengers and who receives compensation for such service in wages or
commissions or who is otherwise paid, directly or indirectly.
PEDICAB: A chauffeured nonmotorized vehicle, propelled by pedals, for the
business of carrying passengers.
4 -7A -2: POSTING OF RATES:
No person may operate a nonmotorized 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.
4 -7A -3: OPERATION REQUIREMENTS:
A. Age Of Operator: The operator of a non motorized vehicle must be a person who
is at least eighteen (18) years of age and who holds a valid motor vehicle operator's
license.
B. Year Round Operation: The months of operation of a nonmotorized vehicle may
be year round beginning April 1.
C. Routes: Nonmotorized vehicles may be operated only on routes within the Main
Street district cultural corridor as established by the city manager. The city manager
may change such routes at any time in the event of a sudden hazard, construction,
special event, or as the city manager otherwise determines necessary.
D. Parking: The operator of a nonmotorized vehicle may stop, stand, or park at any
nonrestricted meters in the Main Street district cultural corridor.
E. Stopping For Picking Up Or Dropping Off: When collecting fees or picking up or
dropping off passengers, the operator may stop, stand, or park the nonmotorized
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. Use Of Streets: Nonmotorized vehicles may be operated only on city streets and
may not be operated on sidewalks.
G. Conducting Business On Private Property: The operator of a nonmotorized
vehicle may not conduct business on private property without the prior consent of the
property owner.
H. Use Of Passenger Compartment: Passengers are limited to the passenger
compartment of the nonmotorized vehicle and may not board or exit the vehicle while it
is in motion or in a traffic lane or intersection.
I. Alcoholic Beverages Prohibited: No open alcoholic beverage container or
consumption of alcoholic beverages is allowed in a vehicle or in the possession of the
operator or passengers.
J. Posting Notices Of Charges And Routes: The operator of a business providing
nonmotorized vehicle transportation must post notices in each nonmotorized 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. Vehicle Equipment: Nonmotorized vehicles must be equipped with headlights,
taillights, reflectors, and a slow moving vehicle sign.
L. Safe Condition Of Vehicle: The owner or operator of a nonmotorized vehicle
must keep it in safe operating condition at all times. The chief of police is hereby
authorized, either on complaint of any person or otherwise, to inspect a nonmotorized
vehicle and upon discovery of any unsafe condition, to notify the person operating the
vehicle to cease operation. Thereupon said nonmotorized vehicle must be kept off the
street until such unsafe condition has been corrected.
4 -7A -4: BUSINESS LICENSE REQUIREMENTS; FEES; INSURANCE:
A. Business License Required: No person may operate a pedicab, horsedrawn
carriage, or other nonmotorized passenger transportation business for the purpose of
public transportation, whether or not passengers are charged for the service, without
first obtaining an annual license therefor as provided in this article.
B. Application For Business License:
1. An application for a nonmotorized transportation business license must be
filed with the city clerk on a form provided by the city clerk.
2. The chief of police will investigate each application for a nonmotorized
transportation business license and a report of such investigation will be attached
to the application for consideration by the city clerk.
C. Consideration Of Application: The city clerk will, in consultation with the chief of
police and upon consideration of the application and the information required herein,
approve or reject the application.
D. Insurance: Prior to the issuance of a license, the applicant must submit to the city
clerk proof of, and must maintain at all times during operation of the business, such
insurance as the city manager shall determine appropriate.
E. Fees: At the time of issuance of a nonmotorized vehicle license, the applicant
must pay to the city manager a nonmotorized vehicle license fee established by the city
manager.
F. Denial, Suspension, Or Revocation Of License:
1. A license may be denied, suspended, or revoked by the city clerk for good
cause, including but not limited to, any of the following: misrepresentation on the
application for a nonmotorized transportation license, a violation of any of the
provisions of this article, any other ordinances of the city, or laws of the United
States or the state of Iowa which demonstrate the lack of fitness of the licensee
to offer public transportation.
2. Prior to the denial, suspension, or revocation, the licensee must be given
not less than ten (10) days' written notice by the city clerk.
3. In the event of the denial, suspension, or revocation of a nonmotorized
vehicle license, no other nonmotorized vehicle license may be issued to the
applicant for a period of two (2) years.
G. Display: The nonmotorized transportation license must be fastened upon the
vehicle and may not be removed until the expiration of the license.
H. Transfer Restricted: No nonmotorized transportation license may be sold,
assigned, mortgaged, or otherwise transferred.
4 -7A -5: OPERATORS PERMIT REQUIREMENTS:
A. Operator's Permit Required: No person may operate a nonmotorized vehicle for
hire upon the streets of the city and no person who owns or controls such vehicle may
permit it to be so driven, and no such vehicle may be so driven at any time for hire,
unless the driver of such vehicle has first been issued an operator's permit under the
provisions of this article.
B. Application For Operator's Permit:
1. An application for an operator's permit must be filed with the city clerk on a
form provided by the city clerk.
2. The city clerk will cause the chief of police to investigate each applicant for
a permit and a report of such investigation will be submitted to the city clerk.
Such report will state whether or not the applicant has a valid motor vehicle
operator's license.
C. Consideration Of Application: The city clerk will, upon consideration of the
application and the reports required by this article, approve or reject the application.
D. Issuance Of Permit; Duration; Annual Fee:
1. Upon approval of an application for a permit, the city clerk will issue a
permit to the applicant upon the payment of an annual fee as determined by the
city manager. Such permit will be in effect for the remainder of the calendar year.
The permit may be renewed every calendar year thereafter upon the payment of
an annual fee unless the permit for the preceding year has been denied,
suspended, or revoked.
2. The operator must wear the license upon his or her clothing at all times
during the operation of the vehicle.
E. Compliance With City, State, And Federal Laws: An operator permitted under this
article must comply with all applicable city, state, and federal laws in the operation of the
nonmotorized vehicle.
F. Denial, Suspension, Or Revocation of Permit:
1. The city clerk may suspend, revoke, or deny issuance of an operator's
permit for good cause, including but not limited to, any of the following:
a. Failure or refusal to comply with the provisions of this article;
b. Violation of any ordinances of the city, or laws of the United States,
the state of Iowa or any other state that demonstrates the lack of fitness of
the holder to offer public transportation; or
c. Misrepresentation on the application for an operator's permit;
2. Prior to the denial, suspension, or revocation, an operator must be given
not less than ten (10) days' written notice by the city clerk.
3. In the event of the denial, revocation, or suspension of an operator's
permit, no other operator's permit may be issued to the person for a period of
one (1) year thereafter.
G. Appeal: Within ten (10) days after the denial, suspension or revocation of an
operator's permit, a nonmotorized vehicle operator may file with the city clerk a written
notice of appeal to the city manager from such denial, suspension, or revocation. The
city manager must provide the nonmotorized vehicle operator with notice and an
opportunity to be heard on the issue of whether the operator's permit was properly
denied, suspended, or revoked.
H. Personal Nature; Transferability: The nonmotorized vehicle operator's permit is
personal to the operator and may not be sold, assigned, mortgaged, or otherwise
transferred.
I. Property Of City Clerk Upon Loss: If any operator's permit issued under this
article is lost or mislaid, the operator must report such fact to the city clerk immediately.
A duplicate permit will be issued upon payment of the fee as established by the city
manager.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the day of
2013.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
ARTICLE A
NON MOTORIZED VEHICLES
4 -7A -1: DEFIN ITIONS:
The following words and phrases, when used in this article, shall have the following
meanings:
me•mme e . . e.
of pascengerc and who receives any compensation for such service in wages or
commissions or who is otherwise paid, directly or indirectly.HORSEDRAWN
CARRIAGE: A chauffeured nonmotorized vehicle pulled by horses and engaged
in the business of carrying passengers.
NONMOTORIZED VEHICLE: Any conveyance designed to carry an driver
operator and passengers which is propelled by a means other than a motor.
OPERATOR: Any person who operates a nonmotorized vehicle for the transport -- - Formatted: Justified, Indent: Left: 0.5"
of passengers and who receives compensation for such service in wages or
commissions or who is otherwise paid, directly or indirectly.
PEDICAB: A chauffeured nonmotorized vehicle, propelled by pedals, forengaged
+r=i the business of carrying passengers.
4 -7A -2: POSTING OF RATES:
I No person s#al1may operate a nonmotorized 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.
4 -7A -3: OPERATION REQUIREMENTS:
Formatted: Justified
•- - - Formatted: Justified
A. Age Of DrOperator: The driveroperator of a nonmotorized vehicle shallmust
be a person who is at least eighteen (18) years of age and who holds a valid motor
vehicle operator's license.
IB. Year Round Operation: The months of operation of a nonmotorized vehicle may - - - -4 Formatted: Justified
be shall beare year round beginning April 1.
I C. Routes: Nonmotorized vehicles si may be operated only on routes within the— - - Formatted: Justifies
Main Street district cultural corridor as established by the city manager. The city
I manager may require such routes to be changed such routes at any time in the event of
a sudden hazard, construction, special event, or for such other reason as the city
manager otherwise determines fie- necessary.
I D. Parking: The operator of a nNonmotorized vehicles shall be allowed tomav stop,
stand, or park at any nonrestricted meters in the Main Street district cultural corridor.
E. Stopping For Picking Up Or Dropping Off: When collecting fees or picking up or
dropping off passengers, the driver shalRoperator may stop, stand, or park the
nonmotorized 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. Use Of Streets: Nonmotorized vehicles sgallmay be operated only on city streets* Formatted: Justified
and s#aal1may not be operated on sidewalks.
G. Conducting Business On Private Property: The driveroperator of a nonmotorized
vehicle s4al4mav not conduct business on private property without the prior consent of
the property owner.
H. Use Of Passenger Compartment: Passengers h's r,a�ll mare limited to the•--- 4
Formatted: . stifled
passenger compartment of the noru-noiurized vehicle and shallmay not board or exit the
vehicle while it is in motion or in a traffic lane or intersection.
I. Alcoholic Beverages Prohibited: No open alcoholic beverage containers or
consumption of alcoholic beverages doll bcis allowed in a vehicle or in the possession
of the driveroperator or passengers.
J. Posting Notices Of Charges And Routes: The operator of a business providing
nonmotorized vehicle transportation shaltmust post notices in each nonmotorized
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. Vehicle Equipment: Nonmotorized vehicles slaat4must be equipped with
headlights, taillights, reflectors, and a slow moving vehicle sign.
L. Safe Condition Of Vehicle: The owner or driveroperator of a nonmotorized - -- Formatted: Justified
vehicle sbal4must keep it in a-safe and operating condition at all times. The chief of
police is hereby authorized, either on complaint of any person or otherwisewithet[t-such
sam-plai-nt, to inspect atlas nonmotorized vehicle and upon discovery of any unsafe
condition, to notify the person operating the vehicle to cease operation. Thereupon said
nonmotorized vehicle shal1must be kept off the street until such unsafe condition has
been corrected.
4 -7A -4: BUSINESS LICENSE REQUIREMENTS; FEES; INSURANCE:
I A. Business License Required: No person s#amay operate a pedicab, horsedrawn+ �, Formatted: Justified
carriage, or other nonmotorized passenger transportation business for the purpose of
public transportation, whether or not passengers are charged for the service, without
first obtaining an annual license therefor as provided in this article.
B. Application For Business License:
1. An application for a nonmotorized transportation business license
sf}allmust be filed with the city 44apageFclerk on a form provided by the city
clerk.
(1) The name of the applicant.
business and the name and address of each partner, trustee,
owner, or other person with a financial interest in the applicant.
- Formatted: Justified, Indent: Left: 1"
Formatted: Justified, Indent: Left: 1.5", First
line: 0"
Formatted: Justified, Indent: Left: 1.5"
(3) A description of the methods, procedures, hours of operation,-----( Formatted: Justified, Indent: Left: 1.5
and o ent to be i ed
(I1) A map of the city showing the locations of proposed routes or +- - - - Formatted: Justified, Indent: Left: 1.5"
methods of operation, including proposed stations to stop, stand, or
park vehicles to pick up and drop off passengers and proposed
to the operation.
(5) The idcntification, descriptive information, and photographs of +- - - -[ Formatted: Justified, Indent: Left: 1.5"
city manager for each new driver before any driver operates a
nonmotorized vehicle for the purpose of public transportation.
or revocation of a license.
2. The city manager shall caisc thechief of police tGwill investigate each
application for a nonmotorized transportation business license and a report of
such investigation shallwill be
attached to the application for consideration by the city clerk.
Formatted: Justified, Indent: Left: 1.5
Formatted: Justified, Indent: Left: 1"
C. Consideration Of Application: The city manager shallclerk will in consultation - - - Formatted: Justified
with the chief of police and upon consideration of the application and the information
required herein, approve or reject the application. If the application is rejected, thc
D. Insurance: Prior to the issuance of a license, the applicant must submit to the city
clerk proof of, and must maintain at all times during operation of the business, such
insurance as the city manager shall determine appropriate.
E. Fees: At the time of filing the application, the applicant shall pay to the city
At
the time of issuance of a nonmotorized vehicle license, the applicant shall must pay to
the city manager a nonmotorized vehicle license fee established by the city manager.
F. Renewals: All licenses under this article shall expire on March 31 of each
year. Denial, Suspension, Or Revocation Of License:
1. A license may be denied, suspended, or revoked by the city clerk for good -- Formatted: Justified
cause, including but not limited to, any of the following: misrepresentation on the
application for a nonmotorized transportation license, a violation of any of the
provisions of this article, any other ordinances of the city, or laws of the United
States or the state of Iowa which demonstrate the lack of fitness of the licensee
to offer public transportation.
2. Prior to the denial, suspension, or revocation, the licensee must be given - Formatted: Justified
not less than ten (10) days' written notice by the city clerk.
3. In the event of the suchdenial, suspension, or revocation of a - - - Formatted: Justified
nonmotorized vehicle license, no other nonmotorized vehicle license mavw+l4 be
issued to theses# applicant for a period of two (2) years.
G. Display: The nonmotorized transportation license sgallmust be fastened upon the - { Formatted: Justified
vehicle and slaatlmay not be removed until the expiration of the license.
H. Suspension Or Revocation Of License:
-- - - ( Formatted: Justified
1. A license may be revoked or suspended by the city manager for a violation of -- - - Formatted: Justified
any of the provisions of this article, any other ordinances of the city, or laws of
thc United Statce or the state of Iowa which demonstrate thc lack of fitncec of thc
licensee to offer public transportation.
proposed action to be taken prior to suspension or revocation. The licensee may
suspension or revocation.
Formatted: Justified
I 4 Transfer Restricted: No nonmotorized transportation 44s:1ncss- license may be
sold, assigned, mortgaged, or otherwise transferred.
I 4 7A 5: DRIVER'SOPERATOR'S LICENSEPERMIT REQUIREMENTS:
• - - -( Formatted: Justified
A. Drivcr'c LiccnccOperator's Permit Required: No person sfaallmav operate a•--- �Formatted:Justified
nonmotorized vehicle for hire upon the streets of the city and no person who owns or
controls such vehicle shallmav permit it to be so driven, and no such vehicle
mav�l be so driven at any time for hire, unless the driver of such vehicle shall
havchas first been issued an driver's licenccoperator's permit under the provisions of
this article.
Application For Driver's LicenccOperator's Permit:
• - -( Formatted: Justified
1. An application for an driver's licenseoperator's permit staallmust be filed - - -- -(
Formatted: Justified
with the city maaagerclerk on a form provided by the city maaageFclerk.
2. The city maaagerclerk sl allwill cause the chief of police to investigate— Formatted: Justified
each applicant for a llceasepermit and a report of such investigation challwill be
submitted to the city managerclerk. Such report sballwill state whether or not the
applicant has a valid motor vehicle operator's license.
I C. Consideration Of Application: The city manager shallclerk will, upon----4
Formatted:
consideration of the application and the reports required by this article, approve or reject
the application.
D. Issuance Of LicenccPermit Duration; Annual Fee:
- - -( Formatted: Justified
1. Upon approval of an application for a liccnccpermit the city aaaaageFclerk * - - - -[ Formatted: Justified
shal -lwill issue a llsensepermit to the applicant upon the payment of an annual fee
as determined by the city manager. Such license shallpermit will be in effect for
the remainder of the calendar year. The license shallpermit may be renewed
every calendar year thereafter upon the payment of an annual fee unless the
liccnccpermit for the preceding year has been denied, suspended, or 4s-
suspension or has been revoked.
2. The driveroperator shallmust wear the license upon his or her #clothing• - - --1 Formatted: Justified
of the driver at all times during the operation of the vehicle.
E. Failure To ComplyCompliance With City, State And Federal Laws: An• Formatted: Justified
driveroperator licensedpermitted under this article shallmust comply with all applicable
city, state, and federal laws in the operation of the nonmotorized vehicle.
F. Denial, Suspension, Or Revocation of Permit:
• - - Formatted: Justified
1. The city clerk may suspend, revoke, or deny issuance of an operator's -- - Formatted: Justified, Indent: Left: 0.5"
permit for good cause, including but not limited to, any of the following:
)
a. Failure or refusal to comply with the provisions of this article: - - -( Formatted: Justified, Indent: Left: 0.5"
• Formatted: Justified, Indent: Left: 1"
b. Violation of any ordinances of the city, or laws of the United States,
the state of Iowa or any other state that demonstrates the lack of fitness of
the holder to offer public transportation; or
c. Misrepresentation on the application for an operator's permit:
• - - -( Formatted: Justified, Indent: Left: 1"
2. Prior to the denial, suspension, or revocation, an operator must be----1 Formatted: Justified, Indent: Left: 0.5"
given not less than ten (10) days' written notice by the city clerk.
3. In the event of thesus#a denial, revocation, or suspension of an operator's
permit, no other operator's permit may be issued to the person for a period of
one (1) year thereafter.
G. Appeal: Within ten (10) days after theef denial, suspension or revocation of an— Formatted: Justified
operator's permit, a nonmotorized vehicle operator may file with the city clerk a written
notice of appeal to the city manager from such denial, suspension, or revocation. The
city manager must provide the nonmotorized vehicle operator with notice and an
opportunity to be heard on the issue of whether the operator's permit was properly
denied, suspended, or revoked.
H. Personal Nature; Transferability: The nonmotorized vehicle operator's permit is
personal to the operator and may not be sold, assigned, mortgaged, or otherwise
transferred.
I. Property Of City Clerk Upon Loss: If any operator's permit issued under this
article is lost or mislaid, the operator must report such fact to the city clerk immediately.
A duplicate permit will be issued upon payment of the fee as established by the city
manager.
)