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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and combining multiple areas related to license requirements, fees and insurance into one section and removing outdated or unclear language; • Adding verbiage for the process and authority of denying a permit in addition to suspension or revocation as well as clarifying the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. )