No person shall drive or operate a commercial quadricycle upon the streets, highways or thoroughfares of the City of Battle Creek and no person who owns or controls a commercial quadricycle shall permit it to be so driven or operated unless the vehicle is in compliance with all of the requirements of this section.
(a) All commercial quadricycle owners must have the vehicle inspected by the BCPD prior to operation. All vehicles must be constructed for and have the structural integrity to support its operation. Each vehicle must be equipped with the following in working condition:
(1) Front and rear turn signals.
(2) Head lights.
(3) Tail lights.
(4) Rearview mirror.
(5) A bell or horn.
(6) Reflectors placed on each wheel and at each corner of the body of the vehicle.
(7) A proper braking system approved by the BCPD.
(8) A speedometer.
(9) Any other equipment required to comply with all applicable federal and state laws.
(10) All wheels must be firmly attached to the hub of the vehicle and all springs, axles, and supporting structures of each vehicle must be intact. A vehicle must not have any cracks, broken or missing parts, or other visible damage.
(b) Each commercial quadricycle owner shall, at all times, keep each commercial quadricycle vehicle clean and free of refuse and in safe operating condition. Prior to the operation of any commercial quadricycle, and at the beginning of each shift or day of operation, the vehicle owner shall thoroughly inspect the vehicle for safe operating conditions. For any condition found then or at any other time that will prevent the safe operation of the commercial quadricycle, the owner shall immediately remove the vehicle from service and correct the condition before the commercial quadricycle is returned to service.
(c) Each commercial quadricycle shall have a City-issued unique, non-transferable vehicle identification number at least four inches in height readily visible from a distance of 20 feet.
(d) Each commercial quadricycle owner shall provide a training program for its drivers covering, at a minimum, the safe operation of commercial quadricycle vehicles, customer service policies and the requirements of this chapter.
(e) Each commercial quadricycle owner shall at all times maintain a policy of bodily injury and property damage liability insurance in the minimum combined single limit of $2,000,000.00 for all persons injured or for property damage arising out of the permitted operation or such other amounts as they may be required by statute. The policy shall directly protect the City of Battle Creek, its officers and employees and agents as additional named insureds, and shall provide that the insurance be primary insurance and that no other insurance purchased or owned by the City will be called on to contribute to a loss covered by said policy. The policy shall further provide ten days’ notice of cancellation or material change to the City Risk Management department. Evidence of insurance coverage must be provided before any permit is issued. Prior approval of the City of Battle Creek is required. Each owner and operator shall further agree to hold the City harmless for any liability or claim arising out of his/her operation that is not covered by the required insurance. Any deviation from the listed insurance coverage is subject to the approval of the City of Battle Creek.
(f) If a commercial quadricycle vehicle is involved in an accident or collision, the driver shall immediately notify the commercial quadricycle owner (if the owner and operator are not the same individual) and the BCPD and remain at the scene until the accident or collision is investigated by BCPD. The commercial quadricycle owner shall submit a full written report on the condition of the vehicle to the City Clerk within 72 hours after the occurrence. Before operating the commercial quadricycle again, its owner shall have the vehicle re-inspected by BCPD for safety.
(g) Each commercial quadricycle owner must file an application and business information form with the City Clerk prior to operation. The City Clerk shall provide the application forms.
(h) All commercial quadricycle drivers must display an identification badge. Each identification badge must contain the following information:
(1) Operator/Driver Name;
(2) Name of commercial quadricycle business;
(3) Age;
(4) Height;
(5) Quadricycle Operator License number; and
(6) Photograph.
(Ord. 09-2017. Passed 6-20-17.)