No person shall drive or operate a commercial quadricycle for hire 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 commercial quadricycle is operated in compliance with all of the requirements of this section.
(a) No person, firm or corporation shall operate a commercial quadricycle for hire without an operating permit.
(b) No person under the age of 18 shall operate a commercial quadricycle.
(c) No person under the age of 16 shall be permitted to be a passenger on a commercial quadricycle unless he or she is accompanied by a responsible adult.
(d) No person shall drive or operate a commercial quadricycle unless that person has a current valid Michigan driver’s license.
(e) No person shall operate, or cause to be operated, a commercial quadricycle, in an unsafe condition.
(f) Commercial quadricycles shall not be operated on a highway or street with a speed limit of more than 45 miles per hour except for the purpose of crossing that highway or street. All commercial quadricycle drivers are subject to all applicable traffic safety laws, rules, and regulations of the City of Battle Creek and the State of Michigan. Commercial quadricycles shall be operated at a speed of not more than 25 miles per hour.
(g) A commercial quadricycle is not permitted to park on public property except as follows:
(1) The City Manager or her/his designee may designate a portion of a public street, alley, plaza, park or similar public place as a “quadricycle stand” or other designated loading/unloading zones for the parking of commercial quadricycles.
(2) In a legal parking space, provided that the fee for occupying said space is paid, if applicable.
(3) A single commercial quadricycle may park temporarily at the curb only as long as reasonably necessary for passengers to board and exit the vehicle.
(4) In all cases, commercial quadricycle shall be parked in a location that does not impede pedestrian or vehicular traffic.
(h) A commercial quadricycle shall not board or allow passengers to exit the vehicle from a traffic travel lane if it will delay or disrupt traffic.
(i) A commercial quadricycle shall not be operated on a sidewalk.
(j) Fares and/or rental fees must be posted or agreed upon at or before the beginning of each trip.
(k) No person shall use or allow any commercial quadricycle to be used for any illegal purpose. No person shall use or permit or allow another to use any commercial quadricycle to aid or abet, any illegal act.
(l) No commercial quadricycle operator shall operate or knowingly permit any other person to operate any commercial quadricycle who has an alcohol content of greater than 0.00 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. No commercial quadricycle operator shall operate or knowingly permit any other person to operate any commercial quadricycle who is under the influence of any controlled, exhilarating or stupefying substance or any combination of substances mentioned herein.
(m) A commercial quadricycle passenger whose age is 21 years or older may consume, or possess in a container which is open, uncapped or upon which the seal was broken, any beer, wine, spirits, or a mixed spirits drink (collectively “alcoholic beverage”) within or on a quadricycle and this shall not be a violation of Section 604.02. This subsection shall not apply when the quadricycle is on any City park pathway or within any City park parking area except in compliance with Section 1060.02. However, this ordinance provision shall not be a defense to a violation of Section 618.06, which prohibits intoxication in any public place and engaging in conduct which endangers directly either the safety of another person or of property, or act in a manner that causes a public disturbance.
(n) Passengers shall not disembark, even temporarily, from a commercial quadricycle while possessing an open, uncapped, or upon which the seal is broken, alcoholic beverage.
(o) No person shall operate a commercial quadricycle when the number of passengers exceeds the number of available seats. No person shall operate a commercial quadricycle unless all passengers are seated in a seat designed for that purpose.
(p) Each commercial quadricycle owner shall adopt and operate a system for the collection, storage and return of personal property left on-board a commercial quadricycle.
(q) A commercial quadricycle being operated on a street, highway or thoroughfare between ½ hour after sunset and ½ hour before sunrise shall be equipped with a light on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear that shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lights on a motor vehicle. A light emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
(r) Operation of a commercial quadricycle within the areas permitted by this chapter shall be specifically prohibited:
(1) On a street closed in connection with an approved City Special Event Permit during the duration of the closure unless that special event permit specifically includes the operation of a commercial quadricycle pursuant to the event;
(2) On any highway or street under the jurisdiction of the Michigan Department of Transportation where it has been prohibited in the interest of public safety;
(3) On any street within the Central Business District during the hours of 7:00 – 9:00 a.m. or 4:00 – 6:00 p.m., Monday through Friday.
(Ord. 09-2017. Passed 6-20-17.)