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(a) It is unlawful for any person to operate or cause to be operated a pedicab unless the pedicab has been licensed and issued a pedicab license decal by the Commissioner pursuant to this section. The Commissioner shall provide a pedicab license decal to a pedicab licensee once the licensee has obtained a pedicab license and met the requirements of this chapter. Each pedicab in operation must be licensed. The pedicab license decal shall be affixed in a manner prescribed by the Commissioner by rule.
(b) The Commissioner shall deliver with each pedicab license a metal plate of such size and material as the Commissioner shall determine which shall bear the words: “City of Chicago” and the license number of the pedicab. Said metal plate must be affixed to the back side of the passenger carriage in a conspicuous and visible manner. In addition, each pedicab licensee shall be issued a decal with an identification number established by the Commissioner. The decal pertaining to the pedicab must be affixed on the metal plate on the back side of the passenger carriage in a place and position and in a conspicuous and visible manner, unobstructed by spare tires and advertisements displayed on the pedicab, and in a condition to be clearly legible. If a metal plate or decal is lost, stolen or damaged so as to require replacement, the licensee shall make application to the Commissioner for a duplicate plate or decal on forms provided by the Commissioner. In the case of a damaged plate or decal, the licensee shall return such plate or decal with such application. Upon receipt of an application and the payment of a replacement fee of $50.00 for a duplicate metal plate or $25.00 for a duplicate decal, the Commissioner shall issue a duplicate metal plate or decal to the licensee.
(c) Application for the issuance or renewal of a pedicab decal shall be made in writing to the Department on a form provided by the Commissioner and signed and sworn to by the licensee and a qualified technician not employed by the licensee. A pedicab license decal will be issued only for a pedicab that meets all of the following requirements:
(1) The pedicab must be no more than 55" wide and 120" long;
(2) The pedicab shall be equipped with:
(i) a functioning headlight capable of projecting a beam of white light for a distance of 500 feet;
(ii) functioning taillights mounted on the right and the left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab;
(iii) hydraulic or mechanical disc or drum brakes, which are unaffected by rain or wet conditions;
(iv) spoke or wheel rim reflectors on each wheel of the pedicab;
(v) a seatbelt for all passengers or seatbelts for every passenger that secure the passengers in a safe manner to prevent personal injuries;
(vi) turn lights;
(vii) a bell or another similar audible signaling device; and
(viii) such other equipment as required by rules and regulations promulgated by the Commissioner.
(d) The total number of initial pedicab license decals to be issued shall not exceed 200 (two hundred). No licensee shall be issued, or shall control, in whole or in part, directly or indirectly, more than 20 percent of the total number of pedicab license decals available to be issued. The Commissioner may increase the total number of pedicab license decals to be issued and may determine the percentage of pedicab license decals to be issued to a licensee by rules and regulation promulgated pursuant to this chapter. In making such determination, the Commissioner shall consider the impact that additional pedicabs may have on the safe and efficient flow of traffic in the city and shall consult with the Superintendent of Police and the Commissioner of Transportation, or their respective designees, before raising the number of pedicab license decals to be issued. If the Commissioner determines that there are more qualified applicants for pedicab license decals than the maximum number of decals that the Commissioner has set to issue at any given time, the Commissioner shall conduct a lottery or other neutral process for allocating decals among qualified applicants as set forth by rules promulgated by the Commissioner.
(e) A pedicab license decal is non-transferable. A pedicab license decal is valid for the duration of the pedicab license. If a pedicab license is not renewed on time, or the pedicab license is no longer valid, or the required insurance lapses, the pedicab license decal shall be void. If a licensee fails to renew a pedicab license, the licensee shall return the pedicab license decal and metal license plate to the Department within 30 days of the date of license expiration. Displaying an expired pedicab license decal or metal license plate shall be considered a deceptive business practice, subject to the sanctions under Section 2-25-090.
(f) Each pedicab license decal shall be numbered and the number of the pedicab license decal shall be painted or affixed on each side and back of each pedicab in a place and position and in a conspicuous and visible manner, unobstructed by spare tires and advertisements displayed on the pedicab, and in a condition to be clearly legible, pursuant to rules and regulations promulgated by the Commissioner. It shall be the responsibility of the licensee to paint or affix such number on the pedicab.
(g) To register a pedicab in order to secure a pedicab license decal, the pedicab licensee must provide a unique identification number associated with the pedicab, such as a manufacturer's stamp on the bottom bracket; or if there exists no stamp, the licensee must inscribe or engrave a unique identification number on the bottom bracket, and provide such unique identification number to the Department.
(h) If the licensee decides to change a pedicab within the licensing period, the licensee must submit a written request to the Commissioner and register the new pedicab. The Commissioner shall provide a duplicate metal plate and decal upon payment of the replacement fees provided in subsection (b) of this section.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 10-8-14, p. 92379, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5; Amend Coun. J. 4-17-24, p. 11059, § 1)
(a) Indebtedness: All owners licensed under this chapter must be in good standing with the City in reference to debt pursuant to and as defined in Section 4-4-150 of this Code.
(b) Child support: All owners licensed under this chapter must be in compliance with court-ordered child support pursuant to and as defined in Section 4-4-152 of this Code.
(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
Every licensee engaged in a pedicab business shall keep and provide accurate books and records of account of his operations at his place of business in the city for a minimum of three years. Such records must be submitted for inspection upon the request of the commissioner.
(Added Coun. J. 4-30-14, p. 80633, § 1)
No person shall engage in the occupation of a pedicab chauffeur without having secured a pedicab chauffeur license issued under this chapter. A person engages in the occupation of a pedicab chauffeur by seeking or accepting a fee, an economic benefit of a donation or gratuity, or any form of compensation (goods or services) for providing transportation to passengers in a pedicab.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 3-16-16, p. 20056, § 3)
The fee for the issuance of a new, renewed or duplicate pedicab chauffeur license shall be $40.00 and shall not be prorated. A pedicab chauffeur license shall be valid for a period of no more than two years from the date of its issuance. A pedicab chauffeur license shall be renewed as provided by rules promulgated by the commissioner. A pedicab chauffeur license is non-transferable.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 3-16-16, p. 20056, § 3; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. II, § 2)
(a) Application for a new or renewed pedicab chauffeur license shall be made in writing to the Department on a form provided by the Commissioner and signed and sworn to by the person seeking a pedicab chauffeur license. The application form shall require the following information:
(1) The applicant's full name and residence address;
(2) The applicant's date of birth;
(3) The applicant's driver's license number; and
(4) Such other information as required by rules and regulations promulgated by the Commissioner.
(b) An applicant is qualified to receive a new or renewed pedicab chauffeur license if the applicant:
(1) has possessed a valid permanent driver's license of any state, district or territory of the United States, for at least one year, and shall not currently have a suspended or revoked driver's license in any state, district, or territory;
(2) is at least 18 years of age;
(3) has not had a previous pedicab chauffeur license application denied or rescinded within the 12-month period preceding the date of application; and
(4) has not been convicted, found liable, placed on supervision or any similar deferral program, or subject to conditional discharge for three or more traffic regulations governing the movement of vehicles of any kind in any jurisdiction:
(i) for new license applicants, for violations that occurred within a 12-month period preceding the application; or
(ii) for renewal license applicants, for violations that occurred within a 12-month time period during the applicant's last license term;
(5) has successfully completed a training course, if required, and license examination, as prescribed by the Commissioner, unless deemed unnecessary for that applicant pursuant to rule;
(6) does not owe debt to the City of Chicago as the term "debt" is defined in Section 4-4-150 of this code;
(7) has not had a previously issued pedicab chauffeur license revoked within the 3-year period preceding the date of application;
(8) has not had his driver's license cancelled, suspended or revoked by any governing jurisdiction as a result of a driving-related incident within the 12-month period preceding the date of application;
(9) has not been: (i) required to register as a sex offender pursuant to the Sex Offender Registration Act (730 ILCS 150/1, et seq.) or a comparable law of another jurisdiction; or (ii) required to register as a violent offender against youth pursuant to the Murderer and Violent Offender Against Youth Registration Act (730 ILCS 154/1, et seq.) or a comparable law of another jurisdiction; or (iii) sentenced by a court of any jurisdiction to a life-time parole or supervision; or (iv) currently under an outstanding arrest warrant issued by a court of any jurisdiction;
(10) has not, within the 3-year period preceding the date of application to be a chauffeur, been convicted by a court of any jurisdiction, in custody, under parole, under any other non-custodial supervision, or any similar deferral program, or subject to conditional discharge, resulting from a finding or determination of guilt by a court of any jurisdiction for any of the following offenses:
(i) any forcible felony as defined by Article 2-8 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-8;
(ii) any controlled substance trafficking (as provided in 720 ILCS 570/401.1 or comparable law) or trafficking in persons (as provided in 720 ILCS 5/10-9 or comparable law);
(iii) operating a motor vehicle under the influence of a controlled substance, cannabis, alcohol or other substance which impairs one's ability to safely operate a motor vehicle (as provided in 625 ILCS 5/11-501 or comparable law);
(iv) criminal sexual assault (as provided in 720 ILCS 5/11-1.20 or comparable law), criminal sexual abuse (as provided in 720 ILCS 5/11-1.50 or comparable law), promoting prostitution (as provided in 720 ILCS 5/11-14.3 or comparable law), child pornography (as provided in 720 ILCS 5/11-20.1 or comparable law), stalking (as provided in 720 ILCS 5/12-7.3 or comparable law), or any similar offense;
(v) unlawful use or possession of a weapon or firearm (as provided in Chapter 24 of the Illinois Criminal Code of 2012 or comparable law);
(vi) arson (as provided in 720 ILCS 5/20-1 or comparable law);
(vii) racketeering or organized criminal activity (as provided in 720 ILCS 5/33G-1, et seq., or comparable law); or
(viii) any crime that raises public safety concerns, as determined by the Commissioner; and
(11) has not, within the 1-year period preceding the date of application, been convicted or released from incarceration, whichever occurs later, for any of the following offenses: (i) any non-forcible felony, as the term felony is defined in Section 2-7 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-7; (ii) identity theft; (iii) forgery or counterfeiting; or (iv) theft of property valued over $1,000.
(c) An applicant who has been charged with the commission of a felony as defined in Section 2-7 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-7, or a felony in another jurisdiction, or any crime that raises public safety concerns, as determined by the Commissioner, shall not be eligible for a public chauffeur license until final disposition of such charges.
(d) Any conviction for a minor cannabis offense, as defined in Section 4-4-005, shall not disqualify an applicant.
(e) If an application for the issuance or renewal of a pedicab chauffeur license is denied the applicant may, within ten days of the mailing of notice of the denial, make written demand upon the Commissioner for a hearing. Upon receipt of a timely written demand for a hearing, the Department shall within 30 days conduct a hearing. If at such a hearing the applicant establishes through competent evidence that the denial was based upon incorrect findings the Commissioner shall issue the license. If at such a hearing the denial is found to have been based upon correct findings the denial shall become final. After entry of a final denial the applicant shall be ineligible to make a new application for a period of 18 months.
(f) The Commissioner, upon receiving a complaint, is authorized to require any pedicab chauffeur licensee to: (i) be evaluated by an Illinois-licensed physician that the licensee has the capability to safely operate a pedicab; and (ii) take a test, conducted by authorities approved by the Commissioner, for the presence of any illegal drug (other than cannabis) or inebriating substance in the body. If the physician does not certify that the licensee has the capability to safely operate a pedicab, or if the licensee fails the drug or substance test, the Commissioner shall immediately suspend the licensee's pedicab chauffeur license for a period of 12 months. An applicant suspended under this section is ineligible to renew or apply for a license for a period of 12 months.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 10-8-14, p. 92379, § 1; Amend Coun. J. 3-16-16, p. 20056, § 3; Amend Coun. J. 6-22-16, p. 27771, § 4; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 8; Amend Coun. J. 11-26-19, p. 11547, § 18; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
(a) The Commissioner is authorized to enter into agreements, with the approval of the Mayor, with any state-approved vocational or technical schools that provide a training course to pedicab chauffeurs. The agreement may specify the curriculum and tuition cost for such course.
(b) The Commissioner is also authorized to approve the curriculum and tuition cost for pedicab chauffeur courses offered by any private entity not referenced in subsection (a).
(c) The Commissioner is authorized to prescribe, by rule, course curriculum and exam criteria specific to the training and licensing of pedicab chauffeurs. The training course for pedicab chauffeurs shall include:
(1) Guidelines on transporting passengers in a safe manner, consistent with the City's initiative to reduce and eliminate fatalities and serious injuries from traffic crashes (Vision Zero Initiatives);
(2) Guidelines on driving in the City, including rules of the road specific to the City;
(3) Guidelines for a zero-tolerance policy regarding use of intoxicating substances while operating a pedicab;
(4) Guidelines on providing service to people with disabilities;
(5) Guidelines on compliance with the City's laws specific to pedicabs; and
(6) Guidelines and information on compliance with other applicable laws and rules.
(d) The Commissioner may issue a temporary license for a period not to exceed 180 days to ensure a licensee's compliance with debt payment obligations, physical examination, rehabilitative educational classes, or when cases involving the licensee arc pending at the Department of Administrative Hearings, in traffic court, or other courts, as determined by the Commissioner.
(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
(a) The commissioner shall issue an identification card to a pedicab chauffeur who has received a pedicab chauffeur license. A photograph shall be attached to the identification license card in such a manner as the photograph cannot be removed and another photograph substituted without detection.
(b) While a pedicab is in operation, the pedicab chauffeur shall wear the identification license card at all times, in a manner clearly visible to the public.
(Added Coun. J. 4-30-14, p. 80633, § 1)
(a) Every person operating a pedicab shall have the same rights and be subject to the same traffic rules and laws as bicyclists, as stated in Chapter 9-52 of this Code and other applicable law, subject to those exceptions stated in this chapter or rules promulgated by the Commissioner pursuant to the provisions of this chapter.
(b) It shall be unlawful for any person:
(1) Who is under the age of eighteen years to operate a pedicab;
(2) To operate a pedicab while under the influence of alcoholic beverages or controlled substances other than medication prescribed by a physician, provided that such prescribed medication does not warn that the user not operate machinery while taking the medication;
(3) To operate a pedicab in any manner which impedes or blocks the normal or reasonable movement of pedestrian or vehicular traffic unless such operation is necessary for safe operation or is in compliance with the requirements of Section 9-52-040(c) of this Code or other applicable law;
(4) To operate, or cause to be operated, a pedicab in any area where the operation of a pedicab is prohibited by applicable law;
(5) To operate a pedicab within the City while not in possession of a valid driver’s license issued by the State of Illinois, or a valid driver’s license of another state, district or territory of the United States;
(6) To operate, or cause to be operated, a pedicab within the City while not in possession of proof of insurance as outlined in Section 9-110-080 of this chapter;
(7) To operate, or cause to be operated, a pedicab while there is attached thereto any additional trailer or any other passenger-carrying vehicle;
(8) To operate, or cause to be operated, a pedicab to transport more than four passengers;
(9) To operate or cause to be operated a pedicab that does not meet the specifications and requirements of Section 9-110-090(c); or
(10) To operate a pedicab upon any sidewalk.
(c) The pedicab chauffeur shall require that all passengers remain seated throughout the ride.
(d) No person operating a pedicab on the public wav shall employ any device or instrument that amplifies sound, including, but not limited to, any loudspeaker, bullhorn, amplifier, public address system, radio or device that plays recorded music, to generate any sound for the purpose communication or entertainment, except between the hours of 8:00 a.m. and 10:00 p.m. while such pedicab is actively providing transportation to passengers.
(e) No person may drink any alcoholic liquor as defined by law while such person is operating or being transported by a pedicab, nor may any person transport, carry, possess or have any alcoholic liquor while being transported by a pedicab, except in the original package with the seal unbroken.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 10-8-14, p. 92379, § 1; Amend Coun. J. 11-14-18, p. 90376, Art. IV, § 3; Amend Coun. J. 1-26-22, p. 43403, § 1)
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