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(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)
(a) It is unlawful for any pedicab licensee to display any advertising sign or device on or in a pedicab before the advertising sign or device is approved by the Commissioner and permitted pursuant to elements specified in this section and rules promulgated thereunder.
(b) Pedicab licensees or licensed advertising vendors may apply for permits to display an advertising sign or device on or in the pedicab. Separate permits are required for each advertising display. The Commissioner shall promulgate rules: (1) specifying the locations on the pedicab where advertising signs or devices may be displayed; (2) describing the permissible design, construction, and method of affixing the display to the vehicle; and (3) specifying insurance requirements for approving a permit to display an advertising sign or device on or in the pedicab. The rules also may include additional guidelines for such displays and the permit process. In establishing such criteria, considerations shall include:
(1) visual clutter and aesthetics on the public way;
(2) the safety and comfort of passengers, pedicab chauffeurs, pedestrians, bicyclists, and motorists;
(3) the visibility of all information required by this chapter, Department rules, or any other law to be displayed on the interior or exterior of pedicabs, including, but not limited to, identifying numbers, ownership indicia, lights, and safety signals;
(c) The fee for the issuance of any advertising display permit shall be $25.00 for each display, due at time of application. This fee shall be in addition to the personal property lease transaction tax that applies to lease or rental payments pursuant to Chapter 3-32 of the Municipal Code. An advertising display permit applicant shall have satisfied all debt, as defined in Section 4-4-150, to the City before the Department may issue the permit.
(d) When the Commissioner has approved any type of advertising display device that involves the installation of a physical apparatus, the installation of the physical apparatus must pass inspection prior to issuance of the permit. The fee for such inspection shall be $100.00, due prior to the inspection.
(e) The Department shall inform applicants for an advertising display permit under this section whether the application is approved or disapproved within thirty business days after its receipt of the completed application, unless it gives the applicant written notice that it needs an additional thirty business days and the reasons therefor. If the application is approved and the requirements of subsections (c) and (d) complied with, the Department shall issue an advertising display permit. If the Department denies the permit application, it shall provide written notice of its decision within such time period, stating the specific grounds and rules that form the basis for such denial. If the Department fails to so act within thirty business days after receipt of the application, or sixty business days if it has given notice of the need for an additional review period, the application shall be deemed granted and the permit shall be issued, provided that the permit fee has been paid.
(f) An advertising permit issued under this section shall expire one year after the date of issue, unless it is surrendered, revoked, or terminated prior to that date.
(g) No permit for advertising issued pursuant to this section shall be transferred or assigned.
(h) The denial, rescission, suspension, or revocation of a license issued pursuant to this chapter shall act as the suspension or revocation of any advertising permit issued hereunder to the affected pedicab.
(Added Coun. J. 11-14-18, p. 90376, Art. IV, § 4; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
(a) Pedicab licensees shall post a fare schedule on each pedicab that meets the size, format and location requirements provided in rules and regulations promulgated by the commissioner. This fare schedule shall be clearly visible to the public at all times.
(b) It is unlawful for a pedicab chauffeur to demand from a passenger a fare greater than the fare contained in the posted fare schedule.
(c) Subsection (b) of this section does not apply to fares for special tours, provided that the fare for the special tour is agreed upon in writing between the passenger and the pedicab chauffeur prior to the beginning of the tour.
(d) Pedicab licensees shall post on each pedicab signage identifying the licensee, including the licensee name and phone number. This signage shall meet the size, format and location requirements provided in rules and regulations promulgated by the commissioner. This signage shall be clearly visible to the public at all times.
(Added Coun. J. 4-30-14, p. 80633, § 1)
(a) Except as otherwise provided in this code, the Commissioner may seek all applicable penalties, including but not limited to fines, license suspension, and license revocation in addition to restitution or other equitable relief against any licensee or pedicab chauffeur who violates any of the provisions of this chapter or any rules or regulations adopted pursuant to this chapter.
(b) The Commissioner shall promulgate rules and regulations regarding the lengths of suspension and the amounts of fines to be imposed, and the types of equitable relief to be ordered, for specific violations or license types. Before any suspension or revocation or fine is imposed, or equitable relief is ordered, the licensee shall be notified of the specific charges against him and of his right to a hearing in accordance with Chapter 2-14 of the Code.
(c) Upon suspension or revocation of a license or imposition of any fine for cause under the provisions of this chapter, the Commissioner shall remove the license decal, metal plate, and pedicab chauffeur license card from the licensee. The Commissioner shall notify the Department of Police of every suspension or revocation and of the termination of any suspension. The Department shall charge the licensee for the costs to replace the license decal upon payment of fines and termination of suspension. These costs shall be set by the Commissioner's rules.
(d) If the Commissioner has information provided by a law enforcement agency or any court of law that a licensee or pedicab chauffeur has been charged with the commission of: (1) 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 (2) an alleged act that raises concerns of public safety; or if a licensee or pedicab chauffeur is under an outstanding arrest warrant issued by a court of any jurisdiction, the Commissioner shall immediately suspend all licenses of the licensee until final adjudication is made with respect to such charges.
(e) Whenever a licensee's or pedicab chauffeur's driver's license has been revoked, suspended or otherwise invalidated by the Illinois Secretary of State or other similar authorized agency, the licensee's or pedicab chauffeur's license shall be subject to automatic suspension for the same period that the driver's license is revoked, suspended or otherwise invalidated.
(f) Any person whose pedicab license or pedicab chauffeur license is revoked under this chapter shall be ineligible to receive another pedicab license or pedicab chauffeur under the same or a different name for a period of three years following revocation.
(g) Upon the suspension, revocation or non-renewal of a pedicab vehicle license, the licensee shall immediately, during business hours, surrender the pedicab license plate, hard card and decal to the Department's Public Vehicle Office.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
In the event that the commissioner, after investigation, determines that any licensee has: (1) obtained any license pursuant to this chapter by fraud, misrepresentation, willful misstatement or omission of any material fact; (2) failed to carry out any representation made to the commissioner before the issuance of such license; or (3) willfully made any material misstatement of fact on any statement filed with respect to the issuance of the license with the department or another city department, the license of such licensee shall be subject to revocation.
(Added Coun. J. 10-8-14, p. 92379, § 1)
Each licensee that has obtained any license pursuant to this chapter shall notify the commissioner in writing of any change of information previously supplied to the commissioner by the licensee within 72 hours of the change.
(Added Coun. J. 10-8-14, p. 92379, § 1)
(a) Whenever any changes occur in the officers of the licensee, the licensee shall notify the Department in accordance with the procedures set forth in subsections (b) and (c) of this section. For purposes of this section, the term "officer of the licensee" means the members of a partnership, the officers, directors, managers or shareholders of a corporation, or the owners, managers or managing members of a limited liability company or other legal entity licensed pursuant to this chapter.
(b) If any officer of the licensee is removed from office in accordance with the bylaws, operating agreement, partnership agreement for the licensee, pursuant to law or court order, by reason of death, or for any other reason, and such officer is not replaced, then the licensee shall notify the Department of the change by form provided by the Department within 30 days of the effective date of the change. The licensee shall submit any additional information pertaining to the removal of any officer requested by the Commissioner within 10 days of such request. The Commissioner will assess a $25 fee for processing the removal of the officer.
(c) If any officer, manager or shareholder of the licensee is removed from office in accordance with the bylaws, operating agreement or partnership agreement for the licensee, pursuant to law or court order, by reason of death or for any other reason, and the person removed from office is replaced by another person, then the licensee shall notify the Department of the change by filing with the Department a change of officer form provided by the Department within 30 days of the effective date of the change. The person replacing the removed officer must meet the qualifications specified in Chapter 9-110 and is subject to investigation as detailed in Chapter 9-110. The licensee shall submit to the Department: (i) the change of officer form as promulgated by the Commissioner in rules; (ii) a $100.00 change of officer processing fee; and (iii) any other supplementary materials promulgated by the Commissioner in rules.
(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
(a) The commissioner, the comptroller, the commissioner of transportation, and the commissioner of streets and sanitation are authorized to enforce this chapter. The department of police is authorized to enforce the safety-related provisions of this chapter and all traffic laws, ordinances, rules and regulations as they apply to pedicab licensees and chauffeurs.
(b) The department of police and the department of streets and sanitation are authorized to impound pedicabs for such violations of rules and regulations promulgated hereunder which specify impoundment as a consequence of violation. When a pedicab is impounded, the city shall notify the owner or any person who is found to be in control of the pedicab at the time of the alleged violation, if there is such a person, of the fact of the impoundment and the pedicab owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code. If the owner or other person in control of the pedicab cannot be found, the City shall publish such notice one day a week for two consecutive weeks in a newspaper of general circulation. Except as otherwise provided in this section, the applicable provisions of Section 2-14-132 and Chapter 9-92 of this Code shall apply when a pedicab is impounded pursuant to this section. For purposes of applying Section 2-14-132 and Chapter 9-92 of this Code to this section, the term "vehicle" or "motor vehicle" as used in Section 2-14-132 or Chapter 9-92 shall instead be read to mean a pedicab, and the term "owner of record" shall instead be read to mean "owner."
(Added Coun. J. 4-30-14, p. 80633, § 1)
If any person violates any of the provisions of this chapter or any rule or regulation promulgated hereunder, such person shall be subject to a fine of not less than $100.00 and not more than $500.00 for each such violation. Each day that any violation shall continue shall be deemed a separate and distinct offense. A second or subsequent violation of this chapter committed within 12 months of a previous violation under this chapter shall be ground for a fine of not less than $500.00 and not more than $1,000.00 or community service, or any combination thereof for each violation.
In addition to fines, penalties for any violation of this chapter may include license suspension, rescission, revocation, or impoundment pursuant to Section 9-110-180(b).
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5; Amend Coun. J. 4-17-24, p. 11059, § 2)
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