ARTICLE VI. LOW-SPEED ELECTRIC PUBLIC PASSENGER VEHICLES (9-114-375 et seq.)

9-114-375 License – Required.

   It shall be unlawful for any person to operate a low-speed electric public passenger vehicle without obtaining a license for each such vehicle pursuant to this chapter.

(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 7)

9-114-380 Specifications.

   In addition to other requirements provided by law, no vehicle shall he licensed as a low-speed electric public passenger vehicle unless:

   (1)   the vehicle has a manufacturer's rated seating capacity of ten or less persons, including the driver; and

   (2)   the vehicle meets applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type and proposed use.

(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 7)

9-114-385 Operating requirements.

   (a)   It shall be unlawful for any person:

      (1)   to operate, or cause to be operated, a low-speed electric public passenger vehicle unless such operator holds a valid public chauffeur license, as defined in Section 9-104-010;

      (2)   to operate a low-speed electric public passenger vehicle 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 may not operate machinery while taking the medication;

      (3)   to operate a low-speed electric public passenger vehicle within the City while not in possession of a valid permanent driver's license issued by any state, district or territory of the United States;

      (4)   to operate, or cause to be operated, a low-speed electric public passenger vehicle within the City while not in possession of proof of liability insurance as specified in Section 9-114-170; or

      (5)   to operate or cause to be operated a low-speed electric public passenger vehicle that is not in compliance with Section 9-114-380.

   (b)   No low-speed electric public passenger vehicle licensee shall offer any food or beverage for consumption in the vehicle.

   (c)   No person may drink any alcoholic liquor while such person is operating or being transported by a low-speed electric public passenger vehicle, nor may any person transport, carry, possess or have any alcoholic liquor while being transported by a low-speed electric public passenger vehicle, except in the original package with the seal unbroken.

(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 7)

9-114-390 Advertising displays.

   (a)   It is unlawful for any low-speed electric public passenger vehicle licensee to display any advertising sign or device on or in such vehicle before the advertising sign or device is approved by the Commissioner and permitted pursuant to the elements specified in this section and rules promulgated thereunder.

   (b)   Low-speed electric public passenger vehicle licensees or licensed advertising vendors may apply for permits to display an advertising sign or device on or in the vehicle. Separate permits are required for each advertising display. The Commissioner shall promulgate rules: (1) specifying the locations on the vehicle 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 vehicle. The rules also may include additional guidelines for such displays and the permit process. In establishing such criteria, considerations shall include:

      (i)   visual clutter and aesthetics on the public way;

      (ii)   the safety and comfort of passengers, low-speed electric public passenger vehicle chauffeurs, pedestrians, bicyclists, and motorists; and

      (iii)   the visibility of all information required by this chapter, Department rules, or any other law to be displayed on the interior or exterior of low-speed electric public passenger vehicles, 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 $100.00 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 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 applicant is in compliance with subsections (c) and (d), 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, or within sixty business days if it has given notice of the need for an additional review period, after receipt of the application, 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 low-speed electric public passenger vehicle license issued pursuant to this chapter shall act as the suspension or revocation of any advertising permit issued hereunder to the affected vehicle.

(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 7)

9-114-395 Solicitation of passengers prohibited.

   (a)   No low-speed electric public passenger vehicle licensee or low-speed electric public passenger vehicle chauffeur shall solicit potential passengers. Low-speed electric public passenger vehicles may only be used to provide a transportation service prearranged through an Internet-enabled application or digital platform, telephone, or other electronic means. For purposes of this subsection, the term "solicit" means a licensee's or public chauffeur licensee's appeal by words or gestures, attempting to direct people to a low-speed electric public passenger vehicle that is parked, stopped, standing or moving upon the public way.

   (b)   No low-speed electric public passenger vehicle chauffeur shall accept or respond to passengers' or potential passengers' requests for service via traditional street hail, including hand gestures and verbal statements.

   (c)   No low-speed electric public passenger vehicle shall be parked on designated taxicab stands. In addition, no low-speed electric public passenger vehicle shall be parked on any public way for a time longer than is reasonably necessary to accept passengers in answer to a prearranged transportation service.

(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 7)

9-114-400 Prohibited or restricted areas of operation.

   No person may operate a low-speed electric public passenger vehicle in areas where, and at times when, such operation is prohibited under Section 9-48-110*.

(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 7)

* Editor's note – As set forth in Coun. J. 6-25-21, p. 31925, Art. VI, § 7; intended reference is likely § 9-48-040. Future legislation will correct if needed.

ARTICLE VII. ENFORCEMENT* (9-114-410 et seq.)

* Editor's note – Coun. J. 6-25-21, p. 31925, Art. VI, § 7, renumbered former Article VI as Article VII.

9-114-410 Violation – Penalty.

   (a)   Any person who violates any provision of this chapter for which a penalty is not otherwise provided shall be fined not less than $100.00 nor more than $10,000.00. Each day that such violation shall continue shall be deemed a separate and distinct offense. In addition to fines, penalties for any violations of this chapter may include license suspension or revocation.

   (b)   Any person who violates Section 9-114-150, 9-114-280, 9-114-315 or 9-114-320 shall be fined not less than $250.00 nor more than $10,000.00 for each offense.

   (c)   Any person who violates Section 9-114-020 or 9-114-170 shall be fined not less than $1,000.00 nor more than $10,000.00 for each offense. In addition to the fine provided by this subsection (c) for unlicensed operation, the commissioner is authorized to issue a cease-and-desist order directing immediate cessation of unlicensed operation until proper licensure is obtained. A second or subsequent incident of unlicensed operation, or operation in violation of a cease-and-desist order, shall subject the violator to a minimum fine of $5,000.00.

(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 4-19-17, p. 47373, § 1)