(A) Findings of fact. The City Commission finds and declares that it is in the public interest and public welfare that pedicabs be regulated under the police power of the City of Mount Pleasant in order to promote the safety and welfare of the citizens and visitors to the city; to reduce interference with the flow of traffic through the city; that it is in the public interest that pedicab drivers be properly qualified persons; that the pedicabs be fit for their intended purpose; and that the safety and welfare of passengers be protected in the operation of pedicabs. The City Commission further finds that these aforementioned conditions may be adversely affected with the unregulated use of pedicabs on a regular basis on the public streets of the city. This section is authorized and adopted pursuant to sections 7b, 33, 518a, 624a, 625p, 657, 660, 662, 901 and 907 of the Michigan Vehicle Code (M.C.L.A. §§ 257.1 et seq.), as amended.
(B) Definitions. The following words, terms, and phrases, when used in this section, shall have the meaning ascribed to them in this division, except where the context clearly indicates a different meaning:
PEDICAB. Has the same meaning as a "commercial quadricycle" as defined by section 7b as amended of the Michigan Motor Vehicle Code (M.C.L.A. § 257.7b) and is a vehicle that satisfies all of the following:
(a) The vehicle has fully operative pedals for propulsion entirely by human power.
(b) The vehicle has at least four wheels and is operated in a manner similar to a bicycle.
(c) The vehicle has at least six seats for passengers.
(d) The vehicle is designed to be occupied by a driver and powered either by passengers providing pedal power to the drive train of the vehicle or by a motor capable of propelling the vehicle in the absence of human power.
(e) The vehicle is used for commercial purposes.
(f) The vehicle is operated by the owner of the vehicle or an employee of the owner of the vehicle.
PEDICAB DRIVER. A pedicab owner or a person employed by a pedicab owner who operates or is responsible for operating a pedicab.
OPERATING LICENSE. A written license issued by the City Clerk pursuant to this chapter that authorizes a person to operate a pedicab.
PEDICAB OWNER or LICENSEE. A person or entity that is licensed pursuant to this section to transport passengers on a pedicab for hire in the city.
(C) License required. No person or entity shall allow a pedicab to be operated upon any street, alley, highway or road within the city until a license has been issued by the City Clerk in accordance with this section and subject to this chapter. Any person or entity violating this division (C) shall be guilty of a misdemeanor and shall be punished as provided in § 10.99.
(D) Temporary permit. A pedicab owner may receive from the Clerk, upon consultation and approval of the Chief of Police, a temporary permit, valid for up to 14 consecutive days, for the use of public streets other than those permitted by division (E).
(E) Operation limited to certain public streets. A pedicab may only be operated on the public streets of the city and is otherwise limited as follows:
(1) Pedicabs may not operate on any street owned or maintained by the Michigan Department of Transportation;
(2) Pedicabs may not operate on any street owned or maintained by the Isabella County Road Commission;
(3) Pedicabs may not operate on any street owned or maintained by Central Michigan University;
(4) Pedicabs may not operate on Pickard Street;
(5) Pedicabs may not operate on non-motorized trails or sidewalks;
(6) Pedicabs may only pick up and drop off passengers in locations designated as an area for parking or for loading and unloading; and
(7) Notwithstanding the above prohibitions, pedicabs may cross prohibited streets at intersections, and may only do so in compliance with vehicular traffic control devices.
(8) The Chief of Police shall have the authority to temporarily suspend the operation of pedicabs within the city where, in the sole discretion of the Chief of Police, conditions for such operation become unsuitable or unsafe.
(9) Criminal misdemeanor. Any person violating any provision of this division (E) shall be guilty of a misdemeanor and shall be punished as provided in § 10.99.
(F) Application for license.
(1) In addition to any other facts required by the Clerk pursuant to this chapter, the application shall include the following information:
(a) The applicant's full name and residence address;
(b) The applicant's date of birth;
(c) The applicant's driver's license and number;
(d) A certificate of insurance satisfying the requirements of division (L); and
(e) A description of the pedicab, including at least the trade name, number of seats, serial number, if any, and body style.
(2) If the applicant is not an individual, the application shall include the name of the individual who will be acting as principal in charge of the licensee and shall sign the application. All owners of the applicant shall meet each of the requirements for individual applicants.
(G) Review of application. The application shall be reviewed in accordance with this chapter.
(H) Validity of operating license.
(1) The licensee is responsible for maintaining a list of all employees or contractors, including the licensee, who will operate the pedicab. The list will include the driver's name, address, date of birth, and driver's license number. The licensee shall conduct a background check for each pedicab driver and shall not employ as a pedicab driver any individual who does not possess a valid driver's license, or who has been previously convicted of a crime that involves violence against a person, possession of a controlled substance, or the operation of a vehicle under the influence of alcohol or a controlled substance as defined by the Michigan Vehicle Code.
(2) The driver of each pedicab is responsible to control litter on the vehicle and from its passengers so that it does not become windborne or is not deposited onto the streets or upon private property whereby it is licensed to operate.
(I) License fee. A fee in the amount specified by the City Commission pursuant to the chapter shall be filed with the license application.
(J) Operating regulations.
(1) Pedicabs are only licensed to be operated in the city as provided in division (E). Any person violating this division (J)(1) shall be guilty of a misdemeanor and shall be punished as provided in § 10.99.
(2) No person under the age of 18 shall operate a pedicab.
(3) No person shall operate a pedicab unless that person has a valid driver's license. Any person violating this division (J)(3) shall be guilty of a misdemeanor and shall be punished as provided in § 10.99.
(4) No person shall operate a pedicab in an unsafe manner.
(5) All pedicab operators must operate a pedicab in compliance with all traffic laws, rules, and regulations of the city and the State of Michigan, including the Uniform Traffic Code and the Michigan Vehicle Code, unless otherwise specified herein. Violations of the Uniform Traffic Code or Michigan Vehicle Code are punishable as set forth therein.
(6) Pedicabs shall not be parked on streets, highways, or thoroughfares and may only be parked, loaded or unloaded in designated areas as provided in division (E). Any person violating this division (J)(6) shall be guilty of a misdemeanor and shall be punished as provided in § 10.99.
(7) A person shall operate a pedicab in compliance with section 625p of the Motor Vehicle Code as amended. Notwithstanding the provisions in section 625p, no person shall operate a pedicab while intoxicated or while visibly impaired by alcohol or a controlled substance. INTOXICATED or VISIBLY IMPAIRED shall have the same meaning prescribed to those terms by the Michigan Vehicle Code, as amended. Any person violating this division (J)(7) shall be guilty of a misdemeanor and shall be punished as provided in § 10.99
. If the pedicab is so equipped or operated in a manner that the provisions of M.C.L.A. § 257.625 apply, then violation of this division (J)(7) shall be punishable as provided in the Motor Vehicle Code. In the event there is a conflict between the provisions of this section and the Motor Vehicle Code, the provisions of the Motor Vehicle Code shall prevail.
(8) No person shall operate a pedicab when the number of passengers exceeds the number of available seats in the pedicab. No person shall operate a pedicab unless all passengers are seated in a seat designed for that purpose. Any person violating this division (J)(8) shall be guilty of a misdemeanor and shall be punished as provided in § 10.99.
(9) Each pedicab owner shall adopt and operate a system for the collection, storage, and return of personal property left in a pedicab.
(10) Pedicabs shall not be operated in the city between the hours of 12:00 a.m. and 8:00 a.m. local time.
(11) Pedicabs shall be operated in a manner that does not impede the normal flow of traffic.
(12) Alcohol may be consumed by passengers in the passenger area of a pedicab being operated in compliance with this section. Pedicab operators shall not sell or distribute alcohol, unless otherwise licensed for such activity by the Michigan Liquor Control Commission.
(K) Fares. Fares to be charged for passenger service shall be established by the licensee. Said fares shall be posted in a conspicuous place on each pedicab.
(L) Insurance requirements.
(1) The owner of every pedicab shall procure for each such vehicle a property damage and personal injury liability policy written by a company authorized to do business in Michigan with a minimum best rating of A and satisfactory to the City Clerk. The policy shall at a minimum be in the amount of $1,000,000 per occurrence with a combined single limit of $2,000,000. The policy shall provide that 30 days written notice shall be given to the City Clerk before a policy is canceled, materially changed or not renewed. The city shall be named as an additional insured. A certificate of insurance shall be filed with the City Clerk at the time the application for license is filed and include a copy of the additional insured endorsement.
(2) Termination of insurance. In the event of cancellation of the policy of insurance required above, it shall be unlawful for the owner of any pedicab to allow said vehicle to be operated upon the streets, roads, alleys or highways of the city.
(M) Pedicab regulations.
(1) All pedicabs shall be equipped with such safety devices as are required by the State of Michigan.
(2) All pedicabs must be constructed for and have the structural integrity to support pedicab operations. Each pedicab vehicle must be equipped with the following:
(a) Front and rear illuminated turn signals;
(b) Headlights;
(c) Taillights;
(d) Rearview mirror;
(e) A bell or horn;
(f) Reflectors placed on each wheel and at each corner of the body of the pedicab;
(g) A proper braking system, including rear break lights;
(h) Reliable back up or power-assist capabilities in the event human power provided by passengers is insufficient to fully ascend any steep incline encountered by the pedicab during normal operations;
(i) A sealed refuse container for use by passengers thereon;
(j) Any other equipment required to comply with all applicable federal and state laws; and
(k) A pedicab must not have any cracks, broken or missing parts, or other visible damage. All wheels must be firmly attached to the hub of a vehicle and all springs, axles, and supporting structures of each pedicab vehicle must be intact.
(3) Each pedicab operator at all times shall keep each pedicab vehicle clean and free of refuse and in safe operating condition. Prior to the operation of any pedicab and at the beginning of each shift or each day of operation, the pedicab driver shall thoroughly inspect the pedicab for safe operating conditions and shall maintain records of such inspection, which shall be immediately presented for review upon request by any authorized city official. For any condition found then or at any other time that will prevent the safe operation of the pedicab, the pedicab operator shall immediately remove the pedicab from service and correct the condition before the pedicab is placed in operating service.
(4) Each pedicab shall have a unique, nontransferable vehicle identification number, issued by the City Clerk visible on the rear of the vehicle.
(5) Each pedicab owner shall prepare a training program for pedicab operators covering, at a minimum, the safe operation of pedicab vehicles, customer service policies, and the requirements of this section.
(6) If a pedicab is involved in an accident or collision, the pedicab operator shall immediately notify the pedicab owner and the Police Department and otherwise remain at the scene, unless it is unsafe to do so and otherwise comply with the provisions of M.C.L.A. §§ 257.618 or 257.622, as amended. Any person violating this division (M)(6) shall be guilty of a misdemeanor and shall be punished as provided in § 10.99.
(7) All pedicab drivers must display an identification badge provided by the licensee. Each identification badge must contain the following information:
(a) Name;
(b) Photograph; and
(c) Business address and telephone number of the company that owns and operates the pedicab.
(N) Licenses granted pursuant to this section are subject to renewal, suspension or revocation in accordance with this chapter.
(O) Violations; municipal civil infractions. A person who violates any provisions of this section is responsible for a municipal civil infraction, unless otherwise designated. The first violation is punishable by a civil fine of $100 plus costs and other sanctions, for each violation. Second and subsequent violations are subject to a fine of $500, plus costs and other sanctions, for each violation. A third violation within one year shall result in immediate revocation of the license subject to this chapter. The Chief of Police or his or her designee is hereby designated as the authorized city official to issue municipal civil infraction violation notices (directing alleged violators to appear at the City Municipal Ordinance Violations Bureau) for violations under this chapter as provided by this code.
(P) Conflicts. To the extent any provision of this section conflicts with any applicable provision of state law, the state law provision shall prevail, but only to the extent necessary to give state law full force and effect. To the extent any provision of this section conflicts with any other provision of this chapter, the provision that provides more restriction or a stricter penalty shall prevail.
(Ord. 1078, passed 5-9-22)