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It is unlawful for any person, firm or corporation owning or having under its control any pedicab to operate the same or to suffer the same to be operated for public transportation upon the streets of the City unless a pedicab business license has been issued pursuant to the provisions of this article and is in full force and effect at the time of the operation upon the streets of the City as aforesaid. No license shall be issued for any such pedicab business except to a holder of a certificate as provided under article B of this chapter.
(Ord. 2008-51, 10-28-2008)
No person shall operate, or permit to be operated for public transportation, a pedicab owned or controlled by him or her upon the streets of the City without having first obtained a certificate of public convenience and necessity, as provided under article B of this chapter, authorizing the operation of a pedicab for public transportation.
(Ord. 2008-51, 10-28-2008)
A. Contents Of Application: Applications for pedicab business licenses shall be made on forms furnished by the City. The application must set forth the full name and address of the applicant, the number of pedicabs to be licensed under the business, and shall also contain such other information as the City may from time to time specify. It shall be unlawful to make any false statement on an application for any such license.
B. Fee For License: The fees for pedicab business licenses shall be as established in chapter 1, article B of this title.
C. Card Issuance; Contents: Upon payment of the necessary fees and the compliance with all other sections of this article, the Business License Coordinator shall issue to the holder a license card for each pedicab to be operated. The form and size of the card shall be prescribed by the Business License Coordinator and shall contain the name of the holder, together with any identification number or numbers, the date of issuance, and a statement to the effect that in case of any complaint, the Chief of Police and the holder shall be notified. The card shall be signed by the Business License Coordinator and shall be good for the license year of its issuance unless sooner revoked or suspended.
(Ord. 2008-51, 10-28-2008)
A. Licensing Requirements: Every person driving a licensed pedicab must have a pedicab driver's license. Each applicant for a pedicab driver's license must:
1. Be licensed by the Utah Department of Motor Vehicles as an operator, and operate a pedicab under the same restrictions, if any, placed on the person's driver's license;
2. Be of the age of eighteen (18) years or over;
3. Be of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him or her unfit for the safe operation of a public vehicle, taking into consideration any restrictions placed on the person's motor vehicle license;
4. Be able to read and follow traffic signs, safely handle a pedicab in and among motorized vehicles in an urban setting, communicate with passengers, and have knowledge of Ogden geography and the designated service zone;
5. Be a holder, or be employed by or under contract with a holder;
6. Obtain from the Ogden Police Department a criminal background check and driver's license history. An individual is not eligible for a driver's license who has had a felony conviction, or a conviction for driving under the influence of alcohol or drugs, or any citations for reckless driving within three (3) years from the date of application;
7. Fill out upon a blank form, to be provided by the Chief of Police, a statement giving the applicant's full name; residence; places of residence for five (5) years previous to date of application; age; height; color of eyes and hair; place of birth; whether the applicant has ever been arrested or convicted of a felony or misdemeanor; whether the applicant has ever been convicted for driving under the influence of alcohol or drugs or for reckless driving; whether the applicant has previously been a licensed driver or chauffeur and, if so, whether any such license has ever been revoked and for what cause; which statement shall be signed and sworn to by the applicant and filed with the Chief of Police as a permanent record. It shall be unlawful for the applicant to make any false statement on said form.
B. Photographs: Each applicant for a driver's license must provide four (4) "passport style" photographs of the applicant, taken within the thirty (30) days preceding the filing of the application. Such photographs shall be taken at the Ogden police office, if available. One (1) photograph shall be attached to the driver's license when issued, one (1) shall be attached to the plastic badge, one (1) shall be filed with the Business License Coordinator, and the fourth shall be retained by the Chief of Police. The photograph should be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall, upon demand of any police officer or passenger, exhibit the driver's license for inspection. Where the application for a license is denied, three (3) copies of the photograph shall be returned to the applicant and one (1) retained by the Chief of Police.
C. Fee; Issuance; Term: The fee for a driver's license shall be as established in chapter 1, article B of this title. Upon payment of the fee and compliance with the other requirements therefor, the Business License Coordinator shall issue the applicant a driver's license and the badge required by this article. The driver's license shall expire two (2) years after date of issue. It shall be in such form as to contain the photograph and signature of the licensee and a blank space upon which a record may be made of any arrest, revocation, suspension or serious complaint against the licensee. It shall be unlawful for any licensee to deface, remove or obliterate an official entry made upon the license.
D. Driver's Badge: There shall be delivered to each licensed driver a plastic badge of such form and style as the Chief of Police may prescribe, with the driver's picture, signature and license number thereon, which must, under penalty of the revocation of the license, be constantly and conspicuously displayed on the driver's cap or person when engaged as a pedicab driver. Such badge shall be nontransferable, and it shall be unlawful for any person to wear any such badge or one so similar as to deceive any person, unless the same has been regularly issued, as provided in this article, to the person wearing it.
E. License Denial, Suspension, Revocation:
1. Denials, suspensions or revocations shall be handled in accordance with the provisions of chapter 1, article C of this title, or its successor.
2. In addition to the grounds stated in chapter 1, article C of this title, the driver's license may be suspended or revoked for a violation of any of the provisions of this article, or for violation of any ordinance of the City or the State that involves a crime against the person or property of another. Any such suspension shall be noted on the license, together with a statement of the reasons thereof, and the driver shall thereupon be suspended or deprived of the driver's badge, the badge to be returned at the expiration of the period for which the license was suspended. A second suspension of any license shall revoke such license. No driver whose license has been revoked shall again be licensed as a driver for licensed public vehicles in the City except upon presentation of persons satisfactory to the Mayor, or the Mayor's designee.
(Ord. 2008-51, 10-28-2008)
There shall be kept in the Office of the Business License Coordinator a complete record of each license issued to a driver and of all renewals and revocations or suspensions thereof, which record shall be kept on file with the original application of the driver for a license.
(Ord. 2008-51, 10-28-2008)
The City authorizes a holder to operate a pedicab business upon streets within the City according to streets, routes and restrictions authorized by the City's Traffic Engineer in coordination with the Chief of Police. The authorized routes shall be subject to amendment from time to time by the City. Pedicabs are not permitted to operate on streets with a speed limit of forty (40) miles per hour or greater, except as necessary to access the intermodal transportation hub, or as may be required in emergency situations.
(Ord. 2008-51, 10-28-2008)
A. Schedule Of Rates: It shall be the duty of every holder to file with the Business License Coordinator a current schedule of rates to be charged per passenger, and no transportation shall be performed or service rendered except in conformity therewith. This section does not apply to fares for special tours, provided that the fare for the special tour is agreed upon between the passenger and the driver prior to the beginning of the tour.
B. Use Of Taxicab Stands: Pedicabs may use existing taxicab stands as established by the City in the Business District in section 10-3-2 of this Code.
C. Use Of Sidewalks, Paths, And Trails: Pedicabs shall remain on public streets. Pedicabs may load and unload adjacent to sidewalks but may not travel on sidewalks, paths, or trails.
D. Driver To Remain Near Pedicab: It is unlawful for any person, while engaged as a driver of a licensed pedicab, to leave the immediate vicinity of the pedicab except for the purpose of assisting passengers.
E. Occupant To Have Exclusive Use: When a pedicab is engaged, the occupant shall have the exclusive right to the full and free use to the passenger compartment, and it is unlawful for the driver of the pedicab to solicit or carry additional passengers therein except with the consent of the passenger.
F. Most Direct Route Required: Unless otherwise agreed to, any driver carrying passengers to a definite point at the request of the passengers shall take the most direct route possible that will carry the passenger safely and expeditiously to the desired destination.
G. Capacity: The pedicab manufacturer's recommended capacity shall not be exceeded and passengers shall remain seated throughout the ride.
H. Maintenance:
1. Maintenance Required: The holder shall conduct weekly maintenance, cleaning, and inspections of each licensed pedicab to ensure that they are maintained in a clean, safe, and operable condition, and maintain an inspection record for each pedicab.
2. Retention; Right Of Inspection: The holder shall retain and preserve all inspection records in a safe and convenient place for a period of time covering at least the current calendar year and the calendar year immediately preceding the current calendar year. Inspection records shall be available for review by the Chief of Police, the City Attorney and the Mayor, or any of them, or any person designated by any of them.
I. Inspection: At a minimum, licensed pedicabs are required to display a highly visible "Slow Moving Vehicle" sign on the rear of each pedicab, and be equipped with turn signals, headlights, taillights, horns, reflectors, and hydraulic brakes. The Chief of Police may, in the Chief's discretion, after the issuance of the license, conduct an inspection of any licensed pedicab. The Business License Coordinator shall refuse a license to, or if already issued, the Mayor, or the Mayor's designee, may revoke or suspend the license of, any pedicab found by the Chief of Police to be unfit or unsuited for public patronage. It is unlawful to operate or allow to be operated on the streets of the City any pedicab which fails to meet the minimum requirements specified in this subsection.
J. Display Of License Card; Driver's License: There shall be displayed within each licensed pedicab, within the plain view of any passenger, the pedicab license card, the driver's license card, the telephone number of the holder, and a statement that the Chief of Police and the holder are to be notified in case of any complaints.
K. Electric Assist: Licensee may utilize a pedicab equipped with an electric assist front hub motor provided that:
1. The electric assist motor is controlled by an onboard computer that will facilitate the monitoring and inspection of such motor by enforcement personnel; and
2. The maximum speed attainable through the use of such electric assist motor may be limited by the onboard computer system to ensure the pedicab does not exceed a velocity of twenty five (25) miles per hour;
3. The electric assist motor is equipped with automatic brake shutoff circuitry;
4. The electric assist motor does not exceed a combined voltage and amperage of 72V and 30C;
5. The electric assist motor is powered solely by electricity and does not produce noise in excess of fifty (50) decibels.
(Ord. 2017-16, 4-11-2017)
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