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(A) Each person desiring to obtain a company operating certificate or driver's permit shall apply on forms provided by the City Clerk and shall include all information required by this article.
(B) There shall be a fee of $25 payable upon the filing of an application for a driver's permit.
(Ord. 17-08-09, passed 8-8-17)
DIVISION 2: DRIVER'S PERMIT
(A) It shall be unlawful for any person to operate a pedicab without first obtaining a valid driver's permit pursuant to the terms of this division.
(B) Each applicant for a permit required by this division must:
(1) Be at least 18 years of age;
(2) Possess eyesight correctable to 20/20 and not suffer from epilepsy, vertigo, heart disease or any other physical or mental condition which renders him or her unfit for safe operation of a passenger vehicle for hire;
(3) Be able to read, write and speak the English language and conduct financial transactions;
(4) Be neat and clean in dress and person;
(5) Not be addicted to the use of alcoholic beverages or controlled substances;
(6) Possess a valid North Carolina driver's license issued to the applicant; and
(7) Produce, at the applicant's expense, the applicant's court records, including any criminal record of the applicant in the applicant's country of origin. If the applicant has no criminal record, the applicant shall provide an affidavit indicating the lack of such record.
(C) Each applicant must also disclose whether the applicant has been charged with any criminal offense or infraction and produce evidence of the disposition thereof upon seeking issuance or renewal of a driver's permit. Failure to do so will result in the suspension or refusal to issue or renew a driver's permit.
(D) No application for a driver's permit shall be accepted from an applicant who has criminal charges pending against the applicant at the time of application. For purposes of this subsection, pending criminal charges shall not include traffic infractions.
(E) No application for a driver's permit shall be accepted from an applicant who does not meet all of the requirements stated in subsection (B) of this section.
(F) It shall be the duty of each permit holder to submit to the City Manager any change in information required to be submitted pursuant to this article.
(Ord. 17-08-09, passed 8-8-17)
Each pedicab company shall maintain a liability and property damage insurance policy insuring all of its pedicabs in the amount of, at least, $1,000,000 combined single limit for each accident, or bodily injury, death, and/or property damage written by a company authorized to transact business in the State of North Carolina and be rated B+ VI or higher by A.M. Best. The declarations page of such policy indicating the liability amounts and the policy period must be provided to the City Manager prior to issuance or renewal of any company operating certificate. Each separate part of the pedicab shall have a serial number affixed thereto and shall be listed on the insurance certificate. All such policies shall be kept in full force and effect at all times while any pedicab is operated within the city, and must cover a minimum period of 12 months. Proof of such insurance must be maintained within the vehicle at all times when operated within the city.
(Ord. 17-08-09, passed 8-8-17)
(A) It shall be the duty of every holder of a driver's permit to be hygienically clean, well-groomed, neat, and suitably dressed in compliance with the requirements of this section at all times while operating a passenger vehicle for hire.
(B) Each passenger vehicle for hire driver shall wear in plain view a tag containing the driver's name and the name of his or her company.
(C) Each driver shall wear clean clothing consisting of shoes, shirt, pants or short pants, knee length skirt or dress and, when necessary, an outer winter garment while operating a pedicab. If a hat is worn, it shall be free of any writing or logo except the passenger vehicle for hire company's name and logo.
(D) Clothing that is not considered appropriate and is not permitted for holders of a driver's permit includes: underwear (as an outer garment), tank tops, body shirts, swimwear, jogging suits, or similar types of attire when worn as an outer garment, athletic shorts or trunks (jogging or bathing), or sandals.
(E) Notwithstanding subsection (A), application for a driver's permit shall not be approved if the applicant's court record or evidence regarding the applicant supports a conclusion that it is not in the public interest for the application to be granted. Convictions, admissions, pleas of guilty or no contest to any of the following shall create a rebuttable presumption that the approval of the applicant's application is not in the public interest:
(1) Murder, including first degree and second degree;
(2) Voluntary manslaughter;
(3) Involuntary manslaughter;
(4) Felony death by vehicle;
(5) Felonious assaults and/or batteries;
(6) Robbery;
(7) Rape and other sex offenses; or
(8) Felonious drug offenses.
(F) The City Clerk shall not issue a driver's permit to any applicant who within the past five years has any driving while impaired (DWI) conviction or two or more arrests for DWI, within the state, or any comparable provision of the law of any other state, territory or possession of the United States of America.
(G) A driver's permit shall be valid for two years from the date of issuance. A driver's permit is personal to the driver's permit holder to whom it is issued and may not be transferred or otherwise assigned.
(Ord. 17-08-09, passed 8-8-17)
DIVISION 3: PEDICAB EQUIPMENT REQUIREMENTS
(A) It shall be unlawful for a driver to operate, or cause to be operated, a pedicab that is not in good working order, including, but not limited to, the operation of a pedicab that has:
(1) Exposed rust;
(2) Ripped upholstery or fabric;
(3) Exposed wood that is not painted and not in good condition;
(4) Exposed sharp edges;
(5) Dirt or debris on any surface accessible to patrons; or
(6) No manufacturer's serial or identification number on a pedicab.
(Ord. 17-08-09, passed 8-8-17)
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