(a) A pedicab driver shall be subject to all provisions of State and local law governing the operation of a bicycle, which include, but are not limited to, provisions of the Ohio vehicle and traffic law, and rules of the Village for the operation of taxi-cabs and vehicles for hire. A pedicab driver must operate a pedicab in compliance with the approved Village map designating permitted routes, which shall be on file with the police department.
(b) A pedicab driver shall not:
(1) Operate a pedicab to transport more than the number of passengers the vehicle is rated to carry.
(2) Operate a pedicab in motion while a passenger is standing in such pedicab.
(3) Permit a pedicab to be operated simultaneously by anyone in addition to him or herself.
(4) All pedicab drivers are subject to and shall obey all applicable traffic safety laws, rules and regulations of the Village of Put-in-Bay and the State of Ohio.
(5) A pedicab shall not be driven on sidewalks or on a trail intended for the use of pedestrians and non-motorized vehicles.
(6) No person shall use or allow any pedicab to be used for any illegal purpose. No person shall use or permit or allow any pedicab to be used in or to aid or abet any unlawful act.
(7) Pedicabs are not permitted to park on streets, highways or a thoroughfare except as follows:
A. Any portion of a street so designated for the parking as a "pedicab stand" by the Chief of Police;
B. In a legal parking space, provided that the fee for occupying the space is paid, if applicable.
C. A single pedicab may park temporarily at the curb only as long as necessary for passengers to board and exit the vehicle.
D. In all cases pedicabs shall be parked in a location that does not impede other pedestrian or vehicular traffic.
(8) Operate a pedicab while such pedicab driver's ability to operate such pedicab is impaired by the consumption of alcohol, the use of any drug or by any other means or while such pedicab driver is in an intoxicated condition. A pedicab driver operating a pedicab which has been involved in an accident or has been operated in violation of division (a) of this section shall be deemed to have given consent to a breath test and shall, at the request of a police officer, submit to a breath test to be administered by the police officer. Failure to submit to such breath test shall serve as the basis for an immediate suspension of the pedicab driver's license, subject to a prompt post-suspension hearing.
(9) Operate a pedicab without a currently valid motor vehicle driver's license or while such pedicab driver's Ohio State motor vehicle driver's license or privilege to drive in Ohio is suspended or revoked.
(10) Pursuant to the authority of R.C. § 4301.62(f)(2) the Village enacts that no person shall consume or possess a container which is open, uncapped or upon which the seal was broken, any alcoholic or intoxicating beverage, including, but not limited to, beer and wine within or on a quadricycle, and that any such violation shall be a violation of the open container prohibited provision of the Ohio Revised Code and the ordinances of the Village of Put-in-Bay.
(c) A pedicab business shall submit to the Police Department, upon such form prescribed by the Chief of Police, a written report of every accident relating to a pedicab owned or operated by such pedicab business within 24 hours after the occurrence of such accident. Such form shall be signed by a principal or officer of such pedicab business as well as by the pedicab driver involved in such accident with an affirmation of the truth of the contents of the form.
(d) If there are exigent circumstances and a police officer or other authorized officer or employee of the Village directs a pedicab driver to move his or her pedicab from any street, avenue or other location, such pedicab driver shall not operate his or her pedicab at such street, avenue or location for the duration of such exigent circumstances.
(1) For the purposes of this division (d), exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, existence of any obstructions in the public space, an accident, fire or other emergency, a parade, special event or other such event at or near such location.
(e) If there are exceptional circumstances, the police chief, in consultation with the Mayor and/or Village Administrator, shall be authorized, upon notice, to restrict or prohibit any pedicab driver from operating his or her pedicab on any street, avenue or other location for a specified period of time.
(1) For the purposes of this division, exceptional circumstances shall include, but not be limited to unusually heavy pedestrian or vehicular traffic, existence of any obstructions in the public space, a parade, special event or other such event or occurrence at or near such location.
(Ord. 1150-17. Passed 4-10-17; Ord. 1208-19. Passed 4-17-19.)