(a) Application; renewal.
Application for pedicab permits hereunder shall be made to the Taxicab Board of Review upon such forms prescribed by the Director. Applications shall set forth the name and address of the applicant, the trade name under which he, she or it does business, the seating capacity of the pedicab for which the permit is desired, and any other information required by the Director.
Under no circumstances shall permits be issued to an individual or company that does not reasonably expect to have the permitted vehicle on the road and being operated by the permit holder or his employee within sixty (60) days. Under no circumstances shall a permit application be granted to any applicant who currently has one or more permits under revocation for a reason other than non-use. Permits shall not be issued in anticipation of transfer to others. If the application is granted, the applicant shall furnish to the Director prior to issuance or renewal of the permit information to include the name and address of the owner of the vehicle, a list of all persons who will be operating the permitted vehicle and any other information required by the Director.
(b) Issuance of pedicab permits.
The Taxicab Board of Review shall investigate and hold a hearing as to each applicant for a permit for pedicab. Such hearings shall be held at least quarterly each year. All applications to be considered at each hearing must be on file at the City of Toledo Central Permit Center at least five (5) full business days before the hearing. If the Taxicab Board of Review finds from its investigation and hearing that the applicant has not made false statements on the application, is not addicted to the use of alcohol or drugs, has obtained satisfactory criminal record checks as required by Chapter 775 of T.M.C., and/or finds that the public convenience and necessity justify the operation of the vehicle for which the permit is desired, the Board shall notify forthwith the applicant of its finding. Within sixty (60) days thereafter, the applicant shall furnish the Officer with all additional information required and, if the Director then finds that such vehicle is a safe and fit conveyance and that it complies with all the requirements of this Public Vehicle Code, he shall notify the Division of Taxation & Treasury, which shall issue a permit to the applicant upon payment of the proper permit fee and the furnishing of the required bond or insurance.
If the Taxicab Board of Review finds from such investigation and hearing that the public convenience and necessity do not justify the operation of the vehicle for which the permit is so desired, it shall forthwith notify the applicant of its finding.
(c) Permit fee and term; renewals.
Every permit shall expire on March 31 of each year. Except as hereinafter provided, the permit fee for each public vehicle shall be in the sum of one hundred dollars ($100.00), payable to the Division of Taxation & Treasury, such sum payable annually for each year for which same is issued. The initial permit fee for any new permit issued between January 1st and March 31st shall be reduced to fifty dollars ($50.00) to cover the remainder of the current license year.
Application for renewal may be made 30 days prior to expiration. Any permit not renewed by March 31st shall be subject to a surcharge in the amount of ten dollars ($10.00). All permits issued in accordance with the terms of this Chapter shall be renewed for each succeeding year without further hearing by the Taxicab Board of Review, providing there is compliance with all other requirements of this Pedicab Code.
(d) Permit stickers; transfer of permits; notification of substitution or sale.
At the time the permit is issued for any pedicab, there shall also be issued to the owner of such permit a sticker or a metal tag showing the year for which issued.
If at any time a permit is suspended or revoked, the owner of the permit shall remove from the vehicle or vehicles each identifying sticker and forthwith return each sticker to the Officer.
No such permit sticker shall be displayed on any pedicab except the one issued specifically for that vehicle. The sticker shall be affixed to the rear of the vehicle so as to be plainly discernible at all times.
In the event that the vehicle for which a permit has been issued becomes unsuitable for operation, an affidavit to such effect may be filed with the Director and the Director shall thereupon notify the Officer who shall transfer the permit to any other vehicle designated by the owner of such permit, provided such vehicle is approved by the Director.
No permit for any pedicab shall be transferred from one owner to another by the Officer except after application to the Taxicab Board of Review and a finding by the Taxicab Board of Review that such transfer will not be detrimental to the public interest. Such finding shall be arrived at in the same manner as per an original application, and the transferee of such permit shall comply with all the terms and conditions of this Pedicab Code governing pedicabs.
Any owner of a permit who, in violation of this section, shall transfer such permit without having first applied to and obtained the permission of the Board of Review shall be ineligible to apply for a permit for two (2) years after having so transferred such permit. This penalty shall be in addition to the penalties provided in this chapter for violation of the provisions of this chapter. Any permit so transferred in violation of this section shall be automatically cancelled and shall upon such transfer be and become forthwith null, void and invalid, and the operation of any vehicle under such cancelled permit shall be unlawful, and subject to all applicable penalties in this chapter specified. The transferee of such permit, receiving such transfer in violation of this section, shall be ineligible to apply for a permit for one (1) year following such illegal transfer.
Every owner of a permit for a public vehicle shall notify the Director upon the substitution or sale of such pedicab.
(e) Revocation of permits.
Non-use. Whenever any person, firm or corporation holding one or more permits for pedicabs shall for a period of sixty (60) consecutive days fail to make a reasonable and consistent effort to operate any such pedicab, except on account of an emergency over which the owner of the permit has no control, the Taxicab Board of Review may revoke the permit for such vehicle or vehicles; provided that this section shall not apply in the case of permits which have been suspended in accordance with the provisions of this section.
Employment of unlicensed drivers. No holder of any pedicab permit shall allow the permitted vehicle to be driven for hire by anyone who does not possess a pedicab operator's license.
Unsafe and unsanitary condition. Every pedicab shall be kept in a safe and sanitary operating condition, with the vehicle cleaned regularly inside and out and maintained with a neat and clean appearance, including, but not limited to, the presence of no visible body rust, no torn or ripped interior surfaces and no missing parts. Whenever a pedicab is found by any law enforcement officer not to be in a neat, clean, safe and sanitary operating condition, the Board of Review may suspend or revoke the permit of such pedicab.
Unlawful use. Upon information that any unlawful use of a permitted vehicle has occurred with the knowledge of the person holding the permit for such pedicab, or the knowledge of the operator of such vehicle, the Board of Review may suspend or revoke the permit for the vehicle involved or the pedicab operator's license of the driver involved, or both.
Misrepresentation in obtaining a permit or public vehicle operator's license. Whenever it shall appear upon investigation and hearing by the Taxicab Board of Review that a permit or pedicab operator's license issued hereunder has been obtained by misrepresentation, the Taxicab Board of Review may revoke such license and/or permit.
In the event that a law enforcement officer issues a citation for a violation of this section, the officer may, in addition to any penalties permitted by state or local law, tow and impound the vehicle pursuant to Toledo Municipal Code § 303.08 or immobilize the vehicle at its current location and may administratively revoke on a temporary basis the owner's permit until such time of the next regular Taxicab Board of Review meeting. Provided, however, that any owner or company that has not had a previous temporary revocation whose permit is temporarily revoked may petition the Taxicab Board of Review to, for good cause shown, hear the matter prior to its next regular meeting. Upon hearing by the Taxicab Board of Review, under circumstances where a vehicle is so driven, the Taxicab Board of Review may suspend or revoke the permit for the vehicle concerned.
(f) Escrowing permits; resumption or transfer of escrowed permits.
Any person holding one (1) or more permits for pedicabs issued pursuant to the provisions of this chapter, may file with the Taxicab Board of Review an application for the holding in escrow of any number of the permits held by the applicant. Application for such escrow shall be made to the Board on blanks furnished by the Director and shall set forth such information as may be required by the Board. The Taxicab Board of Review shall conduct an investigation and hold a hearing as to each application for the escrow of permits. If the Board finds from such investigation and hearing that the public convenience and necessity justify the escrow of all or a part of the permits designated in the application, they shall forthwith notify the applicant, the Director and the Officer indicating the permits as to which the application is granted. The applicant shall thereupon deposit with the Officer all the stickers issued for the escrowed permits and shall be entitled to a certificate from the Director certifying that the permits of the vehicles designated are escrowed.
No insurance or bond shall be required during the period for which the escrow is in effect. During the time of escrow the permittee may sell or otherwise dispose of any vehicle the permit of which has been duly escrowed.
The holder of an escrowed permit, or the assignee of such holder, may at any time apply to the Taxicab Board of Review for the right to resume the use of such escrowed permit. The applicant shall comply with all the provisions as in the case of the renewal of a permit. If the Taxicab Board of Review and the Director are satisfied that all the provisions are complied with, the requisite stickers shall be issued and assigned to the permittee in accordance with Section 773.06 and the applicant shall again be permitted to operate the vehicle or vehicles covered by the permits with the same privileges of renewal as attached to such permit or permits prior to their being escrowed.
Nothing herein contained shall prevent a transfer of a permit from owner to owner, as is provided herein, or the transfer of the right to the renewal of a permit or permits for vehicles under escrowed operation or their substitute as provided herein.
(g) Board of Review may make regulations.
The Taxicab Board of Review, in consultation with the Director of Public Safety, is hereby authorized and empowered to establish and adopt such additional procedural rules and regulations governing the issuance of permits for, and licenses to drive, pedicabs, and for the holding and conduct of their meetings, as may be reasonable and necessary and not inconsistent with the provisions of this Pedicab Code. This authority shall specifically include the ability to require renewing permit holders to provide a sworn affidavit certifying that the permit holder has been fully in compliance with all of the regulations and requirements of this Pedicab Code for the prior license year as a prerequisite for renewal of a permit.
(h) Business records.
Upon demand by the Director or the Taxicab Board of Review, the holder of a public vehicle owner's permit shall provide such records of his or her or its business activity as are necessary to verify compliance with the various requirements of this Public Vehicle Code. The holder of a public vehicle owner's permit shall maintain such records for a minimum of three (3) years.
(i) Standards.
(1) The pedicab shall, at all times when in use as such:
A. Display adequate headlights, taillights and a passenger display light as approved by the Director.
B. Display a reflectorized slow moving vehicle emblem in conformance with Ohio R.C. 4513.11 (B), or with alternative reflecting material visible to the rear pursuant to Ohio R.C. 4513.11 (F) as determined by the Director.
C. Display, visible to the side at night, a light and/or reflectorization as determined by the Director.
D. Be equipped with seats for the operator and all passengers.
E. Maintain a rubber surface on the wheel traction surface in conformance with Ohio R.C. 4513.25.
F. Not be wider than eight feet, to include fenders, running boards and safety mirrors and devices.
(Ord. 175-16. Passed 5-24-16.)