HomeMy WebLinkAboutOrdinance 5346 ORDINANCE NO. 5346
AN ORDINANCE TO AMEND §117.80 DEFINITIONS OF THE
FAYETTEVILLE CODE, TO ENACT A NEW ARTICLE IX PEDICABS OF
CHAPTER 117 VEHICLE-RELATED BUSINESSES OF THE
FAYETTEVILLE CODE AND TO DECLARE AN EMERGENCY
WHEREAS, operators of pedicab companies have sought to begin operations within the
City of Fayetteville; and
WHEREAS, there are no current comprehensive regulations for pedicab operations
within Fayetteville, and such regulations are essential to protect the safety and welfare of
Fayetteville citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.80 Definitions of the Fayetteville Code by replacing the definition of Nonmotorazed
passenger transport vehicle with the following:
"Nonmotorazed passenger transport vehicle. A horse-drawn
carriage or similar vehicle pulled by horses or other livestock. "
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
Fayetteville City Code by enacting a new Article IX Pedicabs of Chapter 117 Vehicle-Related
Businesses which is attached hereto as Exhibit "A" and incorporated herein as if set out word for
word.
Page 2
Ordinance No. 5346
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines
that the immediate regulation of pedicabs is essential to protect the safety of Fayetteville citizens
and therefore declares that an emergency exists such that this ordinance shall be in full force and
effect from the date of its passage and approval.
PASSED and APPROVED this 17"i day of August, 2010.
APPROVED: ATTEST:
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ON
By r By: �•
ELD , Mayor SO RA E. SMITH, City Clerk/Treasurer
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ARTICLE IX
PEDICABS
§117.100 Definitions
For the purpose of this article, the following words §117.101 Certificate of Public Convenience And
and terms have the meaning ascribed thereto: Necessity Required; Issuance Procedure
Driver. An individual who operates a pedicab. (A) Certificate needed for operation. No person
shall operate or permit a pedicab owned, leased
Holder. A person who is granted a Certificate of or controlled by the person to be operated as a
Public Convenience and Necessity under this article vehicle for hire upon the streets or trails of the
to provide pedicab service in the city. city without having first obtained a Certificate
of Public Convenience and Necessity from the
Motorized electric powered tricycle. A tricycle Fayetteville City Council.
that is equipped with an electric assist motor.
(B) Information required for Certificate. An
Pedicab. A tricycle or a motorized electric application for a certificate shall be filed with
powered tricycle, not wider than fifty-four (54) the Police Department upon forms provided by
inches at its widest point, which transports or is held the city, and said application shall be verified
out to the public as available to transport passengers under oath and shall furnish the following
for hire, or for a gratuity, and is specifically designed information:
and manufactured for that purpose.
(1) The name and address of the applicant,
Pedicab service. The business of offering or including the name and address of all
providing transportation of persons for hire, or for a officers and stockholders of the company, if
gratuity, in a pedicab, when: incorporated, and the name, address and
telephone number of the person to whom
(1) A driver is furnished as part of the service; complaints should be directed;
and
(2) The financial status of the applicant,
(2) The service is offered only in accordance including the financial status of the officers
with a pre-approved route or within a zone and stockholders of the company, if
of operation by right. incorporated, including the amount of all
unpaid judgments against the applicant
Pedicab driver's permit, A permit issued to an (officers and stockholders of the company, if
individual by the Chief of Police to operate a pedicab incorporated), and the nature of the
for hire in the city. transaction or acts giving rise to said
judgments;
Operate. To drive or be in actual physical
control of a pedicab. (3) The experience of the applicant including all
officers and stockholders of the company, if
Permittee. An individual who has been issued a incorporated, in the transportation of
pedicab driver's permit under this article. passengers, especially as related to pedicabs;
Person. An individual, corporation, (4) Any facts which the applicant believes tend
governmental subdivision or an agency, trust, to prove that public convenience and
partnership, or two or more persons having a necessity require the granting of a
common economic interest. certificate;
Preapproved route. Pedicab service operating (5) The number of pedicabs to be available for
on a predetermined schedule with fixed pickup and operation or controlled by the applicant and
destination points located on a route approved by and the location of proposed storage areas for
on file with the traffic superintendent. the pedicabs when not in active service. The
applicant shall furnish a mininmm and
Tricycle. A device that is propelled by human maximum number of requested vehicles to
power on which a person may ride and that has three be permitted;
(3)wheels in contact with the ground, any of which is
more than sixteen(16) inches in diameter.
(6) A complete description of each model or public convenience and necessity and that
type of pedicab sought to be used to include the applicant is fit, willing, and able to
length, width, brakes, any motor assist, year, perform such public transportation and to
make, model, rated capacity, lighting and conform to the provisions of this
safety features; subchapter, then the city clerk shall issue a
certificate stating the name and address of
(7) The hours between which the applicant the applicant, the number of vehicles
proposes to provide pedicab service to the authorized under the certificate and the
general public, and the dates, if any, on date of issuance; otherwise, the application
which the applicant does not propose to shall be denied.
provide pedicab service to the general
public, and; (2) The City Council shall deny any
application in which the proposed hours of
(8) The rate schedule or gratuity notice which service, the proposed rate schedule or the
the applicant proposes to use to charge gratuity request are found to be
passengers or receive gratuities. unreasonable to meet the public need.
(9) Any proposed predetermined route with (3) In making the above findings, the City
scheduled and fixed pick-up and destination Council shall take into consideration the
points and proposed fare for such pedicab number of taxicabs or pedicabs already in
service; operation, whether existing transportation
is adequate to meet the public need, the
(10)Documentary evidence from an insurance probable effect of increased service on
company indicating a willingness to provide local traffic conditions and traffic safety,
liability insurance as required by this and the character, experience, and
chapter; responsibility of the applicant.
(I I)Such additional information as the applicant §117.102 Pedicab Permitted Zone of Operation
desires to include to aid in the determination and Approved Fixed Routes
of whether the requested operating authority
should be granted; and, (A) Permitted Zone of Operation. Pedicabs may
only operate and carry passengers within the
(12)Such additional information as may be Pedicab Permitted Zone of Operation, as shown
determined to be necessary to assist or on the attached map as authorized by the City
promote the implementation or enforcement Council when granting a Certificate of
of this article, or the protection of the public Convenience and Necessity or on routes or for
safety. special events as authorized by the
Transportation Services Director. Pedicabs
(C) Public Hearing for Certificate. When the (without passengers) may be taken by licensed
Police Department notifies the City Clerk that a pedicab operators from a storage, repair,
proper and adequate application has been filed, maintenance or cleaning area outside the
the City Clerk shall fix a time and place for a Pedicab Permitted Zone Of Operation into such
public hearing thereon. The City Clerk shall zone or onto an approved route where
thereupon notify the applicant who shall have operations may begin. The City Council may
the duty to notify all holders of current and further restrict the hours and dates of operation
valid Certificates of Public Convenience and in Pedicab Permitted Zone Of Operation for
Necessity for taxicabs and pedicabs and any or all pedicab companies.
provide proof of such service to the City
Council. Any interested person shall have the (B) Route Approval.
right either in person or by representatives of
their own choosing, to be present at all such (1) All routes outside of the permitted zone of
hearings and to introduce evidence and to be operation shall be approved by the city's
heard either in support of or opposition to the Transportation Services Director. In no
issuance of a certificate. event shall a requested route permit
operation of a pedicab on any street with a
(D) Findings of the City Council. posted speed limit of thirty-five(35) miles
Pei- hour more, other than to cross said
(1) If the City Council finds that pedicab or street.
further pedicab service is required by the
(2) Operators shall submit to the city's sobriety, honesty, and general good
Transportation Services Director all character of the applicant;
requests for temporary changes in
authorized routes, or for participation in (c) A concise history of the applicant's
special events such as festivals, parades or employment;
weddings, not less than three (3) days
before the effective date of the change or (d) Proof of training in the use and
event. operation of a pedicab pursuant to a
emriculum approved by the chief of
(C) No pedicab shall be operated in a location where police.
such operation is not authorized by this
ordinance or prohibited by the laws of the State (e) Proof of existing employment or a
of Arkansas or the Fayetteville City Code. promise of employment when a pedicab
driver's permit is issued with the
(D) No pedicab may operate on city transportation pedicab company that has a valid
trails without the express prior approval of the Certificate of Public Convenience and
route and fare by the Transportation Services Necessity,
Director. Pedicabs may not operate on any
recreational trails in city parks (such as Lake (C) Police Investigation. The police department
Fayetteville, Wilson Park, Gulley Park,etc.). shall conduct an investigation of each applicant
for a pedicab driver's permit, and a report of
(E) The operator of a pedicab shall maintain at least such investigation with a copy of the traffic and
one hand on the handlebars at all times during police record of the applicant, if any, shall be
movement of the pedicab. attached to the application for the consideration
of the chief of police.
(F) No pedicab shall be operated on a street with a
posted speed limit of thirty-five (35) miles per (D) Issuance of Permit. The chief of police or
hour or greater, except for the purpose of designee shall, upon consideration of the
crossing that street. application and the reports required to be
attached thereto, approve or reject the
(G) No pedicab shall be operated using a gas application. If the application is rejected, the
powered assist motor. applicant may request a personal appearance
before the city council to offer evidence why
§117.103 Pedicab Driver's Permit his/her application should be reconsidered.
(A) Pedicab Driver's Permit Required. No (E) Form and Term of Permit.
person shall operate a pedicab for hire or for a
gratuity upon the streets of the city, and no (1) Upon approval of an application for a
person who owns or controls a pedicab shall pedicab driver's permit, the chief of police
pernit it to be so operated, unless the driver of or designee shall issue a permit to the
said vehicle shall have first obtained and shall applicant for an issuance fee of $35.00,
have then in force a pedicab driver's permit which shall bear the name, address, age,
issued under the provisions of this article. signature, and photograph of the applicant.
(B) Pedicab Driver's Permit Application. (2) The pedicab driver's permit shall remain in
effect unless suspended or revoked until
(1) An application for a pedicab driver's permit January 31, the following year. The pedicab
shall be filed with the Fayetteville Police driver's permit may be reissued for another
Department on forms provided by the city. year for a reissuance fee of $35.00 by the
Such application shall be verified under oath chief of police or designee after ensuring the
and shall contain the following information: applicant continues to meet all requirements
of this section.
(a) Valid current Arkansas Driver's license.
(F) Application Returned to Pedicab Company.
(b) The names and addresses of four (4) When a driver's permit is issued, the application
residents of the county, who have and supporting information shall be returned to
known the applicant for a period of one the holder of the Certificate of Public
year and who will vouch for the Convenience and Necessity to be held by the
certificate holder so long as the driver is canceling, failing to renew, or making a
employed by the certificate holder. material change to the insurance policy; and,
§117.104 Display Of Permit (2) A provision to cover all pedicabs, whether
owned or not by the holder if operated under
Every permittee under this article shall post his the holder's Certificate of Public
m her driver's permit in such a place as to be in full Convenience and Necessity.
view of all passengers while the driver is operating a
pedicab. (D) No insurance required by this section may be
obtained from an assigned risk pool.
§117.105 Suspension, Revocation of Permit
(E) A Certificate of Public Convenience and
The Chief of Police or Assistant Chief is given Necessity will not be granted and renewed unless
the authority to suspend any pedicab driver's permit the applicant or holder furnishes the city with
issued under this article for a driver's failure or such proof of insurance as the city considers
refusal to comply with the provisions of this article, necessary to determine whether the applicant or
such suspension to last for a period of not more than holder is adequately insured under this section.
ten days. The Chief of Police or Assistant Chief is
also given authority to revoke any driver's permit for (F) If the insurance of the holder lapses or is
failure to comply with the provisions of this article of canceled and new insurance is not obtained, the
for the violation of any local, state or federal law. Certificate of Public Convenience and Necessity
However, a permit may not be suspended or revoked shall be suspended until insurance coverage
unless the driver has received notice and has had an required by this section has been obtained. A
opportunity to present evidence in his behalf person shall not operate a pedicab service while
the certificate is suspended under this section.
§117.106 Insurance Requirements
(G) The holder shall provide adequate employer's
(A) A holder shall procure and keep in full force and liability insurance for the employees as provided
effect commercial general liability insurance by law.
written by an insurance company approved by
the State of Arkansas and acceptable to the city §117.107 Conduct Of Drivers
and issued in the standard form approved by the
State Board of Insurance. All provisions of the Drivers shall at all times:
policy must be acceptable to the city. The
insured provisions of the policy must name the (A) Act in a reasonable, prudent, and courteous
city as additional insured and the coverage manner;
provisions must provide coverage for any loss or
damage that may arise to any person or property (B) Maintain a sanitary and well-groomed
by reason of the operation of a pedicab service appearance;
by the holder.
(C) Not inhale or consume any alcoholic beverage,
(B) The commercial general liability insurance must drug, or other substance that could adversely
provide combined single limits of liability for affect his or her ability to operate a pedicab;
bodily injury and property damage of not less
than one million dollars($1,000,000.00) for each (D) Not permit a person other than another employee
occurrence, or the equivalent, and include of the pedicab service with a valid Pedicab
coverage for premises operations, independent Driver's Permit to operate a pedicab under his of
contractors, products, completed operations, her control;
personal injury, contractual liability, and medical
payments. Coverage for medical payments must (E) Not permit any person to ride on a place not
include a minimum limit $5,000.00 per person. intended for passengers of the pedicab.
Aggregate limits of liability are prohibited.
§117.108 Pedicab Equipment; Inspection
(C) Insurance required under this section must
include: (A) Inspection and maintenance. Each pedicab
shall comply with all the safety requirements
(1) A cancellation provision in which the imposed by all state, federal or local laws. Each
insurance company is required to notify the pedicab shall submit to an annual inspection for
city in writing not fewer than 30 days before compliance with the requirements of this article.
The inspection shall be performed by the otherwise transferred without the consent of the City
Transportation Department. The fee for Council.
inspection shall be$50.00 per pedicab inspected.
No certificate shall be issued or continued in §117.110 License Fees
operation unless the holder thereof provides
proof of annual pedicab inspection for each No certificate shall be issued unless the
pedicab in service. applicant has paid a license fee of$100.00 to offset
the administrative costs to issue a Certificate of
(B) Required equipment. Public Convenience and Necessity.
(1) A holder or driver shall, at all times, provide §117.111 Suspension, Revocation, and
and maintain in good operating condition the Cancellation Of Certificate
following equipment for each pedicab:
(A) A certificate issued under the provisions of this
(a) Headlight; article may be revoked or suspended by the
Fayetteville City Council if the holder thereof
(b) Tail lights; has:
(c) Lights or reflectors on the front and (1) Violated any of the provisions of this article;
rear corners of the passenger
compartment; (2) Violated any ordinances of the city, or the
laws,federal or state,the violations of which
(d) Approved braking system; reflect unfavorably on the fitness of the
holder to offer public transportation.
(e) Pneumatic tires that conform with
the manufacturer's specifications (B) Prior to suspension or revocation, the holder
on all wheels with adequate tread shall be given notice of the proposed action to be
depth; taken and shall have an opportunity to be heard.
(f) Evidence of insurance and city (C) If any holder of a Certificate goes out of business,
map; fails to operate under the Certificate for one
calendar year, fails to have any vehicle inspected
(g) Mirror; to operate under the Certificate for one calendar
year or fails to have any driver or operato
(h) No exposed rust, ripped upholstery properly permitted under the Certificate for one
or fabric, visible chips or scratches calendar year, the holder's Certificate of Public
on any painted surface, exposed Convenience and Necessity shall be deenned
wood that is not painted and in abandoned and shall be denoted as cancelled and
good condition, or dint or debris on invalid by the City Clerk.
any surface accessible to
passengers. §117.112 Maximum Pedicab Fares Established.
(i) Seat strap available for passenger (A) The maxinuun pedicab fare that can be charged
use; for the transportation of each passenger is hereby
established and will be conspicuously posted on
Q) Rate card or gratuity notice card each pedicab unless the pedicab will be operated
complying with their Certificate of upon a gratuity only basis. The pedicab fare may
Convenience and Necessity and not exceed $8.00 per passenger for operations
this code posted in clear view of within the Pedicab Permitted Zone of Operation.
passengers;
(B) If a pedicab is operated on a gratuity only basis,
(k) Child Safety helmet available for no mininnum fare or gratuity may be charged.
passenger use. The pedicab shall conspicuously post the
following sign clearly visible to the passengers:
§117.109 Transfer Of Certificate "No fare or minimum gratuity may be charged
by the pedicab driver for passengers. Passengers
No Certificate of Public Convenience and may offer whatever gratuity they believe is
Necessity may be sold, assigned, mortgaged, or appropriate for the pedicab ride."
§117.113 Number of Passengers in Pedicabs
Limited to Three Persons.
Pedicab drivers must ensure that the rated
carrying capacity of their pedicabs is never exceeded.
No more than three persons may be passengers in a
pedicab.
§117.114 Pedicabs May Not Use Public Sidewalks.
Pedicabs may not operate on or park on public
sidewalks in Fayetteville. Pedicabs must pay a full
normal parking space fee when stopped for more than
one minute or parked within a paid parking space.
§117.115 A.D.A. Compliance
Holders shall comply with all applicable
provisions of the Americans with Disabilities Act.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE ! rl n a LEGAL DEPARTMI NT
TO: Mayor Jordan
City Council
Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: August 11, 2010
RE: Pedicab Ordinance Amendments Suggested by City Clerk
Pursuant to the City Council, I have drafted a proposed change that clearly
places the duty of notification Of current Certificate holders on the applicant
seeking the City Council's approval for a new Certificate of Public Convenience
and Necessity. I was able to accomplish this by changing one sentence in
§117.101(C) Public Hearing for Certificate. Below is the new proposed (C)
with the new sentence italicized.
"(C) Public Hearing for Certificate. When the Police
Department notifies the City Clerk that a proper and adequate
application has been filed, the City Clerk shall fix a time and
place for a public hearing thereon. The City Clerk shall
thereupon notify the applicant who shall have the duty to notify
all holders of current and valid Certificates of Public
Convenience and Necessity for taxicabs and pedicabs and
provide proof of such service to the City Council. Any
interested person shall have the right either in person or by
representatives of their own choosing, to be present at all such
hearings and to introduce evidence and to be heard either in
support of or opposition to the issuance of a certificate."
When discussing this situation with Sondra, I discovered that she had
records of many Certificates of Public Convenience and Necessity that had been
issued through the decades, many of which were no longer "current" as the holder
was no longer in business, did not operate any taxis, etc. This creates a real
notification problem for a new applicant since we might not have accurate
addresses for those out of business Certificate holders. Requiring Notification of
an out of business Certificate holder makes no sense. This provision will allow
City Clerk Sondra Smith (in cooperation with our Police Department) to clean up
her files so that we will know who the active holders of Certificates are and which
Certificate should be cancelled. Below is the new proposed subsection (C) of
§117.111 Suspension, Revocation and Cancellation of Certificate.
"(C) If any holder of a Certificate goes out of business, fails to
operate under the Certificate for one calendar year, fails to have
any vehicle inspected to operate under the Certificate for one
calendar year or fails to have any driver or operator properly
permitted under the Certificate for one calendar year, the
holder's Certificate of Public Convenience and Necessity shall
be deemed abandoned and shall be denoted as cancelled and
invalid by the City Clerk."
I plan to soon bring to you this same language as an amendment to the
taxicab ordinance and the limousine ordinance which currently have Certificates
that do not need to be renewed and thus should be able to be cancelled when
abandoned.
We found a typo in the enacting ordinance and an improper reference to the
Fayetteville Transit Board (instead of City Council) in the Pedicab Ordinance and
have corrected both. Attached is what should be the final proposed Pedicab
ordinance with the change requested by the City Council at your Agenda meeting,
the change requested by City Cleric Sondra Smith, and the typos corrected. Please
amend the ordinance presented to you yesterday (and placed upon the Agenda)
with these changes.
The City Council may also present any further amendments you desire. If
any one has an amendment in mind, please let me know so I can draft appropriate
language for your amendment.
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ORDINANCE NO.
AN ORDINANCE TO AMEND §117.80 DEFINITIONS OF THE
FAYETTEVILLE CODE, TO ENACT A NEW ARTICLE IX PEDICABS OF
CHAPTER 117 VEHICLE-RELATED BUSINESSES OF THE
FAYETTEVILLE CODE AND TO DECLARE AN EMERGENCY
WHEREAS, operators of pedicab companies have sought to begin operations
within the City of Fayetteville; and
WHEREAS, there are no current comprehensive regulations for pedicab
operations within Fayetteville, and such regulations are essential to protect the safety
and welfare of Fayetteville citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
amends §117.80 Definitions of the Fayetteville Code by replacing the definition of
Nonmotorized passenger transport vehicle with the following:
"Nonmotorized passenger transport vehicle. A horse-drawn carriage or
similar vehicle pulled by horses or other livestock. "
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
amends the Fayetteville City Code by enacting a new Article IX Pedicabs of Chapter
117 Vehicle-Related Businesses which is attached hereto as Exhibit "A" and
incorporated herein as if set out word for word
V�7 ( AjA
ARTICLE IX
PEDICABS
§117.100 Definitions (3) wheels in contact with the ground,any of which is
For the purpose of this article, the following words more than sixteen(16)inches in diameter.
and terms have the meaning ascribed thereto:
§117.101 Certificate of Public Convenience
Driver. An individual who operates a pedicab. And Necessity Required; Issuance
Procedure
Holder. A person who is granted a Certificate of
Public Convenience and Necessity under this article
to provide pedicab service in the city. (q) Certificate needed for operation. No
person shall operate or permit a pedicab owned,
Motorized electric powered tricycle. A tricycle that leased or controlled by the person to be operated as a
is equipped with an electric assist motor. vehicle for hire upon the streets or trails of the city
without having first obtained a Certificate of Public
Pedicab. A tricycle or a motorized electric Convenience and Necessity from the Fayetteville City
powered tricycle,not wider than fifty-four(54) inches Council.
at its widest point, which transports or is held out to (B) Information required for Certificate. An
the public as available to transport passengers for
hire,or for a gratuity,and is specifically designed and application for a certificate shall be filed with the
manufactured for that purpose. Police Department upon forms provided by the city,
and said application shall be verified under oath and
Pedicab service. The business of offering or shall furnish the following information:
providing transportation of persons for hire, or fora (1) The name and address of the applicant,
gratuity,in a pedicab,when: including the name and address of all
(1) A driver is furnished as part of the service; officers and stockholders of the company, if
and incorporated, and the name, address and
telephone number of the person to whom
(2) The service is offered only in accordance with complaints should be directed;
a pre-approved route or within a zone of The financial status of the operation by right. (2) applicant,
including the financial status of the officers
Pedicab driver's permit. A permit issued to an and stockholders of the company, if
individual by the Chief of Police to operate a pedicab incorporated, including the amount
for hire in the city, of all unpaid judgments against the
applicant (officers and stockholders of
Operate. To drive or be in actual physical control the company, if incorporated), and the
of a pedicab. nature of the transaction or acts giving
rise to said judgments;
Permittee. An individual who has been issued a
pedicab driver's permit under this article. (3) The experience of the applicant including
all officers and stockholders of the company,
Person. An individual, corporation, if incorporated, in the transportation of
governmental subdivision or an agency, trust, passengers, especially as related to
partnership, or two or more persons having a pedicabs
common economic interest.
(4) Any facts which the applicant believes
Preapproved route. Pedicab service operating on a tend to prove that public convenience and
predetermined schedule with fixed pickup and necessity require the granting of a certificate;
destination points located on a route approved by (5) The number of pedicabs to be available
and on file with the traffic superintendent.
for operation or controlled by the
Tricycle. A device that is propelled by human applicant and the location of proposed
power on which a person may ride and that has three storage areas for the pedicabs when
not in active service. The applicant shall
