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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: i ON By r By: �• ELD , Mayor SO RA E. SMITH, City Clerk/Treasurer ��tll{it IIIlty,J 'tVTR�^'O` S ` ^Ve oma eFAYETTEVILLE: rG' c� a�e -rys.9,�KANSP.°�o J 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. gyr1/-/0 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 /—ivcA g-11-jb three (3) days before the effective date of the police. change or event. (e) Proof of existing employment or a (C) No pedicab shall be operated in a location where promise of employment when a pedicab such operation is not authorized by this ordinance or driver's permit is issued with the prohibited by the laws of the State of Arkansas or the pedicab company that has a valid Fayetteville City Code. Certificate of Public Convenience and Necessity. (D) No pedicab may operate on city transportation trails without the express prior approval of the route (C) Police Investigation. The police department and fare by the Transportation Services Director, shall conduct an investigation of each applicant Pedicabs may not operate on any recreational trails in for a pedicab driver's permit, and a report of city parks (such as Lake Fayetteville, Wilson Park, such investigation with a copy of the traffic and Gulley Park, etc.). police record of the applicant, if any, shall be attached to the application for the consideration (E) The operator of a pedicab shall maintain at least of the chief of police. one hand on the handlebars at all times during movement of the pedicab. (D) Issuance of Permit. The chief of police or designee shall, upon consideration of the (F) No pedicab shall be operated on a street with a application and the reports required to be posted speed limit of thirty-five (35) miles per hour or attached thereto, approve or reject the greater, except for the purpose of crossing that street. application. If the application is rejected, the applicant may request a personal appearance (G) No pedicab shall be operated using a gas before the city council to offer evidence why powered assist motor, his/her application should be reconsidered. §117.103 Pedicab Driver's Permit (E) Form and Term of Permit. (A) Pedicab Driver's Permit Required. No person (1) Upon approval of an application for a shall operate a pedicab for hire or for a gratuity pedicab driver's permit, the chief of police or upon the streets of the city, and no person who designee shall issue a permit to the applicant owns or controls a pedicab shall permit it to be so w issuance which shall for n $ operated, unless the driver of said vehicle shall dfes ssof age, signature, ad bear name, address, and then have first obtained and shall have then in force a photograph of the applicant. pedicab driver's permit issued under the (2) The pedicab driver's permit shall remain in provisions of this article, effect unless suspended or revoked until (B) Pedicab Driver's Permit Application. January 31, the following year. The pedicab driver's permit may be reissued for another (1) An application for a pedicab driver's permit year for a reissuance fee of $35.00 by the shall be filed with the Fayetteville Police chief of police or designee after ensuring the Department on forms provided by the city. applicant continues to meet all requirements Such application shall be verified under oath oiss ssection. fth of the and shall contain the following information: (F) Application Returned to Pedicab Company. (a) Valid current Arkansas Driver's license. When a driver's permit is issued, the application and supporting information shall be returned to (b) The names and addresses of four (4) the holder of the Certificate of Public residents of the county, who have Convenience and Necessity to be held by the known the applicant for a period of one certificate holder so long as the driver is year and who will vouch for the employed by the certificate holder. sobriety, honesty, and general good §117.104 Display Of Permit character of the applicant; (c) A concise history of the applicant's Every permittee under this article shall post his employment; or her driver's permit in such a place as to be in full view of all passengers while the driver is operating a (d) Proof of training in the use and pedicab. operation of a pedicab pursuant to a curriculum approved by the chief of (B) Required equipment. (1) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each pedicab: (a) Headlight; (b) Tail lights; (c) lights or reflectors on the front and rear corners of the passenger compartment; (d) Approved braking system; (e) Pneumatic tires that conform with the manufacturer's specifications on all wheels with adequate tread depth; (f) Evidence of insurance and city map; (g) Mirrors; (h) No exposed rust, ripped upholstery or fabric, visible chips or scratches on any painted surface, exposed wood that is not painted and in good condition, or dirt or debris on any surface accessible to passengers. (i) Seat strap available for passenger use; 0) Rate card or gratuity notice card complying with their Certificate of Convenience and Necessity and this code posted in clear view of passengers; §117.109 Transfer Of Certificate No Certificate of Public Convenience and Necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the City Council. §117.110 License Fees No certificate shall be issued unless the applicant has paid a license fee of $100.00 to offset the administrative costs to issue a Certificate of Public Convenience and Necessity. §117.111 Suspension, Revocation, and Cancellation Of Certificate (A) A certificate issued under the provisions of this article may be revoked or suspended by the Fayetteville City Council if the holder thereof has: (1) Violated any of the provisions of this article; (2) Violated any ordinances of the city, or the laws, federal or state, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. (B) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. (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. §117.112 Maximum Pedicab Fares Established. (A) The maximum pedicab fare that can be charged for the transportation of each passenger is hereby established and will be conspicuously posted on each pedicab unless the pedicab will be operated upon a gratuity only basis. For travel within a single zone, the pedicab fare may not exceed $8.00 per passenger. For travel that encompasses more than one zone, the pedicab fare may not exceed $12.00 per passenger. (B) If a pedicab is operated on a gratuity only basis, no minimum fare or gratuity may be charged. The pedicab shall conspicuously post the following sign clearly visible to the passengers: "No fare or minimum gratuity may be charged by the pedicab driver for passengers. Passengers may offer whatever gratuity they believe is 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. W. -HAZEL ST E_OAKWOOD ST N w O GTON DR > > W NORTH ST NORTH ST W ORA-DR ❑ E NORTH ST _ J0 w .. . ..¢ w W ADAMS ST w -.,�. ' vpi - rn- - _� z Y Z E BTER LN AX w z = z z A w - SST .� J OR z Q- W EAGLE ST W C�-EBUR a¢ ECLEBURN ST - � ...p .. z S - - W W CLEVELAND ST O z PROST - ----.. 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MARTIN LUTHER KING BLVD fN N E MARTIN LUTHER KING BC V �vP W OFFICEDR Permitted Pedicab Zones ST D W ST.ORgGEDR Fayetteville, Arkansas j ° o.zs os Mlles TSVILLE RD AGENDA REQUEST FOR: COUNCIL MEETING OF AUGUST 17, 2010 FROM: ALDERMAN MATTHEW PETTY LIONELD JORDAN, MAYOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: 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 APPROVED FOR AGENDA: Matthew Petty, Alderm n yor D to j7(/ ___ CifAorneyA (as to form) Date Date FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: City Council FROM: Kit Williams, City Attorney DATE: August 10, 2010 RE: Pedicab Ordinance STL LEGAL DEPARTMENT Alderman Petty and Mayor Jordan have agreed to recommend to you a pedicab ordinance that addresses most of the "unresolved issues" mentioned in my earlier memo. Attached is that agreed to ordinance. The first minor change would be to §117.102(A) Permitted Zones of Operation. Mayor Jordan and Alderman Petty are recommending the two permitted zones of operation (Central and West) as shown on the map. The second change relates to operation of pedicabs on city trails. Mayor Jordan and Alderman Petty have agreed that all such usage be allowed only upon express approval of such routes by the Transportation Services Director. Thus, §117.102 (D) had to be rewritten to remove the operation on city trails as an unqualified right within the permitted zone of operation. Mayor Jordan and Alderman Petty agree that pedicabs should not operate on any recreational trails such as those around Lake Fayetteville, Wilson Park, and Gulley Park. These trails are narrower than our multiuse, transportation trails like Scull Creek, Mud Creek, etc. Allowing pedicabs to use the recreational trails in city parks would also violate our longstanding ordinances prohibiting commercial activity in our city parks. Finally, Mayor Jordan and Alderman Petty believe that advertising signs should not be allowed on pedicabs. Such signs would be unnecessary, aesthetically unpleasing, dangerous to the continued validity of our sign ordinance and unpleasant for users of our city trails. Accordingly, I deleted the former §117.116 Advertising in its entirety. 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 §117.08 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. 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 17th day of August, 2010. APPROVED: 0 ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ARTICLE IX PEDICABS §117.100 Definitions For the purpose of this article, the following words and terms have the meaning ascribed thereto: Driver. An individual who operates a pedicab. Holder. A person who is granted a Certificate of Public Convenience and Necessity under this article to provide pedicab service in the city. Motorized electric powered tricycle. A tricycle that is equipped with an electric assist motor. Pedicab. A tricycle or a motorized electric powered tricycle, not wider than fifty-four (54) inches at its widest point, which transports or is held out to the public as available to transport passengers for hire, or for a gratuity, and is specifically designed and manufactured for that purpose. Pedicab service. The business of offering or providing transportation of persons for hire, or for a gratuity, in a pedicab, when: (1) A driver is furnished as part of the service; and (2) The service is offered only in accordance with a pre -approved route or within a zone of operation by right. Pedicab driver's permit. A permit issued to an individual by the Chief of Police to operate a pedicab for hire in the city. Operate. To drive or be in actual physical control of a pedicab. Permittee. An individual who has been issued a pedicab driver's permit under this article. Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two or more persons having a common economic interest. Preapproved route. Pedicab service operating on a predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the traffic superintendent. Tricycle. A device that is propelled by human power on which a person may ride and that has three (3) wheels in contact with the ground, any of which is more than sixteen (16) inches in diameter. §117.101 Certificate of Public Convenience And Necessity Required; Issuance Procedure (A) Certificate needed for operation. No person shall operate or permit a pedicab owned, leased or controlled by the person to be operated as a vehicle for hire upon the streets or trails of the city without having first obtained a Certificate of Public Convenience and Necessity from the Fayetteville City Council. (B) Information required for Certificate. An application for a certificate shall be filed with the Police Department upon forms provided by the city, and said application shall be verified under oath and shall furnish the following information: (1) The name and address of the applicant, including the name and address of all officers and stockholders of the company, if incorporated, and the name, address and telephone number of the person to whom complaints should be directed; (2) The financial status of the applicant, including the financial status of the officers and stockholders of the company, if incorporated, including the amount of all unpaid judgments against the applicant (officers and stockholders of the company, if incorporated), and the nature of the transaction or acts giving rise to said judgments; (3) The experience of the applicant including all officers and stockholders of the company, if incorporated, in the transportation of passengers, especially as related to pedicabs; (4) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate; (5) The number of pedicabs to be available for operation or controlled by the applicant and the location of proposed storage areas for the pedicabs when not in active service. The applicant shall furnish a minimum and maximum number of requested vehicles to be permitted; (6) A complete description of each model or type of pedicab sought to be used to include length, width, brakes, any motor assist, year, make, model, rated capacity, lighting and safety features; (7) The hours between which the applicant proposes to provide pedicab service to the general public, and the dates, if any, on which the applicant does not propose to provide pedicab service to the general public, and; (8) The rate schedule or gratuity notice which the applicant proposes to use to charge passengers or receive gratuities. (9) Any proposed predetermined route with scheduled and fixed pick-up and destination points and proposed fare for such pedicab service; (10) Documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter; (11) Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; and, (12) Such additional information as may be determined to be necessary to assist or promote the implementation or enforcement of this article, or the protection of the public safety. (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. Written notice of such hearing shall be given to the applicant and to all persons possessing current and valid Certificates of Public Convenience and Necessity for taxicabs or pedicabs. 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. (D) Findings of the City Council. (1) If the City Council finds that pedicab or further pedicab service is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this subchapter, then the city clerk shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under the certificate and the date of issuance; otherwise, the application shall be denied. (2) The City Council shall deny any application in which the proposed hours of service, the proposed rate schedule or the gratuity request are found to be unreasonable to meet the public need. (3) In making the above findings, the City Council shall take into consideration the number of taxicabs or pedicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions and traffic safety, and the character, experience, and responsibility of the applicant. §117.102 Permitted Zones of Operation and Approved Fixed Routes (A) Permitted Zones of Operation. Pedicabs may only operate and carry passengers within the permitted zones of operation (Western Zone, Central Zone, or both as shown on the attached map) as authorized by the City Council when granting a Certificate of Convenience and Necessity or on routes or for special events as authorized by the Transportation Services Director. Pedicabs (without passengers) may be taken by licensed pedicab operators from a storage, repair, maintenance or cleaning area outside the permitted zones of operation into such zones or onto an approved route where operations may begin. The City Council by Resolution may extend a pedicab company's originally permitted zone of operation from a single zone to both zones or may restrict the pedicab company's operation from both zones to a single zone. The City Council may further restrict the hours and dates of operation in permitted zones for any or all pedicab companies. (B) Route Approval. (1) All routes outside of the permitted zone of operation shall be approved by the city's Transportation Services Director. In no event shall a requested route permit operation of a pedicab on any street with a posted speed limit of thirty-five (35) miles per hour more, other than to cross said street. (2) Operators shall submit to the city's Transportation Services Director all requests for temporary changes in authorized routes, or for participation in special events such as festivals, parades or weddings, not less than three (3) days before the effective date of the police. change or event. (e) Proof of existing employment or a (C) No pedicab shall be operated in a location where promise of employment when a pedicab such operation is not authorized by this ordinance or driver's permit is issued with the prohibited by the laws of the State of Arkansas or the pedicab company that has a valid Fayetteville City Code. Certificate of Public Convenience and Necessity. (D) No pedicab may operate on city transportation trails without the express prior approval of the route (C) Police Investigation. The police department and fare by the Transportation Services Director, shall conduct an investigation of each applicant Pedicabs may not operate on any recreational trails in for a pedicab driver's permit, and a report of city parks (such as Lake Fayetteville, Wilson Park, such investigation with a copy of the traffic and Gulley Park, etc.). police record of the applicant, if any, shall be attached to the application for the consideration (E) The operator of a pedicab shall maintain at least of the chief of police. one hand on the handlebars at all times during movement of the pedicab. (D) Issuance of Permit. The chief of police or designee shall, upon consideration of the (F) No pedicab shall be operated on a street with a application and the reports required to be posted speed limit of thirty-five (35) miles per hour or attached thereto, approve or reject the greater, except for the purpose of crossing that street. application. If the application is rejected, the applicant may request a personal appearance (G) No pedicab shall be operated using a gas before the city council to offer evidence why powered assist motor, his/her application should be reconsidered. §117.103 Pedicab Driver's Permit (E) Form and Term of Permit. (A) Pedicab Driver's Permit Required. No person (1) Upon approval of an application for a shall operate a pedicab for hire or for a gratuity pedicab driver's permit, the chief of police or upon the streets of the city, and no person who designee shall issue a permit to the applicant owns or controls a pedicab shall permit it to be so for an issuance fee of $35.00, which shall operated, unless the driver of said vehicle shall bear the name, address, age, signature, and have first obtained and shall have then in force a photograph of the applicant. pedicab driver's permit issued under the provisions of this article. (2) The pedicab driver's permit shall remain in effect unless suspended or revoked until (B) Pedicab Driver's Permit Application. January 31, the following year. The pedicab driver's permit may be reissued for another (1) An application for a pedicab driver's permit year for a reissuance fee of $35.00 by the shall be filed with the Fayetteville Police chief of police or designee after ensuring the Department on forms provided by the city. applicant continues to meet all requirements Such application shall be verified under oath of this section. and shall contain the following information: (F) Application Returned to Pedicab Company. (a) Valid current Arkansas Driver's license. When a driver's permit is issued, the application and supporting information shall be returned to (b) The names and addresses of four (4) the holder of the Certificate of Public residents of the county, who have Convenience and Necessity to be held by the known the applicant for a period of one certificate holder so long as the driver is year and who will vouch for the employed by the certificate holder. sobriety, honesty, and general good §117.104 Display Of Permit character of the applicant; (c) A concise history of the applicant's Every permittee under this article shall post his employment; or her driver's permit in such a place as to be in full view of all passengers while the driver is operating a (d) Proof of training in the use and pedicab. operation of a pedicab pursuant to a curriculum approved by the chief of §117.105 Suspension, Revocation of Permit The Chief of Police or Assistant Chief is given the authority to suspend any pedicab driver's permit issued under this article for a driver's failure or refusal to comply with the provisions of this article, such suspension to last for a period of not more than ten days. The Chief of Police or Assistant Chief is also given authority to revoke any driver's permit for failure to comply with the provisions of this article of for the violation of any local, state or federal law. However, a permit may not be suspended or revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf. §117.106 Insurance Requirements (A) A holder shall procure and keep in full force and effect commercial general liability insurance written by an insurance company approved by the State of Arkansas and acceptable to the city and issued in the standard form approved by the State Board of Insurance. All provisions of the policy must be acceptable to the city. The insured provisions of the policy must name the city as additional insured and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a pedicab service by the holder. (B) The commercial general liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than one million dollars ($1,000,000.00) for each occurrence, or the equivalent, and include coverage for premises operations, independent contractors, products, completed operations, personal injury, contractual liability, and medical payments. Coverage for medical payments must include a minimum limit $5,000.00 per person. Aggregate limits of liability are prohibited. (C) Insurance required under this section must include: (1) A cancellation provision in which the insurance company is required to notify the city in writing not fewer than 30 days before canceling, failing to renew, or making a material change to the insurance policy; and, (2) A provision to cover all pedicabs, whether owned or not by the holder if operated under the holder's Certificate of Public Convenience and Necessity. (D) No insurance required by this section may be obtained from an assigned risk pool. (E) A Certificate of Public Convenience and Necessity will not be granted and renewed unless the applicant or holder furnishes the city with such proof of insurance as the city considers necessary to determine whether the applicant or holder is adequately insured under this section. (F) If the insurance of the holder lapses or is canceled and new insurance is not obtained, the Certificate of Public Convenience and Necessity shall be suspended until insurance coverage required by this section has been obtained. A person shall not operate a pedicab service while the certificate is suspended under this section. (G) The holder shall provide adequate employer's liability insurance for the employees as provided by law. §117.107 Conduct Of Drivers Drivers shall at all times: (A) Act in a reasonable, prudent, and courteous manner; (B) Maintain a sanitary and well-groomed appearance; (C) Not inhale or consume any alcoholic beverage, drug, or other substance that could adversely affect his or her ability to operate a pedicab; (D) Not permit a person other than another employee of the pedicab service with a valid Pedicab Driver's Permit to operate a pedicab under his or her control; (E) Not permit any person to ride on a place not intended for passengers of the pedicab. §117.108 Pedicab Equipment; Inspection (A) Inspection and maintenance. Each pedicab shall comply with all the safety requirements imposed by all state, federal or local laws. Each pedicab shall submit to an annual inspection for compliance with the requirements of this article. The inspection shall be performed by the Transportation Department. The fee for inspection shall be $50.00 per pedicab inspected. No certificate shall be issued or continued in operation unless the holder thereof provides proof of annual pedicab inspection for each pedicab in service. (B) Required equipment. (1) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each (1) Violated any of the provisions of this article; pedicab: (2) Violated any ordinances of the city, or the (a) Headlight; laws, federal or state, the violations of which reflect unfavorably on the fitness of the holder to (b) Tail lights; offer public transportation. (c) lights or reflectors on the front and (B) Prior to suspension or revocation, the holder rear corners of the passenger shall be given notice of the proposed action to be compartment; taken and shall have an opportunity to be heard. (d) Approved braking system; §117.112 Maximum Pedicab Fares Established. (e) Pneumatic tires that conform with the manufacturer's specifications on (A) The maximum pedicab fare that can be charged all wheels with adequate tread for the transportation of each passenger is hereby depth; established and will be conspicuously posted on (f) Evidence of insurance and city each pedicab unless the pedicab will be operated upon a gratuity only basis. For travel within a map; single zone, the pedicab fare may not exceed (g) Mirrors; $8.00 per passenger. For travel that encompasses more than one zone, the pedicab fare may not (h) No exposed rust, ripped upholstery exceed $12.00 per passenger. or fabric, visible chips or scratches on (B) If a pedicab is operated on a gratuity only basis, any painted surface, exposed wood that no minimum fare or gratuity may be charged. is not painted and in good condition, or The pedicab shall conspicuously post the dirt or debris on any surface accessible following sign clearly visible to the passengers: to passengers. "No fare or minimum gratuity may be charged (i) Seat strap available for passenger by the pedicab driver for passengers. Passengers may offer whatever gratuity they believe is use; appropriate for the pedicab ride." (j) Rate card or gratuity notice card §117.113 Number of Passengers in complying with their Certificate of Convenience and Necessity and this Pedicabs Limited to Three Persons. code posted in clear view of passengers; §117.109 Transfer Of Certificate No Certificate of Public Convenience and Necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the Public Transit Board. §117.110 License Fees No certificate shall be issued unless the applicant has paid a license fee of $100.00 to offset the administrative costs to issue a Certificate of Public Convenience and Necessity. §117.111 Suspension, Revocation Of Certificate (A) A certificate issued under the provisions of this article may be revoked or suspended by the Fayetteville City Council if the holder thereof has: Pedicab drivers must ensure that the rated carrying capacity of their pedicabs is never exceeded. No more than three persons may be passengers in a pedicab. §117.114 Pedicabs May Not Use Public Sidewalks. Pedicabs may not operate on or park on public sidewalks in Fayetteville. Pedicabs must pay a full normal parking space fee when stopped for more than one minute or parked within a paid parking space. §117.115 A.D.A. Compliance Holders shall comply with all applicable provisions of the Americans with Disabilities Act. -p /O OTONDR L-> o a Vi NORTH ST NORTH ST 9th DR, ¢ w a { E NORTH PT { " 0 4E �...jaM _...._ s sr „�__�_____� �' W CLEVELAND Sr x O 2 t -2 Z , ; I ".�"' W --- s..r"} Yy^•P&OSP.EG7-.SI......,.� zE Pr OSPECT S ' • Z Y Ws ti'_j Z —�1VQ' { E' w ( wTR EtREBEA i h r --'-w l ¢1C UGCAS, 8Y • i ,,,,..,_ Jr 1C7" i i E\` 3 W j.,._Ly3 wa %E DAVID .err_ 1� i --._ _�,`_-�__V✓ MAPLE ST � . [ z LE r _,.' -j � -r - ST ?r.. z- T ti Central?; w Razorback ( �. x E LE a z �� `---W-HALSEEbR0.- as Stadium: ; .' - :w >. }Lo%%e ` Z a , ..__.,,.,,_ ,BEST p. I LAFAYETTE ST.g LAFAYETTE ST m +Olik ux'_._ jam" zu Main gI •: { t1 ' r'---r�—� 'E SUTTOI�ST AL$.EV.223 ¢ C W DICKSOM ST Q ' �.Q I _ .� ----°�'-- w[ C r �. DICKSON 1 I >I 2 Western W' .0 " E D(CKSONST ! _ � a flOtWalto?Arts ter I Q ��i' '� Q�. Zonel 2 w �r oM' SPRINGST a > >w w LL,; C7 l CENTER{ST; U W_fNEA®6YJ-S7�. ---Z. Z--.., �? t I ® ¢ J gBud Wal l�� i -W,•" CENTER SR 2 c i �. .t RESHIP ( ' f pggTtoion Squarejo r --4 ¢ r �-�- E 6" f I Y' w �`-•-.. W }--r--� > z a d En! W roCK.sT C f a Q '� 4 F o• o a --ROCK ST E OCK ST ITCUELL ST x ' rzusLls 5as -'`' a I I N�6PJ —n4r x pRG a� w f✓� W VENUS ST O ₹ `` r----t—r* / m j $AIRIE F th RI P sT �� i W MAknN Lu-THER KIN? BLVD i MARTINILUTF�ER KING BLVD Q N :E MARTINLUTHER KWGg V pT� w R Permitted Pedicab Zones S E E{DR[_4J L Fayetteville, Arkansas j 0 0.25 0.5 Miles -TSVILLE-RD FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council LEGAL DEPARTMENT CC: Don Marr, Chief of Staff Greg Tabor, Police Chief Terry Gulley, Transportation Services Director FROM: Kit Williams, City Attorney --- __ DATE: August 6, 2010 RE: Results of Ordinance Review Committee re: Pedicabs The Ordinance Review Committee went over the proposed Pedicab regulating ordinance in detail Wednesday evening. The original draft had been prepared by Assistant City Attorney Jason Kelley after consulting with Alderman Petty and our Police Department. After my review, I suggested some modifications to this ordinance as did the Police Department. The Ordinance Review Committee concurred with several changes, but did not want to take a position on about five contentious issues that they felt should be discussed and decided at the City Council level. Attached is the proposed ordinance and exhibit as recommended (except for the unresolved issues) by the Ordinance Review Committee. UNRESOLVED ISSUES The following are difficult or contentious issues on which the Ordinance Review Committee did not reach consensus or felt should be decided by the whole City Council. I will list the issues as they chronologically appear in the ordinance. (1) Permitted Zone of Operation for Pedicabs. I had suggested a smaller area within or near the Entertainment Parking District Zone (to include outlying free parking areas) to ease the introduction of pedicabs into Fayetteville car traffic. I believe Alderman Petty and the pedicab company owners want a larger pedicab permitted zone of operation than was initially proposed in the ordinance. After listening to the Ordinance Review Committee and the pedicab owners, I modified my proposal to include two allowed zones (Central Zone and Western Zone) shown on the attached map. Together these zones are larger than currently proposed in the ordinance, but they offer the City Council the option of approving a pedicab company's operation in either or both zones. Thus, pedicabs could initially be limited to the Central Zone that runs basically from Old Main to Mission Boulevard. If pedicabs proved reliable, popular and safe, the City Council could then approve pedicab operations in the Western Zone which runs along the base of Markham Hill back to Old Main. Having two zones (as we do in the taxicab ordinance) also allows a fairer maximum fee regulation. Like taxis, the maximum per passenger fee could be set at one amount for travel within a single zone and about 50% more for travel between two zones. I will have proper language ready for § 117.102(A) for either my two zone concept or Alderman Petty's single larger zone proposal. The City Council will need to determine the proper maximum per passenger fee (which is $8.00 and $12.00 for taxis). (2) Pedicabs allowed or prohibited on City Trails. By definition, a pedicab can be 54 inches (4 %2 feet) wide. Our major transportation trails are 12 feet wide with 6 foot travel lanes. Thus, a pedicab would take up virtually the entire travel lane on our trails. Walkers, joggers, wheel chairs and slow bicyclists would have to move completely off the trail or the pedicab would have to pass by taking up the entire oncoming traffic lane to pass. Portions of the trails are more restrictive as the trail is narrowed when going under bridges and through tunnels to ten feet. It would be very tight if pedicabs met going opposite directions in the long tunnel under I-540. Keep in mind that cars are normally less than six feet wide, but the eleven foot travel lane on the reconstructed Block Avenue seems very narrow to most drivers. The trail going up the hill to Maple from the south can only be constructed to eight feet wide at this time. A pedicab driver laboring up this steep include would take up more than his whole lane of travel. Two pedicabs could not safely pass each other on this section of our trail. 4 Whether or not to allow pedicabs to use the transportation trails is a policy decision for the City Council. (3) Pedicabs in the Parks. The pedicab company wants to be allowed to operate on trails in the city parks. The park trails are only ten feet wide. The Fayetteville Code prohibits commercial activity in our City Parks. "No person or business shall, within a city park, display, offer for sale, or sell any ... service ...." §97.086 A pedicab ride would certainly be such a service. Thus, if the City Council wanted to allow this commercial activity in our city parks, §97.086 General prohibitions of selling or offering to sell items in city parks would need to be amended to allow the pedicab companies to use our city parks for their economic benefit. (4) Number of passengers allowed for a pedicab. Because Fayetteville is fairly hilly, I recommended a limit of two persons as passengers so that pedicabs do not go so slowly up an incline as to unduly impede normal traffic flow. The Ordinance Review Committee recommended a limit of three persons. The pedicab company wanted a 600 pound limitation which is what their pedicabs are rated to carry. The Police Chief stated a pound limitation would be too hard to enforce, so Chief Tabor recommended a limitation based upon number of passengers rather than total weight carried in the pedicab. No amendment will be needed if the City Council agrees with the Ordinance Review Committee that three passengers is the proper limit. (5) Advertising Signs on Pedicabs. Fayetteville's long established and much litigated sign ordinance bans signs advertising a business unless the sign is located where the business is sited. This ban on "off site" signs removed the many billboards that once were scattered around Fayetteville. The Arkansas Supreme Court held that Fayetteville's ban on billboards and other off -site signs was legal and constitutional because it was supported by our city's desire to improve and maintain aesthetic attractiveness of our city and for traffic safety (billboards can divert drivers' attention from the road). A few years ago, the City Council allowed taxis and ORT buses to have relatively small advertising signs on the rear of their vehicles. The taxis and bus company had claimed they needed this additional revenue stream to survive and 3 provide transportation services for our citizens. I had opposed this as a weakening of the legal rationale and support of our sign ordinance. Pedicab companies desire to enter into the transportation business in Fayetteville with much less expensive vehicles and far less operating costs for these human powered pedicabs. I recommend the City Council not further weaken the sign ordinance by allowing advertising signs on pedicabs as an unnecessary bonus revenue source for the pedicab companies. I anticipate that there will be many more pedicabs in Fayetteville than taxis or buses. We should not allow pedicabs to be roving commercial sign platforms. Pedicabs want to operate on our trails. Our citizens expressed much concern about very small non -advertising signs along the trails to recognize donors or volunteers. If pedicabs are allowed regular, full color advertising signs four times the size of the permitted, aesthetic donor recognition signs, what type of trail experience will we be providing our citizens? Every exemption to the sign ordinance weakens it. Our park signage allowance was very restricted and did not allow any slogans, advertising, or full color logos even for major donors. Advertising signs should not be allowed for pedicabs in our streets or on our trails. Advertising is expressly prohibited in city parks. §97.087 Advertising Prohibited states: "No person in a park shall announce, advertise or call public attention in any way to any article or service for sale or hire." Thus, an advertising sign on a pedicab would be illegal in our city parks. CONCLUSION These five issues must be resolved by the City Council before passing this ordinance. Please remember that it would be easier in the future to amend the regulations to allow a larger zone of operation, to allow use of city trails, to allow more passengers per pedicab, or to allow advertising signs on pedicabs than it would be to prohibit those privileges once extended to the pedicab companies. 4 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Sondra Smith, City Clerk CC: Chief Tabor Terry Gulley, Transportation Services Director FROM: Kit Williams, City Attorney - L DATE: August 6, 2010 LEGAL DEPARTMENT RE: Request from pedicab company to have the City Council conduct a hearing on its requested Certificate of Public Convenience and Necessity during the same City Council meeting when the Pedicab Ordinance is passed with an emergency clause I have been asked whether it would be legal for the City Council (after passing the Pedicab Ordinance with an emergency clause) to conduct a hearing and award a Certificate of Public Convenience and Necessity to a pedicab company. If the Pedicab Ordinance goes through all three readings and is adopted and the emergency clause is approved by six members of the City Council, the ordinance "shall go into effect immediately upon passage ... regardless of publication or posting ...." A.C.A. §14-55-203 (c)(1)(C). This ordinance will need to be published, and no fine could be assessed for violation of the ordinance until it has been published. Id. "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. Written notice of such hearing shall be given to the applicant and to all persons possessing current and valid Certificates of Public Convenience and Necessity for taxicabs or pedicabs. 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." §117.101(C) Public Hearing For Certificate. With the ordinance in effect, whether a hearing could be held would be governed by this section. First, proper notice of the time and place for the hearing for the application for a Certificate of Public Convenience and Necessity would have had to be given to all current holders of such Certificates. The Police Chief would need to notify the City Clerk that the pedicab company had filed "a proper and adequate application. "(T)he City Clerk shall fix a time and place for a public hearing thereon." Id. To make this viable, the Police Department would need to review the Pedicab Company's application for ordinance compliance on the contingency that the pedicab ordinance will pass as now submitted. If the application is (contingent on approval of the ordinance) determined to be proper and adequate, the Police Department would need to notify the City Clerk of this fact. Upon such notice from the Police Department, the City Clerk is charged under the ordinance "to fix a time and place for the public hearing thereon." Id. If sufficient timely notice is provided to all holders of current Certificates of Public Convenience and Necessity for taxis for the public hearing, then it appears to be legal for the City Council to conduct such public hearing and then grant or refuse such Certificate. This is not the normally recommended manner to handle new ordinances, nor to conduct public hearings required by an ordinance. The City Council might want to consider this so that the pedicab company will not have to wait three more weeks for the next regular City Council meeting or to prevent the need for a special City Council meeting just for the issuance of a Certificate of Public Convenience and Necessity. I believe it is legal to have the public hearing after passing the ordinance with an emergency clause at the August 17111 City Council meeting if: (1) The applicant presents to the Police Department a properly completed the application that meets all requirements of the pedicab ordinance; (2) Proper notice is provided to all current Certificate holders. (3) The Police Department tentatively acceptable and proper ordinance by the City Council; and reviews and finds the application contingent upon passage of the (4) The City Clerk tentatively sets the public hearing for the August 17th meeting after the Pedicab Ordinance has passed; and (5) The City Council suspends the rules the add this Public Hearing to the agenda after passage of the Pedicab Ordinance. It would be better parliamentary form to instead schedule a special meeting for the public hearing or to conduct it at the regular September 7th City Council meeting. (8/18/2010) Sondra Smith - Map of Pedicab Zone of Operation From: Greg Mitchell To: Sondra Smith Date: 8/18/2010 9:09 AM Subject: Map of Pedicab Zone of Operation Attachments: Pedicab Zones.pdf Sondra, Attached is a map of "Pedicab Zone of Operation" that Kit asked me to send you for your records. Greg Mitchell Greg Mitchell GIS Technician City of Fayetteville, Arkansas g m itchellpci.favetteville. a r. us 479-444-3431 TDD (Telecommunications Device for the Deaf) 479-521-1316 Page 1 )I C•4 New Ak& p C/YDSs awt P,U /l NORT ST W w W z Q W E P OSPECT W ,,.a z z a.. > ¢ E REBE CA S .7 n D U. L S:ST= z. 0 MAPLE ST a_ ?: J 1ST zz L T z A E. MAPL ST Rgzorb k o Stadiu - W LAFAY TTE'ST - -. W LAF TT ST OId LAFA ETTE ST W- MARKHAM RD ¢ Main W W: O ST ..,W V' E TTO DICKSON ST c ' DICKS � ST A � z T w Walton Arts Center E DICKS NST W. 3 < W ¢ W U Z O S RIN ST-¢ O W _ 0 z It g Bud Walton z W. CEN ER S Arena Downtown Square `' z 4.w T S ¢ 1— O cmi W OCK T E OCK ST JP ¢ ITC ELL ST m rc m. y �8 ¢ w W : ST W O E �F+ vi PR q MLLUTI- ER IN BLVD W R N Permitted Pedicab Zone of Operation W DR Fayetteville, Arkansas August 17, 2010 0 0.25 0.5 Miles D. RECEIVED NORTHWEST ARKANSAS SEP 1 0 2010 CITY OF FAYETTEVILLE NEWSPAPERS CITY CLERK'S OFFICE Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5346 o5astN _ uer September 2, 2010 Publication Charge I $1 77.82 Signed: --C__ i_� w -------- Subscribed and sworn to before me This 1 day of 57glQl' r , 2010. Notary Public My Commission Expires: Do not pay from Affidavit, an invoice will be sent arsam Countyber 12374647- Arkansasoe Jan. 20, 2020