HomeMy WebLinkAboutOrdinance 5397 ORDINANCE NO. 5397
AN ORDINANCE TO AMEND §117.102 PEDICAB PERMITTED ZONE OF
OPERATION AND APPROVED FIXED ROUTES (B) ROUTE APPROVAL
AND (F) OF THE FAYETTEVILLE CODE TO ALLOW USE OF PEDICABS
ON STREETS WITH A POSTED SPEED LIMIT OF THIRTY-FIVE (35)
MILES PER HOUR OR HIGHER IF AUTHORIZED BY THE
TRANSPORTATION SERVICES DIRECTOR AND (D) TO ALLOW
PEDICABS TO OPERATE ON SCULL CREEK TRAIL, MUD CREEK TRAIL
AND FRISCO TRAIL
WHEREAS, pedicab operators would like the option to operate their pedicabs on streets
and highways in Fayetteville with speed limits of 35 m.p.h. or higher upon approval of the
Transportation Services Director; and
WHEREAS, pedicab operators would like the right to operate on Scull Creek Trail, Mud
Creek Trail and Frisco Trail without needing the approval of the Transportation Services
Director.
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
§117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes (B) Route
Approval(1) by repealing the last sentence of this subsection that prohibits operation of pedicabs
on any street with a posted speed limit of 35 m.p.h. or more, other than to cross such street.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes by repealing
subsection (F) in its entirety and enacting a replacement(F) as shown below:
"(F) No pedicab shall be operated on a street with posted speed limit of thirty-
five (35) miles per hour or greater, except for the purpose of crossing that street
unless authorized by the Transportation Services Director."
Page 2
Ordinance No. 5397
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.102 Pedicab Permitted Zone Of Operation And Approved Fixed Route by repealing
(D) of the Fayetteville Code in its entirety and enacting a new (D) as follows:
"(D) Operation on City Trails. Pedicabs may be operated on the entire length of
the Frisco Trail, the Scull Creek Trail, the Mud Creek Trail, and other
transportation trails during the hours of 10:00 p.m. until 5:00 a.m. except that
portions of these trails may be closed to pedicabs by the Parks and Recreation
Director for special events or if the trail section is deemed too narrow for pedicabs
or if use of pedicabs on the section of trail could cause safety issues. Pedicabs
may not operate on any recreation trails in city parks (such as Lake Fayetteville,
Wilson Park, Gulley Park, etc.)."
PASSED and APPROVED this 19`x' day of April, 2011.
APPROVED: ATTEST:
By:
LMN
ALD JO AN ayor SONDRA E. SMITH, City Clerk/Treasurer
YITRF
:FAYETiEVILLE•
y ..A
;vGTON G�'`���
bu1,jw%
AGENDA REQUEST
FOR: COUNCIL MEETING OF MARCH 15, 2011
FROM:
ALDERMAN MATTHEW PETTY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §117.102 Pedicab Permitted Zone Of Operation And Approved
Fixed Routes (B) Route Approval And (F) Of The Fayetteville Code To Allow Use Of Pedicabs
On Streets With A Posted Speed Limit Of Thirty-Five (35) Miles Per Hour Or Higher If
Authorized By The Transportation Services Director and (D) To Allow Pedicabs To Operate
On Scull Creek Trail, Mud Creek Trail And Frisco Trail
APPROVED FOR AGENDA:
2Z z= l
Matt ew Petty, Alderm n Date
?Z� Zeit
City Attorney Date
(as to form)
02-23-11A04 :4b RCVD
')f CVVj � �} l�_ ����1 �� 1 + :�Yl J� ,► ! fit r K!`
a, W'L ,..�v� �t � ale A
•
aye evlle Departmental Correspondence
dL
ARKANSAS
LEGAL
www.accessfayetteville.org DEPARTMENT
Kit Williams
CityAttorney
TO: Mayor Jordan Jason B.Kelley
City Council Assistant City Attorney
FROM: Kit Williams, City AttorneyL
DATE: February 22, 2011
RE: Pedicabs permitted on streets with 35 m.p.h. and higher limits; and
pedicabs permitted by right on the full length of Frisco Trail, Scull
Creek Trail and Mud Creek Trail
Alderman Petty brought these proposed changes to the Pedicab Ordinance to
the Ordinance Review Committee and won a recommendation of approval. These
ordinances are now presented to the City Council as a whole for its consideration.
ORDINANCE NO.
AN ORDINANCE TO AMEND §117.102 PEDICAB PERMITTED ZONE OF
OPERATION AND APPROVED FIXED ROUTES (B) ROUTE APPROVAL
AND (F) OF THE FAYETTEVILLE CODE TO ALLOW USE OF PEDICABS
ON STREETS WITH A POSTED SPEED LIMIT OF THIRTY-FIVE (35)
MILES PER HOUR OR HIGHER IF AUTHORIZED BY THE
TRANSPORTATION SERVICES DIRECTOR AND (D) TO ALLOW
PEDICABS TO OPERATE ON SCULL CREEK TRAIL, MUD CREEK TRAIL
AND FRISCO TRAIL
WHEREAS, pedicab operators would like the option to operate their pedicabs on streets
and highways in Fayetteville with speed limits of 35 m.p.h. or higher upon approval of the
Transportation Services Director; and
WHEREAS, pedicab operators would like the right to operate on Scull Creek Trail, Mud
Creek 'frail and Frisco Trail without needing the approval of the 'Transportation Services
Director.
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
§117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes (B) Route
Approval(1) by repealing the last sentence of this subsection that prohibits operation of pedicabs
on any street with a posted speed limit of 35 m.p.h. or more, other than to cross such street.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes by repealing
subsection (F) in its entirety and enacting a replacement(F) as shown below:
"(F) No pedicab shall be operated on a street with posted speed limit of
thirty-five (35) miles per hour or greater, except for the purpose of
crossing that street unless authorized by the Transportation Services
Director."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.102 Pedicab Permitted Zone Of Operation And Approved Fixed Route by repealing
(D) of the Fayetteville Code in its entirety and enacting a new (D) as follows:
"(D) Operation on City Trails. Pedicabs may be operated on the entire
length of the Frisco Trail, the Scull Creek Trail and the Mud Creek Trail,
except that portions of these trails may be closed to pedicabs by the
Parks and Recreation Director for special events or if the trail section is
deemed too narrow for pedicabs or if use of pedicabs on the section of
trail could cause safety issues. The Parks and Recreation Director may
authorize pedicab operations on other city transportation trails. Pedicabs
may not operate on any recreation trails in city parks (such as Lake
Fayetteville, Wilson Park, Gulley Park, etc.)."
PASSED and APPROVED this 15°i day of March, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
ORDINANCE NO.
AN ORDINANCE TO MEND §117.102 PEDICAB ERMITTED ZONE OF
OPERATION ANDA ROVED FIXED ROUT S (B) ROUTE APPROVAL
AND (F) OF THE FAYE TEVILLE CODE TO LLOW USE OF PEDICABS
ON STREETS WITH A OSTED SPEED IT OF THIRTY-FIVE (35)
MILES PER HOUR O HIGHER I AUTHORIZED BY THE
TRANSPORTATION SERV ES DIRE OR AND (D) TO ALLOW
PEDICABS TO OPERATE ON ULL C EK TRAIL, MUD CREEK TRAIL
AND FRISCO TRAIL
WHEREAS, pedicab operators woul i e the option to operate their pedicabs on streets
and highways in Fayetteville with speed f its f 35 m.p.h. or higher upon approval of the
Transportation Services Director; and
WHEREAS, pedicab operators ould like the ight to operate on Scull Creek Trail, Mud
Creek Trail and Frisco Trail witho needing the a roval of the Transportation Services
Director.
NOW, THEREFORE B IT ORDAINED BY HE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, NSAS:
Section 1: That the City Council of the City of Fayette ille, Arkansas hereby amends
§117.102 Pedicab Permitt Zone of Operation and Approv d Fixed Routes (B) Route
Approval(1) by repealing t e last sentence of this subsection that pr ibits operation of pedicabs
on any street with a posted'speed limit of 35 m.p.h. or more, other than o cross such street.
Section 2: That the City Council of the City of Fayetteville, A ansas hereby amends
§117.102 Pedicab Permitted Zone of Operation and Approved Fixed outes by repealing
subsection (F) in its entirety and enacting a replacement (F) as shown below:
"(F�/No pedicab shall be operated on a street with posted speed li it of
thirty-five (35) miles per hour or greater, except for the purpose of
crossing that street unless authorized by the Transportation Servic s
Director."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.102 Pedicab Permitted Zone Of Operation And Approved Fixed Route by repealing
(D) of the Fayetteville Code i its entirety and enacting a new (D) as follows:
"(D) Operation on ity Trails. Pedicabs may be operat on the entire
length of the Frisco Tr il\ector
the Scull Creek Trail and the ud Creek Trail,
except that portions ofls may be closed o pedicabs by the
Transportation Servicesor special even or if the trail section
is deemed too narrow for if use of dicabs on the section of
trail could cause safetThe Trans rtation Services Director
may authorize pedicabs on of r city transportation trails.
Pedicabs may not operate on any creat' n trails in city parks (such as
Lake Fayetteville, Wilson Park, Gull ark, etc.)."
PASSED and APPROVED this 15`h ay of Ma h, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, ayor SONDRA E. SMITH, City Clerk/Treasurer
A
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
Permitted Zone Of Operation into such zone or article.
onto an approved route where operations may
begin. The City Council may further restrict the (B) Pedicab Driver's Permit Application,
hours and dates of operation in Pedicab Permitted
Zone Of Operation for any or all pedicab (1) An application for a pedicab driver's permit
companies, shall be filed with the Fayetteville Police
Department on forms provided by the city.
(B) Route Approval. Such application shall be verified under oath
(1) All routes outside of the permitted zone of and shall contain the following information:
operation shall be approved by the city's (a) Valid current Arkansas Driver's license.
Transportation Services Director. In no event
shall a requested route permit operation of a (b) The names and addresses of four (4)
pedicab on any streetwith a posted speed limit residents of the county,who have known
of thirty-five (35) miles per hour more, other the applicant for a period of one year and
than to cross said street. who will vouch for the sobriety, honesty,
and general good character of the
(2) Operators shall submit to the city's applicant;
Transportation Services Director all requests
for temporary changes in authorized routes,or (c) A concise history of the applicant's
for participation in special events such as employment;
�= festivals, parades or weddings, not less than
G h1►y► three(3)days before the effective date of the (d) Proof of training in the use and operation
change or event. of a pedicab pursuant to a curriculum
(C) No pedicab shall be operated in a location where approved by the chief of police.
such operation is not authorized by this ordinance (e) Proof of existing employment ora promise
or prohibited by the laws of the State of Arkansas of employment when a pedicab driver's
or the Fayetteville Cit Code.
permit is issued with the pedicab
company that has a valid Certificate of
(D) No pedicab may operate on city transportation trails Public Convenience and Necessity.
without the express prior approval of the route and
fare by the Transportation Services Director. (C) Police Investigation. The police department shall
Pedicabs may not operate on any recreational trails conduct an investigation of each applicant for a
in city parks (such as Lake Fayetteville, Wilson pedicab driver's permit, and a report of such
Park, Gulley Park,etc.). investigation with a copy of the traffic and police
record of the applicant, if any, shall be attached to
(E) The operator of a pedicab shall maintain at least the application for the consideration of the chief of
one hand on the handlebars at all times during police.
movement of the pedicab.
(D) Issuance of Permit. The chief of police or designee
�(F) No pedicab shall be operated on a street with a shall,upon consideration of the application and the
posted speed limit of thirty-five(35)miles per hour reports required to be attached thereto,approve or
or greater, except for the purpose of crossing that reject the application. If the application is rejected,
street. the applicant may request a personal appearance
before the city council to offer evidence why his/her
(G) No pedicab shall be operated using a gas powered application should be reconsidered.
assist motor.
(E) Form and Term of Permit.
117.103 Pedicab Driver's Permit
(1) Upon approval of an application for a pedicab
(A) Pedicab Driver's Permit Required. No person shall driver's permit,the chief of police or designee
operate a pedicab for hire or for a gratuity upon the shall issue a permit to the applicant for an
streets of the city, and no person who owns or issuance fee of$35.00, which shall bear the
controls a pedicab shall permit it to be so operated, name, address, age, signature, and
unless the driver of said vehicle shall have first photograph of the applicant.
obtained and shall have then in force a pedicab
driver's permit issued under the provisions of this (2) The pedicab driver's permit shall remain in
effect unless suspended or revoked until
""_ CD117:21
ayeUe
a Departmental Correspondence alLEGAL
DEPARTMENT
Kit Williams
City Attorney
TO: Mayor Jordan Jason B.Kelley
City Council Assistant City Attorney
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Connie Edmonson, Parks and Recreation Directo
FROM: Kit Williams, City Attorney.
DATE: March 8, 2011
RE: A.D.A. Implications of allowing pedicabs on City trails
Last month I was asked by Parks and Engineering to review a new Federal Regulation,
Subpart A which was issued "to effectuate (the) . . . Americans with Disabilities Act . . . which
prohibits discrimination on the basis of disability by public entities (like Fayetteville)." Section
3 5.101 Purpose. City staff was concerned that this regulation would require the City to remove
our restrictions against golf carts and vehicles with gas engines from City trails. I replied that I
believed that the City had properly enacted its trail vehicle restrictions for "legitimate safety
requirements necessary for the safe operation of its (trails). . . ." Section 35.130(h).
Our trails were not designed, nor built to accommodate vehicles the size of golf carts and
contain many sections (sharp turns under bridges with limited sight distance, long tunnels even
more narrow than the normal trail, consistently narrow trail lanes in which pedestrians could not
be passed without driving into the oncoming traffic lane, etc.) which would pose obvious and
real safety problems. Therefore, the restrictions on "golf carts and comparably sized vehicles"
within Section 71.170 of the Fayetteville Code is legally supportable.
The City Council properly allowed electrically powered wheelchairs, scooters and
bicycles on City trails partly to accommodate persons with mobility disabilities, while
prohibiting "golf carts or comparably sized vehicles nor any gas powered vehicles. . . ...Section
71.170 of the Fayetteville Code. Thus, I think our Code currently complies with the new Federal
Regulations enforcing the A.D.A.
However, pedicabs approach the size and bulk of golf carts. If the City changes its
ordinance to allow extensive use of the Fayetteville trails by pedicabs, we may no longer be
able to legally exclude golf carts from the City trails. Our safety argument based upon vehicle
size would be very weakened if not destroyed.
Even though the A.D.A. was enacted only to protect disabled persons, the City would
have a difficult time limiting golf cart use only to those with true mobility disabilities. Our
employees are prohibited from asking a person using a "mobility device" (golf cart) "about the
nature and extent of the individual's disability." Section 35.137(c)(1). Fairly reasonable and
innocent questions could violate this provision and cause the City legal liability. If we asked the
exact proper question, we would have to "accept as a credible assurance a verbal representation
. . . that the (golf cart) is being used for a mobile disability." Id. Thus, policing the trails to
restrict the'use of golf carts to those actually disabled would be very difficult. A City employee
could inadvertently violate this Federal Regulation by asking why the use of the golf cart was
necessary since we are prohibited from asking questions "about the nature and extent of the
individual's disability." Id.
CONCLUSION
Removing the current prohibition of pedicabs on most City trails at most
times will bring potential legal liability onto the City from the A.D.A. and the new
Federal Regulations enforcing it against cities. It would also be legally dangerous
to try to allow golf carts on the trails only for mobility disabled persons because of
the likelihood that a well intentioned City employee would ask a "forbidden
question."
Ir,tv e',
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.102 Pedicab Permitted Zone of Operation And Approved Fixed Route of the
Fayetteville Code by repealing (D) in its entirety and enacting a new (D) as follows:
"(D) Operation on City Trails. No pedicab shall be operated on city
transportation trails (Frisco Trail, Scull Creek Trail, Mud Creek Trail, etc.)
without the express prior approval of the date, time, route and fee for the special
event by the Director of Parks and Recreation. Pedicabs may not be operated on
any city recreational trails in city parks (such as Lake Fayetteville, Gulley Park,
Wilson Park, etc.)."
