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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6300
File Number: 2020-0160
ENACT ARTICLE X PEDAL CARRIAGES:
AN ORDINANCE TO ENACT ARTICLE X PEDAL CARRIAGES INTO CHAPTER 1 17:
VEHICLE -RELATED BUSINESSES
WHEREAS, a local entrepreneur approached City staff seeking the right to operate a pedal carriage business
in the core of Fayetteville, and
WHEREAS, City staff worked with City departments to craft proposed rules and a zone of operation
for a pedal carriage business; and
WHEREAS, the item was presented to the City Council Transportation Committee on February 25, 2020,
which unanimously forwarded the proposed ordinance to the full City Council with a recommendation of
approval.
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 enacts Article X Pedal
Carriages in Chapter 117: Vehicle -Related Businesses of the Fayetteville City Code as shown in Exhibit
"A" attached hereto and made a part hereof.
PASSED and APPROVED on 4/21/2020
Page 1 Printed on 4122120
Ordinance: 6300
File Number: 2020-0160
Attest: *�.*�EtK / TRF%,��
G IY p�;�sG�,
. FAYETTEVILLE ;
Kara Paxton, City Clerk Treasurer, ;
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Page 2 Printed on 4122120
EXHIBIT A
ARTICLE X - PEDAL CARRIAGES
117.120 - Definitions
For the purpose of this article, the following words and terms have the meaning ascribed thereto:
Driver. An individual at least twenty-one (21) years of age who operates a pedal carriage.
Holder. A person who is granted a Certificate of Public Convenience and Necessity under this article to
provide pedal carriage service in the city.
Pedal carriage. A non -motorized or electric powered bicycle -type vehicle with a unibody frame and four or
more wheels operated by one or more persons 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.
Pedal carriage service. The business of offering or providing transportation of persons for hire, or for a
gratuity, in a pedal carriage, 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.
Pedal carriage driver's permit. A permit issued to an individual by the Chief of Police to operate a pedal
carriage for hire in the city.
Operate. To drive or be in actual physical control of a pedal carriage.
Permittee. An individual who has been issued a pedal carriage driver's permit under this article.
Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two (2)
or more persons having a common economic interest.
Preapproved route. Pedal carriage service operating on a predetermined schedule with fixed pickup and
destination points located on a route approved by and on file with the Police Department.
117.121 - Certificate Of Public Convenience And Necessity Required; Issuance Procedure
(A) Certificate Needed For Operation. No person shall operate or permit a pedal carriage 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 pedal carriages;
(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 pedal carriages to be available for operation or controlled by the applicant and
the location of proposed storage areas for the pedal carriages 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 pedal carriage 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 pedal carriage service to the general
public, and the dates, if any, on which the applicant does not propose to provide pedal carriage
service to the general public, and;
(8) The rate schedule which the applicant proposes to use to charge passengers or receive
gratuities.
(9) Any proposed preapproved route with scheduled and fixed pick-up and destination points and
proposed fare for such pedal carriage 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. 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 pedal carriages
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.
(D) Findings of the City Council.
(1) If the City Council finds that pedal carriage or further pedal carriage 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 pedal
carriages already in operation, the probable effect of increased service on local traffic conditions
and traffic safety, and the character, experience, and responsibility of the applicant.
117.122 - Pedal Carriage Permitted Zone Of Operation And Preapproved Fixed Routes
(A) Permitted Zone of Operation. Pedal carriages may only operate and carry passengers within the
pedal carriage permitted zone of operation, as shown on the attached map as authorized by the City
Council when granting a Certificate of Convenience and Necessity or on preapproved routes or for
special events as authorized by the Transportation Services Director. Pedal carriages (without
passengers) may be taken by licensed pedal carriage operators from a storage, repair, maintenance
or cleaning area outside the pedal carriage permitted zone of operation into such zone or onto a
preapproved route where operations may begin. The City Council may further restrict the hours and
dates of operation in pedal carriage permitted zone of operation for any or all pedal carriage
companies.
(B) Route Approval.
(1) All routes outside of the permitted zone of operation shall be approved by the Police Department.
(2) Operators shall submit to the Police Department all requests for temporary changes in
preapproved 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 change or event.
(C) No pedal carriage shall be operated in a location where such operation is not authorized by this
ordinance or prohibited by the laws of the State of Arkansas or the Fayetteville City Code.
(D) The operator of a pedal carriage shall maintain at least one (1) hand on the steering wheel at all times
during movement of the pedal carriage.
(E) No pedal carriage 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 Police
Department.
(F) No pedal carriage shall be operated using a gas powered assist motor.
117.123 - Pedal Carriage Driver's Permit
(A) Pedal Carriage Driver's Permit Required. No person shall operate a pedal carriage for hire or for a
gratuity upon the streets of the city, and no person who owns or controls a pedal carriage shall permit
it to be so operated, unless the driver of said vehicle shall have first obtained and shall have then in
force a pedal carriage driver's permit issued under the provisions of this article.
(B) Pedal Carriage Driver's Permit Application. An application for a pedal carriage driver's permit shall be
filed with the Fayetteville Police Department on forms provided by the city. Such application shall be
verified under oath and shall contain the following information:
(1) Valid current Arkansas Driver's license;
(2) The names and addresses of four (4) residents of the county, who have known the applicant
for a period of one (1) year and who will vouch for the sobriety, honesty, and general good
character of the applicant;
(3) A concise history of the applicant's employment; and
(4) Proof of existing employment or a promise of employment when a pedal carriage driver's
permit is issued with the pedal carriage company that has a valid Certificate of Public
Convenience and Necessity.
(C) Police Background Check. The Police Department shall conduct an background check of each
applicant for a pedal carriage driver's permit, and a report of such background check with a copy of
the traffic and police record of the applicant, if any, shall be attached to the application for the
consideration of the Chief of Police.
(D) Issuance of Permit. The Chief of Police or designee shall, upon consideration of the application and
the reports required to be attached thereto, approve or reject the application. If the application is
rejected, the applicant may request a personal appearance before the City Council to offer evidence
why his/her application should be reconsidered.
(E) Form and Term of Permit.
(1) Upon approval of an application for a pedal carriage driver's permit, the Chief of Police or
designee shall issue a permit to the applicant for an issuance fee of $35.00, which shall bear the
name, address, age, signature, and photograph of the applicant.
(2) The pedal carriage driver's permit shall remain in effect unless suspended or revoked until
January 31, the following year. The pedal carriage driver's permit may be reissued for another
year for a reissuance fee of $35.00 by the Chief of Police or designee after ensuring the applicant
continues to meet all requirements of this section.
(F) Application Returned to Pedal Carriage Company. When a driver's permit is issued, the application
and supporting information shall be returned to the holder of the Certificate of Public Convenience and
Necessity to be held by the certificate holder so long as the driver is employed by the certificate holder.
117.124 - Display Of Permit
Every permittee under this article shall post his or her driver's permit in such a place as to be in full view
of all passengers while the driver is operating a pedal carriage.
117.125 - Suspension, Revocation Of Permit
The Chief of Police or Assistant Chief is given the authority to suspend any pedal carriage 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 (10) 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 or her behalf.
117.126 - 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 pedal carriage 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
and $5,000,000.00 aggregate, and shall include coverage for premises operations, independent
contractors, products, completed operations, personal injury, and contractual liability.
(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 thirty (30) days before canceling, failing to renew, or making a material change to
the insurance policy; and,
(2) A provision to cover all pedal carriages, 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 pedal carriage 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.
117.127 - Conduct Of Drivers
Drivers shall at all times.
(A) Act in a reasonable, prudent, and courteous manner, including with disorderly passengers;
(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 pedal carriage;
(D) Not permit a person other than another employee of the pedal carriage service with a valid pedal
carriage driver's permit to operate a pedal carriage under his or her control;
(E) Not permit any person to ride on a place not intended for passengers of the pedal carriage.
(F) Ensure compliance with the City's noise ordinance.
(G) Follow all applicable traffic regulations, whether in the City of Fayetteville Code of Ordinance or
in Arkansas law, and shall not stop to load or unload passengers in the intersections of any streets, in
any crosswalk, or in any manner or location that would impede the flow of traffic or be considered
unsafe.
117.128 - Pedal Carriage Equipment; Inspection
(A) Inspection and Maintenance. Each pedal carriage shall comply with all the safety requirements
imposed by all state, federal or local laws. Each pedal carriage shall submit to an annual inspection
for compliance with the requirements of this article. The inspection shall be performed by the
Transportation Services Department. The fee for inspection shall be $50.00 per pedal carriage
inspected. No certificate shall be issued or continued in operation unless the holder thereof provides
proof of annual pedal carriage inspection for each pedal carriage in service.
(B) Required Equipment. A holder or driver shall, at all times, provide and maintain in good operating
condition the following equipment for each pedal carriage:
(1) Headlight,
(2) Taillights;
(3) Lights or reflectors on the front and rear corners of the passenger compartment;
(4) Approved braking system, which shall include hydraulic or mechanical disc or drum brakes,
or other type of brakes that are unaffected by rain or wet conditions, as well as a secondary
braking system,
(5) Pneumatic tires that conform with the manufacturer's specifications on all wheels with
adequate tread depth,
(6) Evidence of insurance and city map;
(7) Mirror;
(8) 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.
(9) Rate card complying with their Certificate of Convenience and Necessity and this code
posted in clear view of passengers;
(10) Child safety helmet available for passenger use,
(11) Sound -warning device;
(12) The identification number assigned by the Fayetteville Police Department for the pedal
carriage and telephone number of the pedal carriage company shall be displayed on the rear
of the pedal carriage with numerals no smaller than 2 inches in height and 1 inch in width.
117.129 — Rate Schedules
The holder shall maintain a current rate schedule on file with the Police Department and shall not
advertise or charge any rate or fee other than the amount on file.
117.130 - 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.
117.131 - 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.
117.132 - 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 (1)
calendar year, fails to have any vehicle inspected to operate under the certificate for one (1) calendar
year or fails to have any driver or operator properly permitted under the certificate for one (1) 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.
117.133 - Number Of Passengers In Pedal Carriages Limited
Pedal carriage drivers must ensure that the manufacturer rated carrying capacity of their pedal carriages
is never exceeded.
117.134 - Pedal Carriages May Not Use Public Sidewalks, Trails, or Closed Streets
Pedal carriages may not operate on or park on public sidewalks in Fayetteville. Pedal carriages must pay
a full normal parking space fee when stopped for more than one (1) minute or parked within a paid
parking space. Pedal carriages shall not be operated on any trails in the city or on any closed street.
117.135 - A.D.A. Compliance
Holders shall comply with all applicable provisions of the Americans with Disabilities Act.
117.136 — Accidents
All accidents arising from or in connection with the operation of a pedal carriage shall be immediately
reported to the Police Department if the accident results in death or bodily injury to any person or damage
to any vehicle or property in an amount exceeding five hundred dollars ($500.00). Any other accident
shall be reported to the Police Department within seventy-two hours from the time of the accident
occurrence.
Pedal Carriage Zone of Operation Map
Dashed Green Line = approved routes
* Pedal carriages shall not be permitted to drive down College Avenue or Archibald Yell Blvd.
* Crossing of College Avenue would only be permitted at signalized intersections.
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City of Fayetteville, Arkansas 113 West Mountain Street
,ice, y� Fayetteville, AR 72701
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Text File
File Number: 2020-0160
Agenda Date: 4/21/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 1
ENACT ARTICLE X PEDAL CARRIAGES:
AN ORDINANCE TO ENACT ARTICLE X PEDAL CARRIAGES INTO CHAPTER 117:
VEHICLE -RELATED BUSINESSES
WHEREAS, a local entrepreneur approached City staff seeking the right to operate a pedal carriage business
in the core of Fayetteville; and
WHEREAS, City staff worked with City departments to craft proposed rules and a zone of operation for a
pedal carriage business; and
WHEREAS, the item was presented to the City Council Transportation Committee on February 25, 2020,
which unanimously forwarded the proposed ordinance to the full City Council with a recommendation of
approval.
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 enacts Article X Pedal
Carriages in Chapter 117: Vehicle -Related Businesses of the Fayetteville City Code as shown in Exhibit
"A" attached hereto and made a part hereof.
City of Fayetteville, Arkansas Page 1 Printed on 412212020
City of Fayetteville Staff Review Form
2020-0160
Legistar File ID
3/17/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Devin Howland 2/26/2020 ECONOMIC DEVELOPMENT (050)
Submitted By Submitted Date Division / Department
Action Recommendation:
STAFF IS RECOMMENDING APPROVAL OF AN ORDINANCE WHICH ESTABLISHES THE RULES OF OPERATION AND A
ZONE OF OPERATION FOR PEDAL CARRIAGES IN THE CITY OF FAYETTEVILLE.
Account Number
Project Number
Budgeted Item? No
Does item have a cost?
Budget Adjustment Attached?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
No Item Cost
No Budget Adjustment
Remaining Budget
Fund
Project Title
$
$
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 17, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Devin Howland, Director of Economic Vitality
Blake Pennington, Assistant City Attorney
DATE: February 27, 2020
CITY COUNCIL MEMO
SUBJECT: An Ordinance establishing the rules of operation and zone of operation for
pedal carriages in the City of Fayetteville
RECOMMENDATION:
Staff is recommending the approval of an ordinance which establishes the rules of operation
and a zone of operation for pedal carriages in the City of Fayetteville.
BACKGROUND:
In 2019, staff was approached by a local entrepreneur, Amber Sinclair, who was interested in
seeking the rights to operate a pedal carriage business in the core of Fayetteville. Staff worked
with various City departments, including the Fayetteville Police Department and City Attorney's
Office to craft the attached ordinance.
The item was presented to the Transportation Committee on February 25, 2020 with a 4-0
recommendation to forward to City Council for approval.
DISCUSSION:
A pedal carriage is defined as `A non -motorized or electric powered bicycle -type vehicle with a
unibody frame and four or more wheels operated by one or more persons 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. "A wide range of companies operate
these vehicles in numerous municipalities across the country. Staff feels theses types of
carriages can have a positive impact in the areas they operate, while providing an experiential
opportunity for residents and tourists alike to utilize their services.
The proposed ordinance states these carriages must be operated by a driver at least 21 years
of age who would be an employee of the company and hold a Certificate of Public Convenience
and Necessity and a Pedal Carriage Drivers Permit from the Fayetteville Police Department, as
outlined in the ordinance. The ordinance also requires the permit holder to carry general liability
insurance for bodily injury and property damage of not less than one million dollars. Numerous
safety parameters are further outlined in the ordinance, including enhanced breaking systems.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Due to their size, pedal carriages should not be allowed to operate on sidewalks, trails, or any
closed street. These carriages can be up to 212 inches long, 94 inches wide, and weigh over
2,000 pounds.
Zone of Operation: Attached you will find a zone of operations map where pedal carriages
whom possess the proper permits from the Fayetteville Police Department will be legally
allowed to operate. At the applicant's request, two approved routes are also included so that the
pedal carriages can access other unique areas of interest outside of Downtown. The southern
route utilizes S. Hill Avenue, S. Ellis Avenue, W. 131h Street and a City owned alley to access
Nomad's at the intersection of S. School and 151h Street. The route to the north utilizes N
Leverett Avenue to access the concentration of breweries and restaurants located in between
W. Ash Street and W. Poplar Street.
Note on Alcohol Consumption: Legal consumption of alcohol by patrons on a pedal carriage
would only be permissible within an area that met the following conditions:
1. The area was designated as an "Entertainment District" per Act 812 of 2019;
2. The rules of the "Entertainment District" permitted alcohol consumption on the carriage.
Pedal carriages operate successfully across the country with no alcohol consumption. Staff has
discussed revisiting alcohol consumption in the future with the applicant following a successful
operation period of both pedal carriages and an entertainment district, should City Council vote
to designate a portion of the zone of operations for pedal carriages as an entertainment district
in the future. At this point in time the applicant plans to partner with local businesses to do
"pedal tours" of various bars and breweries in Fayetteville.
Note on concern for potential impact on transit lines and University of Arkansas Traffic
Flow: The University of Arkansas's transportation division identified several points of concern
over possible negative impacts to transit lines on the northern route and the southern route as it
relates to Razorback Transit. The applicants request to get to the Poplar area can only be
accomplished by utilizing Leverett, since it offers a signalized crossing over W North Street.
The applicants request to get to the 15th Street and South School is best accomplished by
utilizing S. Hill Ave, since it offers a signalized crossing over M.L.K. Jr Blvd.
To mitigate these concerns, staff is recommending limiting any pedal carriage operators from
traveling the routes outside of the zone of operation to times when routes 13, 22 and 26 would
not be impacted:
• Any Sunday
• May l l-August 241h after 6:OOPM
BUDGET/STAFF IMPACT:
N/A
Attachments:
Zone of Operations Map
Ordinance
Letter of Support from Amber Sinclair
EXHIBIT A
ARTICLE X - PEDAL CARRIAGES
117.120 - Definitions
For the purpose of this article, the following words and terms have the meaning ascribed thereto:
Driver. An individual at least twenty-one (21) years of age who operates a pedal carriage.
Holder. A person who is granted a Certificate of Public Convenience and Necessity under this article to
provide pedal carriage service in the city.
Pedal carriage. A non -motorized or electric powered bicycle -type vehicle with a unibody frame and four or
more wheels operated by one or more persons 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.
Pedal carriage service. The business of offering or providing transportation of persons for hire, or for a
gratuity, in a pedal carriage, 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.
Pedal carriage driver's permit. A permit issued to an individual by the Chief of Police to operate a pedal
carriage for hire in the city.
Operate. To drive or be in actual physical control of a pedal carriage.
Permittee. An individual who has been issued a pedal carriage driver's permit under this article.
Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two (2)
or more persons having a common economic interest.
Preapproved route. Pedal carriage service operating on a predetermined schedule with fixed pickup and
destination points located on a route approved by and on file with the Police Department.
117.121 - Certificate Of Public Convenience And Necessity Required; Issuance Procedure
(A) Certificate Needed For Operation. No person shall operate or permit a pedal carriage 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 pedal carriages;
(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 pedal carriages to be available for operation or controlled by the applicant and
the location of proposed storage areas for the pedal carriages 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 pedal carriage 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 pedal carriage service to the general
public, and the dates, if any, on which the applicant does not propose to provide pedal carriage
service to the general public, and;
(8) The rate schedule 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 pedal carriage 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. 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 pedal carriages
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.
(D) Findings of the City Council.
(1) If the City Council finds that pedal carriage or further pedal carriage 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 pedal
carriages already in operation, the probable effect of increased service on local traffic conditions
and traffic safety, and the character, experience, and responsibility of the applicant.
117.122 - Pedal Carriage Permitted Zone Of Operation And Approved Fixed Routes
(A) Permitted Zone of Operation. Pedal carriages may only operate and carry passengers within the
pedal carriage permitted zone of operation, 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. Pedal carriages (without passengers) may be
taken by licensed pedal carriage operators from a storage, repair, maintenance or cleaning area
outside the pedal carriage permitted zone of operation into such zone or onto an approved route where
operations may begin. The City Council may further restrict the hours and dates of operation in pedal
carriage permitted zone of operation for any or all pedal carriage companies.
(B) Route Approval.
(1) All routes outside of the permitted zone of operation shall be approved by the Police Department
(2) Operators shall submit to the Police Department 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 change or event.
(C) No pedal carriage shall be operated in a location where such operation is not authorized by this
ordinance or prohibited by the laws of the State of Arkansas or the Fayetteville City Code.
(E) The operator of a pedal carriage shall maintain at least one (1) hand on the steering wheel at all times
during movement of the pedal carriage.
(F) No pedal carriage 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 Police
Department.
(G) No pedal carriage shall be operated using a gas -powered assist motor.
117.123 - Pedal Carriage Driver's Permit
(A) Pedal Carriage Drivers Permit Required. No person shall operate a pedal carriage for hire or for a
gratuity upon the streets of the city, and no person who owns or controls a pedal carriage shall permit
it to be so operated, unless the driver of said vehicle shall have first obtained and shall have then in
force a pedal carriage driver's permit issued under the provisions of this article.
(B) Pedal Carriage Driver's Permit Application.
(1) An application for a pedal carriage driver's permit shall be filed with the Fayetteville Police
Department on forms provided by the city. Such application shall be verified under oath and shall
contain the following information:
(a) Valid current Arkansas Driver's license;
(b) The names and addresses of four (4) residents of the county, who have known the applicant
for a period of one (1) year and who will vouch for the sobriety, honesty, and general good
character of the applicant;
(c) A concise history of the applicant's employment;
(d) Proof of training in the use and operation of a pedal carriage pursuant to a curriculum
approved by the Chief of Police; and
(e) Proof of existing employment or a promise of employment when a pedal carriage driver's
permit is issued with the pedal carriage company that has a valid Certificate of Public
Convenience and Necessity.
(C) Police Investigation. The Police Department shall conduct an investigation of each applicant for a
pedal carriage driver's permit, and a report of such investigation with a copy of the traffic and police
record of the applicant, if any, shall be attached to the application for the consideration of the Chief of
Police.
(D) Issuance of Permit. The Chief of Police or designee shall, upon consideration of the application and
the reports required to be attached thereto, approve or reject the application. If the application is
rejected, the applicant may request a personal appearance before the City Council to offer evidence
why his/her application should be reconsidered.
(E) Form and Term of Permit.
(1) Upon approval of an application for a pedal carriage driver's permit, the Chief of Police or
designee shall issue a permit to the applicant for an issuance fee of $35.00, which shall bear the
name, address, age, signature, and photograph of the applicant.
(2) The pedal carriage driver's permit shall remain in effect unless suspended or revoked until
January 31, the following year. The pedal carriage driver's permit may be reissued for another
year for a reissuance fee of $35.00 by the Chief of Police or designee after ensuring the applicant
continues to meet all requirements of this section.
(F) Application Returned to Pedal Carriage Company. When a driver's permit is issued, the application
and supporting information shall be returned to the holder of the Certificate of Public Convenience and
Necessity to be held by the certificate holder so long as the driver is employed by the certificate holder.
117.124 - Display Of Permit
Every permittee under this article shall post his or her driver's permit in such a place as to be in full view
of all passengers while the driver is operating a pedal carriage.
117.125 - Suspension, Revocation Of Permit
The Chief of Police or Assistant Chief is given the authority to suspend any pedal carriage 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 (10) 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 or her behalf.
117.126 - 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 pedal carriage 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
and $5,000,000.00 aggregate, and shall include coverage for premises operations, independent
contractors, products, completed operations, personal injury, and contractual liability.
(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 thirty (30) days before canceling, failing to renew, or making a material change to
the insurance policy; and,
(2) A provision to cover all pedal carriages, whether owned or not by the holder if operated under
the holder's Certificate of Public Convenience and Necessity.
A 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 pedal carriage 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.
117.127 - Conduct Of Drivers
Drivers shall at all times:
(A) Act in a reasonable, prudent, and courteous manner, including with disorderly passengers;
(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 pedal carriage;
(D) Not permit a person other than another employee of the pedal carriage service with a valid pedal
carriage driver's permit to operate a pedal carriage under his or her control;
(E) Not permit any person to ride on a place not intended for passengers of the pedal carriage.
(F) Ensure compliance with the City's noise ordinance.
(G) Follow all applicable traffic regulations, whether in the City of Fayetteville Code of Ordinance or in
Arkansas law, and shall not stop to load or unload passengers in the intersections of any streets, in any
crosswalk, or in any manner or location that would impede the flow of traffic or be considered unsafe.
117.128 - Pedal Carriage Equipment; Inspection
(A) Inspection and Maintenance. Each pedal carriage shall comply with all the safety requirements
imposed by all state, federal or local laws. Each pedal carriage shall submit to an annual inspection
for compliance with the requirements of this article. The inspection shall be performed by the
Transportation Services Department. The fee for inspection shall be $50.00 per pedal carriage
inspected. No certificate shall be issued or continued in operation unless the holder thereof provides
proof of annual pedal carriage inspection for each pedal carriage in service.
(B) Required Equipment. A holder or driver shall, at all times, provide and maintain in good operating
condition the following equipment for each pedal carriage:
(1) Headlight;
(2) Taillights;
(3) Lights or reflectors on the front and rear corners of the passenger compartment;
(4) Approved braking system, which shall include hydraulic or mechanical disc or drum brakes,
or other type of brakes that are unaffected by rain or wet conditions, as well as a secondary
braking system;
(5) Pneumatic tires that conform with the manufacturer's specifications on all wheels with
adequate tread depth;
(6) Evidence of insurance and city map;
(7) Mirror;
(8) 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.
(9) Rate card complying with their Certificate of Convenience and Necessity and this code
posted in clear view of passengers;
(10) Child safety helmet available for passenger use;
(k) Sound -warning device;
(1) The identification number assigned by the Fayetteville Police Department for the pedal
carriage and telephone number of the pedal carriage company shall be displayed on the rear
of the pedal carriage with numerals no smaller than 2 inches in height and 1 inch in width.
117.129 — Rate Schedules
The holder shall maintain a current rate schedule on file with the Police Department and shall not
advertise or charge any rate or fee other than the amount on file.
117.130 -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.
117.131 - 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.
117.132 - 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 (1)
calendar year, fails to have any vehicle inspected to operate under the certificate for one (1) calendar
year or fails to have any driver or operator properly permitted under the certificate for one (1) 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.
117.133 - Number Of Passengers In Pedal Carriages Limited
Pedal carriage drivers must ensure that the manufacturer rated carrying capacity of their pedal carriages
is never exceeded.
117.134 - Pedal Carriages May Not Use Public Sidewalks, Trails, or Closed Streets
Pedal carriages may not operate on or park on public sidewalks in Fayetteville. Pedal carriages must pay
a full normal parking space fee when stopped for more than one (1) minute or parked within a paid
parking space. Pedal carriages shall not be operated on any trails in the city or on any closed street.
117.135 - A.D.A. Compliance
Holders shall comply with all applicable provisions of the Americans with Disabilities Act.
117.136 — Accidents
All accidents arising from or in connection with the operation of a pedal carriage shall be immediately
reported to the Police Department if the accident results in death or bodily injury to any person or damage
to any vehicle or property in an amount exceeding five hundred dollars ($500.00). Any other accident
shall be reported to the Police Department within seventy-two hours from the time of the accident
occurrence.
Pedal Carriage Zone of Operation Map
Dashed Green Line = approved routes
* Pedal carriages shall not be permitted to drive down College Avenue or Archibald Yell Blvd.
* Crossing of College Avenue would only be permitted at signalized intersections.
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February 1 1 th. 2020
Dear Mayor Jordan & City Council Members,
My name is Amber Sinclair, and I am a business owner in the Northwest Arkansas area. I recently started a new
business venture with a company called Pedal Pub while currently working as a professional photographer and
consultant for a local advertising company. I am writing to you in support of the updates to the Chapter
117. Article IX — Pedicabs to include Pedal Carriages and why these updates would be beneficial to my new
business and the city.
Pedal Pub has an interesting history in becoming a leader in the experiential tourism industry. Pedal Pub
Inc brought the first bike from Amsterdam to the U.S. in 2007, after the owners saw a similar concept in a
parade. Fast forward just a decade later, and they are operating in more than 60 cities all over North America,
creating a fun, safe, and eco-friendly experience for millions of guests annually. In the process.. Pedal Pub
has partnered with the world-renowned bike manufacturer, FietscafeCK, the original `party bike' from
Amsterdam, to ensure every bike is of the highest quality and meets exceptional safety standards for the benefit
of all riders. They have also partnered with a company called Merryineeting Group (MMG), a company that
specializes in franchising and technology, leading to where we are today!
The Fayetteville Pedal Pub franchise plans to provide an extraordinary tourism experience all over NWA for
every customer. Not only will it create authentic and meaningful memories through positive team -building
experiences, but also offer community members and tourists alike a chance to socialize with friends
while partaking in a light workout in a unique way. I plan to bring a unique tour experience to the area
creating an opportunity to see the city from a rare perspective while pedaling the party bike as a team throughout
the entirety of the tour. Each tour will allow customers to visit landmarks, bars, and select breweries that have
become staples in Fayetteville. On each route there will be a few stops along the way depending on the
approved routes. These signature stops will include businesses that I have partnered with for drink specials,
retail discounts, and various photo opportunities in the area.
Since Pedal Pub is a new concept to the Northwest Arkansas area, updating the current pedicab ordinances to
include pedal carriages would allow my business to operate in Fayetteville. As you know, the current rules and
regulations for pedicabs includes restrictions on width, routes, route times, fees per passenger, the number of
passengers, streets with specific speed zones, to how many wheels pedicabs are allowed to have. By the city
revisiting and updating these rules and regulations to allow more than just one type of pedal based
operation it will allow my businesses concept to flourish in Fayetteville with others as well. Fayetteville has
grown, and continues to grow, into a spectacular hub of culture, education, and business. Having something
unique like Pedal Pub will directly enhance the experience and amenities for patrons in this wonderfully
funky town.
support moving forward with updates to Chapter 117, Article IX — Pedicabs to include Pedal Carriages.
encourage everyone on the council to consider all new types of pedal based concepts when these changes are
made and to expand the restrictions to account for more diverse operations.
Thank you for your time, I look forward to seeing what the City of Fayetteville has to offer in the future!
Amber Sinclair
Pedal Pub Fayetteville
Eclectic Bee LLC
479.531.9511
ARTICLE X - PEDAL CARRIAGES
117.120 - Definitions
For the purpose of this article, the following words and terms have the meaning ascribed thereto:
Driver. An individual at least twenty-one (21) years of age who operates a pedal carriage.
Holder. A person who is granted a Certificate of Public Convenience and Necessity under this article to
provide pedal carriage service in the city.
Pedal carriage. A non -motorized or electric powered bicycle -type vehicle with a unibody frame and four or
more wheels operated by one or more persons 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.
Pedal carriage service. The business of offering or providing transportation of persons for hire, or for a
gratuity, in a pedal carriage, 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.
Pedal carriage driver's permit. A permit issued to an individual by the Chief of Police to operate a pedal
carriage for hire in the city.
Operate. To drive or be in actual physical control of a pedal carriage.
Permittee. An individual who has been issued a pedal carriage driver's permit under this article.
Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two (2)
or more persons having a common economic interest.
Preapproved route. Pedal carriage service operating on a predetermined schedule with fixed pickup and
destination points located on a route approved by and on file with the Police Department.
117.121 - Certificate Of Public Convenience And Necessity Required; Issuance Procedure
(A) Certificate Needed For Operation. No person shall operate or permit a pedal carriage 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 pedal carriages,
(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 pedal carriages to be available for operation or controlled by the applicant and
the location of proposed storage areas for the pedal carriages 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 pedal carriage 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 pedal carriage service to the general
public, and the dates, if any, on which the applicant does not propose to provide pedal carriage
service to the general public, and;
(8) The rate schedule which the applicant proposes to use to charge passengers or receive
gratuities.
(9) Any proposed preapproved route with scheduled and fixed pick-up and destination points and
proposed fare for such pedal carriage 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. 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 pedal carriages
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.
(D) Findings of the City Council.
(1) If the City Council finds that pedal carriage or further pedal carriage 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 pedal
carriages already in operation, the probable effect of increased service on local traffic conditions
and traffic safety, and the character, experience, and responsibility of the applicant.
117.122 - Pedal Carriage Permitted Zone Of Operation And Preapproved Fixed Routes
(A) Permitted Zone of Operation. Pedal carriages may only operate and carry passengers within the
pedal carriage permitted zone of operation, as shown on the attached map as authorized by the City
Council when granting a Certificate of Convenience and Necessity or on preapproved routes or for
special events as authorized by the Transportation Services Director. Pedal carriages (without
passengers) may be taken by licensed pedal carriage operators from a storage, repair, maintenance
or cleaning area outside the pedal carriage permitted zone of operation into such zone or onto a
preapproved route where operations may begin. The City Council may further restrict the hours and
dates of operation in pedal carriage permitted zone of operation for any or all pedal carriage
companies.
(B) Route Approval.
(1) All routes outside of the permitted zone of operation shall be approved by the Police Department
(2) Operators shall submit to the Police Department all requests for temporary changes in
preapproved 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 change or event.
(C) No pedal carriage shall be operated in a location where such operation is not authorized by this
ordinance or prohibited by the laws of the State of Arkansas or the Fayetteville City Code.
(D) The operator of a pedal carriage shall maintain at least one (1) hand on the steering wheel at all times
during movement of the pedal carriage.
(E) No pedal carriage 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 Police
Department.
(F) No pedal carriage shall be operated using a gas powered assist motor.
117.123 - Pedal Carriage Driver's Permit
(A) Pedal Carriage Drivers Permit Required. No person shall operate a pedal carriage for hire or for a
gratuity upon the streets of the city, and no person who owns or controls a pedal carriage shall permit
it to be so operated, unless the driver of said vehicle shall have first obtained and shall have then in
force a pedal carriage driver's permit issued under the provisions of this article.
(B) Pedal Carriage Driver's Permit Application.
(1) An application for a pedal carriage driver's permit shall be filed with the Fayetteville Police
Department on forms provided by the city. Such application shall be verified under oath and shall
contain the following information:
(a) Valid current Arkansas Driver's license;
(b) The names and addresses of four (4) residents of the county, who have known the applicant
for a period of one (1) year and who will vouch for the sobriety, honesty, and general good
character of the applicant;
(c) A concise history of the applicant's employment; and
(d) Proof of existing employment or a promise of employment when a pedal carriage driver's
permit is issued with the pedal carriage company that has a valid Certificate of Public
Convenience and Necessity.
(C) Police Background Check. The Police Department shall conduct an background check of each
applicant for a pedal carriage driver's permit, and a report of such background check with a copy of
the traffic and police record of the applicant, if any, shall be attached to the application for the
consideration of the Chief of Police.
(D) Issuance of Permit. The Chief of Police or designee shall, upon consideration of the application and
the reports required to be attached thereto, approve or reject the application. If the application is
rejected, the applicant may request a personal appearance before the City Council to offer evidence
why his/her application should be reconsidered.
(E) Form and Term of Permit.
(1) Upon approval of an application for a pedal carriage driver's permit, the Chief of Police or
designee shall issue a permit to the applicant for an issuance fee of $35.00, which shall bear the
name, address, age, signature, and photograph of the applicant.
(2) The pedal carriage driver's permit shall remain in effect unless suspended or revoked until
January 31, the following year. The pedal carriage driver's permit may be reissued for another
year for a reissuance fee of $35.00 by the Chief of Police or designee after ensuring the applicant
continues to meet all requirements of this section.
(F) Application Returned to Pedal Carriage Company. When a driver's permit is issued, the application
and supporting information shall be returned to the holder of the Certificate of Public Convenience and
Necessity to be held by the certificate holder so long as the driver is employed by the certificate holder.
117.124 - Display Of Permit
Every permittee under this article shall post his or her driver's permit in such a place as to be in full view
of all passengers while the driver is operating a pedal carriage.
117.125 - Suspension, Revocation Of Permit
The Chief of Police or Assistant Chief is given the authority to suspend any pedal carriage 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 (10) 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 or her behalf.
117.126 - 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 pedal carriage 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
and $5,000,000.00 aggregate, and shall include coverage for premises operations, independent
contractors, products, completed operations, personal injury, and contractual liability.
(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 thirty (30) days before canceling, failing to renew, or making a material change to
the insurance policy; and,
(2) A provision to cover all pedal carriages, 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 pedal carriage 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.
117.127 - Conduct Of Drivers
Drivers shall at all times:
(A) Act in a reasonable, prudent, and courteous manner, including with disorderly passengers;
(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 pedal carriage,
(D) Not permit a person other than another employee of the pedal carriage service with a valid pedal
carriage driver's permit to operate a pedal carriage under his or her control;
(E) Not permit any person to ride on a place not intended for passengers of the pedal carriage.
(F) Ensure compliance with the City's noise ordinance.
(G) Follow all applicable traffic regulations, whether in the City of Fayetteville Code of Ordinance or
in Arkansas law, and shall not stop to load or unload passengers in the intersections of any streets, in
any crosswalk, or in any manner or location that would impede the flow of traffic or be considered
unsafe.
117.128 - Pedal Carriage Equipment; Inspection
(A) Inspection and Maintenance. Each pedal carriage shall comply with all the safety requirements
imposed by all state, federal or local laws. Each pedal carriage shall submit to an annual inspection
for compliance with the requirements of this article. The inspection shall be performed by the
Transportation Services Department. The fee for inspection shall be $50.00 per pedal carriage
inspected. No certificate shall be issued or continued in operation unless the holder thereof provides
proof of annual pedal carriage inspection for each pedal carriage in service.
(B) Required Equipment. A holder or driver shall, at all times, provide and maintain in good operating
condition the following equipment for each pedal carriage:
(1) Headlight,
(2) Taillights;
(3) Lights or reflectors on the front and rear corners of the passenger compartment;
(4) Approved braking system, which shall include hydraulic or mechanical disc or drum brakes,
or other type of brakes that are unaffected by rain or wet conditions, as well as a secondary
braking system;
(5) Pneumatic tires that conform with the manufacturer's specifications on all wheels with
adequate tread depth;
(6) Evidence of insurance and city map,
(7) Mirror,
(8) 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.
(9) Rate card complying with their Certificate of Convenience and Necessity and this code
posted in clear view of passengers;
(10) Child safety helmet available for passenger use;
(11) Sound -warning device;
(12) The identification number assigned by the Fayetteville Police Department for the pedal
carriage and telephone number of the pedal carriage company shall be displayed on the rear
of the pedal carriage with numerals no smaller than 2 inches in height and 1 inch in width.
117.129 — Rate Schedules
The holder shall maintain a current rate schedule on file with the Police Department and shall not
advertise or charge any rate or fee other than the amount on file.
117.130 - 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.
117.131 - 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.
117.132 - 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 (1)
calendar year, fails to have any vehicle inspected to operate under the certificate for one (1) calendar
year or fails to have any driver or operator properly permitted under the certificate for one (1) 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.
117.133 - Number Of Passengers In Pedal Carriages Limited
Pedal carriage drivers must ensure that the manufacturer rated carrying capacity of their pedal carriages
is never exceeded.
117.134 - Pedal Carriages May Not Use Public Sidewalks, Trails, or Closed Streets
Pedal carriages may not operate on or park on public sidewalks in Fayetteville. Pedal carriages must pay
a full normal parking space fee when stopped for more than one (1) minute or parked within a paid
parking space. Pedal carriages shall not be operated on any trails in the city or on any closed street.
117.135 - A.D.A. Compliance
Holders shall comply with all applicable provisions of the Americans with Disabilities Act.
117.136 — Accidents
All accidents arising from or in connection with the operation of a pedal carriage shall be immediately
reported to the Police Department if the accident results in death or bodily injury to any person or damage
to any vehicle or property in an amount exceeding five hundred dollars ($500.00). Any other accident
shall be reported to the Police Department within seventy-two hours from the time of the accident
occurrence.
RECEIVED
NORDivasTARKANMS
INMO B aze&
is 1 �, > I ^7 F v T7F1; I �r 7)7 , 47c:-4 ;` C ,FAX: ' mac' it c . u Diu„
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting
Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed
and published in Washington County and Benton County, Arkansas,
and of bona fide circulation, that from my own personal knowledge
and reference to the files of said publication, the advertisement of:
City of Fayetteville
Ord 6300
Was inserted in the Regular Edition on:
May 7, 2020
Publication Charges: $75.40
J
Brittany Smith
Subscribed and sworn to before me
This g day of YX'; 2020.
-"U �tw
R L
Notary Public UY
My Commission Expires: P-la / Lovs
tad G' ;09
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* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
MAY 13 2020
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance: 6300
File Number: 2020-0160
ENACT ARTICLE X PEDAL
CARRIAGES
AN ORDINANCE TO ENACT
ARTICLE X PEDAL CARRIAGES
INTO CHAPTER 117:
VEHICLE -RELATED BUSINESSES
WHEREAS, a local entrepreneur
approached City staff seeking the right
to operate a pedal carriage business in
The core of Fayetteville; and
WHEREAS, City staff worked with
City departments to craft proposed rules
and a zone of operation for a pedal
carriage business; and
WHEREAS, the item was presented to
the City Council Transportation
Committee on February 25, 2020, which
unanimously forwarded the proposed
ordinance to the full City Council with a
recommendation of approval.
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
enacts Article X Pedal Carriages in
Chapter 117: Vehicle-Relatcd
Businesses of the Fayetteville City Code
as shown in Exhibit "A" attached hereto
and made a part hereof.
PASSED and APPROVED on
4121/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Pax
75265798 May 7, 2020
