HomeMy WebLinkAbout2013-3533 - Ordinance - 10/24/2013 ORDINANCE NO. 2013- 353
AN ORDINANCE AMENDING CHAPTER 4, "BUSINESS REGULATIONS" BY
ADDING SECTION 22 "PEDICABS" TO THE CODE OF ORDINANCES OF THE CITY
OF COLLEGE STATION, TEXAS, SET OUT BELOW; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That CHAPTER 4, "BUSINESS REGULATIONS" SECTION 22
"PEDICABS ", be added to the Code of Ordinances of the City of College
Station, Texas, as set out in Exhibit "A ", attached hereto and made a part of this
ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not less than Twenty -Five Dollars ($25.00) or
more than Two Thousand Dollars ($2,000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station. 1
PASSED, ADOPTED and APPROVED this 0 20 1 ' day of eedhbeA__. , 2013.
APPROVED:
' 6
Mayor
ATTEST:
_ . L.
ity Secretary
APP' OVED:
C t Attorney
EXHIBIT "A"
That CHAPTER 4, `BUSINESS REGULATIONS" SECTION 22 "PEDICABS ", be added
to the Code of Ordinances of the City of College Station, Texas and is to read as follows:
Sec. 4 - 22. Pedicabs.
A. Definitions. For the purpose of this section, the following definitions shall apply, unless the
context clearly indicates or requires a different meaning:
(1) Applicant means any person, individual, firm, or corporation in the process of attaining
either a license or permit.
(2) City means the City of College Station, Texas.
(3) Driver or Operator means every person in charge of the operation of a Pedicab
whether as owner, agent, servant, or employee of the owner.
(4) Overcrowding means the driver is transporting a greater number of passengers in the
Pedicab than has been recommended by the Pedicab manufacturer or in violation of the
limits set by this section.
(5) Owner or Operator means any person who has the control, direction, maintenance, and
the benefit of the collection of revenue derived from the operation of Pedicabs on or
over the streets of the City whether as owner or otherwise, except "driver" as herein
defined.
(6) Pedicab. A tricycle not wider than fifty -four (54) inches at its widest point specifically
designed and manufactured to transport passengers.
(7) Pedicab Service means the business of offering or providing transportation of persons
for hire or for a gratuity in a Pedicab when a driver is furnished as part of the service.
(8) Pedicab Service License or License means the authority granted by the City to operate
a Pedicab or Pedicabs and shall authorize an operator of a Pedicab Service.
(9) Pedicab Driver Permit means a permit or license issued by the City to the driver of a
Pedicab meeting the qualifications as described within this section.
(10) Pedicab Permit means a permit or license issued by the City to the owner of a Pedicab
that has been issued a license by the City to operate within the City, and that Pedicab
has met the qualifications as described within this section.
(11) Tricycle means a device that is propelled by human power on which a person may ride
and has three wheels in contact with the ground, any of which is more than sixteen (16)
inches in diameter.
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Section 22 Pedicabs 2
B. Conduct of Drivers. Drivers at all times shall:
(1) Act in a reasonable, prudent, and courteous manner.
(2) Maintain a sanitary and well groomed appearance.
(3) Not inhale or consume any alcoholic beverage, drug, or other substance that could
adversely affect his or her ability to operate a Pedicab.
(4) Not permit a person other than another employee of the Pedicab Service with a valid
Pedicab Driver Permit to operate a Pedicab under his or her control.
(5) Not permit any person to ride on a place not intended for passengers of the Pedicab.
C. Operation of Pedicabs.
(1) When travelling on roadways with multiple lanes a Pedicab driver must travel in the
right lane, unless the destination requires otherwise.
(2) Pedicabs may not operate on sidewalks or other pedestrian designated areas.
(3) Pedicabs may not travel on roadways with a speed limit greater than 35 miles per hour,
except for the purpose of crossing the roadway.
(4) Pedicabs may not stand or park on public roadways for longer than is reasonably
necessary to load or unload passengers. All loading of passengers from a roadway must
be from the curb lane.
(5) A pedicab operator may not disrupt pedestrian traffic and must obey all traffic laws of
the State of Texas and the City of College Station.
(6) A Pedicab is limited to a maximum passenger capacity of three (3), excluding the
Pedicab driver.
D. Pedicab Service License.
(1) License — Required. It shall be unlawful for any person, individual, firm, or
corporation to drive or operate or cause to be driven or operated any Pedicab Service
upon or over any street in the City, unless there has first been obtained a license and
permit issued by the City as provided in this section.
(2) License — Application.
(a) Application Requirements. Application for Pedicab License Service within the
City shall be filed with the City of College Station Police Department on a form
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Section 22 Pedicabs 3
provided by the City. Applications shall be filed on or before December 1 of each
calendar year. The applicant must provide the following information:
(i) Name of the owner or person seeking the Pedicab License.
(ii) Name, address, and telephone number of company or person.
(iii) If corporation, name and address of major officers of corporation and major
stockholders.
(iv) If partnership or association, trade, partnership, or associate name, name and
address of partners.
(v) If sole proprietorship, name and address of owner.
(vi) A statement that the applicant has not been convicted of any felony or other
offense involving moral turpitude within the past ten (10) years, which may
adversely affect the applicant's ability to provide safe and reliable passenger
transportation.
(b) Sworn Statement. The application shall include a sworn statement by the applicant
that all information provided in the application is true and correct and shall further
state that the City is authorized to require a copy of the applicant's driving record
and criminal history - provided by the applicant, if any, of the applicant. The City
will investigate the facts stated in the application.
(c) License Fee. Each application must be accompanied by a non - refundable license
fee of fifty dollars ($50.00).
(d) Indemnification and Release. Each license will contain an agreement that the
licensee will release and indemnify the City in performance of the Pedicab Service.
E. Revocation or Suspension of Pedicab Service Operator License.
(1) Revocation or Suspension. The Chief of Police may revoke or suspend any license
issued under this section upon finding that any Pedicab Service Operator has violated
any provision of this section.
(2) Notice. A revocation or suspension shall take effect upon delivery of written notice to
the Pedicab Service Operator in person or by certified mail through the United States
Postal Service.
(3) Appeal. The Pedicab Service Operator shall have the right to appeal to the City
Manager from any such action of the City by delivering such appeal to the City
Secretary not more than five (5) days after the action appealed from. In the event the
Pedicab service operator shall fail to deliver such notice to the City Secretary within the
Chapter 4 Business Regulations
Section 22 Pedicabs 4
time prescribed, the action of the City in revoking or suspending the license shall be
final. If the Pedicab service operator timely delivers the notice to the City Secretary, the
City Manager or his designee, shall hear the appeal not more than twenty (20) days after
the filing of the notice of appeal with the City Secretary.
(4) A license may be revoked or suspended by the Chief of Police upon the verification of
( ) Y p Y p
any of the following:
T he Pedicab service operator has been arrested or convicted of a felony or other
(a ) p Y
offense involving moral turpitude, which may adversely affect the operator's ability
to provide safe and reliable passenger transportation to the public.
(b) The license was obtained by an application in which any material fact was
intentionally omitted or falsely stated.
(c) The Pedicab Service Operator has persisted in the operation of Pedicabs that are in
violation of any law.
(d) The Pedicab Service Operator has violated or failed to comply with any of the
provisions in this section, any City Ordinance or State Law, or any policies or rules
set out pursuant to this section.
(e) The Pedicab Service Operator or any agent or employee has been operating the
Pedicab Service in a negligent manner.
(f) The Pedicab Service Operator has allowed its insurance to be canceled, withdrawn,
terminated, or to fall below the minimum prescribed in this section.
(g) The Pedicab Service Operator has allowed any of its Pedicabs or equipment to
become damaged, deteriorated, or unclean to the extent that it is unsatisfactory for
public use.
(h) The Pedicab Service Operator is delinquent on any taxes owed to the City or fails
to show financial ability to maintain services in compliance with this section.
(i) The Pedicab Service Operator has allowed any driver or attendant to drive Pedicabs
after conviction of an offense felony or other offense involving moral turpitude,
which may adversely affect the operator's ability to provide safe and reliable
passenger transportation to the public.
F. Insurance Requirements. Any Applicant for a Pedicab License under this section shall,
before any license can be issued, deliver to the City's Risk Management department a
certificate of insurance reflecting insurance coverage as provided below.
(1) Commercial General Liability. An Applicant, Owner, or Operator shall keep in full
force and effect during the term of the Pedicab service license a policy of commercial
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Section 22 Pedicabs 5
general liability insurance, issued by an insurance company licensed and authorized to
do business in the State of Texas, insuring against any injury, loss or damage that may
result to any person or property from the operation of such Pedicab or Pedicabs for hire.
(2) Notice. Coverage under such policies shall not be non - renewed, canceled or materially
changed until at least thirty (30) days prior written notice has been given to the City of
College Station. Passenger liability exclusions are expressly prohibited.
(3) General Liability Insurance Minimum Requirements. General liability insurance
with limits of liability of five hundred thousand dollars ($500,000.00) per occurrence,
with an aggregate limit of one million dollars ($1,000,000.00), covering property
damage, bodily injury and personal injury; to secure payment of all lawful and proper
claims arising out of the operations of the Pedicab for hire service authorized hereunder.
(4) Canceled Policies. In the event any of the aforementioned required insurance policies
are canceled upon the request of the surety or insured, and no insurance policy is filed
by the license holder before the cancellation date, the Pedicab service license shall be
revoked automatically without further notice.
G. Issuance of License and Term.
(1) Issuance. The Chief of Police or his designee shall issue to each applicant a Pedicab
Service License after the applicant has met all requirements of this section.
(2) Term. The Pedicab Service License will be issued for the period beginning January 1St
and ending December 31 Any new license issued during the year shall begin on the
date of issuance and end on December 31 of that year. The Pedicab Service License
must state the year for which it is valid.
H. City Pedicab Driver Permit.
(1) City Pedicab Driver Permit Required. It shall be unlawful for any person or
individual desiring to drive or operate a Pedicab in the City without applying and
obtaining a Pedicab Driver Permit.
(2) License. If a person or entity has a valid Pedicab Service Licensee obtained under this
section it does not allow any person to drive or operate a Pedicab owned, controlled or
operated by the licensee, unless the driver has a valid City Pedicab Driver Permit issued
under this section.
I. City Pedicab Driver Permit Application Requirements Application for Pedicab Driver
Permit within the City shall be filed with the City of College Station Police Department on a
form provided by the City. Applications shall be filed on or before December 1 of each
calendar year. The applicant must provide the following information on such form:
(1) Name, local residence address, date of birth, and telephone number.
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Section 22 Pedicabs 6
(2) Texas driver license number, expiration date and three -year driving record.
(3) A sworn statement that the applicant has not been convicted within the past ten (10)
years of a felony or the following offenses involving moral turpitude which adversely
affects the applicant's ability to provide safe and reliable passenger transportation:
(a) Prostitution or related offenses.
(b) Driving while intoxicated or under the influence of drugs.
(c) Violations of the Controlled Substance Act.
(d) Rape, murder, attempted murder, aggravated assault.
(e) Theft over five hundred dollars ($500.00).
(f) A felony or other offense involving moral turpitude which may adversely affect
the applicant's ability to provide safe and reliable passenger transportation.
(4) Sworn Statement. The application shall include a sworn statement by the applicant that
all information provided in the application is true and correct and shall further state that
the City is authorized to require a copy of the applicant's driving record and criminal
history - provided by the applicant, if any, of the applicant. The City shall investigate
the facts stated in the application.
(5) Driver Permit Fee. The fee for driver permits issued prior to June 30 shall be ten
dollars ($ 10.00). Fees for permits issued on June 30 or there after shall be five dollars
($5.00). No portion of the fee shall be refunded in the event the permit is terminated
prior to expiration. Permit documents which are lost or destroyed may be replaced upon
payment of a five dollar ($5.00) fee.
J. Issuance of Permit and Term
(1) Issuance. The Chief of Police or his designee shall issue to each applicant a Pedicab
Driver Permit after the applicant has met all requirements of this section.
(2) Term. The Pedicab Driver Permit will be issued for the period beginning January 1st
and ending December 31 Any new permit issued during the year shall begin on the
date of issuance and end on December 31 of that year. The Pedicab Driver Permit must
state the year for which it is valid.
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Section 22 Pedicabs 7
l i
K. Revocation or Suspension of Pedicab Driver Permit.
(1) Revocation or Suspension. The Chief of Police may revoke or suspend any permit
issued under this section upon finding the permittee has violated any provision of this
section.
(2) Notice. A revocation or suspension shall take effect upon delivery of written notice to
the permitee, in person or by certified mail through the United States Postal Service.
(3) Appeal. The permittee shall have the right to appeal to the City Manager from any such
action of the City by delivering such appeal to the City Secretary not more than five (5)
days after the action appealed from. In the event the permitee shall fail to deliver such
notice to the City Secretary within the time prescribed, the action of the City in
revoking or suspending the license shall be final. If the permittee timely delivers the
notice to the City Secretary, the City Manager or his designee, shall hear the appeal not
more than twenty (20) days after the filing of the notice of appeal with the City
Secretary.
(4) A permit may be revoked or suspended by the Chief of Police upon the verification of
any of the following:
(a) The permittee has been arrested or convicted of a felony or other offense involving
moral turpitude, which may adversely affect the operator's ability to provide safe
and reliable passenger transportation to the public.
(b) The permit was obtained by an application in which any material fact was
intentionally omitted or falsely stated.
(c) The permittee has persisted in the operation of Pedicabs that are in violation of any
law.
(d) The permittee has violated or failed to comply with any of the provisions in this
section, any City Ordinance or State Law, or any policies or rules set out pursuant
to this section.
(e) The permittee or any agent hereof has been guilty of operating the Pedicab Service
in a negligent manner.
(f) The permittee has allowed any of its Pedicabs or equipment to become damaged,
deteriorated, or unclean to the extent that it is unsatisfactory for public use.
(g) The permittee is delinquent on any taxes owed to the City or fails to show financial
ability to maintain services in compliance with this section.
(i) The permittee has altered, or cause to be altered the City Pedicab driver permit
photograph.
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Section 22 Pedicabs 8
L. Display of Driver Permit.
(1) No person shall drive or operate a Pedicab within the City, unless the Driver Permit
issued by the City is displayed on a conspicuous place inside the Pedicab in view of the
passengers. The permit, including the photo shall not be altered in any manner.
(2) The City of College Station shall provide a laminated permit with a picture of the
permittee. A second picture will be kept on file along with the Pedicab Permit
application.
M. Pedicab Permits.
(1) Pedicab Permit Application. Application for a Pedicab Permit within the City shall be
filed with the City of College Station Police Department on a form provided by the
City. The applicant must provide the following information on such form:
(a) Name, address, and telephone number of applicant.
(b) If a corporation, corporate name, place of incorporation, address and telephone
number.
(c) If a partnership, name of the partnership, and the names, addresses, and telephone
numbers of all partners.
(d) Number of the applicant's operating license.
(e) Make, model, body style, model year, color of Pedicab, and seating capacity per
manufacturer's recommendations.
( Pedicab identification number.
(g) Owner of Pedicab, if different than applicant.
(2) Sworn Statement. The application shall include a sworn statement by the applicant that
all information provided in the application is true and correct. The City shall investigate
the facts stated in the application.
(3) Fees. The annual fee for Pedicab Permits issued prior to June 30 shall be ten dollars
($10.00). Fees for permits issued on June 30 or there after shall be five dollars ($5.00).
The fee is not refundable in the event the permit is canceled or revoked prior to
expiration. Permit documents which are lost or destroyed may be replaced upon
payment of a five dollar ($5.00) fee.
(4) Term, Expiration, and Renewal. The term of all Pedicab permits are no longer than
one (1) year with expiration on December 31 Renewals shall be applied for in the
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Section 22 Pedicabs 9
same manner as specified for the original permit. Renewal permits may be issued during
the month of December for expiration on December 31 of the following year.
N. Pedicab Requirements and Inspections.
(1) The Permittee, License Holder or driver shall at all times, provide and maintain in good
operating condition the following equipment for each pedicab:
(a) A headlight capable of emitting a light at a distance of 500 feet or greater, as
delegated by the Texas Transportation Code Section 551.104.
(b) Two properly functioning and operating taillights and signal lights.
(c) Rear and side reflective devices.
(d) A properly functioning and operating braking system.
(e) A properly functioning and operating horn.
(f) A rearview mirror.
(h) Sufficient rubber and treading on all wheels.
(i) A slow moving vehicle emblem.
(j) Proof of insurance and city map.
(k) 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.
( ) strap I S eat stra available for passenger use.
(m) A sign on the body of the pedicab stating that name under which the Pedicab is
operated. The name must be in letters not less than two and one -half inches in
height and five - sixteenths of one inch in width, and must be of solid color that
contrasts with the background.
(n) The identification number assigned by the College Station Police Department for
the pedicab and the telephone number or web page address of the pedicab
company shall be displayed on the rear of the pedicab with numericals not less
than two and one -half inches in height and five- sixteenths of one inch in width.
(2) Inspection of Pedicabs. No permit shall be issued or reinstated until the Pedicab has
been inspected by a City official. An inspection checklist form provided by the City to
certify that the Pedicab has fully complied with all requirements thereon shall be
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Section 22 Pedicabs 10
completed at that time. Pedicabs are subject to re- inspection at any time by a City
official.
O. Revocation and Suspension of Pedicab Permit.
(1) The Chief of Police may revoke or suspend any permit issued under this section upon
finding that any permittee has violated any provisions of this section or any of the
following.
(a) The permit was obtained by an application of which any material fact was omitted
or stated falsely.
(b) The permit holder has failed to comply with the provisions of this section or has
persisted in permitting his Pedicab to be operated in violation of any law.
(2) Notice. A revocation or suspension shall take effect upon delivery of written notice to
the permitee, in person or by certified mail through the United States Postal Service.
(3) Appeal. The permittee shall have the right to appeal to the City Manager from any such
action of the City by delivering such appeal to the City Secretary not more than five (5)
days after the action appealed from. In the event the permitee shall fail to deliver such
notice to the City Secretary within the time prescribed, the action of the City in
revoking or suspending the license shall be final. If the permitee timely delivers the
notice to the City Secretary, the City Manager or his designee, shall hear the appeal not
more than twenty (20) days after the filing of the notice of appeal with the City
Secretary.
(4) Reinstatement of Suspended permit and Fee. Pedicab Permits suspended because of
failure to comply with the requirements of this section may be reinstated as soon as the
Pedicab is brought back into compliance. Application for such reinstatement shall be
made in writing to the City on the form provided by the City. The fee for reinstatement
shall be five dollars ($5.00).
P. Offenses.
n engaged in the Pedicab business, driving It shall be unlawful for any person g or
operating a Pedicab to overcrowd the Pedicab.
(2) It shall be unlawful for any Pedicab driver to represent themselves as another Pedicab
company.
(3) It shall be unlawful for any driver of any Pedicab or for any other person acting for the
driver to seek or solicit patrons or passengers for any such Pedicab by word or sign,
directly or indirectly, while driving any such Pedicab over, through or on, any public
street or public place of the City, or while same is parked on any public street or alley of
the City.
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Section 22 Pedicabs 11
(4) It shall be unlawful for any officer or employee of the City to accept, or a Pedicab
service licensee or employee to offer, either directly or indirectly, any gifts, discounts,
or gratuities in association within the provision of Pedicab services.
(5) It shall be unlawful for a Pedicab driver to receive or discharge passengers in the
roadway of any street. It is a defense to this section that said driver drove to the right -
hand sidewalk, the extreme right -hand side of the road as nearly as practical, or into a
driveway or parking lot for such purposes.
(6) Failure to pay fare. It shall be unlawful for any person to refuse to pay the legal fare of
any Pedicab after having hired the same or to hire any Pedicab with intent to defraud the
person from whom it is hired of the value of such service.
(7) It shall be unlawful for any person to violate any part of this section.
Q. Display of Rates and Fares.
(1) Posted Amounts. Rates and fares charged for passengers of the Pedicab shall be posted
in a conspicuous place on the inside of each Pedicab for passengers in the front and
back seats and on the outside
(2) Receipt for payment. It shall be unlawful for the driver of any Pedicab, upon receiving
full payment of a fare, to refuse to give a receipt upon the request of the passenger
making such payment.
R. Central point of contact for complaints.
(1) The College Station Police Department shall be the central point of contact for any
complaints or issues regarding Pedicab companies located within in the City.
Complainants shall call the Police Department's non emergency phone at 979 - 764 -3600.
(2) The College Station Police Department's non emergency number shall be posted with
the rates and fares inside and outside the Pedicab.
(a) The complaint posting shall state "Call the College Station Police Department for
Complaints about this Pedicab at 979 - 764 - 3600."
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Section 22 Pedicabs 12