058 of 2016 - Pedicab Ordinance 0 16-1
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SALT LAKE CITY ORDINANCE
No.58 of 2016
(Pedicab Ordinance)
An ordinance enacting Chapter 5.63 of the Salt Lake City Code regarding the regulation
of pedicabs.
WHEREAS,the use of pedicabs as a means of transportation within Salt Lake
City is increasing significantly;and
WHEREAS,the ordinances set forth in Chapter 5.63 of the Salt Lake City Code
contain provisions governing pedicabs;and
WHEREAS,the City Council finds that enacting the ordinances set forth in
Chapter 5.63 further the health,safety,or welfare of the citizens of Salt Lake City;
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. That chapter 12.56 of the Salt Lake City Code shall be,and hereby
is,amended to read as follows:
Chapter 5.63
PEDICAB S
Article I.Definitions
5.63.005:Definitions And Interpretation Of Language
5.63.010:Applicant
5.63.015:Driver
5.63.020:Pedicab
5.63.025:Pedicab Business
5.63.005:DEFINITIONS AND INTERPRETATION OF LANGUAGE:
The words and phrases,when used in this chapter,shall have the meanings defined and
set forth in this article.
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5.63.010:APPLICANT:
"Applicant"means the person signing an application either for a pedicab license or for a
pedicab driver license under this chapter.
5.63.015:DRIVER:
"Driver"means any person operating or in actual physical control of a pedicab,or any
person sitting in the driver's seat of such pedicab with the intention of causing it to be
moved.
5.63.020:PEDICAB
"Pedicab"means a bicycle-type vehicle for the purpose of carrying passengers for hire
that is propelled by human power or electric assisted,is not intended to exceed twenty-
five(25)miles per hour and cannot exceed a combined voltage and amperage of 72v and
a C-rate of 30 amps.
5.63.025:PEDICAB BUSINESS
"Pedicab Business"means a business operating one or more pedicabs for the physical
transportation of the general public for profit,not-for-profit,or as a free service
Article II.Authority To Operate
5.63.030:Compliance Responsibility
5.63.035:Fees
5.63.030:COMPLIANCE RESPONSIBILITY:
A. All persons shall comply with and operate under the requirements of applicable law,
including,without limitation,federal,state,county and city laws and ordinances,
including,but not limited to,this chapter,title 8 of this code,and all department rules
and regulations.
B. A pedicab business shall not be relieved of any responsibility for compliance with the
provisions of this chapter,regardless of form the pedicab business uses to compensate
its drivers-whether by paying salary,wages,or any other form of compensation.
5.63.035:FEES:
No business license shall be issued or continued in operation unless the license holder has
paid an annual business regulatory fee,as set forth in section 5.04.070 of this title or its
successor section,for the corresponding pedicab business.
Article III.Driver Licensing
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5.63.040:Licenses Required For Pedicab Operators
5.63.045:Pedicab Driver License Application:
5.63.050:Application;Verification:
5.63.055:Application;Fee Required:
5.63.060:Investigation of Applicant:
5.63.065:Driver's Qualifications:
5.63.070:Hearing Upon Rejection:
5.63.075:Term of Pedicab Driver License:
5.63.080:License;Display:
5.63.040:LICENSES REQUIRED FOR PEDICAB OPERATORS:
It is unlawful for any person to operate or for a pedicab business to permit any person to
operate a pedicab for hire upon the streets of the city without such operator:
A. being at least eighteen(18)years of age;
B. having first
1.obtained and having then in force a current Utah motor vehicle operator's
license valid in the state of Utah;or
2. passed the written portion of the Utah motor vehicle operator's license test;
C. having first obtained and having then in force a current pedicab driver license from
the City expressly permitting that person to operate a pedicab.
5.63.045:PEDICAB DRIVER LICENSE APPLICATION:
A. A prospective applicant for a pedicab driver license shall provide to the Salt Lake
City business licensing supervisor a completed written application using the form
provided therefore by the business licensing department. The application form
shall include,but is not necessarily limited to,the following information
regarding the applicant:
1. The correct legal name of the applicant;
2. Any other names or aliases used by the applicant;
3. Age,birth date,and place of birth;
4. Height;
5. Weight;
6. Color of hair;
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7. Color of eyes;
8. Present business address and telephone number;
9. Present residence and telephone number;
10.Utah driver's license number or other identifying information sufficient to
facilitate a background check of the applicant;
11.Social security number;
12.A statement detailing the business,occupation or employment history of the
applicant for three(3)years immediately preceding the date of the filing of the
application;
13.A statement detailing the license or permit history of the applicant for the five
(5)year period immediately preceding the date of the filing of the application,
including whether such applicant while previously operating or seeking to
operate,in this or any other county,city,state or territory,has ever had a license,
permit or authorization to do business denied,revoked or suspended,or has had
any professional or vocational license or permit denied,revoked or suspended.In
the event of any such denial,revocation or suspension,state the date,the name of
the issuing or denying jurisdiction,and state in full the reasons for the denial,
revocation or suspension.A copy of any order of denial,revocation or suspension
shall be attached to the application;
14.A statement detailing all criminal convictions or pleas of nolo contendere,
except those that have been expunged,and the disposition of all such arrests for
the applicant for five(5)years prior to the date of the application.This disclosure
shall include all ordinance violations,excepting minor traffic offenses(any traffic
offense designated as a felony,a class A misdemeanor,or an alcohol-related
offense shall not be construed as a minor traffic offense),stating the date,place,
nature of each conviction or plea of nolo contendere and sentence of each
conviction or other disposition;identifying the convicting jurisdiction and
sentencing court and providing the court identifying case numbers or docket
numbers.Application for a pedicab operator's license shall constitute a waiver of
disclosure of any criminal conviction or plea of nolo contendere for the purposes
of any proceeding involving the pedicab operator's license;
15.A written certification from the pedicab business employing the applicant
driver stating that the applicant driver has received training from the said pedicab
business as to the requirements governing the operation of pedicabs as set forth in
this chapter.
5.63.050:APPLICATION;VERIFICATION:
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The application for a pedicab driver license shall be verified by the applicant under oath,
and he/she shall be required to swear to the truthfulness of the matters contained in the
application.
5.63.055:APPLICATION;FEE REQUIRED:
At the time the pedicab driver license application is filed,the applicant shall pay to the
business license office the fee shown on the Salt Lake City consolidated fee schedule.
5.63.060:INVESTIGATION OF APPLICANT:
A. The police department shall conduct an investigation of each applicant for each
pedicab driver license,and shall review all of the information filed by the applicant as
required by this article.Upon completion of the investigation,the police department
shall recommend approval or disapproval of the proposed application to the business
license administrator on the pedicab driver license application form.
B. It shall be the duty of the police department to report in writing to the business
license administrator any misrepresentation or falsification by the applicant on the
pedicab driver license application form which may be uncovered by the police
investigation,and any such misrepresentation or falsification will constitute just cause
for the business license administrator to refuse to issue a pedicab driver license,or to
suspend or revoke the same if it has been issued.
C. The police department's recommendation required by subsection A of this section
shall be based upon:
1.Findings of the criteria specified in section 5.63.065 of this chapter,or its
successor;
2.The police department's recommendation may take into account the length of
time between any criminal conviction and the application for the license and may
also take into account the applicant's rehabilitation efforts,if any.
5.63.065:DRIVER'S QUALIFICATIONS:
A. Except as hereinafter set forth,no permit or renewal of a pedicab driver license shall
be issued to any of the following persons:
1.Any person under the age of eighteen(18)years;
2.Any person who is currently required to register with the Sex and Kidnap
Offender Registry pursuant to title 77,chapter 41 of the Utah Code Annotated,or
its successor;
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3.Any person who has been convicted of a crime involving moral turpitude,
narcotic or dangerous drugs,a felony conviction for an offense against a person or
property,unless a period of not less than five(5)years shall have elapsed since
the date of conviction or the date of release from confinement for such offense,
whichever is later;
4.Any person who has been convicted of driving a vehicle recklessly within the
five(5)years immediately preceding application for a permit;
5.Any person who has been convicted of driving a vehicle while under the
influence of alcohol or a controlled substance,or of being in or about a vehicle
while under the influence of alcohol or a controlled substance with the intent of
driving such vehicle,within the five(5)years immediately preceding application
for a permit;
6.Any person who has been convicted of two(2)or more felonies;
B. Notwithstanding the provisions of subsections A(3)or A(6)of this section,if a
hearing examiner conducting a hearing pursuant to section 5.63.070 or its successor
section,receives documents or testimony at a hearing that proves by a preponderance
of the evidence that the applicant has reformed his/her moral character so as to pose
no threat to members of the public,then the hearing examiner may issue the license.
Part of the documents or testimony used to establish the preponderance shall come
from the applicant's parole officer if the applicant is still on parole.An applicant's
failure to provide a recommendation from the applicant's parole officer if the
applicant is on parole shall constitute grounds for denying the applicant's request.
5.63.070:HEARING UPON REJECTION:
If the application for a pedicab driver license is rejected,the applicant shall be entitled,
upon request,to a hearing before a hearing examiner as provided in chapter 5.02 of this
title,or its successor.
5.63.075:TERM OF PEDICAB DRIVER LICENSE:
All pedicab driver licenses issued pursuant to this chapter are valid for one(1)year,
unless suspended or revoked,and shall be both unassignable and nontransferable.A
pedicab driver license may be renewed by submitting the application and renewal fees to
the city prior to the expiration of the current license.
5.63.080:LICENSE;DISPLAY:
Every driver operating a pedicab under this chapter shall keep his or her current,valid,
pedicab id card;driver license and Utah motor vehicle operator's license on his or her
person while such driver is operating a pedicab,and shall exhibit such cards and licenses
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upon demand of any police officer,business license inspector,or any authorized agent of
the business license office of the city.
Article IV.Pedicab Equipment
5.63.085:Pedicab Equipment;Required
5.63.090:Insurance;Required
5.63.085: PEDICAB EQUIPMENT REQUIRED
A. Specifications:Every pedicab operating under this chapter shall be maintained in a
safe and efficient operating condition in accordance with the following requirements:
1.Each pedicab shall be equipped with one electrified white light visible for five
hundred feet(500')to the front of the pedicab,and two(2)electrified red lights
visible for five hundred feet(500')to the rear of the pedicab.
2. Each pedicab shall be equipped with electrified directional signals.
3. Each pedicab shall be equipped with:
i.Reflective material of sufficient size and reflectivity to be visible from
both sides for five hundred feet(500')when directly in front of lawful
lower beams of head lamps on a motor vehicle;or
ii.In lieu of reflective material,a lighted lamp visible from both sides
from a distance of at least five hundred feet(500').
4.Each pedicab shall be equipped with:
i. Hydraulic or factory equipped mechanical brakes appropriate for the
design of the particular pedicab;and
ii.Functioning brake lights that are connected to the brakes described in
subsection(A)(4)(i).
5. Each pedicab shall be maintained in a clean and sanitary condition,which
includes no exposed rust,ripped upholstery or fabric,and exposed wood that is
not painted.
6. Each pedicab shall be equipped with a working seatbelt for passengers.
5.63.090:INSURANCE;REQUIRED
A pedicab business shall provide a commercial general liability insurance policy covering
its operation of said pedicab for public transportation with minimum insurance limits
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established by Utah Code sections 41-6a-208 and 13-51-108,or their successor sections.
A current certificate of insurance,approved by the City Attorney,must be kept on file
with the City Recorder verifying such continuing coverage.The insurance policy shall
name the city as an additional insured and shall contain a special endorsement to the
effect that the city will be notified at least thirty(30)days prior to cancellation or
reduction in the limits.The city requires continuous coverage.Cancellation of insurance
constitutes grounds for the suspension or revocation of the business license to which the
insurance corresponds.
Article V.Conduct Of Drivers And Operation Of Pedicabs
5.63.095:Traffic Laws
5.63.097:Sidewalk Restrictions
5.63.100:Lights
5.63.105:Speed
5.63.110:Presence And Control
5.63.112:Solicitation Of Passengers By Unusual Noise Prohibited
5.63.115:Number Of Passengers
5.63.120:Passengers Restricted To Passenger Area
5.63.125:Rates
5.63.127:Earbuds and Similar Devices
5.63.095:TRAFFIC LAWS:
A driver operating a pedicab shall be subject to all laws that apply to the operation of a
bicycle. Drivers are also prohibited from operating a pedicab while consuming any
alcoholic beverage or while under the influence of alcohol or any drug to a degree that
renders the driver incapable of safely driving a vehicle within the city as set forth in
section 12.24.100 or any successor section.
5.63.097: SIDEWALK RESTRICTIONS:
A. Pedicabs shall not:
1. Be driven or operated on any sidewalk;
2. Occupy any portion of a sidewalk in a manner that obstructs or
interferes with the public's ability to travel over or otherwise use
such sidewalk.
B. Notwithstanding the prohibitions set forth in subsection A(1),a pedicab driver
may maneuver a pedicab onto a sidewalk adjacent to the roadway for the sole
purpose of loading or unloading passengers. During the loading or unloading of
passengers,the pedicab shall not obstruct or interfere with the public's ability to
travel over or otherwise use the sidewalk.
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5.63.100:LIGHTS:
The driver of each pedicab in operation from one-half('h)hour after sunset until one-half
(1/2)hour before sunrise,and at any other time when persons and vehicles on the roadway
are not clearly discernible at a distance of one thousand feet(1,000'),shall turn on the
front and tail lights of the pedicab and take any action necessary to make them
operational,such as by replacing a light bulb.
5.63.105:SPEED:
The driver must obey all posted signs and speed limits and shall not at any time permit
the pedicab to exceed a speed of twenty-five(25)miles per hour.
5.63.110:PRESENCE AND CONTROL:
No driver shall leave a pedicab unattended in a public place unless such pedicab is
appropriately positioned in a manner that does not obstruct vehicle or pedestrian traffic.
5.63.112: SOLICITATION OF PASSENGERS BY UNUSUAL NOISE
PROHIBITED:
It is unlawful to solicit passengers,or otherwise seek to attract attention to a pedicab for
commercial purposes,through the use of a horn,bell,whistle,or other loud noise.
5.63.115:NUMBER OF PASSENGERS:
No driver shall permit more than four(4)passengers to ride in the pedicab at any one
time.If the pedicab is designed to carry fewer than four passengers,then the pedicab
shall not carry more passengers than it is designed to carry.
5.63.120:PASSENGERS RESTRICTED TO PASSENGER AREA:
No driver shall permit a passenger to ride on any part of the pedicab other than the area of
the pedicab that is specifically designed to hold passengers.The driver shall require all
passengers to remain seated and to utilize the seatbelts while the pedicab is in motion.
5.63.125:RATES:
A. All pedicabs must have a sign located on the body of the pedicab that:
1. lists the fares charged;or
2. indicates that fares must be agreed upon before potential customers enter the
pedicab;
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B. All drivers must make available to any person upon request,the rates for all tours
and trips offered by the service.Once a vehicle has been hired for a designated
route or termini,the driver may not accept additional passengers without the
original contracting passengers'consent.
C. It is unlawful for the driver of a pedicab to charge a passenger a fare that was not
agreed upon in advance.
D. It is unlawful for the driver of a pedicab to demand a fare from a passenger after
agreeing to provide the service for a gratuity only.
5.63.127: EARBUDS AND SIMI AR DEVICES
Pedicab drivers shall not operate a pedicab while wearing earbuds,earphones,or any
other device that prevents the pedicab driver from hearing customer requests or traffic.
Article VI.Violations
5.63.130:Revocation Or Suspension
5.63.135:Infractions
5.63.130:REVOCATION OR SUSPENSION:
If any person to whom a business license or a pedicab driver license has been issued
pursuant to this chapter commits a violation of this chapter,such license may be revoked
or suspended according to the procedure provided for revocation or suspension of a
business license issued by the city.
5.63.135:INFRACTIONS:
Violation of any provision of this chapter shall constitute an infraction unless such
offense is specifically designated as a Class B or Class C misdemeanor or a civil
violation.
SECTION 2. That this ordinance shall become effective immediately upon
publication.
Passed by the City Council of Salt Lake City,Utah this 6th_day of
September 2016.
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CHAP 'ERSON
A �S1
Y RECORDER
Transmitted to Mayor on September 21, 2016
Mayor's Action: X Approved. Vetoed.
AYOR
CITY RECORDER
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(SEAL)
n t `'y,' J
O�• APPROVED AS TO FORM
Bill No. 58 of 2016. �Rq sEP� Date:
Published: September 23, 2016 By:
J n OI yd,Senior City Atto
HB ATTY-#55830-v1-Pedicab Ordinance-With Council Amendments
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