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HomeMy WebLinkAboutORD 7079 AMEND CITY CODE PEDICAB SERVICE ~ ,'( ORDINANCE NO. 7079 AN ORDINANCE TO AMEND THE COUNTY OF AUGUSTA, GEORGIA CODE TO ADD A NEW ARTICLE 5 ENTITLED PEDICAB SERVICE; TO PROVIDE FOR THE OPERATION AND REGULATION OF PEDICABS IN THE AUGUSTA-RICHMOND COUNTY DOWNTOWN CENTRAL BUSINESS DISTRICT, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO PROVIDE AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS; Augusta-Richmond County Commission is encouraged by the increase of interest in the tourism and entertainment activities located in the downtown central business district by its citizens and tourists; WHEREAS, there is significant public interest in growing the tourism industry in the downtown central business district; WHEREAS, pedicabs will enhance the historic and traditional ambiance of downtown area and provides an economical means of transportation for pedestrians; WHEREAS, the Augusta-Richmond County Commission welcomes the opportunity to encourage its citizens and visitors a safe, efficient medium to enjoy the restaurants, market area and places of assembly in the downtown central business district. WHEREAS, pedicabs will provide an opportunity for Augusta-Richmond County to embrace an environmentally safe, gas saving and enjoyable form of transportation for people in the downtown central business district. THE AUGUSTA-RICHMOND COUNTY COMMISSION hereby ordains as follows: SECTION 1: That Title 6 be amended to add Article 5 titled PEDICABS SERVICE as set forth as Exhibit "A" attached hereto. SECTION 2: This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this b dil"yof ~~2008._ D~tp~~f-- L As its Mayor 1st reading July 10, 2008 Seal: 2nd reading August 4, 2008 Publish in the Augusta Chronicle August 14, 2008 I ARTICLE 5 PEDICAB SERVICE Sec. 6-7-85. Definitions. For the purpose of this article, the following words and phrases shall have the meanmgs respectively ascribed to them by this section: (a) Business tax certificate holder. A person to whom a business tax certificate has been issued in the form prescribed by Augusta-Richmond County to engage in the pedicab business in the central business district. This person should also be identified as the owner or licensee of the pedicab business. (b) Pedicab. A three or more wheeled vehicle with a hooded carriage body balanced on two of the wheels operated by a human being used for transporting passengers for hire. The body may be placed in front or in back ofthe driver, who propels the vehicle by pedaling. C c) Pedicab driver. A person who has been granted a business tax certificate to drive a pedicab upon the streets of Augusta-Richmond County. A driver may be an employee of a licensee or an independent contractor who leases his pedicab from a licensee. The pedicab driver and licensee may determine by contract the terms of their relationship. Nothing in this article should be interpreted to the contrary. Where a pedicab driver leases his pedicab from a licensee, all references in this article to licensee or licensees will apply to such a driver. Cd) Pedicab driver's oermit. A person who has been granted a permit to drive a Pedicab by the Sheriffs Department upon the streets of the central business district of Augusta-Richmond County. ( e) Pedicab service. This business tax certificate class is defined as a contract service for Pedicab vehicles with driver, paid for distance covered, not on a time basis. Such business may be conducted in the manner of a taxicab, bus or sightseeing tour service. Vans, buses and automobiles may not be used under this business tax certificate. (D Passenger loadin~ zone. A public space authorized by the Augusta-Richmond County Commissioners adiacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (g) Solicitation. The act of attempting to secure passengers for a particular Pedicab by word or deed designed to call a potential customer's attention to one particular pedicab as opposed to all other pedicabs also present. It shall include but not be limited to shouts, gestures, catcalls or any other attention-securing maneuver or remarks uttered by or performed by the driver. This does not include talking in a normal tone of voice to potential passengers while seated in the pedicab or standing adiacent to it. Ch) Trio. Movement of one (1) or more passengers from point to point. The first discharge of a passenger shall terminate a trip and begin a new trip from the point of discharge. (i) Central Business District. The boundaries for the area designated for the combined use of pedicabs and regular vehicle traffic: the area of the Central Business District from Fifth Street on the east, Reynolds Street on the North, Thirteenth Street on the west and Telfair Street on the south. Sec. 6-7-86. Business tax certificate required. Any person, firm or corporation who owns, operates or does business as a pedicab service in Augusta-Richmond County shall, before engaging in such business, obtain a business tax certificate in accordance with the AUGUSTA, GA CODE. Sec. 6-7-87. Rel!ulatory fee. Any person, firm or corporation who owns, operates or does business as a pedicab service in Augusta-Richmond County shall, before engaging in such business, pay a regulatory fee of$25. Sec. 6-7-88. Number limited~ sale of business tax certificate. The number of pedicabs authorized to be operated by business tax certificate holders under the provisions of this Article shall be limited to the total number often (10). Sec; 6-7-89. Transfer of business tax certificate. A business tax certificate issued by Augusta-Richmond County under this article cannot be sold or transferred without prior approval of the Commission. Sec. 6-7-90. Insurance. Each business tax certificate holder under this article shall maintain a general comprehensive liability insurance policy issued by an insurance company authorized to do business in the State of Georgia in the amount of one million dollars ($1,000,000.00). The business tax certificate holder under this article shall furnish to the director of license and inspection a COPy of the insurance certificate showing the amounts provided for herein and the expiration date of insurance policy required. The policy shall require notice to be sent within ten (10) days to the Commission as a certificate holder of any cancellation or nonrenewal of any policy provided for in this section. Each business certificate holder must have, if applicable, Workers' Compensation insurance in statutory amounts set forth by the State of Georgia. Sec. 6-7-91. Initial inspection of pedicab~ issuance of certificate. Prior to the use and operation of any pedicab under the provisions of this article, such vehicle shall be thoroughly examined and inspected by the sheriffs department and found to comply with all such rules and regulations as may be prescribed and distributed by the Sheriffs Department. These rules and regulations shall be promulgated so as to provide safe transportation for passengers and the general public and shall specify and require installation and proper care and maintenance of such safety equipment and regulatory devices as the Sheriffs Department and the License and Inspection Department shall deem necessary. When the Sheriffs Department finds that a pedicab has met the standards established, it shall issue a certificate to that effect, which shall also state the authorized seating capacity and weight requirements of the vehicle so certified. This capacity shall at no time be exceeded. Sec. 6-7-92. Cleanliness. Every pedicab operating under this article shall be kept, at all times, in a clean and sanitary condition according to rules and regulations promulgated and issued by the Sheriffs Department. Sec. 6-7-93. Biannual inspection. Every pedicab operating under this article shall be inspected by the Sheriffs Department every six (6) months to ensure the continued maintenance of safe operating and satisfactory sanitary conditions. A decal showing the date of last inspection shall be affixed to the vehicle. Sec. 6-7-94. Rates. All rates charged for services shall be pursuant to contract between the business tax certificate holder and customer. No owner or driver of a pedicab shall charge a greater amount for the use of the pedicab than in accordance with the published and advertised rates which shall be displayed on each pedicab. Rates shall be displayed in such place as to be conspicuous and to be in clear view of all passengers. Sec. 6-7-95. Payment of fare. It shall be unlawful for any person to refuse to pay the legal fare of any pedicab controlled by this article after having hired the same, and it shall be unlawful for any person to hire any pedicab as herein defined and regulated with intent to defraud the person from whom he has hired the pedicab of the value of such service. Sec. 6-7-96. Limitation on number of passenl!ers. No pedicab driver shall permit more persons to be carried in a pedicab as passengers than the rated seating capacity of his pedicab as stated in the certificate for such vehicle issued by the license and inspection department. A child in arms shall not be counted as a passenger. Sec. 6-7-97. Ril!ht of suspension bv License & Inspection department~ revocation. The License & Inspection Department shall have the right to immediately suspend, for cause, any business tax certificate issued under this chapter whenever a person, firm or corporation . doing business shall deviate from the normal operation for which the business tax certificate was obtained or fails in performance to meet the required regulations and code as set forth by the License & Inspection Department, Sheriffs Department or Health Department: or violates any law or ordinance of the United States, the State of Georgia or Augusta-Richmond County, in pursuance of such business conducted under such business tax certificate; or when it shall be proven before the License & Inspection Department that there is a violation of a nuisance law; or when the health, morals, interests and convenience of the public demand the suspension of such business tax certificate. The License & Inspection Department shall report the suspension of such business tax certificate to the next regular or called meeting of the Commission, and shall provide the licensee with at least three (3) days' notice of said meeting, at which meeting the licensee may make such showing as he/she may deem proper. After a hearing, Commission shall continue the suspension, place the license on probation, permanently revoke the license, or restore the license such that it remains in full force. A license granted hereunder shall also be subiect to revocation for cause, either with or without a prior suspension of the license. Whenever, in the opinion of the License & Inspection Department, there is cause to revoke the license, a written notice of intention to revoke shall be furnished to the holder thereof three (3) days before a regular or called meeting of the Commission at which time the holder of the license may make such showing as he/she may deem proper. After a hearing, the Commission may revoke the license if, in its discretion, it is in the best interest, peace and good order of Augusta-Richmond County, or there has been any violation of the ordinances and Code of Augusta-Richmond County, Georgia, or the laws of the State of Georgia or the United States in the conduct of the place of business. Sec. 6-7-98. Driver's permit. (a) Required. No person shall operate a pedicab for hire upon the streets of Augusta-Richmond County, and no person who owns or controls a pedicab shall permit it to be operated, and no pedicab licensed by the Commission shall be so driven at any time for hire, unless the driver of such pedicab shall have first obtained and shall have then in force a pedicab driver's permit issued under the provisions of this article. (b) Application-form; verification; contents; photo~raph and ohvsician IS certificate required; application fee; minimum age of drivers. An application for a taxicab driver's permit shall be filed with the Sheriffs Department on forms provided by the Commission. Such application shall be verified under oath and shall contain the following: (1) The names and addresses of two (2) residents of Augusta-Richmond 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. (2) The experience of the applicant in the transportation of passengers. (3) The educational background of the applicant. (4) A concise history of his employment. (5) A picture of himself with his name, address, age (which shall not be less than eighteen (18) years), weight, height, sex, color of hair and eyes. Each application shall be accompanied by a certificate from a reputable physician of Augusta-Richmond County certifying that, in his opinion, the applicant is not afflicted with any disease or infirmity which might make him an unsafe or incapable of meeting the physical requirements to operate a pedicab. (c) Aoolication fee.At the time the application is filed the applicant shall pay to the Commission the sum five dollars ($5.00). The Commission may require additional periodic examinations in its discretion. Sec. 6-7-99. Same-Examination and investil!ation of applicant~ valid state motor vehicle operator's permit required. Each applicant for a pedicab driver's permit shall be required to pass a satisfactory examination as to his knowledge of Augusta-Richmond County and to show that he has a current motor vehicle operator's permit issued by the state. The Sheriffs Department shall investigate the reputation of the applicant as to sobriety, careful driving and knowledge of driving. A report of such investigation and a coPY of the applicant's traffic and police record, if any, shall be attached to the application. ", Sec. 6-7-100. Equipment. (a) Passen~er desi~n. Prior to receipt of a business tax certificate, each owner of a pedicab shall first establish for the inspector's approval that the vehicle was designed for passenger conveyance, at a minimum having seats and the means of safe ingress and egress into and from the vehicle. The inspector may make such additional requirements of vehicle design for particular vehicles as may be pertinent to the safe conveyance of the traveling public. (b) Functionin~ components. All weight bearing and moving components of pedicabs shall be fully functional at all times, without requiring the driver or passengers to hold or constrain any component of the vehicle or to position themselves in any special way during the course of the trip for the sake of safety or comfort. (c) Lights and reflectors. No vehicles without a motor shall operate except in broad daylight hours without being equipped with such lights and reflectors as the Sheriffs Department designee may require. The Sheriffs Department designee shall require such lights and reflectors as can reasonably be expected to be seen by pedestrians and drivers of vehicles using the public rights-of-way and other public property from a distance of 500 feet. In implementing this requirement, the inspector shall have the discretion to consider the tyPe, size, and shape of the vehicle as well as the anticipated or likely places of use for the vehicle. The Sheriffs Department designee shall have the further discretion to reconsider and revise the requirements for any previously approved lights and reflectors in view of actual practice. (d) Certificate of caoacitv Each vehicle without motor shall have displayed permanently a certificate showing the vehicle's maximum capacity, as determined by the inspector, of the total . . number of passengers or the total weight, or some combination of number of passengers and weight. No driver shall operate a vehicle in excess of the certificate's designated capacity. (e) Owner identification. Each pedicab shall have displayed prominently on the exterior of the vehicle in a manner satisfactory to the inspector a sign identifying the business entity owning the vehicle and a telephone number for contact. Sec. 6-7-101. Issuance~ contents~ term~ renewal~ display. Upon approval of an application for a pedicab driver's permit, the Sheriffs Department shall issue a permit to the applicant which shall bear the name, address, color, weight, height, age, color of hair and eyes, signature and photograph of the applicant. Such permit shall be in effect for the remainder of the calendar year. A permit for each calendar year thereafter shall be issued upon the payment of such fee as may be prescribed annually by the Commission and a doctor's certificate as to the health of the applicant, particularly with respect to his hearing, sight, heart and physical handicaps and communicable diseases, unless the permit for the preceding year has been revoked. Every driver licensed under this article shall post his driver's permit in such a place as to be in full view of all passengers while such driver is operating a pedicab. Sec. 6-7-102. Suspension and revocation. Should any driver of a taxicab be arrested and charged with a violation of any provision of this Code or other ordinance of Augusta-Richmond County, the Sheriffs Department may require such driver to cease operating or driving any taxicab in Augusta-Richmond County for a period not to exceed ten days. Should such driver be convicted of violating any of such provisions of this Code or other ordinances, the Sheriffs Department may revoke such driver's permit and require that such permit be deposited with the Sheriffs Department, which action, however, is subiect to appeal by the driver to the Commission. In addition, in the case of a conviction of a violation of any of such provisions of this Code or other Augusta-Richmond County ordinances, the Magistrate Court iudge may suspend such driver's permit for a period not to exceed thirty (30) days, and in aggravated cases, may revoke such driver's permit. Sec. 6-7-103. Appearance of driver. A pedicab driver shall maintain a clean, neat personal appearance at all times while under duty. The pedicab driver should wear an identification badge Sec. 6-7-104. Prohibited actions by driver. It shall be a violation of this article for any driver of a pedicab to solicit passengers in a loud tone of voice or annoying manner. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle for any purpose other than the transporting of passengers and their personal effects. The pedicab driver should not smoke, consume food or beverages while operating the pedicab. , . Sec. 6-7-105. Service required-Generally. All persons engaged in the pedicab business in Augusta-Richmond County operating under the provisions of this article shall render efficient service to the public. Holders of licenses hereunder shall maintain a central place of business. Sec. 6-7-106. Locations for routes, loadinl!, and unloadinl!. (a) The use of pedicabs is restricted to the Central Business District as defined in section 6-7- 85m of this Code. Sec. 6-7-107. Solicitation of passenl!ers-Rel!ulated-Generally. (a) No pedicab driver shall solicit passengers for a pedicab except when sitting in the driver's compartment of such pedicab or while standing immediately adiacent to the curb side thereof. The driver of any pedicab shall remain in the driver's compartment or immediately adiacent to his vehicle at all times when such vehicle is upon the public street; except that, when necessary, a driver may be absent from his pedicab for not more than fifteen (15) consecutive minutes; and, provided, further, that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle. (b) No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage. Sec. 6-7-108. Receivinl!, discharl!inl! passenl!ers. Drivers of pedicabs shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible, or, in the absence of a sidewalk, to the extreme right-hand side of the street and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right-hand or left-hand sidewalk or side of the street in the absence of a sidewalk. Pedicab drivers should advise passengers to enter and exit the vehicle with care and also require all passengers to remain seated at all times, except when loading and unloading. Sec. 6-7-109. Pedicab stands. (a) The Commission may establish assigned stands upon the streets in such places as in its discretion it deems proper. A licensee under the provisions of this article desiring to establish a stand shall make written application to the Commission. The applicant shall attach to such application the written approval of the abutting property owners of such space, consenting to the creation of such stand. Upon the filing of any such application, the Sheriffs Department shall Sec. 6-7-110. Records and Reports-Generally. . , make an investigation of the traffic conditions at such place and shall thereafter file its written recommendation to the Commission, which shall then either grant or refuse the application. When an assigned stand has been established as herein provided, it shall be used solely by the licensee to whom the same was granted and his agents and servants and no other licensee shall be permitted to use the same; provided, however, that no licensee shall obtain permits for more than one such stand within the downtown business area. (b) A licensee under the provisions of this article operating a call box stand as provided for in this section shall be allowed to have on duty at such stand a starter, or other employee, for the purpose of assisting in the loading or unloading of passengers from pedicabs and for soliciting passengers at such stand. 'The words at such stand shall mean that part of the sidewalk immediately adiacent to and of equal length with such call box stand. (c) If any such stands shall be marked by signs owned by the licensee, such signs shall be of such size and with such markings as the Sheriffs Department may require and shall be maintained by the licensee. Should the signs not be maintained properly, they may be removed summarily by the Sheriffs Department. (a) Every licensee under the provisions of this article shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures, and such other operating information as may be required by the License & Inspection Department. Every such licensee shall maintain the records containing such information and other data required by this article at a place readily accessible for examination by the Commission. (b) Every licensee hereunder shall submit reports of receipts, expenses and statistics of operation to the License & Inspection Department for each calendar year. ( c) It shall be mandatory for all holders of licenses under the provisions of this article to file with the License & Inspection Department copies of all contracts, agreements, arrangements, memoranda or other writings relating to the furnishing of pedicab service to any hotel, theater, hall, public resort, or other place of public gathering, whether such arrangement is made with such holder or any corporation, firm or association with which the holder may be interested or connected. Failure to file such copies within seven days shall be sufficient cause for the revocation of a license of any offending holder or the cancellation of any cab stand privileges. Sec. 6-7-111. Penalty for violation of article. All persons, firms or corporations failing to comply with the mandatory provisions of this article or doing any act prohibited in this article shall be guilty of an offense, and, upon trial as a misdemeanor and conviction, shall be punished as provided in section 1-6-1 of this Code.