Sample City Ordinance

Posted: April 30, 2013 in The Party Bike

thepartybike.com

Oftentimes, a city will not have a specific ordinance allowing for Party Bikes. Here is a sample ordinance gleaned from various cities across the country. Of course this sample does not include everything that every city will want, but it will certainly get the conversation going with your local public officials.

1.01.  Definitions. As used in this chapter, the following terms shall mean:
Commercial pedal car: A pedal car is a non-motorized four (4) or more wheeled bicycle-like vehicle that is human powered that transports passengers on bicycle-like seats and is propelled by five or more passengers not including the operator. A pedal car may have a maximum length of twenty (20) feet, a maximum width of eight (8) feet six (6) inches and a maximum height of twelve (12) feet.
Commercial pedal car business: The business of operating one (1) or more commercial pedal car vehicle(s) for profit or not-for-profit.
Commercial pedal car driver: Any person who is responsible for the safe operation of a commercial pedal car, including but not limited to the steering and braking and maintaining compliance with all state and local traffic regulations.
Street: Any street or roadway under the jurisdiction of the city.
Vehicle means every device in, upon, or by which any person is or may be transported or drawn upon a highway or street.

1.02.  License fee.

(a) The annual fee for a commercial pedal car business license shall be as established in the License Fee Schedule, and based on the number of commercial pedal car(s) in operation on the streets at any time during the license year.

1.03. License application.

(a) Application for a license under this chapter shall be made on forms provided by the department of_______________ and shall contain any information the department may require, including the name, address and telephone number of the applicant; whether the applicant is a natural person, partnership, corporation or unincorporated association; the names and addresses of all partners, if a partnership, or of all officers and directors, if a corporation; and the names and addresses of all persons authorized to operate a commercial pedal car on behalf of the licensee.
(b) Every pedal car driver shall meet and maintain the following requirements:

(1) Possess a valid State of _________ driver license or a valid driver license from their home state. Those with out-of-state driver licenses must not have a currently cancelled, revoked or suspended State of _________ driver license.
(2) Be a minimum of eighteen (18) years old.
(3) Shall not have had more than three (3) moving violations in the last three (3) years and no more than two (2) moving violations in the last year.
(4) Shall not have been convicted of careless or reckless driving or any violation  of driving while impaired within the past three years.

1.04 Insurance required.

No license shall be issued or renewed without proof of general liability insurance in the minimum amount of two million dollars ($2,000,000.00).

1.05. Commercial pedal car inspections.

(a) Initial inspections.

All commercial pedal cars must pass an initial inspection of condition and compliance with safety and equipment standards under this chapter before a commercial pedal car license is issued.
(b) In-operation inspections.If an inspector finds a commercial pedal car in operation exhibiting continuing and present safety concerns, the commercial pedal car may be immediately ordered out of service until necessary repairs are made or the safety concerns are resolved. Qualifying safety concerns may include but are not limited to the loss of control of passengers or their failure to abide by applicable ordinances, laws or rules, flat tires, inoperable head lights or tail lights, or other mechanical or operational issues making the vehicle presently unsafe to operate.
1.06. Hours of operation. Hours of operation shall be from 10:00 a.m. to 10:00 pm.  Upon the approval of a written request made to the department of licenses and consumer services, the prohibitions of hours of operation may be waived for special events.
1.07 Vehicle operation. Every commercial pedal car shall be operated in compliance with all applicable federal, state and local traffic laws, and in a manner so as to assure the safety of persons and property.
1.08 Operating restrictions and conditions.
(a) No commercial pedal car driver shall consume any alcoholic beverages while on duty or operate a commercial pedal car while impaired in any manner to any threshold.
(b) All commercial pedal cars shall be clean and maintained in a good state of repair. All commercial pedal cars shall be maintained by the commercial pedal car business so as to be well painted and have an appearance free of damage or deterioration, and a safe operational condition. Commercial pedal cars shall be, at all reasonable times, subject to inspection by the department or the police department.
(c) All commercial pedal cars shall have the trade name and phone number of the licensee conspicuously displayed on the pedal car.
(d) All commercial pedal car passengers consuming alcohol shall be of legal age.
(e) Commercial pedal car drivers shall have in their possession proof of insurance, valid state driver’s license and shall operate the pedal car in compliance with all applicable federal, state, and local traffic laws, ordinances, or other applicable regulations and in a manner so as to assure the safety of persons and property. These documents shall be made available upon request of law enforcement, an authorized city license inspector or traffic control agent.
(f) All commercial pedal car drivers shall obey and comply with any lawful order or direction of any police officer, traffic control agent, or license inspector, and shall refrain from the use of any profane language or from interference with such officials while in the performance of their duties.
(g) No commercial pedal car driver shall permit more passengers to be carried in a commercial pedal car than the commercial pedal car’s normal seating capacity and no more than two (2) persons in addition to the driver may be in the center aisle while vehicle is in motion.
(h) No commercial pedal car driver shall allow a passenger or other individuals to drive their commercial pedal car.
(i) No glassware of any kind shall be allowed on a commercial pedal car including but not limited to bottles, receptacles or drinking glasses.
(j) No music or amplified sound shall be played, nor yelling or conversation be conducted, in such a manner that the sound of which carries to points of habitation or adjacent properties and is audible above the level of conversational speech at a distance of fifty (50) feet or more from the point of origin of the sound.
(k) No alcoholic beverages other than beer, wine, hard cider, or malt-based beverages may be consumed by passengers of a commercial pedal car.
(l) It is the responsibility of the commercial pedal car driver to properly dispose of all trash.
(m)  No commercial pedal car driver shall load or unload in any such manner that will in any way impede or interfere with the orderly flow of traffic on the streets.
(n) It is the responsibility of the commercial pedal car driver to actively and affirmatively manage the behavior of the passengers of the commercial pedal car so that that their behavior remains law-abiding during the excursion, both while the pedal car is in motion and at a stop. Behavior which shall be prohibited and prevented includes specifically, but is not limited to, indecent exposure, disorderly conduct, public urination and littering.

1.9 Vehicle safety and equipment standards.

(a)The commercial pedal car meets the following equipment and safety standards:

(1) Tires. Tires shall be of a size appropriate for the commercial pedal car with no mismatched tires per the design of the vehicle. There shall be no cuts to the tire, localized worn spots that expose the ply, or visible tread wear indicators.
(2) Operational horn. The commercial pedal car shall be equipped with a fully operational horn or bell.
(3) Brakes. It shall be unlawful to operate, or cause to be operated, a commercial pedal car that is not equipped with a front and rear braking system capable of being manipulated by the driver from driver’s normal position of operation and capable of causing a commercial pedal car with a loaded passenger compartment to come to a complete stop in a linear path of motion when each wheel of the commercial
pedal car is in contact with the ground on dry, level, clean pavement. The braking system controlling the rear wheels shall be hydraulic or mechanical disc or drum brakes, which are unaffected by rain or wet conditions.
(4) Headlight. A headlight capable of projecting a beam of white light for a distance at a minimum of three hundred (300) feet which shall be clearly visible during darkness and must be illuminated at all times during darkness.
(5) Rear View Mirror. A side mounted mirror or a wide-angle rear view mirror affixed to the pedal car to reflect to the pedal car driver a view of the street for a distance of at least two hundred (200) feet from the rear of the pedal car.
(6) Brake Light. A red brake light affixed to the rear of the pedal car which must be visible for a distance of at least two hundred (200) feet from the rear of the pedal car.
(6) Running Light. A red light affixed to the rear of the pedal car which must be visible for a distance of at least two hundred (200) feet from the rear of the pedal car and must be illuminated at all times during darkness.
(6) Turn Signals. Turn signals must be affixed to the front and rear of the vehicle.

1.10. Revocation or suspension. In addition to all other penalties, any violation of the terms of this chapter shall be grounds for revocation, suspension, or non-renewal of the license provided for in this chapter.

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