Explanation
BACKGROUND: This ordinance enacts new City Code to establish licensing requirements and regulations for pedicabs operating as vehicles for hire in Columbus.
Since April 2012, the City has been working to comprehensively modernize the entire Vehicle for Hire code, Chapters 585-594, which currently regulates for-hire vehicles such as taxicabs, livery vehicles and horse carriages. Pedicabs are a new, growing form of for-hire transportation in Columbus and previously have not been regulated. In February 2013, the City began meeting with local pedicab owners to discuss creating a new Chapter of our City Code to regulate pedicabs. In the following months, City representatives met with pedicab owners to gain a better understanding of the daily operations of pedicab owners and drivers. The City worked with the pedicab industry to devise safe, fair and supportive regulations that are also consistent with the City's overarching requirements for the entire vehicle for hire industry.
The new Pedicab code establishes licensing requirements and vehicle standards, including turn signals, reflective signage, and a unibody frame to ensure the safety of passengers and drivers. It also establishes maximum fare rates. Additionally, pedicabs will be required to post a sign informing riders of the City's helmet laws as they apply to minors. Pedicabs will be incorporated into the Vehicle for Hire code and have representation on the Vehicle for Hire Board.
Pedicabs are an emerging industry in Columbus with a vested interest in ensuring that the public has a safe, successful experience that reflects well on the industry as a whole. This code will establish regulations that will provide legitimacy for the industry, better safety for pedicab riders and drivers, ensure consistent enforcement, and help this industry become yet another highlight for Columbus.
FISCAL IMPACT: None
Title
To amend Title 5 of the Columbus City Code by enacting new Chapter 592, entitled "Pedicabs," to establish licensing requirements and regulations for pedicabs.
Body
WHEREAS, there is a need to establish a Chapter in the Columbus City Code for the purpose of regulating pedicabs that operate as vehicles for hire in Columbus; and
WHEREAS, this ordinance provides consistent guidelines and a more level playing field for pedicabs; and
WHEREAS, this ordinance establishes licensing requirements, vehicle standards, and maximum fare rates; and
WHEREAS, taken together, these changes will increase public safety, ensure consistent enforcement, provide legitimacy to and promote the growth of a new industry, all of which encourage a vibrant community; and
WHEREAS, this ordinance establishes language and authorizes the enactment of Chapter 592 of the Columbus City Code for the above-described purpose; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Columbus City Code Chapter 592, entitled "Pedicabs," be and hereby is enacted as follows:
Chapter 592: Pedicabs
592.01 Regulation by the Vehicle for Hire Board
592.02 Allowing Operation of an Unlicensed Pedicab
592.03 Identification of Pedicabs
592.04 Fare Rates, Posting and Changes
592.05 Pedicab Standards and Safety Equipment
592.06 Protective Head Gear
592.07 Pedicab Operating Regulations
592.08 Loading Required
592.99 Penalties
592.01 Regulation by the Vehicle for Hire Board
The Board may adopt rules and regulations to supplement this chapter.
592.02 Allowing Operation of an Unlicensed Pedicab
No person shall solicit, drive, operate, or otherwise be in physical control of any pedicab for the purpose of carrying the public generally as passengers for hire, gift, donation, or other consideration unless:
(a) The owner of such pedicab has obtained a City of Columbus Vehicle for Hire Owner's License issued pursuant to Chapter 587 prior to operation and such license is not under suspension or revocation;
(b) Each driver of the licensed pedicab has obtained a City of Columbus Vehicle for Hire Driver's License issued pursuant to Chapter 589 prior to operation and such license is not under suspension or revocation;
(c) The driver identification card is properly displayed while the driver is operating, driving or otherwise in physical control of a licensed pedicab; and
(d) The current decal issued by the License Section is clearly displayed on the lower left side of the back of the pedicab.
592.03 Identification of Pedicabs
Every person owning or operating a licensed pedicab may adopt any business name, design, color scheme or method of painting or lettering that is approved by the Director. Every pedicab shall comply with the following requirements:
(a) The identification number assigned by the Director to each pedicab shall be painted on the rear of the pedicab in letters that are not less than two (2) inches and not more than six (6) inches in height, with each line a minimum of one-half (1/2) inch wide;
(b) The name of the owner, or the business name under which he or she does business, shall be painted on the rear of the pedicab. The letters shall not be less than two (2) inches and not more than six (6) inches in height, with each line a minimum of one-half (1/2) inch wide; and
(c) All mandatory lettering, identification numbers and wording shall contrast distinctly with the color of the body of the pedicab, be reflective, and applied with non-water soluble paint, decals or adhesive-backed lettering.
592.04 Fare Rates, Posting and Changes
Every pedicab owner shall maintain on file with the Director its complete schedule of rates. Whenever a new schedule of rates becomes effective for a pedicab, the company shall file an amended schedule with the Director within three (3) days of the change. No more than one amended schedule shall be filed by any owner within any period of seven (7) days. The rate schedule for each pedicab shall be posted where it is clearly visible to all passengers while seated in the pedicab.
592.05 Pedicab Standards and Safety Equipment
(a) All licensed pedicabs shall be reasonably clean and in safe condition so as to not cause personal injury or damage the clothing or possessions of the passenger(s). The pedicab exterior shall be clean and essentially free from cracks, breaks and major dents.
(b) All licensed pedicabs shall comply with the following construction and equipment specifications:
(1) Three or more wheels;
(2) A unibody frame for the entire pedicab;
(3) A maximum width of fifty-five (55) inches and a maximum length of eleven (11) feet;
(4) Hydraulic or mechanical disc brakes and a secondary or emergency brake system;
(5) Seating for no more passengers than the number of safety belts or the number of passengers that can securely fit under the safety belt;
(6) Battery or generator operated headlight that is capable of projecting a beam of light for a distance of three hundred (300) feet;
(7) A battery or generator operated taillight that is capable of projecting light visible from five hundred (500) feet;
(8) A battery or generator operated turn signals visible from the front and rear of the pedicab;
(9) An audible signaling device capable of giving a signal audible for a distance of at least one hundred (100) feet;
(10) Spoke reflectors on each wheel;
(11) A sign clearly posted on the interior and exterior of the pedicab indicating the fare rate to be charged for the use of the pedicab; and
(12) A "Slow Moving Vehicle" emblem attached on the rear of the pedicab.
592.06 Protective Helmet
Any person owning, operating, or in physical control of a pedicab is required to post on the exterior of the pedicab a sign stating that no parent or guardian shall authorize or knowingly permit a child under the age of eighteen (18) to ride in a pedicab without a protective helmet pursuant to C.C.C. 2173.02(b).
592.07 Pedicab Operating Regulations
(a) Every person owning, operating or in physical control of a pedicab shall be subject to all applicable laws, rules and regulations of Chapter 2173 of the Columbus City Code pertaining to bicycles and motorcycles, Chapters 587, 589 and 592 of the Columbus City Code pertaining to vehicles for hire and the City of Columbus and the State of Ohio traffic laws.
(b) All persons owning, operating or in physical control of a pedicab shall not:
(1) Impede or block the normal or reasonable movement of pedestrian or vehicular traffic in compliance with law;
(2) Wear earphones or headsets over the ears;
(3) Use a mobile/smart phone while a paying fare is in the pedicab; and
(4) Fail to clearly display his or her driver identification card.
592.08 Loading Required
Any person owning, operating, or in physical control of a pedicab must load and unload passengers from the curb side of the street.
592.99 Penalties
(a) Whoever violates Section 592.02 shall be guilty of misdemeanor of the first degree.
(b) A violation of any other section of Chapter 592 shall be grounds for the suspension, revocation or permanent revocation of the pedicab owner or driver license or in the case of a new application shall be grounds to refuse to issue such license for a determinate period of time up to ninety (90) days or permanently.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.