SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080215

 

Amending Chapter 76, Code of Ordinances, by repealing Sections 76-32, Definitions, 76-33, Applicability of article generally, 76-39, Appointment of investigators, 76-40, Duties of investigators, 76-45, Penalty for violation of article, 76-76, Contents of application, 76-79, Duty of permit holder to enforce compliance by drivers, 76-101, Required, 76-102, Application, 76-104, Investigation and fingerprinting, 76-105, Fee, 76-106, Granting or denial; appeals, 76-110, Certificate, 76-141, Generally, 76-161, Required, and 76-162, Amount; conditions, and enacting in lieu thereof new sections of like number and subject matter which allows for the operation of pedicabs in the City of Kansas City, Missouri by updating several sections in Chapter 76 and creating a new division specifically for the regulation of pedicabs; and declaring an emergency.

 

WHEREAS, this ordinance is declaring an emergency within the provisions of Section 503(a)(2) of the City Charter, the Council hereby finds that the lack of transportation for traveling short distances within the City, and particularly within these areas of the City with concentrations of hotels, restaurants, bars and taverns and entertainment venues, presents health and safety risks to certain citizens who need, but cannot find transportation over short distances in the City's urban areas; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 76 is hereby amended by repealing sections 76-32, Definitions, 76-33, Applicability of article generally, 76-39, Appointment of investigators, 76-40, Duties of investigators, 76-45, Penalty for violation of article, 76-76, Contents of application, 76-79, Duty of permit holder to enforce compliance by drivers, 76-101, Required, 76-102, Application, 76-104, Investigation and fingerprinting, 76-105, Fee, 76-106, Granting or denial; appeals, 76-110, Certificate, 76-141, Generally, 76-161, Required, and 76-162, Amount; conditions, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 76-32. Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Bicycle means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears, and may include an electric assist motor, and has wheels at least 16 inches in diameter and a frame size of at least 13 inches.

 

Cruising means a method of soliciting passengers for hire by continuous or repeated operation of any taxicab or other vehicle along a street or other public way for the purpose of obtaining or picking up passengers. 

 

Darkness means any time from one-half hour after sunset to one-half hour before sunrise and any time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1000 feet.

 

Department means the neighborhood and community services department of the city. 

 

Director means the director of neighborhood and community services or an authorized representative. 

 

Driver's certificate means evidence of authorization to operate vehicles in the services authorized under this article. 

 

Group riding means an arrangement between individuals whereby they pool their private transportation resources, either by using the personal automobile of one member of the group with the others contributing to the cost of operating such automobile, or by rotating the use of their personal automobiles with joint contributions to the cost by the other members of the group, or when any employer provides transportation for his employees, and for none other, for a charge. The term "group riding" shall not be deemed to include the operation of a taxicab, jitney or other vehicles for hire, or the commercial transportation of persons by public or private conveyances, whether on regular routes or special trips, between different localities or otherwise; and all such taxicab, jitney or other commercial operations shall continue to be subject to the existing ordinances applicable thereto. 

 

Jitney means any automobile, motor bus or other self-propelled or human propelled vehicle not regulated by any local, state or federal authority which is run, driven or operated upon or along any street, between definite or substantially fixed points or terminals or along a definite or substantially fixed route, whether entirely within the city or partly within and partly without the city, and carrying passengers for compensation, or furnishing passengers transportation for compensation upon or along the streets, from, to and between definite or substantially fixed localities or districts, whether such compensation is payable per trip, weekly, periodically or otherwise, directly or indirectly. 

 

Judgment means a final judgment by a court of competent jurisdiction of any state or of the United States, upon a claim for relief for damages, including damages for care and loss of services because of bodily injury to or death of any persons, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a claim for relief on any agreement or settlement for such damages arising out of the ownership, maintenance or use of any and all motor vehicles operated pursuant to the taxicab permit issued by the city. 

 

Livery vehicle means a public six-passenger or less motor vehicle with driver included, for hire only by written agreement for exclusive use at a charge fixed in advance. 

 

Motor bus means a motor vehicle designed and constructed for the general transportation of passengers for hire and possessing a manufacturer's rated seating capacity for ten or more passengers. 

 

Pedicab means a bicycle which is made of a solid frame that has three or more wheels, that transports or is capable of transporting, passengers on seats attached to the bicycle, that is operated by an individual, and that is used for transporting passengers for hire.

 

Person means an individual, firm, corporation, association, partnership, or cooperative unless the context requires a contrary interpretation. 

 

Permit means an official document issued by the neighborhood and community services department authorizing operation of a licensed taxicab, livery vehicle, sightseeing vehicle or pedicab on the streets of the city. 

 

Permit holder means the person to whom a permit has been issued. 

 

Public way means any street and any public or private driveway or parking area open to the public. 

 

Radio dispatch means a two-way radio system including cellular or wireless telephones capable of handling voice and/or data communications for the purpose of dispatching vehicles and receiving calls from the drivers of such vehicles. 

 

Rate card means a card issued by the director for display in each taxicab, which contains the rate of fare then in force. 

 

Shared ride means a nonexclusive use of a taxicab by two or more unrelated passengers having either a common point of origin or a common destination point, but traveling in the same general direction. 

 

Sightseeing vehicle means a public passenger vehicle with driver furnished, for hire on regularly routed sightseeing tours, at a charge or fare per passenger or per hour fixed by agreement in advance, provided further that such sightseeing vehicles are: 

 

(1)    Not to be used for point-to-point transportation of passengers or goods;

 

(2)    To be returned to a regular place of garage or point of origin of the regularly scheduled tour between hires; and

 

(3)    Not to cruise in search of patronage.

 

Taxicab means a public passenger motor vehicle with a passenger carrying capacity of six or less with driver, furnished for hire on a call or demand basis to transport persons, packages or messages, where the route traveled and trip destination are controlled by the passenger, and at a charge or fare based upon time and mileage and recorded and indicated on a taximeter. 

 

Taxicab company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a taxicab service utilizing taxicab permits of which it is the holder. 

 

Taximeter means a meter instrument or device attached to a taxicab, which measures the distance driven and the waiting time upon which the fare is based. 

 

Taxicab stand means a place designated only for taxicabs to await passenger pick-up where the drive must remain with the vehicle at all times 

 

Taxicab/livery zone means a place designated only for taxicabs to await passenger pick-up or to receive calls for service. 

 

Vehicle means any taxicab, livery vehicle, sightseeing vehicle and pedicab as used in this section.

 

Sec. 76-33. Applicability of article generally.

 

Unless specifically indicated otherwise, the provisions of this article shall apply to all taxicabs and other vehicles of every kind, character and description which are being used as taxicabs, cabs, for-hire cars, livery vehicles, sightseeing vehicles or pedicabs and engaged as such in the carriage of passengers for hire on the streets of the city.

Sec. 76-39. Appointment of investigators.

 

The director is hereby authorized and empowered to appoint investigators. The appointed investigators shall, under the direction and supervision of the director, exercise the power and duty of enforcing this code.

 

Sec. 76-40. Duties of investigators.

 

It shall be the duty of the investigators to inspect all taxicabs, livery vehicles, sightseeing vehicles and pedicabs licensed by the city at least two times per year to determine whether such vehicles are being maintained at all times in a clean and serviceable condition and in adequate repair, whether all such vehicles are equipped with brakes capable of stopping and holding the vehicle under all reasonable conditions, whether the doors and lights as required in this code are maintained as required, whether all permits and licenses required by law to be borne by and paid on such vehicles have been issued and paid, and generally to do all things necessary to enforce all of the requirements and provisions of this code. A copy of the most current inspection report shall be kept in the vehicle. The inspection fee shall be $22.00 for each vehicle presented for each inspection.

 

Sec. 76-45. Penalty for violation of article.

 

Every person, including a permit holder or an employee or an agent of a permit holder, and every driver of a taxicab, livery vehicle, sightseeing vehicle or pedicab, who violates any of the provisions of this code, or who neglects or fails to comply with such provisions, shall be deemed guilty of an ordinance violation, and except in cases where another penalty has been fixed and prescribed shall, upon conviction, be fined not less than $25.00 and not more than $500.00 for each offense.

 

DIVISION 2. PERMIT

Sec. 76-76. Contents of application.

 

Any person desiring to operate taxicabs, livery vehicles, sightseeing vehicles or pedicabs in the city shall make written application for such permits or the renewal thereof to the director, which application shall be verified under oath and shall set forth the following:

 

(1)    A full identification of the applicant and all persons interested in the permit, if granted, including the residence, business and email address of the applicant, and of all members of any firm, association or partnership, and of all principal shareholders, officers, directors and managers of any corporation applying;

 

(2)    Whether or not the applicant, or any person listed in subsection (1) of this section, has been convicted of the violation of any federal or state felony or, within the previous 12 months, has been convicted of violating any provision of this code or has ever had a certificate or permit issued under this article revoked or suspended;

 

(3)    Whether or not the applicant, or any person listed in subsection (1) of this section, has unpaid claims or unsatisfied judgments against him or it for damages resulting from the negligent operation of a vehicle;

 

(4)    The past experience, if any, that the applicant has had in rendering such licensed service in the city, and the period of time that the applicant has rendered such service;

 

(5)    Whether or not any such permit issued to the applicant by any other city has been revoked, and, if so, the circumstances of such revocation;

 

(6)    The number of vehicles proposed to be operated and a complete identification of each, and a description of the proposed operations, including a schedule of proposed fares for livery, sightseeing or pedicab operation;

 

(7)    If the application is for a taxicab permit, the arrangements to comply with the requirements of section 76-191(b) whereby the public will be able to secure transportation in the applicant's taxicabs and whereby such taxicabs will be dispatched;

 

(8)    If the application is for a taxicab permit, the color scheme, name and characteristic insignia to be used to designate the taxicabs of the applicant as approved by the director;

 

(9)    Such evidence and information of any kind tending to demonstrate that the permit being sought will be utilized in the applicant's business conducted in accordance with the provisions of this code; and

 

(10)    Such further information as the director may reasonably require.

 

Sec. 76-79. Duty of permit holder to enforce compliance by drivers.

 

(a)   Each permit holder under this article shall establish policy and take action to discourage, prevent or correct violations of this code by taxicab, livery vehicle, sightseeing vehicle and pedicab owners and drivers who are employed by or contracting with such permit holder.

 

(b)   No permit holder under this article will allow a driver who is employed by or contracting with such permit holder to drive a taxicab, livery vehicle, sightseeing vehicle or pedicab if the holder knows or has reasonable cause to know that the driver has failed to comply with this code, the rules and regulations established by the director or other applicable law.

 

(c)   Each permit holder shall insure that all trip sheets received from each taxicab driver are maintained in accordance with section 76-208;

 

(d)   Each permit holder shall insure that no taxicab, livery vehicle, sightseeing vehicle or pedicab vehicle is operated in unsafe mechanical condition, or with major body damage, or in any event after being ordered out of service by an investigator;

 

(e)   Each taxicab permit holder will be responsible to provide overall taxicab service to the public.

 

(f)   Each taxicab permit holder will institute policies and procedures requiring all drivers to respond to radio dispatch calls;

 

(g)   If a request for service has not been answered within 15 minutes, the permit holder dispatcher shall order a taxicab to respond to the request immediately, except when weather or other causes outside the control of the permit holder prevent the 15-minute response;

 

(h)   Each permit holder will promptly respond to all complaints by passengers, and other members of the public.

 

(i)   Each permit holder will promptly respond to all requests for information from the director.

 

(j)   Before a permit holder shall employ or contract with a person to operate a taxicab or other vehicle regulated under this code, the permit holder shall require that person to furnish to the permit holder, in writing, not less than the following information:

 

(1)    Date of application; full name and all previous names; all addresses where the applicant has permanently or temporarily resided for the previous five years; social security number; telephone number; gender; age; weight; height; hair color; eye color; date of birth; place of birth; whether the applicant is a citizen of the United States; date of last physical examination; the names of all other employers; whether the applicant has previously applied for a driver's certificate; whether the applicant has ever had a certificate issued by the city, any state, county or other local government suspended or revoked and the reasons therefore; Missouri chauffeur's license number or Kansas A, B or C driver's license number, whether the applicant has ever been a member of a military organization of the United States or any state military, the name of the branch of military service, the date and type of discharge.

 

(2)    A list of all traffic violations in any state for the previous five years; whether the applicant has ever been sentenced to a penal institution; whether the applicant is currently under probation or parole and if so the expiration date; whether the applicant has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) that involves any alcohol or drug offense; whether the applicant has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) while driving any vehicle, including a taxicab or any other vehicle defined under the taxicab code.

 

(3)    Whether the applicant has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) murder, arson, assault, forcible rape, forcible sodomy, kidnapping, robbery, voluntary manslaughter, assault of a law enforcement officer, sexual offenses (including child molestation, sexual misconduct, and sexual abuse), possession of controlled substances or illegal drugs or narcotics, burglary, stealing, extortion, bribery, prostitution, weapons offense, crime of violence, indecent exposure, violations of state or city traffic laws and regulations involving injury or death, leaving the scene of a motor vehicle accident, driving under the influence of alcohol or drugs, and operating a motor vehicle with defective equipment.

 

(4)    Whether the applicant is now or has ever been registered as a sexual offender with any state, county or local government.

 

DIVISION 3. DRIVERS' CERTIFICATES

Sec. 76-101. Required.

 

No person shall drive a taxicab, livery vehicle sightseeing vehicle or pedicab upon the streets of the city, and no person who owns or controls such vehicle shall give permission for it to be so driven, and no vehicle authorized by the city under this article shall be so driven at any time for hire, unless the driver of the vehicle shall have then in force a driver's certificate issued under the provisions of this code.

 

Sec. 76-102. Application.

 

(a)   Filing.  Every person desiring to drive a taxicab, livery vehicle sightseeing vehicle or pedicab on the streets of the city shall file with the director a written application, in duplicate, for a driver's certificate. 

 

(b)   Application form.  The application for a driver's certificate shall be made upon a printed form to be provided by the director and shall request not less than the information specified in section 76-79(j) and such other information as may be deemed proper by the director. 

 

(c)   Documents submitted with application form.  No application for a driver's certificate shall be complete unless the applicant submits a copy of the applicant's current criminal record with the application, for all states where the applicant has permanently or temporarily resided during the previous five years. No application for a driver's certificate to drive horse-drawn sightseeing vehicles shall be complete unless the applicant submits a Permit holder's written certification that the applicant is qualified and able to safely drive horse-drawn vehicles under urban street traffic conditions. 

 

(d)   Testing.  Each new applicant must pass the written and oral examination administered by the director. 

 

Sec. 76-104. Investigation.

 

After a complete and fully executed application for a driver's certificate has been filed with the director, the director shall cause the application to be investigated. The director's request for the criminal background investigation shall include a review of all criminal records available including federal, all states, and the records of all counties in the State of Missouri, and in particular records regarding the registration of persons who have been found guilty of, pleaded guilty to or been convicted of sexual offenses.

 

Sec. 76-105. Fee.

 

The driver's certificate provided for in this division shall not be issued or renewed until the fee for such certificate shall have been paid. A non-refundable application fee as determined by the Director will be assessed to the applicant to defray the cost of investigation and the application process.

 

Sec. 76-106. Granting or denial; appeals.

 

(a)   After completing the examination and investigation, the director shall determine whether a driver's certificate shall be granted to the applicant. Such certificate shall bear the genuine signature of the applicant.

 

(b)   The director's grant or denial of an application for a driver's certificate or the renewal thereof shall be based on information provided in the application as well as any report submitted by an investigator, the police department or from the results of the background investigation. In addition to the qualifications set forth in section 76-103 for new applicants, the director shall consider any cause that may exist for suspension or revocation under section 76-141 in his determination on the renewal of a driver's certificate. Within ten days after issuance of notice by the director of his intention to deny such application, the applicant may submit a written request for a hearing, which shall be held in accordance with section 76-77. Appeal of the director's decision following a hearing shall be effected pursuant to section 76-78.

 

Sec. 76-110. Certificate.

 

An appropriate certificate shall be furnished to each driver by the director, showing his certificate number and the year for which the certificate is issued. Every taxicab and pedicab driver, while on duty as such, shall continuously wear such certificate on the outside of his shirt or coat in such manner as to make such certificate easily seen.

DIVISION 4. SUSPENSION AND REVOCATION OF

PERMITS AND CERTIFICATES

 

Sec. 76-141. Generally.

 

(a)   Suspension.  If the director holds a hearing in accordance with section 76-142 and finds that: 

 

(1)    A permit holder or the holder of a driver's certificate issued under this article has violated any provision of this code or any regulation properly issued by the director of this code;

 

(2)    A permit holder under this article has failed to satisfy, within 30 days, any final judgment upon which execution has been lawfully issued against such person for damages on account of bodily injury, including death, or damage to property resulting from the ownership, maintenance, use or operation of any vehicle licensed pursuant to section 40-291;

 

(3)    A permit holder under this article has employed or permitted an agent or employee to hire or employ or contract with, as a taxicab, livery, sightseeing or pedicab vehicle driver any person not holding a valid driver's certificate issued under the provisions of this code, and has permitted such person to operate a taxicab for hire or a livery, sightseeing or pedicab vehicle upon the streets of the city;

 

(4)    Someone other than the holder thereof has made use of a permit or certificate granted pursuant to the provisions of this code, except for operation under a valid taxicab lease;

 

(5)    The holder of a driver's certificate issued under this article has been convicted of violation of any municipal ordinance or state law prohibiting hit and run, driving under the influence of alcoholic beverages or drugs or reckless or careless driving, or of any offense whereby his or her acts or omissions caused bodily injury to his or her passengers or the public in the operation of a vehicle pursuant to this code; or

 

(6)    The holder of a driver's certificate issued under this article has knowingly charged, for services provided in accordance with this taxicab code, a fare or charge in excess of that authorized in this article; then the director may suspend the certificate or permits issued under this article for a period not to exceed 90 days.

 

(b)   Revocation.   

 

(1)    The director may revoke any or all permits or the certificate of the permit or certificate holder if, following a hearing held in accordance with section 76-142, he finds that:

 

a.    A permit holder or the holder of a driver's certificate issued under this article has committed three or more acts constituting grounds for suspension in accordance with subsections (a)(1) through (4) or (6) of this section within a 12-month period or has operated or allowed another to operate under his or her suspended permit or certificate;

 

b.    A driver's certificate or one or more permits issued there under were obtained by misrepresentation or fraud, including knowingly providing false information concerning matters covered in section 76-76(2), (3), (4) and (5) on the application therefor; or

 

c.    The holder of a driver's certificate issued under this article has been convicted of committing a felony or any crime against a passenger of a vehicle operated pursuant to this code, any crime involving moral turpitude, hit and run, driving under the influence of alcoholic beverages or drugs or reckless or careless driving.

 

(2)    Following a hearing held in accordance with section 76-142, the director may revoke any permit under which a permit holder has discontinued his operations unless such permit holder has surrendered the permit within ten days after such discontinuance.

 

(c)   Issuance of new permits after suspension or revocation.  No new permits will be issued to a permit holder while any of his permits are under suspension. No new permits will be issued to a permit holder for a 12-month period following revocation of one or more of his permits. 

DIVISION 5. INSURANCE

Sec. 76-161. Required.

 

It shall be unlawful to operate a taxicab, livery vehicle, sightseeing vehicle or pedicab, as defined in this code, or permit such vehicle to be operated, nor shall any permit be issued under this article, unless and until the applicant for such permit, in addition to all other requirements set forth in this code, shall file and maintain with the director, for each vehicle to be operated, a policy of liability insurance in accordance with this division.

 

Sec. 76-162. Amount; conditions.

 

(a)   The permit holder or applicant for permits under this article shall maintain liability insurance with liability limits of at least $25,000.00 for injury to, or death of, one person, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $50,000.00 for injury to, or death of, more than one person, resulting from a single accident, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $10,000.00 for damage to property, including baggage or other property of a passenger carried in or on the vehicle, resulting from any single accident, by reason of the carelessness or negligence of the driver or operator of such vehicle, with a deductible, if any, not to exceed $500.00 and $25,000.00 for uninsured motorist coverage for passengers as that coverage is defined in Section 379.203, RSMo. All claims shall be referred to the insurance company for handling by a claims representative located in the Kansas City metropolitan area.

 

(b)   All insurance coverage must be written by companies that have A.M. Best's rating of B+V or better, and are licensed or approved by the state to do business in the state. The liability insurance required to be maintained under the provisions of this section shall be a policy under which the insurance company obligates itself to handle claims under the coverage thereof and to indemnify the permit holder and the driver or operator of the vehicle, and pay to the claimant all amounts which the insured becomes legally obligated to pay under the policy, in excess of any applicable deductible. A certificate of insurance reflecting all endorsements shall be filed with the director, who shall have the authority to require a true copy of the insurance policy at his discretion.

 

(c)   The liability insurance policy shall contain a provision for continuing liability there under to the full amount thereof, notwithstanding any recovery thereon.

 

(d)   The liability insurance policy shall contain a separate endorsement requiring the insurance company to notify the director in writing of any change in coverage, or cancellation of the policy, at least ten days prior thereto.

 

(e) A valid certificate of insurance issued by a company providing the required insurance policy shall be available for inspection at the permit holders principal place of business. The certificate shall include all of the following:

 

(1) the full name of the insurer;

 

(2) the name and address of the insured;

 

(3) the insurance policy number;

 

(4) the type and limits of coverage;

 

(5) the specific vehicles insured;

 

(6) the effective dates of the insurance policy; and

 

(7)               the certificate issue date.

 

Secs. 76-247 76-259. Reserved.

 

DIVISION 8. OPERATION OF PEDICABS

 

Sec. 76-260. Permit required to operate pedicab.

 

No person shall operate any pedicab without a valid city pedicab permit issued for the pedicab and displayed in a manner prescribed by the director, in every pedicab being operated on the streets of the city pursuant to the authority of this code.

 

Sec. 76-261. City ownership of permits.

 

Permits shall be issued for a period up to one calendar year and are subject to the annual renewal provision contained in section 76-262. Such permits shall remain the title and property of the city. Permits may only be transferred from person to person if an application is filed and approved by the director and all other provisions of this code are satisfied. Permit holders in good standing shall have leave to operate a pedicab during the annual permit period in compliance with the provisions of this article.

 

Sec. 76-262. Duration; renewal.

 

Permits for the operation of pedicabs shall be annual permits which expire on April 30 of each year. Permits in good standing on the date of their expiration shall be eligible for renewal. All vehicles for which new or renewed permits are sought must be inspected within the preceding 90 days and found to be in compliance with the requirements of this code before the issuance or renewal of such permits.

 

Sec. 76-263. Fees.

 

No permit holder shall operate any pedicab upon the streets of the city until there has been paid an annual permit fee of $100.00 for each pedicab and the occupation license fee for such privilege in the amount set forth in section 40-156. A permit replacement fee of $8.00 shall be paid for each replacement permit.

 

Sec. 76-264. Soliciting passengers.

 

No owner, driver or any other person shall solicit the patronage of persons in the city, or lay hands upon the person or baggage of any person without the express consent of that person, or obstruct the movement of any persons, or follow any person for the purpose of soliciting business. Nothing contained in this section shall be construed to prohibit or interfere with response to any call for a pedicab made by a signal from a pedestrian.

 

Sec. 76-265. Driver's conduct.

 

It shall be a violation of this code for any driver to engage in selling intoxicating liquor or solicit or participate in any immoral purpose or illegal act or use the vehicle for any purpose other than the transporting of passengers. A driver shall at all times be courteous when dealing with the public. Every driver shall operate his or her pedicab in accordance with all applicable laws of the state and the city, and with due regard for the safety, convenience and comfort of passengers and the general public.

 

Sec. 76-266. Prohibited acts.

 

No driver shall:

 

(1)    Operate a pedicab in violation of state or local traffic regulations, or in any event without proper regard for the traffic, surface, and width of the street and the hazards at intersections and any other conditions then existing, nor in such a manner or condition as to endanger or to be likely to endanger the safety of passengers, pedestrians, vehicles or the persons and property of others;

 

(2)    Threaten, abuse, insult, provoke, interfere with, impede or obstruct any other licensed driver, any passenger, prospective passenger or any other person in connection with operations under this chapter;

 

(3)    Provide any payment to any doorman, bellhop, taxicab starter, bartender or any other person within the city in return for the referral of passengers;

 

(4)    Refuse to obey or to comply with any lawful order or direction of any police officer, traffic-control officer, meter monitor or duly appointed inspector of the department, or use profane language or otherwise interfere with such officials while in the performance of their duties;

 

(5)    Deceive any person as to destination, route, authorized taxicab rates, or fare;

 

(6)    Overcharge;

 

(7)    Take a circuitous route to a destination, or any route other than the most direct route, without the express consent of the passenger;

 

(8)    Drop a passenger at a location other than the location requested;

 

(9)    Refuse to convey an orderly passenger;

 

(10)    Fail to provide a receipt upon request;

 

(11)    Engage in, or permit the use of a pedicab for trafficking in alcoholic beverages or controlled substances;

 

(12)    Be in possession of or consume any alcoholic beverage or controlled substance while on duty; consume any alcoholic beverage or controlled substance within four hours before beginning a shift;

 

(13)           Allow more passengers to occupy the vehicle than is provided for by its normal seating capacity.

 

(14)           Operate a pedicab in the area bound by W. 47th Street on the north, eastbound Ward Parkway on the south. J.C. Nichols Parkway on the east, and Roanoke Road on the west which is commonly known as the Country Club Plaza.

 

Sec. 76-267. Vehicle safety & mechanical condition.

 

Pedicabs shall be equipped with all of the following in operational and good mechanical condition: Tires; Brakes; Horn; Headlights; Taillights; Mirror; Turn Signals; Pedal reflectors; Spoke reflectors; Wheel reflectors; Slow moving triangle or reflective tape outlining the rear of the vehicle; Company Name; and Only one trailer or sidecar.

 

Sec. 76-268. Equipment regulations for pedicabs.

 

(a) It is unlawful for any person to operate, or cause to be operated, a pedicab during the hours of darkness, without using a headlight capable of projecting a beam of white light for a distance of 300 feet.

 

(b) It is unlawful for any person to operate, or cause to be operated, a pedicab during the hours of darkness, without using battery-operated taillights mounted on the right and left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab.

 

(c) It is unlawful for any person to operate, or cause to be operated, a pedicab without a seatbelt or seatbelts for passengers.

 

(d) It is unlawful for any person to operate or cause to be operated a pedicab that does not display the unique, nontransferable pedicab identification number issued by the Director in a location that meets the location requirements promulgated by the Director.

 

(e) It is unlawful for any person to operate, or cause to be operated, a pedicab, which has more than one attached trailer or sidecar.

 

Sec. 76-269. Designation of pedicabs.

 

Each pedicab shall bear on the outside of each side of the trailer or sidecar, in letters not less than one inch in height, the name of the company or association under which the pedicab is being operated, the company or association fleet number and the business telephone number of the company or association. Any other name, legend or design proposed for use on the pedicab shall be submitted to, and approved by, the director before being so used. Pedicabs owned by a person or company other than the holder of the permits under which such pedicabs operate must be designated by the identifying color scheme, legend or design approved by the director for the holder of the permits. The pedicab owner must notify the director of any change of company or association affiliation at the time of such change.

 

Sec. 76-270. Fare schedule.

 

(a) Permit holders shall post a fare schedule on the pedicab that meets the size, format and location requirements promulgated by the Director. This fare schedule shall be clearly visible to the public at all times

 

(b) It is unlawful for any permit holder to demand from a passenger a fare greater than the fare contained in the posted fare schedule.

 

Sec. 76-271. Receipts for fares.

 

Every driver, when requested by a paying passenger, shall give a receipt showing the driver's name, the name of the pedicab company, the permit number and the date and the amount of the fare.

 

Sec. 76-272. Minimum age for pedicab operators.

 

It is unlawful for any person under the age of 18 to operate a pedicab.

 

Sec. 76-273. Vehicles other than pedicabs not to bear pedicab designation.

 

(a)   It shall be unlawful for any vehicle, other than one operating pursuant to a pedicab permit, to display any sign, banner, label or other designation indicating or suggesting that such vehicle is a pedicab.

 

(b)   When any vehicle that has been operated as a pedicab is retired or removed from pedicab service, it shall be the duty of the person holding the permit under which such vehicle operated as a pedicab to immediately remove or otherwise completely obliterate all indications that such vehicle is or has been a pedicab.

 

Section 2. That this ordinance is declared as an emergency measure within the provisions of Section 503(a)(2) of the City Charter in that it will immediately preserve the health and safety of individuals in need of transportation over short distances not otherwise available to them.

 

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Approved as to form and legality:

 

 

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Kathy Adams

Assistant City Attorney