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Legislation #: 151061 Introduction Date: 12/17/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 76, Code of Ordinances, by adding back in Division 8, Operation of Pedicabs that was previously and inadvertently omitted.

Legislation History
DateMinutesDescription
12/15/2015 Filed by the Clerk's office
12/17/2015 Referred to Transportation & Infrastructure Committee
1/14/2016 Do Pass
1/14/2016 Assigned to Third Read Calendar
1/21/2016 Passed

View Attachments
FileTypeSizeDescription
151061.pdf Authenticated 264K 151061
151061 Fact Sheet.pdf Fact Sheet 85K 151061 Fact Sheet

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ORDINANCE NO. 151061

 

Amending Chapter 76, Code of Ordinances, by adding back in Division 8, Operation of Pedicabs that was previously and inadvertently omitted.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 76, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by adding Division 8, Operation of Pedicabs, to read as follows:

 

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.

 

(a) No driver shall 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;

 

(b) No driver shall 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;

 

(c) No driver shall provide any payment to any doorman, bellhop, taxicab starter, bartender or any other person within the city in return for the referral of passengers;

 

(d) No driver shall 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;

 

(e) No driver shall deceive any person as to destination, route, authorized taxicab rates, or fare;

 

(f) No driver shall overcharge any passenger for a fare;

 

(g) No driver shall take a circuitous route to a destination, or any route other than the most direct route, without the express consent of the passenger;

 

(h) No driver shall drop a passenger at a location other than the location requested;

 

(i) No driver shall refuse to convey an orderly passenger;

 

(j) No driver shall fail to provide a receipt upon request;

 

(k) No driver shall engage in, or permit the use of a pedicab for trafficking in alcoholic beverages or controlled substances;

 

(l) No driver shall 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 or allow any person, while in or on any pedicab, to be in possession of any alcoholic beverage that is not commercially sealed;

 

(m) It is unlawful for any person or persons, while in or on any pedicab, to consume any alcoholic beverage as defined in Section 10-1 of this code, or to possess for the purpose of consumption any such alcoholic beverage, unless such beverage remains commercially sealed. Possession of any alcoholic beverage in an open container shall be prima facie evidence of having the beverage for the purpose of consumption.

 

(n) No driver shall allow more passengers to occupy the vehicle than is provided for by its normal seating capacity;

 

(o) No driver shall 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 unless the pedicab is a multi-passenger human powered vehicle.

 

(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.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney