[HISTORY: Adopted by the Village Board of the Village of
Pleasant Prairie 10-9-2023 by Ord. No. 23-45. Amendments noted where
applicable.]
Section 346.94(23), Wis. Stats., setting forth regulations for
commercial quadricycles, is hereby adopted and made part of this chapter
by reference.
As used in this chapter, the following terms shall mean:
The meaning as set forth in § 340.01(8m), Wis.
Stats.
The owner of a commercial quadricycle, regardless of whether
the owner is an individual person, partnership, corporation, or other
type of business entity that owns a commercial quadricycle or manages
the operation of a commercial quadricycle.
The person who is at the steering controls of a commercial
quadricycle which transports passengers for hire or compensation.
No person or business shall operate a commercial quadricycle
in the Village unless the commercial quadricycle is licensed by the
Village pursuant to this section. A commercial quadricycle vehicle
license shall expire on December 31 of each year and shall be renewed
on an annual basis to continue operation.
A.
Application. An application shall be made to the Village Clerk on
the form authorized by the Village with a license fee as indicated
in the Village's Fee Schedule for each commercial quadricycle
managed by the business. The Village Clerk shall forward the application
to the Police Department for review. If the Police Department approves
the application, it shall forward its recommendation to the Village
Clerk.
B.
The Police Department shall deny the application if any of the following
applies:
(1)
The circumstances of a pending criminal charge against the applicant
substantially related to the licensed activity.
(2)
The applicant has been convicted of any felony, misdemeanor or other
offense, the circumstances of which substantially relate to the job
or licensed activity.
(3)
The applicant made a false statement on the application.
(4)
The applicant is under 18 years old.
C.
Licensed route approval. Should the investigation by the Police Department
indicate that the applicant is eligible for a license, the Village
Clerk shall forward the application to the Village Board for approval
or denial of the proposed route and license. Operation of a commercial
quadricycle business is permitted only on an approved route.
D.
Appeal. If the Police Department denies an application for a commercial
quadricycle business license, the applicant may appeal within 15 days
after the Village Clerk mails a notice of denial to the applicant.
The applicant shall file an appeal with the Village Clerk. The Village
Clerk shall schedule an appeal hearing before the Village Board.
E.
Hearing before Village Board. The Village Board may approve any application
placed on its agenda only if the applicant is qualified under this
section and may place conditions and/or restrictions upon approval
or may recommend the denial of the application.
F.
Issuance. The Village Clerk shall issue the commercial quadricycle
license to operate the business if the applicant has been approved
by the Village Board and has satisfied all other provisions of this
chapter.
G.
Insurance. The commercial quadricycle business or owner must maintain
liability insurance coverage for the commercial quadricycle containing
the limits of not less than $1,000,000 per occurrence combined single
limit bodily injury and property damage, issued by a company authorized
to do business in the State of Wisconsin. A certificate of insurance
naming the Village as an additional insured party coverage specific
to each commercial quadricycle shall be filed with the Village Clerk.
H.
Documents available for review. At all times of operation of a commercial
quadricycle, the following documentation must be available upon a
commercial quadricycle for inspection and review upon request by the
Police Department:
No person shall drive a commercial quadricycle within the Village
unless the person holds a valid automobile driver's license issued
by Wisconsin or another state and the person also hold a valid commercial
quadricycle driver's license issued by the Village Clerk pursuant
to this section. A commercial quadricycle driver's license shall
expire on December 31 of each year and shall be renewed on an annual
basis.
A.
Application. An application shall be made to the Village Clerk on
the form authorized by the Village with a license fee as indicated
in the Village's Fee Schedule and submit an acceptable passport-sized
photo. The Village Clerk shall forward the application to the Police
Department for review. If the Police Department approves the application,
it shall forward its recommendation to the Village Clerk. The Police
Department shall deny the application if any of the following applies:
(1)
The circumstances of a pending criminal charge against the applicant
substantially relate to the licensed activity.
(2)
The applicant has been convicted of any felony, misdemeanor, or other
offense the circumstances of which substantially relate to the job
or licensed activity.
(3)
The applicant made a false statement on the application.
(4)
The applicant is under 18 years old.
(5)
The applicant does not hold a valid Wisconsin driver's license
or a valid driver's license issued by any other state in the
United States.
B.
Appeal. If the Police Department denies an application for a commercial
quadricycle driver's license, the applicant may appeal within
15 days after the Village Clerk mails a notice of denial to the applicant.
The applicant shall file an appeal with the Village Clerk. The Village
Clerk shall schedule an appeal hearing before the Village Board.
C.
Hearing before Village Board. The Village Board may approve any application
placed on its agenda only if the applicant is qualified under this
section and may place conditions and/or restrictions upon approval
or may recommend the denial of the application.
D.
Issuance. The Village Clerk shall issue a commercial quadricycle
driver's license if the applicant has been approved by the Police
Department or the Village Board and the applicant has satisfied all
other provisions of this chapter.
Advertisement is allowed on the manufactured body of the commercial quadricycle other than the name of the pedal business. No banners, poles, flags, detached signs, or any other addition or object will be permitted. No amplified sound for the purpose of advertising or solicitation for passengers shall be allowed on a quadricycle except music will be allowed as long as it conforms with Chapters 250 and 420 of the Village's Municipal Code.
No commercial quadricycle owner or driver shall operate or allow
the operation of a commercial quadricycle on any streets unless it
is able to furnish evidence that the commercial quadricycle was inspected
within 60 days' prior to application by a reputable bicycle repair
shop or facility qualified to repair commercial quadricycle which
states that the commercial quadricycle is in good working order. The
commercial quadricycle shall meet the minimal equipment and safety
standards:
A.
Tires. Tires shall be of a size appropriate for the vehicle 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.
B.
Operational horn. The commercial quadricycle shall be equipped with
a fully operational horn or bell.
C.
Brakes. It shall be unlawful to operate, or cause to be operated,
a commercial quadricycle that is not equipped with a front and rear
braking system capable of being manipulated by the driver from the
driver's normal position of operation and capable of causing
the commercial quadricycle with a loaded passenger compartment to
come to a complete stop in a linear path of motion when each wheel
of the vehicle is in contact with the ground on dry, level, clean
pavement. The braking system controlling the rear wheels shall be
a hydraulic disc braking system, which is unaffected by rain or wet
conditions. An emergency brake shall also be provided in addition
to the hydraulic disc braking system.
D.
Headlights, taillights, mirrors, turn signals, and other requirements.
Every commercial quadricycle shall be equipped with the operational
equipment set forth in the subsections below:
(1)
A headlight capable of projecting a beam of white light for a distance
at a minimum of 300 feet which shall be clearly visible during darkness
and must be illuminated at all times during darkness.
(2)
A side-mounted mirror or a wide-angle rearview mirror affixed to
the quadricycle to reflect to the driver a view of the street for
a distance of at least 200 feet from the rear of the quadricycle.
(3)
A red light and brake light affixed to the rear of the quadricycle
which must be visible for a distance of at least 200 feet from the
rear or the quadricycle and must be illuminated at all times during
darkness. Turn signals must be affixed to the front and rear of the
vehicle.
(4)
All quadricycles shall have reflectors on the frame and a red reflector
mounted on each side of the rear of the vehicle, at least one inch
from the outer edge and centered. In addition, the international slow-moving
triangle must be displayed on the rear of the quadricycle.
The owner and driver of a commercial quadricycle are both responsible
for ensuring compliance with this section.
A.
Owner and driver must adhere to the routes specified in their submitted
application and as detailed on the issued license. New routes must
be applied for and approved by the Village Board before an owner or
driver may use the new routes. No owner or driver shall operate a
commercial quadricycle on streets closed off to public traffic, regardless
of whether the street is included in an approved route. Any deviation
from an approved route without approval shall be a violation of this
chapter.
B.
Operating a commercial quadricycle on county or state highways within
the Village of Pleasant Prairie will require county or state review
and written approval.
C.
Commercial quadricycle operation is permitted between the hours of
10:00 a.m. and 9:00 p.m. Operation of a commercial quadricycle beyond
permitted hours is prohibited.
D.
It is unlawful for any person to operate or to permit another to
operate a commercial quadricycle at other times or in other locations
within the jurisdiction of Pleasant Prairie than those approved by
the Village Board.
E.
Each passenger of a commercial quadricycle may possess on or carry
onto the commercial quadricycle no more than 36 ounces of fermented
malt beverages as defined in § 125.02(6), Wis. Stats. No
other alcohol beverages, as defined in Ch. 125, Wis. Stats., may be
possessed on, carried upon, or consumed upon a commercial quadricycle.
F.
No glass containers may be carried on a commercial quadricycle.
G.
The number of occupants cannot exceed the number of seats on a commercial
quadricycle.
H.
No objects shall be thrown from the commercial quadricycle.
I.
Restrictions on possession, transportation, and consumption of alcohol
beverages in the operation of commercial quadricycles upon Village
Board approved route shall apply to operation of commercial quadricycles
when used for non-revenue-producing events or transportation in addition
to regular commercial activities.
J.
No driver of a commercial quadricycle may consume alcohol while the
commercial quadricycle is occupied by passengers.
K.
No person may drive a commercial quadricycle with an alcohol concentration
of more than 0.02.
L.
No person may drive a commercial quadricycle on which any alcohol
beverages are carried or consumed other than fermented malt beverages
under this chapter.
M.
No person may drive a commercial quadricycle on which alcohol beverages
are sold and may not transport alcohol beverages on a commercial quadricycle
for the purposes of sale or delivery upon sale.
N.
No person may consume any alcohol beverages including fermented malt
beverages in an alcohol prohibited area such as park trails and multiuse
paths.
O.
No person under the age of 21 may be aboard a commercial quadricycle
if any other passenger is in possession of an alcohol beverage.
P.
Passengers shall be advised by the operator, driver, or other person
responsible for the operation of the commercial quadricycle that no
alcohol beverages shall be possessed on, carried upon, or consumed
on a commercial quadricycle in violation of Village ordinance or state
statute, and shall conspicuously post a notice of these restrictions
upon the commercial quadricycle in a form and manner approved by the
Village.
Q.
The commercial quadricycle driver shall always operate the vehicle
in compliance with applicable local and state traffic and parking
laws.
R.
The commercial quadricycle driver shall always remain with the quadricycle
when fermented malt beverages are on board the quadricycle.
S.
Failure of a person to comply with the regulations of this section
or to operate in accordance with the approved route of operation shall
constitute grounds for nonrenewal, suspension or revocation.
T.
The commercial quadricycle owner shall furnish receptacles upon or
within the quadricycle for passengers to dispose of refuse and recyclables
and the driver shall ensure all passengers properly dispose of such
items.
U.
No owner or driver may operate a commercial quadricycle with passengers
aboard during any Village special events unless permitted by the Village.
V.
No commercial quadricycle shall be operated or parked on a public
sidewalk, park trails, or multiuse paths.
W.
The Village Board may amend and adopt from time to time the regulations
relating to commercial quadricycles and their operations, including,
but not limited to, hours of operations, routes, vehicle markings
and safety equipment.
X.
There is no site storage for the commercial quadricycle at any of
the Village facilities.
