[Adopted 11-4-2010]
As used in this article, the following terms shall have the
meanings indicated:
The individual who actually operates the pedicab, whether
as the owner, an employee of the owner, or as an independent contractor.
Any person who owns, leases, or otherwise has possession
of the pedicab.
A bicycle-like vehicle that has at least three wheels, is
capable of transporting passengers on seats attached to the vehicle,
is propelled by human power through a chain, belt or gears, and is
used for transporting passengers for hire.
A.
It shall
be unlawful for any person to ride or operate a pedicab on any public
way or upon public property in the City of Northampton without a license
from the Northampton Police Department in accordance with this article.
Pedicabs may not be operated on public sidewalks.
B.
No pedicab
shall be operated on any public way or upon public property in the
City of Northampton unless the owner registers said pedicab with the
Northampton Police Department in accordance with this article.
C.
Public
property includes, but is not limited to, all streets, sidewalks,
parks, trails, or any other areas under the care, custody, and control
of the City of Northampton.
A.
Application
for a license to operate a pedicab or for renewal thereof shall be
made in writing to the City Clerk upon a form prescribed by the Chief
of Police and requiring the Chief of Police's review and signature.
Such application shall include the following information:
(1)
Full
name, residence address, and date of birth.
(2)
Massachusetts
driver's license information, including any restrictions or whether
said license has ever been suspended or revoked and for what cause.
(3)
Whether
the driver has ever been convicted of a felony or misdemeanor and,
if so, the details thereof.
(4)
Such
other information as the Chief of Police determines is necessary to
evaluate the fitness of the applicant to be granted a pedicab operator's
license.
B.
The annual
fee for a license to operate a pedicab, as set forth in Chapter 174,
Fees, shall be paid to the City Clerk. Licenses shall remain in force
until the first day of May next after the date issued.
A.
Application
for a pedicab registration shall be made in writing to the City Clerk
upon a form prescribed by the Chief of Police and requiring the Chief
of Police's review and signature. Such application shall include the
following information:
(1)
Name
and business address of the pedicab owner.
(2)
The
following identifying information:
(a)
In the case of individual owners: date and place of birth.
(b)
In the case of corporations, partnerships, limited-liability companies
or any other form of legalized entity:
[1]
State and date of establishment or creation.
[2]
Certificate of legal existence or similar documentation establishing
that the existence and operation of the entity is in current compliance
with the laws of the Commonwealth of Massachusetts and the state in
which it was created.
[3]
For unincorporated businesses, a valid City of Northampton business
certificate.
(3)
Whether
the owner or operator has ever been convicted of a felony or a misdemeanor
and, if so, the details thereof.
(4)
A
serial number, vehicle identification number or similar individual
identification number permanently affixed to and which may identify
the registered pedicab.
(5)
Proof
of liability insurance from a company duly licensed to issue policies
in Massachusetts, insuring the public against any loss or damage that
may result to any person or property from the operation of such pedicab
in the minimum amount of $500,000.
(6)
Such
additional detailed information as may, in the opinion of the Chief
of Police, be necessary to evaluate the fitness of the applicant or
the pedicab vehicle to be granted a pedicab registration.
B.
Pedicab
registration shall be valid for one year and is renewable on May 1
of each year. Yearly registrations are not transferable. The annual
pedicab registration fee, as set forth in Chapter 174, Fees, shall
be paid to the City Clerk. The registration shall be posted in or
on the pedicab at all times in a place where it is clearly visible
to the passengers being carried therein.
Pedicabs shall be operated in accordance with the laws of the
Commonwealth of Massachusetts applicable to the use of bicycles on
public roads and highways and shall obey all traffic laws, and shall
meet the following requirements:
A.
Pedicabs
shall be equipped with the safety equipment described in MGL c. 85,
§ 11b, at all times. In addition, pedicabs shall:
(1)
Display
a battery- or generator-operated lighted lamp or lamps upon the rear
part of such pedicab vehicle at all times when lamps are required
to be lit pursuant to MGL c. 85, § 11b(8). Such lamp or
lamps shall, when lighted, emit a red light that in clear weather
shall be visible at a distance of not less than 500 feet in the direction
from which the pedicab is proceeding.
(2)
Be
equipped with battery- or generator-operated turn signal lamps. Such
lamps shall, when lighted, emit a flashing yellow light that in clear
weather shall be visible at a distance of not less than 500 feet both
in the direction to and from which the pedicab is proceeding.
(3)
Be
equipped with a pedal-power delivery system of chains and gears (or
the equivalent thereof) sufficient to permit the pedicab to accelerate
from a standing position at a rate that will not unduly impede the
flow of traffic. Electric assist is allowed. Combustion engines are
prohibited.
(4)
Be
equipped with a hydraulic or mechanical disc brake system that will
permit the pedicab to stop safely in an emergency situation without
affecting the stability of the vehicle.
(5)
Be
equipped with spoke reflectors placed upon each wheel and reflective
tape marking the side edges of the pedicab at both front and rear.
(6)
Be
equipped with at least one side-view or rear-view mirror designed
to allow the driver to observe traffic to the rear of the pedicab.
(7)
Be
equipped with seat belts for passengers.
(8)
Pedicabs
may not exceed 55 inches in width and 10 feet in length.
B.
Pedicabs
shall be operated in the manner described in MGL c. 85, § 11b,
at all times. In addition:
(1)
Pedicab
operators shall wear a helmet.
(2)
Turn
signals shall be given by the use of the turn signal lamps required
pursuant to this section.
(3)
Pedicabs
shall pick up and discharge passengers as close to the curbline of
the street as possible.
(4)
Pedicabs
shall be operated in a manner that does not impede or block the normal
or reasonable movement of vehicular or pedestrian traffic except where
necessary to comply with applicable provisions of law.
(5)
Passengers
shall be required to remain seated at all times while the pedicab
is in motion.
(6)
Not
more than three passengers shall be permitted in a pedicab at any
time.
(7)
Operators
of pedicabs shall comply with any restrictions set forth on their
motor vehicle driver's license at all times while driving a pedicab.
(8)
Pedicabs
shall not be operated while the operator is under the influence of
alcohol or controlled substances other than medication prescribed
for the operator by a physician that does not adversely affect the
ability of the pedicab driver to operate the pedicab.
(9)
Fares
must be agreed upon at the beginning of each trip.
(10)
Pedicabs shall not be operated on public sidewalks.
A.
The Chief
of Police shall also have the power to deny or revoke any registration
or license issued hereunder for cause after due notice in writing
to the applicant/owner/licensee and after affording the applicant/owner/licensee
the opportunity to be heard thereupon. Cause shall be deemed to include,
but not limited to, conviction of any felony or a misdemeanor occurring
subsequent to the granting of the license or registration, false information
knowingly given in the application for a license or registration,
physical or mental impairment which jeopardizes the safety of passengers
or other members of the public, failure to maintain complete and accurate
license or registration information on file, or for any violation
of the provisions of this article.
B.
In addition
to the denial/revocation procedure authorized above, the Chief of
Police may also suspend any registration or license immediately and
for a period not to exceed five days if the interest of public safety
so requires. In any such case, the owner/licensee shall be afforded
the opportunity to be heard by the Chief of Police or the Chief's
designee within 72 hours following such suspension. Suspensions or
revocations may be appealed in writing to the Committee on Public
Safety. Appeals will be heard at the next regularly scheduled meeting
of the Committee on Public Safety. The decision of the Committee on
Public Safety shall be final and binding.
It shall be unlawful to violate any of the provisions of this
article, and the penalty for violation of any provision, as levied
by the Chief of Police and/or the Chief's designee, shall be a fine
of $50 for the first offense, and an additional $50 per offense thereafter
to the maximum allowable under state law.
