City of Camden, NJ Chapter 582 Pedicabs

[HISTORY: Adopted by the City Council of the City of Camden 8-14-2012 by Ord. No. MC-4683. Amendments noted where applicable.]

§ 582-1 Purposes.

The purposes of this chapter are:

A. To regulate and control pedicab businesses to protect consumers and to ensure the safety of the public, including passengers and drivers operating pedicabs;

B. To minimize the effect of pedicabs on traffic and congestion by establishing a maximum number of pedicabs that can be authorized to operate in the City; and

C. To require the inspection of pedicabs to ensure that pedicabs are safely operated in the streets and highways of the City, and provide a process for their removal if they have not been inspected as required.

§ 582-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUSINESS ENTITY

Any sole proprietorship, firm, partnership, corporation, association or other organization recognized to do business under the laws of the state of New Jersey.

CHIEF LICENSE INSPECTOR

The head of the Bureau of Licenses and Inspections, as empowered under § 7-60 of the Code, and further recognized as the Chief License Inspector under §§ 485-8 and 485-9.

[Amended 12-10-2019 by Ord. No. MC-5232]

CODE

The Code of the City of Camden, as amended and revised from time to time by the City Council.

DEPARTMENT

The Department of Code Enforcement.

PEDALCYCLE

A nonmotorized vehicle with three wheels propelled solely by human-powered pedals of singular unit construction consisting of a rear cab supported by two wheels on a single rear axle for passenger seating and a separate front seat for the pedicab driver. The rear passenger cab shall have an overhead canopy that can be raised or lowered over the passenger seating area, and include a clear rear view window. Any passenger cabs separately attached to, and pulled or pushed by, a bicycle are not included in this definition and shall not be operated on or over the streets or highways of the City at any time.

PEDICAB

A pedalcycle constructed and operated to transport passengers for hire.

PEDICAB BUSINESS

Any business entity or person that operates or authorizes the operation of one or more pedicabs in the City of Camden pursuant to the terms of this chapter.

PEDICAB DRIVER

Any person who propels and operates a pedicab in the City of Camden pursuant to the terms of this chapter.

PEDICAB DRIVER'S LICENSE

A license issued by the Department to a pedicab driver to operate a pedicab.

PERSON

Any human being, whether male or female.

TITLE 39

Title 39 Motor Vehicles and Traffic Regulation of the New Jersey Statutes.

§ 582-3 License required; fees.

A. No pedicab business or person shall engage in the business of operating a pedicab unless that business or person has first obtained a pedicab driver's license from the Department and has licensed each pedicab to be operated by the business or person.

B. No pedicab business or person shall operate a pedicab on or over the streets or highways of the City unless such pedicab has been inspected and has been issued a pedicab license. Pedicabs may be inspected at the times and places designated by the Chief License Inspector.

C. Upon the Chief License Inspector's determination that the applicant has satisfied the conditions for obtaining a pedicab driver's license, and approval of one or more proposed routes pursuant to § 582-4A(7), the Department shall issue a pedicab driver's license following the applicant's payment of a license fee of $200 for the first pedicab, and $100 for each additional licensed pedicab to be operated by the pedicab business or person.

(1) Licenses shall be renewed annually upon payment of a pedicab driver's license and pedicab license renewal fee equal to the license and license fees as set forth in Subsections C and D of this section, and upon the Chief License Inspector's determination that the licensee has complied with all applicable laws and regulations.

D. The Department shall determine the maximum number of pedicab driver's licenses and pedicab licenses to be issued to all or any pedicab business or person subject to this chapter.

§ 582-4 Application.

A. Pedicab driver's license. All applications for such license shall be made on forms supplied by, and submitted to, the Chief License Inspector. All pedicab drivers must be licensed, and any pedicab driver applying for a pedicab driver's license shall, in addition to the provisions of Chapter 485, submit the following to the Chief License Inspector:

(1) The name and residence address of the applicant and any other name under which such business is to be conducted;

(2) A copy of the valid United States state-issued motor vehicle driver's license for the applicant, as required by Subsection A(3) of this section;

(3) All pedicab drivers, including all pedicab drivers employed by a person or pedicab business, must be at least 18 years of age and possess a valid United States state-issued motor vehicle driver's license. A pedicab driver shall carry such state-issued driver's license at all times when operating a pedicab;

(4) A physical description of the applicant;

(5) A complete set of the applicant's fingerprints;

(6) Each place of residence of the applicant for one year immediately preceding the date of application;

(7) A description of the business or activity in which the applicant proposes to engage, including a description of the pedicab route or routes on which the applicant proposes to operate. Notwithstanding the description of any streets and highways for an applicant's proposed pedicab route, the pedicab shall be primarily operated on the berm or shoulder of such streets and highways, subject to prevailing traffic and pedestrian conditions and the requirements of Title 39. Under no circumstances will any pedicab route include travel over public sidewalks;

(8) The name and address of the applicant's employer, if the applicant is employed to conduct the activities of a pedicab driver on behalf of a person or pedicab business other than the applicant;

(9) Three unmounted, unretouched color photographs measuring 1 1/2 inches by two inches, showing only the applicant's head and shoulders, and which are representative of the applicant's appearance at the time of application;

(10) A New Jersey sales tax certificate, as required under N.J.S.A. 54:32B-1 et seq.;

(11) An instrument nominating and appointing the Municipal Clerk of the City of Camden to be the applicant's true and lawful agent, with full power and authority to acknowledge service or notice of process for and on behalf of such applicant in respect to any matters connected with or arising out of any business activity licensed under this chapter;

(12) Proof that the applicant is a citizen of the United States of America or a person satisfying all requirements of the immigration and naturalization laws or other applicable law for holding gainful employment in the United States of America; and

(13) Any other such information deemed necessary by the Chief License Inspector to carry out the purposes and intent of this chapter or any other provisions of the Code.

B. Pedicab license. All applications for such license shall be made on forms supplied by, and submitted to, the Chief License Inspector. All pedicabs must be licensed, and any person or pedicab business applying for a pedicab license shall, in addition to the provisions of Chapter 485, submit the following to the Chief License Inspector:

(1) A description of the pedicab to be licensed as a licensed pedicab, including three photographs representing a side view, a frontal view and a rear view of the pedicab;

(2) If a motor vehicle, as defined under N.J.S.A. 39:1-1, is to be utilized to transport the pedicab(s) to and from its licensed route(s), the applicant shall provide the following:

(a) Vehicle model;

(b) Vehicle license number;

(c) License plate number; and

(d) Proof of motor vehicle liability insurance coverage equal to or greater than the amounts required of a New Jersey motor vehicle, as prescribed in N.J.S.A. 39:6A-3;

(3) A valid pedicab driver's license issued in the name of the pedicab owner;

(4) Title, bill of sale or any other such proof sufficient to establish lawful ownership of the pedicab to be licensed;

(5) The pedicab owner shall maintain an insurance policy, or certificate in lieu thereof, in the amount of $100,000 and said owner shall indemnify and hold harmless the City of Camden, its officers, agents or employees, from any and all loss, costs, damages and/or expenses suffered by any person or to any property arising from the pedicab owner's negligence, subject to any other insurance amount(s) or conditions determined by the City's Risk Manager;

(6) A list of fares, charges or tariff rates charged for transportation of passengers, which fares, charges or tariff rates so displayed, as required in § 582-13L, and no other, shall be those to be charged any passenger. The rates and/or tariffs to be charged by the pedicab owner within the City's limits for one passenger for a trip from one place to another within the City or for two or more passengers going to the same destination in the City from the same place of origin shall be approved in advance by the Chief License Inspector. Any change in the rates and/or tariffs during the year shall be filed with, and approved by, the Chief License Inspector before the new rates and/or tariffs can be charged to passengers; and

(7) Any other such information deemed necessary by the Chief License Inspector to carry out the purpose and intent of this chapter or any other provision of the Code.

§ 582-5 Issuance; contents.

A. Upon satisfactory completion of all pedicab driver and pedicab license application requirements of this chapter and Chapter 485, the Chief License Inspector shall immediately issue a pedicab driver's license and pedicab license authorizing the applicant to conduct the pedicab activities described in the application as approved by the Chief License Inspector.

B. Evidence of the pedicab driver's license and pedicab license shall consist of a laminated badge bearing the Seal of the Bureau of Licenses and Inspections of the City of Camden and shall display the following:

(1) Pedicab driver's license:

(a) The name of the licensee;

(b) A picture of the licensee;

(c) The license identification number;

(d) The date of license expiration; and

(e) Any other information deemed appropriate and necessary by the Chief License Inspector.

(2) Pedicab license:

(a) The name of the pedicab owner;

(b) A description of the pedicab;

(c) The date of pedicab license expiration;

(d) The pedicab license number; and

(e) Any other information deemed appropriate and necessary by the Chief License Inspector.

C. No pedicab driver's license badge other than that of the licensee actually operating the pedicab at the time shall be displayed therein.

D. No pedicab license badge other than that of the licensee actually owning and operating the cab at the time shall be displayed therein.

E. All pedicab businesses and pedicab drivers shall obey all applicable requirements set forth in law, rule or regulation, including, but not limited to, Title 39; Title 48, Public Utilities; Chapter 16, Taxicabs, Autocabs, Limousines and Jitneys, of the Statutes of New Jersey.

§ 582-6 Display by licensee.

A. All pedicab driver's licenses shall be attached to the licensee's outer clothing so as to be conspicuously displayed to the public at all times during which the licensee is engaged in the licensed activity. All pedicab drivers are required to wear appropriate shirts at all times, which excludes sleeveless shirts.

B. Pedicabs shall be identified by the licensed pedicab driver's name (or pedicab business's name), which name shall have the words "taxi" or "pedicab" or the name of the operating owner containing the words "taxi," "cab" or "pedicab" prominently displayed on the pedicab, and license identification number issued by the Department.

(1) Each pedicab operated by a licensed pedicab driver or pedicab business shall be sequentially numbered and that number shall be placed next to the license identification number issued by the Department.

(2) The licensee shall provide and display a license plate with the issued license identification number and pedicab number as provided in Subsection B(1) of this section. Such license plate must be placed on the center rear portion of the pedicab so as to be visible to the public from a distance of 100 feet at all times during which the licensed unit is operated on the streets and highways in the City of Camden. The annual renewal sticker shall be affixed to the license plate and visible to the public at all times.

§ 582-7 Transfer, assignment, and use.

A. A pedicab driver's license issued under this chapter shall not be assignable or transferable and may be used only by the person to whom it is issued.

B. Except as provided in Subsection C of this section, a pedicab license issued under this chapter shall not be assignable or transferable and may only be used by the person or pedicab business to whom it is issued for the operation of the specific pedicab described in the application.

C. Upon payment to the Bureau of Licenses and Inspections a transfer fee of $100 and obtaining the prior written approval of the Bureau of Licenses and Inspections, the holder of a pedicab license issued hereunder shall be permitted to transfer such license from any pedicab to any other like or similar pedicab operated on the licensed route for which the license is issued by removing the pedicab license badge from such pedicab and affixing it to such other pedicab.

§ 582-8 Term; renewal.

The license period and renewal of licenses issued under this chapter shall be governed by the provisions of Chapter 485, Licenses and Business Regulations, Article III, Licensing Procedures, of the Code and, in the case of license renewal, shall additionally require the applicant's submission of sufficient proof of continuing insurance, as required by this chapter.

§ 582-9 Revocation.

A. The revocation and/or suspension of any pedicab driver's license issued hereunder and/or the termination of any pedicab license shall be effectuated by the procedures set forth in the Code of the City of Camden, § 485-19 et seq.

B. For purposes of this chapter, any pedicab driver operating or utilizing a pedicab licensed in the name of any other person or pedicab business shall be deemed to be an employee of said licensee. In the event that a pedicab driver whose license is revoked under this section or Chapter 485 is found by the Chief License Inspector to be an employee, contract pedicab driver, business representative, or agent of another person or pedicab business licensed under this chapter, the Chief License Inspector shall also revoke the pedicab driver's license and/or pedicab license of such principal party.

C. All pedicab driver's licenses and pedicab licenses issued under this chapter shall at all times be, and remain, the property of the City of Camden, and such license or license shall be immediately surrendered to the Chief License Inspector upon revocation and/or suspension.

§ 582-10 Hearings and appeals.

The revocation, suspension, refusal to issue or renew licenses, hearings and appeals pertaining to any license or license authorized under this chapter shall be governed by the provisions of Chapter 485, Licenses and Business Regulations, Article IV, Enforcement, of the Code.

§ 582-11 Changes in information.

Any material change in information, as submitted in the last license application, must be reported to the Chief License Inspector within 30 days of such change.

§ 582-12 Pedicab routes and hours of operation; pedicab stands.

A. No pedicab driver or pedicab business shall operate or utilize a pedicab on the streets and highways in the City of Camden on a route that has not been previously designated and assigned by the Chief License Inspector.

B. All pedicabs shall be primarily operated on the berm or shoulder of the streets and highways in the City, subject to prevailing traffic and pedestrian conditions.

C. All pedicabs shall be operated only on routes approved by the Chief License Inspector, either as a "normal route" or as a "special route"; and only during time periods as approved by the Chief License Inspector.

(1) Normal routes. Normal routes for pedicab operation are those routes approved by the Chief License Inspector upon the licensed pedicab driver's application for a license. The Chief License Inspector shall determine normal pedicab routes. The highest priority shall be given to the safety of all users of the transportation system and to maintaining efficient flow of traffic on the City's streets and highways.

(2) Special routes. A licensed pedicab driver may apply for a temporary permit from the Chief License Inspector to use other routes on a trip-by-trip basis to accommodate a special event. An application for such special permit setting forth the date, time and nature of the special event and the exact route requested must be filed with the Chief License Inspector, on a form provided by the Chief License Inspector, at least five business days prior to the date of the special event. The special permit will be issued only if the Chief License Inspector determines that the operation of a pedicab on the requested route, on the date and at the time requested, will not cause undue interference with traffic on the City's streets and highways. Every special permit shall set forth the date, time and nature of the special event, and shall be kept with the pedicab and readily available for inspection at all times during the term of the special permit.

D. The Chief License Inspector may temporarily alter approved normal or special routes or approved hours of operation as it deems necessary due to public safety concerns, construction or other circumstances that may arise.

E. The Chief License Inspector shall determine the number and location of pedicab stands in the City. In designating pedicab stands, the highest priority shall be given to the safety of all users of the transportation system and to maintaining efficient flow of traffic on the City's streets and highways.

§ 582-13 Required equipment of pedicabs.

Each pedicab licensed for operation under this chapter shall be equipped with the following:

A. Seating for no more than three passengers, excluding the pedicab driver, but in no event shall the actually seated passengers exceed the designed capacity, weight or structural, of the pedicab;

B. Passenger seat belts;

C. All lights, signals, lamps, reflectors, brakes, mirrors, and any other safety-related equipment as may be required by Title 39;

D. Operational headlights, rear tail lights and rear turn signal lights to be operated at all times the pedicab is operated on the City's streets and highways;

E. Side reflective devices;

F. An operational braking system;

G. Audible warning devices, such as a horn or a bell;

H. Rearview mirrors;

I. Tires having tread depth sufficient to be designated as operationally safe;

J. Must be painted a light color to ensure it is discernible to other traffic;

K. A two-way radio or similar communication device; and

L. A sign conspicuously posted on the exterior of the pedicab, within the full view and access of any passengers, stating a complete list of fares, charges or tariff rates charged for transportation of passengers, which rates and/or tariffs so displayed, as approved in advance by the Chief License Inspector under § 582-4B(6), and no other, shall be those to be charged any passenger. The pedicab driver shall provide a full price quote to all passengers prior to commencing any pedicab ride.

§ 582-14 Prohibited activities.

No pedicab business or driver shall:

A. Operate, or allow to be operated, a pedicab in an unsafe condition or without the equipment required by this chapter;

B. No pedicab shall be used to carry more than four passengers, excluding the pedicab driver, at one time;

C. Leave any pedicab unattended, at any time, on the sidewalks, streets or highways in the City;

D. Store, park or leave any pedicab overnight on any sidewalk, street or highway in the City, including in or on any motor vehicle used to transport said pedicab;

E. Put or continue the pedicab in motion while any passengers are standing or sitting anywhere other than in the passenger seats with a seat belt engaged;

F. Collect fares, make change, or take on or discharge passengers while the pedicab is in motion;

G. Park the pedicab in a manner which disrupts the flow of automobile traffic on public streets, or so as to impede the flow of pedestrian traffic;

H. Display any commercial advertising materials on the pedicab;

I. Attach to the pedicab, use or operate any horn, siren, whistle, bell, loudspeaker, public address system, sound amplifier or other similar device to attract the attention of the public in order to pick up customers, or hawk, sell or otherwise advertise their services or any other business; or

J. Ride a pedicab on any sidewalk in the City.

§ 582-15 Emergency restrictions.

A. The City of Camden Police Department shall have the authority to issue temporary emergency restrictions prohibiting the operation of pedicabs on any licensed routes on any streets or highways in the City.

B. The temporary emergency restrictions in this section may be issued when the Police Department determines that, due to the size of any scheduled or special event(s) and the prevailing traffic and pedestrian conditions on or in the immediate vicinity of a licensed pedicab route, temporary restrictions should be placed on pedicab operations in such affected areas.

§ 582-16 Violations and penalties.

Unless otherwise provided in this chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-15.

A. For purposes of sentencing, each violation of each subsection of this chapter shall be considered a separate offense.

B. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.