Article XI. Pedicabs.

Sec. 23-120. Definitions.

In this article, unless the context otherwise requires:

    1. Bicycle means a device that is propelled by human power and on
    which a person may ride and that has either:
        a. Two tandem wheels, either of which is more than sixteen
        inches in diameter.
        b. Three wheels in contact with the ground, any of which is more
        than sixteen inches in diameter.

    2. Daytime means the period between sunrise and sunset.

    3. For hire means to provide, or offer to provide, a service in
    exchange for any form of payment, whether monetary or otherwise, or gratuity.

    4. Knowingly means, with respect to conduct or a circumstance
    described in this article, that a person is aware or believes that his or her conduct
    is of that nature or that the circumstance exists. It does not require any
    knowledge of the unlawfulness of the act or omission.

    5. Motorized electric or gas powered bicycle or tricycle means a
    bicycle or tricycle that is equipped with a helper motor.

    6. Nighttime means the period between sunset and sunrise.

    7. Operator means the person who is in actual physical control of the
    pedicab.

    8. Pedicab means either a bicycle or a motorized electric or gas
    powered bicycle or tricycle that transports or is held out to the public as available
    to transport passengers for hire, including a bicycle or a motorized electric or gas
    powered bicycle or tricycle that pulls, or to which is attached, a trailer, sidecar, or
    similar device.

    9. Person means a corporation, firm, partnership, limited liability
    company, association, organization and any other group acting as a unit, as well
    as an individual.

Sec. 23-121. Fares.

    A. It is unlawful for the operator of a pedicab to charge a passenger a
    fare that was not agreed upon with the passenger in advance.

    B. It is unlawful for the operator of a pedicab to demand a fare from a
    passenger after agreeing to provide the service for a gratuity only.

Sec. 23-122. Pedicab lighting and reflectors.

It is unlawful for any person to operate, or cause to be operated, a pedicab
that is not:
    1. Using a lamp on the front that emits a white light visible from
    a distance of at least one hundred feet to the front during
    daytime.

    2. Using a lamp on the front that emits a white light visible from
    a distance of at least five hundred feet to the front during
    nighttime.

    3. Using a red reflector on the rear of a type approved by the
    Arizona State Department of Transportation that is visible
    from all distances from fifty feet to three hundred feet to the
    rear when the reflector is directly in front of lawful upper
    beams of head lamps on a motor vehicle during nighttime.

    4. Using one lamp that emits a red light visible from a distance
    of five hundred feet to the rear during nighttime.

Sec. 23-123. Pedicab brakes.

It is unlawful for any person to operate, or cause to be operated, a pedicab
that is not equipped with a braking system that is capable of skidding each wheel
in contact with the ground on dry, level, clean pavement by the operator from his
normal position of operation.

Sec. 23-124. Pedicab mirrors.

It is unlawful for any person to operate, or cause to be operated, a pedicab
that is not equipped with a mirror located in a manner to reflect to the operator a
view of the road for a distance of at least two hundred feet to the rear.

Sec. 23-125. Pedicab trailer; limitation on number.

It is unlawful to operate a pedicab with more than one attached trailer,
sidecar or similar device.

Sec. 23-126. Pedicab width.

It is unlawful to operate a pedicab that is wider than 54 inches at its widest
point.

Sec. 23-127. Pedicab condition.

    A. It is unlawful for any person to operate, or cause to be operated, a
    pedicab that is not in good working order.

    B. It is unlawful for any person to operate a pedicab that has:
        1. Exposed rust.
        2. Ripped upholstery or fabric.
        3. Visible chips or scratches on any painted surface.
        4. Exposed wood that is not painted and in good condition.
        5. Dirt or debris on any surface accessible to patrons.

Sec. 23-128. Pedicab operation.

    A. It is unlawful for any person propelling a pedicab to ride other than
    on or astride a permanent and regular seat attached to the pedicab.

    B. It is unlawful for any person propelling a pedicab to carry at any one
    time a number of persons in excess of the number of seats available, provided
    that a passenger under five years of age shall not be considered a person for
    purposes of this subsection.

    C. It is unlawful for any person to operate a pedicab in a manner that
    results in damage to public property.

    D. It is unlawful for any person operating a pedicab to fail to exercise
    due care to avoid colliding with a pedestrian on any roadway or sidewalk.

    E. It is unlawful for any person to operate a pedicab equipped with a
    siren or whistle.

    F. It is unlawful for any person operating a pedicab to knowingly
    permit a person riding on a bicycle, coaster, sled, toy vehicle or roller skates to
    attach the bicycle, coaster, sled, toy vehicle, roller skates or that person to the
    pedicab.

    G. It is unlawful for any person to operate a pedicab while carrying a
    package, bundle or article if the package, bundle or article prevents the operator
    from keeping at least one hand on the handlebars.

    H. It is unlawful for any person to knowingly operate a motorized
    electric or gas powered bicycle or tricycle on any street or adjoining sidewalk that
    has been closed by the Police Department to general motor vehicle traffic by
    barricade or similar barrier while the helper motor is in operation.

    I. It is unlawful for any person to operate a pedicab on a street with a
    posted speed limit of 35 miles per hour or greater, except for the purpose of
    crossing that street.

    J. It is unlawful for any person, while operating a pedicab, to stop on a
    street with a posted speed limit of 35 miles per hour or greater in order to pick up
    or drop off passengers.

    K. It is unlawful for any person, while operating a pedicab, to obstruct
    the flow of pedestrian traffic by remaining stopped on a sidewalk, except for the
    time period necessary to pick up or drop off passengers.

    L. It is unlawful to operate a pedicab that does not have a clearly
    visible manufacturer’s serial or identification number. In the case of a pedicab
    that is not of unibody design, it is sufficient for purposes of this subsection that
    either the operator’s portion or the passenger’s portion of the pedicab contain the
    manufacturer’s serial or identification number.

    M. It is unlawful to knowingly remove, deface, alter or destroy the
    manufacturer’s serial or identification number on a pedicab.

Sec. 23-129. Driver License requirement; Possession; Display;
Exception.

    A. It is unlawful for any person to knowingly operate a pedicab without
    having in that person’s possession, and displaying to any law enforcement officer
    upon demand, a valid driver license issued by the state of Arizona or any other
    state, except as provided in subsection B. A driver license that has been
    cancelled, revoked or suspended is not a valid driver license for purposes of this
    subsection.

    B. If a person is unable to obtain a driver license from the state of
    Arizona due to a qualifying disability under Title II of the Americans with
    Disabilities Act, it is unlawful for that person to knowingly operate a pedicab
    without having in that person’s possession and being able to display to any law
    enforcement officer of this state upon demand:

        1. Proof of having successfully completed the written
        examination required by the Arizona Department of
        Transportation Motor Vehicle Division to obtain any class of
        driver license.

        2. A legible and current government-issued photo identification
        document in that person’s immediate possession at all times
        when operating a pedicab.

Sec. 23-130. Pedicab insurance.

    A. The operator of a pedicab shall maintain at all times an owner’s or
    operator’s policy of liability insurance in the amount of at least one million dollars.

    B. The insurance company issuing the policy shall be authorized to
    issue commercial liability policies in this state by the Arizona state department of
    insurance.

    C. The policy shall designate by explicit description or by appropriate
    reference all pedicabs for which coverage is granted.

    D. The policy shall insure the person named in the policy as the
    insured and any other person, as insured, using the pedicab with the express or
    implied permission of the named insured against loss from the liability imposed
    by law for damages arising out of the ownership, maintenance or use of the
    pedicab within the City or the state of Arizona.

    E. On demand of any law enforcement officer of this state an operator
    shall display proof of insurance coverage as provided in this section.

Sec. 23-131. Change of information.

Any change in the information required to be submitted pursuant to this
article shall be submitted to the Police Department, on the form prescribed by the
Police Department for this purpose, within ten calendar days of any change.

Sec. 23-132. Pedicab tag requirement; unlawful acts.

    A. It is unlawful to operate a pedicab that does not have affixed, in the
    manner and location prescribed by the Police Department, an inspection tag
    issued by the Police Department.

    B. It is unlawful to knowingly remove, move, alter or deface an
    inspection tag issued pursuant to this article.

    C. It is unlawful to transfer a pedicab tab from the pedicab for which it
    was issued to another pedicab.

    D. It is unlawful to knowingly operate a pedicab with a tag that was not
    issued for that pedicab.

    E. It is unlawful to knowingly operate a pedicab with a tag that is
    fictitious or fraudulent.

Sec. 23-133. Pedicab tag application; inspection; denial; appeal.

    A. A person shall apply for a pedicab inspection tag by making
    application with the Police Department on the form prescribed by the Police
    Department for that purpose. The application shall require, as applicable, the
    following information:

        1. Full legal name and date and place of birth.
        2. Current residence address, mailing address and telephone
        number.
        3. Whether the pedicab is owned or leased.
        4. Pedicab design, make, model and serial or identification
        number.
        5. A digital photograph of the pedicab.
        6. Proof that the pedicab meets the insurance requirements of
        this article.
        7. Such other information as the Police Department may
        require in order to discover the truth of the matters above
        required to be set forth in the application.

    B. An applicant for an inspection tag pursuant to this article shall either
    be the owner or lessee of a pedicab submitted for inspection and tagging
    pursuant to this article.

    C. An applicant for a duplicate inspection tag pursuant to this article
    shall make application with the Police Department on the form prescribed by the
    Police Department for that purpose.

    D. The inspection tag shall be issued in the name of the applicant.

    E. The Police Department shall inspect the pedicab for compliance
    with this article. The inspection, or reinspection, shall occur no later than seven
    calendar days after application and shall be conducted at a location prescribed
    by the Police Department. The applicant, or the applicant’s agent, is required to
    be present during the inspection or reinspection and to assist the inspector with
    inspection of the pedicab as necessary.

    F. The application shall be granted, and a tag issued and affixed to
    the pedicab in the manner and location as prescribed by the Police Department,
    if the pedicab and the applicant are in compliance with all requirements of this
    article.

    G. An inspection tag issued pursuant to this article shall be issued in
    the name of the applicant for the pedicab inspected only.

    H. An inspection tag issued pursuant to this article shall expire on July
    31 of each year and shall bear an expiration date and such other information as
    the Police Department shall require in order to monitor the issuance of the tag.

    I. The application shall be denied if the pedicab is not in compliance
    with this article or if the application contains a material misstatement of fact or
    falsification, in which case the Police Department shall issue to the applicant by
    hand-delivery or certified mail to the mailing address of record a notice of denial
    stating the reasons for the denial. Service by certified mail shall be complete
    three calendar days after mailing or upon actual receipt, whichever is earlier.

    J. An applicant for an inspection tag pursuant to this article that has
    received a notice of denial may reapply for an inspection tag for that pedicab
    once under the original application, provided that the date of reapplication is no
    less than five and no more than thirty calendar days from the date of original
    application. Any reapplication submitted that is not in compliance with this
    subsection will be treated as an original application.

    K. An applicant for an inspection tag for a pedicab whose application
    has been denied twice may appeal the denial to the Police Chief or his designee
    by filing a written request for hearing with the Phoenix Police Department, Office
    of Administration, Attn: Commander, 620 W. Washington Street, Phoenix, 85003
    within ten calendar days of receipt of the notice of denial. The hearing before the
    Police Chief or his designee shall be heard within thirty calendar days of the filing
    of the appeal and may be continued upon request of the applicant for good cause
    shown.

    L. An appeal heard by the Police Chief or his designee pursuant to
    this section shall be conducted informally and the technical rules of evidence
    shall not apply, provided that the decision shall be based upon substantial and
    reliable evidence. The decision of the Police Chief or his designee shall be in
    writing and either hand-delivered or mailed by certified mail to the applicant to his
    mailing address of record within five calendar days after the conclusion of the
    hearing. Service by mail shall be complete three calendar days after mailing. If
    the decision is to sustain the appeal, the inspection tag shall be immediately
    issued.

    M. An applicant aggrieved by a decision of the Police Chief or his
    designee may request a hearing before the License Appeal Board by filing a
    request for hearing with the Police Chief or his designee at Phoenix Police
    Department, Office of Administration, Attn: Commander, 620 W. Washington
    Street, Phoenix, 85003, within ten calendar days of receipt of the decision,
    excluding weekends and City holidays. The License Appeal Board shall hear the
    appeal de novo and shall follow the rules of procedure set forth in section 19-14.
    The decision of the License Appeal Board shall be hand-delivered or mailed by
    certified mail to the applicant within five calendar days after the hearing. Service
    by mail shall be complete three calendar days after mailing. The decision of the
    License Appeal Board shall constitute final administrative action. The applicant
    has the right to seek judicial review of the decision by way of special action or
    other available remedy in the Superior Court.

Sec. 23-134. Pedicab inspection; Duplicate tag; Fees.

    A. The fee for an original application is $50.00.
    B. There is no fee for a reinspection application, if filed within the time
    period required by this article.
    C. The fee for a duplicate inspection tag is $10.00.

Sec. 23-135. Pedicab inspection tags; Revocation.

    A. An inspection tag issued pursuant to this article may be revoked
    upon any one or more of the following grounds:

        1. The application for the inspection tag contained a material
        misstatement of fact or material misrepresentation.
   
        2. The applicant was guilty of fraud or deceit in obtaining the
        inspection tag.

        3. The pedicab is no longer in compliance with this article.

        4. The inspection tag has been removed, moved, altered or
        defaced.

        5. The inspection tag holder failed to update information
        submitted on the application as required by this article.

        6. A fee required by this article has not been paid.

    B. The Police Chief or his designee shall revoke an inspection tag by
    mailing to the applicant by certified mail to the mailing address on the application,
    or more recently of record, a notice of revocation stating the reasons for the
    revocation.

    C. The holder of the inspection tag may appeal the notice of
    revocation by filing a request for hearing with the Police Chief or his designee at
    Phoenix Police Department, Office of Administration, Attn: Commander, 620 W.
    Washington Street, Phoenix, 85003 within ten calendar days, excluding
    weekends and City holidays. An appeal heard by the Police Chief or his
    designee pursuant to this section shall be conducted informally and the technical
    rules of evidence shall not apply, provided that the decision shall be based upon
    substantial and reliable evidence. The decision of the Police Chief or his
    designee shall be in writing and either hand-delivered or mailed by certified mail
    to the applicant to his mailing address of record within five calendar days after
    the conclusion of the hearing. Service by mail shall be complete three calendar
    days after mailing.

    D. The holder of an inspection tag aggrieved by a decision of the
    Police Chief or his designee may request a hearing before the License Appeal
    Board by filing a request for hearing with the Police Chief or his designee at
    Phoenix Police Department, Office of Administration, Attn: Commander, 620 W.
    Washington Street, Phoenix, 85003 within ten calendar days of receipt of the
    decision sustaining the revocation, excluding weekends and City holidays. The
    License Appeal Board shall hear the appeal de novo and shall follow the rules of
    procedure set forth in section 19-14.

    E. At the conclusion of a contested case, the inspection tag shall be
    immediately surrendered to the Police Department upon demand.

Sec. 23-136. Civil violations.

    A. Any person who violates any provision of section 23-121 or section
    23-132 is subject to a civil sanction of not less than two hundred fifty dollars nor
    more than two thousand five hundred dollars per violation. Any person who
    violates any provision of sections 23-122 through 23-131 is subject to a civil
    sanction of not less than one hundred thirty dollars nor more than two thousand
    five hundred dollars per violation. The court shall not suspend any part or all of
    the imposition or execution of any sanction required by this subsection. The
    remedies of this subsection are cumulative with the criminal remedies of section
    23-137.

    B. Civil actions to enforce this section may be adjudicated by a judge
    or Hearing Officer.

    C. Any civil action to enforce a civil sanction imposed pursuant to this
    article shall be commenced and summons shall be issued in accordance with the
    procedures set forth in the Arizona Revised Statutes, City ordinance or as
    provided in the Local Rules of Practice and Procedure, City Court, City of
    Phoenix.

    D. Any party may appeal the judgment of the City Court to the
    Superior Court. Appeals from civil proceedings shall be in accordance with the
    Superior Court Rules of Appellate Procedure, Civil. Execution of any judgment
    shall be stayed pending appeal when the defendant posts an appeal bond in
    accordance with the order of the Trial Court, or when no bond is fixed and a
    notice of appeal has been filed.

    E. A civil citation brought pursuant to this section shall be served
    within one year of the offense.

Sec. 23-137. Criminal violations.

A person who violates any provision of this article wherein the doing of an
act, or the failure to do an act, is declared to be unlawful, or wherein the doing of
any act is required or prohibited, is guilty of a class 1 misdemeanor.
PASSED by the Council of the City of Phoenix this 2nd day of July, 2008.

_____________________________________
M A Y O R
ATTEST:
__________________________ City Clerk
APPROVED AS TO FORM:
__________________________ Acting City Attorney
REVIEWED BY:
__________________________ City Manager
JHH:kb/725804_1 (CM229) (Item 53) – 7/02/08