HomeMy WebLinkAboutORD 2023-18 - Amending Chapter "Pedicabs"ORDINANCE NO. 2OZ ^ 1$
AN ORDINANCE OF THE CITY OF GEORGETOWN AMENDING
CHAPTER 6.26 OF THE CODE OF ORDINANCES ELIMINATING THE
SUNSET PROVISION; PROVIDING FORA PENALTY; PROVIDING FOR
A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown finds it necessary to review and
update certain Chapters in the Code of Ordinances;
WHEREAS, the operation of pedicabs within the City was previously authorized by this
Council in April of 2022;
WHEREAS, the 2022 ordinance provided for a sunset provision with Chapter 6.26 set to
expire April 13, 2023;
WHEREAS, the City wishes to eliminate the sunset provision and allow pedicabs to
operate in accordance with Chapter 6.26 until and unless amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Section 2. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
Section 3. Chapter 6.26 of the Code of Ordinances of the City of Georgetown, Texas is
hereby amended and shall provide as shown in Exhibit A.
Section 4. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 5. All ordinances that are in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions
of this ordinance shall remain in full force and effect.
Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and
after publication in accordance with the provisions of the Charter of the City of Georgetown.
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PASSED AND APPROVED on First Reading on the Z,$ dayof , 2023.
PASSED AND APPROVED on Second Reading on the 1� clay of
2023.
ATTEST:
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By:
Robyn De mare, City Secretary
APPROVED AS TO FORM:
Skye Masson, City Attorney
EXHIBIT A
CHAPTER 6.26 PEDICABS
Sec. 6.26.010. — Definitions.
The following words, terms and phrases, when used in this chapter, shall have the following meanings
ascribed to them, except where the context clearly indicates a different meaning:
Applicant means any person, individual, firm, or corporation in the process of attaining either a license or
permit to operate a pedicab.
Chief of Police means the Chief of Police or the Chief of Police's designee.
City means the City of Georgetown, Texas.
Driver or operator means every person in charge of the operation of a pedicab whether as owner, agent,
servant, or employee of the owner.
Overcrowding means the driver is transporting a greater number of passengers in the pedicab than has been
recommended by the pedicab manufacturer or in violation of the limits set by this chapter.
Owner or operator means any person who has the control, direction, maintenance, and the benefit of the
collection of revenue derived from the operation of pedicabs on or over the streets of the City whether as owner
or otherwise, except "driver" as herein defined.
Pedicab means a tricycle not wider than 54 inches at its widest point specifically designed and manufactured
to transport passengers.
Pedicab driver permit means a permit or license issued by the City to the driver of a pedicab meeting the
qualifications as described within this chapter.
Pedicab permit means a permit or license issued by the City to the owner of a pedicab that has been issued a
license by the City to operate within the City, and that pedicab has met the qualifications as described within this
chapter.
Pedicab service means the business of offering or providing transportation of persons for hire or for a
gratuity in a pedicab when a driver is furnished as part of the service.
Pedicab service license or license means the authority granted by the City to operate a pedicab and shall
authorize an operator of a pedicab service.
Tricycle means a device that is propelled by human power on which a person may ride and has three wheels
in contact with the ground, any of which is more than 16 inches in diameter.
Sec. 6.26.020. — License, required; non -transferability.
A. It shall be unlawful for any person, individual, firm, or corporation to drive or operate or cause to be driven or
operated any pedicab service upon or over any street in the City, unless there has first been obtained a license
and permit issued by the City as provided in this chapter.
B. A license shall not be transferred to another individual, firm, or corporation.
Page 1 of 8
Ordinance No. locs^1
Exhibit A
Amending Chapter 6.26. Pedicabs
Sec. 6.26.030. — License application requirements.
A. Application for pedicab license service within the City shall be filed with the Georgetown Police Department
on a form provided by the Department. The applicant must provide the following information:
1. Name of the owner or person seeking the pedicab license.
2. Name, address, and telephone number of company or person.
3. If a corporation, name and address of major officers of corporation and major stockholders.
4. If a partnership or association, trade, partnership, or associate name, name and address of partners.
S. If a sole proprietorship, name and address of owner.
6. A statement that the applicant has not been convicted of any felony or other offense involving moral
turpitude within the past ten years, which may adversely affect the applicant's ability to provide safe
and reliable passenger transportation. The application shall include a sworn statement by the
applicant that all information provided in the application is true and correct and shall further state
that the Department is authorized to require a copy of the applicant's driving record and criminal
history provided by the applicant, if any, of the applicant. The Department will investigate the facts
stated in the application.
Sec. 6.26.040. — License insurance requirements.
A. Any applicant for a pedicab license under this division shall, before any license can be issued, deliver to the
Georgetown Police Department a certificate of insurance reflecting insurance coverage as provided below.
1. Commercial general liability. An applicant, owner, or operator shall keep in full force and effect
during the term of the pedicab service license a policy of commercial general liability insurance,
issued by an insurance company licensed and authorized to do business in the State, insuring against
any injury, loss or damage that may result to any person or property from the operation of such
pedicab or pedicabs for hire.
2. Notice. Coverage under such policies shall not lapse, be canceled, or be materially changed until at
least 30 days' prior written notice has been given to the City. Passenger liability exclusions are
expressly prohibited.
3. General liability insurance minimum requirements. General liability insurance with limits of liability of
$500,000.00 per occurrence, with an aggregate limit of $1,000,000.00, covering property damage,
bodily injury and personal injury; to secure payment of all lawful and proper claims arising out of the
operations of the pedicab for hire service authorized hereunder.
4. Canceled policies. In the event any of the aforementioned required insurance policies are canceled
upon the request of the surety or insured, and no insurance policy is filed by the license holder before
the cancellation date, the pedicab service license shall be revoked automatically without further
notice.
5. The City must be included as an additional insured on each policy.
6. The licensee is responsible for paying all applicable deductions.
Sec. 6.26.050. — License fee.
Each application must be accompanied by a non-refundable license fee of $20.00.
Page 2 of 8
Ordinance No.
Exhibit A
Amending Chapter 6.26. Pedicabs
Sec. 6.26.060. - license indemnification and release.
Each license will contain an agreement that the licensee will release and indemnify the City in performance
of the pedicab service.
Sec. 6.26.070. - License issuance or denial; term.
A. Issuance. The Chief of Police shall issue to each applicant a pedicab service license if the Chief of Police is not
required to deny the application and only after the applicant has met all requirements of this chapter.
B. The Chief of Police may deny an application for a license if the applicant:
1. Does not meet the qualifications of this chapter; or
2. Makes a false statement on the application; or
3. Has had a previous license, pedicab permit, or pedicab driver permit suspended or revoked.
C. If the Chief of Police determines that an operating license should be denied, the Chief of Police shall notify the
applicant in writing that the application is denied, the reason for the denial, and a statement the applicant
may appeal In accordance with Section 6.26.080 of this chapter.
D. Term. The pedicab service license will be issued for a one-year term.
Sec. 6.26.090. - Pedicab permits.
A. Pedicab permit application. Application for a pedicab permit within the City shall be filed with the Georgetown
Police Department on a form provided by the City. The applicant must provide the following information on
such form:
1. Name, address, and telephone number of applicant.
2. If a corporation, corporate name, place of incorporation, address and telephone number.
3. If a partnership, name of the partnership, and the names, addresses, and telephone numbers of all
partners.
4. Number of the applicant's operating license.
S. Make, model, body style, model year, color of pedicab, and seating capacity per manufacturer's
recommendations.
6. Pedicab identification number.
7. Owner of pedicab, if different than applicant.
8. Proof of inspection as required by Section 6.26.100.
B. Sworn statement. The application shall include a sworn statement by the applicant that all information
provided in the application is true and correct. The City shall investigate the facts stated in the application.
C. Fees. The annual fee for pedicab permits shall be $20.00. The fee is not refundable in the event the permit is
canceled or revoked prior to expiration.
D. Tenn, expiration, and renewal. The term of all pedicab permits are no longer than one year. Renewals shall be
applied for in the same manner as specified for the original permit.
Page 3 of 8
Ordinance No.10ZI-1%
Exhibit A
Amending Chapter 6.26. Pedicabs
Sec. 6.26.100. — Pedicab requirements and inspections.
A. The permittee, license holder or driver shall at all times provide and maintain in good operating condition the
following equipment for each pedicab:
1. A headlight capable of emitting a light at a distance of 500 feet or greater, as delegated by Texas
Transportation Code § 551.104.
2. Two properly functioning and operating taillights and signal lights.
3. Rear and side reflective devices.
4. A properly functioning and operating braking system.
S. A properly functioning and operating horn.
6. A rearview mirror.
7. Sufficient rubber and treading on all wheels.
8. A slow -moving vehicle emblem.
9. Proof of insurance.
10. No exposed rust, ripped upholstery or fabric, visible chips or scratches on any painted surface, exposed
wood that is not painted and in good condition, or dirt or debris on any surface accessible to passengers.
11. Seat strap available for passenger use.
12. A sign on the body of the pedicab stating the name under which the pedicab is operated. The name must
be in letters not less than 2% inches in height and 5/16-inch in width, and must be of a solid color that
contrasts with the background.
13. The telephone number or web page address of the pedicab company shall be displayed on the rear of the
pedicab with numerals not less than 2Y2 inches in height and 5/16-inch in width.
B. No permit shall be issued or reinstated until the pedicab has been inspected by a City official. An inspection
checklist form provided by the City to certify that the pedicab has fully complied with all requirements thereon
shall be completed at that time. Pedicabs are subject to re -inspection at anytime by a City official.
Sec. 6.26.110. — Display of rates and fares.
A. Posted amounts. Rates and fares charged for passengers of the pedicab shall be posted in a conspicuous place
on the inside of each pedicab for passengers in the front and back seats and on the outside.
B. Receipt for payment. It shall be unlawful for the driver of any pedicab, upon receiving full payment of a fare, to
refuse to give a receipt upon the request of the passenger making such payment.
Sec. 6.26.130. — Pedicab driver permit required.
A. It shall be unlawful for any person or individual to drive or operate a pedicab in the City without obtaining a
pedicab driver permit.
B. If a person or entity has a valid pedicab service license obtained under this chapter it does not allow any
person to drive or operate a pedicab owned, controlled or operated by the licensee, unless the driver has a
valid City pedicab driver permit issued under this chapter.
Page 4 of 8
Ordinance No. qo? 3 -?S
Exhibit A
Amending Chapter 6.26. Pedicabs
Sec. 6.26.140. — Pedicab driver permit application requirements.
A. Application for pedicab driver permit within the City shall be filed with the Georgetown Police Department on
a form provided by the City. The applicant must provide the following information on such form:
1. Name, local residence address, date of birth, and telephone number.
2. State driver license number, expiration date and three-year driving record.
3. A sworn statement that the applicant has not been convicted within the past ten years of a felony or the
following offenses involving moral turpitude which adversely affects the applicant's ability to provide safe
and reliable passenger transportation:
Prostitution or related offenses.
ii. Driving while intoxicated or under the influence of drugs.
Ill. Violations of the Texas Controlled Substance Act (Texas Health and Safety Code ch. 481).
iv. Rape, murder, attempted murder, aggravated assault.
V. Theft over $500.00.
vi. A felony or other offense involving moral turpitude which may adversely affect the applicant's
ability to provide safe and reliable passenger transportation.
4. The application shall include a sworn statement by the applicant that all information provided in the
application is true and correct and shall further state that the Department is authorized to require a copy
of the applicant's driving record and criminal history, provided by the applicant, if any. The Department
shall investigate the facts stated in the application.
Sec. 6.26.150. — Driver permit fee.
The fee for driver permits issued shall be $20.00 No portion of the fee shall be refunded in the event the
permit is terminated prior to expiration.
Sec. 6.26.160. — Driver permit issuance and term.
A. The Chief of Police shall issue to each applicant a pedicab driver permit after the applicant has met all
requirements of this division.
B. The pedicab driver permit will be issued for a one-year term.
Sec. 6.26.170. — Driver permit display.
No person shall drive or operate a pedicab within the City, unless the driver permit issued by the City is
displayed on a conspicuous place inside the pedicab in view of the passengers. The permit, including the photo,
shall not be altered in any manner.
Sec. 6.26.190. — Pedicab drivers' conduct.
A. Pedicab drivers at all times shall:
1. Act in a reasonable, prudent, and courteous manner.
2. Maintain a sanitary and well-groomed appearance.
Page 5 of 8
Ordinance No. 2OT-S --100
Exhibit A
Amending Chapter 6.26. Pedicabs
3. Not inhale or consume any alcoholic beverage, drug, or other substance that could adversely affect their
ability to operate a pedicab.
4. Not permit a person other than another employee of the pedicab service with a valid pedicab driver
permit to operate a pedicab under their control.
S. Not permit any person to ride on a place not intended for passengers of the pedicab.
Sec. 6.26.200. — Operation of pedicabs.
A. When travelling on roadways with multiple lanes a pedicab driver must travel in the right lane, unless the
destination requires otherwise.
B. Pedicabs may not operate on sidewalks or other pedestrian designated areas.
C. Pedicabs may not travel on roadways with a speed limit greater than 35 miles per hour, exceptfor the purpose
of crossing the roadway.
D. Pedicabs may not be operated on Austin Avenue, University Avenue, or Williams Drive, except for the purpose
of crossing these roadways.
E. Pedicabs may not stand or park on public roadways for longer than is reasonably necessary to load or unload
passengers. All loading of passengers from a roadway must be from the curb lane.
F. A pedicab operator may not disrupt pedestrian traffic and must obey all traffic laws of the State and the City.
G. A pedicab is limited to a maximum passenger capacity of three, excluding the pedicab driver.
Sec. 6.26.080. — License, pedicab permit, or pedicab driver permit revocation or suspension.
A. Generol. The Chief of Police may revoke or suspend any license, pedicab permit, or pedicab driver permit
issued under this chapter upon finding that any pedicab service operator has violated any provision of this
chapter or any of the following:
1. The pedicab service operator or driver has been arrested or convicted of a felony or other offense which
may adversely affect the operator's ability to provide safe and reliable passenger transportation to the
public.
2. The pedicab service operator has allowed any driver or attendant to drive pedicabs after conviction of a
felony or other offense which may adversely affect the operator's ability to provide safe and reliable
passenger transportation to the public.
3. The license, pedicab permit, or pedicab driver permit was obtained by an application in which any
material fact was intentionally or otherwise omitted or falsely stated.
4. The pedicab service operator has persisted in the operation of pedicabs that are in violation of any law.
S. The pedicab service operator, any agent, employee, or pedicab driver permittee has been operating the
pedicab or pedicab service in a negligent manner.
6. The pedicab service operator has allowed its insurance to be canceled, withdrawn, terminated, or to fall
below the minimum prescribed in this chapter.
7. The pedicab service operator or pedicab driver permittee has allowed any of its pedicabs or equipment to
become damaged, deteriorated, or unclean to the extent that it is unsatisfactory for public use.
8. The pedicab service operator or pedicab driver permittee is delinquent on any taxes owed to the City or
fails to show financial ability to maintain services in compliance with this chapter.
Page 6 of 8
Ordinance No.
Exhibit A
Amending Chapter 6.26. Pedicabs
9. The pedicab service operator or pedicab driver permittee has altered, or cause to be altered, the City
pedicab driver permit photograph.
B. Notice. A revocation or suspension shall take effect upon delivery of written notice to the pedicab service
operator or pedicab driver permittee in person or by certified mail through the United States Postal Service.
C. Appeal. The pedicab service operator or pedicab driver permittee shall have the right to appeal to the City
Manager from any such action of the City by delivering such appeal to the City Secretary not more than five
days after the action appealed from. In the event the pedicab service operator or pedicab driver permittee
shall fail to deliver such notice to the City Secretary within the time prescribed, the action of the City in
revoking or suspending the license shall be final. If the pedicab service operator or pedicab driver permittee
timely delivers the notice to the City Secretary, the City Manager or the City Manager's designee, shall hear
the appeal not more than 20 days after the filing of the notice of appeal with the City Secretary.
D. Reinstatement of suspended permit and fee. At the discretion of the Chief of Police, the Pedicab permits
suspended because of failure to comply with the requirements of this chapter may be reinstated as soon as
the pedicab is brought back into compliance. Application for such reinstatement shall be made in writing to
the City on the form provided by the City. The fee for reinstatement shall be $20.00.
Sec. 6.26.220. — Miscellaneous offenses; penalty.
A. It shall be unlawful for any person engaged in the pedicab business, or driving or operating a pedicab, to
overcrowd the pedicab.
B. It shall be unlawful for any pedicab driver to represent themselves as another pedicab company.
C. It shall be unlawful for any driver of any pedicab or for any other person acting for the driver to seek or solicit
patrons or passengers for any such pedicab by word or sign, directly or indirectly, while driving any such
pedicab over, through or on any public street or public place of the City, or while same is parked on any public
street or alley of the City.
D. It shall be unlawful for a pedicab service licensee to offer, either directly or indirectly, any gifts, discounts, or
gratuities in association within the provision of pedicab services to City employees.
E. It shall be unlawful for a pedicab driver to receive or discharge passengers in the roadway of any street. It is a
defense to this subsection that said driver drove to the right-hand sidewalk, the extreme right-hand side of the
road as nearly as practical, or into a driveway or parking lot for such purposes.
F. Failure to pay fare. It shall be unlawful for any person to refuse to pay the legal fare of any pedicab after
having hired the same or to hire any pedicab with Intent to defraud the person from whom it is hired of the
value of such service.
G. It shall be unlawful for any person to violate any part of this chapter.
H. Each violation of this chapter shall constitute a separate offense and each offense shall be punishable as a
Class C misdemeanor and shall each be punishable by a fine not to exceed $500.00 for each day the
violation exists.
Sec. 6.26.220. — Central point of contact for complaints.
A. The Georgetown Police Department shall be the central point of contact for any complaints or issues regarding
pedicab operations within the City. Complainants shall call the Police Department's non -emergency phone at
(512) 930-3510.
Page 7 of 8
Ordinance No.
Exhibit A
Amending Chapter 6.26. Pedicabs
B. The Georgetown Police Department's non -emergency number shall be posted with the rates and fares Inside
and outside the pedicab. The complaint posting shall state: "Call the Georgetown Police Department for
Complaints about this Pedicab at (512) 930-3510."
Page 8 of 8
Ordinance No.,�07_.3 ^ I^ I
Exhibit A
Amending Chapter 6.26. Pedicabs