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HomeMy WebLinkAboutBoard of Selectmen Agenda May 4, 2011 Packet_201402061635309738DRAFT PEDICAB REGULATIONS TOWN OF NANTUCKET Effective May 20, 2011 For purposes of these Regulations, a “pedicab” is defined as a bicycle with three or more wheels, which is designed to transport passengers on seats attached to the vehicle, which is operated by one person, that is powered solely by human power and that is used for transporting passengers for hire. §1. PEDICAB OWNERS a. No person shall engage in the business of transporting persons for hire in a vehicle without first having obtained a license from the Nantucket Board of Selectmen (hereinafter “Board”) authorizing him/her to engage in such business. The Board of Selectmen shall set the number of pedicab owner licenses available in any calendar year at will. b. Pedicabs must be registered to a residential address in the Town of Nantucket. c. The applicant must have already had the pedicab inspected by the Nantucket Police Department in advance of receiving a license each year and submit a form completed by the Police Department to the Board upon filing an application. d. No pedicab license shall be issued by the Board until the applicant has presented proof of the vehicle’s insurance, that the insurance policy covers no more than four passengers, including the driver, riding in the vehicle, and the applicant provides a Certificate of Vehicle Insurance naming the Town as an additional insured. e. An applicant shall set forth under oath all information that the Board may require, including but not limited to: (1) the full name, address and phone number of the owner; (2) the name and address of all legal and registered owners of the pedicab; (3) a description of the pedicab, including trade name, if any, serial number, and body style; and (4) physical address of pedicab storage. f. When a pedicab owner changes his/her address or the place at which a pedicab owned by him/her is kept, the owner shall notify the Board within three days of such change. g. All pedicabs shall have the business name and the business telephone number posted on rear of the cab in letters no less than three (3) inches high and one-half inch wide. All lettering must be in the form of painted or self-adhesive contrasting lettering (magnetic or other removable signs are not permitted). Deleted: issue no more than six (6) h. Hours of operation shall not exceed the hours of 6AM to 2AM daily. Hours of Operation for applicants less than 18 years of age will not exceed 10PM. i. Pedicab licenses shall be valid only during the calendar year for which they are issued. j. A license issued for any pedicab is not transferable. k. No placards, banners, or advertisements of any description will be permitted upon the outside of any pedicab without the approval of the Board. l. All pedicab operators shall maintain a neat and clean pedicab while on duty. m. The total Pedicab License fee is $100 per year per pedicab. n. The Nantucket Police Department under supervision of the Chief of Police is hereby designated as the enforcement agency of the Regulations and shall notify the Board of any violation thereof. Pedicab owners/operators shall comply with all Regulations. Any violation of the Board's Regulations or any state or local laws or by-laws may result in a suspension or revocation of the license. o. Pedicab owners shall notify the Board when operators leave the company. p. Owners/operators shall charge no fare for pedicab service; operators shall be paid through voluntary payments or tips from passengers only. q. No smoking is allowed in pedicabs at any time. r. Operating company will provide shift supervisor during evening hours and proof of radio contact upon request for juvenile manned shifts. §2. PEDICAB OPERATORS Pedicab operator licenses are issued by the Nantucket Police Department and applications shall be filed with the Police Department, 4 Fairgrounds Road, Nantucket. a. The applicant must be 18 years of age or older, or 16 years of age with written parental/guardian permission. b. The applicant must have a valid State driver's license and/or internationally approved driver’s license, and present a copy to the Board upon filing application. c. A certificate of physical fitness issued by a practicing physician shall be mandatory to accompany all new applications for a pedicab operator’s license. Deleted: drivers Deleted: ___ Deleted: plus the application fee of $___ Deleted: drivers d. Pedicab operator's license shall be valid only during the calendar year for which it is issued. e. When a pedicab operator changes his/her address, the operator shall notify the Board within three days of such change. f. A neat and clean appearance is expected of all pedicab operators while on duty. g. The total Pedicab Operator fee is $25 per year per operator. h. Pedicab operators shall not, when otherwise available for hire, refuse to transport anyone requesting a ride except under the following circumstances: 1. The transportation requested is such that the operator may not legally accept such passenger; 2. The proposed passenger is disorderly, engaged in the commission of any crime, or is otherwise unfit to be transported as a passenger. §3. OPERATING REGULATIONS A. It shall be unlawful for any person: a) To operate a pedicab while under the influence of alcoholic beverages or controlled substances other than medication prescribed by a physician. No operator shall operate a pedicab within four (4) hours of having consumed any alcoholic beverage. b) To operate a pedicab in any manner that impedes or blocks the normal or reasonable movement of pedestrian or vehicular traffic unless such operation is necessary for safe operation or in compliance with law. c) To operate, or cause to be operated, any pedicab upon or along any route unless the Board of Selectmen first approves such route. The Board shall approve a map designating a Pedicab Service Area which shall apply to this requirement. The Board may alter the map as it deems necessary. d) To operate, or cause to be operated at night a pedicab without using headlights and taillights. B. There shall be no more than four passengers, including operator, in a pedicab at any one time. Passengers being transported shall remain seated throughout the ride. C. The Board may suspend or revoke any pedicab license or operator’s license for failure to comply with these Regulations, state law or local bylaw. The Board shall provide notice and an opportunity for a hearing to licensees prior to taking any such action. The Deleted: drivers Deleted: $___ Deleted: plus the application fee of $___ Deleted: driver Deleted: 2. The driver has reasonable cause to believe that the proposed passenger will refuse to pay or cannot pay the fare; or¶3 Deleted: - Deleted: Deleted: disciplinary Board may suspend or revoke any pedicab license or operator’s license immediately at the Board’s discretion for public safety reasons. 421014