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Ordinance Amending Various Portions of Chapter 4, Article V of the Wilmington City Code to Include Additional Provisions Regulating Commercial Pedal Vehicles for Hire
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LEGISLATIVE INTENT/PURPOSE:
WHEREAS, Wilmington City Charter §27.2 and N.C.G.S. §160A-304 authorize City Council to license and regulate by ordinance all vehicles for hire operated in the City; and,
WHEREAS, commercial pedal vehicles for hire are not currently specifically regulated as as a separate class of vehicles for hire under Article V of Chapter 4 of the City Code; and,
WHEREAS, due to the high volume of pedestrians, bicycles, and vehicular traffic in the City, it is necessary to regulate the operation of commercial pedal vehicles for hire within the City in order to provide citizens and visitors the opportunity to enjoy commercial pedal vehicles for hire, while protecting the public interest; and,
WHEREAS, the proposed City Code provisions will set out requirements for these unique vehicles for hire, including operating restrictions and conditions, and the total number of commercial pedal vehicles for hire will be capped.
THEREFORE, BE IT ORDAINED:
SECTION 1: Chapter 4, Article V, of the City Code is hereby amended to add chronologically a new Division 5, to be entitled “Commercial Pedal Vehicles for Hire” which shall read as follows:
“DIVISION 5. COMMERCIAL PEDAL VEHICLES FOR HIRE
In addition to all other requirements in this article, commercial pedal vehicles for hire are also subject to all restrictions and requirements of this division.
Sec. 4-217. Markings for commercial pedal vehicles for hire.
(a) Every commercial pedal vehicle for hire within the City of Wilmington shall have a sign plainly affixed to each side of the commercial pedal vehicle for hire or, if space is limited on the sides, then on the rear of the vehicle, in letters not less than four (4) inches high, markings containing the full name of the commercial pedal vehicle for hire business operating the commercial pedal vehicle for hire.
(b) There shall be affixed on each side and on the rear of each commercial pedal vehicle for hire a number at least six (6) inches high, the number to be a separate and distinct number from that on any other vehicle for hire within the city. The number shall be assigned to such commercial pedal vehicle for hire by the city manager or his designee and shall not be altered or changed without the consent of the city manager or his designee.
Sec. 4-218. Additional requirements.
(a) No commercial pedal vehicle for hire shall be operated on any portion of any City street where the speed limit on that portion of the street is greater than thirty-five (35) m.p.h.
(b) No commercial pedal vehicle for hire shall be operated on City streets between the hours of 12:00 a.m. and 10:00 a.m. on any day.
(c) It shall be unlawful for any commercial pedal vehicle for hire to willfully impede the normal flow of traffic on any City street, alley, or thoroughfare at any time. Commercial pedal vehicle for hire drivers shall, as soon as it can be done safely, pull to the nearest curb area when two (2) or more vehicles are unable to safely pass or continue in normal traffic flow.
(d) No commercial pedal vehicle for hire shall be operated on any portion of any City street until the City Manager or his designee has approved the proposed route.
(e) No music or amplified sound shall be played, nor yelling or conversation be conducted, in such a manner that the sound of which carries to points of habitation or adjacent properties and is audible above the level of conversational speech at a distance of fifty (50) feet or more from the point of origin of the sound.
(f) Commercial pedal vehicle for hire drivers shall comply with applicable state laws and regulations, and all applicable city ordinances.
Sec. 4-219. Operational safety requirements.
(a) Commercial pedal vehicle for hire businesses shall be permitted to allow consumption of beer and unfortified wine during commercial pedal vehicle tours only over the streets that are approved by the City Manager or his designee. No other alcoholic beverages or spirituous liquors are allowed on board of a commercial pedal vehicle for hire.
(b) Commercial pedal vehicle for hire businesses will limit the number of servings of beer and/or unfortified wine served while on the vehicle to three (3) per person.
(c) Commercial pedal vehicle for hire drivers will not permit customers to enter or exit the commercial pedal vehicle for hire with an open container of beer or unfortified wine.
(d) Commercial pedal vehicle for hire drivers shall require all customers wishing to consume beer or unfortified wine during the tour to present valid identification with proof of age.
(e) Commercial pedal vehicle for hire businesses will ensure all commercial pedal vehicle for hire drivers are trained to carefully inspect all identification and reject any identification which is deemed to be fraudulent, including ensuring no service to minors.
(f) No glassware of any kind shall be allowed on a commercial pedal vehicle for hire, including but not limited to bottles, receptacles, or drinking glasses.
(g) No commercial pedal vehicle for hire driver shall consume any alcoholic beverages while on duty or operate a commercial pedal vehicle for hire while consuming an alcoholic beverage.”
SECTION 2: The language of Chapter 4, Article V, Sec. 4-176 of the Wilmington City Code, entitled “Definitions” is hereby amended to read as follows:
“Sec. 4-176. - Definitions
For the purposes of this article, the following words and phrases shall have the following meanings:
Bus. A motor vehicle (not under the exclusive jurisdiction of the Utilities Commission) which has the capacity to transport more than nine (9) passengers, for hire at a fixed rate on regular routes, with a fixed schedule or between fixed terminals on the streets of the City. A van, trolley or jitney with the capacity to transport more than nine (9) persons shall be classified as a bus.
City Manager. The Wilmington City Manager or his/her designee.
Commercial Pedal Vehicle for Hire. A pedal car with a motor assist with four or more wheels, bicycle-like vehicle that can be human powered, transports passengers on bicycle-like seats and can be propelled by five or more passengers not including the operator. A pedal car may have a maximum length of 20 feet, a maximum width of eight feet six inches, and a maximum height of 12 feet.
Commercial Pedal Vehicle for Hire Business. The business of operating one or more commercial pedal vehicles for hire for profit or not-for-profit.
Commercial Pedal Vehicle for Hire Driver. Any person who is responsible for the safe operation of a commercial pedal vehicle for hire, including but not limited to the steering, braking, or maintaining compliance with all state and local traffic regulations.
Horse-drawn Vehicles for Hire. Any hack, carriage, wagon or similar vehicle which is operated by being drawn by a horse or mule or other beast of burden, for the transportation for hire of passengers.
Limousine. A motor vehicle for hire with the capacity to seat no more than nine (9) persons, which does not accept passengers indiscriminately between points and along streets, provided that compensation is not computed by means of a taximeter. A van with the capacity to seat no more than nine (9) persons shall be classified as a limousine.
Pedicabs. A cycle with three or more wheels operated by one person for the purpose of, or capable of, transporting passengers for hire in seats or on a platform made part of the pedicab.
Rickshaw. A two-wheeled vehicle pulled by one person for the purpose of, or capable of, transporting not more than two passengers for hire.
Taxicab. A motor vehicle for hire which transports passengers for a fare, which fare is determined in whole or in part, by a measurement to be made during the trip, of the distance over which the passenger is transported.
Taximeter. A mechanical instrument or device by which the charge for the hire of a taxicab at a predetermined rate is mechanically calculated and registered for the distance traveled and for the waiting time separately and upon such which such charge shall be indicated by means of figures.
Tour service motor vehicle. A motor vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire through any part of the City when the primary purpose of riding in such vehicle is not transportation but touring and sightseeing.
Vehicle for hire. Any motor vehicle, horse-drawn vehicle or other vehicle or device designed or used for the transportation of passengers for hire, the charges for which are determined by agreement, mileage or by the length of time for which the vehicle is engaged. As used in this article a vehicle for hire does not include:
(1) School buses;
(2) Vehicles used or operated under the control of the United States, the State of North Carolina or any political subdivision of the State of North Carolina;
(3) Vehicles used for ride-sharing programs on a nonprofit basis;
(4) Vehicles used for commuter services operated by an employer for the exclusive use of its employees;
(5) Vehicles used as ambulances;
(6) Vehicles used by the Cape Fear Public Transportation Authority.
(7) Vehicles without a taximeter that are used exclusively to provide transportation for persons with a mental or physical disability or illness, older adults, or persons who require nonemergency medical treatment and that are operated by a non-profit corporation or a state or local social service agency;
(8) Vehicles which are the subject of a cost sharing arrangement between passengers and drivers, which arrangements are not designed to generate a profit;
(9) Vehicles providing shuttle transportation of passengers to or from prescribed locations such as hotels, motels, shopping centers, business or commercial buildings, factories or theaters pursuant to a contract with a business at the prescribed location where the passengers are not charged a fee and passengers are not accepted or discharged indiscriminately between prescribed locations; and
(10) Vehicles excluded from the city's regulatory authority by state law, including vehicles regulated by the Utilities Commission under the provisions of G.S. 62-260.
Vehicle for hire license or license. The license issued to any person who is the owner or operator of any vehicle for hire under this article.
Vehicle for hire driver's permit. A permit by which authority is granted to a person to drive any vehicle for hire under this article.
Waiting time: The time consumed while a taxicab is not in motion at the direction of a passenger and also the time consumed while the driver is waiting for a passenger after having responded to a call, but not the time consumed by a premature response or for the first three (3) minutes following timely arrival in response to the call or for delay caused by traffic interruption or the inefficiency of the taxicab or its driver.”
SECTION 3: The language of Chapter 4, Article V, Sec. 4-179 of the Wilmington City Code, entitled “Maximum number of licenses.” is hereby amended to read as follows:
“Sec. 4-179. - Maximum number of licenses.
The vehicles for hire required to meet the requirements for the convenience and necessity of the public are as follows:
155 taxicabs;
10 buses, trolleys or jitneys;
50 limousines;
22 pedicabs or rickshaws; and
6 commercial pedal vehicles for hire
No license to operate vehicles for hire in the city shall be issued until the total number of licenses outstanding for the operation of such category of vehicles for hire has been reduced below the maximum set forth hereinabove. The maximum number of licenses for horse-drawn vehicles for hire has been removed, but additional regulations on operation are listed below in Division 4 of this article.”
SECTION 4: All resolutions, ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 5: If any section, subsection, paragraph, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portion thereof. City Council hereby declares that it would have passed this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof irrespective of the fact that any section, subsection, paragraph, sentence, clause, phrase, or portion be declared invalid.
SECTION 6: This ordinance shall be effective upon adoption, with any current commercial pedal vehicles for hire having a thirty (30) day period from the effective date to come into compliance with this resolution.