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HomeMy WebLinkAbout2023-07-11 OrdinancePrepared By:Susan Dulek, First Ass't. City Attorney Reviewed By:Kellie K. Fruehling, City Clerk Ashley Platz, Deputy City Clerk Geoff Fruin, City Manager Fiscal Impact:none Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Memo to City Council from City Clerk Email from Ben Snyder: Suggested ordinance changes Attachment to email with staff responses Ordinance Item Number: 10.a. July 11, 2023 Ordinance Amending Title 5, Entitled "Business and License Regulations," Chapter 2, Entitled “Taxicabs,” to define pedicabs separately from taxicabs. (Second Consideration) Executive Summary: The City Code currently includes pedicabs within the definition of taxicabs. Although the requirements to drive a pedicab and to own a pedicab business are largely the same as those for taxicabs that are motor vehicles, there are some notable differences. Including taxicabs within the definition of taxicab requires exceptions throughout the Code provisions to distinguish when the requirements differ. This ordinance places all the pedicab requirements in a separate provision from the motor vehicle provisions to make it easier for pedicab drivers, pedicab businesses, and the public to locate the requirements. Background / Analysis: A pedicab business contacted the City requesting certain changes to the requirements governing pedicabs. The business also pointed out a couple of provisions that did not apply to pedicabs (such as a taximeter), but simply due to an oversight were not excepted out from the requirements applicable to motor vehicles. When staff was considering the changes recommended by the pedicab business, staff concluded it would be more clear to pedicab owners, drivers, and the public if the provisions governing pedicabs were contained in a separate section of the Code from those regulating motor vehicles. Although the ordinance moves all the pedicab provisions to a new section, substantively the provisions governing pedicabs will not change except staff recommends the following four changes requested by the pedicab business: 1) pedicab businesses should not be required to maintain manifest logs; 2) pedicab business should not be required to have an office telephone number answerable 24/7; 3) drivers in training do not need prior approval of the City but cannot transport passengers; and 4) pedicab businesses should not be required to have a unique color scheme but the pedicabs need to look alike for purposes of identification by the public. The ordinance also prohibits the use of electronic cigarettes by drivers and passengers in taxicabs and pedicabs. Date:June 21, 2023 To:City Council From:Kellie Fruehling, City Clerk Re:Suggested Ordinance Changes – IC Recommended Pedicab Ordinances On April 6, 2023, City Council received an email from pedicab owner, Ben Snyder, regarding suggested changes to the City Code regarding pedicabs. When staff (City Manager’s office, Police Department, and City Clerk’s office) was considering the changes recommended by the pedicab business, they concluded it would be more clear to pedicab owners, drivers, and the public if the provisions governing pedicabs were contained in a separate section of the Code from those regulating motor vehicles, the proposed ordinance separates the two. Attached is the email and suggested changes with the staff responses underscore and in bold after each section. From:Ben Snyder To:*City Council Subject:Suggested Ordinance Changes Date:Thursday, April 6, 2023 12:19:25 PM Attachments:We sent you safe versions of your files.msg IC Reccomended Pedicab Ordinances.docx ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Good afternoon, I would like to recommend some changes to Pedicab Ordinances as outlined in the attached document. Please let me know if you have any questions, and thank you for being great public servants. Ben Snyder 319.350.7729 pedalpower.online 1 EMAIL FROM BEN SNYDER TO CITY COUNCIL DATED APRIL 6, 2023 (City staff responses are underscored and in bold) ********************* Yellow highlights indicate specific ordinances in question. Green highlights are my reccomendations for changes to the ordinance(s). Recommended ordinance addition Pedmall operation o It is recommended that pedicabs be allowed to operate on the Ped Mall under the following circumstances For disabled people to have access To build up the community development (Merge Space, the Graduate…etc) at speeds no more than 5 mph No change is recommended by City staff. Section 10-5-3 of the City Code does not allow use within the Plaza. PEDICAB: A vehicle propelled primarily by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or supplement the human power, but the pedicab cannot be propelled exclusively by the motor. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taximeter. I have been informed by the Clerk’s Office that in order to charge a variable rate based on distance / time I need to have a meter. Per the ordinance I do not. A taximeter for a pedicab is difficult due to space, lack of power, and connectivity during busy events. I recommend to stick with the ordinance. I have been told by the clerks office that I only need one mirror. This seems adequate. In addition I have been told that turn signals are not necessary. This is a technical hurdle for a pedicab and I support striking this from the ordinance. Especially when hand signals work well for bicycles. No change is recommended by City staff due to the safety and welfare of pedicab drivers and their passengers. 5-2-2: BUSINESS LICENSES: E. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the City Clerk. (Ord. 15-4608, 2-9-2015) Recommend an exemption to this for training current and prospective employees if the ordinance is to stay. Staff agrees with the recommendation that drivers in training do not need prior approval of the City on the condition they cannot transport passengers 2 Pedal Power doesn’t always operate as taxi. Sometimes we are hired by private parties and we also produce our own events. Business may operate with a signed contract 24 hours in advance of the event. Recommend that the requirements and process for driver applicants be eliminated or streamlined. a. Des Moines and Cedar Rapids do not require pedicab driver applications. i. Cedar Rapids does require a background check to be made by the company an held on file No change is recommended by City staff due to the safety and welfare of passengers. ii. The approval process and timeline by ICPD and Clerk’s Office creates up to a two week window of uncertainty. A company can lose a prospective employee or need to fill work hours with an employee until approved b. Have more than one officer dedicated to review driver applications in case one is off duty c. Have a clear way to track documents dropped off to ICPD and approval notification d. Have a transparent and consistent process of how an approved driver is notified and their information sent to Clerk from PD This is an administrative process and does not require an ordinance change. e. Full name and picture ID of drivers i. Creates potential stalking issues ii. Pedicabs are not traditional taxis – our cabs are incredibly visible / conspicuous, lack doors that could entrap a customer, unable to travel large distances, and primarly operate around large crowds f. Certified driving records and background checks required for drivers may not always be obtainable for employees (students) who list their address in a different state than Iowa. g. Pedicabs by design do not always have the space for ID cards of specified size, and a breeze or elements can blow ID cards out of their slots No change is recommended by City staff due to the safety and welfare of passengers. h. Create better online forms and submission of all documents to be more efficient, clear, and to help the environment This is an administrative process and does not require an ordinance change. G. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise. Manifest logs must be maintained and accessible to the City for a minimum of sixty (60) days. (Ord. 15-4608, 2-9-2015) It is unclear if this applies to pedicabs. 3 By the City not requiring a meter for cabs it makes having a manifest difficult due to a lack of input information. Again by design pedicabs do not have the physical space or electrical charging capacity to maintain a manifest log. And by the area’s served and function pedicabs do not transport people in the way a traditional cab does. There is no city reference to required specific manifest log data Staff recommends this section be removed for pedicabs. 5-2-3: ACCESSIBILITY OF RECORDS: A. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, for a minimum of sixty (60) days. The manifest logs shall be accessible to the City during the sixty (60) day period. (Ord. 15-4608, 2-9-2015) See above Staff recommends this section be removed for pedicabs. 5-2-4: DRIVER REQUIREMENTS: A. No person shall operate a taxicab without authorization of the City Clerk. B. 1. Each person desiring to drive a taxicab shall file an application with the City Clerk. 2. If the City Clerk finds that the applicant has fully complied with the requirements of this chapter and the Police Chief or Chief's designee has determined that there is no information which would indicate that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the City, the City Clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will be made available in the Office of the City Clerk during regular business hours and on the City website. 3. Driver authorization shall be valid for a period of one year from date of issuance. C. 1. Beginning March 1, 2015, each driver while operating a taxicab, which includes a prearranged ride, shall prominently display in locations in both the front and rear compartments a picture identification card that is visible to all passengers. The City shall provide the picture identification card and shall approve the locations where it is displayed. 2. Prior to March 1, 2015, each driver while operating a taxicab in the City, shall prominently display in locations in both the front and rear compartments an identification card that is visible to all passengers which is issued by the taxicab business showing the full name of the driver and the taxicab business. The card must be at least eight and one-half inches (81/2") in width and five and one-half inches (51/2") in height. The City issued identification card satisfies this provision. See above No change is recommended by City staff due to the safety and welfare of passengers. 5-2-5: VEHICLE REQUIREMENTS: A. Except as provided herein, each taxicab shall be subject to an annual inspection, and no taxicab shall pass inspection unless it complies with this chapter, the vehicle equipment requirements of the Code of Iowa, and administrative rules. 4 B. The City may require reinspection of a taxicab on belief that it is not mechanically fit. 1. In the event any taxicab is determined by the City Equipment Superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the City Clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by Council resolution. 2. The Police Chief or designee may require reinspection of a taxicab on belief that it is in such unsafe condition as to endanger any person. In the event any taxicab is determined by the Police Chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the City Clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by Council resolution. 3. In the event any network taxicab is determined by the City Equipment Superintendent or designee not to be mechanically fit, the City shall notify the network representative, and the network representative must immediately deny the driver access to the network's system. After reinspection and determination that the taxicab meets the standards of mechanical fitness, the City shall notify the network representative and the driver may be allowed access to the network's system. Recommend that the city allows local bicycle shops to insect the vehicle given their expertise on this specific type of vehicle. This would allow for easier appointments for time management for pedicab companies and transport. No change is recommended by City staff. The local shops would need to be trained on the City requirements, and having City staff inspect ensures all pedicabs are uniformly inspected. C. In order to solicit passengers, be hailed, or be dispatched to a passenger, a metered taxicab business and driver, and pedicabs and horsedrawn vehicles as applicable, must meet the following requirements: 1. Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order. Contradicts pedicab definition A taximeter is not required for pedicabs. Clarification of this will be made with the ordinance change. 2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least four and one-half inches (41/2") in height. Removable signs and peel off letters shall not be allowed. If a phone number is provided, the number shall be the same number that appears on the taxicab business application and rate card. All other letters and numbers shall not be greater than three inches (3") in height. Lettering may be allowed on a window, if approved by the City Equipment Superintendent or designee. Notwithstanding any provision herein, the lettering requirements for pedicabs shall be set by administrative rule. Pedicabs vary by model and do not always have space to meet this lettering size Coralville, Des Moines and Cedar Rapids do not require letter size requirements 5 o Pedicabs are more unique and do not have similarities that traditional taxis have. Nor can they be confused with general traffic in case of needing to be found and identified. o I recommend doing away with the decal requirement as the Police Department is able to access this information at any time. It is recommended that the size requirement be eliminated or… o Set to a percentage of side panel size and / or allowed to be displayed in areas with more space on the vehicle such as the rear or in the triangular frame o Allow different models to have differently sized and shaped panels as long as they are aesthetically similar. No change is recommended by City staff. Pedicab lettering is set by administrative rule (AR-6). The business name is 3-1/2” and all other numbers or lettering shall not be great than 3” in height and a minimum of 2” in height. 2. Color Scheme: Beginning June 1, 2015, all metered taxicabs must have a unique and distinctive color scheme and design, which must be approved by the City. o There is no clear definition of color scheme. The Clerk’s office has stated that no changes can be made to a pedicab down to miniscule details that on a traditional taxi would be trivial. o Traditional taxis can have their color altered easily. To change the color of a pedicab it hasa to be completely stripped down to the frame and the whole vehicle has to be reassembled. This is cost and time prohibitive for a small business pedicab company that functions slightly differently than traditional taxis. o Pedicabs by the Clerk’s definition may not adhere to the color scheme if they have a removable canopy, lights, or advertisements that interchange o It is recommended that this stipulation only be applicable to the frame color and outside panels. Staff recommends pedicab businesses should not be required to have a unique color scheme but the pedicabs need to look alike for purposes of identification by the public. 5-2-6: DECALS: A. Each taxicab business shall file an application for a decal for each taxicab with the City Clerk on forms provided by the City. B. No person shall operate a taxicab on any street unless a decal has been issued by the City Clerk, and no taxicab business shall allow a taxicab to be operated on any street unless a decal has been issued by the City Clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the taxicab. See above Major cities in Iowa either do not issue a pedicab decal or in the rare cases they do they do not require a specific location of placement Decals are very hard to find space for on a pedicab with small rounded or square bars Decals provided by the city are window clings and thus do not attach to windowless pedicabs 6 It is recommended that decals be eliminated or kept in a safe spot within the cab so wind and chassis fixtures to not let it come loose. No change is recommended by City staff. Decals have been changed to a sticker for pedicabs as opposed to the window cling for taxicabs. is Prepared by: Susan Dulek, First Ass't.City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 Ordinance No. 23-4905 Ordinance Amending Title 5, Entitled "Business and License Regulations," Chapter 2, Entitled "Taxicabs," to define pedicabs separately from taxicabs. Whereas, the City Code currently includes pedicabs within the definition of taxicabs; Whereas, although the requirements to drive a pedicab and to own a pedicab business are largely the same as those for taxicabs that are motor vehicles, there are some notable differences; and Whereas, including pedicabs within the definition of taxicab requires exceptions throughout the Code provisions to distinguish when pedicab requirements differ from motor vehicles; and Whereas, having the pedicab provisions located in a separate provision from the motor vehicle provisions will make it easier for pedicab drivers, pedicab businesses, and the public to locate the requirements; and Whereas, it is in the best interest of the city to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is amended by adding the following underscore text to the title of Chapter 2: Taxicabs and Pedicabs. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 1, entitled "Definitions" is amended by adding the underlined text and deleting the strike through text as follows: Applicant: A person or entity wishing to operate as a taxicab or pedicab business within the corporate city limits or a person wishing to drive a taxicab or pedicab. Decal: A sticker issued by the city clerk for each taxicab or pedicab operated by a taxicab or pedicab business. Driver: A person who is authorized by the city to drive a taxicab or pedicab. License: Written permission by the City to operate a taxicab or pedicab business. Metered Taxicab: A taxicab in which the taxicab business dispatches a driver to a passenger or the driver responds to a passenger via traditional street hail, including hand gestures and verbal statements. A metered taxicab does not include a pedicab or horsedrawn vehicle. Metered Taxicab Business: A taxicab business that operates at least one taxi by means of dispatching drivers and/or by means of traditional street hail, including hand gestures and verbal statements. A metered taxicab business does not include taxicab services provided by pedicabs and horsedrawn vehicles. Passenger: An individual being transported by a taxicab or pedicab business. Pedicab Business: A person or entity that provides pedicab services originating within the corporate limits of the City of Iowa City. Taxicab: All vehicles furnished with a driver that carry passengers for hire within the City, including, but not limited to, metered taxicabs, network taxicabs, pedicabs, and horsedrawn vehicles. "Charter transportation," "pedicab," and "airport shuttle", as Ordinance No. 23-4905 Page 2 defined in this section, and a vehicle owned or operated by any governmental entity that provides public transportation are not taxicabs. 3. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 2, entitled "Business Licenses," Subsections A and F are amended by deleting the strike through text and adding the underscore text as follows: A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. F. The license may be sold, assigned, or transferred if the buyer, assignee, or transferee, as applicable, meets all the requirements of this chapter an applicant must meet. 4. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 4, entitled "Driver Requirements," Subsection D is amended by adding the underscore text as follows: D. No driver shall smoke or use an electronic cigarette while transporting a passenger. No driver shall allow a passenger to smoke or use an electronic cigarette. "Electronic cigarette" means vapor product as defined in section 453A.1 of the Code of Iowa. 5. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 5, entitled "Vehicle Requirements," Subsection and D are amended by deleting the strike through text as follows: C.2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least four and one-half inches (41/2") in height. Removable signs and peel off letters shall not be allowed. If a phone number is provided, the number shall be the same number that appears on the taxicab business application and rate card. All other letters and numbers shall not be greater than three inches (3") in height. Lettering may be allowed on a window, if approved by the City Equipment Superintendent or designee. provision herein, the lettering requirements for pedicabs shall be set by administrative rule. D. Except for pedicabs-and horsedrawn vehicles, each taxicab business shall provide a minimum of two (2)taxicabs, and one taxicab shall be in operation at all times. At least two (2) taxicabs shall be insured and shall have a decal at all times. 6. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 6, entitled "Decals," Subsections B and I are amended by deleting the strike through text as follows: B. No person shall operate a taxicab on any street unless a decal has been issued by the City Clerk, and no taxicab business shall allow a taxicab to be operated on any street unless a decal has been issued by the City Clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the taxicab. I. No person shall operate a motorized vehicle or;a horsedrawn vehicle, or a pedicab that has a decal attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to, the following situations: 1) the decal is outdated; 2) the insurance for the taxicab as required in this chapter has been canceled or otherwise terminated; or 3) the taxicab business has notified the City Clerk that the vehicle is no longer part of its fleet. Ordinance No. 23-4905 Page 3 7. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 7, entitled "Liability Insurance Requirements," Subsection E is amended by adding the underscore text as follows: E. Insurance coverage for the driver of a network taxicab shall, at a minimum, be for incidents involving the driver during a prearranged ride and shall provide coverage at all times the driver is engaged in a prearranged ride. Insurance coverage of a metered taxicab, which is not titled in the name of the business, shall be for incidents involving the driver when the vehicle is operated as a taxicab and shall provide coverage at all times a driver is operating the taxicab. Insurance coverage of a metered taxicab, which is titled in the name of the business, and pedicabs and horsedrawn vehicles;shall be for all incidents. 8. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," is amended by renumbering Sections 10, 11, 12, and 13 as Sections 11, 12, 13, and 14 respectively. 9. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," is amended by adding the following underscore text and numbering it Section 10 entitled "Pedicabs": Business Licenses: A. Pedicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year and shall expire on May 31. B. Each applicant for a pedicab business license shall file an application with the City Clerk on forms provided by the City. C. If the City Clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from Municipal infraction citations, and the Police Chief or Chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the City, the City Clerk shall issue a license to conduct a pedicab business. D. If the City Clerk subsequently finds that the pedicab business is not in full compliance with the requirements of this chapter or if the Police Chief or Chiefs designee finds that continued operation of the pedicab business would be detrimental to the safety, health or welfare of residents of the City, the City Clerk may revoke or suspend the license to conduct a pedicab business as provided in section 5-1-5 of this title. E. No pedicab business shall allow a person to drive a pedicab unless the driver has the authorization of the City Clerk except to train current or prospective employees without passengers. F. The license may be sold, assigned, or transferred if the buyer, assignee, or transferee, as applicable, meets all the requirements of this chapter an applicant must meet. Driver Requirements: • A. No person shall operate a pedicab without authorization of the City Clerk. B. 1. Each person desiring to drive a pedicab shall file an application with the City Clerk. 2. If the City Clerk finds that the applicant has fully complied with the requirements of this chapter and the Police Chief or Chiefs designee has determined that there is no information which would indicate that authorization to drive a pedicab would be detrimental to the safety, health or welfare of residents of the City, the City Clerk shall authorize the individual to drive a pedicab. Names of authorized drivers will be made available in the Office of the City Clerk Ordinance No. 23-4905 Page 4 during regular business hours and on the City website. 3. Driver authorization shall be valid for a period of one year from date of issuance. C. Each driver while operating a pedicab shall prominently display in locations directly in front of the passengers a picture identification card that is visible to all passengers. The City shall provide the picture identification card and shall approve the locations where it is displayed. D. No driver shall smoke or use an electronic cigarette while transporting a passenger. No driver shall allow a passenger to smoke or use e-cigarette. "Electronic cigarette" means vapor product as defined in section 453A.1 of the Code of Iowa. Pedicab Requirements: A. Each pedicab shall be subject to an annual inspection, and no pedicab shall pass inspection unless it complies with this chapter, the pedicab equipment requirements of the Code of Iowa and administrative rules. B. The City may require reinspection of a pedicab on belief that it is not mechanically fit. 1. In the event any pedicab is determined by the City Equipment Superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the City Clerk. After reinspection and determination that the pedicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by Council resolution. 2. The Police Chief or designee may require reinspection of a pedicab on belief that it is in such unsafe condition as to endanger any person. In the event any pedicab is determined by the Police Chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the City Clerk. After reinspection and determination that the pedicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by Council resolution. C. The lettering requirements for pedicabs shall be set by administrative rule. The pedicabs of each pedicab business shall be substantially similar in color and design, which must be approved by the City. Decals: A. Each pedicab business shall file an application for a decal for each pedicab with the City Clerk on forms provided by the City. B. No person shall operate a pedicab on any street unless a decal has been issued by the City Clerk, and no pedicab business shall allow a pedicab to be operated on any street unless a decal has been issued by the City Clerk. Pedicabs shall display the decal on the left rear of the pedicab. C. If the City Clerk finds that the pedicab business has fully complied with the requirements of this chapter and the City Equipment Superintendent or designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the City, the City Clerk shall issue a decal for the pedicab. D. The decal shall be nontransferable as between pedicabs and pedicab businesses. E. Decals will be issued by the City Clerk on the next business day at least twenty four(24) hours after the filing of a completed application for such decal with the City Clerk. F. The pedicab business shall return the decal within two (2) business days of when the vehicle is no longer operating as a pedicab. Failure to comply with this provision is grounds to suspend and revoke the pedicab business license. G. No person shall operate a pedicab that has a decal attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to, the following situations: 1) the decal is outdated; or 2) the insurance for the taxicab as required in this chapter has been canceled or otherwise terminated. Ordinance No. 23-4905 Page 5 Liability Insurance Requirements: A. The pedicab business shall insure each driver consistent with the requirements of this chapter. B. The minimum limits of the insurance policy shall be determined by the City's risk manager. C. The pedicab business shall file with the City Clerk evidence of liability insurance coverage in the form of one certificate of insurance that lists all pedicabs insured. The certificate of insurance must be acceptable to the City. D. The insurance company must be authorized to do insurance business in the State of Iowa and be acceptable to the City. E. Insurance shall be for all incidents. F. Notwithstanding section 5-1-5 of this title, the cancellation or other termination of an insurance policy required by this chapter shall automatically suspend the business license. The City Clerk shall immediately issue written notification to the pedicab business of the suspension of the license. The City Clerk will schedule a suspension hearing before the City Manager or designee in the same manner as in section 5-1-5 of this title. If the pedicab business obtains insurance coverage that complies with this chapter prior to the hearing on the suspension, the City Clerk may withdraw the suspension and cancel the hearing. Upon the City Clerk suspending the license, the pedicab business shall return all decals to the City Clerk. If the suspension of the business license is subsequently withdrawn, the pedicab business must apply for new decals in accordance with the terms of this chapter and at its expense. Rates: A. Rates shall be either: 1. a flat fee based on the number of passengers regardless of distance or time; or 2. a fee structure approved by the City. B. Pedicab businesses and drivers shall provide rate information to all passengers by means of a rate card that is prominently displayed to all passenger seats and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the City Clerk. Whenever the pedicab business desires to change the rate charged, the pedicab business shall file a rate card with the City Clerk setting forth the new rates. C. No pedicab business or driver shall charge a fare exceeding the amount communicated to passengers through the rate card. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 11th day of July , 2023. Ma Attest: City lerk Approved by City Attorney's O ice (Sue Dulek-06/14/23) Ordinance No. 23-4905 Page 6 It was moved by Dunn and seconded by Taylor that the Ordinance as read be adopted and upon roll call there were: Ayes: Nays: Absent Abstain X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas First Consideration: 06/20/2023 Vote for passage: AYES: Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration: Vote for passage Date published 07/20/2Q73 Moved by Taylor, seconded by Bergus, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: Alter Prepared By:Kellie Fruehling, City Clerk Reviewed By:Eric Goers, City Attorney Fiscal Impact:None. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Ordinance Item Number: 10.b. July 11, 2023 Ordinance to Adopt the Code of Ordinances of the City of Iowa City, Iowa, 2023, aka "The City Code." (First Consideration) Executive Summary: Code of Iowa requires that at least once every five years a city shall adopt a code of ordinances. Background / Analysis: July 17th, 2018 the City Council adopted the City Code of Iowa City, Iowa. The City adds new ordinances and amendments upon passage by supplementation to the City Code itself and a proposed code of ordinances contains only existing ordinances which have been edited and compiled without substantive changes, the council may adopt such code without notice of public hearing. It is now appropriate to adopt a code of compiled and existing ordinances under the statute, without any substantive changes proposed. Io ,h Prepared by: Kellie Fruehling, City Clerk, 410 E.Washington Street, Iowa City, IA 52240; 319-356-5041 Ordinance No. Ordinance to Adopt the Code of Ordinances of the City of Iowa City, Iowa, 2023, AKA "The City Code." Whereas, Section 380.8 of the Code of Iowa, 2023, requires that at least once every five years a city shall adopt a code of ordinances; and, Whereas, on July 17th, 2018, the City Council adopted the City Code of Iowa City, Iowa; and Whereas, the City of Iowa City adds new ordinances and amendments upon passage by supplementation to the City Code itself; and Whereas, if a proposed code of ordinances contains only existing ordinances which have been edited and compiled without substantive changes, the council may adopt such code by ordinance without the necessity of a public hearing; and Whereas, it is now appropriate to adopt a code of compiled and existing ordinances under the statute, without any substantive changes proposed. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. From and after the date of passage of this Ordinance, the City Code of the City of Iowa City, Iowa, prepared by American Legal Publishing, containing compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of,the governing body of the City, shall be accepted in all courts without question as the Official Code and Law of the City as enacted by the City Council, and shall hereafter be referred to as "The City Code." Section II. It is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service provided by American Legal Publishing, whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, a copy of which shall be maintained in the office of the City Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open. Section III. It shall be unlawful for any person, firm or corporation to change or amend, by additions or deletions, any part or portion of the City Code, or to insert or delete pages or portions thereof, or to alter or tamper with the City Code in any manner to cause the law of the City to be misrepresented. Ordinance No. Page 2 Section IV. All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. Section V. A code of ordinances, containing only the current and existing ordinances edited and compiled without change in substance, shall be and hereby is adopted as the City Code, 2023. Passed and approved this day of , 2023. Mayor Attest: City Clerk Approved by City Attorney's Office—06/27/23 It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration 07/11/2023 Vote for passage: AYES: Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: Alter Second Consideration Vote for passage: Date published