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
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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
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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
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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.
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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.
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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
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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
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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