http://library1.municode.com:80/3849/template.htm?view=browse&doc_action=setdoc&doc_keytype=tocid&doc_key=625c377cdb67cf1d7f676f7880db3ced&infobase=13485

ARTICLE XI.  PEDICABS

Sec. 23-120.  Definitions.
In this article, unless the context otherwise requires:
1.   Bicycle  means a device that is propelled by human power and on which a person may ride and that has either: 
a.   Two tandem wheels, either of which is more than sixteen inches in diameter.
b.   Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.
2.   Daytime  means the period between sunrise and sunset. 
3.   For hire  means to provide, or offer to provide, a service in exchange for any form of payment, whether monetary or otherwise, or gratuity. 
4.   Knowingly  means, with respect to conduct or a circumstance described in this article, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission. 
5.   Motorized electric  or  gas powered bicycle  or  tricycle  means a bicycle or tricycle that is equipped with a helper motor. 
6.   Nighttime  means the period between sunset and sunrise. 
7.   Operator  means the person who is in actual physical control of the pedicab. 
8.   Pedicab  means either a bicycle or a motorized electric or gas powered bicycle or tricycle that transports or is held out to the public as available to transport passengers for hire, including a bicycle or a motorized electric or gas powered bicycle or tricycle that pulls, or to which is attached, a trailer, sidecar, or similar device. 
9.   Person  means a corporation, firm, partnership, limited liability company, association, organization and any other group acting as a unit, as well as an individual. 
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-121.  Fares.
A.   It is unlawful for the operator of a pedicab to charge a passenger a fare that was not agreed upon with the passenger in advance.
B.   It is unlawful for the operator of a pedicab to demand a fare from a passenger after agreeing to provide the service for a gratuity only.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-122.  Pedicab lighting and reflectors.
It is unlawful for any person to operate, or cause to be operated, a pedicab that is not:
1.   Using a lamp on the front that emits a white light visible from a distance of at least one hundred feet to the front during daytime.
2.   Using a lamp on the front that emits a white light visible from a distance of at least five hundred feet to the front during nighttime.
3.   Using a red reflector on the rear of a type approved by the Arizona State Department of Transportation that is visible from all distances from fifty feet to three hundred feet to the rear when the reflector is directly in front of lawful upper beams of head lamps on a motor vehicle during nighttime.
4.   Using one lamp that emits a red light visible from a distance of five hundred feet to the rear during nighttime.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-123.  Pedicab brakes.
It is unlawful for any person to operate, or cause to be operated, a pedicab that is not equipped with a braking system that is capable of skidding each wheel in contact with the ground on dry, level, clean pavement by the operator from his normal position of operation.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-124.  Pedicab mirrors.
It is unlawful for any person to operate, or cause to be operated, a pedicab that is not equipped with a mirror located in a manner to reflect to the operator a view of the road for a distance of at least two hundred feet to the rear.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-125.  Pedicab trailer; limitation on number.
It is unlawful to operate a pedicab with more than one attached trailer, sidecar or similar device.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-126.  Pedicab width.
It is unlawful to operate a pedicab that is wider than 54 inches at its widest point.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-127.  Pedicab condition.
A.   It is unlawful for any person to operate, or cause to be operated, a pedicab that is not in good working order.
B.   It is unlawful for any person to operate a pedicab that has:
1.   Exposed rust.
2.   Ripped upholstery or fabric.
3.   Visible chips or scratches on any painted surface.
4.   Exposed wood that is not painted and in good condition.
5.   Dirt or debris on any surface accessible to patrons.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-128.  Pedicab operation.
A.   It is unlawful for any person propelling a pedicab to ride other than on or astride a permanent and regular seat attached to the pedicab.
B.   It is unlawful for any person propelling a pedicab to carry at any one time a number of persons in excess of the number of seats available, provided that a passenger under five years of age shall not be considered a person for purposes of this subsection.
C.   It is unlawful for any person to operate a pedicab in a manner that results in damage to public property.
D.   It is unlawful for any person operating a pedicab to fail to exercise due care to avoid colliding with a pedestrian on any roadway or sidewalk.
E.   It is unlawful for any person to operate a pedicab equipped with a siren or whistle.
F.   It is unlawful for any person operating a pedicab to knowingly permit a person riding on a bicycle, coaster, sled, toy vehicle or roller skates to attach the bicycle, coaster, sled, toy vehicle, roller skates or that person to the pedicab.
G.   It is unlawful for any person to operate a pedicab while carrying a package, bundle or article if the package, bundle or article prevents the operator from keeping at least one hand on the handlebars.
H.   It is unlawful for any person to knowingly operate a motorized electric or gas powered bicycle or tricycle on any street or adjoining sidewalk that has been closed by the Police Department to general motor vehicle traffic by barricade or similar barrier while the helper motor is in operation.
I.   It is unlawful for any person to operate a pedicab on a street with a posted speed limit of 35 miles per hour or greater, except for the purpose of crossing that street.
J.   It is unlawful for any person, while operating a pedicab, to stop on a street with a posted speed limit of 35 miles per hour or greater in order to pick up or drop off passengers.
K.   It is unlawful for any person, while operating a pedicab, to obstruct the flow of pedestrian traffic by remaining stopped on a sidewalk, except for the time period necessary to pick up or drop off passengers.
L.   It is unlawful to operate a pedicab that does not have a clearly visible manufacturer's serial or identification number. In the case of a pedicab that is not of unibody design, it is sufficient for purposes of this subsection that either the operator's portion or the passenger's portion of the pedicab contain the manufacturer's serial or identification number.
M.   It is unlawful to knowingly remove, deface, alter or destroy the manufacturer's serial or identification number on a pedicab.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-129.  Driver license requirement; possession; display; exception.
A.   It is unlawful for any person to knowingly operate a pedicab without having in that person's possession, and displaying to any law enforcement officer upon demand, a valid driver license issued by the State of Arizona or any other state, except as provided in Subsection B. A driver license that has been cancelled, revoked or suspended is not a valid driver license for purposes of this subsection.
B.   If a person is unable to obtain a driver license from the state of Arizona due to a qualifying disability under Title II of the Americans with Disabilities Act, it is unlawful for that person to knowingly operate a pedicab without having in that person's possession and being able to display to any law enforcement officer of this state upon demand:
1.   Proof of having successfully completed the written examination required by the Arizona Department of Transportation Motor Vehicle Division to obtain any class of driver license.
2.   A legible and current government-issued photo identification document in that person's immediate possession at all times when operating a pedicab.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-130.  Pedicab insurance.
A.   The operator of a pedicab shall maintain at all times an owner's or operator's policy of liability insurance in the amount of at least one million dollars.
B.   The insurance company issuing the policy shall be authorized to issue commercial liability policies in this State by the Arizona State Department of Insurance.
C.   The policy shall designate by explicit description or by appropriate reference all pedicabs for which coverage is granted.
D.   The policy shall insure the person named in the policy as the insured and any other person, as insured, using the pedicab with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the pedicab within the City or the State of Arizona.
E.   On demand of any law enforcement officer of this state an operator shall display proof of insurance coverage as provided in this section.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-131.  Change of information.
Any change in the information required to be submitted pursuant to this article shall be submitted to the Police Department, on the form prescribed by the Police Department for this purpose, within ten calendar days of any change.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-132.  Pedicab tag requirement; unlawful acts.
A.   It is unlawful to operate a pedicab that does not have affixed, in the manner and location prescribed by the Police Department, an inspection tag issued by the Police Department.
B.   It is unlawful to knowingly remove, move, alter or deface an inspection tag issued pursuant to this article.
C.   It is unlawful to transfer a pedicab tab from the pedicab for which it was issued to another pedicab.
D.   It is unlawful to knowingly operate a pedicab with a tag that was not issued for that pedicab.
E.   It is unlawful to knowingly operate a pedicab with a tag that is fictitious or fraudulent.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-133.  Pedicab tag application; inspection; denial; appeal.
A.   A person shall apply for a pedicab inspection tag by making application with the Police Department on the form prescribed by the Police Department for that purpose. The application shall require, as applicable, the following information:
1.   Full legal name and date and place of birth.
2.   Current residence address, mailing address and telephone number.
3.   Whether the pedicab is owned or leased.
4.   Pedicab design, make, model and serial or identification number.
5.   A digital photograph of the pedicab.
6.   Proof that the pedicab meets the insurance requirements of this article.
7.   Such other information as the Police Department may require in order to discover the truth of the matters above required to be set forth in the application.
B.   An applicant for an inspection tag pursuant to this article shall either be the owner or lessee of a pedicab submitted for inspection and tagging pursuant to this article.
C.   An applicant for a duplicate inspection tag pursuant to this article shall make application with the Police Department on the form prescribed by the Police Department for that purpose.
D.   The inspection tag shall be issued in the name of the applicant.
E.   The Police Department shall inspect the pedicab for compliance with this article. The inspection, or reinspection, shall occur no later than seven calendar days after application and shall be conducted at a location prescribed by the Police Department. The applicant, or the applicant's agent, is required to be present during the inspection or reinspection and to assist the inspector with inspection of the pedicab as necessary.
F.   The application shall be granted, and a tag issued and affixed to the pedicab in the manner and location as prescribed by the Police Department, if the pedicab and the applicant are in compliance with all requirements of this article.
G.   An inspection tag issued pursuant to this article shall be issued in the name of the applicant for the pedicab inspected only.
H.   An inspection tag issued pursuant to this article shall expire on July 31 of each year and shall bear an expiration date and such other information as the Police Department shall require in order to monitor the issuance of the tag.
I.   The application shall be denied if the pedicab is not in compliance with this article or if the application contains a material misstatement of fact or falsification, in which case the Police Department shall issue to the applicant by hand-delivery or certified mail to the mailing address of record a notice of denial stating the reasons for the denial. Service by certified mail shall be complete three calendar days after mailing or upon actual receipt, whichever is earlier.
J.   An applicant for an inspection tag pursuant to this article that has received a notice of denial may reapply for an inspection tag for that pedicab once under the original application, provided that the date of reapplication is no less than five and no more than thirty calendar days from the date of original application. Any reapplication submitted that is not in compliance with this subsection will be treated as an original application.
K.   An applicant for an inspection tag for a pedicab whose application has been denied twice may appeal the denial to the Police Chief or his designee by filing a written request for hearing with the Phoenix Police Department, Office of Administration, Attn: Commander, 620 W. Washington Street, Phoenix, 85003 within ten calendar days of receipt of the notice of denial. The hearing before the Police Chief or his designee shall be heard within thirty calendar days of the filing of the appeal and may be continued upon request of the applicant for good cause shown.
L.   An appeal heard by the Police Chief or his designee pursuant to this section shall be conducted informally and the technical rules of evidence shall not apply, provided that the decision shall be based upon substantial and reliable evidence. The decision of the Police Chief or his designee shall be in writing and either hand-delivered or mailed by certified mail to the applicant to his mailing address of record within five calendar days after the conclusion of the hearing. Service by mail shall be complete three calendar days after mailing. If the decision is to sustain the appeal, the inspection tag shall be immediately issued.
M.   An applicant aggrieved by a decision of the Police Chief or his designee may request a hearing before the License Appeal Board by filing a request for hearing with the Police Chief or his designee at Phoenix Police Department, Office of Administration, Attn: Commander, 620 W. Washington Street, Phoenix, 85003, within ten calendar days of receipt of the decision, excluding weekends and City holidays. The License Appeal Board shall hear the appeal de novo and shall follow the rules of procedure set forth in Section 19-14. The decision of the License Appeal Board shall be hand-delivered or mailed by certified mail to the applicant within five calendar days after the hearing. Service by mail shall be complete three calendar days after mailing. The decision of the License Appeal Board shall constitute final administrative action. The applicant has the right to seek judicial review of the decision by way of special action or other available remedy in the Superior Court.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-134.  Pedicab inspection; duplicate tag; fees.
A.   The fee for an original application is $50.00.
B.   There is no fee for a reinspection application, if filed within the time period required by this article.
C.   The fee for a duplicate inspection tag is $10.00.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-135.  Pedicab inspection tags; revocation.
A.   An inspection tag issued pursuant to this article may be revoked upon any one or more of the following grounds:
1.   The application for the inspection tag contained a material misstatement of fact or material misrepresentation.
2.   The applicant was guilty of fraud or deceit in obtaining the inspection tag.
3.   The pedicab is no longer in compliance with this article.
4.   The inspection tag has been removed, moved, altered or defaced.
5.   The inspection tag holder failed to update information submitted on the application as required by this article.
6.   A fee required by this article has not been paid.
B.   The Police Chief or his designee shall revoke an inspection tag by mailing to the applicant by certified mail to the mailing address on the application, or more recently of record, a notice of revocation stating the reasons for the revocation.
C.   The holder of the inspection tag may appeal the notice of revocation by filing a request for hearing with the Police Chief or his designee at Phoenix Police Department, Office of Administration, Attn: Commander, 620 W. Washington Street, Phoenix, 85003 within ten calendar days, excluding weekends and City holidays. An appeal heard by the Police Chief or his designee pursuant to this section shall be conducted informally and the technical rules of evidence shall not apply, provided that the decision shall be based upon substantial and reliable evidence. The decision of the Police Chief or his designee shall be in writing and either hand-delivered or mailed by certified mail to the applicant to his mailing address of record within five calendar days after the conclusion of the hearing. Service by mail shall be complete three calendar days after mailing.
D.   The holder of an inspection tag aggrieved by a decision of the Police Chief or his designee may request a hearing before the License Appeal Board by filing a request for hearing with the Police Chief or his designee at Phoenix Police Department, Office of Administration, Attn: Commander, 620 W. Washington Street, Phoenix, 85003 within ten calendar days of receipt of the decision sustaining the revocation, excluding weekends and City holidays. The License Appeal Board shall hear the appeal de novo and shall follow the rules of procedure set forth in Section 19-14.
E.   At the conclusion of a contested case, the inspection tag shall be immediately surrendered to the Police Department upon demand.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-136.  Civil violations.
A.   Any person who violates any provision of Section 23-121 or Section 23-132 is subject to a civil sanction of not less than two hundred fifty dollars nor more than two thousand five hundred dollars per violation. Any person who violates any provision of Sections 23-122 through 23-131 is subject to a civil sanction of not less than one hundred thirty dollars nor more than two thousand five hundred dollars per violation. The court shall not suspend any part or all of the imposition or execution of any sanction required by this subsection. The remedies of this subsection are cumulative with the criminal remedies of Section 23-137.
B.   Civil actions to enforce this section may be adjudicated by a judge or Hearing Officer.
C.   Any civil action to enforce a civil sanction imposed pursuant to this article shall be commenced and summons shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes, City ordinance or as provided in the Local Rules of Practice and Procedure, City Court, City of Phoenix.
D.   Any party may appeal the judgment of the City Court to the Superior Court. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure, Civil. Execution of any judgment shall be stayed pending appeal when the defendant posts an appeal bond in accordance with the order of the Trial Court, or when no bond is fixed and a notice of appeal has been filed.
E.   A civil citation brought pursuant to this section shall be served within one year of the offense.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)

Sec. 23-137.  Criminal violations.
A person who violates any provision of this article wherein the doing of an act, or the failure to do an act, is declared to be unlawful, or wherein the doing of any act is required or prohibited, is guilty of a class 1 misdemeanor.
(Ord. No. G-5192, § 1, adopted 7-2-2008, eff. 8-1-2008)