[Council Communication]  [Proposed Ordinance]

Council Communication

Title:	Second Reading and Adoption of an Ordinance Amending Ashland Municipal Code Section 6.28.035 by Revising Regulations Applicable to Pedicabs
Dept:	Public Works Department
Date:	July 15, 2003
Submitted By:	Paula Brown
Approved By: ...........................	Gino Grimaldi, City Administrator

Synopsis:	Ashland Municipal Code Section 6.28.035 authorizes staff to prepare and provide permits required for tour buses or special vehicles. The attached ordinance revisions allow for pedicabs as special vehicles and although they would not be restricted to a specific route, and would be allowed to stop and pick up passengers, pedicab use would be required to meet the following added conditions: a. Any route used will not create traffic congestion or adversely affect the character or privacy of a residential area. b. The manner and method of pick-up and delivery of passengers will not create, or materially contribute to, a parking problem or traffic congestion. Council took action on the first reading of the ordinance on June 17, 2003 and requested additions to the ordinance to include additional safety precautions for pedicab operations. Council will notice additional operating conditions and safety inspections and the requirement for pedicab drivers to have a valid Oregon driver's license. Pedicab operators would be required to obtain a special use permit.
Recommendation:	It is recommended that the Council adopt the attached ordinance amending Ashland Municipal Code Section 6.28.035 by revising regulations applicable to pedicabs.
Fiscal Impact:	Adoption of the recommendation has no direct fiscal impact with the exception of enforcing the ordinance requirements and potentially collecting fines if the ordinance is not followed.
Background:	Dylan Robbins and Edward Rogers have made an application to provide a pedicab service throughout Ashland. This application was taken to the Bicycle and Pedestrian Commission with their approval as shown on the attached memorandum. The application was also taken to the Traffic Safety Commission (TSC) on May 29, 2003. The TSC was generally supportive of the pedicab, but wanted to be assured that the pedicab would always have adequate lighting and always be within safe operating conditions. The TSC has reviewed the proposed changes to the ordinance and has not provided additional requirements. Any other TSC conditions may be considered through the special use permit process.

ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE SECTION 6.28.035 BY REVISING REGULATIONS APPLICABLE TO PEDICABS

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Annotated to show deletions and additions to the ordinance passed at first reading on June 17, 2003. Deletions are lined through and additions are underlined.

SECTION 1. The following subsection 6.28.035.C.6 is added to the Ashland Municipal Code:

SECTION 6.28.035 Permit Required for Tour Bus or Special Vehicle.

* * * * *

C. Criteria for approval. The proposed operation shall

1. Have a clearly defined route that will not create traffic congestion or adversely affect the character or privacy of a residential area.

2. Have proposed pick-up and delivery locations that will not create, or materially contribute to, a parking problem.

3. Have a vehicle speed that will not create traffic congestion or safety problems.

4. Utilize streets of sufficient width, including vision clearance at intersections, so that it will not materially contribute to traffic and pedestrian safety problems.

5. Have a fixed route with passengers picked up only at a specified single point of origin and, except for Lithia Park, passengers shall be returned to that same point.

6. Have to comply with oOnly subsections 3 and 4 of this section apply to if it involves the operation of pedicabs. In addition, the following criteria apply only to pedicabs:

a. Any route used will not create traffic congestion or adversely affect the character or privacy of a residential area.

b. The manner and method of pick-up and delivery of passengers will not create, or materially contribute to, a parking problem or traffic congestion.

c. Prior to the operation of any pedicab and at the beginning of each shift or each day or operation, the pedicab shall be thoroughly inspected by the operator and found to be in safe operating condition. An inspection for safe operating conditions must include, but is not limited to, inspection of brakes including parking brake; all lights, signals and reflectors; steering system; mirrors; horn and other warning devices; and tires. For any condition found then or at any other time that will prevent the safe operation of the pedicab, the operator shall immediately remove the pedicab from service and correct the condition before the pedicab is returned to service.

SECTION 2. The following subsection 6.28.035.D.3 is added to the Ashland Municipal Code:

D. Operations Prohibited. Permittees in the operations described in this section shall not:

1. Respond to specific or individual calls for transportation from one point to another in the manner of taxicabs or otherwise perform the services of taxicabs as defined in Section 6.28.020, or

2. Attempt to promote patronage through garish display of colors, sounds, murals or other thematic devices located on the vehicle.

3. Have to comply with sSubsection 1 of this section does not apply to if the operation involves pedicabs.

4. Operate or allow the operation of any special vehicle or tour bus unless the operator possesses a valid Oregon driver's license.

The foregoing ordinance was first READ on the day of , 2003, and
duly PASSED and ADOPTED this day of , 2003.

Barbara Christensen, City Recorder
SIGNED and APPROVED this day of , 2003.
Alan W. DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney

Back to Top