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1 Ogden City Council Meeting: April 11, 2017 PROPOSED AMENDMENT ALLOWING PEDICABS TO USE ELECTRIC ASSIST MOTORS Adopt/not adopt Ordinance 2017-16 A request has been made by Mr. Louis Gasper to amend the City’s pedicab ordinance to allow electric assist motors. Mr. Gasper has been in contact with Council members, the City Attorney’s office, and members of the Administration regarding the issue. Mr. Gasper addressed the Council on the subject at the Council’s August 16, 2016 meeting. Since that time, an ordinance amendment has been developed that would allow electric assist motors to be placed on licensed pedicabs and has been submitted to the City Council for consideration. In June of 2016, Mr. Louis Gasper contacted the City regarding a potential ordinance amendment that would allow the addition of an electric assist motor, sometimes referred to as an E-kit, to pedicabs. A pedicab is currently defined in the City’s ordinance as “a non-motorized vehicle propelled exclusively by human power through a belt, chain or gears, having two or more wheels and constructed in such a manner as to engage in the business of carrying passengers for hire.” The code currently has no allowance or regulation for the use of an electric assist motor. Mr. Gasper is requesting that this be amended. Mr. Gasper has indicated that the electric assist helps a pedicab operator better navigate and climb hills, operate electronic equipment such as radios and lights, and helps the operator accelerate from a stop. Mr. Gasper is the owner of Salt City Cycle Cab, LLC and currently has a license to operate a pedicab in Ogden. The amendment is not needed to allow Mr. Gasper to operate a pedicab but rather to allow Mr. Gasper and other pedicab operators to use the electric assist motor on the pedicabs. April 4, 2017 The proposed amendments were reviewed during the Council’s April 4, 2017 work session. No changes were proposed as a result of that review. The current proposal is primarily to amend the City’s ordinance relating to pedicabs to allow the use of an electric assist motor. There are, ---PAGE BREAK--- 2 Ogden City Council Meeting: April 11, 2017 however, some additional amendments included in the proposal related to a pedicab’s operation on sidewalks. Assistant City Attorney Mara Brown consulted with Mr. Gasper and with Daniel Gillies and Justin Anderson from the City Engineering Division to determine and propose standards for safe operation of both motorized and non-motorized pedicabs. The changes are outlined below: Definition The current definition requires pedicabs to be exclusively human powered. The language referring to exclusive human power prohibits the use of any sort of electric assist. In addition to the detailed regulations proposed for the electric assist motors themselves, the proposed definition clarifies the allowance of an electric assist motor. The overall structure of the wording for the definition is being amended to accommodate these changes. The proposed language is largely taken from Salt Lake City’s recently updated pedicabs ordinance. Sidewalks The current code allows pedicabs to load, unload, and otherwise operate on sidewalks, paths, and trails. After review, it was determined that for safety reasons pedicabs should remain on public streets and should be loading and unloading passengers adjacent to and not on the sidewalk. Electric Assist As proposed, the ordinance would provide regulations for the utilization of electric assist motors. The proposed regulations for the utilization of a front hub motor are: 1. The electric assist motor is controlled by an onboard computer that will facilitate the monitoring and inspection of such a motor by enforcement personnel; and 2. The maximum speed attainable through the use of such electric assist motor may be limited by the onboard computer system to ensure the pedicab does not exceed a velocity of twenty-five (25) miles per hour; 3. The electric assist motor is equipped with automatic brake shutoff circuitry; ---PAGE BREAK--- 3 Ogden City Council Meeting: April 11, 2017 4. The electronic assist motor does not exceed a combined voltage and amperage of 72V and 30C; 5. The electric assist motor is powered solely by electricity and does not produce noise in excess of 50 decibels. 1. Transmittal 2. Ordinance 2017-16 3. Initial correspondence from Mr. Gasper to Bill Cook, dated June 28, 2016 Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- Ogden City Council Transmittal Date: January 30, 2017 To: Ogden City Council From: Justin Anderson, Public Services Deputy Director; ext. 8982 Re: Revision of Ogden City Code to allow the use of electric assisted pedicabs and to exclude pedicabs from sidewalks, paths and trails Staff Contact: Daniel Gillies, Principal Engineer; ext. 8991 Mara Brown, Deputy City Attorney; ext. 8104 Requested Timeline: As soon as convenient Recommendation: Adoption of the attached ordinance Document: Proposed Ordinance Background Under current Ogden City Code, pedicabs are allowed to operate within Ogden City, however, a pedicab operator must obtain a certificate of public convenience and necessity from the Mayor prior to a business license being issued. The pedicab business shall only operate in those areas approved by the City Engineer. A request has been made by Louis Gasper, the current holder of a pedicab certificate of public convenience and necessity, to amend Ogden City Code to allow electric assisted pedicabs containing a front hub motor. Proposal Allow the use of electric assisted pedicabs under certain terms and conditions. Recommendation The proposed ordinance would allow the use of pedicabs equipped with an electric assisted front hub motor with the following specifications: the motor is controlled by an onboard computer the maximum velocity will be 25 miles per hour or less the motor is equipped with automatic brake shutoff circuitry the combined voltage and amperage of the electric assisted motor does not exceed 72v and a C-rate of 30 amps the system does not exceed a noise level of 50 decibels. These specifications were recommended by the operator of the pedicab business in Ogden, and are based on the specifications for electric assisted pedicabs specified in Salt Lake City Code. ---PAGE BREAK--- In addition, the proposed ordinance modifies Ogden City Code to exclude pedicabs from sidewalks, paths and trails. This restriction is recommended to be consistent with the restriction of motor vehicles on areas designed for pedestrians, as well as areas excluding motor vehicles, such as trails and pathways. Recommendation The administration recommends that the ordinance be adopted as proposed. Fiscal Impact There is no budget impact associated with this change in regulation. ---PAGE BREAK--- 1 ORDINANCE NO. AN ORDINANCE OF OGDEN CITY, UTAH, AMENDING THE OGDEN MUNICIPAL CODE BY AMENDING SECTION 5-16F-10 BY ADOPTING A NEW SUBSECTION K TO ALLOW FOR USE OF ELECTRIC ASSISTED PEDICABS; PROHIBITING PEDICABS FROM OPERATING ON SIDEWALKS, PATHS OR TRAILS; AND BY PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING AFTER FINAL PASSAGE. The Council of Ogden City hereby ordains: SECTION 1. Subsection amended. Section 5-16F-1 of the Ogden Municipal Code is hereby amended as follows: 5-16F-1: [DEFINITIONS:] CERTIFICATE: A certificate of public convenience and necessity issued by the mayor, or the mayor's designee, authorizing the holder thereof to conduct in Ogden City a business in the transportation of persons by pedicab pursuant to the provisions of this article. DRIVER: An individual who drives a licensed pedicab whether as the holder, an employee of the holder, or as an independent contractor. HOLDER: A person to whom a certificate of public convenience and necessity has been issued to conduct a business in the transportation of persons by pedicab in Ogden City. PEDICAB: A bicycle type vehicle for the purpose of carrying passengers for hire that is propelled by human power or electric assisted, is not intended to exceed twenty five (25) miles per hour and cannot exceed a combined voltage and amperage of 72V and 30C. [A nonmotorized vehicle propelled exclusively by human power through a belt, chain or gears, having two or more wheels and constructed in such a manner as to engage in the business of carrying passengers for hire.] SECTION 2. Subsection adopted. Section 5-16F-10 of the Ogden Municipal Code is hereby amended by adopting a new Subsection K to read and provide as follows: 5-16F-10: [RULES AND REGULATIONS:] A. [Schedule Of Rates:] It shall be the duty of every holder to file with the business license coordinator a current schedule of rates to be charged per passenger, and no transportation shall be performed or service rendered except in conformity therewith. This section does not apply to fares for special tours, provided that the fare for the 2017-16 ---PAGE BREAK--- 2 special tour is agreed upon between the passenger and the driver prior to the beginning of the tour. B. [Use Of Taxicab Stands:] Pedicabs may use existing taxicab stands as established by the city in the business district in section 10-3-2 of this code. C. [Use Of Sidewalks, Paths, And Trails:] Pedicabs shall remain on public streets. Pedicabs may load and unload [on] adjacent to sidewalks [and] but may not travel on sidewalks, paths, [and] or trails [within the designated route. While traveling on a sidewalk, path, or trail, the driver shall: 1) yield the right of way to any pedestrian; and 2) give an audible signal before overtaking and passing a pedestrian.] D. [Driver To Remain Near Pedicab:] It is unlawful for any person, while engaged as a driver of a licensed pedicab, to leave the immediate vicinity of the pedicab except for the purpose of assisting passengers. E. [Occupant To Have Exclusive Use:] When a pedicab is engaged, the occupant shall have the exclusive right to the full and free use to the passenger compartment, and it is unlawful for the driver of the pedicab to solicit or carry additional passengers therein except with the consent of the passenger. F. [Most Direct Route Required:] Unless otherwise agreed to, any driver carrying passengers to a definite point at the request of the passengers shall take the most direct route possible that will carry the passenger safely and expeditiously to the desired destination. G. [Capacity:] The pedicab manufacturer's recommended capacity shall not be exceeded and passengers shall remain seated throughout the ride. H. [Maintenance:] 1. Maintenance Required: The holder shall conduct weekly maintenance, cleaning, and inspections of each licensed pedicab to ensure that they are maintained in a clean, safe, and operable condition, and maintain an inspection record for each pedicab. 2. Retention; Right Of Inspection: The holder shall retain and preserve all inspection records in a safe and convenient place for a period of time covering at least the current calendar year and the calendar year immediately preceding the current calendar year. Inspection records shall be available for review by the chief of police, the city attorney and the mayor, or any of them, or any person designated by any of them. I. [Inspection:] At a minimum, licensed pedicabs are required to display a highly visible "Slow Moving Vehicle" sign on the rear of each pedicab, and be equipped with turn signals, headlights, taillights, horns, reflectors, and hydraulic breaks. The chief of police may, in the chief's discretion, after the issuance of the license, conduct an inspection of any licensed pedicab. The business license coordinator ---PAGE BREAK--- 3 shall refuse a license to, or if already issued, the mayor, or the mayor's designee, may revoke or suspend the license of, any pedicab found by the chief of police to be unfit or unsuited for public patronage. It is unlawful to operate or allow to be operated on the streets of the city any pedicab which fails to meet the minimum requirements specified in this subsection. J. [Display Of License Card; Driver's License:] There shall be displayed within each licensed pedicab, within the plain view of any passenger, the pedicab license card, the driver's license card, the telephone number of the holder, and a statement that the chief of police and the holder are to be notified in case of any complaints. K. [Electric Assist:] Licensee may utilize a pedicab equipped with an electric assist front hub motor provided that: 1. The electric assist motor is controlled by an onboard computer that will facilitate the monitoring and inspection of such motor by enforcement personnel; and 2. The maximum speed attainable through the use of such electric assist motor may be limited by the onboard computer system to ensure the pedicab does not exceed a velocity of twenty-five (25) miles per hour; 3. The electric assist motor is equipped with automatic brake shutoff circuitry; 4. The electric assist motor does not exceed a combined voltage and amperage of 72V and 30C; 5. The electric assist motor is powered solely by electricity and does not produce noise in excess of 50 decibels. SECTION 3. Effective date. This ordinance shall be effective immediately upon posting after final passage. PASSED, ADOPTED AND ORDERED POSTED by the Council of Ogden City, Utah this day of 2017. CHAIR ATTEST: CITY RECORDER TRANSMITTED TO THE MAYOR ON: ---PAGE BREAK--- 4 MAYOR'S ACTION: Approved Vetoed MAYOR ATTEST: CITY RECORDER POSTING DATE: EFFECTIVE DATE: APPROVED AS TO FORM: _MAB 3/24/17 Legal Date * The headings, catchlines or catchwords suggested for use in the Ogden Municipal Code and which are bracketed at the beginning of sections or subsections, shall not be considered to be a part of the ordinance adopted herein. ---PAGE BREAK--- From: Louis Alexander Gasper Sent: Tuesday, June 28, 2016 11:52 AM To: Cook, Bill <[EMAIL REDACTED]> Cc: Weloth, Cindy <[EMAIL REDACTED]> Subject: Pedicab Ordinance Amendment To the Executive Director of Council, I would like to propose an amendment be made to the pedicab ordinance in the city of Ogden. I own a company which is about to start business in Ogden City, and we have four pedicabs in the geiger building that are eager to ride. We have grown accustomed to pedicabs which are outfitted with e-kits and we wish to request that the ordinance be amended to allow this. Having e-kits equates to much more than just flattening a hill. It means that we can use a battery source to power other devices, such as stereo speakers and bluetooth sound systems, as well as horns and high lumen headlamps. I would formally like to have the pedicab ordinance which would govern my company’s activities and use of motors, to allow the use of electric based, and strictly electric based (no gas burning/oil consuming motors allowed). And I would like to submit the specs to the council for review, as I have done with the business licensing division. I look forward to further communique with your council, and I also look forward to bringing the issue to the mayor’s attention, should the mayor’s office conclude that e-kits are a useful and beneficial aspect to the pedicab industry. Very truly yours, Louis A. Gasper Owner- Salt City Cycle Cab LLC