8314-12ORDINANCE NO. 8314-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PUBLIC CONVEYANCES;
AMENDING ARTICLE I OF CHAPTER 25, CLEARWATER
CODE OF ORDINANCES, TO CREATE SECTIONS 25.01
THROUGH 25.18; CREATING DEFINITIONS IN SECTION
25.01; CREATING STANDARDS FOR PEDICABS, LOW-
SPEED FOR HIRE VEHICLES, AND SURREY BICYCLES
IN SECTION 25.02; REQUIRING SAFETY CERTIFICATES
IN SECTION 25.03; IMPOSING INSURANCE
REQUIREMENTS IN SECTION 25.04; REQUIRING
CERTIFICATES TO ENGAGE IN A PUBLIC
CONVEYANCE BUSINESS, SUBMISSION OF AN
APPLICATION, AND RENEWAL OF A CERTIFICATE IN
SECTIONS 25.05 THROUGH 25.07; CREATING
GROUNDS FOR REVOCATION OF A CERTIFICATE TO
ENGAGE IN BUSINESS IN SECTION 25.08; REQUIRING
A DRIVER'S PERMIT FOR PEDICABS AND LOW-SPEED
FOR HIRE VEHICLES, SUBMISSION OF AN
APPLICATION, AND RENEWAL OF A PERMIT IN
SECTIONS 25.09 THROUGH 25.13; IMPOSING
PROHIBITIONS FOR DRIVERS OF PEDICABS AND
LOW-SPEED FOR HIRE VEHICLES IN SECTIONS 25.14
AND 25.15; CREATING GROUNDS FOR REVOCATION
OF A DRIVER'S PERMIT AND SURRENDER OF THE
PERMIT IN SECTIONS 25.16 THROUGH 25.17;
AUTHORIZING THE CREATION OF RESTRICTED AREAS
FOR THE OPERATION OF PUBLIC CONVEYANCES IN
SECTION 25.18; PROVIDING AN EFFECTIVE DATE.
WHEREAS, an increasing number of businesses have begun operating within the City
of Glearwater, thus far solely on Clearwater Beach, whereby the businesses are
providing public transportation on pedicabs (vehicles propelled solely by human power)
and on low-speed, golf-cart type vehicles or are renting a variety of recreational
vehicles, such as low-powered motorcycles, electric personal assistive mobility devices,
surrey bicycles, and mopeds; and
WHEREAS, minimal regulations currently exist to ensure that the businesses are
adequately insured, that the businesses are maintaining the vehicles in safe-operating
condition, and that the drivers of the pedicabs and low speed for hire vehicles are not
likely to be a danger to the public; and
WHEREAS, the Clearwater City Council finds that the regulations contained herein will
promote the health, safety, and welfare of the public by placing an obligation on the
business owners to obtain adequate insurance in case of an accident, to maintain the
Ordinance No. 8314-12
vehicles used in the business in a safe-operating condition, and to ensure that the
drivers in their employ are not likely to be a danger to the public; and
WHEREAS, the Clearwater City Council also finds that the regulations contained herein
will promote the health, safety, and welfare of the public by creating a regulatory
mechanism by which the owners of the business and the drivers in their employ could
have their ability to conduct business within the City of Clearwater revoked if the
business owners or their drivers fail to adhere to the Florida Statutes and City
ordinances pertaining to the operation of the business or the operation of the pedicabs
or low-speed for hire vehicles; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA
Section 1. Article I of Chapter 25, Clearwater Code of Ordinances, is hereby amended
to create Sections 25.01 through 25.18 as follows:
ARTICLE I. PUBUC CONVEYANCES !": �'-CAICCAI _/�CCC�\/CIl\
Sec. 25.01. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearty
indicates a different meaning:
Bicycle means a vehicle propelled solely by human power, and a motorized
bicycle propelled by a combination of human power and an electric helper motor
capable of propelling the vehicle at a speed of not more than 20 miles per hour on
level ground upon which any person may ride, having two tandem wheels, and
including any device generally recognized as a bicycle though equipped with two
front or two rear wheels. The term does not include a scooter or similar device that
does not have a seat or saddle for the use of the rider.
Certificate to engage in business means a certificate issued by the Qirector of
Planning and Development to engage in the business of operating one or more public
conveyances in the City of Clearwater.
Driver means every individual operating a pedicab or low-speed for hire
vehicle, either as owner, agent, employee or otherwise, pursuant to the pedicab or low-
speed for hire vehicle driver's permit issued as herein provided.
Electric personal assistive mobility device means any self-balancing, two-
nontandemwheeled device, designed to transport only one person, with an electric
propulsion system with average power of 750 watts (1 horsepower), the maximum
speed of which, on a paved level surFace when powered solely by such a propulsion
system while being ridden by an operator who weighs 170 pounds, is less than 20
2 Ordinance No. 8314-12
miles per hour.
Low-speed for hire vehicle means a vehicle as defined in F.S. 320.01(42), that is,
any four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but
not greater than 25 miles per hour, including neighborhood electric vehicles, that
complies with the safety standards in 49 C.F.R. s. 571,500 and F.S. 316.2122
and that is used for transporting passengers �or hire, fee, or compensation of any
kind, including compensation derived from tips or advertising, upon or along the streets
within the City of Clearwater.
Moped means any vehicle with pedals to permit propulsion by human power,
having a seat or saddle for the use of the rider and designed to travel on not more
than three wheels; with a motor rated not in excess of 2 brake horsepower and not
capable of propelling the vehicle at a speed greater than 30 mites per hour on level
ground; with a power-drive system that functions directly or automatically without
clutching or shifting gears by the operator after the drive system is engaged; or, if an
internal combustion engine is used, with a displacement not exceeding 50 cubic
centimeters.
Motorcycle means any motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor or a moped.
Pedicab means any vehicle that is propelled solely by human power and that is
used for transporting passengers for hire, fee, or compensation of any kind, including
compensation derived from tips or advertising, upon or along the streets or sidewalks
within the City of Clearwater.
Pedicab or low-speed for hire vehicle driver's permit means a permit issued by
the Director of Planning and Development authorizing the holder thereof to drive a
pedicab or low-speed for hire vehicle.
Permitting means had knowledge or reason to know that the activity was
occurring, failed to intervene in an attempt to prevent the activity from occurring, and
had the power or authority to prevent the activity from occurring.
Public conveyance means a pedicab, low-speed for hire vehicie, or recreational
vehicle.
Public conveyance company means any business entity of whatever
nature or composition that is issued a certificate by the Director of Planning and
Development to engage in the business of operating one or more public
conveyances, and may be a corporation, partnership, joint venture, natural person,
or other individual, association or combined persons or entities.
3 Ordinance Na 831412
Qualified means one who, by possession of recognized degree, certificate, or
professional standing, or who by extensive knowledge, training, and experience, has
successfully demonstrated his/her ability to solve or resolve problems relating to the
subject matter, the work, or the project.
Recreational vehicle means any vehicle that is rented typically for less than one
day and that the renter intends to drive for the renter's personal, recreational use, such
as a motorcycle containing an internal combustion engine with a displacement of 50
cubic centimeters or less, an electric personal assistive mobility device, a bicycle, or
a moped, but excluding a motor home, a camper, a motor vehicle leased from an
entity that is engaged in the business of renting motor vehicles typically for more
than one day, or an "off highway vehicle" as defined in F.S. § 261.03(6).
Street means all public streets, avenues, alleys, lanes, highways, and other
publicly owned places laid out for the use of motor vehicles, including publicly owned
parking lots.
Surrey bicycle means a bicycle containing three or more wheels that is designed
to carry two or more persons and that has two or more pedaling positions.
Vehicle means every device, in, upon, or by which any person is or may be
transported or drawn upon a street.
Sec. 25.02. Standards for pedicabs, low-speed for hire vehicles, and surrey
bicycles; equipment and restrictions.
(1) All pedicabs shall be deemed bicycles as that term is used in Florida
Statutes. As such, all pedicabs shall comply with any and all regulations of the state
applicable to bicycles. See, for example, F.S. § 316.2065. All pedicabs required to be
regulated under this article shall be equipped with a battery operated headlight capable
of projecting a beam of white light for a distance of five hundred (500) feet and a pair of
battery operated taillights each exhibiting a red light visible from a distance of six
hundred (600) feet to the rear. All pedicabs shall also be equipped with at least one
front white reflector and at least one red rear reflector and at least one amber side
reflector one each side of said pedicab. All pedicabs required to be regulated under this
article shall be kept clean and sanitary throughout and shall be kept and maintained in
sound operating condition. All safety devices and all other equipment shall be kept in
such condition as to ensure safe operation. Any fares that are charged to the public
shall be conspicuously posted in or on the pedicab. If a gratuity is accepted, "Gratuity
appreciated" shall be conspicuously posted in or on the pedicab.
(2) All low-speed for hire vehicles shall comply with any and all regulations of
the state applicable to low-speed vehicles. See, for example, F.S. § 316.2122. All low-
speed for hire vehicles required to be regulated under this article shall be equipped with
headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking brakes,
rearview mirrors, windshields, seat belts, and vehicle identification numbers. All low-
4 Ordinance Na. 8314-12
speed for hire vehicles required to be regulated under this article shall be kept clean
and sanitary throughout and shall be kept and maintained in sound operating condition.
All safety devices and all other equipment shall be kept in such condition as to ensure
safe operation. Any fares that are charged to the public shall be conspicuously posted in
or on the low-speed vehicle. If a gratuity is accepted, "Gratuity appreciated" shall be
conspicuously posted in or on the low-speed vehicle.
(3) All surrey bicycles operated pursuant to this article shall be equipped with
a single, low-gear ratio to prevent excessive speeds. Surrey bicycles operated
pursuant to this article that have multiple gears capable of changing gear ratios are
prohibited. Surrey bicycles operated pursuant to this article shall not be driven by
anyone under the age of 16 unless accompanied by a responsible adult and shall not
be operated in the "roundabout" on Clearwater Beach. It is unlawful for any person to
operate, or cause to be operated, a surrey bicycle that is not equipped with a braking
system that is capable of skidding each rear wheel in contact with the ground on dry,
level, clean pavement by the operator from his normal position of operation.
Sec. 25.03. Safety certificate.
Prior to the issuance or renewal of any certificate to engage in business by the
Director of Planning and Development pursuant to this article, the applicant shall certify
under oath on the application required to be filed pursuant to section 25.05 that the
applicant has read the provisions contained in this article and agrees to comply with the
terms and that each public conveyance contains all of the equipment necessary to be
operated on the streets legally, including the equipment required by F.S. ch. 316 and
section 25.02, and is in safe operating condition. The applicant shall also furnish a
certificate from a qualified mechanic that the mechanic has inspected all of the vehicles
listed in the application, that the vehicles contain the equipment required by F.S. ch.
316 and section 25.02, and that the equipment was operable at the time of the
inspection.
Sec. 25.04. Liability insurance coverage required.
(1} No certificate to engage in business shall be issued or renewed by the
Director of Planning and Development pursuant to this article unless there is in force a
Commercial General Liability Insurance policy with the following minimum types and
amounts: $500,000 per occurrence, combined single limit, for bodily injury, personal
injury, and property damage. Such Liability Insurance policy shall specifically include
the City as an additional insured and require each policy to be endorsed to state that
coverage shall not be canceled by the Applicant or carrier except after thirty (30) days
written notice sent via certified mail, return receipt requested, to the City. It is the
Applicant's responsibility to ensure notice to the City in accordance with the above
requirement is met.
(2) The Applicant will provide the Director of Planning and Development with a
certificate or certificates of insurance showing the existence of coverage as required
5 Ordinance No. 8314-12
and will, upon written request by the City, provide the Director of Planning and
Development with certified copies of all policies of insurance. New insurance
certificates and, when requested in writing, certified copies of policies shall be provided
to the Director of Planning and Development whenever any policy is renewed, revised,
or obtained from other insurance carriers.
Sec. 25.05. Certificate to engage in business; application.
Before any public conveyance shall be operated, a certificate to engage in
business shall be obtained from the Director of Planning and Development. Application
shall be made in writing to the Director of Planning and Development and shall contain:
(1) The name, residence address, and proposed place of business of the
applicant, the name of the applicant's business and the trade name, if applicable,
under which the business will operate. If the applicant is a co-partnership, the
application shall give the names and residence addresses of the co-partners. If the
applicant is a corporation, the application shall set forth the name of the corporation
and the residence addresses of its officers and board of directors, and any
shareholder or member of the corporation holding a 51 percent interest or more in the
entity;
(2) The number, type, year, model, VIN number of all public conveyances
proposed to be operated or controlled by the applicant, and a copy of the Florida
registration. Additionally, a color photograph of each public conveyance proposed to be
operated or controlled by the applicant shall be included with the application clearly
depicting any license tag on the vehicle;
(3) The names, addresses, Florida driver's license numbers, and driver's
permit numbers obtained pursuant to section 25.12 for all drivers in the
applicant's employ; and
(4) A safety certificate, as required in section 25-03, and proof of insurance, as
required in section 25-04.
Sec. 25.06. Review of applications; issuance or denial.
(1) A certificate to engage in the business of operating a public conveyance shall
be issued or denied within ten (10) business days after receipt of a completed
application. In making a determination as to whether a certificate to engage in the
business of operating a public conveyance company will be issued to the applicant, the
Director of Planning and Development shall consider the following criteria:
(a) Completeness of the application as required by this article; and
6 Ordinance No. 8314-12
(b) Completion of the application support documentation and payment of an
application fee of $75.00.
(2) The certificate shall expire on September 30 following the date of issuance.
However, any certificate issued befinreen July 1 and September 30 shall expire on
September 30 of the next calendar year. If the Director of Planning and Development
finds that the applicant is not qualified to be issued a certificate to engage in business,
then a certificate shall not be issued; and notice of the action will be given to the
applicant setting forth the reason for the refusal of such permit and informing the
applicant of his or her appellate rights pursuant to subsection (3) of this section.
(3) Any applicant who has been denied the issuance of a certificate to enga<
the business of operating a public conveyance shall have the right of appeal. Withir
__ �
(10) calendar days from the date the city notifies the applicant of the city's decisic
deny thew issuance�of a certificate, the apphcant shall file w�th the city clerk a wr
staternent fully settin� forth the grounds for such ap_peal U�on_the fiUng of sueh wr
___�_
statement, thewci clerk shall notif� the city�mana�er, who sh'all schedule and cond�
hearinq before the citv manaaer or citv manaaer's desianee within thirtv (301 davs�,
the fihng of th� written statement. 'The apphcant shalt be given�at least five (5) d�
_.
written notice of the hearin� and shall have an op�ortunity to present evidence on his
_ _ . . e �� ..���,�
her behalf, to cross examine wrtnesses, and to be represented �`� ^^"necl TFic c
a�, �.. �a� , <
shall have the burden of proaf � a�reponderance of the evi�
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mana�er's decision shall be based solely_on the evidence presei
_............ ___. _._...�.. _._� ��......._�____.�
Within ten (10) calendar days of the hearing, the city manager st
ence, �and the c
�ted at the heanr
clerk's office and shall serve on the applicant a written decrsion contairnn� finding�
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fact and conclusions of the legal basis for the decision The decision of the city�mana
, m _... �� � �,s � . - e � �� _ x. ,� � �.... n...��e Pe �.�,,,� �m
shall be final and conclusive, subject to judicial review by common-law certiorari in
�. .,_. . -,. , ... , _
Circuit Court for Pinellas County_.
Sec. 25.07. Renewal of certificate to engage in business.
in
After the initial issuance of the certificate to engage in business, the certificate
shall be renewed upon providing proof that the public conveyance company continues
to possess the requirements necessary ta obtain and maintain a certificate as set forth
in this article and upon paying a renewal fee of $75.00.
Sec. 25.08. Revocation of certificate to engage in business.
(1) A certificate to engage in business may be revoked by the Director of
Planning and Development, after notice and hearing, for just cause, which may include,
but is not limited to, any one (1) of the following:
� Obtaining a certificate to engage in business by providing false information;
� Permitting a driver to operate a pedicab or low-speed for hire vehicle
7
Ordinance No. 8314-12
when the driver has not obtained a driver's permit pursuant to this article;
,�c,�, Committing or permitting a driver or a patron of the business to commit a
violation of any of the provisions of this article or any violation of Florida law pertaining to
the operation of a public conveyance.
(2) No certificate to engage in business that has been issued shall be revoked,
except upon a finding of just cause, as defined in subsection (1) of this section, and
after a hearing before the city manager or city manager's designee and upon at least
five (5) days written notice to the certificate holder stating the place, date, time and
purpose of such hearing and setting forth the charges upon which such hearing shall be
held. The certificate holder shall have an opportunity to present evidence on his or her
behalf, to cross examine witnesses, and to be represented by counsel at the hearing.
The city shall have the burden of proof by a preponderance of the evidence, and the
city manager's decision shall be based solely on the evidence presented at the
hearing. Within ten (10) calendar days of the hearing, the city manager shall file with
the city clerk's office and shall serve on the certificate holder a written decision
containing findings of fact and conclusions of the legal basis for the decision. The
decision of the city manager shall be final and conclusive, subject to judicial
review by common-law certiorari in the Circuit Court for Pinellas County.
(3) After revocation of a certificate to engage in business pursuant to this
section, no application for a certificate to engage in business shall be accepted or
considered for a period of six (6) months from the date of revocation.
Sec. 25.09. Driver registration and permitting
� Before any person shall be authorized to operate a pedicab or low-speed
for hire vehicle, he or she must be registered with and issued a permit by the Director
of Planning and Development.
�, Every application for a pedicab or low-speed for hire vehicle permit
shall be in writing, and contain:
� The name, residence address, and Florida driver's license number of the
applicant;
� The place or places of residence of the applicant for the past five (5) years;
� Whether the applicant is a registered sexual predator or sexuai offender, or
within the past five (5) years has a conviction or an adjudication withheld or been
placed on probation or parole by a court of competent jurisdiction of any felony
involving dishonesty, any crime involving reckless driving or driving under the influence
of drugs or alcohol, any violation of F.S. ch. 893 pertaining to the sale of a controlled
substance, any violation of F.S. ch. 800 pertaining to lewdness and indecent
exposure, any violation of F.S. ch. 796 pertaining to prostitution, or any similar
8 Ordinance No. 8314-12
violations from another jurisdiction. The applicant shall attach to the application a copy
of the applicant's Florida Department of Law Enforcement criminal history and Florida
Department of Highway Safety and Motor Vehicles' driver license history, which shall
have been obtained from the Florida Department of Law Enforcement and the Florida
Department of Highway Safety and Motor Vehicles no more than thirty (30) prior to the
date that the application is submitted; and
,� Proof of employment from the applicant's employer.
Sec. 25.10. Review of applications.
Permits to drive a pedicab or low-speed for hire vehicle shall be issued or
denied within ten (10) business days after receipt of a completed application and
payment of the permit fee.
Sec. 25.11. Issuance or denial.
(1) In making a determination as to whether a permit to drive a pedicab or low-
speed for hire vehicle will be issued to the applicant, the Director of Planning and
Development shall consider the following criteria:
article;
(a) Completeness of the application as required by this article;
(b) Completion of the application-support documentation as required by this
(c) The Director of Planning and Development shall deny the application if the
applicant:
1. Does not have a valid Florida driver's license;
2. Is less than 18 years of age; or
3. Fails to submit proof from the applicant's employer showing that the applicant
will be affiliated as a driver with the emp{oyer upon issuance of the driver's
permit;
(d) The Director of Planning and Develapment shall also deny the application if
the applicant is a registered sexual predator or sexual offender, or has a conviction or
an adjudication withheld or been on probation or parole within the past five (5) years of
any felony involving dishonesty, any crime involving reckless driving or driving under the
influence of drugs or alcohol, any violation of F.S. ch. 893 pertaining to the sale of a
controlled substance, any violation of F.S. ch. 800 pertaining to lewdness and indecent
exposure, any violation of F.S. ch. 796 pertaining to prostitution, or any similar violations
from another jurisdiction.
9 Ordinance No. 8314-12
� If the Director of Planning and Development finds that the applicant is
qualified to drive a pedicab or low-speed for hire vehicle in the city, then the applicant
shall be issued a pedicab or low-speed for hire vehicle driver's permit upon payment of
the permit fee of $50.00. The permit shall be valid for one (1) year from the date of
issuance. If the Director of Planning and Development finds that the applicant is not
qualified to drive a pedicab or low-speed for hire vehicle in the city, then a driver's permit
shall not be issued and notice of the action will be given to the applicant setting forth the
reason for the refusal of such permit and informing the applicant of his or her appellate
rights pursuant to subsection (3) of this section.
(3) Any applicant who has been denied the issuance of a driver's permit shall
have the right of appeal. Within ten (10) calendar days from the date the city notifies the
applicant of the city's decision to deny the issuance of a driver's permit, the applicant
shall file with the city clerk a written statement fully setting forth the grounds for such
appeal. Upon the filing of such written statement, the city clerk shall notify the city
manager, who shall schedule and conduct a hearing before the city manager or city
manager's designee within thirty (30) days after the filing of the written statement. The
applicant shall be given at least five (5) days written notice of the hearing and shall
have an opportunity to present evidence on his or her behalf, to cross examine
witnesses, and to be represented by counsel. The city shall have the burden of proof by
a preponderance of the evidence, and the city manager's decision shall be based
solely on the evidence presented at the hearing. Within ten (10} calendar days of the
hearing, the city manager shall file with the city clerk's o�ce and shall serve on the
applicant a written decision containing findings of fact and conclusions of the legal basis
for the decision. The decision of the city manager shall be final and conclusive, subject
to judicial review by common-law certiorari in the Circuit Court for Pinellas County.
Sec. 25.12. Pedicab or low-speed for hire vehicle driver's permit; contents;
display.
(1) Every pedicab or low-speed for hire vehicle driver's permit issued
under the provisions of this chapter shall contain the following information:
� The name;
� The date of issuance;
,� The date of expiration;
� Photograph; and
� The permit number.
(2) The permit shall be displayed on a conspicuous ptace in and at all times
during the operation of the pedicab or low-speed for hire vehicle.
10 Ordinance No. 8314-12
Sec. 25.13. Renewal.
After the initial issuance of the pedicab or low-speed for hire vehicle driver's
permit, the permit shall be renewed by the driver upon providing proof that the driver
continues to possess the requirements necessary to obtain and maintain a permit as set
forth in this article and upon paying a renewal fee of $50.00.
Sec. 25.14. Prohibitions for drivers of pedicabs and low-speed for hire vehicles.
No driver of a pedicab or low-speed for hire vehicle regulated under this article
shall:
(1) Operate a pedicab or low-speed for hire vehicle without first securing from
the Director of Planning and Development a pedicab or low-speed for hire vehicle
driver's permit and displaying same as required by this article;
(2) Operate a pedicab or low-speed for hire vehicle while carrying a number of
passengers that exceeds the number of passengers that the seats were designed to
accommodate;
(3) Allow a passenger to stand in the pedicab or low-speed for hire vehicle
while the pedicab or low-speed for hire vehicle is in motion;
(4) Collect fares while the pedicab or low-speed for hire vehicle is in motion;
(5) Solicit patrons for any hotel or other business in an attempt to divert
patronage from one hotel or business to another;
(6) Operate a pedicab with more than one trailer or sidecar attached thereto;
(7} Operate a pedicab or low-speed for hire vehicle in a manner that results in
damage to public property;
(8) Leave any pedicab or !ow-speed for hire vehicle unattended on publicly
owned property at any time except to perForm such duties as required to service
passengers,
(9) Allow a passenger or anyone to sit anywhere other than the passenger seat
within the pedicab or low-speed for hire vehicle;
(10) Obstruct vehicular traffic by unnecessarily weaving or changing lanes of
travel;
(11) Obstruct vehicular traffic when picking up or unloading passengers;
11 Ordinance No. 8314-12
(12} Solicit business or pick up passengers within an area solely designated as a
bus stop or Jolly Trolley stop, or load or unload passengers where parking and
standing is prohibited;
(13) Operate the pedicab or low-speed for hire vehicle without having a
communication device, such as a cell phone or radio, in the driver's possession;
(14} Operate a low-speed for hire vehicle on bike paths, sidewalks, roadway
shoulders, streets where the posted speed limit is above 35 miles per hour, or any
other location prohibited by Florida statutes;
(15) Operate a pedicab in the "round-about" on Clearwater Beach, on streets
where the posted speed limit is above 25 miles per hour, or on any sidewalks except
momentarily on those sidewalks located near the "round-about" in order to navigate
around the "round-about"; and
(16) Refuse or neglect to transport to any place in the city where transportation
is authorized by this article any orderly person willing to pay any prescribed fare
regardless of race, sex, religion, national origin, age or physical disability (including
an assistance animal).
Sec. 25.15. Maximum daily hours for drivers.
No driver or operator of a pedicab or low-speed for hire vehicle shall drive or
operate a pedicab or low-speed for hire vehicle for more than twelve (12) hours within
any 24-hour period.
Sec. 25.16. Revocation by the Director of Planning and Development.
(1) A pedicab or low-speed for hire vehicle driver's permit issued under the
provisions of this article may be revoked by the Director of Planning and Development,
after notice and hearing, for just cause, which may include, but is not limited to, any
one (1) of the following:
,� Obtaining a pedicab or low-speed for hire vehicle driver's permit by
providing false information;
.� Committing
violation of Florida law
hire vehicle;
a violation of any of the provisions of this article or any
pertaining to the operation of the pedicab or low-speed for
� Having a permittee's Florida driver's license suspended or revoked; or
� Being classified as a sexual predator or sexual offender or being convicted
or having adjudication withheld by a court of competent jurisdiction of any felony
12 Ordinance No. 8314-12
involving dishonesty, any crime involving reckless driving or driving under the influence
of drugs or alcohol, any violation of F.S. ch. 893 pertaining to the sale of a controlled
substance, any violation of F.S. ch. 800 pertaining to lewdness and indecent exposure,
any violation of F.S. ch. 796 pertaining to prostitution, or any similar violations from
another jurisdiction.
(2) No pedicab or low-speed for hire vehicle driver's permit that has been issued
by the Director of Planning and Development shall be revoked except upon a finding of
just cause as defined in subsection (1) of this section and after a hearing before the city
manager or city manager's designee and upon at least five (5) days written notice to the
driver stating the place, date, time and purpose of such hearing and setting forth the
charges upon which such hearing shall be held. The driver shall have an opportunity to
present evidence on his or her behalf, to cross examine witnesses, and to be
represented by counsel at the hearing. The city shall have the burden of proof by a
preponderance of the evidence, and the city manager's decision shall be based solely
on the evidence presented at the hearing. Within ten (10) calendar days of the hearing,
the city manager shall file with the city clerk's office and shall serve on the driver a
written decision containing findings of fact and conclusions of the legal basis for the
decision. The decision of the city manager shall be final and conclusive, subject to
judicial review by common-law certiorari in the Circuit Court for Pinellas County.
(3) After revocation of a driver's permit pursuant to this section, no
application for a driver's permit shall be accepted or considered for a period of six (6)
months from the date of revocation.
Sec. 25.17. Surrender of pedicab or low-speed driver's permit upon revocation.
Upon the r�
such permit shall
Development.
vocation of any pedicab or low-speed for hire vehicle driver's permit,
be surrendered by the holder thereof to the Director of Planning and
Sec. 25.18. Restricted areas.
The traffic operations manager is authorized in the interest of safety to
designate certain areas wherein specified public conveyances shall be restricted and
to post signage to warn the public of such restrictions.
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.
13 Ordinance No. 8314-12
Section 2. This ordinance shall take effect 30 days from the date of adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED
Approved as to form:
�����
Robert J urette
Assistant ity Attorney
14
March 1 , 2 012
March 15, 2012
— �2c�P,t n �/'C��S
George N. Cretekos
Mayor
Attest:
. ��x.a� � C� a�-e.
�Rosemarie Call
City Clerk
Ordinance No. 8314-12