Chapter 5.50 OTHER BUSINESSES

“Advertising matter” means items whose purpose is to persuade the persons seeing or receiving them of a proposition or to take some action. “Advertising matter” need not have any connection with commercial activity; it includes but is not limited to handbills, campaign buttons, bumper stickers, and samples of products. [Ord. G-74-1, passed 4-8-74. 1962 Code, Art. 2, Ch. 9, § 1; 1982 Code § 117.001; 1983 Code § 11.117.001.]

5.50.020 Application.

Nothing contained in this article shall be construed to prohibit the distribution of all advertising matter. This article is intended only to limit the means by which advertising matter may be distributed. [Ord. G-74-1, passed 4-8-74. 1962 Code, Art. 2, Ch. 9, § 2; 1982 Code § 117.002; 1983 Code § 11.117.002.]

5.50.030 Distribution of advertising matter.

No person shall distribute advertising matter in a public place except from hand to hand, in such a way as to prevent littering the area. Persons delivering advertising matter to any part of property not owned by them or under their control shall use available walkways on the property, and shall not walk on a lawn unless no walkway is available. Persons delivering advertising matter to any property not owned by them or under their control shall deposit the material in such a way as to prevent the littering of the area. [Ord. G-74-1, passed 4-8-74. 1962 Code, Art. 2, Ch. 9, § 4; 1982 Code § 117.003; 1983 Code § 11.117.003.]

5.50.040 Distribution to occupants of vehicles.

No person shall attempt to distribute advertising matter to the occupants of vehicles being operated on a public way. No person shall place advertising matter on a vehicle parked on a public right-of-way. [Ord. G-74-1, passed 4-8-74. 1962 Code, Art. 2, Ch. 9, § 5; 1982 Code § 117.004; 1983 Code § 11.117.004.]

Cross-reference: General license fee schedule, EMC 5.05.060.

Article II. Hotels, Inns, and Public Lodging Houses

5.50.050 Definition.

For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning:

“Hotel,” “inn,” or “public lodging house” means any place operated for profit and containing six or more rooms in which lodging is furnished for hire, but shall not include hospitals, charitable or nonprofit institutions, and apartment houses which do not furnish lodging to transients. [1962 Code § 727.01; 1982 Code § 117.035; 1983 Code § 11.117.035.]

5.50.060 License required.

No person shall engage in the business of the operations of a hotel, inn, or public lodging house in the City without first having obtained a license therefor as provided in this title. [1962 Code § 727.02; 1982 Code § 117.036; 1983 Code § 11.117.036.]

5.50.070 Manner of operation.

All hotels, inns, and public lodging houses shall be conducted and operated in a clean and sanitary manner, shall comply with the laws of the State and of this code, and shall, at all reasonable times, be subject to inspection by the law enforcement officers and sanitary officers of the City. Failure to comply with these rules and regulations shall result in a revocation of the license issued under this title. [1962 Code § 727.03; 1982 Code § 117.037; 1983 Code § 11.117.037.]

Cross-reference: License fee amount, EMC 5.05.060.

Article III. Massage Parlors

5.50.080 Definitions.¹

For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Massage” means any means of treating the superficial soft parts of the human body for remedial or hygienic purposes, consisting of any one or all of the following procedures employing either the hands or instruments: rubbing, stroking, kneading, or tapping.

“Massage therapy” means the act of body massage, either by use of the hands and/or mechanical or electrical apparatus, for the purpose of massaging the human body, or reducing or contouring the body.

“Massage therapy clinic” means any business or establishment where a fee or compensation is charged to provide massage therapy.

“Massage therapy school” means any establishment where a fee or tuition is charged to instruct a person in message therapy techniques.

“Minor” means any person under the age of 18 years.

“Safety Board” means the Board of Public Safety of the City of Evansville, Indiana. [Ord. G-97-22, passed 10-27-97. 1983 Code § 11.117.045.]

5.50.090 Massage therapy licenses.

(A) License Required. No person shall perform the act of massage therapy for a fee or compensation without having a valid massage therapy license issued by the Safety Board. This article shall not apply to any person licensed by the State of Indiana to perform acts constituting massage therapy hereunder. There shall be two types of massage therapy licenses issued: general massage therapist and limited massage therapist.

(1) A general massage therapist license shall entitle the licensee to administer massage therapy at a licensed massage therapy clinic, or at any other location in the City. The fee for the general massage therapist license shall be $40.00 per year.

(2) A limited massage therapist license shall entitle the licensee to administer massage therapy only at a licensed massage therapy clinic or massage therapy school. The fee for the limited massage therapy license shall be $20.00 per year.

(3) All massage therapy licenses shall expire on December 31st of the year they are effective.

(B) Application. Each applicant for a general massage therapy license or limited massage therapy license shall make application in person at the City Controller’s office on a form prescribed by the Safety Board which shall contain the following:

(1) Name of applicant and any other names or aliases previously used by the applicant;

(2) Applicant’s current address and other addresses used by the applicant for the previous five years;

(3) Name and address of the clinic where massage therapy is to be performed if at a clinic;

(4) Proof that the applicant is at least 18 years of age;

(5) If the applicant is to be an employee, the name and address of the employer;

(6) Date, court, city and state of all convictions of any felony at any time and any misdemeanors within the last five years;

(7) Two letters of recommendation by two residents of the City;

(8) All applicants shall appear in person at the Safety Board prior to the license being issued;

(9) The applicant shall submit a current photograph of himself from the shoulders up, not less than two inches by two inches in size, without any head coverings or darkened glasses.

(C) Qualifications. The Board of Public Safety shall issue the license applied for so long as the applicant meets the following qualifications:

(1) Pays the fee provided herein;

(2) Is at least 18 years of age;

(3) Shall not have been convicted of the following crimes or adjudicated to have committed acts in any state which would constitute a violation of the following Indiana criminal statutes if committed in Indiana:

(a) Rape in violation of IC 35-42-4-1;

(b) Criminal deviate conduct in violation of IC 35-42-4-2;

(d) Child exploitation in violation of IC 35-42-4-4;

(e) Vicarious sexual gratification in violation of IC 35-42-4-5;

(f) Child solicitation in violation of IC 35-42-4-6;

(g) Child seduction in violation of IC 35-42-4-7;

(h) Sexual battery in violation of IC 35-42-4-8;

(i) Criminal confinement in violation of IC 35-42-3-3;

(j) Kidnapping in violation of IC 35-42-3-2;

(k) Voluntary manslaughter in violation of IC 35-42-1-3;

(l) Murder in violation of IC 35-42-1-1;

(m) Attempt to commit the crimes listed in subsections (C)(3)(a) through (l) of this section in violation of IC 35-41-5-1;

(n) Within the five years prior to application has not committed the following:

(i) Public indecency or indecent exposure in violation of IC 35-45-4-1;

(ii) Prostitution in violation of IC 35-45-4-2;

(iii) Patronizing a prostitute in violation of IC 35-45-4-3;

(iv) Promoting prostitution in violation of IC 35-45-4-4;

(v) Voyeurism in violation of IC 35-45-4-5;

(vi) Robbery in violation of IC 35-42-5-1;

(vii) Battery in violation of IC 35-42-2-1;

(viii) Involuntary manslaughter in violation of IC 35-42-1-4;

(ix) Theft or receiving stolen property in violation of IC 35-43-4-2;

(x) Criminal conversion in violation of IC 35-43-4-3;

(xi) Forgery in violation of IC 35-43-5-2;

(xii) Deception in violation of IC 35-43-5-3;

(xiii) Fraud in violation of IC 35-43-5-4;

(xiv) Stalking in violation of IC 35-45-10-5;

(xv) Carjacking in violation of IC 35-42-5-2;

(xvi) Aggravated battery in violation of IC 35-42-1-3.

Additionally, no applicant or licensee shall be listed on a National or State Registry of Sex Offenders.

A conviction in a court shall constitute a violation. The Safety Board shall determine if the findings of a court of another state constitute a violation of statutes listed above. The applicant shall cooperate in determining whether a violation occurred.

(D) The Police Department shall cause an investigation to be made of the applicant to see whether the applicant meets the qualifications listed above and report the department’s findings to the Safety Board prior to action by the Safety Board.

(E) Practices and Procedures.

(1) A licensee shall conduct massage therapy in accordance with the requirements of this municipal code and State and Federal law.

(2) Licensee shall not practice during any time period in which the licensee has a communicable or infectious disease, including, but not limited to, an open wound, an acute respiratory infection, vomiting or diarrhea, which may be transmitted during the performance of the massage therapy.

(3) Licensees shall thoroughly wash their hands with soap and water before starting massage therapy on each patient.

(4) The outer clothing of the massage therapist shall be clean and the licensee shall maintain a high degree of personal cleanliness.

(5) Any devices or equipment utilized in massage therapy shall be sanitized or covered with a sanitized covering prior to use.

(6) Licensees shall not commit acts constituting a violation of the laws listed in subsection (C) of this section as stated therein.

(7) Licensees shall not falsify information on their applications or give false statements to employees of the City investigating their practices, procedures and application.

(8) Licensees shall not conduct the therapy so as to cause physical harm to any patient.

(9) Licensees shall inform the Police Chief in writing, within five business days, if the information contained on the application is no longer correct.

(10) Licensees shall not perform massage therapy on any minor without a parent or guardian being present or without the written consent of a parent or guardian.

(F) License Suspension and Revocation.

(1) The Safety Board shall immediately suspend the license of any person charged with a violation of the laws listed in subsection (C) of this section pending the outcome of a due process hearing before the Safety Board.

(2) The Safety Board may revoke the license of any person who commits any crime listed in subsection (C) of this section or violates the terms and conditions listed in subsection (E) of this section.

(3) Complaints of alleged misconduct shall be made in writing to the Safety Board. The Safety Board may order a hearing on the alleged misconduct after notifying the licensee of the charges and allegations of misconduct along with the date, time and place of the hearing, which notice shall be mailed to the licensee at the licensee’s address listed on the application (or as updated by the licensee to the Police Chief). At the hearing, the licensee is entitled to call and cross-examine witnesses and present related evidence and arguments. The licensee is entitled to be represented by counsel at his expense.

(4) If the Safety Board denies the issuance of a license or revokes a license, the licensee may not reapply for a license for a period of one year. [Ord. G-97-22, passed 10-27-97. 1983 Code § 11.117.046.]

5.50.100 Massage therapy clinic and massage therapy school licenses.

(A) License Required – Exemptions. No person shall operate a massage therapy clinic or massage therapy school without obtaining a license from the Safety Board under this section. This provision shall not apply to any person who is licensed by the State of Indiana to perform acts constituting massage therapy hereunder. A licensee holding a valid massage therapy school license shall not be required to obtain a massage therapy clinic license for the same location.

(B) Application. Each applicant for a massage therapy clinic license or a massage therapy school license shall submit the following for approval by the Safety Board:

(1) If the applicant is an individual, any previous names or aliases and the residence address of the applicant. If the applicant is a partnership, the names and residence addresses of all partners. If the applicant is any other organization, the names and addresses of all persons who own five percent or more of the business and the percentage of ownership;

(2) The name and residence address of the person who manages or controls the daily operations of the clinic or school;

(3) The address of the clinic or school.

(C) Qualifications. In order to obtain and maintain a massage therapy clinic license or massage therapy school license, the applicant or licensee shall:

(1) Have the proper zoning;

(2) Not employ as a manager, instructor or massage therapist anyone who cannot meet the qualifications under EMC 5.50.090(C)(3);

(3) Not have as an owner of five percent or more of the business anyone who has been convicted of prostitution in violation of IC 35-45-4-2 or promoting prostitution in violation of IC 35-45-4-4 within five years of submitting an application, or has committed acts in any state which would constitute a violation of IC 35-45-4-4 or 35-45-4-2 if committed in Indiana;

(4) Keep the premises in a clean and healthy condition to prevent the spread of disease;

(5) Have a working lavatory at the premises and provide soap so that therapists have facilities to wash their hands;

(6) A supply of sanitary towels or a hand dryer providing heated air shall be conveniently located near each lavatory. Common towels are prohibited;

(7) Sanitize all equipment, devices and tables (or provide a sanitized protective covering) to be used by or on a patient;

(8) Use as massage therapists or instructors only persons who are also massage therapists licensed by the Safety Board or licensed to perform acts constituting massage therapy by the State of Indiana;

(9) Conduct the business in accordance with this municipal code and State and Federal law;

(10) Not permit a massage therapist to practice on an individual if the therapist has a communicable or infectious disease (including, but not limited to, an open wound, an acute respiratory infection, vomiting or diarrhea) which may be transmitted during the performance of the massage therapy;

(11) Not falsify any information on the application;

(12) Permit the Vanderburgh County Health Department, City Police, Fire Inspectors, Building Inspectors and/or other duly authorized representatives of the City to inspect the premises during working hours of the licensee to ensure compliance with this code. The licensee shall be inspected at least annually;

(13) Be in compliance with all local, State and Federal building codes, fire codes and Americans with Disabilities Act (ADA) requirements applicable to the premises;

(14) Pay a fee of $50.00 per license. Each location shall have a separate license.

(D) The Safety Board may refuse to issue a license to any applicant who does not comply with requirements of this article. The Safety Board may suspend or revoke the license of any licensee who does not comply with the requirements of this article. Such suspension or revocation shall be following the submission of charges and allegations and a hearing in which the licensees shall be entitled to call and cross-examine witnesses and present evidence. No license shall be suspended or revoked except for good cause shown. Any applicant whose license is denied, or licensee who has his license revoked, may not reapply for a period of one year from the date of final action by the Safety Board. [Ord. G-97-22, passed 10-27-97. 1983 Code § 11.117.047.]

5.50.110 Violations and penalties.

(A) Any person who practices massage therapy without a valid license issued by the Safety Board shall be subject to a fine or civil penalty of $100.00 per violation. Each day shall be considered a separate violation.

(B) Any person who owns, operates or controls a business which is a massage therapy clinic or massage therapy school without a massage therapy clinic license or massage therapy school license, respectively, shall be subject to a fine or civil penalty of $100.00 per violation. Each day shall be considered a separate violation. [Ord. G-97-22, passed 10-27-97. 1983 Code § 11.117.048.]

Cross-reference: License fee amount, EMC 5.05.060.

Article IV. Special Policemen

5.50.120 State law to govern.

The City shall hereafter be governed by the provisions of IC 36-8-3-7 concerning special policemen. [Ord. G-83-31, passed 7-25-83. 1982 Code § 117.070; 1983 Code § 11.117.070.]

Article V. Weighing or Measuring Instruments

5.50.130 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“City Inspector” means the person or persons duly authorized to inspect weighing or measuring instruments in the City.

“Instrument” means any scales, weights, beams, measures, or weighing or measuring devices of every kind, or instruments or parts thereof subject to regulation by the Division of Weights and Measures of the State Board of Health. [Ord. G-82-22, passed 4-5-82. 1962 Code, Art. 2, Ch. 22, § 1; 1982 Code § 117.100; 1983 Code § 11.117.100.]

5.50.140 City Inspector.

(A) The City Inspector is a Deputy Inspector under the direction of the State Commissioner of Weights and Measures. He shall take charge of and safely keep the City standards. The City Inspector shall have the power to inspect, test, try, and ascertain the accuracy of all instruments, tools, appliances, or accessories connected with any or all instruments used or employed within the City by any proprietor, agent, lessee, or employee in determining the size, quantity, extent, or measurement of quantities, things, produce, and articles for distribution or consumption offered or submitted by such person or persons for sale, hire, or award. The City Inspector shall as often as he deems necessary, or as required by law, see that the instruments and apparatus used in the City comply with State law and regulations.

(B) The City Inspector shall have such other duties, powers, and authority as granted by this municipal code, the State Commissioner of Weights and Measures, or the laws of the State. [Ord. G-82-22, passed 4-5-82. 1962 Code, Art. 2, Ch. 22, § 2; 1982 Code § 117.101; 1983 Code § 11.117.101.]

5.50.150 Mobile instruments.

(A) If an instrument is mobile or otherwise operated at more than one location and is not made available to be inspected by the City Inspector at a permanent business location during regular business hours of the City, the City Inspector shall have the authority to order the owner or operator to present the instrument for inspection by the City Inspector at a time and location designated by the City Inspector.

(B) It shall be a violation of this article for any person to fail to comply with the orders of the City Inspector.

(C) If any person fails to present an instrument for inspection, the City Inspector may issue a citation, condemn the instrument, or otherwise render it inoperable by utilizing the same procedures he would use if the instrument were found to be false or fraudulent, or utilize any other procedure or remedy available by law or granted in this municipal code. [Ord. G-82-22, passed 4-5-82. 1962 Code, Art. 2, Ch. 22, § 3; 1982 Code § 117.102; 1983 Code § 11.117.102.]

5.50.160 Instrument repair and installation.

(A) Any person engaged in the business of repairing or installing instruments shall have all testing equipment inspected and certified by the Division of Weights and Measures of the State Board of Health before engaging in the business and at least once each year thereafter. However, weights of more than 50 pounds are required to be certified by the Division of Weights and Measures of the State Board of Health only once each two years. A copy of the certification shall be filed with the City Inspector.

(B) Any person engaged in the business of repairing or installing instruments shall have a current knowledge of the State rules and regulations concerning tolerances and standards for instruments and use his best efforts to install or repair instruments so that the instruments comply with State rules and regulations.

(C) All owners or operators of instruments shall inform the City Inspector that an instrument has been installed and give its location prior to that instrument being placed into service. [Ord. G-83-9, passed 4-4-83; Ord. G-82-22, passed 4-5-82. 1962 Code, Art. 2, Ch. 22, § 4; 1982 Code § 117.103; 1983 Code § 11.117.103.]

5.50.170 Numbering of instruments.

Any person who owns or operates more than one instrument of a particular type at a business location shall serially number each instrument in such a manner that the instrument may be readily distinguished from other such instruments of that type. [Ord. G-82-22, passed 4-5-82. 1962 Code, Art. 2, Ch. 22, § 5; 1982 Code § 117.104; 1983 Code § 11.117.104.]

5.50.180 Compliance with State standards required.

No person engaged in the business of selling, buying, bartering, or exchanging goods or commodities by weight, measurement, or volume shall use an instrument in his business operations for such purpose which does not meet the standards established by the State or the Division of Weights and Measures of the State Board of Health. [Ord. G-82-22, passed 4-5-82. 1962 Code, Art. 2, Ch. 22, § 6; 1982 Code § 117.105; 1983 Code § 11.117.105.]

State law reference: 410 410 12-1-1.

5.50.190 Security seals.

(A) When a weighing or measuring device is security-sealed by a City Inspector, such security seal shall not be cut, severed, or removed without permission of a City Inspector. Any weighing or measuring device designed to be security-sealed shall be sealed by a City Inspector.

(B) Repairmen whose equipment is certified under EMC 5.50.160 may remove a security seal for the purpose of making repairs without prior approval of a City Inspector. Repairmen who cut, sever, or remove a security seal shall immediately notify the City of Evansville-Vanderburgh County Weights and Measures office of such action.

(D) No weighing or measuring device which has been security-sealed by a City Inspector shall be used in the business of selling, buying, bartering, or exchanging of goods or commodities if the security seal has been cut, severed, or removed until it is resealed by a City Inspector or permission is given by a City Inspector if immediate resealing is impractical. [Ord. G-87-36, passed 12-14-87. 1982 Code § 117.106; 1983 Code § 11.117.106.]

Article VI. Horse-Drawn Carriages

5.50.200 Definition.

For the purposes of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning:

“Carriage” means a vehicle drawn by one or more horses used to transport one or more persons. [Ord. G-87-19, passed 6-27-87. 1982 Code § 117.200; 1983 Code § 11.117.200.]

5.50.210 Carriage business license.

(A) License Required. No person shall engage in the business of operating a carriage for hire within the City without obtaining and maintaining a carriage business license pursuant to this article.

(B) Application. Any person desiring to obtain a carriage business license shall be required to submit the following information:

(1) Name, local address and telephone number, primary business address and telephone number;

(2) If a partnership, the names and addresses of all partners;

(3) If a corporation, the names and addresses of the principal officers and the directors of the corporation;

(4) If any other type of business enterprise, the names and addresses of all owners and officers;

(5) Location of any similar business enterprise;

(6) Proof of required liability coverage;

(7) A list of rates and charges;

(8) A copy of the annual health examination of the horses to be used in the operation of the business;

(9) Any other information required herein by the Board of Public Safety to effectuate the purposes herein.

(C) Issuance and Approval. A carriage business license shall be issued by the City Controller following approval by the Board of Public Safety and payment of the fee provided in subsection (D) of this section.

(D) License Fee. The annual fee for the carriage business license shall be $25.00. This fee shall not be prorated or reduced upon suspension, revocation, or for shorter periods of use. The fee shall be paid before the license is issued. [Ord. G-87-19, passed 6-27-87. 1982 Code § 117.201; 1983 Code § 11.117.201.]

5.50.220 Carriage standards.

No person shall operate a carriage for hire upon City streets and rights-of-way which does not meet the following standards:

(A) Carriage wheels shall be equipped with rubber or rubber-like covering to protect streets from damage and reduce noise.

(B) Carriages shall be equipped with operable brakes, tail lights, brake lights, and turn signals on the rear of the vehicle.

(C) Carriages shall be equipped with front lights on both sides that will emit light to the front and side that will be visible for a distance of 500 feet.

(D) Carriages shall be equipped with a device to catch manure and prevent its falling to the pavement.

(E) Carriages shall be equipped with a chemical to be poured over horse urine by the driver so as to break down and eliminate accumulated agents and odors.

(F) Carriages shall be equipped with a slow-moving vehicle sign approved by the State of Indiana and attached to the rear of the vehicle.

(G) Carriages shall be equipped with rate cards affixed to the carriage in a prominent location so as to advise prospective clientele of the rates and fares. Rate cards shall bear the name and address of the carriage business and a complete schedule of rates and fares which shall be the same as the rates and fares on file in the City Controller’s office. [Ord. G-87-19, passed 6-27-87. 1982 Code § 117.202; 1983 Code § 11.117.202.]

5.50.230 Operation of carriage.

The driver or operator of a carriage for hire shall:

(A) Safely operate the carriage;

(B) Comply with all laws, ordinances, and rules and regulations of the Board of Public Safety concerning the operation of carriages;

(C) Not solicit patronage in a loud tone of voice or in any manner annoy or obstruct the movement of persons or follow any person for the purpose of soliciting business;

(D) Apply a chemical over horse urine so as to break down and eliminate accumulated agents and odors;

(E) Dispose of manure in a sanitary manner. [Ord. G-87-19, passed 6-27-87. 1982 Code § 117.203; 1983 Code § 11.117.203.]

5.50.240 Liability coverage.

(A) No carriage business shall operate a carriage for hire within the City without obtaining and maintaining public liability insurance. Such policy of insurance shall name the City as an additional insured.

(B) The required amount of liability insurance coverage hereunder shall not be less than $250,000 for the injury or death of any one individual and $500,000 per occurrence, and with $50,000 property damage. [Ord. G-87-19, passed 6-27-87. 1982 Code § 117.204; 1983 Code § 11.117.204.]

5.50.250 Violations.

(A) Any violation of this article shall be grounds for suspension or revocation of any license issued hereunder. Suspension and revocation shall be by the Board of Public Safety following notice and hearing thereon.

(B) Failure to comply with the provisions of this article shall be grounds for denial of a license. Denial may be reviewed, at the request of the applicant, by the Board of Public Safety.

(C) Failure to comply with any of the terms of this article shall constitute a violation of this article and subject the violator to the penalties provided in EMC 5.50.900(A). [Ord. G-2017-20 § 2, passed 8-15-17; Ord. G-87-19, passed 6-27-87. 1982 Code § 117.205; 1983 Code § 11.117.205.]

5.50.260 Term of licenses.

The license issued hereunder shall be valid for a term of one year and shall expire on midnight of December 31st of the year of issuance unless sooner revoked or suspended as provided in EMC 5.50.250. [Ord. G-87-19, passed 6-17-87. 1982 Code § 117.206; 1983 Code § 11.117.206.]

5.50.270 Board of Public Safety.

The Board of Public Safety shall have the authority to adopt rules and regulations concerning the operation of carriages, including, but not limited to:

(A) The authority to provide for areas upon the streets and public rights-of-way of the City exclusively or nonexclusively for the use of loading and unloading of carriage passengers; such areas to be referred to as “carriage stands.”

(B) The authority to authorize, limit, or prohibit the operation, parking, or standing of horse-drawn vehicles upon the public streets and public rights-of-way (including but not limited to the use of the Main Street Walkway) at such dates, times, locations, and conditions as the Board of Public Safety deems best with due regard to public safety, aesthetics, convenience of the public, and accommodation of special events. Such rules and regulations of the Board of Public Safety shall be effective when:

(1) Posted; or

(2) Forty-eight hours from the time notice is sent by depositing a copy thereof in the United States Mail, postage prepaid, addressed to the licensee at the local address shown on the application for the carriage business license.

(C) Two copies of the rules and regulations of the Board of Public Safety herein shall be maintained in the City Clerk’s office for public inspection. [Ord. G-87-19, passed 6-27-87. 1982 Code § 117.207; 1983 Code § 11.117.207.]

Article VII. Pedicabs

5.50.300 Purpose.

The purpose of this article is to establish policies, procedures, and regulations for the operation of pedicabs and like vehicles which are propelled by one operator and are not animal-powered, carry one or more passengers for hire, and utilize public rights-of-way and other public property for a portion or all of a trip for hire. [Ord. G-2017-20 § 3, passed 8-15-17.]

5.50.310 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Operator” means any person who operates, drives, propels, or steers a pedicab.

“Pedicab” means a bicycle with three or more wheels operated and propelled by one person for the purpose of, or capable of, transporting passengers in seats or a platform made a part thereof. This definition shall not include a bicycle with trainer or beginner wheels affixed thereto, nor shall it include a wheelchair or other similar vehicle designed for the purpose of transporting a disabled person, nor shall it include a tricycle built for a child or an adult with a seat for only one operator and no passenger. [Ord. G-2017-20 § 3, passed 8-15-17.]

5.50.320 Pedicab business license.

(A) License Required. No person shall engage in the business of operating a pedicab for hire within the City without obtaining and maintaining a pedicab business license pursuant to this article.

(B) Application. Any person desiring to obtain a pedicab business license shall be required to submit the following information:

(1) Name, local address and telephone number, primary business address, and telephone number;

(2) If a partnership, the names and addresses of all partners;

(3) If a corporation, the names and addresses of the principal officers and the directors of the corporation;

(4) If any other type of business enterprise, the names and addresses of all owners and officers;

(5) Location of any similar business enterprise;

(6) Proof of required liability coverage;

(7) A list of rates and charges;

(8) Any other information required herein by the Board of Public Safety to effectuate the purposes herein.

(C) Issuance and Approval. A pedicab business license shall be issued by the City Controller following approval by the Board of Public Safety and payment of the fee provided in subsection (D) of this section.

(D) License Fee. The annual fee for the pedicab business license shall be $25.00. This fee shall not be prorated or reduced upon suspension, revocation, or for shorter periods of use. The fee shall be paid before the license is issued. [Ord. G-2017-20 § 3, passed 8-15-17.]

5.50.330 Pedicab standards.

No person shall operate a carriage for hire upon City streets and rights-of-way which does not meet the following standards:

(A) Pedicab wheels shall be equipped with rubber or rubber-like covering to protect streets from damage and reduce noise.

(B) Pedicabs shall be equipped with operable brakes, tail lights, brake lights, and turn signals on the rear of the vehicle.

(C) Pedicabs shall be equipped with electrically powered lights or lanterns and with reflectors, which lights shall be in use when operating during the hours of darkness and when raining. The lights and reflectors shall be mounted so that they are visible from a distance of 500 feet in any direction. [Ord. G-2017-20 § 3, passed 8-15-17.]

5.50.340 Operation of pedicab.

The driver or operator of a pedicab for hire shall:

(A) Safely operate the pedicab;

(B) Comply with all laws, ordinances, and rules and regulations of the Board of Public Safety concerning the operation of pedicabs; and

(C) Not solicit patronage in a loud tone of voice or in any manner annoy or obstruct the movement of persons or follow any person for the purpose of soliciting business. [Ord. G-2017-20 § 3, passed 8-15-17.]

5.50.350 Liability coverage.

(A) No pedicab business shall operate a pedicab for hire within the City without obtaining and maintaining public liability insurance. Such policy of insurance shall name the City as an additional insured.

5.50.360 Violations.

(B) Failure to comply with the provisions of this article shall be grounds for denial of a license. Denial may be reviewed, at the request of the applicant, by the Board of Public Safety.

5.50.370 Term of licenses.

5.50.380 Board of Public Safety.

The Board of Public Safety shall have the authority to adopt rules and regulations concerning the operation of pedicabs, including, but not limited to:

(A) The authority to provide for areas upon the streets and public rights-of-way of the City exclusively or nonexclusively for the use of loading and unloading of pedicab passengers, such areas to be referred to as “pedicab stands.”

(B) The authority to authorize, limit, or prohibit the operation, parking, or standing of pedicabs upon the public streets and public rights-of-way at such dates, times, locations, and conditions as the Board of Public Safety deems best with due regard to public safety, aesthetics, convenience of the public, and accommodation of special events. Such rules and regulations of the Board of Public Safety shall be effective when:

(1) Posted; or

(C) Two copies of the rules and regulations of the Board of Public Safety herein shall be maintained in the City Clerk’s office for public inspection. [Ord. G-2017-20 § 3, passed 8-15-17.]

Article VIII. Violation – Penalty

5.50.900 Penalty.

(A) Any person violating any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180.

(B) Any person who violates a provision of EMC 5.50.150 through 5.50.190 shall be subject to the penalty provided in EMC 1.05.180. However, it shall be a defense that the violation constitutes a crime or infraction under State law. [Ord. G-2017-20 § 1, passed 8-15-17; Ord. G-87-36, passed 12-14-87; Ord. G-82-22, passed 4-5-82. 1962 Code, Art. 2, Ch. 22, § 8; 1982 Code § 117.999; 1983 Code § 11.117.999. Formerly 5.50.280.]

Prior legislation: Ord. G-70-11. 1962 Code §§ 731.01, 731.02 and 731.04; 1982 Code §§ 117.045, 117.046 and 117.048.