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Home My WebLink AboutOrdinance - 2017-O0096 - Amending Chapter 24 - Non-Motorized Vehicles - 08/10/2017First Reading July 27,2017 Item No.7.14 ORDINANCE NO.7m7-O0nQ6 Second Reading August 10,2017 Item No.7.15 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,TEXAS, BY AMENDINGARTICLE 24.02,DIVISION 5 -NON-MOTORIZED VEHICLES"TO DELETE A DUPLICATIVE PROVISION AND ARTICLE 24.03,DIVISION 4 "SERVICE RULES"TO EXCEPT NON- MOTORIZED VEHICLES FROM VARIOUS PROVISIONS AND 5 "NON- MOTORIZED VEHICLES"TO REVISE NON-MOTORIZED VEHICLE PERMITTING,ROUTES,AND REQUIREMENTS;PROVIDING A SAVINGS CLAUSE;PROVIDING A PENALTY CLAUSE;AND PROVIDING FOR PUBLICATION. WHEREAS,Chapter 24,Articles 24.02 and 24.03 of the Code of Ordinances for the Cityof Lubbock set forth the non-motorized vehicle policy fortheCityof Lubbock;and WHEREAS,the Code of Ordinances sets forth the service rules,permit application policy,routing,and the requirements for non-motorized transportation vehicles for the City of Lubbock;and WHEREAS,the City Council of the City of Lubbock, Texas deems it in the best interest of the citizens of Lubbock to make the following amendments to Chapter 24 of the Code of Ordinances with regard to non-motorized vehicles; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1.THAT Article 24.02, Division 5 of Chapter 24 of the Code of Ordinances of theCityof Lubbock,Texas,is hereby deleted in its entirety. SECTION 2. THAT Section 24.03,Divisions 4 and 5 of Chapter 24 of the Code of Ordinances of the City of Lubbock,Texas, are herebyamended to read as follows: Division 4.Service Rules Sec.24.03.060 Number of passengers (a)While providing services fora transportation network company,nodrivershall carry more passengers during onetrip than the number of seatbelt equipped seating positions inthe vehicle.The driver shall know how to properly install and safely use a child safety seat. (b) This section doesnotapplyto non-motorized passenger transport vehicle services provided bya transportation networkcompany. Sec.24.03.062 No driver solicitation or bailable vehicles (a) A transportation network company driver may notsolicitor hail passengers. (b) This section does not apply to non -motorized passenger transport vehicle services provided by a transportation network company. Sec. 24.03.066 Electronic payment methods (a) A transportation network company and its drivers must allow fares to be paid by credit card, debit card, and other such types of commonly accepted electronic payment. (b) When accepting an electronic payment, a transportation network company or driver must use a secure processing method that encrypts information transmitted to authenticate the payment transaction for approval. (c) This section does not apply to non -motorized passenger transport vehicle services provided by a transportation network company. Sec. 24.03.067 Rates and fares (a) If a transportation network company accepts payment for services provided by its drivers, then the transportation network company shall inform the payor of the rate of the service before the service is provided. (b) A transportation network company must disclose its rates on its digital network or website. (c) A transportation network company or its driver shall provide the payor with a legible receipt at the time of payment. The receipt, or a contemporaneously produced document, must contain the following information: (1) The date and time of the trip; (2) The fare rate; (3) The total fare; (4) An itemization showing how the fare was calculated; (A) The trip distance (if the fare was based in whole or in part on distance); (B) The duration of the trip in minutes (if the fare was based in whole or in part on time); (5) The name and phone number of the transportation network company under which the driver was operating at the time of the ride a means of contacting the transportation network company with any complaints; and (6) The driver's full name. (d) The receipt may be submitted to the payor electronically if the payor agrees to accept an electronic receipt. (e) A transportation network company or its driver may not quote, charge, or attempt to charge a fare higher than the fare calculated based on the transportation network company's published rates. (f) This section does not apply to non -motorized passenger transport vehicle services provided by a transportation network company. Division 5. Non -motorized Vehicles Sec.24.03.090 Route (a) City -approved route: It shall be lawful for a non -motorized vehicle to operate between the hours of 9:00 a.m. and 11:00 p.m. within the boundaries as depicted in Figure 1 appended to this Ordinance; (b) Preapproval required: Operator of any non -motorized passenger transport vehicles for any other route other than that listed in this section must submit a proposed route to the office of the city secretary for approval prior to permitting. Proposed routes must be submitted for approval ten (10) calendar days prior to the event date; (c) No route under this section shall authorize any travel on any major thoroughfare within city limits, as shown upon the master thoroughfare plan map of the city; (d) Travel authorized under this section allows crossing at signalized intersections of thoroughfares within, adjacent to, and upon the approved routes; and (e) Non -motorized vehicles may utilize any unoccupied commercial loading zone to load and unload passengers. All non -motorized vehicles must give the right-of-way to all other authorized motor or non -motorized vehicles. Sec.24.03.091 Parking (a) When operating within the city -approved route, permitted operators must not park non -motorized vehicles, trailers, carriages or any other equipment or animals upon any private property without prior written approval from said property owner. Operators may use the following city -owned lots for parking so long as no other permits have been issued for the same lot, and no city function or emergency requires the use of said lots: (1) The Health Department parking lot on the northwest corner of Crickets Avenue and 18th Street, between the hours of: (A) 5:30 p.m. to 11:30 p.m., Monday through Friday; and (B) 9:00 a.m. to 11:30 p.m., Saturday and Sunday; (2) The city -owned parking lot on the northwest corner of Avenue K and 1 Oth Street, between the hours of: (A) 5:30 p.m. to 11:30 p.m., Monday through Friday; and (B) 9:00 a.m. to 11:30 p.m., Saturday and Sunday; and (3) The city -owned parking lots on the northeast and southwest corners of Avenue K and 9th Street, between the hours of (A) 5:30 p.m. to 11:30 p.m., Monday through Friday; and (B) 9:00 a.m. to 11:30 p.m., Saturday and Sunday. (b) When operating on any other route approved through the office of the city secretary, it shall be unlawful to park non -motorized vehicles, trailers, carriages, or any other equipment or animals upon any private property, without prior written approval from said property owner; and (c) At no time, may any parking or use of non -motorized vehicles interfere with traffic in any area. Sec. 24.03.092 Application for non -motorized vehicle permit (a) It shall be unlawful within the city limits for any person to operate a non - motorized vehicle for transportation of passengers without first having obtained the required city permit; (b) Permit fees shall be in accordance with Sec. 24.01.006 of this code of ordinances; (c) The city secretary may set the number of permits that may be issued for each type of non -motorized vehicle within the city limits; (d) Permits issued in accordance with this section are non-transferrable and will be made void upon transfer; and (e) Permits issued by the office of the city secretary under this section must be in the possession of the permit holder during all operations in accordance with said permit. Sec. 24.03.093 Operational requirements for horse-drawn carriages (a) Before any horse may be used in a non -motorized passenger transport service, the transportation network company permit holder must furnish to the city secretary: (1) A state certificate of veterinarian inspection identifying the horse by description or photograph and showing that the horse has been examined at least once within the preceding six (6) months by a veterinarian licensed by the state who specializes in equine medicine; (2) Proof of annual immunization record, including but not limited to: rabies, Venezuelan equine encephalomyelitis, eastern and western equine encephalomyelitis, tetanus, influenza, and annual negative Coggins test; and (3) Photographs showing identifying markings of the horse. (b) A horse used in a non -motorized passenger transport service must: (1) Be appropriately shod to work on paved streets; (2) Not have any open wound, oozing sore, cut below skin level, or bleeding wound; (3) Not have obvious evidence of lameness, such as but not limited to head bobbing or irregular rhythm; (4) Be offered no less than five (5) gallons of drinking water every two (2) hours; (5) Have at least a 10-minute rest period after every fifty (50) minutes worked. Horses shall be considered as working when pulling a carriage that is being presented to the public as a carriage for hire; (6) Not work longer than eight hours in a 24-hour period with a minimum of twelve (12) hours rest; (7) Have all harnesses properly fitted and in good repair with no deficiencies that could reasonably be deemed a safety hazard; (8) Be properly cleaned with no offensive odors or caked dirt or mud; (9) Wear a special sanitary device for containing animal excrement on routes, streets, rest areas, and parking areas. All animal excrement collected in the devices must be transported by operator to operator's stable for disposal; (10) Not work when the outside temperature exceeds ninety-five (95) degrees Fahrenheit; and (11) Not show obvious signs of emaciation, dehydration, or exhaustion. Sec. 24.03.094 Operator requirements and conduct (a) The city secretary, with the assistance of the city's animal services department, may require the transportation network company or driver of a horse-drawn carriage to remove from service any horse that appears to be ill, overtired, undernourished, overloaded, injured, or lame or whose health or life, in the opinion of a veterinarian or qualified equine animal services officer, is in imminent danger. To reinstate a horse removed from service, the horse must be re-examined and a new state certificate of veterinarian inspection issued for the horse by a veterinarian licensed by the state and specializing in equine medicine, which certificate must be submitted to the city secretary; (b) It is an offense to knowingly or intentionally harass, startle, attempt to harass, attempt to startle, or otherwise treat a horse inhumanely while it is working in a non - motorized passenger transport service; and (c) A horse shall be transported in a trailer if it is required to go to a job location in the city that is more than one mile from the location where the horse is stabled. Sec. 24.03.095 Non -motorized passenger transport vehicle equipment (a) All non -motorized passenger transport vehicle equipment shall be maintained in such a manner as to comply with all applicable federal, state, and local laws and regulations; (b) A transportation network company and driver shall, at all times, keep each non - motorized passenger transport vehicle in use clean, free of refuse, and in safe operating condition; and (c) All non -motorized passenger transport vehicles that are in service at twilight and thereafter, must be equipped with operating electrical lights and reflectors, including but not limited to two (2) lamps in the front of the vehicle, reflectors on the back, and a slow -moving vehicle emblem as defined by the Texas Transportation Code 547.001(8). Sees.24.03.096-24.03.109 Reserved Division 6. Insurance Sec. 24.03.110 Insurance policy requirements and prohibitions A transportation network company shall procure and keep in full force and effect no less than the insurance coverage required by this chapter through a policy or policies written by an insurance company that is listed as an authorized auto liability lines carrier on the Texas Department of Insurance's List of Authorized Insurance Companies or a surplus lines insurer listed on the Texas Department of Insurance's list of Eligible Surplus Lines Insurance Companies. Sec. 24.03.111 Minimum insurance limits The liability coverage for transportation network company vehicles must meet the minimum insurance coverage standards required by the City of Lubbock. SECTION 3.THAT a violation of any provision of this Ordinance shall be deemed a misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code of Ordinances of the City of Lubbock. SECTION 4.THAT should any paragraph, sentence, clause, phrase or work of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 27th day of July , 2017. Passed by the City Council on second reading this IOth day of August , 2017. DANIEL M. POPE, MAYOR ATTEST: D'O', "- Reb tea Garza, City Secretary APPROVED AS TO CONT T: Juan A. 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