4311 commercial pedal busses Ordinance No. 2014- 4311
An ordinance of the City of Sanford, Florida relating to
the regulation of commercial pedal buses; providing for
fees and requirements; providing for prohibited and
unlawful actions and activities; providing for the
adoption of administrative rules and the taking of
implementing administrative actions; providing for
penalties and enforcement; providing for conflicts;
providing for a savings provision; providing for
codification; providing for severability and providing for
an effective date including the provision relating to a
trial period pertaining to the use of alcoholic beverages
(beer and wine).
Be It Enacted By The People Of The City Of Sanford, Florida:
Section 1. Legislative findings and intent. A new section of the City Code of
the City of Sanford, Florida is created to read as follows:
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to this Ordinance.
(b). The authorization of the use of pedal buses in the City of Sanford is
intended to provide potentially new and unique site seeing possibilities with a new
method to appreciate and tour the intriguing historic ambiance and the various
significant and interesting landmarks of the City.
(c). It is not the intent of the City Commission to, in any way, conflict with
controlling State law including, but not limited to, controlling State law relating to the
regulation of traffic and the rules of the road or the regulations relating to the lawful use
and sale of alcoholic beverages.
(d). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
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Section 2. Regulation of commercial pedal buses. A new section of the City
Code of the City of Sanford, Florida is created to read as follows:
(a). Definitions. The following definitions shall have the following meanings in
this Ordinance unless the context of usage clearly demands otherwise:
(1). Commercial pedal bus means a pedal bus used or operated in connection
with a commercial enterprise.
(2). Commercial pedal bus driver means an individual who drives or controls
steering or braking of a commercial pedal bus operating on a City street and holds an
appropriate State of Florida commercial drivers license as determined by administrative
rule adopted by the Chief of Police.
(3). Fiscal year means the period beginning on October 1 and ending on
September 30 of the following calendar year.
(4). Pedal bus means a wheeled vehicle designed to be propelled solely by
passengers via pedaling, with brakes and steering operated by a non-pedaling driver.
(b). Commercial operation of pedal buses restricted; permit required.
(1). The use of City streets for operation of a commercial pedal bus is
restricted to guided tours and sight-seeing as set forth in this Ordinance and any other
use is prohibited and unlawful.
(2). It is prohibited and unlawful for a person to operate a business involving
the use of pedal buses on the streets of the City without having first obtained a permit in
accordance with the requirements of this Ordinance.
(3). A permit issued under this Ordinance will be effective only for the fiscal
year in which issued, unless suspended or revoked sooner pursuant to this Ordinance.
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(c). Permit application; application fee.
(1). Application for a permit to operate a commercial pedal bus or buses must
be made on forms provided by the City and include such information as the City may
require including, but not limited to, the following:
(A). The name of the applicant.
(B). The proposed fixed place of business as required by this Ordinance.
(C). The make, model, serial number, color, and passenger capacity of each
pedal bus to be used in the business.
(D). If the applicant is an individual, his or her residence address.
(E). If the applicant is a partnership, the names and residence addresses of
each co-partner, and the name of the partnership.
(F). If the applicant is a corporation or limited liability company, the names and
addresses of all current officers or members.
(G). The business trade name under which the pedal buses will be operated.
(H). The names and addresses of all commercial pedal bus drivers who will be
driving the applicant's pedal buses.
(I). The proposed schedule of dates and hours of operation of pedal buses.
(J). The proposed pedal bus route or routes, including all locations proposed
for passenger loading and unloading and all temporary stopping locations. Each
separate route is subject to the permitting requirements of this Ordinance.
(K). A description of the applicant's proposed commercial pedal bus driver
dress code, including a depiction of the trade name identification or logo to be included
on the driver's uniform. The dress code must meet the minimum dress requirements set
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forth below.
(L). The name and address of the person designated by the applicant to
receive notices for the applicant, if the applicant is a corporation or partnership.
(M). Proof of insurance meeting the requirements of this Ordinance.
(2). The applicant must submit an application fee of $100.00, or a fee in such
later amount established by resolution adopted by the City Commission, for the
administrative costs of processing the application which application fee is
nonrefundable.'
(d). Review and approval.
(1). The City will review the completed application to ensure compliance with
this Ordinance and the Land Development Code including, but not limited to, a
determination as to whether each place of business for the application is an authorized
use under the zoning classification assigned to the properties.
(2). A permit will only be issued when the City is able to verify compliance with
all applicable regulations and the applicant has paid the fees required by this Ordinance
and the appropriate business tax for each pedal bus to be placed in service.
(3). A permit issued under this Ordinance will state the approved trade name,
the name and address of the person designated to receive notices, the make and model
of each pedal bus authorized to be used by the permittee, the route or routes approved,
and the approved dates and hours of operation. The permit will include any additional
conditions the City may impose to ensure compliance with the requirements of this
Ordinance.
1 Under the codification powers of this Ordinance and the City Code, the Code codifier is authorized to change the dollar amount
set forth in this Section as such fee is revised and amended from time-o-time.
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(4). The City will issue one decal and one permit for each pedal bus
authorized by the permit. The decals must be placed in a conspicuous place on the
pedal bus.
(e). Trade name required.
(1). It is prohibited and unlawful for a person to conduct a commercial pedal
bus business, or otherwise operate a pedal bus, within the City unless the person has
adopted and uses an approved, uniform trade name for the business, which must be
prominently displayed on pedal buses operated by or in connection with the business.
(2). No trade name will be approved if the name contains language,
references, or symbols not suitable for minors, vulgar language, or has the potential to
confuse the identity of the permittee with any other business or organization, including
governmental organizations, or may be harmful to children.
(f). Fixed place of business required.
(1). It is prohibited and unlawful for a person to person to operate a business
involving the use of pedal buses on the streets within the City unless the person
establishes and maintains a fixed headquarters on private property for the operation of
the company's business.
(2). If located within the City Limits, the headquarters must conform to the
codes and ordinances of the City and provide adequate conforming off-street parking
space for all pedal buses stored at the site.
(3). It is prohibited and unlawful for a person to move the headquarters without
an approved transfer of the permit be issued by the City relative to another location.
(g). General operating conditions.
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(1). Every commercial pedal bus must be operated in accordance with the
following requirements:
(A). Operation must be for the primary purpose of providing guided touring and
sightseeing of the City to pedal bus passengers.
(B). It is prohibited and unlawful for a person to operate a pedal bus to provide
taxi service.
(C). It is prohibited and unlawful for a person to operate a commercial pedal
bus on public streets where the posted speed limit exceeds 30 miles per hour; provided,
however, that such vehicles may cross public streets with posted speed limits in excess
of 30 miles per hour incidental to travel along permitted public streets.
(D). A commercial pedal bus may operate solely on those City streets included
as part of the route approved in the permit issued. A permit may include provisions
restricting locations for storage of pedal buses, or requiring the use of transport vehicles
to and from the assigned routes, when not in use. Under no circumstances will
approved routes include the City's RiverWalk system. In addition, the City may
temporarily prohibit a commercial pedal bus from operating on all or a portion of its
assigned route when necessary for public health, safety, or welfare, such as street
closings and major event periods.
(E). Except for emergencies, passenger loading and unloading will be confined
to those locations designated in the permit.
(F). Except for emergencies, the temporary stoppage of the pedal bus along
the route will only be permitted for such purposes as may be specifically outlined and
approved in the permit.
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(G). Each pedal bus shall move to the edge of street pavement before loading
or unloading passengers.
(H). It is prohibited and unlawful for a person to pause or stop a commercial
pedal bus for the sole or predominant purpose of narrating a tour.
(I). The decal provided by the City as part of a permit must be affixed to each
pedal bus at all times while the pedal bus is in operation within the City.
(2). It is prohibited and unlawful for a person to violate the provisions of this
Subsection.
(h). Pedal bus requirements.
(1). Each commercial pedal bus must meet the following requirements:
(A). Each pedal bus shall have a fixed seating capacity for 5 or more
passengers, a maximum length of 20', a maximum width of 6' 6", and a maximum height
of 12'.
(B). Each pedal bus must be designed and used as a single unit.
(C). It is prohibited and unlawful for a person to operate any pedal bus that
consists of 2, or more, separate units attached or connected by devices such as a hitch,
ball and socket, noose, or chain.
(D). Each pedal bus shall be equipped with a pair of battery operated
headlights capable of projecting a beam of white light for a distance of 500', and a pair
of battery operated taillights each exhibiting a red light visible from a distance of 600'.
(E). Each pedal bus shall be designed and used such that steering and
braking is under the control of the pedal bus driver and is not controlled in any manner
by any passenger.
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(F). Each pedal bus shall be used as originally manufactured.
(G). It is prohibited and unlawful for a person to use any pedal bus that uses
braking, seating, pedals, or steering other than those that are a part of the original
manufacture, or that reasonably appear to be unsafe.
(H). All pedal buses are deemed to be bicycles as that term is used in
provisions of the Florida Statutes and all pedal buses shall comply with any and all
regulations of the State applicable to bicycles including, but not limited to, Section
316.2065, Florida Statutes.2
2 That statutory provision states as follows:
"316.2065 Bicycle regulations.—
(1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other
vehicle under this chapter,except as to special regulations in this chapter,and except as to provisions of this chapter which by their
nature can have no application.
(2) A person operating a bicycle may not ride other than upon or astride a permanent and regular seat attached thereto.
(3)(a) A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped, except
that an adult rider may carry a child securely attached to his or her person in a backpack or sling.
(b) Except as provided in paragraph (a), a bicycle rider must carry any passenger who is a child under 4 years of age, or who
weighs 40 pounds or less,in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the
child from the moving parts of the bicycle.
(c) A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate
control of the bicycle.
(d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened
securely upon the passenger's head by a strap and that meets the federal safety standard for bicycle helmets,final rule, 16 C.F.R.
part 1203. A helmet purchased before October 1, 2012, which meets the standards of the American National Standards Institute
(ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation(1984 Standard for Protective Headgear
for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department may continue to
be worn by a bicycle rider or passenger until January 1,2016.As used in this subsection,the term"passenger"includes a child who
is riding in a trailer or semitrailer attached to a bicycle.
(e) Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a verbal warning to a bicycle
rider or passenger who violates this subsection.A bicycle rider or passenger who violates this subsection may be issued a citation
by a law enforcement officer and assessed a fine for a pedestrian violation, as provided in s. 318.18. The court shall dismiss the
charge against a bicycle rider or passenger for a first violation of paragraph (d) upon proof of purchase of a bicycle helmet that
complies with this subsection.
(4) No person riding upon any bicycle,coaster, roller skates,sled,or toy vehicle may attach the same or himself or herself to any
vehicle upon a roadway.This subsection does not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or
semitrailer is commercially available and has been designed for such attachment.
(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the
conditions then existing shall ride in the lane marked for bicycle use or,if no lane is marked for bicycle use,as close as practicable
to the right-hand curb or edge of the roadway except under any of the following situations:
1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid any condition or potential conflict, including, but not limited to, a fixed or moving object,
parked or moving vehicle, bicycle,pedestrian, animal, surface hazard, turn lane,or substandard-width lane,which makes it unsafe
to continue along the right-hand curb or edge or within a bicycle lane. For the purposes of this subsection, a"substandard-width
lane°is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
(b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand
curb or edge of such roadway as practicable.
(6) Persons riding bicycles upon a roadway may not ride more than two abreast except on paths or parts of roadways set aside for
the exclusive use of bicycles. Persons riding two abreast may not impede traffic when traveling at less than the normal speed of
traffic at the time and place and under the conditions then existing and shall ride within a single lane.
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(I). Each pedal bus shall be painted in the color scheme approved in the
permit, and must prominently display the permittee's trade name and telephone number
in two' lettering or larger.
(J). Each pedal bus shall be kept clean and sanitary throughout and
maintained in sound operating condition and all safety devices and all other equipment
shall be operated and maintained in such condition as to ensure safe operation.
(K). It is prohibited and unlawful for a pedal bus to contain advertising
inconsistent with this Ordinance. Each permittee must submit to the City any proposed
advertisement prior to installation of the advertisement on the pedal bus. The City will
(7) Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front exhibiting a white light visible from
a distance of at least 500 feet to the front and a lamp and reflector on the rear each exhibiting a red light visible from a distance of
600 feet to the rear.A bicycle or its rider may be equipped with lights or reflectors in addition to those required by this section.A law
enforcement officer may issue a bicycle safety brochure and a verbal warning to a bicycle rider who violates this subsection or may
issue a citation and assess a fine for a pedestrian violation as provided in s. 318.18.The court shall dismiss the charge against a
bicycle rider for a first violation of this subsection upon proof of purchase and installation of the proper lighting equipment.
(8) No parent of any minor child and no guardian of any minor ward may authorize or knowingly permit any such minor child or
ward to violate any of the provisions of this section.
(9) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk,
has all the rights and duties applicable to a pedestrian under the same circumstances.
(10) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the
right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
(11) No person upon roller skates,or riding in or by means of any coaster,toy vehicle,or similar device,may go upon any roadway
except while crossing a street on a crosswalk;and,when so crossing,such person shall be granted all rights and shall be subject to
all of the duties applicable to pedestrians.
(12) This section shall not apply upon any street while set aside as a play street authorized herein or as designated by state,
county,or municipal authority.
(13) Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within 25 feet from a
speed of 10 miles per hour on dry,level,clean pavement.
(14) A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying
number permanently stamped or cast on its frame.
(15)(a) A person may not knowingly rent or lease any bicycle to be ridden by a child who is under the age of 16 years unless:
1. The child possesses a bicycle helmet;or
2. The lessor provides a bicycle helmet for the child to wear.
(b) A violation of this subsection is a nonmoving violation,punishable as provided in s.318.18.
(16) The court may waive, reduce, or suspend payment of any fine imposed under subsection (3) or subsection (15) and may
impose any other conditions on the waiver, reduction, or suspension. If the court finds that a person does not have sufficient funds
to pay the fine, the court may require the performance of a specified number of hours of community service or attendance at a
safety seminar.
(17) Notwithstanding s.318.21,all proceeds collected pursuant to s.318.18 for violations under paragraphs(3)(e)and(15)(b)shall
be deposited into the State Transportation Trust Fund.
(18) The failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a child from riding a bicycle
without a bicycle helmet may not be considered evidence of negligence or contributory negligence.
(19) Except as otherwise provided in this section, a violation of this section is a noncriminal traffic infraction, punishable as a
pedestrian violation as provided in chapter 318.A law enforcement officer may issue traffic citations for a violation of subsection(3)
or subsection(15)only if the violation occurs on a bicycle path or road,as defined in s.334.03.However,a law enforcement officer
may not issue citations to persons on private property,except any part thereof which is open to the use of the public for purposes of
vehicular traffic."
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approve proposed advertisements only if they are in complete conformity with this
Ordinance. Advertisements may be permitted only on the back or side panels of the
pedal bus. No advertisement will be permitted which references tobacco products or
which contains any sexual content inasmuch as pedal busses will be used on the public
rights-of-way and such advertisements are reasonably likely to be viewable to children
and would be harmful to children.
(2). It is prohibited and unlawful for a person to violate the provisions of this
Subsection.
(i). Requirements for drivers and other personnel.
(1). All commercial pedal bus drivers and any other employees or agents of
the permittee, while operating or assisting in the operation of a pedal bus within the City,
must meet the following requirements:
(A). Be clean, well groomed, and neat in appearance, and clothed consistent
with the permittee's dress code as approved by the City. Clothing bearing the name,
logo, or other form of identification of any company other than the company whose color
scheme is on the vehicle being operated, will not be deemed to be consistent with the
approved dress code and is prohibited and unlawful. All clothing shall be maintained in
a good, clean condition. Cut-offs, t-shirts, tank tops, body suits, swimwear, or jogging
suit as outer garments, and sandals or other type of open footwear, and ball caps are
prohibited.
(B). Carry and prominently display on his or her person a photo ID including
the company trade name, phone number, address, City permit number, and such other
information as the City may require.
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(2). While the pedal bus is in operation within the City Limits, the following are
prohibited and unlawful and the driver and any other employees or agents of the
permittee aboard shall be responsible for monitoring and enforcing these prohibitions:
(A). The number of passengers aboard the pedal bus shall not exceed the
number for which it was designed.
(B). No passenger may stand in the vehicle while the vehicle is in motion.
(C). Passengers are not permitted to sit anywhere in or on the vehicle other
than in the manufacturer's designed passenger seating and shall be required to do so.
(D). Sitting, sleeping, loitering, or allowing others to sit, sleep, or loiter within
the passenger compartment of the vehicle while on the public right-of-way is prohibited
and unlawful.
(E). Use of indecent or profane language, or engaging in loud or boisterous
talking, shouting, or disorderly conduct, or otherwise acting in a manner as to vex or
annoy reasonable persons including passengers is prohibited.
(F). Illegal use of controlled substances or possession of controlled
substances by drivers or other employees either immediately before or while on duty is
prohibited.
(j). Commercial pedal bus drivers; regulations:
(1). Each commercial pedal bus driver shall:
(A). Hold a commercial drivers license issued by the State of Florida in a type
as required by administrative rule adopted by the Chief of Police.
(B). Not have had more than 3 moving violations in the last 3 years and no
more than 2 moving violations in the last year.
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(C). Shall not have been convicted of careless or reckless driving or any
violation of the Florida Statutes regulating the driving of vehicles while impaired within
the past 3 years.
(2). A commercial pedal bus driver is prohibited from:
(A). Operating the pedal bus on public rights of way within the City other than
those specifically permitted herein.
(B). Standing or stopping the vehicle other than in an area designated in the
permit as an authorized staging area, except in case of emergencies.
(C). Operating the pedal bus so as to impede the flow of pedestrians, except in
case of emergencies.
(D). Operating the pedal bus in a manner that results in damage to public
property.
(E). Creating, or materially contributing to, a parking problem or traffic
congestion as a result of operation of the pedal bus.
(F). Operating the pedal bus in violation of any applicable Florida traffic law.
Drivers shall comply with all applicable state traffic laws including, but not limited to,
Sections 316.20653 and 316.21224, Florida Statutes, as the same may be amended
3 See Footnote 1.
a That statutory provision states as follows:
"316.2122 Operation of a low-speed vehicle or mini truck on certain roadways.—The operation of a low-speed vehicle as
defined in s.320.01 or a mini truck as defined in s.320.01 on any road is authorized with the following restrictions:
(1) A low-speed vehicle or mini truck may be operated only on streets where the posted speed limit is 35 miles per hour or less.
This does not prohibit a low-speed vehicle or mini truck from crossing a road or street at an intersection where the road or street has
a posted speed limit of more than 35 miles per hour.
(2) A low-speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking
brakes,rearview mirrors,windshields,seat belts,and vehicle identification numbers.
(3) A low-speed vehicle or mini truck must be registered and insured in accordance with s. 320.02 and titled pursuant to chapter
319.
(4) Any person operating a low-speed vehicle or mini truck must have in his or her possession a valid driver license.
(5) A county or municipality may prohibit the operation of low-speed vehicles or mini trucks on any road under its jurisdiction if the
governing body of the county or municipality determines that such prohibition is necessary in the interest of safety.
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from time to time.
(G). Obstructing other vehicular traffic by unnecessarily weaving or changing
lanes of travel.
(H). Operating, maneuvering, inclining, spinning, tilting, tipping, sloping, or
positioning a pedal bus in any manner that would unnecessarily place a passenger in
any position other than seated upright.
(I). Operating the pedal bus when the pedal bus does not fully comply with all
requirements of this Ordinance.
(k). Liability insurance coverage required.
(1). No permit will be issued unless the applicant obtains liability insurance
covering all pedal buses used in the business operation. The insurance must be in a
form approved by the City's risk manager and must be provided by an insurance
company authorized to do business in the State of Florida.
(2). The required policy will be in the penal sum of not less than $1,000,000.00
for injury or death to any one person, $2,000,000.00 for injury or death to all persons
caused by one accident occurrence, and $100,000.00 for damage to property resulting
from any accident.
(3). The permittee must obtain and maintain a separate policy of indemnity
insurance for each separate pedal bus used for permitted services, except where the
permittee actually owns or holds legal title to more than such vehicle, in which event the
permittee may obtain and maintain a single policy of indemnity insurance covering all
(6) The Department of Transportation may prohibit the operation of low-speed vehicles or mini trucks on any road under its
jurisdiction if it determines that such prohibition is necessary in the interest of safety."
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pedal buses actually owned. This latter provision, however, will not apply to any group
of persons separately owning pedal buses who may be jointly operating or doing
business under a permitted company name.
(4). Each insurance policy must contain a provision obligating the insurance
company to notify the City's risk manager in writing at least 30 days prior to any
amendment, modification, or cancellation of the policy.
(5). The permittee must at all times maintain the liability coverage required in
this section.
(I). Amendment to permit.
(1). If the permittee desires to change the name or address provided for
receipt of notices in the permit, add additional pedal buses to the buses listed in the
permit, revise the approved routes or approved dress code, or make other material
changes to the terms and conditions of the permit, the permittee must apply for an
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amendment to the permit using such forms and providing such information as the City
may require.
(2). At the time of submitting an application for amendment the permittee must
pay a non-refundable application fee of $50.00 or such other amount established by
resolution of the City Commission. If the permittee is seeking to add pedal buses to the
number previously permitted, the permittee must also pay any increase in the local
business tax that may be required by this City Code.
(3). In determining whether to approve an application to amend a permit the
City will generally use the procedures referenced above for applications for new
permits.
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(m). Business tax receipts.
No permit will be issued, amended or continued (and shall be deemed invalid)
unless the applicant or permittee, as applicable, has paid the annual local business tax
required by this City Code each year for each pedal bus authorized by the permit. All
business tax receipts must be renewed before October 1 of the fiscal year as required
by this City Code for each pedal bus covered by the permit.
(n). Transferability.
(1). A permit may not be sold, assigned, mortgaged, or otherwise transferred,
nor may corporate ownership or management be changed, without the approval of the
City.
(2). The transferee of a permit must file an application in the same manner as
an original application. A copy of the agreement to transfer the permit must be attached
to the application.
(3). Upon approval by the City, the permit will be marked "Transfer Permit."
(4). Whenever a permit is issued jointly in the name of multiple persons and
one of those persons dies, the City may transfer the permit to the survivor(s) alone.
(5). At the time of submitting an application for a transfer the permittee must
pay a non-refundable application fee of $50.00 or such other amount established by
resolution of the City Commission.
(6). In determining whether to approve an application to transfer a permit the
City will generally use the procedures referenced above for applications for new
permits.
(o). Surrendering and canceling.
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A permittee may voluntarily surrender the permit to the City. The permittee will
immediately remove or cause to be removed the decals from all pedal buses covered by
the surrendered permit. No permit fees will be refunded.
(p). Permit suspension and revocation.
(1). The City may suspend or revoke a permit if any of the following occur:
(A). The permittee, or the permittee's principals, officers, employees, or
agents, made willful false or misleading statement in an application for permit.
(B). The permittee, or any of his or her drivers or other personnel, have
violated any provision of this Ordinance.
(C). The permittee has failed to obtain a current business tax receipt for each
pedal bus or failed to maintain and display a valid decal on each pedal bus.
(D). The permittee has failed to pay any judgment which has been rendered in
any court of competent jurisdiction against the permittee or his or her agents because of
injuries to persons or property in connection with the operation of a pedal bus for which
the permittee is required to have a decal.
(E). The permittee has failed to take proper precaution to prevent his, her or its
drivers or other employees or agents from violating the terms of this Ordinance or any
applicable traffic laws or criminal laws.
(F). The permittee, or any of the permittee's principals, officers, drivers,
employees, or agents, have violated any laws, rules, regulations codes or ordinances of
the City, the State of Florida, or the United States, which reflect adversely on the fitness
of the permittee to offer public tours.
(G). Upon bankruptcy of the permittee if authorized by controlling law after
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consultation with the City Attorney.
(H). Upon the death of a permittee, or if the permittee is a corporation, limited
liability company, or similar organization, upon the dissolution of the organization.
(2). The City shall provide written notice to the permittee of an order
suspending or revoking a permit.
(3). Notice shall be valid if sent by U.S. Mail or if hand delivered to the person
and address provided for receipt of notices in the permit.
(q). Appeal procedure.
(1). If the City denies an application for a permit required by this Ordinance, or
issues an order of suspension or revocation, the applicant or permittee may file a written
appeal within 10 calendar days of notification.
(2). Appeals must be filed with the City Clerk who will coordinate an appeal
hearing.
(3). The initial appeal will be heard by the City Manager, or designee.
(4). Decisions of City management personnel shall be appealable to the City
Manager under the same procedures set forth in this Subsection.
(5). Decisions of the City Manager personnel shall be appealable to the City
Commission under the same procedures set forth in this Subsection whose decision will
be final administrative action.
(6). At all times the appellant will be afforded the essential rights of
administrative due process by the City after consultation with the City Attorney.
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Section 3. Alcoholic Beverages. A new section of the City Code of the City of
Sanford, Florida is created to read as follows:
(a). The use of alcoholic beverages on pedal buses, as prescribed in this
Section, is permittable for the initial period not exceeding 120 days after the effective
date of this Ordinance.
(b). The Chief of Police shall conduct a written evaluation of the use of
alcoholic beverages on pedal buses on or before each of the following time periods
following the effective date of this Ordinance:
(1). 30 days after the effective date.
(2). 60 days after the effective date.
(3). 90 days after the effective date.
(c). No later than 100 days after the effective date the City Manager shall file
with the City Clerk a document, in a form approved by the City Attorney, which
document is executed by the Chief of Police which document determines whether the
provisions of this Section allowing the use of alcoholic beverages on pedal buses will
continue in effect. The determination on that issue shall be based upon the conclusions
set forth in the evaluations required from the Chief of Police in Subsection (b) and
whether the continuation of such use constitutes a public safety threat to the City, its
citizens and users of rights-of-way located within the City. The termination of the ability
to use alcoholic beverages on pedal buses may be terminated any time on or prior to
120 days after the effective date of this Ordinance.
(d). Only beer and wine may be consumed on a pedal bus.
(e). Beer and wine may only be served consistent with the requirements of
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controlling State law including, but not limited to, the licensing requirements of the State.
(f). Beer and wine may only be served in plastic or paper vessels. Glass
vessels or any other breakable materials are prohibited and unlawful.
(g). Beer and wine may only be served on the pedal bus. That is, customers
may be served such refreshments, if otherwise allowed by controlling State law, but
may not remove such beverages from a pedal bus during a stop or take such beverages
onto a pedal bus and such conduct is prohibited and unlawful.
(h). If alcoholic beverages are served on a pedal bus, then no person under 21
years of age may be a passenger on the pedal bus and such conduct is prohibited and
unlawful.
(i). It is prohibited and unlawful for a passenger to have access to the area on
a pedal bus where alcoholic beverages are stored.
Section 4. Implementing Administrative Actions. A new section of the City
Code of the City of Sanford, Florida is created to read as follows:
(a). The City Manager is hereby authorized to administer the provisions of this
Ordinance in such manner, and using such processes, as determined to be in the best
interests of the City to include, but not be limited to, the adoption of forms and rules and
the implementation of suspensions or revocations of a permit as well as appeals relating
thereto.
(b). The City Manager is hereby authorized to pursue collection activities
relative to fines imposed against code violators in such manner, and using such
processes, as may be in the best interests of the City and may authorized collection
agencies and the City Attorney to pursue collections in a manner consistent with
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controlling law.
(c). The City Manager, or delegatee, shall evaluate the performance and
safety of pedal busses and their operation within the City and shall report to the City
Commission from time-to-time as well as making the determinations relating to the use
of alcoholic beverages as set forth herein.
Section 5. Penalties; Enforcement. A new section of the Code of
Ordinances of the City of Sanford, is created to read as follows:
(a). Any actions or matters relating to pedal buses not permitted by this
Ordinance or accomplished in a manner not consistent with the provisions of this
Ordinance are prohibited and unlawful.
(b). Any person found to be in violation of this Ordinance shall be subject to
the fine provisions and code enforcement provisions to the maximum extent authorized
by State law and the City of Sanford may take any enforcement action and seek any
legal remedy available under controlling Florida law.
(c). The City Manager, in conjunction with the City Attorney, may also enforce
the provisions of this Ordinance by any means authorized by controlling Florida law
including, but not limited to, the statutory and home rule code enforcement powers of
the City.
Section 6. Conflicts.
All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed and the City Code codifier is hereby directed to take all
actions necessary to implement the provisions of this Ordinance in that regard.
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Section 7. Savings.
The prior actions of the City of Sanford relating to regulations relating to the
regulation of the public rights-of-way and the use of alcohol, as well as related matters
and processes activities relating thereto or permitted within the City of Sanford, are
hereby ratified and affirmed.
Section 8. Codification.
It is the intention of the City Commission of the City of Sanford, Florida, and it is
hereby ordained, that the provisions of this Ordinance shall be codified into the Code of
Ordinances of the City of Sanford; provided, however, that Sections 6, 7, 8, 9 and 10
shall not be codified. Additionally, the code codifier shall have liberal authority to codify
the provisions of this Ordinance.
Section 9. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 10. Effective Date.
(a). This Ordinance shall take immediate effect upon enactment.
(b). The provisions of Section 4 shall be in effect, initially, for a period of days
as set forth in that Section.
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Passed and adopted this 27th day of January, 2014.
Attest: City Commission .f the City of
Sanford, Florida '
Lti.(tA4k..� Q , AAA o
Cynthia Porter, City Clerk Jeff Triplett, lip, •
Approved as to form vir
and legal sufficiency.
i
dmColbert, City Attorney
Y
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