Memorandum

City of Lawrence

Legal Services

TO:	Toni Ramirez Wheeler, Director of Legal Services
FROM:	Scott J. Miller, Staff Attorney
Date:	April 28, 2010
RE:	Oversized Pedicabs – Ordinance 8519

Introduction

Luke Stone, a Lawrence resident, has requested that our laws be amended to allow the operation of a “PedalHopper” on the city’s streets.  His request describes the PedalHopper as “a pedal powered touring vehicle operated by a company driver and rented by passengers who do the pedaling.”  PedalHoppers, then, would fall under the definition of pedicab under our licensing ordinance because people may ride on them, they have two or more wheels, are propelled exclusively by human power, and are utilized to carry passengers for hire.  See Section 6-1601 of the City Code.  The dimensions of the PedalHopper, however, exceed the maximum allowable dimensions of a pedicab in the City’s current ordinance.  That ordinance must be amended if the PedalHopper is to lawfully operate on the public streets of Lawrence. 

Proposed Amendments to the Pedicab Licensing Ordinance

Ordinance 8519, an amendment to the current pedicab licensing provisions of the City Code, would allow for the operation of the PedalHopper within the City.  The ordinance creates a new category of pedicabs called oversized pedicabs and imposes a few additional requirements for their licensure.  An oversized pedicab is one that is greater than 55 inches in width but not more than nine feet in width, and greater than ten feet in length but not more than 18 feet long.  The PedalHopper fits within these dimensions according to Stone. 

Because oversized pedicabs pose a greater risk or creating a traffic obstruction on narrow or congested streets due to their slow speeds (the PedalHopper travels at approximately six miles per hour) and relatively large size, under the ordinance oversized pedicabs are only allowed to operate on preapproved routes.  The ordinance incorporates a procedure to submit routes for approval and to appeal the denial of proposed routes to the City Commission. 

In addition, the minimum amount of liability insurance an oversized pedicab operator must carry is increased by the ordinance to $1 million combined limits per occurrence.  This is because oversized pedicabs carry many more passengers than ordinary pedicabs, and their mass gives them an increased potential to cause damage to other individuals or property in the event of a collision. 

The cost for licensure of an oversized pedicab is $150.  This is double the amount charged for an ordinary pedicab but is justified by the increased administrative expense of route approval.

Unlike ordinary pedicabs, oversized pedicabs are not required to provide seatbelts for their passengers under the ordinance.  Because passengers of the PedalHopper must pedal to propel the vehicle, it is considered impractical to use seatbelts and the vehicles are not ordinarily equipped with these safety devices.  If the City Commission desires to retain this requirement, the ordinance could easily be changed in time for second reading.

With the exception of requiring seatbelts, all other equipment and operating regulations that were approved in the pedicab ordinance would also apply to oversized pedicabs like the PedalHopper.

Allowing Open Containers of Alcohol

In some other jurisdictions where vehicles similar to the PedalHopper are allowed, the law also allows the passengers of the vehicle to possess open containers of alcoholic beverages while onboard.  The current ordinances of the City of Lawrence, however, would make that practice illegal here, and because Kansas law contains similar provisions our ordinance could not be amended to legalize the practice at this time.

The possession of open containers of intoxicating liquor is generally illegal on the streets and highways of the City of Lawrence.  See Sec. 4-105 of the City Code.  Our law essentially reflects the content of a similar Kansas statute, K.S.A. 41-719.  That statute does not illegalize the possession of an open container of alcoholic beverage on the streets and highways, but it does illegalize the consumption of alcoholic beverage in these locations.  It is difficult to think of a reason to transport an open container of alcoholic liquor in a vehicle like the PedalHopper, which is configured to look like a bar, if not for the liquor’s consumption.  Therefore, at least in regards to this type of vehicle and its proposed operation, the effect of the two laws is identical.  The laws, though, each contain exceptions to their provision that must also be considered.

One such exception allows open containers of alcoholic liquor to be transported on streets and highways in certain types of vehicles.  Open containers of intoxicating liquor are not allowed in the passenger compartment of any vehicle upon a highway or street, but are allowed in the passenger compartment of a recreational vehicle or bus.  Sec. 106 of the Standard Traffic Ordinance; K.S.A. 8-1599.  The term “vehicle”, however, is a term of art when used in our traffic laws.  It does not include devices moved by human power.  Sec. 101 of the Standard Traffic Ordinance; K.S.A. 8-1485.  Pedicabs of all types are by definition propelled by human power.  Therefore, this exception would not apply to a pedicab.

Under Kansas law, special event permits may be granted to allow for the consumption of alcoholic beverages upon the streets of a city.  K.S.A. 41-719(a)(2).  Such events must be approved by ordinance and the organizers must apply with the Department of Revenue for a temporary permit allowing for the service of alcoholic beverages.  Alcoholic liquor may not be taken outside of the boundaries established for the special event.  “Special event” means festivals, picnics or community gatherings approved by the governing body of a city.  K.S.A. 41-719(j).  This definition clearly does not authorize the consumption of alcoholic liquor on the streets or highways by passengers of a pedicab.

Therefore, I conclude that possession or consumption of alcoholic beverages onboard an oversized pedicab like the PedalHopper would not be legal and an amendment to the laws of both Lawrence and the State of Kansas would be necessary before such activities would be allowed.

Please let me know if any additional work is required on this matter.  In addition, I would be glad to answer any questions that you might have.