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Ordinance No. 2022-0086- CITY OF CLERMONT �� ORDINANCE NO.2022-008 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2 CLERMONT, FLORIDA, AMENDING CHAPTER 62 "TRAFFIC AND 3 VEHICLES" CREATING ARTICLE IV, "COMMERCIAL 4 MEGACYCLES" SECTIONS 62-45 THROUGH 62-64 OF THE CITY 5 CODES OF THE CITY OF CLERMONT AUTHORIZING THE USE OF 6 COMMERCIAL MEGACYCLES UPON DESIGNATED STREETS; 7 PROVIDING FOR DEFINITIONS, OPERATION OF COMMERCIAL 8 MEGACYCLES RESTRICTED, PERMIT REQUIRED, PERMIT 9 APPLICATION, APPLICATION FEE, REVIEW AND APPROVAL, 10 PERMIT FEES, TRADE NAME REQUIRED, FIXED PLACE OF 11 BUSINESS REQUIRED, GENERAL OPERATING CONDITIONS, 12 VEHICLE REQUIREMENTS, REQUIREMENTS FOR DRIVERS AND 13 OTHER PERSONNEL, LIABILITY INSURANCE REQUIRED; 14 AMENDMENT TO PERMIT, BUSINESS TAX RECEIPTS, 15 TRANSFERABILITY, PERMIT SUSPENSION AND REVOCATION, 16 APPEAL PROCEDURE, ENFORCEMENT AND POSTING OF SIGNS; 17 AND, PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, 18 THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, 19 PUBLICATION AND AN EFFECTIVE DATE. 20 WHEREAS, the City Council has the authority to authorize the operation of commercial 21 megacycles and regulate such operation within its jurisdictional boundaries pursuant to Article 22 VIII, § 2(b) of the Florida Constitution and § 316.2069, Florida Statutes; 23 WHEREAS, the City Council has determined that commercial megacycles may safely 24 travel on or cross the public road or street as set forth in the body hereof, considering factors 25 including, but not limited to, the speed, volume, and character of motor vehicle traffic using the 26 road or street. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 CLERMONT, FLORIDA: 29 SECTION 1: 30 The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent and 31 findings supporting this Ordinance. 32 SECTION 2: 33 Chapter 62, "Traffic and Vehicles", Article IV "Commercial Megacycles" of the Code of the City 34 of Clermont, Florida, is hereby created to read as follows: 35 Sec.62-48. Definitions. 36 Commercial megacycle means a vehicle defined as a "commercial megacycle" in F.S. § 37 316.003(12) or any successor Florida statute. 38 Commercial megacycle driver means an individual who drives or controls steering or braking 39 of a commercial megacycle operating on a city street. Page I 1 of 9 CITY OF CLERMONT �,. ORDINANCE NO.2022-008 40 Fiscal year means the period beginning on October 1 and ending on September 30 of the 41 following calendar year. 42 Sec. 62-49. Operation of commercial megacycles restricted; permit required. 43 (a) The operation of a commercial megacycle is restricted to guided tours and sight-seeing within 44 the established boundaries of the attached map., excluding the trail system, sidewalks and 45 such areas that may be designated by the City. 46 (b) No person or entity may operate or allow to be operated commercial megacycle on the streets 47 of the city without having first obtained a permit in accordance with this article. 48 (c) A permit issued under this article will be effective only for the fiscal year in which issued, 49 unless suspended or revoked sooner pursuant to this article. 50 Sec. 62-50. Permit application; application fee. 51 (a) Application for a permit to operate a commercial megacycle or megacycles must be made on 52 forms provided by the city and include such information as the city may require, including 53 the following: 54 (1) The name of the applicant. 55 (2) The proposed fixed place of business as required by this article. 56 (3) The make, model, serial number, color, and passenger capacity of each megacycle to be 57 used in the business. 58 (4) If the applicant is an individual, his or her residence address. 59 (5) If the applicant is a partnership, the names and residence addresses of each co-partner, 60 and the name of the partnership. 61 (6) If the applicant is a corporation or limited liability company, the names and addresses of 62 all current officers or members. 63 (7) The business trade name under which the megacycles will be operated. 64 (8) The name and address of the person designated by the applicant to receive notices for 65 the applicant, if the applicant is a corporation or partnership. 66 (9) A statement as to whether the applicant intends to permit the serving or consumption of 67 alcoholic beverages by passengers on the megacycle. 68 (10) Proof of insurance meeting the requirements of this article. 69 (b) The applicant must submit an application fee of $100.00 for the administrative costs of 70 processing the application. The application fee is nonrefundable. 71 Sec. 62 — 51. Review and approval. 72 (a) The city will review the completed application to ensure compliance with this Code and the 73 Land Development Code, including, but not limited to, as to the place of business. 74 (b) No permit will be issued unless the city is able to verify compliance with all applicable 75 regulations, and the applicant has paid the fees required by this article and the appropriate 76 business tax for each megacycle to be placed in service. Page 12 of 9 CITY OF CLERMONT ORDINANCE NO.2022-008 77 (c) A permit issued under this article will state the approved trade name, the name and address 78 of the person designated to receive notices, and the make and model of each megacycle 79 authorized to be used by the permittee. The permit will include any additional conditions the 80 city may impose to ensure compliance with the requirements of this article. 81 (d) Concurrent with the issuance of a permit, the city will issue one decal for each megacycle 82 authorized by the permit. The decals must be placed on the megacycles as provided below. 83 Sec. 62-52. Permit fees. 84 The annual permit fee is $100.00 for each megacycle authorized. 85 Sec. 62-53. Trade name required. 86 No person may conduct a commercial megacycle business within the city unless the person 87 has adopted and uses an approved, uniform trade name for the business, which must be 88 prominently displayed on megacycles operated by or in connection with the business. No trade 89 name will be approved if the name contains language, references, or symbols not suitable for 90 minors, vulgar language, or has the potential to confuse the identity of the permittee with any other 91 business or organization, including governmental organizations. 92 Sec. 62-54. Fixed place of business required. 93 No person may operate a business involving the use of megacycles on the streets within the 94 city unless the person establishes and maintains a fixed headquarters within the city limits and on 95 private property for the operation of the company's business. The headquarters must conform to 96 the ordinances of the city and provide adequate conforming off-street parking space for all 97 megacycles stored at the site. No person will move the headquarters except through the approved 98 transfer of the permit to another location. 99 Sec. 62-55. General operating conditions. 100 Every commercial megacycle will be operated in accordance with the following 101 requirements: 102 (1) Operation will be for the primary purpose of providing guided touring and sight-seeing 103 of the city to megacycle passengers. A megacycle will not be operated to provide taxi 104 service. 105 (2) A commercial megacycle will operate solely on those city streets included as part of the 106 route approved in the permit issued. A permit may include provisions restricting 107 locations for storage of megacycles, or requiring the use of transport vehicles to and 108 from the assigned routes, when not in use. Under no circumstances will approved routes 109 include the city trail system or sidewalks. In addition, the city may temporarily prohibit 110 a commercial megacycle from operating on all or a portion of its assigned route when ill necessary for public health, safety, or welfare, such as street closings and major event 112 periods. 113 (3) Except for emergencies, passenger loading and unloading will be confined to those 114 locations designated in the permit. 115 (4) Except for emergencies, the temporary stoppage of the megacycle along the route will 116 only be permitted for the purposes outlined in the permit. Page 13 of 9 CL CITY OF CLERMONT 0_.FORDINANCE NO.2022-008 117 (5) The megacycle will move to the edge of street pavement before loading or unloading 118 passengers. No commercial megacycle will pause or stop for the sole purpose of 119 narrating a tour. 120 (6) The decal provided by the city as part of the permit will be affixed to the megacycle at 121 all times while the megacycle is in operation within the city. 122 Sec. 62-56. Vehicle requirements. 123 Each commercial megacycle must meet the following requirements: 124 (1) The megacycle must be designed and used as a single unit. Any megacycle that consists 125 of two separate units attached or connected by devices such as a hitch, ball and socket, 126 noose, or chain, is prohibited. 127 (2) The megacycle must be equipped with a pair of battery -operated headlights capable of 128 projecting a beam of white light for a distance of 500 feet, and a pair of battery operated 129 taillights each exhibiting a red light visible from a distance of 600 feet to the rear. 130 (3) The megacycle must be designed and used so that steering and braking is under the 131 control of the megacycle driver and is not controlled in any manner by the passengers. 132 (4) The megacycle must be used as originally manufactured. Any megacycle that uses 133 braking, seating, pedals, or steering other than those that are a part of the original 134 manufacture, or that appear to be unsafe, will be prohibited. 135 (5) The megacycle must prominently display the permittee's trade name and telephone 136 number in two-inch lettering or larger. 137 (6) The megacycle must be kept clean and sanitary throughout and maintained in sound 138 operating condition. All safety devices and all other equipment must be kept in such 139 condition as to ensure safe operation. 140 (7) No megacycle will contain advertising inconsistent with this article. Each permittee must 141 submit to the city any proposed advertisement prior to installation of the advertisement 142 on the megacycle. The city will approve proposed advertisements only so long as they 143 are in complete conformity with this article. Advertisements will be permitted only on 144 the back or side panels of the megacycle. No advertisement will be permitted which 145 contains any tobacco products, profanity, or sexual content. 146 Sec. 62-57. Requirements for drivers and other personnel. 147 (a) A commercial megacycle shall be (i) operated at all times by its owner or lessee or an 148 employee of the owner or lessee, (ii) operated by a driver at least 18 years of age who 149 possesses a Class E driver license, and (iii) occupied by a safety monitor at least 18 years of 150 age, who shall supervise the passengers while the commercial megacycle is in motion. 151 (b) All commercial megacycle drivers and any other employees or agents of the permittee, while 152 operating or assisting in the operation of a megacycle within the city, must meet the following 153 additional requirements: 154 (1) Be clothed consistent with the permittee's approved dress code. Clothing bearing the 155 name, logo, or other form of identification of any company other than the company 156 whose color scheme is on the vehicle being operated, will not be deemed to be consistent 157 with the approved dress code. Page 14 of 9 (9: CLECITY OF CLERMONT — ORDINANCE NO.2022-008 o-f 158 (2) Carry and prominently display on his or her person a photo ID including the company 159 trade name, phone number, address, city permit number, and such other information as 160 the city may require. 161 (3) While the megacycle is in operation within the city limits, the following are prohibited 162 and the driver and any other employees or agents of the permittee aboard shall be 163 responsible for monitoring and enforcing these prohibitions: 164 a. The number of passengers aboard the megacycle must not exceed the number for which 165 it was designed. 166 b. No passenger may stand in the vehicle while the vehicle is in motion. 167 c. Passengers are not permitted to sit anywhere in or on the vehicle, other than in the 168 manufacturer's designed passenger seating. 169 d. Sitting, sleeping, loitering, or allowing others to sit, sleep, or loiter within the passenger 170 compartment of the vehicle while on the public right-of-way is prohibited. 171 e. Use of indecent or profane language, or engaging in loud or boisterous talking, 172 shouting, or disorderly conduct, or otherwise acting in a manner as to vex or annoy 173 reasonable persons including passengers is prohibited. 174 f. Illegal use of controlled substances, consumption of alcoholic beverages or possession 175 of controlled substances by drivers or other employees either immediately before or 176 while on duty is prohibited. 177 (c) Each commercial megacycle driver: 178 (1) Shall not have had more than three moving violations in the last three years and no more 179 than two moving violations in the last year. 180 (2) Shall not have been convicted of careless or reckless driving or any violation of Florida 181 Statutes regulating the driving of vehicles while impaired within the past three years. 182 (d) A commercial megacycle driver is prohibited from: 183 (1) Operating the megacycle on public rights -of -way within the city other than those 184 specifically permitted herein. 185 (2) Standing or stopping the vehicle other than in an area designated in the permit as an 186 authorized staging area, except in case of emergencies. 187 (3) Operating the megacycle so as to impede the flow of pedestrians, except in case of 188 emergencies. 189 (4) Operating the megacycle in a manner that results in damage to public property. 190 (5) Creating, or materially contributing to, a parking problem or traffic congestion as a result 191 of operation of the megacycle. 192 (6) Operating the megacycle in violation of any applicable state traffic laws. Drivers will 193 comply with all applicable state traffic laws, including but not limited to F.S. §§ 194 316.2065 and 316.2122, respectively, as the same may be amended from time to time. 195 (7) Obstructing other vehicular traffic by unnecessarily weaving or changing lanes of travel. 196 (8) Operating, maneuvering, inclining, spinning, tilting, tipping, sloping, or positioning a 197 megacycle in any manner that would unnecessarily place a passenger in any position 198 other than seated upright. Page 15 of 9 CITY OF CLERMONT 'ANIT ORDINANCE NO.2022-008 199 (9) Operating the megacycle when the megacycle does not fully comply with all 200 requirements of this article. 201 Sec. 62-58. Liability insurance coverage required. 202 (a) No permit will be issued unless the applicant obtains liability insurance covering all 203 megacycles used in the business operation. The insurance must be in a form approved by the 204 city's risk manager and must be provided by an insurance company authorized to do business 205 in the State of Florida. 206 (1) The required policy will be in the penal sum of not less than $1,000,000.00 combined 207 single limit per occurrence for bodily injury (including death) and property damage. If 208 insurance is provided with a general aggregate, then the aggregate shall be in an amount 209 of no less than $2,000,000.00. In addition, the permittee shall maintain liquor liability 210 insurance in the amount of $1,000,000.00 per occurrence if alcoholic beverages are 211 served or allowed on the megacycle. 212 (2) The permittee must obtain and maintain a separate policy of indemnity insurance for 213 each separate megacycle used for permitted services, except where the permittee actually 214 owns or holds legal title to more than such vehicle, in which event the permittee may 215 obtain and maintain a single policy of indemnity insurance covering all megacycles 216 actually owned. This latter provision, however, will not apply to any group of persons 217 separately owning megacycles who may be jointly operating or doing business under a 218 permitted company name. 219 (3) Each insurance policy must contain a provision obligating the insurance company to 220 notify the city manager in writing at least 30 days prior to any amendment, modification, 221 or cancellation of the policy. 222 (b) The permittee must at all times maintain the liability coverage required in this section. 223 See. 62-59. Amendment to permit. 224 (a) If the permittee desires to change the name or address provided for receipt of notices in the 225 permit, add additional megacycles to the megacycles listed in the permit, revise the approved 226 routes or approved dress code, or make other material changes to the terms and conditions of 227 the permit, the permittee must apply for an amendment to the permit using such forms and 228 providing such information as the city may require. 229 (b) At the time of submitting an application for amendment the permittee must pay a non- 230 refundable application fee of $50.00. If the permittee is seeking to add megacycles to the 231 number previously permitted, the permittee must also pay any increase in the business tax 232 that may be required. 233 (c) In determining whether to approve an application to amend a permit the city will generally 234 use the procedures referenced above for applications for new permits. 235 Sec. 62-60. Business tax receipts. 236 No permit will be issued or continued in operation unless the applicant or permittee, as 237 applicable, has paid the annual business tax required by this Code each year. All business tax 238 receipts must be renewed before October 1 of the fiscal year. Page 16 of 9 CITY OF CLERMONT �,�.�,., ORDINANCE NO.2022-008 239 Sec.62-61. Transferability. 240 (a) A permit may not be sold, assigned, mortgaged, or otherwise transferred, nor may corporate 241 ownership or management be changed, without the approval of the city. 242 (b) The transferee of a permit must file an application in the same manner as an original 243 application. A copy of the agreement to transfer the permit must be attached to the application. 244 (c) Upon approval by the city, the permit will be marked "Transfer Permit." 245 (d) Whenever a permit is issued jointly in the name of two persons and one person dies, the city 246 is authorized to transfer the permit to the survivor alone. 247 Sec. 62-62. Permit suspension and revocation. 248 (a) The city may suspend or revoke a permit if any of the following occur: 249 (1) The permittee, or the permittee's principals, officers, employees, or agents, made willful 250 false or misleading statement in an application for permit. 251 (2) The permittee, or any of his or her drivers or other personnel, have violated any provision 252 of this article. 253 (3) The permittee has failed to obtain a current business tax receipt for each megacycle or 254 failed to maintain and display a valid decal on each megacycle. 255 (4) The permittee has failed to pay any judgment which has been rendered in any court of 256 competent jurisdiction against the permittee or his or her agents because of injuries to 257 persons or property in connection with the operation of a megacycle for which the 258 permittee is required to have a decal. 259 (5) The permittee has failed to take proper precaution to prevent his or her drivers or other 260 employees or agents from violating the terms of this article or any applicable traffic laws 261 or criminal laws. 262 (6) The permittee, or any of the permittee's principals, officers, drivers, employees, or 263 agents, have violated any ordinances of the city, laws of the State of Florida, or laws of 264 the United States. 265 (7) Upon bankruptcy of the permittee. 266 (8) Upon the death of a permittee, or if the permittee is a corporation, limited liability 267 company, or similar organization, upon the dissolution of the organization. 268 (b) The city will provide written notice to the permittee of an order suspending or revoking a 269 permit. Notice will be valid if sent by U.S. Mail or if hand delivered to the person and address 270 provided for receipt of notices in the permit. 271 Sec. 62-63. Appeal procedure. 272 If the city denies an application for a permit required by this article, or issues an order of suspension 273 or revocation, the applicant or permittee may file a written appeal within ten calendar days of 274 notification. Appeals must be filed with the city manager who will coordinate an appeal hearing. 275 The appeal will be heard by the city manager whose decision will be final administrative action. Page 17 of 9 CITY OF CLERMONT ORDINANCE NO.2022-008 276 Sec. 62-64. Enforcement. 277 In addition to the suspension or revocation of any permit issued, any violation of this Article 278 may be enforced in accordance with Section 1-15 or Section 2, Article V, of the City Code. 279 Sec. 62-65. Posting signs. 280 The city shall post appropriate signage to notify the general public that permitted commercial 281 megacycles are authorized to use the streets in the designated area. 282 Sec. 62-66 — 62 -70. Reserved 283 SECTION 3: CONFLICT 284 All ordinances or parts of ordinances, all City Code sections or parts of City Code sections, and 285 all resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the 286 extent of such conflict. 287 SECTION 4: SEVERABILITY 288 Should any provision of this Ordinance be declared by a court of competent jurisdiction to be 289 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other 290 than the part declared to be invalid. 291 SECTION 5: CODIFICATION 292 The text of Section 2 of this ordinance shall be codified as a part of the Clermont City Code The 293 codifier is authorized to make editorial changes not effecting the substance of this ordinance by 294 the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such 295 editorial license. 296 SECTION 6: ADMINISTRATIVE CORRECTION 297 Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, 298 Section 2 of the Ordinance may be re -numbered or re -lettered and the correction of typographical 299 and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or 300 designee, without need of public hearing, by filing a corrected or re -codified copy of same with 301 the City Clerk. 302 SECTION 7: PUBLICATION AND EFFECTIVE DATE 303 Ordinance shall be published as provided by law and it shall become law and shall take effect 304 immediately upon its Second Reading and Final Passage. 305 First Reading this 8th day of February, 2022. 306 Second Reading this 22 day of February, 2022 Page 18 of 9 CITY OF CLERMONT ORDINANCE NO.2022-008 ORDAINED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 22 day of February, 2022. City Clerk LEGAL Daniel F: VALID AS ADOPTED: Tim Murry, ay© Page 19 of 9