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| Resolution | NO. 138 |
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| | | | | | | | | A Resolution Adopting Ordinance No. 09-2017, an Ordinance to amend the city code by adding a new chapter, designated as 817, regulating Commercial Quadricycles within the City of Battle Creek and amending Chapter 604, Sec. 02, to provide an exception to the prohibition of the public consumption of alcohol in public places.
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| | | | | | | | | BATTLE CREEK, MICHIGAN - 6/20/2017 | | | |
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Resolved by the Commission of the City of Battle Creek:
That Ordinance No. 09-2017 was introduced On June 6, 2017.
Section 1. An ordinance to add Chapter 817 regulating the operating of Commercial Quadricycles within the City of Battle Creek, and to amend Chapter 604, section 02, to provide an exception to the prohibition on the public consumption of alcohol in public places, as are attached and made a part hereof.
Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.
Section 4. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on June 20, 2017.
Victoria Houser
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| | | | | | | | | Battle Creek City Commission
6/20/2017
Action Summary | | | |
| | | | | | | | | | Staff Member: | Jill Humphreys Steele, City Attorney | | Department: | City Attorney |
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| | | | | | | | | SUMMARY
| A Resolution Adopting Ordinance No. 09-2017, an Ordinance to amend the city code by adding a new chapter, designated as 817, regulating Commercial Quadricycles within the City of Battle Creek and amending Chapter 604, Sec. 02, to provide an exception to the prohibition of the public consumption of alcohol in public places.
| BUDGETARY CONSIDERATIONS
| There would be no impact to the budget. If adopted, fees would be paid for permits and decals.
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HISTORY, BACKGROUND and DISCUSSION
| In many Michigan communities in recent years, a new form of chauffeured transportation has emerged and become very popular. Entrepreneurs have begun offering rides on open-air vehicles which have at least four wheels, seating at least six, but usually around a dozen passengers. The passengers propel the vehicle using pedals, while a single paid operator handles the steering and braking.
They are technically referred to as "commercial quadricycles," but commonly called "pedal pubs" and transport passengers through downtown areas and between popular tourist attractions. The Michigan Department of Transportation determined that pedal pubs did not meet the criteria for licensure as limousines; thus, although they could be operated on the street, they were subject to the State's general ban on open containers in a vehicle's passenger compartment.
In response to that determination, this legislation was drafted and signed by the Governor in July of 2015, as Public Act 126, amending various sections of the Michigan Motor Vehicle Code to do, among other things, the following:
-Require a commercial quadricycle owner to furnish a specified amount of liability insurance.
-Allow a commercial quadricycle passenger to possess or transport open alcohol unless prohibited by a local ordinance.
-Prohibit a person from operating a commercial quadricycle with any bodily alcohol content.
The legislation also authorizes a local unit of government to regulate the operation of commercial quadricycles. Because the City has an ordinance prohibiting the consumption and/or possession of alcoholic beverages in public places, Chapter 604 also requires an amendment to provide an exception allowing consumption of alcoholic beverages on commercial quadricycles.
There are three attachments: The first sets out the amendment to 604.02 creating an exception to the prohibition regarding alcohol in public places. The second is the new Chapter 817, with several typographical errors corrected shown in red. The third is a clean version of the new Chapter 817.
| DISCUSSION OF THE ISSUE
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| POSITIONS
| The City Manager, Police Chief, and the City's contractor for Downtown Development are in support of this ordinance.
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