Bike Taxis at Jax Beach

[JaxBikeTaxi]

As some of you out there have heard, Jax Bike Taxi pedicabs were kicked off Jax Beach streets on Friday night.  The City of Jacksonville Beach will not issue permits to pedicab operators because city ordinances state that a Vehicle for Hire is defined as all motorized vehicles...  This includes taxi cabs, busses, limos, but not pedicabs or rickshaws (we are not motorized, just good old pedal power).  This pedicab service will be highly positive for the beaches area as has already been the case the last few weekends.  We have and would like to continue helping along bar-goers from bar to bar and giving safe rides home to residents at night.  Today (Monday, 7/14) I will be going to the Jacksonville Beach City Council Meeting at 7pm to try and get a word in during the Courtesy of the Floor time period.  My hope is that I will at least get a spot on the next meeting's agenda to discuss the issue in more detail.  I started this thread to keep those interested up to date.  I will be working on getting an online petition out there to present to the City Council.

[jacksonvilleconfidential]

I was gonna say lets do a boycott and stop going out there on Sundays for beer (remember that?), but that stopped years ago.

I hate jax beach, LOL. sorta

[JaxBikeTaxi]

I have been spending some time reviewing the City of Jacksonville Ordnances to see what exactly is going on.  I would like to put what I found out there for anyone with some expertise or knowledge in this kind of stuff. 

First - Requirement to pay Local Business Tax
On the cities website it states, "A Local Business Tax is levied on any person who maintains a permanent business or branch office within the City for the privilege of engaging in or managing any business, profession, or occupation within the city limits of Jacksonville Beach"

I have neither a permanent business or branch office within the City of Jacksonville Beach.  It would seem to me that this policy is similar to Gainesville where I am not required to get a "permit" because I do not have a physical location in there...I am free to operate my cabs at Gator Games without paying a Business Tax or acquiring a permit.

Here it is straight from Jax Beaches Municipal Code:
"Sec. 15-2. Persons upon whom license tax levied; license required.
     (a)   An occupational license tax is hereby levied on:
          (1)   Any person who maintains a permanent business location or branch office within the city for the privilege of 
                 engaging in or managing any business, profession or occupation within the city; and
          (2)   Any person who does not qualify under the provisions of subsection (a)(1) above and who transacts any
                 business or engages in any occupation or profession in interstate commerce where such license tax is not
                 prohibited by Section 8 of Article I of the United States Consitution.
     (b)   No person shall exercise the privilege of carrying on, engaging in or managing any business, profession, occupation
            or commercial activity for which a license is required by this chapter or other applicable laws until such person
            shall have first procured a city occupation license as provided for by this chapter, or any applicable law or
            ordinance, which license shall be issue to each person upon receipt of the amount hereinafter provided, or as may
            by otherwise provided for by law and be signedby the city clerk and city manager, and be posted in a conspicuous
            place upon the premises in which such business is conducted."

I take this to mean that I don't need to pay a business tax and I would only need to procure an occupational license as provided by this chapter or any other applicable law.

Second - Requirement for an Occupational License
I did some further research in the Municipal Code to see if I am required to get an Occupational License.  The obvious place to start was Section 33 which covers "Vehicles for Hire"  It was under this Section that I was first denied by the City Clerk because I am not motorized.  I took a closer look at the wording in Section 33 in conjunction with the requirements for Business Tax and Occupational Licenses.  First here is a brief synopsis of Section 33:
"Sec. 33-16. Definitions.
For the purpose of this chapter the following terms shall respectively be deemed to mean:
     Vehicle for Hire - shall mean all motorized vehicles defined and classified in section 33-17.
Sec. 33-17. Classificaton of vehicles for hire.
...defined as follows:
     (1) Bus...
     (2) Cruising Car...
     (3) Limousine...
     (4) Sightseeing Cars...
     (5) Taxicabs...
     (6) Van..."

So under the very definition of a Vehicle for Hire I am not defined or classified and therefore not subject to Section 33, Article II "Vehicles for Hire".

Just recently my wife called the City Clerks Office to ask whether or not we could apply for a permit.  She was told that no, "they [City Council] do not approve business licenses for pedicab companies because they block traffic...and I don't really know why, but they just don't."  I'm not really sure what to make of this answer. 
One: Nothing in the Municipal Code restricts operations of pedicab companies so the City Council can't disapprove. 
Two:  How can the City Council ever make a decision if the City Clerk won't even let me apply?

If anybody has an guidance on my interpretation of this issue, I would be greatly appreciative as I am trying to prepare a short presentation to give to the City Council on Aug. 4th during the Courtesy of the Floor portion of the meeting.  I am not sure how to actually get on the Agenda, so if any of you have some advice there it would be appreciated as well.

[thebrokenforum]

I would consult a lawyer. Sounds like you might have a case.

[JaxBikeTaxi]

Here is the recent letter I sent to the Jacksonville Beach City Council.  I will be at the Council Meeting on Monday to follow up.  I do plan to consult a lawyer if my letter and my presentation go unanswered.  Once again, if any of you have some knowledge of expertise any help is appreciated.

Dear Councilmember
I am writing concerning my recent attempt at acquiring a business license in the City of Jacksonville Beach.  I am the owner of Jax Bike Taxi, Jacksonville’s only locally owned and operated pedicab (bicycle rickshaw) company that has been providing service in Downtown Jacksonville during games and events at the stadium and arena.  On July 4th of this year our two pedicabs started giving rides to the guests and residents of Jacksonville Beach under the presumption that because we provide a free service we did not require a business license or permit.  After a few weekends of service we were advised by the police that we would have to leave the beach area until we could provide a permit.  My wife contacted the City Clerk’s Office and was told that the City Council did not allow pedicabs to operate because they obstruct traffic.  Having myself read through the Jacksonville Beach Municipal Code I did not find anything prohibiting pedicab operations.  I personally called the City Clerk’s Office and was told that Section 33-16 prohibited pedicabs to operate.  Looking at Section 33-16 it states that “Vehicle for Hire â€" shall mean all motorized vehicles defined and classified in section 33-17”.  By the very definition it seems that because Vehicles for Hire are defined as motorized vehicles, pedicabs do not fall under and therefore not subject to Section 33.  So I referred to Section 15-2(b) where it states “No person shall exercise the privilege of carrying on, engaging in or managing any business, profession, occupation or commercial activity for which a license is required by this chapter or other applicable laws…”.  Later on in Section 15-3 it provides a schedule of fees and regulations for an occupational license.  As already stated above pedicabs are not classified as Vehicles for Hire and the only other Classification License Fee provided that may cover pedicab operations is “Transportation Services, not elsewhere classified (4789)”. 

During our few weekends providing service in Jacksonville Beach we received an overwhelmingly positive response.  Our pedicab drivers provided a fun, safe, and eco-friendly way to get to and from the various bars and restaurants up and down 1st Street.  Later in the evening we were able to give Jax Beach residents a safe alternative from walking home alone in the dark with a quick and convenient pedicab ride.  For longer distances our drivers offer rides to the nearest Beaches Trolley Stop or to the taxi cab staging area outside the Ocean Club.  In providing this service we believe that we have offered guests an alternative to getting in their car, on their bike, or walking home while inebriated.  Both our pedicabs are insured to the amount of $1 million and as a company we have not experienced a safety related incident or injury since beginning service in October of 2007.  Most of our drivers are Active Duty Navy and all our required to undergo training as to the safe operation of a pedicab and other company policies.  Our drivers do not charge a fare and simply work off the kindness of those who choose to ride. 

As of yet I have not been allowed to submit my application to pay any applicable fees and would like to bring this to your attention.  Are pedicabs able to operate in Jacksonville Beach?  If not is there a way for me to address the Mayor and City Council as to the positive service that pedicabs will bring to Jacksonville Beach as already proven during the short period in which service was provided? 

Thank you for your time and please to not hesitate to contact me in the event of any questions, concerns, or answers. 

Respectfully,

David A. Rodgers, Owner
Jax Bike Taxi
904-240-2957
dave@jaxbiketaxi.com
www.jaxbiketaxi.com

[JaxBikeTaxi]

I just recieved an email from the Jacksonville Beach Chief of Police stating:

I have researched your request to operate a pedicab business in the downtown area of Jacksonville Beach.  The two-person pedicabs are designed to be pulled by a person pedaling a bike.  This type of bike can be expected to operate at slow speeds, far below the speed limit set for the roadway, which is 25 mph.  These units are too wide to safely operate in the bike lanes, so they would have to operate in the roadway.  The stopping and starting to pick up or drop of passengers would impede vehicular traffic on the roadway.  There are also no areas in downtown which would allow these vehicles to stand and wait for passengers.  This also brings to a point that there are no locations for the bikes to pull over and pick up or drop of passengers.  This brings more safety hazards to possible passengers. 

Jacksonville Beach ordinances do not allow the type of business your company provides.   A “Vehicle for Hire” is defined as being motorized.  It details that the vehicles can pull to the side of the road to pick up and drop off passengers.  It requires the vehicles to have liability insurance.  These vehicles must also pass inspections to ensure road safety.  They must have tail lights, head lights, and brake lights. 

These vehicles are also not allowed to muster at any location in Jacksonville Beach.  They may only respond to phone calls for service and pick up and drop off passengers before leaving the area so as not to hinder other road traffic.

With these restrictions, your business will not be authorized to operate in the city of Jacksonville Beach.

Police Chief Bruce Thomason

Along with an email came an attachment that was dated December 15, 2003:

To:  George D. Forbes, City Manager


From:  Bruce A. Thomason, Chief of Police


Subject: Request to Operate Rickshaw Business


Date:  December 15, 2003



It is my understanding that a person has requested a permit from the City of Jacksonville Beach to operate a rickshaw business downtown and on the beach proper.  The two-person rickshaws are designed to be pulled by a person on foot and are intended to be operated at walking speeds.  The person has indicated he intends to use the rickshaws on the Seawalk and on the beach proper as well as when crossing certain streets.


Based upon the person’s representations of usage, the police department does not support the request.  The rickshaw meets the statutory definition of a bicycle and is therefore prohibited from operating on the Seawalk or any other sidewalk in the city.  The size of the rickshaw will not allow it to be operated within the marked bike lanes downtown.  Due to the walking pace of the rickshaw, operation in traffic lanes would impede traffic and, therefore, be illegal.


Operation of rickshaws on the beach proper would not create an unreasonable safety issue during daylight hours; however, operation at night is not recommended from a safety standpoint.

Right now I am just looking for reactions.  I already have my opinion on the matter and the response and want to see if others share it. 

Thanks,
Dave Rodgers

[BridgeTroll]

far below the speed limit set for the roadway, which is 25 mph

Are they giving tickets to autos moving to slow?

so they would have to operate in the roadway

I believe bicycles are allowed in the roadway.  Are they restricted to bike lanes?  Do all streets have bike lanes?

The stopping and starting to pick up or drop of passengers would impede vehicular traffic on the roadway.

So do ordinary taxis and busses.

There are also no areas in downtown which would allow these vehicles to stand and wait for passengers

Jax beach is littered with empty lots and large parking lots.

It requires the vehicles to have liability insurance.  These vehicles must also pass inspections to ensure road safety.  They must have tail lights, head lights, and brake lights. 

This part I can agree with...

[Noone]

Just contacted the number above and its no longer for David Rodgers.

What ever happened to his dream to participate?

2010-604- Our Promised 680' Downtown Public Pier.
2010-856- One mile ban on our Waterways of our St. Johns River our American Heritage River.
                Any transient vendor with the exception of Downtown.

Who's excited about the DIA?