Section 20-259. Restrictions on the operation of pedicabs

a. A pedicab
  driver shall be subject  to  all  provisions  of  state  and  local  law
  governing the operation of a bicycle, which include, but are not limited
  to,  provisions  of  the  vehicle  and  traffic  law,  the New York city
  administrative code, and rules of the city of New  York  promulgated  by
  the  department  of  transportation  and  the  department  of  parks and
  recreation.
    b. A pedicab driver shall not:
    1. operate a pedicab to transport more than three passengers.
    2. operate a pedicab in motion while a passenger is standing  in  such
  pedicab.
    3.  operate a pedicab on any bridge or in any tunnel or in any bicycle
  lane.
    4. permit a  pedicab  to  be  operated  simultaneously  by  anyone  in
  addition to him or herself.
    5.  operate  a  pedicab  that  is  designed  or  constructed to permit
  propulsion by more than one individual at any one time.
    6. operate a pedicab while such pedicab driver's  ability  to  operate
  such  pedicab  is impaired by the consumption of alcohol, the use of any
  drug or by any other means  or  while  such  pedicab  driver  is  in  an
  intoxicated  condition.  A  pedicab driver operating a pedicab which has
  been involved in an accident  or  has  been  operated  in  violation  of
  subdivision a of this section shall be deemed to have given consent to a
  breath  test  and shall, at the request of a police officer, submit to a
  breath test to be administered by the police officer. Failure to  submit
  to such breath test shall serve as the basis for an immediate suspension
  of  the  pedicab  driver's  license, subject to a prompt post-suspension
  hearing.
    7. operate a pedicab without a currently valid motor vehicle  driver's
  license  or  while  such  pedicab  driver's New York State motor vehicle
  driver's license is suspended or revoked.
    c. Pedicabs can be operated within any public  park  or  any  property
  under  the  charge  or control of the department of parks and recreation
  pursuant to the rules of the department of parks and recreation  and  in
  accordance with the rules of the department of transportation.
    d.  A  pedicab business shall submit to the department, upon such form
  prescribed by the commissioner,  a  written  report  of  every  accident
  relating  to a pedicab by such pedicab business within twenty-four hours
  after the occurrence of such accident. Such form shall be  signed  by  a
  principal  or officer of such pedicab business as well as by the pedicab
  driver involved in such accident with an affirmation of the truth of the
  contents of the form.
    e. If there are exigent circumstances and a police  officer  or  other
  authorized  officer  or  employee  of  any city agency directs a pedicab
  driver to move his or her pedicab  from  any  street,  avenue  or  other
  location,  such  pedicab  driver shall not operate his or her pedicab at
  such street, avenue  or  location  for  the  duration  of  such  exigent
  circumstances.
    1.  For  the purposes of this subdivision, exigent circumstances shall
  include, but not be limited to, unusually heavy pedestrian or  vehicular
  traffic, existence of any obstructions in the public space, an accident,
  fire  or other emergency, a parade, demonstration or other such event at
  or near such location.
    f. If there are exceptional circumstances, the police commissioner, in
  consultation with the  commissioners  of  the  departments  of  consumer
  affairs  and  transportation,  shall  be  authorized,  upon  notice,  to
  restrict or prohibit any  pedicab  driver  from  operating  his  or  her
  pedicab  on  any street, avenue or other location for a specified period

  of time. Such specified period of time shall not  exceed  fourteen  days
  except,  during  the  period  that  commences  November 12 and concludes
  January 7 of the following year, in and around  the  area  of  Manhattan
  bound  on  the north by Fifty-ninth Street, on the south by Thirty-ninth
  Street, on the east by Lexington  Avenue  and  on  the  west  by  Eighth
  Avenue, the fourteen day time limit shall not be in effect.
    1.  For  the  purposes  of this subdivision, exceptional circumstances
  shall include, but not be limited  to,  unusually  heavy  pedestrian  or
  vehicular  traffic, existence of any obstructions in the public space, a
  parade, demonstration or other such event or occurrence at or near  such
  location.
    g.  Every  affected  community  board  may,  at any time subsequent to
  enactment of this local law, conduct public hearings hereon  and  submit
  written  recommendations  to  the  department  of  consumer affairs, the
  department of transportation, the police  department  and  the  council.
  Such  recommendations  may  include,  but  not be limited to, methods to
  address any impact this law may have on such community with  respect  to
  pedestrian and vehicle traffic flow.