HomeMy WebLinkAboutOrdinance 22-012Ordinance 22-012
An Ordinance Amending Sections 6-141, 6-146 And 6-149 of the Code of
Ordinances of the City of Brookings, South Dakota, and pertaining to Commercial
Pedal Cars in the City of Brookings, South Dakota.
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as
follows:
That Sections 6-141, 6-146 and 6-149, pertaining to Commercial Pedal Cars, are
hereby amended to read as follows:
Sec. 6-141. Definitions. As used in this article, the following terms shall have the
meanings indicated:
Alcohol Beverages: Means any distilled spirits, wine and malt beverages as defined in
SDCL Chapter 35.
Commercial Pedal Car/ also known as a Quadricycle: A vehicle with fully operational
pedals for propulsion primarily by human power (a motor assist may be utilized), that
has four wheels and is operated in a manner similar to a bicycle, that is equipped with at
least four (4) seats for passengers, that is designed to be occupied by a driver and
passengers providing pedal power to the drive train of the vehicle, that is used for
commercial purposes.
Malt Beverages: Has the meaning set forth in SDCL 35-1-1(8).
Wine and Wine Based Beverages: Has the meaning set forth in SDCL 35-1-1(25).
Sec. 6-146. Consumption of alcoholic beverages.
(1) No alcohol beverage, other than beer, wine, hard cider or malt -based
beverages may be consumed by passengers of a commercial pedal car.
(2) The above restrictions shall apply whenever a pedal car is being used or
operated.
Sec. 6-149. Pedal car operator requirements.
(1) The operator of a commercial pedal car must be twenty-one (21) years of age
and must have a valid Driver's License to drive/operate a commercial pedal
car in the City of Brookings.
(2) No operator of a commercial pedal car may consume alcohol while the
commercial pedal car is occupied by passengers.
(3) No operator may operate a commercial pedal car while impaired in any
manner which would violate SDCL 32-12A-43 (Operation of a commercial
motor vehicle with any measurable or detectable amount of alcohol in system
prohibited).
(4) No operator may operate a commercial pedal car on which any alcohol
beverages are carried or consumed other than beer, wine, hard -cider or malt
based beverages.
(5) The owner or operator of a commercial pedal car shall advise
passengers that they may only consume beer, wine, hard -cider or malt based
beverages on a pedal car.
(6) No person shall operate a commercial pedal car if alcoholic beverages are
present unless all passengers at all times are twenty-one (21) years of age.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: April 26, 2022
Second Reading: May 10, 2022
Published: May 13, 2022
CITY ¢f BROOff Ir4rGS, SD
Niemeyer,
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&Wroster, City Clerk
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