[§ 2, Ord. 701, eff. July 6, 1981]
Special problems exist in the City with respect to the size
and nature of its streets and with respect to the unique characteristics
and inherent nature of the City itself. In view of these problems,
and to minimize deleterious impacts on vehicle and boat traffic congestion,
safety, noise and pollution, this chapter is enacted to provide rules
and regulations for the operation of businesses in the City which
rent or lease vehicles and boats to any person.
[§ 2, Ord. 701, eff. July 6, 1981; amended by Ord.
No. 1198-21, eff. September 2, 2021]]
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
(a)
VEHICLE – Shall mean and include any tram, cart, automobile,
electric bicycle, boat, vessel instrumentality used for transportation
on land or in water which is rented or leased to any person.
(b)
PERSONAL
MOBILITY DEVICE — Shall mean and include motorcycles, mopeds,
motorized scooters, hover boards, electrically motorized boards, Segways,
or any other similar motor or battery powered devices.
[§ 2, Ord. 701, eff. July 6, 1981; § 2, Ord. 827U, eff. June 8, 1988; Ord. U-1112-12, eff. March 20, 2012; § 3, Ord.
1117-13, eff. May 2, 2013]
A permit shall be required of any person or entity in the business of renting or leasing vehicles without providing a driver to any person in the City. A permit shall be required of the operator of any hotel who provides or makes available the temporary use of an autoette along with or as an integrated part of the purchase of lodging to transient occupants of the hotel, except that such hotel operator need not comply with §§ 5-11.08 through 5-11.012 because autoettes are not being made available for rent or lease to the general public. For purposes of this section, a hotel shall be defined as set forth in § 3-3.402(a) of the Avalon Municipal Code.
[§ 2, Ord. 701, eff. July 6, 1981; Ord. U-1112-12, eff. March 20, 2012; § 4, Ord. No. 1117-13, eff. May 2, 2013]
Any person applying for a permit under § 5-11.03 shall first apply for a permit by making written application to the Council. Such application shall be in the form and shall contain such information as is prescribed by the City Manager and shall be accompanied by an application fee prescribed by resolution of the Council.
[§ 2, Ord. 701, eff. July 6, 1981]
The Council shall consider and decide upon the application within
60 days of filing of an application unless said time is extended by
agreement of the applicant. Prior to making its decision, the Council
shall give the applicant or his authorized representative an opportunity
to present facts in favor of the application.
[§ 2, Ord. 701, eff. July 6, 1981; Ord. U-1112-12, eff. March 20, 2012; § 5, Ord. 1117-13, eff. May 2, 2013]
The Council may grant a permit if it is able to make affirmative
findings based on the following criteria:
(a)
The applicant has presented facts demonstrating a need for the proposed
rental or leasing business in the City for residents and visitors,
or for a hotel in the City, facts demonstrating why the hotel or its
transient occupants need such autoettes.
(b)
In view of the size and nature of the streets of the City and the
character of the City itself, the proposed business or provision of
autoette(s) to hotel transient occupants will not have a deleterious
impact on the public health, safety and welfare.
(c)
The vehicles/autoettes associated with the business or hotel will
not have a deleterious impact on traffic or parking congestion, traffic
safety, noise and air pollution.
(d)
The proposed business or provision of autoette(s) to hotel transient
occupants will be conducted in a manner which will not be detrimental
to the public health, safety and welfare.
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Any approval may be subject to such conditions as will assure
that the proposed business or provision of autoette(s) to hotel transient
occupants will be conducted in accordance with the public health,
safety and welfare and will not be a detriment to City visitors or
residents. Such conditions may include a limitation on the number
and type of vehicles/autoettes which may be used in conjunction with
the business or hotel, or conditions pertaining to the parking of
such vehicles/autoettes.
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[§ 2, Ord. 701, eff. July 6, 1981]
Prior to issuance of a permit, the applicant shall procure a
policy of liability insurance from a company authorized to do business
in the State of California, which policy shall designate the City
as additional insured and protect it against any and all claims and
liabilities for death, injury, loss or damage to person or property
arising out of or in any manner related to applicants' operations
and vehicles involved therein. Such policy of insurance shall contain
not less than the following limits of liability:
Bodily Injury: $500,000 for death or bodily injury or loss sustained
by any one person in any one accident; and $1,000,000 for death, bodily
injury or loss sustained by more than one person in any one incident;
and
Property Damage: $250,000 for loss occasioned by damage or injury
to property in any one incident.
Combined Limits: A combined single limit policy with aggregate
limits in the amount of $1,000,000 will be considered equivalent to
the required minimum limits. Prior to issuance of a permit, applicant
shall deliver said policy of insurance, or a certified photostatic
copy thereof, to the City Attorney for approval by him as to form
and sufficiency, and the permit shall not be issued until such insurance
policy is so delivered and so approved. When such policy has been
so approved, it shall be filed in the office of the City Clerk of
City. Said policy shall name the City as an additional insured and
not be subject to cancellation without 30 days' prior written notice
to the City.
[§ 2, Ord. 701, eff. July 6, 1981]
No person shall conduct or operate a vehicle or bicycle rental
business without installing and maintaining plainly visible to all
who come to his place of business a sign showing the prices to be
charged therefor.
[§ 2, Ord. 701, eff. July 6, 1981]
Such rental operator shall not charge or collect any fee for
the rental of any such vehicle or bicycle at a rate in excess of the
rate posted.
[§ 2, Ord. 701, eff. July 6, 1981]
Any posted schedule of fees may be changed prior to the opening
of any rental business at the beginning of the business day. Changes
of posted rates shall not be made during the course of any business
day while the business is open for business.
[§ 2, Ord. 701, eff. July 6, 1981]
A receipt showing the time the rental period started and ended,
together with the charges collected for the use of such equipment,
shall be given by the operator to the renter upon the request of the
renter.
[§ 2, Ord. 701, eff. July 6, 1981]
Rates shall be on an hourly and/or daily basis and charges shall
be computed and prorated for any time not divisible into even hours.
[§ 2, Ord. 701, eff. July 6, 1981]
The Council shall have the power to revoke or suspend any permit
granted pursuant to the provisions of this chapter upon determination
that:
(a)
The permit holder has violated the provisions of this chapter or
of any other applicable laws, statutes, ordinances or regulations.
(b)
The permit holder has violated any conditions of approval.
(c)
The permit holder has conducted his business in a manner detrimental
to the public health, safety and welfare.
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Prior to any such revocation, the Council shall give the permit
holder or his authorized representative an opportunity to present
facts in opposition to revocation.
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[§ 2, Ord. 701, eff. July 6, 1981]
Any permit issued pursuant to this chapter shall expire one year from the date of issuance. Prior to expiration, the permit holder may apply for renewal, upon which application the Council shall review the conduct of the business in relation to the criteria set forth in § 5-11.06 and any conditions to which the permit is subject. The Council may renew the permit upon making an affirmative finding that said criteria and conditions have been satisfied during the previous year.
[§ 2, Ord. 701, eff. July 6, 1981]
After a permit has been granted or renewed, any conditions which
may have been imposed upon the permit holder may be modified by the
Council upon application of the permit holder. Any such modifications
may be made upon the Council's determination that:
[§ 2, Ord. 701, eff. July 6, 1981]
Any person holding a permit under this chapter shall also be in compliance with § 3-1.204 and with Article 17 of Title 4 of the Avalon Municipal Code. A business license under § 3-1.204 for conduct of the business of renting and leasing vehicles shall not be issued unless an applicant first obtains a permit under this chapter.
[§ 2, Ord. 701, eff. July 6, 1981]
No permit issued under this chapter shall be transferable without
express consent of the Council, pursuant to this ordinance.
[Added by Ord. No. 1198-21, eff. September 2, 2021]
It shall be unlawful to rent or commercially operate any personal
mobility device. Personal mobility devices shall not be rented or
leased to any person.
