Defined terms appearing in this chapter are shown in quotes. Whenever any words or phrases used in this chapter are not defined in this chapter, but are defined in the California Vehicle Code, the words or phrases shall have the meaning set forth in the California Vehicle Code. For the purposes of this chapter, the following words and phrases shall mean:
"Darkness"
means any time from one-half hour after sunset to one-half hour before sunrise and any time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.
"Decal"
means the official Town-issued decal or appliqué affixed to the pedicab denoting that the pedicab is registered with the Town. The word "decal" may be used interchangeably with the word "medallion" with the same effect.
"Holder"
means a person or entity to which a taxicab company permit, taxicab driver's permit, taxicab medallion, pedicab operator permit, or pedicab decal has been issued.
"Manifest"
means a daily record prepared by a taxicab driver of all trips made by such driver, showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.
"Medallion" or "vehicle medallion"
means the official Town-issued decal or appliqué affixed to the taxicab denoting that the taxicab is registered with the Town. The word "medallion" may be used interchangeably with the word "decal" with the same effect.
"Operating permit"
means a badge worn by the operator that includes a color passport-sized photo and other information, issued by the Town pursuant to Section 5.24.310, authorizing a person to operate a pedicab as a business.
"Operator"
means any individual who operates a pedicab within the Town of Yountville.
"Owner"
means any person or entity that owns a taxicab or pedicab.
"Pedicab"
means:
1. 
A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is used for transporting passengers for hire; or
2. 
A bicycle, or similar motorized or non-motorized device, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is used for transporting passengers for hire.
"Ride share" or "ride sharing"
means a motor vehicle not regularly engaged in the business of carrying passengers for hire, but does offer space for passenger(s) in a motor vehicle when space is available, and does so without a guarantee of compensation for services rendered.
"Seatbelt"
means the safety strap or harness designed to hold a person securely in a seat.
"Special event"
has the same meaning as that term is defined in Section 8.24.010 of this municipal code.
"Taxicab company permit"
means the permit issued by the Town to the owner of a taxicab seeking to offer service in the Town.
"Taxicab driver's permit"
means the permit issued by the Town to the driver of a taxicab. References to the obligation of the company or driver shall apply equally to drivers who are employees, affiliates and/or subcontractors.
"Taxicab" or "cab"
means a motor vehicle regularly engaged in the business of carrying passengers for hire and having a seating capacity of not more than eight persons, excluding the driver, and not operated on a fixed route.
"Taximeter"
means a meter instrument or device attached to a taxicab that measures mechanically the distance driven and the waiting time upon which the fare is based.
"Waiting time"
means the time when a taxicab is not in motion, from the time of acceptance of a passenger or passengers until the time of discharge. Waiting time shall not include the time when a taxicab is not in motion because of the fault of the driver or the vehicle.
(Ord. 419-13)
The Town Manager is hereby authorized to promulgate administrative rules, regulations and interpretations to implement this chapter. Said rules, regulations and interpretations may include, but are not limited to, revisions to the terms or limits of the required insurances; the application process; requirements of operation, etc. Once promulgated, they shall have the force of law as an embodiment of this section.
Local law enforcement shall enforce all rules, regulations and interpretations necessary to implement this chapter.
(Ord. 419-13)
All written notice provided by the Town under this section shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, a copy of the citation shall be sent by first class mail. This method of delivery does not include any initial citations issued by law enforcement for violation of local, County or State law. The Town shall utilize the address identified on the most recent application or renewal documents on file to determine the mailing address for the citee. The date of mailing shall constitute the issuance date of a citation.
Whenever the Town has made a decision or ruling to deny, suspend or revoke any permit, medallion, or decal issued under this chapter, the applicant or holder of the permit, medallion or decal may appeal the decision by filing a written request for an appeal hearing to the Town Manager, or designee, within 10 days of mailing of the decision. Until the ruling of the Town Manager, or designee, the administrative decision shall remain in full force and effect whether it will be for denial of an application, suspension or revocation.
The Town Manager, or designee, shall provide notice to the appellant and a date for the hearing within 20 days of receipt of the appeal and the payment of the appeal fee. The hearing shall be set within 20 days, unless the applicant or holder requests a continuance. At the hearing, both the applicant or holder and staff shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the appeal, limited to the grounds for appeal stated in the filing of the appeal. The applicant or holder may appear in person or by submitting written material. A nonappearance shall result in a vacation of the appeal, and the Town Manager, or designee, may proceed with the hearing and/or any related disciplinary action.
Within 10 days of the hearing, Town Manager, or designee, shall issue a written decision that states whether the decision of the administrative staff is to be upheld, modified or reversed, and the length of any suspension. The decision shall be served on the holder or applicant by certified mail. The decision of the Town Manager, or designee, may be appealed to the Council pursuant to Chapter 1.30.
(Ord. 419-13)
If, at any time, in the judgment of the Town, taxicab auto liability or pedicab general liability insurance policies do not meet the requirements set forth in Section 5.24.120 or 5.24.320, respectively, the Town may suspend permits, medallions and decals, as applicable, until the Town has received satisfactory proof that the holder has obtained insurance which meets such requirements, or revoke the permits, medallions, and/or decals for repeated violations of this section.
(Ord. 419-13)
A. 
Enforcement Remedies. Violations of this chapter may be prosecuted as misdemeanors punishable by a fine of not more than $1,000.00 or by imprisonment, in the County Jail for a period of not more than six months or by both fine and imprisonment, except as otherwise stated in the California Vehicle Code. The Town may also seek injunctive relief, civil penalties, administrative remedies, or any other appropriate legal sanctions or proceedings for the enforcement of this chapter. Violations of County, State or Federal law are not limited to the punishments or remedies identified herein.
B. 
Strict Liability Offenses. Violations of this division shall be treated as strict liability offenses, unless otherwise specified.
(Ord. 419-13)
A. 
Taxicabs. Any person owning a taxicab or driving a taxicab seeking to operate the same from within the Town shall comply with this chapter. All regulations contained herein refer to taxicab operations whose primary business office or taxicab point of origin is/are located in the Town of Yountville, or that are otherwise substantially located within the Town of Yountville. Nothing in this chapter is intended to require ride share providers, taxicabs, taxicab operators, or taxicab companies that operate from outside the Town to obtain Town taxicab permit(s) or medallion(s).
B. 
Permits and Medallion Required. Every company wishing to operate a taxicab operation in the Town shall obtain a taxicab company permit. Every driver wishing to operate a taxicab in the Town shall obtain a taxicab driver's permit. Every motorized vehicle used in a taxicab operation shall obtain a taxicab medallion.
C. 
Business Tax Certificate Requirement to Operate Taxicab. It is unlawful for any person or entity to operate a taxicab operation without first obtaining a business license pursuant to Section 5.04.100, the amount of which is determined by Section 5.04.210 of this code.
D. 
Fees. An initial deposit amount shall be charged for initial and renewal permits and all appeals of any proceedings pertaining thereto, under this chapter. A fixed non-refundable annual fee for medallions shall be charged. The fee schedule for all permits, medallions, and appeals shall be set forth in the Master Fee Schedule of Town fees and charges and shall be kept in office of Town Clerk for public inspection.
(Ord. 419-13; Ord. 18-475)
The taxicab company permit, described below, will authorize the owner of taxicab(s) or taxicab company owning taxicab(s) to secure a permit to operate taxicab(s) from within the Town, provided each driver of one of the company taxicabs receives a taxicab driver's permit. In addition, the taxicab company must secure an individual medallion for each taxicab to be registered with the Town. Each permit and medallion shall be valid for one calendar year following issuance. The permits and medallions issued pursuant to this chapter shall be nontransferable to other taxicabs or drivers.
A. 
No person shall operate a taxicab for hire upon the streets of the Town, and no person who owns or controls a taxicab shall permit it to be so driven, unless the owner of such taxicab and driver shall have first obtained, and shall have then in force, a medallion for each taxicab in operation, a taxicab company permit and a taxicab driver's permit issued by the Town.
1. 
Taxicab Medallion. It is unlawful for any owner or driver to operate a taxicab from within the Town without a valid Town issued taxicab medallion, and paying all applicable licensing and permit fees. A taxicab medallion application may be acquired from the Town.
2. 
Taxicab Company Permit. It is unlawful for any owner or driver to operate a taxicab from within the Town without first registering the taxicab with the Town, and paying all applicable licensing and permit fees. A taxicab permit application may be acquired from the Town.
3. 
Taxicab Driver's Permit. It is unlawful for any person to operate a taxicab within the Town, or for any taxicab company to permit their taxi(s) to be operated from within the Town by a driver, if not permitted pursuant to this chapter. A taxicab driver's permit application may be acquired from the Town.
B. 
Renewal of Permits. It is the permit holder's responsibility to renew a taxicab company or taxicab driver's permit. The taxicab permit, driver's permit and vehicle medallions shall be renewed annually by the permit holder provided a complete renewal application with appropriate permit renewal fees are received by the Town or postmarked 30 calendar days before the permit's expiration date. If the application is late, determined to be incomplete or is not otherwise capable of being acted on prior to the 30day period before the expiration date, the applicant may be required to pay late fees. Holders of expired permits are not permitted to operate taxicabs from within the Town. If the permit lapses for more than 30 calendar days after the expiration date, the previous permit or medallion shall be deemed null and void and the applicant shall file an initial application and required to obtain all approvals before operating in Town.
C. 
Exclusions. The following are excluded from the requirement to obtain a taxicab company permit:
1. 
ADA paratransit providers when providing paratransit service under any private or public ADA transit plan.
2. 
A charter-party carrier of passengers within the meaning of Section 5351 et seq., of the California Public Utilities Code.
3. 
Any person operating or causing to be operated a taxicab while transporting a passenger(s) from a point outside the Town to a destination within the Town, or proceeding through the Town to a destination outside the Town.
D. 
Display of Driver's Permit and Medallion. The taxicab driver's permit shall be posted in such a place to be easily visible to all passengers, day and night. The vehicle medallion shall be on display and easily visible in the rear window of the taxicab.
E. 
Every holder under this chapter shall comply with all Town, State and Federal laws. Violations may result in the suspension or revocation of the taxicab and/or driver's permit(s).
(Ord. 419-13)
No taxicab permit shall be issued or continued in effect unless there is in full force and effect the following:
A. 
Commercial General Liability/Automobile Liability Insurance. Taxicab company shall obtain and maintain commercial general liability insurance and automobile liability insurance in the amount of $2,000,000.00 per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. Taxicab company's insurance coverage shall be written on an occurrence basis.
B. 
Workers' Compensation Insurance. Taxicab company shall obtain and maintain statutory workers' compensation insurance and employer's liability insurance in the amount of $2,000,000.00 per accident.
C. 
Acceptability of Insurers. Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to the Town.
D. 
Verification of Coverage. Insurance, deductibles or self-insurance retentions shall be subject to the Town's approval. Original certificates of insurance with endorsements shall be received and approved by the Town before a permit is issued.
E. 
Other Insurance Provisions.
1. 
The Town, its officers, officials, employees and volunteers are to be covered as additional insured for commercial general and automobile liability coverage.
2. 
For any claims related to this application, taxicab company's insurance coverage shall be primary and any insurance or self-insurance maintained by the Town, its officers, officials, employees and volunteers shall not contribute to it.
3. 
Each insurance policy required shall be endorsed that a thirty-day notice be given to the Town in the event of cancellation or modification to the stipulated insurance coverage.
4. 
Approval of the insurance by the Town or acceptance of the certificate of insurance by the Town shall not relieve or decrease the extent to which taxicab company may be held responsible for payment of damages resulting from taxicab company's services or operation pursuant to this chapter, nor shall it be deemed a waiver of the Town's rights to insurance coverage hereunder.
5. 
If, for any reason, taxicab company fails to maintain insurance coverage that is required pursuant to this ordinance, the Town, at its sole option, may suspend or revoke the taxicab company's permit(s).
6. 
By being a named insured, Town is not responsible for damages, claims, causes of action, or any other matters of any permit holder, taxicab operator, or taxicab owner.
The permit holder shall keep the Town informed of deletions and additions of vehicles to the insurance schedule when changes are made during the year.
It shall be a misdemeanor to operate a taxicab business without insurance coverage as specified in this section.
(Ord. 419-13)
A. 
Taxicab permit(s) and/or decal(s) may be suspended or revoked by the Town if the holder thereof has:
1. 
Violated any of the provisions of this code, including this chapter.
2. 
Violated any provision of State or Federal law.
3. 
Made a materially false or misleading statement or omission of fact on any permit application, or renewal application, or in any supplementary materials submitted therewith.
B. 
When a decision to suspend has been made, the permit holder shall be given notice of the suspension and the reason(s) therefor. Should the holder wish to contest the action, they may request an appeal hearing pursuant to Section 5.24.030.
C. 
Should the permit renewal date come while a permit is suspended, the holder shall follow renewal procedures under subsection B of Section 5.24.110 for reactivation of the permit.
D. 
Revocation of said permit(s) may occur for repeated or serious violation of this chapter or state law; felony conviction; misdemeanor conviction involving moral turpitude, larceny, theft or sex crimes.
(Ord. 419-13)
A. 
Upon a written decision suspending a taxicab permit, the permit shall immediately be surrendered to the Town. Once the reasons for suspension are duly remedied and the period of suspension, if applicable, has expired, the Town shall return the permit.
B. 
It is unlawful for any person to operate a taxicab during a period in which the taxicab permit for the vehicle has been suspended or revoked.
C. 
Nothing herein shall deny the permit holder of the rights of appeal.
(Ord. 419-13)
A. 
All taxicabs operating in the Town shall adhere to State and Federal laws regarding vehicle maintenance.
B. 
It is unlawful for a holder to operate, cause to be operated, or permit to be operated any taxicab when it is not in a safe operating condition.
C. 
A taxicab permit holder shall obtain an annual mechanical safety inspection of all permitted taxicabs. At a minimum, the inspection shall include a mechanic's certification that the windshield wipers, defroster, braking system, emergency brake, lighting system, glass, tires, exhaust system, spare tire and jack, driver displays (e.g., gear shift indicator, speedometer, engine warnings), steering system, suspension system, mirrors, horn, seat belts, seats, door/window handles and locks, heating system and body panels are in good working order. A copy of the inspection report shall be submitted to the Town annually, in addition to being carried in the vehicle and produced to the police upon request. The permit holder shall maintain the inspection records for each vehicle for a period of no less than one year after the vehicle is no longer permitted by the Town.
D. 
Any County Sheriff, deputy or other County peace officer, Town police officer, or reserve police officer, having reasonable cause to believe that any taxicab or combination of taxicabs is not equipped as required by this code, the California Vehicle Code, or is in any unsafe condition as to endanger any person, may require the driver to stop and submit the vehicle or combination of vehicles to an inspection and those tests as may be appropriate to determine the safety to persons and compliance with the code.
(Ord. 419-13)
A. 
Taximeters. All taxicabs operated under the authority of this chapter shall be equipped with taximeters, which conform to all applicable requirements of State of California laws and regulations and shall be sealed by a California County Sealer of Weights and Measures. All taximeters shall be fastened so as to be clearly visible to passengers at all times of day and night. The taximeter shall be subject to inspection from time to time by the Town and a California County Sealer of Weights and Measures. Such inspection may be initiated by complaint of a private citizen. If an inspection results in the finding of a faulty meter, the taxicab company permit shall be suspended until such time as the meter can be repaired and approved by a California County Sealer of Weights and Measures, and all other taxicabs of that company licensed in Town of Yountville can be checked for compliance.
B. 
Rates of Fare. The licensee shall furnish service on a meter and service charge basis. A true and correct schedule of rates of fare to be charged for the transportation of passengers in any and all vehicles operated by said permit holder shall be filed with the application for a permit. A schedule of such fares shall be posted conspicuously in each vehicle operated by said permit holder and shall be visible to all passengers, day and night. It is unlawful to charge, collect, or receive any other or different compensation for the use of such taxicab than that specified in the tariff or fare schedule so on file and at the time in effect, excepting tips.
C. 
Receipt for Fare. Upon a passenger's request, the driver of any taxicab shall render to such passenger a receipt that shall include the following information:
1. 
The amount charged;
2. 
The name of the permit holder or name of the business;
3. 
The vehicle or taxicab number; and
4. 
The date of transaction.
(Ord. 419-13)
It is unlawful for any person to refuse to pay the legal fare after having hired the same, and it is unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the fare for such service. Any violation, in addition to being a misdemeanor pursuant to this code, shall also be subject to all other applicable State laws.
(Ord. 419-13)
A. 
No driver shall solicit patronage to the annoyance of any person nor obstruct the movement of any persons, nor follow any person for the purpose of soliciting patronage.
B. 
No additional passenger shall be accepted by a taxicab driver without the consent of the person or persons first employing the taxicab. No charge shall be made for any additional passenger except when the additional passenger rides beyond the previous passenger's destination, and then only for the additional distance so traveled. A "double" charge made by the driver is prohibited, and violation thereof is declared to be a misdemeanor.
C. 
No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his or her taxicab, as stated in the taxicab permit. No driver shall allow any passengers to be transported without use of a seatbelt.
D. 
No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. Any such refusal or neglect by the driver shall render him or her guilty of a misdemeanor and subject him or her to punishment therefor, in addition to any punishments otherwise provided by law.
E. 
Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger or passengers safely and expeditiously to their destination, unless otherwise directed by the passenger or passengers.
(Ord. 419-13)
A. 
The Town Manager or designee is hereby authorized and empowered to establish taxi stands in such place or places upon the streets of such Town as he or she deems necessary for the use of taxicabs operated in the Town. The Town shall prescribe the number of cabs that shall occupy taxi stands.
B. 
Taxi stands shall be used by the different drivers on a first-come first-served basis. Drivers shall stay within 20 feet of their cab and they shall not solicit passengers or engage in loud or boisterous talk while at a taxi stand.
C. 
The Town shall paint the curbs in areas designated as taxicab stands by the Town Manager or designee. The costs of painting such curbs shall be borne by the Town.
D. 
No holder shall park or permit to be parked a taxicab in a Town parking lot or residential area of the Town, excluding the parking area of a taxicab owner or driver's own home and the street space immediately in front of the said residence. This prohibition shall not apply while the taxicab is dropping-off a patron, waiting for a patron after being called to a specific residence for a patron pick-up, or waiting for a patron to return to the taxicab from inside a residence. For the purpose of this section, a taxicab is waiting for a new patron if the driver is not otherwise engaged in an activity and/or is available for hire.
E. 
Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as taxicab stands.
(Ord. 419-13)
A. 
Trip Manifests. Every driver shall maintain a daily manifest upon which is recorded all trips made each day, showing time and place of origin and destination of each trip, and amount of fare. All such completed manifests shall be returned to the holder by the driver at the conclusion of his or her tour of duty. The forms of each manifest shall be furnished to the driver by the holder and shall be of a type and form approved by the Town.
Every holder of a taxicab permit shall retain and preserve all drivers' manifests in a safe place for at least one calendar year, and such manifests shall be available to the Town exclusively, except as otherwise required by law, for inspection at all reasonable hours.
B. 
Records of Permit Holder—Report of Accidents.
1. 
Every holder shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures, and such other operating information as may be required under the terms of this chapter. Every holder shall maintain the records containing such information and other data required by this chapter at a place readily accessible for examination by the Town.
2. 
All accidents arising from or in connection with the operation of taxicabs permitted by the Town which occur on a street/highway or private property, regardless of jurisdiction, shall be reported to the police department within three days if there was an injury, death or property damage in excess of the amount reportable to the California Department of Motor Vehicles. This reporting is in addition to any other report filed with a law enforcement agency, insurance company or California Department of Motor Vehicles.
3. 
Every holder of a taxicab company permit shall keep and maintain at all times a complete and accurate record of all drivers employed by the holder, which record shall show in detail the names, home addresses and the beginning and separation dates of employment of the drivers, the taxicab or taxicabs driven by such drivers, and the hours during which such drivers were on duty during each day or night of their employment. Such records shall be provided to the Town at any time upon demand and shall be retained for a period of at least five years after the driver's separation from the taxicab company. Upon separation of the employment of any driver, the holder shall surrender the driver's permit to the police department.
4. 
Every holder of a taxicab permit shall require employed drivers to submit a certificate showing the driver passed a drug test within the previous 12 months. The drug test shall be completed by a certified laboratory meeting standards consistent with the U.S. Department of Health and Human Services. Evidence of completion shall be required annually and these records shall be provided to the Town upon request and retained by the holder with other employment records specified in subsection (B)(3).
(Ord. 419-13)
A. 
The following shall be among, but not limited to, the criteria for denial of a permit or suspension or revocation of same.
1. 
The application is not complete.
2. 
The application contains fraudulent or misleading statements or omissions of facts.
3. 
The applicant is not qualified or able to safely operate a taxicab in accordance with the laws of the State of California and the requirements of this chapter.
4. 
The applicant has been convicted of reckless driving, driving under the influence in the past 10 years, or has previously been convicted of vehicular manslaughter.
5. 
The applicant has been convicted of a felony or any offense involving moral turpitude or the use of force or violence upon another person or any sex offense.
6. 
Violation of any of the provisions of this chapter, any rules or regulations established or authorized by this chapter, or any violation of the Municipal Code for the Town of Yountville.
B. 
If the application is denied, the applicant may appeal to the Town as set forth in Section 5.24.030.
(Ord. 419-13)
A. 
Pedicabs. This section is enacted to allow the operation of pedicabs, a form of (generally) nonmotorized transportation for hire. It is necessary to enact regulations governing pedicabs, operators, and owners to protect the health, safety and welfare of the general public, and passengers using pedicabs. It is the intent of this section to facilitate the safe, orderly flow of traffic and to relieve congestion and traffic hazards associated with pedicab use. This code requires that each operator obtain an operating permit, and that a decal be obtained for each pedicab to operate within the Town.
B. 
Permit and Decal Required. Prior to commencing the operation of a pedicab or a pedicab operation in the Town every person or entity shall obtain a pedicab operation permit. Every pedicab device used in a pedicab operation shall obtain a pedicab decal. It is unlawful for any person entity to operate a pedicab without first obtaining a permit and decal(s) as required by this section.
C. 
Business Tax Certificate Requirement to Operate Pedicab. It is unlawful for any person to operate a pedicab without first obtaining a business license pursuant to Section 5.04.100, the amount of which is determined by Section 5.04.210 of this code.
D. 
Fees. An initial deposit amount shall be charged for initial and renewal permits and all appeals of any proceedings pertaining thereto, under this chapter. A fixed non-refundable annual fee for decals shall be charged. The fee schedule for all permits, decals, and appeals shall be set forth in the Master Fee Schedule of Town Fees and Charges and shall be kept in office of Town Clerk for public inspection.
(Ord. 419-13)
A. 
No person shall operate a pedicab for hire upon the streets of the Town, and no person who owns or controls a pedicab shall permit it to be so operated, unless the owner of such pedicab and/or operator shall have first obtained, and shall have then in force, a decal for each pedicab in operation, and a pedicab operating permit issued by the Town.
1. 
Pedicab Decal. It is unlawful for any pedicab to operate within the Town without having a valid pedicab decal issued by the Town pursuant to this title. It is unlawful for any pedicab to operate without the Town issued pedicab decal being displayed in a manner clearly visible to the public upon reasonable inspection of the pedicab.
2. 
Pedicab Operating Permit. It is unlawful for any person to operate a pedicab within the Town without having a valid operating permit issued by the Town pursuant to this title. It is unlawful for an operator to fail to wear his or her operating permit in a manner clearly visible to the public while operating a pedicab.
B. 
Renewal of Permits and Decals. Pedicab operating permits and pedicab decals may be renewed annually upon the filing and approval of a new application and payment of a permit and/or decal application fee as determined by the Master Fee Schedule of Town Fees and Charges and shall be kept in office of Town Clerk for public inspection. Operating permits and decals may be renewed beginning December 1st for the following calendar year.
C. 
Validity of Operating Permit and Decal. Operating permits shall become invalid immediately if the operating permit or decal is defaced, altered, forged, or counterfeited. Operating permits and decals are nontransferable.
D. 
Owners shall provide proof of insurance in accordance with Section 5.24.320.
E. 
Ongoing Duty to Notify Town of Offenses. All applicants and holders shall have an ongoing duty to notify the Town in writing, and cooperate with any subsequent Town inquiries related thereto, of any violations of the law or conviction of any criminal offenses after submission of their application or granting of a permit or decal. For entities this duty shall also include an ongoing duty to notify the Town in writing, and cooperate with any subsequent Town inquiries related thereto, of any civil violations of the law or significant changes in the entity's ownership or management, or the filing of any action of dissolution or bankruptcy, after submission of their application or granting of a permit or decal.
(Ord. 419-13)
A. 
It is unlawful for any person to operate a pedicab within the Town of Yountville unless at the time of such operation the owner has in effect a valid policy of commercial general liability coverage or business auto coverage with a pedicab endorsement on the vehicle.
B. 
The insurance policy, required to be issued under subsection A, shall be executed and delivered by a company with a rating of "A" in Best's Key Rating Guide and authorized to carry on an insurance business in the State of California, the financial responsibility of which company has been approved by the Town Manager. The terms of the policy shall provide that the insurance company assumes financial responsibility in an amount not less than $2,000,000.00 per occurrence for bodily injuries and personal injuries or property damage caused by the operation of the pedicab, including but not limited to, pedicabs operated by the officers, employees, agents, independent contractors, or lessees of the owner.
C. 
A valid certificate of insurance issued by a company providing the required insurance policy shall be available for inspection at the owner's principal place of business. A certificate of insurance shall provide that the insurer will notify the Town Manager of any cancellation of the owner's insurance policy and that the cancellation notice shall be in writing and such notice shall be sent by registered mail at least thirty days before cancellation of the policy. The certificate shall include all of the following:
1. 
The full name of the insurer;
2. 
The name and address of the insured;
3. 
The insurance policy number;
4. 
The type and limits of coverage;
5. 
The Town-assigned identification number of the specific vehicles insured;
6. 
The effective dates of the insurance policy; and
7. 
The certificate issue date.
D. 
Upon demand of a peace officer, every operator of a pedicab shall provide valid proof of insurance for the pedicab.
(Ord. 419-13)
A. 
Fare Schedule. Operators shall post a per passenger fare schedule on the pedicab that meets the size, format and location requirements of subsection B.
1. 
This fare schedule shall be clearly visible to all passengers while seated in the pedicab.
2. 
It is unlawful for any operator to charge a passenger a fare greater than the fare contained in the posted fare schedule.
B. 
Fare Schedule Sign Requirements. To provide consumer protection pedicab fare schedules must comply with the following requirements:
1. 
Size. A fare schedule sign shall be a minimum of eight and one-half inches in width by six inches in height.
2. 
Font. The required font shall be "Arial Bold," in a color to produce maximum contrast with the background, adequately spaced for maximum readability.
3. 
Format. The fare schedule shall include the following text:
Line 1- FARE SCHEDULE (All capitalized with minimum font size of 36).
Line 2- (PER PERSON) (All capitalized with minimum font size of 36).
Line 3- Rate charged (Minimum font size of 36).
4. 
Location Requirements. The fare schedule shall be securely attached to the pedicab in a location clearly visible to all passengers while seated in the pedicab.
(Ord. 419-13)
A. 
Parking. To provide drop off and pick up areas for pedicabs, the Town Manager may locate and designate pedicab parking zones within the Town. Every operator and every owner is subject to all applicable parking provisions of the California Vehicle Code and the Yountville Municipal Code. Owners and operators are subject to the same obligations and responsibilities as a driver of a motor vehicle as it relates to parking violations.
1. 
Pedicab parking violation fees will correspond with parking fees established for motor vehicles in the municipal code.
2. 
It is unlawful for an operator to leave his or her pedicab unattended in a pedicab parking zone.
3. 
Pedicab parking violations will be issued to the owner of the pedicab.
B. 
Pedicab Impound. Every operator and every owner is subject to applicable impound provisions in California Vehicle Code Section 22651. Operators and owners are subject to the same rights and responsibilities as a driver of a motor vehicle as it relates to pedicab impounds.
1. 
Pedicabs subject to impound may be removed by police contract tow companies and are subject to Town tow fees. Any peace officer, police officer, or parking enforcement officer engaged in traffic or parking enforcement may remove or impound a pedicab under any of the following circumstances:
a. 
When an operator is issued a citation for a violation of Section 5.24.310;
b. 
When an operator is issued a citation for a violation of Section 5.24.320;
c. 
When an operator is arrested and taken into custody;
d. 
When a pedicab owner has five or more unpaid parking violations related to the pedicab to be towed;
e. 
When an operator is physically incapacitated to the extent the operator is unable to safely operate the pedicab;
f. 
When a pedicab is parked or left standing upon a Town street or sidewalk so as to obstruct the normal movement of vehicles or pedestrians or in a condition that creates a hazard; or
g. 
When the pedicab is in violation of Section 5.24.360.
2. 
An owner of a pedicab removed pursuant to this section shall be provided an opportunity for a post-storage hearing to determine the validity of the storage, in accordance with California Vehicle Code Section 22852. The impounding agency shall have the burden of establishing the validity of the removal.
(Ord. 419-13)
A. 
Special Events. It is unlawful to operate a pedicab within the perimeter of a permitted special event except where specifically authorized by the Town.
B. 
Other Laws Applicable to Pedicab Owners and Operators. Operators and owners are subject to all applicable laws, rules, and regulations of the Yountville Municipal Code and the California Vehicle Code pertaining to the operation of bicycles upon streets, except those provisions that by their very nature can have no application.
C. 
Minimum Age for Pedicab Operators. It is unlawful for any person under the age of 18 to operate a pedicab.
(Ord. 419-13)
A. 
It is unlawful to operate, or for any owner to allow to be operated, a pedicab during the hours of darkness, without using battery-operated taillights mounted on the right and left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab.
B. 
It is unlawful for any person to operate, or for any owner to allow to be operated, a pedicab without a seatbelt or seatbelts for passengers. Seatbelts shall be in proper working order.
C. 
It is unlawful to operate, or for any owner to allow to be operated, a pedicab in an unsafe condition.
D. 
It is unlawful to operate, or for any owner to allow to be operated, a pedicab that does not comply with the exterior marking requirements as required by Section 5.24.330.
E. 
It is unlawful to operate, or for any owner to allow to be operated, a pedicab while carrying a number of passengers that exceeds the number of available seats.
(Ord. 419-13)
A. 
It is unlawful to operate a pedicab in a manner that results in damage to public property.
B. 
It is unlawful to operate a pedicab on a Town street with a posted speed limit in excess of 25 miles per hour unless the pedicab is operated within a Class II bike lane.
C. 
It is unlawful to operate, or any owner to allow to be operated, a pedicab having more than one attached trailer or sidecar.
D. 
It is unlawful to operate a pedicab unless all passengers are restrained by seatbelts.
E. 
It is unlawful to operate a pedicab upon a sidewalk except as may be necessary to enter or leave adjacent property.
F. 
It is unlawful to stop or block traffic in order to drop off or collect passengers. All passengers must enter and exit pedicabs off of the roadway and in a manner that does not impede traffic or create traffic congestion.
(Ord. 419-13)
A. 
The following shall be among, but are not limited to, the criteria for denial of a permit or decal or suspension or revocation of same.
1. 
The application is not complete, including provision of proof of insurance.
2. 
The application contains fraudulent or misleading statements or omissions of facts.
3. 
The applicant is not qualified or able to safely operate a pedicab in accordance with the laws of the State of California and the requirements of this chapter.
4. 
The applicant has been convicted of a felony or any offense involving moral turpitude or the use of force or violence upon another person or any sex offense.
5. 
The operator has engaged in activity that, in the judgment of the Town Manager, constitutes a serious threat to public health, safety, or welfare. Such a threat may be indicated by, but is not limited to:
a. 
A report from a law enforcement agency that the pedicab or operator was involved in a vehicle or pedestrian accident involving a pedicab, resulting in injuries; or
b. 
The operator or owner is in violation of Section 5.24.360(C).
6. 
The operator fails to comply with any applicable provisions of the California Vehicle Code.
7. 
The holder or operator is convicted of a criminal offense during the period of time the holder or operator has an active permit or decal.
If the application is denied, the applicant may appeal to the Town as set forth in Section 5.24.030.
B. 
The Town Manager shall provide notice to the operator or owner of the denial or intent to suspend or revoke as follows:
1. 
When, prior to the issuance of an operating permit or pedicab decal, the Town Manager has evidence that one of the grounds specified in subsection A exists, the Town Manager shall serve an applicant with a notice that his or her application for an operating permit or pedicab decal has been denied. The notice shall also advise the applicant of the right to appeal the denial. Service shall be by any of the methods listed in Section 5.24.030.
2. 
Where, after the issuance of an operating permit or pedicab decal, the Town Manager has information that one of grounds listed in subsection A exists, the Town Manager shall notify the operator or owner of that information, and commence suspension or revocation proceedings as specified in Section 5.24.030. The notice shall be served in accordance with Section 5.24.030.
C. 
Subsection (B)(2) notwithstanding, when, after the issuance of an operating permit, the Town Manager receives a certified record of conviction for an offense meeting the criteria of subsection (A)(2) or (A)(3), or receives a report from a government agency that contains information that the grounds specified in subsection (A)(5) exists, the Town Manager may summarily suspend or revoke an operating permit without a prior hearing. The Town Manager shall serve a notice of the suspension or revocation in accordance with Section 5.24.030. The summary suspension or revocation shall remain in effect until the conclusion of the appeal process set forth in Section 5.24.030.
(Ord. 419-13)
A. 
Any peace officer may immediately seize an operating permit under any of the following circumstances:
1. 
When the operator is arrested for driving under the influence of alcohol or controlled substance while operating a pedicab under California Vehicle Code Section 21200.5.
2. 
When a pedicab is operated in a manner that creates an immediate safety hazard.
3. 
When the operator or owner has been found not in compliance with Section 5.24.380 or 5.24.390.
B. 
Upon seizure of an operating permit, a peace officer shall forward the operating permit along with a copy of the written complaint as soon as practicable to the Town Manager. The Town Manager may review and immediately begin the suspension or revocation process outlined in Section 5.24.030, or upon review may make the permit available for return.
C. 
Nothing herein shall deny the permit holder of the rights of appeal or of any property interest.
(Ord. 419-13)