The following words or phrases as used in this Chapter shall
have the following meanings.
"Pedicab" has the same meaning as that term is defined by
the California Vehicle Code, and includes pedicabs with electric motors
that meet the definition of electric bicycles set forth in the California
Vehicle Code.
"Pedicab operator" means a person that operates or causes
operations of a pedicab.
"Pedicab decal" means a nontransferable authorization, affixed
to the pedicab by the City, for a pedicab to be operated in the City.
"Seatbelt" means a safety strap or harness designed to hold
a person securely in a seat.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2501CCS § 3, adopted 11/24/15; Ord. No. 2646CCS § 3,
adopted 9/8/20)
The provisions of this Chapter shall not apply to any pedicab
validly permitted and operating in another jurisdiction that drops
off passengers within the City or passes through the City without
picking up any passenger.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
The City Manager, or designee, is authorized to adopt rules
and regulations consistent with this Code and necessary to implement
this Chapter. Such rules and regulations may include, but are not
limited to, provisions governing: pedicab service and safety; pedicab
vehicle equipment standards; conditions and qualifications of pedicab
decals; and the responsibilities of pedicab operators and drivers.
Such rules and regulations shall be filed in the office of the
City Clerk where they shall be made available for inspection by the
public.
Violations of rules and regulations issued pursuant to this
Section shall constitute violations of this Chapter, and shall subject
the violator to the penalties set forth in this Chapter.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
The City Manager, or designee, is authorized to limit the number of pedicab operators allowed to operate on the Beach Bike-Path, and limit the number of pedicabs each permitted pedicab operator may operate at any time on the Beach Bike-Path. The process of selection shall be included in the rules and regulations created under Section 6.50.030.
(Added by Ord. No. 2711CCS §
3, adopted 8/23/22)
(a)
No
person shall operate, or cause to be operated, a pedicab business
within the City without having first obtained a business license from
the City.
(b)
To
obtain a business license, each applicant shall file with the City
a complete and verified application, proof of adequate insurance with
indemnification of the City, and other information prescribed by the
rules and regulations adopted in accordance with this Chapter.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
(a)
No
person shall lease, rent, or allow a pedicab to be operated within
the City without having first obtained a pedicab decal. The decal
shall be affixed to the pedicab in a manner clearly visible to the
public.
(b)
A
pedicab decal application shall be denied if the pedicab is unsafe
for operation or fails to comply with applicable safety and equipment
rules and regulations adopted in accordance with this Chapter.
(c)
No
person shall operate a pedicab that does not have a valid pedicab
decal affixed.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
(a)
A
schedule of fees to recover the costs associated with the administration
and enforcement of this Chapter may be adopted by resolution of the
City Council. No applicant may be issued a pedicab decal until that
applicant has paid all applicable fees.
(b)
Decals
that are expired, revoked, defaced, altered, forged, or counterfeited
are invalid.
(c)
Decals
are the property of the City and are nontransferable.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
Pedicab decals may be denied, suspended or revoked by the City
Manager, or designee, based upon any one of the following grounds:
(a)
The
pedicab operator or driver has failed to comply with applicable laws
or rules and regulations relating to pedicab operations.
(b)
The
pedicab operator or driver has been convicted of assault, battery,
resisting arrest, any felony involving force and violence, any misdemeanor
or felony reckless driving or driving under the influence offense,
or any crime reasonably related to the qualifications, functions or
duties of the passenger transport business, or the ability of the
operator or driver to safely transport passengers.
(c)
The
operator or driver has been convicted of a crime that requires registration
pursuant to California Penal Code Section 290.
(d)
The
pedicab operator or driver has knowingly made a false statement of
material fact, or knowingly failed to state a material fact in the
application process.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
The City may designate pedicab parking stands to provide safe
drop-off and pick-up areas for pedicabs.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
(a)
The
pedicab operator shall post its fare schedule on every pedicab in
its fleet and that meets the size, format, and location requirements
as set forth by the rules and regulations adopted in accordance with
this Chapter.
(b)
No
pedicab operator or driver shall charge a passenger a fare greater
than the fare posted on the pedicab.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
(a)
A
pedicab operator shall:
(1)
Keep pedicabs within its fleet in clean and sanitary conditions,
and be free from mechanical or safety defects;
(2)
Make pedicabs within its fleet available for inspections at reasonable
times by the City, including for annual inspections;
(3)
Operate in compliance with local and state laws applicable to pedicabs
and pedicab operations; and
(4)
Annually report to the Department of the California Highway Patrol
any accidents caused or experienced by the pedicabs.
(b)
It
is unlawful for any person to:
(1)
Operate a pedicab, if said person is under twenty-one years of age;
(2)
Operate a pedicab without a valid California driver's license;
(3)
Operate a pedicab in any manner that impedes or blocks the normal
or reasonable movement of pedestrian or vehicular traffic unless such
operation is necessary for safe operation or in compliance with law
or under the direction of law enforcement personnel;
(4)
Load or unload pedicab passengers on roadways or in the middle of
roadways;
(5)
Operate a pedicab on any street with a posted speed limit in excess
of thirty miles per hour, except to cross the street at an intersection;
(6)
Operate a pedicab in a manner that results in damage to property;
(7)
Operate a pedicab while carrying a number of passengers that exceeds
the number of available seats;
(8)
Operate a pedicab without having all passengers be restrained by
seatbelts;
(9)
Operate a pedicab without having a City-approved insurance policy
in full force and effect at all times during the operation of the
pedicab;
(10)
Operate a pedicab that has broken or inactive equipment, or is otherwise
in an unsafe operating condition;
(11)
Advertise or otherwise hold itself out as providing pedicab services
within the City, unless such person is operating pursuant to City
issued business license;
(12)
Refuse to comply with a lawful order from a City official charged
with enforcement of this Chapter.
(c)
A
pedicab shall:
(1)
Be of a single frame construction and reasonably clean and safe,
so as not to injure or damage the person, clothing or possessions
of a passenger;
(2)
Have an exterior reasonably clean, free of cracks, breaks and major
dents, and treated or painted for adequate weather protection and
a neat and clean appearance;
(3)
Be equipped with working seat belts for all passengers, seat backs,
and grab rails;
(4)
Be equipped with battery-powered headlights and taillights, with
taillights mounted at the same level on the right and left exterior,
red in color and plainly visible from all distances within five hundred
feet to the rear of the pedicab;
(5)
Be equipped with turn signals visible from the front and rear of
the pedicab;
(6)
Be equipped with hydraulic or mechanical disk brakes;
(7)
Be equipped with spoke reflectors on each wheel, and tape type reflectors
showing the front and back width of the pedicab;
(8)
Have permanently and clearly affixed company name and phone number
on the exterior in easy to read lettering at least two inches tall;
and
(9)
Have clearly affixed fare schedule signs, in easy to read lettering
at least one inch tall, including all applicable fares and charges,
including minimums, distance, time, tour or other charges.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
(a)
Any
person violating any provision of this Chapter shall be guilty of
an infraction, which shall be punishable by a fine not exceeding two
hundred fifty dollars per violation; or a misdemeanor, which shall
be punishable by a fine not exceeding one thousand dollars per violation,
or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment. Where the violation
is of a continuing nature, each day that the violation continues constitutes
a separate and distinct violation.
(b)
Any person violating any provision of this Chapter shall be subject to administrative fines and penalties pursuant to Chapter 1.09 of this Code.
(c)
The
remedies specified in this Section are cumulative and their specification
shall not preclude the use of any other remedy provided by law.
(Added by Ord. No. 2424CCS §
3, adopted 4/23/13; amended by Ord. No. 2646CCS § 3, adopted 9/8/20)
