The City Council finds that regulations governing pedicabs,
operators, and owners are necessary to protect the general safety
and welfare of passengers using pedicabs for hire and pedestrians
within the City.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
For purposes of this chapter, the following terms are defined
as follows:
"City Manager"
means the City Manager for the City of Stockton or designee.
"Decal"
means the numbered decal issued by the City of Stockton to
a pedicab owner for display on the pedicab to indicate that the pedicab
is permitted to operate.
"Operates within the City"
means the soliciting, accepting, picking-up, or embarking
within the City of a passenger or passengers for transportation or
conveyance to any point within or without the City for receipt of
any form of consideration.
"Operator"
means any individual who operates a pedicab whether as an
owner, an employee of the owner, or as an independent contractor within
the City of Stockton.
"Owner"
means any person who owns, leases, or otherwise has possession
of a pedicab.
"Pedicab"
means:
1.
A bicycle (as defined by the California
Vehicle Code) that has
three or more wheels, that transports, or is capable of transporting,
passengers on seats attached to the bicycle, that is operated by an
individual, and that is used for transporting passengers for receipt
of any form of consideration; or
2.
A bicycle (as defined by the California
Vehicle Code) 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 an individual, and that is
used for transporting passengers for receipt of any form of consideration.
"Person"
means both singular and plural, and shall mean any individual,
firm, corporation, association, partnership, or society exclusive
of public agencies.
"Police Chief"
means the Chief of Police for the City of Stockton or designee.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
It is unlawful for any person to operate a pedicab within the
City without first having obtained a pedicab operating permit issued
by the City pursuant to this chapter. Pedicab operating permits are
the property of the City and are not transferable to any other operator.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. Before
operating a pedicab, an applicant shall apply for a pedicab operating
permit in person.
B. The
pedicab operating permit application form shall be in a form prescribed
by the Police Chief.
C. The
applicant shall provide the following information to complete the
application under oath or affirmation:
1. The
applicant's full name and residence address;
2. The
applicant's date of birth; and
3. The
applicant's valid California driver's license.
D. The
applicant shall provide the following material to complete the application:
1. Proof
that the applicant is 18 years or older;
2. Proof
of ability to drive lawfully in the United States;
3. Proof
of a valid City of Stockton business license;
4. A
complete set of fingerprints;
5. Two
recent color passport-sized photographs; and
6. Such
other information in order for the Police Chief to evaluate the fitness
of the applicant to be granted a pedicab operating permit.
E. Each
applicant must sign the application which shall contain a warning
that the application may be denied or the permit suspended or revoked
if the applicant misrepresents facts relevant to the fitness of the
applicant to be granted a pedicab operating permit.
F. The
Police Chief shall investigate the facts stated in an application
for a pedicab operating permit and other relevant data.
G. When
an application has been denied, the applicant may not reapply for
a pedicab operating permit within 365 days from the date of denial,
unless denial is without prejudice.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
The City shall charge a nonrefundable fee to recover the cost
of activities associated with the administration, regulation, and
issuance of pedicab operating permits as may from time to time be
determined by the City Council.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
Pedicab operating permits shall be valid for a period of three
years from date of issuance.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011; Ord.
2022-11-01-1201 C.S. § 1)
Pedicab operating permits shall be renewable upon filing and
approval of a new application and payment of a pedicab operating permit
fee as determined by the City Council.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011; Ord.
2022-11-01-1201 C.S. § 1)
The Police Chief may deny issuance of a pedicab operating permit
if an applicant:
A. Fails
to comply with the requirements of this chapter;
B. Misrepresents
facts relevant to the fitness of the applicant;
C. Does
not possess a valid driver's license issued by the State of California;
D. Has
any type of driving restrictions issued by the State of California;
E. Is currently
required to register pursuant to California
Penal Code Section 290;
F. Has
been convicted of a crime involving moral turpitude or narcotics;
or
G. Has
been convicted for hit and run, driving a vehicle recklessly or while
under the influence of intoxicating alcohol or drugs within the seven
years immediately preceding application for a pedicab operating permit.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. The
Police Chief may suspend, for a period not to exceed 30 days, and
may revoke a pedicab operating permit if the operator:
1. Misrepresents
facts relevant to the fitness of the operator if such misrepresentation
becomes known after a permit has been issued;
2. Violates
the traffic laws of the City, County or State;
3. Is
convicted for misdemeanor reckless driving;
4. Operates
a pedicab known to the operator not to be in good order and repair;
5. Knowingly
falsifies material and relevant facts on an application for a pedicab
operating permit;
6. Is
convicted or pleads nolo contendere to the violation of any law involving
alcohol;
7. Is
convicted or pleads nolo contendere to the violation of any law involving
moral turpitude;
8. Operates
any vehicle in a manner which constitutes a misdemeanor under the
laws of the State of California; or
9. Repeatedly
fails to comply with the applicable provisions of this chapter or
the rules and regulations prescribed by the Police Chief.
B. The
Police Chief shall immediately suspend, for a period not to exceed
30 days, and may revoke a pedicab operating permit of any operator
upon the receipt of information reasonably sufficient and reliable
to establish that the operator has committed a violation of law involving:
3. Soliciting
for prostitution;
5. Has
had a license to drive issued by the State of California either suspended
or revoked by the State.
C. The
Police Chief shall immediately revoke the pedicab operating permit
if that operator has been found guilty by final judgment of a court
of competent jurisdiction of a violation of the law involving:
3. Soliciting
for prostitution; or
D. Upon
suspension or revocation, the operator shall immediately surrender
the pedicab operating permit to the Police Chief. In the event of
suspension, the Police Chief shall return the pedicab operating permit
to its operator immediately after termination of the suspension period.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. The
City shall issue an identification badge to an individual after that
individual has been issued a pedicab operating permit.
B. While
the pedicab is in operation, the pedicab operator shall wear the identification
badge at all times on his or her person, in a manner clearly visible
to the public.
C. It is
unlawful for a pedicab operator to fail to wear an identification
badge, in a manner clearly visible to the public, while operating
a pedicab.
D. Identification
badges are the property of the City and are not transferable to any
other operator. In the event that an operator's pedicab operating
permit is suspended or revoked, the operator shall also immediately
surrender the identification badge to the Police Chief. In the event
of a suspension, the Police Chief shall return the identification
badge to its holder immediately after termination of the suspension
period.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. It is
unlawful for any owner to lease, rent, or allow a pedicab to be operated
for hire within the City without first having obtained a decal issued
pursuant to this chapter. The decal shall be affixed to the pedicab
on the rear or back side of the pedicab in a manner clearly visible
to the public.
B. It is
unlawful for any person to operate a pedicab that does not have a
valid decal affixed to it.
C. Decals
are the property of the City and are not transferable to any other
pedicab.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. Before
allowing a pedicab to be operated for hire, an owner shall obtain
a pedicab decal.
B. The
pedicab decal application form shall be prescribed by the Police Chief.
C. The
applicant shall provide the following information to complete the
application:
1. The
full name and address of the applicant;
2. The
name and address of all legal and registered owners of the pedicab;
3. A
description of the pedicab, including trade name, if any, serial number
or owner identification number, and body style;
4. Seating
capacity of the pedicab;
5. Route(s)
or area(s) over which the applicant proposes to operate the pedicab;
and
6. Proof of insurance in accordance with Section
5.90.250 of this chapter.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
Pedicab decals will be issued only when a pedicab meets all
of the following requirements:
A. A battery-operated
headlight capable of projecting a beam of white light for a distance
of 300 feet shall be permanently affixed to the pedicab;
B. Battery-operated
taillights shall be permanently affixed on the right and the 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;
C. Side-mounted
rearview mirrors affixed to the right and left side of the pedicab
so located as to reflect to the driver a view of the street for a
distance of at least 200 feet to the rear of the pedicab;
D. Seat
belts for each available passenger seat; and
E. Those
requirements related to bicycles as set forth in California Vehicle
Code Section 21201.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
The City shall charge a nonrefundable fee to recover the cost
of activities associated with the administration, regulation, and
issuance of pedicab decals.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
Pedicab decals shall be valid for a period of three years from
date of issuance.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011; Ord.
2022-11-01-1201 C.S. § 1)
Pedicab decals shall be renewable upon filing of a new application
and payment of a pedicab decal fee.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011; Ord.
2022-11-01-1201 C.S. § 1)
The City may deny issuance of a pedicab decal if the Police
Chief determines that the pedicab does not meet the requirements of
this chapter or applicable State law.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. Decals
may be suspended by the Police Chief for a period of one to 30 days
or revoked at any time if the owner:
1. Fails
to comply with the applicable provisions of this chapter;
2. Fails to maintain insurance as required by Section
5.90.250;
3. Fails
to notify the Police Chief 30 days prior to the effective date of
liability insurance cancellation or change of insurer;
4. Fails
to maintain pedicabs in good order and repair as prescribed herein;
5. Provides
false statements on an application for a decal;
6. Fails
to pay any fees or damages lawfully assessed upon the ownership or
operation of any pedicab licensed under this chapter; or
7. Violates
any of the provisions of this chapter or any applicable City, State,
or Federal laws, rules, or regulations.
B. Decals
which have been suspended shall forthwith be surrendered to the Police
Chief for a period covering the term of suspension. The Police Chief
shall return the decal to its holder immediately after termination
of the suspension period.
C. Decals
which have been revoked shall forthwith be surrendered to the Police
Chief by the holder thereof.
D. The
Police Chief shall notify in writing and by certified mail any decal
holder whose permit has been suspended or revoked. Such notice shall
state any and all reasons for such action as well as all laws or regulations
violated by the decal holder.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
Pedicab owners and operators are subject to all applicable City,
County, State, and Federal laws, rules, and regulations.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
Each holder of a pedicab decal and pedicab operating permit
involved in any accident resulting in property damage or personal
injury of any kind, shall within 48 hours thereof give written report
thereof to the Police Chief. A copy of a report required under State
law shall be deemed sufficient for such purposes; otherwise, such
report shall contain all information required with respect to reports
otherwise required under State law.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
It is unlawful for any individual under the age of 18 to operate
a pedicab.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. It is
unlawful for any individual without a motor vehicle driver's license
issued by the State of California to operate any pedicab within the
City.
B. While
the pedicab is in operation, the pedicab operator shall have his or
her valid driver's license on his or her person at all times.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
It is unlawful for a person to operate a pedicab without first
obtaining a business license from the City.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
It is unlawful for any person to operate, or cause to be operated, a pedicab which fails to meet the equipment requirements of Section
5.90.130 of this chapter.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
In order to ensure the safety of the public, it is unlawful
for any person who owns a pedicab to allow it to be operated or driven
or to obtain a permit for its operation under this chapter unless
and until said person has complied with the provisions of this section.
A. The
owner or operator of any pedicab operated under this chapter shall
maintain, at no cost to the City, a commercial general liability insurance
policy insuring the public against any loss or damage that may result
to any person or property from the operation of the pedicab, and which
satisfies the following:
1. Coverage
shall be at least as broad as ISO CGL Form 00 01 on an occurrence
basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than
one million dollars ($1,000,000.00) per occurrence;
2. The
policy of insurance is endorsed to provide a hold harmless clause
in favor of the City;
3. The
policy provides that 30 days' notice of cancellation of insurance
be sent to the Police Chief; and
4. A
certificate evidencing insurance shall be filed with the Police Chief
and the risk manager for the City, and must name the City, its officers,
agents and employees as additional insureds.
B. The
insurance required under this section shall remain in full force,
at a level at least equal to the minimum requirements set forth above,
or the pedicab decal will be subject to revocation or suspension pursuant
to this chapter.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011; Ord.
2022-11-01-1201 C.S. § 1)
A. Every
pedicab shall have permanently affixed to the outside thereof, in
a place readily to be seen by passengers, a frame covered with clear
plastic, or similar material, enclosing a card upon which shall be
printed in plain, legible letters the schedule of rates authorized
for carriage in such pedicab.
B. It is
unlawful for an operator to deceive any passenger who rides in the
vehicle, or who expresses a desire to ride in such vehicle, as to
that passenger's destination or the rate to be charged.
C. It is
unlawful for any operator to demand from a passenger a fare greater
than the fare contained in the posted fare schedule.
D. Subsection
C does not apply to fares for special tours, provided that the fare for the special tour is agreed upon between the passenger and the operator prior to the beginning of the tour.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. The
Police Chief shall notify the applicant that the issuance of his or
her pedicab operating permit or decal has been denied. The Police
Chief shall also notify the applicant of the right to appeal the denial
to the City Manager. Any written appeal shall be filed with the Police
Chief within 10 calendar days after service of notice of denial. Service
shall be by regular postal service or personal delivery. The applicant
shall set forth in the appeal the reason why the denial is not proper.
B. If no
appeal is filed within the time allowed, the decision of the Police
Chief to not issue the pedicab operating permit or decal shall be
considered final.
C. The
City manager shall direct an appeal to be heard within 15 days after
a notice of appeal is filed with the Police Chief as required by this
section.
D. A denial shall remain in effect until a duly filed appeal is heard by a hearing officer under the procedures set forth in Section
5.90.290.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. The
Police Chief shall notify the pedicab operator or owner that his or
her pedicab operating permit or decal has been suspended or revoked.
The Police Chief shall also notify the pedicab owner or operator of
the right to appeal the suspension or revocation to the City Manager.
Any written appeal shall be filed within 10 calendar days after service
of notice of suspension or revocation. The pedicab operator or owner
shall set forth in the appeal the reason why the suspension or revocation
is not proper.
B. If no
appeal is filed within the time allowed, the pedicab operating permit
or decal shall be considered suspended or revoked and the pedicab
operator or owner shall immediately surrender the pedicab operating
permit or decal to the Police Chief in the manner prescribed by the
Police Chief.
C. Once a timely appeal is filed, the suspension or revocation of the operating permit or decal shall be stayed pending the final determination by the hearing officer as set forth in Section
5.90.290.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. If an
applicant served with a notice of denial, suspension, or revocation
chooses to appeal, he or she shall file an appeal within 10 calendar
days from the service of the notice from the Police Chief.
B. Appeals
to the City Manager.
1. Any
decision of the Police Chief which is a denial to issue or a suspension
or revocation of any pedicab operating permit or decal shall not become
final until 15 days after the date of transmittal of the written notice
to the person affected by such decision, during which period the party
to the action may appeal the decision in the manner provided herein
at any time prior to the expiration date of the 15-day period. If
no appeal is taken before the expiration of the 15-day period, the
decision of the Police Chief shall be final.
2. The
appeal of any decision shall be in writing signed by the party to
the action briefly setting forth the reasons why such decision is
not proper, stating an address at which the appellant will receive
notices and filed with the Police Chief.
3. The
Police Chief shall upon receipt of the appeal set the matter for hearing
before a hearing officer. The hearing officer shall be an attorney
or recognized mediator designated by the City Attorney. The hearing
shall be scheduled for not more than 30 calendar days after receipt
of the appeal unless a longer time is requested or consented to by
the appellant.
4. The
hearing shall not be conducted under the formal rules of evidence,
but shall be subject to such standards of procedure and evidence as
reasonable people would utilize in the conduct of serious business.
5. The
appellant (or a representative) shall have the right to present his
or her case in person.
6. The hearing officer shall consider the case record as well as any statements offered by interested parties. The hearing will be conducted according to administrative rules relating to evidence and witnesses as set forth in Chapter
1.44 of this code.
7. If
the hearing officer refuses to issue or restore a pedicab operating
permit or decal, the party to the action, or such party's agent, shall
not file a new application within 365 days from the date of final
action by the hearing officer.
8. If
the hearing officer suspends a pedicab operating permit or decal,
the Police Chief shall determine a period of suspension of not more
than 30 days.
9. If
the hearing officer's action is to grant or restore a decal or permit,
the hearing officer shall direct the Police Chief to issue or restore
the certificate or license.
C. Any
party dissatisfied with the decision of the hearing officer may carry
the matter forward under the provisions for administrative mandamus
(
Code of Civil Procedure Section 1094.5) as it now exists or may later
be amended.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
The City is authorized to administer and enforce the provisions
of this chapter. The City may exercise any enforcement powers as provided
in this code.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
Any person violating the provisions of this chapter is guilty of an infraction, unless otherwise noted, punishable on conviction as set forth in Chapter
1.08 of this code. The City Attorney may also seek injunctive relief and civil penalties in the Superior Court for violations of the provisions of this chapter.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
Violations of this chapter shall be treated as strict liability
offenses.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A decal holder shall, and by acceptance of the decal does, agree
to hereby indemnify and hold the City of Stockton, its officers, employees
and agents from any and all damages, claims, liabilities, costs, suits,
or other expense resulting from and arising out of said decal holder's
operations.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)
A. Any
pedicab permitted by the City as a pedicab shall be operated according
to the pedicab provisions of this chapter and the applicable provisions
of the California
Vehicle Code governing the operation of bicycles.
B. Each
operator shall carry in the vehicle a current map of the City. Upon
request, the operator shall make the map available to the passenger.
C. Every
pedicab while in operation for the solicitation or transportation
of passengers shall be attended by the operator at all times except
when such operator is actually engaged in loading or unloading the
vehicle, or in answering telephones in connection with the business.
D. An operator
shall not leave the pedicab operating permit in an unattended or unsecured
pedicab.
E. No owner
or operator of a pedicab shall knowingly permit such pedicab to be
used for unlawful purposes or knowingly to transport persons therein
to places for such purposes. Violation of this provision is a misdemeanor
under this chapter.
F. Every
pedicab operating under this chapter must be inspected by the Police
Department for the City at such intervals as may be established by
the Chief of Police, to insure the continued maintenance of safe operating
conditions.
G. Every
person owning or operating, or causing to be operated, any pedicab
under this chapter must thoroughly wash each pedicab, when so operated,
at least once a week, and shall also sweep and clean each of said
pedicabs daily.
H. It is
unlawful for any person operating, or causing to be operated, any
pedicab to permit the same to remain standing upon the street for
the purpose of loading or unloading passengers unless the side of
the pedicab is within a legal parking stall or other designated loading
zone.
(Ord. 012-11 C.S. § 1,
eff. 11-17-2011)