The city council recognizes that the variety of entertainment activities in the city provide a rich and diverse social and cultural experience for residents and visitors of the city alike. The council also recognizes that pedicabs and bikebuses offer residents and visitors a new and active way to experience the city, travel to special events and explore different destinations and entertainment venues within the community.
State Vehicle Code amendments establishing definitions and regulations for operation of pedicabs and pedal powered devices used for transporting passengers for hire, as set forth in Vehicle Code Section 21215 et seq., also authorize local governments to impose more stringent operating and equipment requirements than those set forth in state law. Accordingly, the purpose of this article is to impose reasonable permitting requirements on local bikebus pedicab operators to protect the general safety and welfare of passengers using pedicabs for hire and pedestrians and motorists within the city.
(Ord. 2507 § 2, 2017)
The following words and phrases shall have the following meanings when used in this article:
Alcoholic beverage
has the same meaning as defined in California Business and Professions Code Section 23004.
Bikebus pedicab
means a four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of fifteen miles per hour, and is being used for transporting passengers for hire. A bikebus pedicab shall also be subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11 of the California Vehicle Code, as may be amended from time to time.
Bikebus pedicab driver or driver
means an individual who drives or operates a bikebus pedicab within the city, whether as an owner, an employee of the owner, or as an independent contractor.
Bikebus pedicab owner or owner
means any person who owns, leases, or possesses a bikebus pedicab(s).
Bikebus pedicab permit
means the numbered permit issued by the city for display on a pedicab to indicate that the pedicab is permitted to operate within the city.
Driver permit
means a written permit issued by the city authorizing a person to drive or operate a bikebus pedicab within the city.
Operates within the city
means the soliciting, accepting, picking-up, or embarking within the city of a passenger for transportation to any point within or outside the city for any form of consideration.
Police chief
includes the police chief of the City of Davis and designee.
(Ord. 2507 § 2, 2017)
(a) 
Bikebus pedicabs are authorized to operate within the city, subject to the rules and regulations set forth herein and all applicable state laws and regulations.
(b) 
Notwithstanding subdivision (a) above, the operation of bikebus pedicabs in the city shall be restricted to no more than two total bikebus pedicab owners at any given time, until one year from the date the first bikebus pedicab permit is issued.
(c) 
Applications during this period shall be accepted on a first-come, first-served basis. During this pilot period, the police chief shall study the adequacy of the requirements and regulations established pursuant to this article, including consideration of the following:
(1) 
Whether the operational and permitting requirements are adequate to protect the general public health, safety and welfare, including safety of passengers and drivers of bikebus pedicabs; and
(2) 
Whether authorizing additional bikebus pedicab owners would be detrimental to the public health, safety, or welfare.
(d) 
Prior to the conclusion of the pilot period one year from the date the first bikebus pedicab permit is issued the police chief shall report his findings to the city council.
(e) 
After the conclusion of the pilot period one year from the date the first bikebus pedicab permit is issued the police chief may, in his or her sole discretion, issue additional bikebus pedicab owner permits. The police chief may decline to accept bikebus pedicab owner permit applications, if in his or her discretion it is determined that there is an over-concentration of bikebus pedicab owners in the city, or that additional bikebus pedicab owner permits would be detrimental to the public health, safety and welfare.
(Ord. 2507 § 2, 2017)
In addition to any other applicable state laws and regulations, the operation of bikebus pedicabs in the city are subject to the following requirements:
(a) 
Every bikebus pedicab operating within the city must first obtain a bikebus pedicab permit. No person shall drive or operate a bikebus pedicab within the city without having a valid bikebus pedicab driver permit.
(b) 
A driver shall have his or her current valid motor vehicle driver's license issued by the state of California on his or her person at all times while driving or operating a bikebus pedicab.
(c) 
Driver permits and bikebus pedicab permits are the property of the city and are not transferable to any other person.
(d) 
Alcoholic beverages are prohibited on bikebus pedicabs, regardless of whether the bikebus pedicab is in motion, stopped, or parked.
(e) 
No bikebus pedicab shall be operated in weather conditions that pose an unreasonable safety risk to the drivers or passengers of the pedicab, or to other motorists or pedestrians.
(f) 
No owner or driver of a bikebus pedicab shall knowingly permit such bikebus pedicab to be used for unlawful purposes or knowingly transport persons for such purposes.
(g) 
All permitted bikebus pedicabs shall be maintained in working order and good repair.
(h) 
For the purpose of immediately loading or unloading passengers, a bikebus pedicab may remain standing upon a street if the bikebus pedicab is in any legal parking stall, designated loading zone, or any other location that does not impede pedestrian or vehicular traffic, including bike lanes and bicycle paths. Otherwise, a bikebus pedicab driver must comply with on-street parking regulations regarding loading zones, fire zones, space designated for carriages, taxis, busses, the disabled, and metered parking spaces. The police chief may set forth specific additional locations where bikebus pedicabs are allowed to park or stand.
(i) 
No bikebus pedicab driver shall leave a bikebus pedicab unattended, while in operation for the solicitation or transportation of passengers, for a period of more than fifteen minutes at a time unless parked in one of those specific locations identified by the police chief.
(Ord. 2507 § 2, 2017)
(a) 
The pedicab driver permit application form shall be in a form prescribed by the police chief.
(b) 
An application for a driver permit shall include, at a minimum, the following information:
(1) 
The applicant's full name;
(2) 
The applicant's business and residence addresses and phone numbers;
(3) 
The name(s) of the business or company, if any, for which the driver works as a pedicab driver;
(4) 
The applicant's date of birth;
(5) 
Identification in the form of a current and valid motor vehicle driver's license issued by the state of California;
(6) 
Such other information and material as the police chief may require to evaluate the fitness of the applicant to drive or operate a bikebus pedicab.
(c) 
Each applicant must sign the application, which shall contain a warning that the application may be denied or the permit suspended, modified, or revoked if the applicant misrepresents facts relevant to the fitness of the applicant to be granted a pedicab driver permit.
(d) 
A driver shall report to the police chief a change in any of the information provided on the driver permit application within three business days of the change, including, but not limited to, any change in the status of his or her driver's license to the city.
(Ord. 2507 § 2, 2017)
(a) 
Every permitted driver operating a bikebus pedicab must comply with this article and the conditions and contents of his or her driver permit, which shall include, but is not limited to:
(1) 
A driver shall have his or her current valid motor vehicle driver's license issued by the state of California on his or her person at all times while driving or operating a bikebus pedicab.
(2) 
Driver permits are the property of the city and are not transferable to any other person.
(3) 
A driver shall not consume or allow to be consumed any alcoholic beverages on a bikebus pedicab, regardless of whether the bikebus pedicab is in motion, parked, or stalled.
(4) 
Any other reasonable operating conditions which may be imposed by the police chief, including designated or prohibited bikebus pedicab routes or streets and hours of operation.
(b) 
Driver permits are valid for a period of one year. A driver permit may be renewed for an additional one-year period, only upon successful submission of a new application for a driver permit.
(Ord. 2507 § 2, 2017)
(a) 
No bikebus pedicab owner shall lease, rent, or allow a bikebus pedicab to be driven or operated for hire within the city without obtaining a valid bikebus pedicab permit. If an owner will have more than one bikebus pedicab operating in the city, each bikebus pedicab must obtain a valid bikebus pedicab permit.
(b) 
The bikebus pedicab permit shall be permanently affixed in a conspicuous and visible location within the pedicab.
(c) 
Bikebus pedicab permits are the property of the city and are not transferable to any other bikebus pedicab.
(d) 
Bikebus pedicab permits are valid for a period of one year. A bikebus pedicab permit may be renewed for an additional one-year period, only upon successful completion of an inspection pursuant to the provisions of Section 22.17.090.
(Ord. 2507 § 2, 2017)
(a) 
The bikebus pedicab permit application form shall be in a form prescribed by the police chief.
(b) 
An application for a bikebus pedicab permit shall include, at a minimum, the following information:
(1) 
The bikebus pedicab owner's full name;
(2) 
The owner's business and residence addresses and phone numbers;
(3) 
A description of the bikebus pedicab, including trade name, if any, serial number or owner identification number, body style, and color scheme;
(4) 
Seating capacity of the pedicab;
(5) 
Proof of insurance in a form acceptable to the city and in accordance with the requirements of Vehicle Code Section 21215, unless the police chief determines additional proof of financial responsibility is required; and
(6) 
Such other information and material as the police chief may require to evaluate the fitness of the bikebus pedicab for safe operation in the city.
(c) 
Each owner of the bikebus pedicab must sign the application, which shall contain a warning that the application may be denied or the permit suspended, modified, or revoked if the owner misrepresents facts relevant to the fitness of the bikebus pedicab to safely operate in the city.
(Ord. 2507 § 2, 2017)
(a) 
A bikebus pedicab permit will be issued only after the bikebus pedicab has been inspected by the city. Inspections shall include inspection of such things as seatbelts, seat backs, brakes, reflectors, lights, and grab rails, as may be applicable in the discretion of the police chief.
(b) 
The police chief is authorized to develop and implement additional regulations and policies regarding the appropriate operational and equipment requirements for bikebus pedicabs, in accordance with Vehicle Code Section 21215 et seq.
(Ord. 2507 § 2, 2017)
(a) 
The city shall charge a nonrefundable fee for each driver permit and bikebus pedicab permit application and renewal, in an amount established by city council resolution, to recover the cost of the administration, regulation, and issuance of driver and bikebus pedicab permits.
(b) 
The city shall charge to each bikebus pedicab owner a nonrefundable inspection fee, in an amount established by resolution of city council, to recover the cost of inspecting each bikebus pedicab.
(Ord. 2507 § 2, 2017)
(a) 
A bikebus pedicab driver shall immediately report to the owner of the bikebus pedicab any accident or collision in which he or she is involved while operating a bikebus pedicab, which results in property damage or personal injury of any kind.
(b) 
A bikebus pedicab owner whose bikebus pedicab is involved in any accident or collision resulting in property damage or personal injury of any kind shall within forty-eight hours of being informed of the accident or collision give a written report thereof to the police chief.
(Ord. 2507 § 2, 2017)
The police chief may deny issuance of a bikebus pedicab driver permit or bikebus pedicab permit if an applicant for such permit:
(a) 
Fails to comply with the requirements of this article;
(b) 
Misrepresents facts relevant to the fitness of the applicant;
(c) 
Is currently required to register pursuant to California Penal Code Section 290;
(d) 
Has been convicted of a crime involving moral turpitude; or
(e) 
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 permit.
(Ord. 2507 § 2, 2017)
The police chief may suspend, modify or revoke a bikebus pedicab driver permit or bikebus pedicab permit if the holder of the permit:
(a) 
Fails to comply with the requirements of this article;
(b) 
Misrepresents facts relevant to the fitness of the bikebus pedicab owner, driver, or bikebus pedicab, as may be relevant, if such misrepresentation becomes known after a permit has been issued;
(c) 
Violates the traffic laws of the city, county or state;
(d) 
Fails to operate and maintain bikebus pedicabs in good order and repair;
(e) 
Fails to pay any fines, penalties, fees or damages lawfully assessed upon the owner or driver of a bikebus pedicab; or
(f) 
Fails to comply with the rules and regulations prescribed by the police chief, including any equipment or operational conditions imposed upon the granting of a permit.
(Ord. 2507 § 2, 2017)
(a) 
Appeal to city manager or designee.
(1) 
Any applicant or permittee who desires to appeal a decision of the police chief as specified in Section 22.17.150, may appeal the decision by submitting a written appeal to the city manager within ten calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:
(A) 
A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;
(B) 
A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;
(C) 
The signatures of all parties named as appellants and their official mailing addresses; and
(D) 
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(2) 
Upon receipt of a timely filed appeal, the city manager may hire or appoint a hearing officer or may serve as the hearing officer.
(3) 
Upon receipt of any appeal filed pursuant to this section, the hearing officer shall calendar it for hearing within fifteen calendar days.
(4) 
Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each named appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal.
(5) 
Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.
(6) 
Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.
(7) 
In the case of a suspension, modification, or revocation of a permit or permit renewal, the permittee may continue to conduct bikebus pedicab operations (as driver or owner, as applicable) during the pendency of any appeal.
(b) 
Hearings—Generally.
(1) 
At the time set for hearing, the hearing officer shall proceed to hear the testimony of the police chief, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.
(2) 
The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.
(3) 
The hearing officer may, upon request of the appellant or upon request of the city, grant continuances from time to time for good cause shown, or upon his or her own motion.
(4) 
In any proceedings under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.
(c) 
Conduct of hearing.
(1) 
Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(2) 
Oral evidence shall be taken only upon oath or affirmation.
(3) 
Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.
(4) 
The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
(5) 
Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.
(6) 
Each party shall have these rights, among others:
(A) 
To call and examine witnesses on any matter relevant to the issues of the hearing;
(B) 
To introduce documentary and physical evidence;
(C) 
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(D) 
To impeach any witness regardless of which party first called the witness to testify;
(E) 
To rebut the evidence presented against the party; and
(F) 
To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.
(7) 
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.
(d) 
Form and contents of decision—Finality of decision.
(1) 
If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing officer shall affirm the police chief's decision to deny, suspend, modify, revoke or condition the permit. Following the hearing and after reviewing the testimony and evidence presented at the hearing, the city manager shall issue a decision, or if the city manager appointed a hearing officer, the hearing officer shall issue a recommendation to the city manager, regarding the propriety of the police chief's determination. The decision or recommendation shall be in writing and shall contain findings of fact and a determination of the issues presented. The city manager shall accept, amend and accept, or reject a hearing officer's recommendation.
(2) 
The city manager's determination of the appeal shall be final.
(3) 
The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within ten business days following the conclusion of the hearing.
(4) 
The decision shall be final when signed by the city manager and served as provided in this section.
(Ord. 2507 § 2, 2017)
(a) 
In addition to any other remedy allowed by law, any person who violates a provision of this article is subject to criminal sanctions, civil actions, and administrative citations pursuant to Article 1.02.
(b) 
Any person who violates a provision of this chapter is guilty of an infraction, punishable by a fine in accordance with Section 36900 of the California Government Code.
(c) 
All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions of this article.
(Ord. 2507 § 2, 2017)