Loading...
HomeMy WebLinkAboutAgenda Report - September 21, 2016 I-02AGENDA ITEM T'2 CITY OF LODI COUNCIL COMMUNICATION • TM AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 5 — Permits and Regulations — by Repealing and Reenacting Chapter 5.24 "Taxicab Transportation Service" and Chapter 5.25 "Pedicabs" in their Entirety to Update, Standardize and Clarify Appeal Procedures, Renewal Procedures and Requirements, Insurance Requirements, Health and Safety Requirements, and Definitions MEETING DATE: PREPARED BY: September 21, 2016 City Attorney RECOMMENDED ACTION: Introduce ordinance amending Lodi Municipal Code Chapters 5.24 and 5.25 by repealing and reenacting Chapters 5.24 "Taxicab Transportation Service" and Chapter 5.25 "Pedicabs" in their entirety, to update, enhance, standardize and clarify appeal procedures, renewal procedures and requirements, insurance requirements, health and safety standards, and definitions. BACKGROUND INFORMATION: California Government Code Section 53075.5 requires cities to regulate taxicab transportation services and adopt certain minimum licensing standards.' The City has regulated taxicab activities by ordinance since as early as 1940 and the existing ordinance, Chapter 5.24 was last updated in 1996. The existing pedicab ordinance Chapter 5.25 was enacted in 2006. In drafting the proposed ordinance changes, staff reviewed taxicab ordinances from other cities, consulted with the City Clerk, Police Department, Risk Manager, and Deputy City Manager. Staff found that the proposed changes are necessary to update, enhance, clarify, and standardize the regulations and procedures of the taxicab and pedicab ordinances. In addition, the proposed amendments make minor ministerial revisions and correct grammatical errors. Proposed amendments to Chapters 5.24 and 5.25 of the Lodi Municipal Code were presented to the City Council at its meeting on April 6, 2016. However, concerns were raised that the proposed requirements that the Police Department conduct annual inspections of taxicabs and pedicabs would create an undue burden on Police Department staffing. As a result, after conferring with the Police Department, the newly proposed amendments were changed to require the permit holder to provide a statement by a licensed mechanic certifying that a licensed taxicab complies with the health and safety requirements defined in the ordinance and to provide the Police Department with the discretionary authority to inspect taxicabs and pedicabs. Therefore, the permittee, rather than the Police Department, would be obligated to ensure that taxicabs and pedicabs are inspected and the Police Department would have the ability to conduct inspections if needed. ' "...every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county." Government Code §53075.5(a). For the reasons set forth hereunder, staff recommends adopting the changes to Chapter 5.24 "Taxicab Transportation Service" and Chapter 5.25 "Pedicabs" of the Lodi Municipal Code (LMC) as shown in the revised ordinances attached as Exhibit A (Chapter 5.24 "Taxicab Transportation Service) and Exhibit B (Chapter 5.25 "Pedicabs"). LMC Chapter 5.24 — "Taxicab Transportation Service" First, the existing taxicab ordinance lacks a clearly defined process to allow applicants or licensees to appeal City licensing or suspension decisions. To address this deficiency, the proposed amended ordinance adopts an appeal process similar to that set forth in the existing pedicab ordinance (LMC Chapter 5.25). Next, the existing license renewal procedures and requirements lack clarity and could create confusion for the public. The proposed amendments address this issue by providing clearly defined license renewal procedures and requirements for applicants. In addition, the existing definitions do not adequately address recent trends in transportation services or expressly exempt activities that have been preempted by state law. As a result, the existing taxicab ordinance creates uncertainty for City staff and the public. The proposed amendments to the definition section of the ordinance seeks to address frequent questions raised by the public and staff regarding the types of transportation activities required to be licensed under the LMC. The definitional changes account for modern trends in transportation services and exclude activities preempted by state regulation. Transportation services that are excluded from local licensing and regulation under the proposed ordinance include services such as limousines, shuttle and tour bus operations, and transportation network companies such as Uber and Lyft. The proposed definition section retains the requirement that licensed taxicabs have an appearance of a traditional taxicab and operate on a fare basis, thereby excluding fixed-rate medical transportation services which are likely to become more prevalent as the population ages. The existing insurance requirements for taxicabs are outdated. The proposed amendments reflect adjustments for inflation and current best practices in the insurance industry. Lastly, the existing ordinance lacks clearly defined health, safety, and inspection standards. To address these deficiencies, the revised ordinance will require each taxicab to be inspected by a licensed mechanic to insure that taxicabs operating within the city are in a safe and clean operating condition prior to licensing and annually for license renewal, and will grant the Lodi Police authority to conduct discretionary inspections as needed. LMC Chapter 5.25 — "Pedicabs" The proposed revisions to the pedicab ordinance (LMC Chapter 5.25) are primarily intended to make the permit renewal period consistent with the taxicab permit renewal period. The existing pedicab ordinance provides for annual renewal of the permit on the date of issuance of the permit whereas the proposed revision would mirror the taxicab ordinance requirement that pedicab permits be renewed in January of each year. FISCAL IMPACT: Not Applicable. FUNDING AVAILABLE: Not applicable. hn P. Fukasawa Deputy City Attorney Exhibit A ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5 "PERMITS AND REGULATIONS" BY REPEALING AND REENACTING CHAPTER 5.24 — "TAXICAB TRANSPORTATION SERVICE" IN ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 5 "Permits and Regulations" is hereby amended by repealing and reenacting Chapter 5.24 "Taxicab Transportation Service" in its entirety, and shall read as follows: CHAPTER 5.24 — TAXICAB TRANSPORTATION SERVICE Sections: Article I. General Provisions 5.24.010 Definitions. 5.24.020 Compliance with Chapter. Article II. Owners 5.24.030 Owner's Permit --Taxicabs. 5.24.040 Owner's Permit --Fee. 5.24.050 Owner's Permit --Expiration. 5.24.060 Owner's Permit --Qualifications. 5.24.070 Owner's Duties. 5.24.080 Insurance and indemnification Requirements. 5.24.090 Owner's Permit—Revocation--Grounds. 5.24.100 Owner's Permit—Revocation—Investigation and Hearing. 5.24.110 Owner's Permit—Transferability Article III. Drivers 5.24.120 Driver's Permit --Required. 5.24.130 Driver's Permit --Fee. 5.24.140 Driver's Permit—Qualifications—Police Chief Approval. 5.24.150 Driver's Duties. 5.24.160 Driver's Drug and Alcohol Testing. 5.24.170 Testing Procedures. 5.24.180 Information Request. .5.24190 Reporting of Subseguent Conviction and Driver's_ License Status. 5.24.200 Revocation or Suscension of Taxicab Driver's Permit. 5.24.21 Q htadng=affiWAa2n ren ion f Taxicab Driver's Permit. 5.24.220 Return of Taxicab Driver's Permit. Article IV. Renewal Procedure 5.24.230 Owner's Permit Renewal. 5.24.240 Driver's Permit Renewal. Article V. Maintenance and Inspection of Taxicabs 5.24.250 Annual Inspection of Taxicabs. 5.24.260 Authority of PoI„ge Damrtment to inspect Taxicabs. 5.24. 7 g Unsafe or Unsuitable Taxicabs. :5.24.280 Things Deemed to Make a Taxicab Unsafe or Unsufable. 5.24.290 Cleaning of Interior. - - 5.24,300 Cle nin of Exterior. 5.24.310 Age of Vehicle. Article Vi. Apoeals 5.24.320 MAN of Appeal from Denial of Issuance or Renewal of Taxicab Owner's Permit or Taxicab Driver's Permit. 5.24.330 Procedure Upon Article I. - General Provisions 5.24.010 - Definitions. The following terms, as used in this chapter, are defined as follows, unless the particular provision or context requires otherwise: A. "Operate within the city" or "operate within the corporate limits of 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. Prepaid round trips which originate outside the city limits shall not constitute a defined operation under this subsection. B. "Taxicab" means every vehicle operated over the public streets of the city, the vehicle being routed under the direction of the passenger and which, in addition to such specifications, is of a distinctive color and appearance such as is commonly used in this state for taxicabs, and is operated at rates per mile, or for waiting time, or both. transRortation, as each is defined in the California Pyblic tfflifies AC k 2ao&anlit services as defined in the California Vehicle. Code; and airport shuttles and wine tour operators orating on a prearranmW contract basis. C. "Owned' means t_- carnoration, business entity, or Person who is registered with_the g�, artment of Motor Vehicles as the owner of the vehicle or who has a legal right to oossesat n of a yehicle pursuant to a lease or rental agreement 5.24.020 - Compliance with chapter. 2 The provisions of this chapter shall be observed by all persons operating taxicabs within the city, and it is unlawful to operate any taxicab in violation of any of such provisions. All applications submitted .pursuant to this chapter shall be on a form prescribed by the city clerk. Article II. – Owners 5.24.030 - Owner's permit—Taxicabs. No individual or company shall operate any taxicab on or over any streets of the city without having first obtained approval from the city clerk. Every vehicle used by an Owner in transportation for compensation shall be licensed. inspected, and insured annually as set forth in this chapter. 5.24.040 - Owner's permit—Fee. The owner or lessee of any taxicab obtaining any permit under this chapter shall pay unto the city clerk a business tax permit fee as prescribed by the city. No permit issued under the provisions of this chapter shall be valid until the city clerk endorses thereon an acknowledgment of the payment of the tax fee for the current year. Such tax fee shall be due and payable to the city clerk on the first day of January of each year and delinquent thirty days thereafter. 5.24.050 - Owner's permit—Expiration. Any permit issued under this chapter shall expire at the end of the calendar year in which it is issued; provided, that the tax fee therefor is paid in accordance with the provisions of this chapter. Unless suspended or revoked, it shall be renewed upon application for renewal within thiFty days, of expiFatiGR as set forth in section 5.24.230. 5.24.060 - Owner's permit—Qualifications. The owner's permit required by this chapter shall be granted in writing by the city clerk, upon a satisfactory showing by the applicant that: A. Applicant has submitted a financial statement which has been reviewed by the finance director. The purpose of this reauirgment is to insure that the applicant or permit holder Makes use of the permit and that the permit is obtained and used by the person or entity identified in Ito Mppliggfign eats Mtbff than an undisclosed third Initial applications shall include: 1. A statement. of -all a$setc liability, and goities of the taxicab business or owner: and 2. A s#atemerrt of the MRcted revenues and edenses of tht taMcalb business operation for the next year. Renewal applications shall include: 1. A statement of all assets, liabilities, and eauities of the taxicab business as of the application rate; 2. A statement of the actual revenues and expenses of the lMggb„business for the Past year: and I A statement of the expected revenues and expenses of the business for the next year. B. Applicant has submitted evidence of insurance coverage as set forth in Section 5.24.080 C. The applicant's vehicle or vehicles are possessed of the following qualifications as determined by the chief of police: 1. The vehicle must meet all requirements of the Vehicle Code of the state in regard to equipment and mechanical condition. Further, it must be maintained in a safe, clean and sanitary condition throughout as _Let forth in Sections 5.24.250 through 5.24.310. 2. The vehicle must bear, visibly painted in a distinctive color, in figures at least three inches high, a number of one or two digits, which number shall not be the number of any other vehicle earlier granted a vehicle permit under this chapter. The number shall be specified in the application and noted on the permit. The vehicle must also bear, visibly painted in a distinctive color, in letters at least one and one- half inches high, the name of the owner or lessee thereof. 3. The vehicle must carry in a conspicuous position within its passenger compartment a clear, intelligible and legible statement of the fares or charges to be made in connection with the use of the vehicle. A copy of such fares and charges shall be filed with the city clerk as well. 4. A taxicab over the entire exterior normally covered with paint must be painted in a distinctive color or system of colors; and the color or system of colors shall be so selected that the vehicle may not reasonably be confused with any ordinary private vehicle. D. The appligool shall pLoA42 annuilily a list and Photggraph, preDired uAer oath of all vehicles to be used in transportation for compensation. andfor which have been used each vehicle by year, make, model, license plate, and vehicle identification number. E. The applicant possesses a current City of Lodi business license and/or home occupation permit as required in section 17.36.060. F. The ap—licant's business acbvfties do not_ violate any land use or zoning IM, including, but not limited to the prohibition of pgrtcinA; sjQring, dispatching or repairing commercial vehicles in @ rgsidenbal zoning district pursuant to sections 17.36.060(8)(2)(c), 17.36.060(B)(2)(i). and 17.36.060MV10). 5.24.070 - Owner's duties. No person owning or leasing a taxicab, shall, while such vehicle owned or leased is being operated, do the following: A. Fail to maintain as to such vehicle the qualifications required for a permit for such vehicle under this chapter; B. Do any act, or employ any person to do any act, which would be forbidden by Section 5.24.150 if done by a person driving or operating a taxicab; 2 C. Rent or lend the vehicle to any person who operates it, or permit any person to operate it, except himself or his duly authorized agent. Prior to vlacina any new or additional vehicle into service, the own2r shall: D. Inform the city clerk in writirig of the acquisition or transfer ofPe vehicle into taxicab operations; E. Provide the date upon which such vehicle will be put into service: F. Provide all information required under Section 5.24.060(D). G. Provide proof of ins esti n SsL E2gulred in Sections 5.24.250• H. Provide proof of insurance as required in Section 5.24.080: and I. Provide any other information regu®sted by the city clerk related to such vehicle, its ownership, or use in the owner's business operations. 5.24.080 - Insurance and indemnification requirements. In order to ensure th2 safety of the public. it is unlawful for any person who owns a taxicab Jo allow it to be operated or driven or to obtain a permit for _Its . - -- on_ under -ibis chi r unless and until such Dotson has comDMd with the Drovisions of this section. The owner or lessee of any taxicab must secure We Jbk ability to answer to any claim for damage to person or property which may arise against hWA by reason of the operation of any vehicle as follows: A. Publis General liability insurance in the minimum limits of not less than one hundfed theusand million dollars for injury or death to any person and not tees than two million dollars for injury or death of more than one person in the same accident; B. Automobile insurance in the minimum limits of not less than five hundred thousand dollars; llahllity4 Insurance for property damage in the minimum sum limits of not less than fifty thousand dollars; and C -Q. A certificate evidencing such insurance shall be filed with the city's risk manager and shall name the city, its officers, agents and employees as additional insureds. Any or- on or e0W issued a permit pursuant ty this Chapter shall,_ and by acceotanve of the permit does, to the maximum extent permitted by law.. agree to indemnify and hold harmless the city of Lodi, its officers, employees and agents from any and all damages, claims, liabilities, costs, sults. or other ex2ense resulting from and arising out of the permit holder's operations, 5.24.090 - Owner's permit—Revocation—Grounds. The owner's permit required by this chapter may be revoked or suspended ifit p8SF6 V%# any one or more of the following conditions exist: A. That aRy0f the qualifications required for the granting of the owner's permit are no longer met by the permittee or his the permittee's vehicle or vehicles; B. T�'Tr t-t—The permittee has been convicted of any violation of restrictions imposed upon him the permittee as owner or lessee under this chapter, or that the permittee has become bankrupt; C.' The permittee has failed to maintain his/her vehicle or vehicles as required in 5.24.250 to 5.24.310; or D. Piat-The permittee is in violation of any of the provisions of this chapter. 5.24. 100 - Owner's permit—Revocation—Investigation and Headnb. For the purpose of ascertaining whether any cause exists for the suspension or revocation of an owner's permit under this chapter, the chief of police may, and on direction of the city council or upon complaint shall, cause strict inquiry to be made into the conduct of the permittee, the sufficiency and validity of his the Permittee's security, and the conditions of fiis the permittee's vehicle or vehicles. An owner's permit may be revoked for any cause which would have warranted denial thereof in the first instance. for a failure to comply with any of the provisions cf this chapter., a failure to comply with any conditions imposed upon the owner's permit or when taxicab business o ra io„j3s have ceased for 10 consecutive days. If an owner's permft is granted jnd.operation of the service for which the permit is granWd does not commence within four months of the date of the approval thereof, the permit shall be automatically null and void. A revocation may be appealed through the Procedure set forth in 5.24.320. if the owner's perm4 is _revoked, the holder of the permit shall not reapply for six months from the date of revocation. 5.24.110 - Owner's permit—Transferability. Any owner's permit issued under the provisions of this chapter may be sold, assigned, leased, transferred or inherited as other property only upon written authorization of the city clerk. In the event a permit is transferred, the transferee must sa4* all requirements of this Chapter prior to engagina in taxicab business. Article III. – Drivers 5.24.120 - Driver's permit—Required. No person shall drive or operate any taxicab within the city unless he he/she holds a permit, to be known as a driver's permit, therefor, as provided in this chapter, and no person shall drive or operate a taxicab within the corporate limits of the city under or by virtue of any driver's permit which has been suspended or revoked as provided in this chapter. 5.24.130 - Driver's permit—Fee. Every driver under this chapter shall pay unto the city clerk an annual license fee in the sum prescribed by sitar resolution of the City Council, as amended from time to time. Fm�0 6 Qwner-drivers who nav the owner's permit fee shall have the driver's Permit fee be waived. The fee shall be due and payable the first day of January of each year and shall be delinquent thirty days thereafter. 5.24.140 - Driver's permit—Qualifications—Police chief approval. A. A driver's permit or renewal thereof shall be issued to each applicant complying with the provisions of this chapter; such permit shall be issued by the city clerk pursuant to a finding by the chief of police that the applicant for a permit or for renewal is a person of good character, and one who will not endanger the public interests and safety. Applicants shall be subject to a criminal background check prior to the issuance of a driver's permit. Thereafter a licensee shall be subject to a criminal background check upon request of the chief of police or designee. B. A persen An applicant or licensee who, within the past ten years, has been convicted of any of the below -listed offenses is not eligible to be granted or hold a driver's permit: 1. A felony, or of any crime under the laws of this state that would amount to a felony; 2. Any crime in this state or elsewhere in which fraud or intent to defraud was an element; 3. Unlawfully possessing or distributing controlled substances as defined in the laws of the state or elsewhere; 4. Any sex offense or crime involving moral turpitude; or 5. Driving while under the influence of alcohol or drugs. C. The applicant must hold a valid and appropriate driver's license issued by the Department of Motor Vehicles of the state, under the Vehicle Code of the state. D. The applicant, or licensee upon_ request, must be fingerprinted by the Lodi police department. E. Any person having been denied a driver's permit may appeal such decision as set forth in section 5.24.320 saftty, morals, good Gr49F and general %me -um of the inhabitants of the rAy and UPGA F,, Drivers onerating as an independent contractor shall submit proof of a current city of Lodi business license andlor home occupation permit as required in section 17.36.060 and ensure that their business activities do not violate any land use or zoning laws; G. _It sh II be sufficient grounds to deny or revoke a driver's permit if any person fails tv disclose anv relevant information. or provides false or misleading information pursuant to this Section. 5.24.150 - Driver's duties. No person driving or operating a taxicab shall, while operating such vehicle, do the following: A. Fail to maintain the qualifications required for an operator's permit under this chapter; VA B. Refuse without good cause to accept as a passenger any person desiring transportation who shall tender money sufficient to pay 4is the fare to We their stated destination; C. Transport passengers to their stated destination over an unnecessarily circuitous route; D. Refuse to load and unload for any passenger such hand baggage as may not exceed the reasonable internal capacity of the vehicle, and such other baggage as may not reasonably exceed its capacity in trunk or top; or, after being requested, refuse to carry such baggage to or from such buildings as the passenger may enter or leave; E. Make false representations by word, act, conduct or appearance regarding the name or identity of persons owning or leasing the taxicab he operates, or regarding his own identity; or refuse to give his name and the number of his vehicle to any person requesting them; F. Refuse or fail, after being requested, to give a receipt for any fare paid; G. Fail or neglect to report to the police department within twenty-four hours all property left in his vehicle by any passenger:; or I. Charge passengers in excess of the posted rate or fee. 5.24.160 - Driver's drug and alcohol testing. No person shall be issued, ar have_rertewec a driver's permit until they have presented certification to the city clerk that they have tested negative for alcohol (breath alcohol concentration of less than 0.02 percent) and each of the controlled substances specified in Part 40 (commencing with Section 40.1) of the Title 49 of the Code of Federal Regulations. The date of testing shall be within ten days of the date of issuance or renewal of a driver's permit. Test results are confidential and shall not be released without the consent of the applicant, except as authorized or required by law. Cost for such testing is the obligation of the applicant or empleyee employer of the applicant. 5.24.170 - Testing procedures. Applicant shall show a valid California driver's license at the time and place of testing. Testing procedures shall be substantially as set forth in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. The city may at random require a permitted driver to be retested. If such a test is required by city, city shall pay the cost for such testing. 5.24.180 - Information request. Upon the request of a driver applying for a permit, or renewal, the city clerk shall give the applicant a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city clerk knows offers tests in or near the city. 5.24.190 — Reporting of subsequent conviction and driver's license status. 8 Any person issued a taxicab driver's permit who jyb"ggently Is convicted of any felony, or lemeanor offense. or who ceases to possess a valid state of California driver's license of Immediately so Inform the chief of police and his or her empiqla_r. 5.24,210 — Revocation or suspension of taxicab driver's Dertntter A. The chief of polioe may suspend. for a period not to exc 1. Misrepresents facts relevant to thefftness, of the driver if such misretmor4atlon 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. Drives a taxicab known to the overator not to be in good order and repair: 5. Knowingly_falgMes material and relevant facts on an application for a, taxicab permit: 6. is convicted or p eads nolo contendere to the violation of any law involving alcohol,, 7. is convicted or pleads nolo contendere to the v gIgon of any law involvina moral Wipituft 8. Operates any vehicle _in a manner which constitutes a misdemeanor under the laws of the. state of California: or 9. ReRq&dly fails to coMptythe-applicable provisions of this ghWer or the rules and regulations prescribed by the chief of police. B. The_c kf_of pojlo shell immediately suspend, for a period not to exceed thirty days: and rna revoke a'tnlab &bLV I Rtymft of any driver upon the recekd of information _reasonably sufficient and reliable to establish that the driver has committed a violation of law involving: 1. A felony: 2. A sex offense: 3. Soliciting for orostitutiom 4. A narcotics offense: or 5. Has had_g licgnfg $o drive fted by the state of California either suspended or stoked by the State. LM fhlow involving: 1. A felony: 2. A sex offense: 3. Soliciting for prostitution: or 4. A narcotics offense. D. Upon suspension or revocation. the driver shpil„ imMedia#ely surrender the taxicab driver's 22mi ,jgjte cF_iief of police. In the event of suspension. Ehe chief of police shall retum the ta4cob driver's permit to its driver immediately after termination of the suspension ner€od. 5.24.210 - Headna — RevocaVon or suspensi_on_ofta /cab driver's permit. Every taxicab driver whose permit has been suspended or revoked shall have the right to at)pjal such decision as provided in section 5.24.320. 5.24.220 - mum o mob t scab dr€vaes22rmit. th2 Q& mRgI3termim&Ion oent r a termination of revocation. Article IV. — Renewal procedure 5.24.230 — Qwnefs permit renewal. A permit holder must: submit a renewal application along with the following items, and any other information deemed necessa by the city clerk or chief of police, no later than 30 days prior to the end of the calendar year in which the current.pKMft„w was issued: A. Renewal fee, as set forth in section 5.24.040; B. Proof a current city of Lodi business license and/or home occupation permit. as Worth in 12gg fi 5.24.0% C. Financial staaternefrt. as MA forth in section 5.24.060; D. Prov#_of insurance, as not forth in section 5.24.080, E. A_list and pbgiggr-aph. w-eDare under oath—of all vehicles to be used in transportaUon for compensation, and/or which have been used in transportation for compensation OU613a th@in J13 jWjqa§.-24.M(D): F. Proof of a mechanic's inspection, as set forth in secfian„524;2§gK and G. Proof of .passing,drug and alcohol testing. as set,fgrth in sect€on 5.24.160. 5.224,240 — Driver's permit renewal. A permit holder must submit a renewal application with the following items, and any other information deemed necessary by the city clerk or chief of ppljce,.noWter than 30 days prior to the end of the calendar year in which the current nerm€t was issued: A. Renewal fee, as set forth in section 5.24.130; B. Proof of a current valid drivers license, as set forth in section 5.24.14Q( C. Proof of a current city of Lodi business license, as set forth in sectioll §,24.140(F)m and D. Proof of completion of a drug and alcohol test, as set forth in section 5.24.160. 10 Article V. — Maintenance and inspection of taxicabs 5.24.250 — Annual inspection of taxicabs. To ensure continued maintenance of safe operating conditions. taxigghs, and their ui entrain r a is I i s annuallyb a licensed automobile mechanic. The costs of inspections shall be paid by the vehicle owner. Proof of inspection shall be submitted annually with a renewal apolkOion and shall�!Ddude. a statement by a licensed automobile mechanic certhinp.that the vehicle. is free of anv defects or conditions identified in section 5.24.280. 5.24.280 - Police. Department taxicab inspection authority. The chief of police, or any member of the police department under his/her direction; shall have the authority, at any time after displaying proper identification, to enter into or upon any taxicab for the purpose of ascertaining whether or not any of t{ie provisions set forth herein are beim violated. 5.24.270 — Unsafe or unsuitable taxicabs. It is unlawful and an infraction for the owner of any taxicab licensed pursuant to this chapter to maintain a taxicab in an unsafe or unsuitable condition. Any taxicab which is found to be unsafe or in any way` unsuitable for taxicab service shall be immediately ordered ou$ of ItLvj2e, an bef ro ggpin being laced in service,the owner shall provide evidence 2bilf of police, or any member of the police department; under his/her direction. that the vehicle is safe, and shall submit the vehicle to inspect on. 124-280 Things__do-emed_to_make _a taxicab unsafe or unsuitable. service: A. Excessive leakage of oil, grease, gas or any other substance f rD gnv part of the taxicab: B. Defects in the frame or structural body of the to xicaba C. The failure of any movable parts of UN car, ingiggirgdvors, window, hoods, trunk, lichts., mac. #o�m in the proper working order. D. The failure to maintain the tires, lights, turning signals or brakes in safe operating n i E. The failure to maintain the motor or other mechanical.pjjrts of the car in good and safe operating condition: F. The failure to have an exhaust system property installed and in good working condition that complies with State law; G.. LaM2 or excessive dents or scratches in the body of the taxicab: 11 H. Improper maintenance of the exterior paint in the proper color scheme: I. Excessive wear and tear on the upholstery, floor mats and other parts of the interior of the taxicab; J. The.faiilure to have adequate 'interior lighting in proper working condition: or K. The excessive emission of odors such as tobaoco/smoke products from the. interior of the taxicab. 5.24.290'— Cleaning of interior._ The interior of every taxicab in service, shall be kept in a clean and sanitary condition at all times. 5. 4.NQ—Qlaning of exterior. The exterior of every taxicab in service, shall be kept in a clean condition at all times. 5.24.310 - Ace of vehide. Taxicabs in service shall be no older than seven (7] years from the manufacture date indicated on the vehicle by the manufacturer. F;X#Tq-XT9GTF7-n- 5.24,320 - Right of a2p2alft2M denial of issuance or renewal gf JlAcl� owner's permit or taxicab driver's hermit. cfty derk gr chief gf police shall nofity the applicanti s l hi or her tamcab ovine m a taxicab dwee-s-m-h s The cky, clerk, chief of police. shall also notify tate applicant of the right to appeal the denial to the city manager. I shall M fil2d Mh the cfty cIVI Wftblnt a of transmittal of the written notice to the person affected by such decision. Service shall be by regular postal igntk a or personal deliven�. C. A denial of issuance or renewal shall remain in effeSA until a duly filed heard as forth in Section 5.24.330. D. If no at7MI is filed within the time allowed', the. city's decision to not issue or renew the taxicab owner's permit yr taxiicab driver's permit shall be considered final. 5.24.330 - Procedure upon appeal - A. An,^applicant or permittee shall file an appeal within ten calendar dM LM 02 sgodge of the n-00,00- of, denIaLaus2gnsion.-r MyQgMj i n ftm I r r l'ce. B. Apneals to the city manager 12 1. Any decision of the city clerk or chief of police which is a denial to issue or renew, or a susR@nsion or revocation of a taxicab owner's permit or taxicab driver's permit, shall not become final until ten calendar 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 ft manner provided herein at any time prior to the expiration of the ten-day period. If no appeal is taken before the expiration of the ten- day period, the decision of thecb clerk or chief of police shall be final. 2. The appeal of any decision shall be in writing signed by the party to the action briefly settina forth the reasons why such decision is not Proper, stating n addre§g gj whit the appellant will receive notices and filed with the city manager. 3„ The city manager shall upon receipt of the appeal set the matter for hearing before a hearina 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 thirty calendar days after receipt of the appeal unless a longer time is requested or consented to by the appellant. 4. The hearina shall not be conducted under the formal Rules of Evidence. but shall be subiect to such standards of procedure and evidence as reasonable oeoDle would utilize in the conduct of serious business. S. The appellant (or a representative) shall have the richt to present his or her case in person. 6. The hearing officer shall consider the case record as well as any statements offered b interested parties. The hearing will be qpnqucted according to administrative rules relating to evidence and witnesses as set forth in Chanter 1.10 of this code. 7. If the hearing officer refuses to issue or restore a taxicab owner's permit or taxicab driver's Permit. ,±-e party to the action, or such pgdy's agent, shall not, file a new application within three hundred sixty five days from the date of final action by the hearing officer. 8. If the hearing officer suspends a taxicab owner`s permit or taxicab driver's permit. the hearing officer shall impose a_period of suspension of not more than thirty days. 9. If the hearing officer's action is to grant or restore a taxicab owner's permit or taxicab driver's permit. the hearing officer shall direct the city cleric to issue or restore the certificate or license. C. Anyparty dissatisfied with the decision of the hearing officer may cane the matter forward Mader the prqvisigns for administrative mandamus (Code of Civil Procedure Suction 1094.51 as it now exists or may later be amended.. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 13 SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). ATTEST: JENNIFER M. FERRAIOLO City Clerk Approved this—day of 12016 MARK CHANDLER Mayor 14 State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held September 21, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney 15 JENNIFER M. FERRAIOLO City Clerk Exhibit B ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5 "PERMITS AND REGULATIONS" BY REPEALING AND REENACTING CHAPTER 5.25 — "PEDICABS" IN ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 5 "Permits and Regulations" is hereby amended by repealing and reenacting Chapter 5.25 "Pedicabs" in its entirety, and shall read as follows: CHAPTER 5.25 - PEDICABS Sections: 5.25.010 Purpose. 5.25.020 Definitions. 5.25.030 Permit Requirements to Operate Pedicab. 5.25.040 Application for Pedicab Operating Permit. 5.25.050 Pedicab Operating Permit Fee. 5.25.060 Duration of Validity of Pedicab Operating Permit. 5.25.070 Pedicab Operating Permit Renewal. 5.25.080 Denial of Pedicab Operating Permit. 5.25.090 Suspension or Revocation of Pedicab Operating Permit. 5.25.100 Identification Badges Issued to Pedicab Operators with a Pedicab Operating Permit. 5.25.110 Pedicab Decal. 5.25.120 Application for Pedicab Decal. 5.25.130 Requirements for Issuance of Pedicab Decal. 5.25.140 Pedicab Decal Fee. 5.25.150 Duration of Validity of Pedicab Decal. 5.25.160 Pedicab Decal Renewal. 5.25.170 Denial of Pedicab Decal for Failure to Comply with Chapter. 5.25.180 Suspension or Revocation of Pedicab Decal. 5.25.190 Other Laws Applicable to Pedicab Owners and Operators. 5.25.200 Report of Accidents. 5.25.210 Minimum Age for Pedicab Operators. 5.25.220 Driver's License Requirement to Operate Pedicab. 5.25.230 Business License Requirement to Operate Pedicab. 5.25.240 Equipment Regulations for the Operation of Pedicabs. 5.25.250 Insurance Requirements. 5.25.260 Fare Schedule. 5.25.270 Right of Appeal from Denial of Issuance of Pedicab Operating Permit or Decal. 5.25.280 Right of Appeal from Suspension or Revocation of Pedicab Operating Permit or Decal. 5.25.290 Procedure Upon Appeal. 5.25.300 Enforcement Authority. 5.25.310 Enforcement Remedies. 5.25.320 Strict Liability Offenses. 5.25.330 City Held Harmless. 5.25.340 General Pedicab Operation. 1 5.25.010 - Purpose. 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. 5.25.020 - Definitions. For purposes of this chapter, the following terms are defined as follows: A. "City clerk" means the city clerk for the city of Lodi or his or her designee. B. "Decal" means the numbered decal issued by the city of Lodi to a pedicab owner for display on the pedicab to indicate that the pedicab is permitted to operate. C. "Identification badge" means a badge that identifies the operator with a color passport - size photo. D. "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. E. "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 Lodi. F. "Owner" means any person who owns, leases, or otherwise has possession of a pedicab. G. "Pedicab" means a pediggb as defined in Califo is VehipLe Code sections 467.5(a)8� (b): 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 a person, and that is being used for transporting passengers for hire; 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 a person, and that is being used for transporting passengers fGF FeGeipt of any form of Gensade-rat. on. hire. This section does not authorize the operation of any devices satisfying the definition of California Vehicle Code section 467,5(c), which are commonly known as "beer ikes" and defined as a four -wheeled device that is prima,riiy_or exclusively pedal -powered, hgj g LqafiMcapcIjyor ei h o m re passengers, cannot travel in excess of 15 miles Per hour, and is being used for tranworting passengers for hire. Such devices must be operated as set forth in California Vehicle Code section 21215 and are therefore aghbited from operating within the city. H. "Pedicab operating permit" means a written permit issued by the city of Lodi authorizing a person to operate a pedicab. I. "Person" means both singular and plural, and shall mean any individual, firm, corporation, association, partnership, or society exclusive of public agencies. J. "Police chief' means the chief of police for the city of Lodi or his or her designee. 5.25.030 - Permit requirement to operate pedicab. 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. 5.25.040 - Application for pedicab operating permit. 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 city clerk. 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 eighteen years or older; 2. Proof of ability to drive lawfully in the United States; 3. Proof of a valid city of Lodi business license; 4. A complete set of fingerprints; 5. Two recent color passport -sized photographs; and 6. Such other material as the city clerk may require 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, or fails to disclose, facts relevant to the fitness of the applicant to be granted a pedicab operating permit. F. The city clerk 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 three hundred sixty five days from the date of denial, unless denial is without prejudice. 5.25.050 - Pedicab operating permit fee. 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. 5.25.060 - Duration of validity of pedicab operating permit. R ear fMM el 11 -tie valid €vr a�erie�o a y Any permit issued gursuant to this chapter shall Mire at the gAn of the calendar year in which it is issued and must be renewed within 30 d,M af JhM date of expiration. 5.25.070 - Pedicab operating permit renewal. 3 Pedicab operating permits shall be renewable annually upon filing and approval of a new application and payment of a pedicab operating permit fee as determined by the city council. 5.25.080 - Denial of pedicab operating permit. The city clerk may deny issuance of a pedicab operating permit if an applicant: A. Fails to comply with the requirements of this chapter; B. Misrepresents, or fails to disclose, facts relevant to the fitness of the applicant; C. Does not possess a valid driver's license issued by 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. 5.25.090 - Suspension or revocation of pedicab operating permit. A. The city clerk may suspend, for a period not to exceed thirty days, and may revoke a pedicab operating permit if the operator: Misrepresents, or fails to disclose, 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. Drives 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 city clerk. B. The city clerk shall immediately suspend, for a period not to exceed thirty 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: 1. A felony; 2. A sex offense; 3. Soliciting for prostitution; 4. A narcotics offense; or 4 5. Has had a license to drive issued by the state of California either suspended or revoked by the State. C. The city clerk 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: 1. A felony; 2. A sex offense; 3. Soliciting for prostitution; or 4. A narcotics offense. D. Upon suspension or revocation, the operator shall immediately surrender the pedicab operating permit to the city clerk. In the event of suspension, the city clerk shall return the pedicab operating permit to its operator immediately after termination of the suspension period. 5.25. 100 - Identification badges issued to pedicab operators with a pedicab operating permit. 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 city clerk. In the event of a suspension, the city clerk shall return the identification badge to its holder immediately after termination of the suspension period. 5.25.110 - Pedicab decal. 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. 5.25.120 - Application for pedicab decal. 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 city clerk. 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; 5 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 5.25.250 of this Chapter. 5.25.130 - Requirements for issuance of pedicab decal. 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 three hundred 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 five hundred 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 two hundred feet to the rear of the pedicab. D. Seat belts for each available passenger seat; aW E. Those requirements related to bicycles as set forth in California Vehicle Code Section 21201..-; F. A statement b le mechanic, technician,or reair shop mdftng that the edicab complies with the regulr2ments set forth herein. The chief of police, or any member of the police department under h ether direction, shall. have the autho ' at gov time der displaying proggIdentification to enter into or uRgn an 5.25.140 - Pedicab decal fee. The city shall charge a nonrefundable fee to recover the cost of activities associated with the administration, regulation, and issuance of pedicab decals. 5.25.150 - Duration of validity of pedicab decal. Pedicab decals shall be valid fw a peAed Of OAS Y88F #9FA date of Wou 51AGO expire at the end of the calendar year in which they were issued. 5.25.160 - Pedicab decal renewal. Pedicab decals shall be renewable annually upon filing of a renewal araplication on a form prescribed by the city clerk and submittal of the following: A. Decal renewal fee: B. Proof of abilfty to ddyw-lawfulty in the UnitedStates: C. Proof of a valid. ciof Lodi business license: D. Proof of insurance in accordance with Section 5.25.250 of this Chapter: and C. E. A list of all pedicabs to be used in op@ratidn and proof of inspection for each, in accordance with Section 5.25.130 of this Chapter. 5.25.170 - Denial of pedicab decal for failure to comply with chapter. The city may deny issuance of a pedicab decal if the city clerk determines that the pedicab does not meet the requirements of this chapter or applicable state law. 5.25.180 - Suspension or revocation of pedicab decal. A. Decals may be suspended by the city clerk for a period of one to thirty 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 5.25.250 3. Fails to notify the city clerk thirty 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 city clerk for a period covering the term of suspension. The city clerk 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 city clerk by the holder thereof. D. The city clerk 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. 5.25.190 - Other laws applicable to pedicab owners and operators. Pedicab owners and operators are subject to all applicable city, county, state, and federal laws, rules, and regulations. 5.25.200 - Report of accidents. 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 forty-eight hours thereof give written report thereof to the city clerk. 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. 5.25.210 - Minimum age for pedicab operators. It is unlawful for any individual under the age of eighteen to operate a pedicab. 5.25.220 - Driver's license requirement to operate pedicab. 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. 5.25.230 - Business license requirement to operate pedicab. It is unlawful for a person to operate a pedicab without first obtaining a business license from the city. 5.25.240 - Equipment regulations for the operation of pedicabs. A. It is unlawful for any person to operate, or cause to be operated, a pedicab which fails to meet the equipment requirements of Section 5.25.130 of this chapter. 5.25.250 - Insurance requirements. 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 such person has complied with the provisions of this section. A. The owner or operator of any pedicab operated under this chapter must secure his or her ability to answer to any claim for damage to person or property which may arise against him or her by reason of the operation of the pedicab as follows: 1. Public liability insurance in the minimum limits of one hundred thousand dollars for injury or death to any person and three hundred thousand dollars for injury or death of more than one person in the same accident; 2. Public liability insurance for property damage in the minimum amount of fifty thousand dollars for any one occurrence; 3. The policy of insurance is endorsed to provide a hold harmless clause in favor or the city; 4. The policy provides that thirty -days notice of cancellation of insurance be sent to the city clerk; and 5. A certificate evidencing insurance shall be filed with the city clerk 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. 5.25.260 - Fare schedule. 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. H 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. Section 5.25.260(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. 5.25.270 - Right of appeal from denial of issuance of pedicab operating permit or decal. A. The city clerk shall notify the applicant that the issuance of his or her pedicab operating permit or decal has been denied. The city clerk shall also notify the applicant of the right to appeal the denial to the city manager. Any written appeal shall be filed with the city clerk within ten 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 city clerk 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 fifteen days after a notice of appeal is filed with the city clerk 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 5.25.290 5.25.280 - Right of appeal from suspension or revocation of pedicab operating permit or decal. A. The city shall notify the pedicab operator or owner that his or her pedicab operating permit or decal has been suspended or revoked. The city clerk 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 ten 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 city clerk in the manner prescribed by the city clerk. 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 5.25.290 5.25.290 - Procedure upon appeal. A. If an applicant served with a notice of denial, suspension, or revocation chooses to appeal, he or she shall file an appeal within ten calendar days from the service of the notice from the city clerk. B. Appeals to the city manager: Any decision of the city clerk which is a denial to issue or a suspension or revocation of any pedicab operating permit or decal shall not become final until fifteen 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 fifteen -day period. If no appeal is taken before the expiration of the fifteen -day period, the decision of the city clerk 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 city clerk. 3. The city clerk 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 thirty 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 1.10 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 three hundred sixty five days from the date of final action by the hearing officer. 8. If the hearing officer suspends a pedicab operating permit or decal, the city clerk shall determine a period of suspension of not more than thirty days. 9. If the hearing officer's action is to grant or restore a decal or permit, the hearing officer shall direct the city clerk 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. 5.25.300 - Enforcement authority. 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. 5.25.310 - Enforcement remedies. 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. 5.25.320 - Strict liability offenses. Violations of this chapter shall be treated as strict liability offenses. 5.25.330 - City held harmless. A decal holder shall, and by acceptance of the decal does, tomaximum ggpnt _ftpermitted by law, agree to indemnify and hold harmless the city of Lodi, its officers, employees 10 and agents from any and all damages, claims, liabilities, costs, suits, or other expense resulting from and arising out of the decal holder's operations. 5.25.340 - General pedicab operation. 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 the 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.. SECTION 2. No Mandatary Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to 11 and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). ATTEST: JENNIFER M. FERRAIOLO City Clerk Approved this—day of_, 2016 MARK CHANDLER Mayor 12 State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held September 21, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney 13 JENNIFER M. FERRAIOLO City Clerk I93D SUBJECT: Please immediately confirm receipt of this, ux by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1929 —1931 PUBLISH DATE: SATURDAY, SEPTEMBER 24, 2016 LEGAL AT TEAR SHEETS WANTED: One [11 olease SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, SEPTEMBER 22, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SE1'V�D P�0OF ff ADVFRTISEIIMN7ff ADVFRTIS NT. THANK YOUY Emailed to the Sentinel at dianer@lodinews.com at '•A4p _€ nmd) on 41 1.112 �id%W (pages) LNS Phoned to confirm togW of all. pages at {time) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1929 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 17.30 — LANDSCAPING — BY REPEALING AND RE-ENACTING SECTION 17.30.070, "WATER EFFICIENT LANDSCAPE REQUIREMENTS," IN ITS ENTIRETY. The purpose of this ordinance is to comply with the State of California's Model Water Efficient Landscape Ordinance. Introduced September 21, 2016. Adoption to be considered October 19 2016. AYES: Johnson, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. ORDINANCE NO. 1930 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING CHAPTER 5.24, "TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY. The purpose of this ordinance is to update, enhance, standardize, and clarify appeal procedures, renewal procedures and requirements, insurance requirements, health and safety standards, and definitions. Introduced September 21, 2016. Adoption to be considered October 19, 2016. AYES: Johnson, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. ORDINANCE NO. 1931 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING CHAPTER 5.25, "PEDICABS," IN ITS ENTIRETY. The purpose of this ordinance is to update, enhance, standardize, and clarify appeal procedures, renewal procedures and requirements, insurance requirements, health and safety standards, and definitions. Adoption to be considered October 19, 2016. AYES: Johnson, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. Jennifer M. Ferraiolo, City Clerk City of Lodi September 21, 2016 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. y ❑F � �Mr, �d.. DECLARATION �L IF OFr� ORDINANCE NO. 1930 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING CHAPTER 5.24, "TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY On Thursday, September 22, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1930 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 22, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1930 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS — BY REPEALING AND REENACTING CHAPTER 5.24, "TAXICAB TRANSPORTATION SERVICE," IN ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 5 — Permits and Regulations — is hereby amended by repealing and reenacting Chapter 5.24, "Taxicab Transportation Service," in its entirety, and shall read as follows: CHAPTER 5.24 — TAXICAB TRANSPORTATION SERVICE Sections: Article I. General Provisions 5.24.010 Definitions. 5.24.020 Compliance with Chapter. Article II. Owners 5.24.030 Owner's Permit — Taxicabs. 5.24.040 Owner's Permit — Fee. 5.24.050 Owner's Permit — Expiration. 5.24.060 Owner's Permit — Qualifications. 5.24.070 Owner's Duties. 5.24.080 Insurance and Indemnification Requirements. 5.24.090 Owner's Permit — Revocation — Grounds. 5.24.100 Owner's Permit — Revocation — Investigation and Hearing. 5.24.110 Owner's Permit — Transferability. Article III. Drivers 5.24.120 Driver's Permit — Required. 5.24.130 Driver's Permit— Fee. 5.24.140 Driver's Permit — Qualifications — Police Chief Approval. 5.24.150 Driver's Duties. 5.24.160 Driver's Drug and Alcohol Testing. 5.24.170 Testing Procedures. 5.24.180 Information Request. 5.24.190 Reporting of Subsequent Conviction and Driver's License Status, 5.24.200 Revocation or Suspension of Taxicab Driver's Permit. 5.24.210 Hearing—Revocation or Suspension of Taxicab Driver's Permit. 5.24.220 Return of Taxicab Driver's Permit. Article IV. Renewal Procedure 5.24.230 Owner's Permit Renewal. 5.24.240 Driver's Permit Renewal. Article V. Maintenance and Inspection of Taxicabs 5.24.250 Annual Inspection of Taxicabs. 5.24.260 Authority of Police Department to Inspect Taxicabs. 5.24.270 Unsafe or Unsuitable Taxicabs. 5.24.280 Things Deemed to Make a Taxicab Unsafe or Unsuitable. 5.24.290 Cleaning of Interior. 5.24.300 Cleaning of Exterior. 5.24.310 Age of Vehicle. Article VI. Appeals 5.24.320 Right of Appeal from Denial of Issuance or Renewal of Taxicab Owner's Permit or Taxicab Driver's Permit. 5.24.330 Procedure Upon Appeal. Article I. - General Provisions 5.24.010 - Definitions. The following terms, as used in this chapter, are defined as follows, unless the particular provision or context requires otherwise: A. "Operate within the city" or "operate within the corporate limits of 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. Prepaid round trips which originate outside the city limits shall not constitute a defined operation under this subsection. B. "Taxicab" means every vehicle operated over the public streets of the city, the vehicle being routed under the direction of the passenger and which, in addition to such specifications, is of a distinctive color and appearance such as is commonly used in this state for taxicabs, and is operated at rates per mile, or for waiting time, or both. The following types of transportation services are not taxicabs for the purpose of this chapter: limousines, transportation network companies, and charter or scheduled bus transportation, as each is defined in the California Public Utilities Code; paratransit services as defined in the California Vehicle Code; and airport shuttles and wine tour operators operating on a prearranged contract basis. C. "Owner" means the corporation, business entity, or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement. 5.24.020 - Compliance with chapter. The provisions of this chapter shall be observed by all persons operating taxicabs within the city, and it is unlawful to operate any taxicab in violation of any of such provisions. All applications submitted pursuant to this chapter shall be on a form prescribed by the city clerk. Article II. – Owners 5.24.030 - Owner's permit—Taxicabs. No individual or company shall operate any taxicab on or over any streets of the city without having first obtained approval from the city clerk. Every vehicle used by an Owner in transportation for compensation shall be licensed, inspected, and insured annually as set forth in this chapter. 5.24.040 - Owner's permit—Fee. The. owner or lessee of any taxicab obtaining any permit under this chapter shall pay unto the city clerk a permit fee as prescribed by the city. No. permit issued under the provisions of this. chapter shall be valid until the city cleric endorses thereon an acknowledgment of the payment of the fee for the current year. Such fee shall be due and payable to the city clerk on the first day of January of each year and delinquent thirty days thereafter. 5.24.050 - Owner's permit—Expiration. Any permit issued under this chapter shall expire at the and of the calendar year in which it is issued; provided, that the fee therefor is paid in accordance with the provisions of this chapter. Unless suspended or revoked, it shall be renewed upon application for renewal as set forth in section 5.24.230. 5.24.060 - Owner's permit—Qualifications. The owner's permit required by this chapter shall be granted in writing by the city clerk, upon a satisfactory showing by the applicant that: A. Applicant has submitted a financial statement which has been reviewed by the finance director. The purpose of this requirement is to insure that the applicant or permit holder makes use of the permit and that the permit is obtained and used by the person or entity identified in the application documents rather than an undisclosed third party. Initial applications shall include: 1. A statement of all assets, liabilities, and equities of the taxicab business or owner; and 2. A statement of the expected revenues and expenses of the taxicab business operation for the next year. Renewal applications shall include: 1. A statement of all assets, liabilities, and equities of the taxicab business as of the application date; 2. A statement of the actual revenues and expenses of the taxicab business for the past year; and 3 3. A statement of the expected revenues and expenses of the business for the next year. B. Applicant has submitted evidence of insurance coverage as set forth in Section 5.24.080 C. The applicant's vehicle or vehicles are possessed of the following qualifications as determined by the chief of police: 1. The vehicle must meet all requirements of the Vehicle Code of the state in regard to equipment and mechanical condition. Further, it must be maintained in a safe, clean, and sanitary condition throughout as set forth in Sections 5.24.250 through 5.24.310. 2. The vehicle must bear, visibly painted in a distinctive color, in figures at least three inches high, a number of one or two digits, which number shall not be the number of any other vehicle earlier granted a vehicle permit under this chapter. The number shall be specified in the application and noted on the permit. The vehicle must also bear, visibly painted in a distinctive color, in letters at least one and one- half inches high, the name of the owner or lessee thereof. 3. The vehicle must carry in a conspicuous position within its passenger compartment a clear, intelligible, and legible statement of the fares or charges to be made in connection with the use of the vehicle. A copy of such fares and charges shall be filed with the city clerk as well. 4. A taxicab over the entire exterior normally covered with paint must be painted in a distinctive color or system of colors; and the color or system of colors shall be so selected that the vehicle may not reasonably be confused with any ordinary private vehicle. D. The applicant shall provide annually a list and photograph, prepared under oath, of all vehicles to be used in transportation for compensation, and/or which have been used in transportation for compensation during the preceding year. The list shall identify each vehicle by year, make, model, license plate, and vehicle identification number. E. The applicant possesses a current City of Lodi business license and/or home occupation permit as required in Section 17.36.060. F. The applicant's business activities do not violate any land use or zoning laws, including, but not limited to the prohibition of parking, storing, dispatching, or repairing commercial vehicles in a residential zoning district pursuant to Sections 17.36.060(B)(2)(c), 17.36.060(B)(2)(i), and 17.36.060(C)(10). 5.24.070 - Owner's duties. No person owning or leasing a taxicab shall, while such vehicle owned or leased is being operated, do the following: A. Fail to maintain as to such vehicle the qualifications required for a permit for such vehicle under this chapter; B. Do any act, or employ any person to do any act, which would be forbidden by Section 5.24.150 if done by a person driving or operating a taxicab; or 4 C. Rent or lend the vehicle to any person who operates it, or permit any person to operate it, except himself or his duly authorized agent. Prior to placing any new or additional vehicle into service, the owner shall: D. Inform the city clerk in writing of the acquisition or transfer of the vehicle into taxicab operations; E. Provide the date upon which such vehicle will be put into service; F. Provide all information required under Section 5.24.060(D); G. Provide proof of inspection as required in Section 5.24.250; H. Provide proof of insurance as required in Section 5.24.080; and I. Provide any other information requested by the city clerk related to such vehicle, its ownership, or use in the owner's business operations. 5.24.080 - Insurance and indemnification requirements. In order to ensure the safety of the public, it is unlawful for any person who owns a taxicab to allow it to be operated or driven or to obtain a permit for its operation under this Chapter unless and until such person has complied with the provisions of this section. The owner or lessee of any taxicab must secure their ability to answer to any claim for damage to person or property which may arise by reason of the operation of any vehicle as follows: A. General liability insurance in the minimum limits of not less than one million dollars for injury or death to any person and not less than two million dollars for injury or death of more than one person in the same accident; B. Automobile insurance in the minimum limits of not less than five hundred thousand dollars; C. Insurance for property damage in the minimum limits of not less than fifty thousand dollars; and D;. A certificate evidencing such insurance shall be filed with the city's risk manager and shall name the city, its officers, agents, and employees as additional insureds. Any person or entity issued a permit pursuant to this Chapter shall, and by acceptance of the permit does, to the maximum extent permitted by law, agree to indemnify and hold harmless the city of Lodi, its officers, employees, and agents from any and all damages, claims, liabilities, costs, suits, or other expense resulting from and arising out of the permit holder's operations. 5.24.090 - Owner's permit—Revocation—Grounds. The owner's permit required by this chapter may be revoked or suspended if one or more of the following conditions exist: A. The qualifications required for the granting of the owner's permit are no longer met by the permittee or the permittee's vehicle or vehicles; B. The permittee has been convicted of any violation of restrictions imposed upon the permittee as owner or lessee under this chapter, or the permittee has become bankrupt; 5 C. The permittee has failed to maintain his/her vehicle or vehicles as required in Sections 5.24.250 to 5.24.310; or D. The permittee is in violation of any of the provisions of this Chapter. 5.24.100 - Owner's permit—Revocation—Investigation and Hearing. For the purpose of ascertaining whether any cause exists for the suspension or revocation of an owner's permit under this Chapter, the chief of police may, and on direction of the city council or upon complaint shall, cause strict inquiry to be made into the conduct of the permittee, the sufficiency and validity of the permittee's security, and the conditions of the permittee's vehicle or vehicles. An owner's permit may be revoked for any cause which would have warranted denial thereof in the first instance, for a failure to comply with any of the provisions of this Chapter, a failure to comply with any conditions imposed upon the owner's permit or when taxicab business operations have ceased for 10 consecutive days. If an owner's permit is granted and operation of the service for which the permit is granted does not commence within four months of the date of the approval thereof, the permit shall be automatically null and void. A revocation may be appealed through the procedure set forth in Section 5.24.320. If the owner's permit is revoked, the holder of the permit shall not reapply for six months from the date of revocation. 5.24.110 - Owner's permit—Transferability. Any owner's permit issued under the provisions of this chapter may be sold, assigned, leased, transferred or inherited as other property only upon written authorization of the city clerk. In the event a permit is transferred, the transferee must satisfy all requirements of this Chapter prior to engaging in taxicab business. Article III. – Drivers 5.24.120 - Driver's permit—Required. No person shall drive or operate any taxicab within the city unless he/she holds a permit, to be known as a driver's permit, therefor, as provided in this Chapter, and no person shall drive or operate a taxicab within the corporate limits of the city under or by virtue of any driver's permit which has been suspended or revoked as provided in this Chapter. 5.24.130 - Driver's permit—Fee. Every driver under this Chapter shall pay unto the city clerk an annual license fee in the sum prescribed by resolution of the City Council, as amended from time to time. Owner -drivers who_pay the owner's permit fee shall have the driver's permit fee waived. The fee shall be due and payable the first day of January of each year and shall be delinquent thirty days thereafter. 5.24.140 - Driver's permit—Qualifications—Police chief approval. A. A driver's permit or renewal thereof shall be issued to each applicant complying with the provisions of this Chapter; such permit shall be issued by the city clerk pursuant to a finding M. by the chief of police that the applicant for a permit or for renewal is a person of good character, and one who will not endanger the public interests and safety. Applicants shall be subject to a criminal background check prior to the issuance of a driver's permit. Thereafter a licensee shall be subject to a criminal background check upon request of the chief of police or designee. B. An applicant or licensee who, within the past ten years, has been convicted of any of the below -listed offenses is not eligible to be granted or hold a driver's permit: 1. A felony, or of any crime under the laws of this state that would amount to a felony; 2. Any crime in this state or elsewhere in which fraud or intent to defraud was an element; 3. Unlawfully possessing or distributing controlled substances as defined in the laws of the state or elsewhere; 4. Any sex offense or crime involving moral turpitude; or 5. Driving while under the influence of alcohol or drugs. C. The applicant must hold a valid and appropriate driver's license issued by the Department of Motor Vehicles of the state, under the Vehicle Code of the state. D. The applicant, or licensee upon request, must be fingerprinted by the Lodi police department. E. Any person having been denied a driver's permit may appeal such decision as set forth in Section 5.24.320. F. Drivers operating as an independent contractor shall submit proof of a current city of Lodi business license and/or home occupation permit as required in Section 17.36.060 and ensure that their business activities do not violate any land use or zoning laws. G. It shall be sufficient grounds to deny or revoke a driver's permit if any person fails to disclose any relevant information, or provides false or misleading information pursuant to this Section. 5.24.150 - Driver's duties. No person driving or operating a taxicab shall, while operating such vehicle, do the following: A. Fail to maintain the qualifications required for an operator's permit under this chapter; B. Refuse without good cause to accept as a passenger any person desiring transportation who shall tender money sufficient to pay the fare to their stated destination; C. Transport passengers to their stated destination over an unnecessarily circuitous route; D. Refuse to load and unload for any passenger such hand baggage as may not exceed the reasonable internal capacity of the vehicle, and such other baggage as may not reasonably exceed its capacity in trunk or top; or, after being requested, refuse to carry such baggage to or from such buildings as the passenger may enter or leave; E. Make false representations by word, act, conduct, or appearance regarding the name or identity of persons owning or leasing the taxicab he operates, or regarding his own identity; or refuse to give his name and the number of his vehicle to any person requesting them; 7 F. Refuse or fail, after being requested, to give a receipt for any fare paid; G. Fail or neglect to report to the police department within twenty-four hours all property left in his vehicle by any passenger; or H. Charge passengers in excess of the posted rate or fee. 5.24.160 - Driver's drug and alcohol testing. No person shall be issued, or have renewed, a driver's permit until they have presented certification to the city clerk that they have tested negative for alcohol (breath alcohol concentration of less than 0.02 percent) and each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the. Code of Federal Regulations. The date of testing shall be within ten days of the date of issuance or renewal of a driver's permit. Test results are confidential and shall not be released without the consent of the applicant, except as authorized or required by law. Cost for such testing is the obligation of the applicant or employer of the applicant. 5.24.170 - Testing procedures. Applicant shall show a valid California driver's license at the time and place of testing. Testing procedures shall be substantially as set forth in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. The city may at random require a permitted driver to be retested. If such a test is required by city, city shall pay the cost for such testing. 5.24.180 - Information request. Upon the request of a driver applying for a permit, or renewal, the city clerk shall give the applicant a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city clerk knows offers tests in or near the city. 5.24.190 — Reporting of subsequent conviction and driver's license status. Any person issued a taxicab driver's permit who subsequently is convicted of any felony or misdemeanor offense, or who ceases to possess a valid State of California driver's license of the class required by state law for the type of motor vehicle such person drives, shall immediately so inform the chief of police and his or her employer. 5.24.200 — Revocation or suspension of taxicab driver's permit. A. The chief of police may suspend, for a period not to exceed thirty days, and may revoke a driver's permit if the permittee: Misrepresents facts relevant to the fitness of the driver 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; H. 4. Drives a taxicab known to the operator not to be in good order and repair; 5. Knowingly falsifies material and relevant facts on an application for a taxicab 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 chief of police. B. The chief of police shall immediately susper+d, for a period not to exceed thirty days, and may revoke a taxicab driver's permit of any driver upon the receipt of information reasonably sufficient and reliable to establish that the driver has committed a violation of law involving: 1. A felony; 2. A sex offense; 3. Soliciting for prostitution; 4. A narcotics offense; or 5. Has had a license to drive issued by the State of California either suspended or revoked by the state. C. The chief of police shall immediately revoke the taxicab driver's permit if that driver has been found guilty by final judgment of a court of competent jurisdiction of a violation of the law involving: 1. A felony; 2. A sex offense; 3. Soliciting for prostitution; or 4. A narcotics offense. D. Upon suspension or revocation, the driver shall immediately surrender the taxicab driver's permit to the chief of police. In the event of suspension, the chief of police shall return the taxicab driver's permit to its driver immediately after termination. of the suspension period. 5.24.210 - Hearing — Revocation or suspension of taxicab driver's permit. Every taxicab driver whose permit has been suspended or revoked shall have the right to appeal such decision as provided in Section 5.24.320. 5.24.220 - Return of taxicab driver's permit. Taxicab driver's permits shall become void upon termination of employment. The employer shall notify the City upon termination of employment. Taxicab driver permits shall be returned to the City upon termination of employment or a determination of revocation. P] Article IV. — Renewal Procedure 5.24.230 — Owner's permit renewal. A permit holder must submit a renewal application along with the following items, and any other information deemed necessary by the city clerk or chief of police, no later than 30 days prior to the end of the calendar year in which the current permit was issued: A. Renewal fee, as set forth in Section 5.24.040; B. Proof a current city of Lodi business license and/or home occupation permit, as set forth in Section 5.24.060; C. Financial statement, as set forth in Section 5.24.060; D. Proof of insurance, as set forth in Section 5.24.080; E. A list and photograph, prepared under oath, of all vehicles to be used in transportation for compensation, and/or which have been used in transportation for compensation during the preceding year, as set forth in Section 5.24.060(D); F. Proof of a mechanic's inspection, as set forth in Section 5.24.250; and G. Proof of passing drug and alcohol testing, as set forth in Section 5.24.160. 5.24.240 — Driver's permit renewal. A permit holder must submit a renewal application with the following items, and any other information deemed necessary by the city clerk or chief of police, no later than 30 days prior to the end of the calendar year in which the current permit was issued: A. Renewal fee, as set forth in Section 5.24.130; B. Proof of a current valid driver's license, as set forth in Section 5.24.140(C); C. Proof of a current city of Lodi business license, as set forth in Section 5.24.140(F); and D. Proof of completion of a drug and alcohol test, as set forth in Section 5.24.160. Article V. — Maintenance and Inspection of Taxicabs 5.24.250 — Annual inspection of taxicabs. To ensure continued maintenance of safe operating conditions; taxicabs, and their equipment, operating or used pursuant to this Chapter shall be inspected annually by a licensed automobile mechanic. The casts of inspections shall be paid. by the vehicle owner. Proof of inspection shall be submitted annually with a renewal application and shall include a statement by a licensed automobile mechanic certifying that the vehicle is free of any defects or conditions identified in Section 5.24.280. 5.24.260 — Police Department taxicab inspection authority. The chief of police, or any member of the police department under his/her direction, shall have the authority, at any time after displaying proper identification, to enter into or upon any taxicab for the purpose of ascertaining whether or not any of the provisions set forth herein are being violated. 10 5.24.270 — Unsafe or unsuitable taxicabs. It is unlawful and an infraction for the owner of any taxicab licensed pursuant to this Chapter to maintain a taxicab in an unsafe or unsuitable condition. Any taxicab which is found to be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of service, and before again being placed in service, the owner shall provide evidence to the chief of police, or any member of the police department under his/her direction, that the vehicle is safe, and shall submit the vehicle to inspection. 5.24.280 — Things deemed to make a taxicab unsafe or unsuitable. For the purposes of this section, the existence of the following named things, but not to the exclusion of other things, shall be deemed to make a taxicab unsafe or unsuitable for taxicab service: A. Excessive leakage of oil, grease, gas or any other substance from any part of the taxicab; B. Defects in the frame or structural body of the taxicab; C. The failure of any movable parts of the car, including doors, window, hoods, trunk, lights, etc., to function in the proper working order; D. The failure to maintain the tires, lights, turning signals, or brakes in safe operating condition; E. The failure to maintain the motor or other mechanical parts of the car in good and safe operating condition; F. The failure to have an exhaust system properly installed and in good working condition that complies with state law; G. Large or excessive dents or scratches in the body of the taxicab; H. Improper maintenance of the exterior paint in the proper color scheme; I. Excessive wear and tear on the upholstery, floor mats and other parts of the interior of the taxicab; J. The failure to have adequate interior lighting in proper working condition; or K. The excessive emission of odors such as tobacco/smoke products from the interior of the taxicab. 5.24.290 — Cleaning of interior. The interior of every taxicab in service shall be kept in a clean and sanitary condition at all times. 5.24.300 — Cleaning of exterior. The exterior of every taxicab in service shall be kept in a clean condition at all times. 5.24.310 — Age of vehicle. Taxicabs in service shall be no older than seven (7) years from the manufacture date indicated on the vehicle by the manufacturer. 11 Article VI — Appeals 5.24.320 - Right of appeal from denial of issuance or renewal of taxicab owner's permit or taxicab driver's permit. A. The city clerk or chief of police shall notify the applicant that the issuance or renewal of his or her taxicab owner's permit or taxicab driver's permit has been denied. The city clerk or chief of police shall also notify the applicant of the right to appeal the denial to the city manager. B. Any written appeal shall be filed with the city clerk within ten calendar days of transmittal of the written notice to the person affected by such decision. Service shall be by regular postal service or personal delivery. C. A denial of issuance or renewal shall remain in effect until a duly -filed appeal is heard as set forth in Section 5.24.330. D. If no appeal is filed within the time allowed, the city's decision to not issue or renew the taxicab owner's permit or taxicab driver's permit shall be considered final. 5.24.330 - Procedure upon appeal. A. An applicant or permittee shall file an appeal within ten calendar days from the service of the notice of denial, suspension, or revocation from the city clerk or chief of police. B. Appeals to the city manager: 1. Any decision of the city clerk or chief of police which is a denial to issue or renew, or a suspension or revocation of a taxicab owner's permit or taxicab driver's permit, shall not become final until ten calendar 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 of the ten-day period. If no appeal is taken before the expiration of the ten- day period, the decision of the city clerk or chief of police 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 city manager. 3. The city manager 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 thirty 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. 12 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 1.10 of this code. 7. If the hearing officer refuses to issue or restore a taxicab owner's permit or taxicab driver's permit, the party to the action, or such party's agent, shall not file a new application within three hundred sixty five days from the date of final action by the hearing officer. 8. If the hearing officer suspends a taxicab owner's permit or taxicab driver's permit, the hearing officer shall impose a period of suspension of not more than thirty days. 9. If the hearing officer's action is to grant or restore a taxicab owner's permit or taxicab driver's permit, the hearing officer shall direct the city clerk 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. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). ATTEST: JENNIFER M. FERRAIOLO City Clerk Approved this_day of 12016 MARK CHANDLER Mayor 13 State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1930 was introduced at a regular meeting of the City Council of the City of Lodi held September 21, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — further certify that Ordinance No. 1930 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney 14 JENNIFER M. FERRAIOLO City Clerk .. DECLAWTION OF POSTING ORDINANCE NO. 1931 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS — BY REPEALING AND RE-ENACTING CHAPTER 5.25, "PEDICABS," IN ITS ENTIRETY On Thursday, September 22, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1931 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 22, 2016, at Lodi, California. :i�� Pamela M. Farris Deputy City Clerk ord summaries\aaDecPost. doe ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk I�A] EXI- ORDINANCE NO. 1931 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 5 — PERMITS AND REGULATIONS — BY REPEALING AND REENACTING CHAPTER 5.25, "PEDICABS," IN ITS ENTIRETY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 5 — Permits and Regulations — is hereby amended by repealing and reenacting Chapter 5.25, "Pedicabs," in its entirety, and shall read as follows: CHAPTER 5.25 - PEDICABS Sections: 5.25.010 Purpose. 5.25.020 Definitions. 5.25.030 Permit Requirements to Operate Pedicab. 5.25.040 Application for Pedicab Operating Permit. 5.25.050 Pedicab Operating Permit Fee. 5.25.060 Duration of Validity of Pedicab Operating Permit. 5.25.070 Pedicab Operating Permit Renewal. 5.25.080 Denial of Pedicab Operating Permit. 5.25.090 Suspension or Revocation of Pedicab Operating Permit. 5.25.100 Identification Badges Issued to Pedicab Operators with a Pedicab Operating Permit. 5.25.110 Pedicab Decal. 5.25.120 Application for Pedicab Decal. 5.25.130 Requirements for Issuance of Pedicab Decal. 5.25.140 Pedicab Decal Fee. 5.25.150 Duration of Validity of Pedicab Decal. 5.25.160 Pedicab Decal Renewal. 5.25.170 Denial of Pedicab Decal for Failure to Comply with Chapter. 5.25.180 Suspension or Revocation of Pedicab Decal. 5.25.190 Other Laws Applicable to Pedicab Owners and Operators. 5.25.200 Report of Accidents. 5.25.210 Minimum Age for Pedicab Operators. 5.25.220 Driver's License Requirement to Operate Pedicab. 5.25.230 Business License Requirement to Operate Pedicab. 5.25.240 Equipment Regulations for the Operation of Pedicabs. 5.25.250 Insurance Requirements. 5.25.260 Fare Schedule. 5.25.270 Right of Appeal from Denial of Issuance of Pedicab Operating Permit or Decal. 5.25.280 Right of Appeal from Suspension or Revocation of Pedicab Operating Permit or Decal. 5.25.290 Procedure Upon Appeal. 5.25.300 Enforcement Authority. 5.25.310 Enforcement Remedies. 5.25.320 Strict Liability Offenses. 5.25.330 City Held Harmless. 5.25.340 General Pedicab Operation. 5.25.010 - Purpose. 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. 5.25.020 - Definitions. For purposes of this chapter, the following terms are defined as follows: A. "City clerk" means the city clerk for the city of Lodi or his or her designee. B. "Decal" means the numbered decal issued by the city of Lodi to a pedicab owner for display on the pedicab to indicate that the pedicab is permitted to operate. C. "Identification badge" means a badge that identifies the operator with a color passport - size photo. D. "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. E. "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 Lodi. F. "Owner" means any person who owns, leases, or otherwise has possession of a pedicab. G. "Pedicab" means a pedicab as defined in California Vehicle Code Sections 467.5(a) and (b): 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 a person, and that is being used for transporting passengers for hire; 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 a person, and that is being used for transporting passengers hire. This Section does not authorize the operation of any devices satisfying the definition of California Vehicle Code Section 467.5(c), which are commonly known as "beer bikes" and defined as a four -wheeled device that is primarily or exclusively pedal -powered, has a seating capacity for eight or more passenger's, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. Such devices must be operated as set forth in California Vehicle Code Section 21215 and are therefore prohibited from operating within the city. H. "Pedicab operating permit" means a written permit issued by the city of Lodi authorizing a person to operate a pedicab. I. "Person" means both singular and plural, and shall mean any individual, firm, corporation, association, partnership, or society exclusive of public agencies. J. "Police chief' means the chief of police for the city of Lodi or his or her designee. 2 5.25.030 - Permit requirement to operate pedicab. 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. 5.25.040 - Application for pedicab operating permit. 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 city clerk. 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 eighteen years or older; 2. Proof of ability to drive lawfully in the United States; 3. Proof of a valid city of Lodi business license; 4. A complete set of fingerprints; 5. Two recent color passport -sized photographs; and 6. Such other material as the city clerk may require 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, or fails to disclose, facts relevant to the fitness of the applicant to be granted a pedicab operating permit. F. The city clerk 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 three hundred sixty five days from the date of denial, unless denial is without prejudice. 5.25.050 - Pedicab operating permit fee. 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. 5.25.060 - Duration of validity of pedicab operating permit. Any permit issued pursuant to this Chapter shall expire at the end of the calendar year in which it is issued and must be renewed within 30 days of the date of expiration. 3 5.25.070 - Pedicab operating permit renewal. Pedicab operating permits shall be renewable annually upon filing and approval of a new application and payment of a pedicab operating permit fee as determined by the city council. 5.25.080 - Denial of pedicab operating permit. The city clerk may deny issuance of a pedicab operating permit if an applicant: A. Fails to comply with the requirements of this Chapter; B. Misrepresents, or fails to disclose, facts relevant to the fitness of the applicant; C. Does not possess a valid driver's license issued by 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. 5.25.090 - Suspension or revocation of pedicab operating permit. A. The city clerk may suspend, for a period not to exceed thirty days, and may revoke a pedicab operating permit if the operator: 1. Misrepresents, or fails to disclose, 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. Drives 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 city clerk. B. The city clerk shall immediately suspend, for a period not to exceed thirty 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: 1. A felony; 2. A sex offense; 4 3. Soliciting for prostitution; 4. A narcotics offense; or 5. Has had a license to drive issued by the State of California either suspended or revoked by the state. C. The city clerk 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: A felony; 2. A sex offense; 3. Soliciting for prostitution; or 4. A narcotics offense. D. Upon suspension or revocation, the operator shall immediately surrender the pedicab operating permit to the city clerk. In the event of suspension, the city clerk. shall return the pedicab operating permit to its operator immediately after termination of the suspension period. 5.25.100 - Identification badges issued to pedicab operators with a pedicab operating permit. 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 city clerk. In the event of a. suspension, the city clerk shall return the identification badge to its holder immediately after termination of the suspension period. 5.25.110 - Pedicab decal. 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. 5.25.120 - Application for pedicab decal. 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 city clerk. 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 5.25.250 of this Chapter. 5.25.130 - Requirements for issuance of pedicab decal. 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 three hundred 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 five- hundred. feet to.the rear of the pedicab; C. Side -mounted rearview mirrors affixed to the right and left side of the pedicab so Iodated as to reflect to the driver a. view of the street for a distance of at least two hundred feet to the rear of the pedicab; D. Seat belts for each available passenger seat; E. Those requirements related to bicycles as set forth in California Vehicle Code Section 21201; and F. A statement by a bicycle mechanic, technician, or repair shop certifying that the pedicab complies with the requirements set forth herein. The chief of police, or any member of the police department under hislher direction, shall have the authority, at any time after displaying proper identification, to enter into or upon any pedicab for the purpose of ascertaining whether or not any of the: provisions set forth herein are. being violated. 5.25.140 - Pedicab decal fee. The city shall charge a nonrefundable fee to recover the cost of activities associated with the administration, regulation, and issuance of pedicab decals. 5.25.150 - Duration of validity of pedicab decal. Pedicab decals shall expire at the end of the calendar year in which they were issued. 5.25.160 - Pedicab decal renewal. Pedicab decals shall be renewable annually upon filing of a renewal application on a form prescribed by the city clerk and submittal of the following: A. Decal renewal fee; B. Proof of ability to drive lawfully in the United States; C. Proof of a valid city of Lodi business license; D. Proof of insurance in accordance with Section 5.25.250 of this Chapter; and E. A list of all pedicabs to be used in operation and proof of inspection for each, in accordance with Section 5.25.130 of this Chapter. 5.25.170 - Denial of pedicab decal for failure to comply with chapter. The city may deny issuance of a pedicab decal if the city clerk determines that the pedicab does not meet the requirements of this Chapter or applicable state law. 5.25.180 - Suspension or revocation of pedicab decal. A. Decals may be suspended by the city clerk for a period of one to thirty 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 5.25.250; 3. Fails to notify the city clerk thirty 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 city clerk for a period. covering the term of suspension. The city clerk 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 city clerk by the holder thereof. D. The city clerk 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. 5.25.190 - Other laws applicable to pedicab owners and operators. Pedicab owners and operators are subject to all applicable city, county, state, and federal laws, rules, and regulations. 5.25.200 - Report of accidents. 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 forty4ght. hours thereof give written report thereof to the city clerk. 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. 7 5.25.210 - Minimum age for pedicab operators. It is unlawful for any individual under the age of eighteen to operate a pedicab. 5.25.220 - Driver's license requirement to operate pedicab. 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. 5.25.230 - Business license requirement to operate pedicab. It is unlawful for a person to operate a pedicab without first obtaining a business license from the city. 5.25.240 - Equipment regulations for the operation of pedicabs. A. It is unlawful for any person to operate, or cause to be operated, a pedicab which fails to meet the equipment requirements of Section 5.25.130 of this Chapter. 5.25.250 - Insurance requirements. 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 such person has complied with the provisions of this Section. A. The owner or operator of any pedicab operated under this Chapter must secure his or her ability to answer to any claim for damage to person or property which may arise against him or her by reason of the operation of the pedicab as follows: 1. Public liability insurance in the minimum limits of one hundred thousand dollars for injury or death to any person and three hundred thousand dollars for injury or death of more than one person in the same accident; 2. Public liability insurance for property damage in the minimum amount of fifty thousand dollars for any one occurrence; 3. The policy of insurance is endorsed to provide a hold harmless clause in favor or the city; 4. The policy provides that thirty -days' notice of cancellation of insurance be sent to the city clerk; and 5. A certificate evidencing insurance. shall be filed with the city clerk 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. 5.25.260 - Fare schedule. 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 tide 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. Section 5.25.260(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. 5.25.270 - Right of appeal from denial of issuance of pedicab operating permit or decal. A.. The city clerk shall notify the applicant that the issuance of his or her pedicab operating permit or decal has been denied. The clay clerk shall also notify the applicant of the right to appeal the denial to the city manager. Any written appeal shall be filed with the city clerk within ten 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 city clerk 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 fifteen days after a notice of appeal is filed with the city clerk 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 5.25.290 5.25.280 - Right of appeal from suspension or revocation of pedicab operating permit or decal. A. The city shall notify the pedicab operator or owner that his or her pedicab operating permit or decal has been suspended or revoked. The city clerk 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 ten 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 city clerk in the manner prescribed by the city clerk. 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 5.25.290 5.25.290 - Procedure upon appeal. A. If an applicant served with a notice of denial, suspension, or revocation chooses to appeal, he or she shall file an appeal within ten calendar days from the service of the notice from the city clerk. �9 B. Appeals to the city manager: 1. Any decision of the city clerk which is a denial to issue or a suspension or revocation of any pedicab operating permit or decal shall not become final until fifteen 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 fifteen-day'period. If no appeal is taken before the expiration of the fifteen -day period, the decision of the city clerk 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 city clerk. 3. The city clerk 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 thirty 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 1.10 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 three hundred sixty five days from the date of final action by the hearing officer. 8. If the hearing officer suspends a pedicab operating permit or decal, the city clerk shall determine a period of suspension of not more than thirty days. 9. If the hearing officer's action is to grant or restore a decal or permit, the hearing officer shall direct the city clerk 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. 5.25.300 - Enforcement authority. 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. 5.25.310 - Enforcement remedies. 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. 10 5.25.320 - Strict liability offenses. Violations of this chapter shall be treated as strict liability offenses. 5.25.330 - City held harmless. A decal holder shall, and by acceptance of the decal does, to the maximum extent permitted by law, agree to indemnify and hold harmless the city of Lodi, its officers, employees and agents from any and all damages, claims, liabilities, costs, suits, or other expense resulting from and arising out of the decal holder's operations. 5.25.340 - General pedicab operation. 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 the 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. SECTION 2 No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so: as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this. end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any 11 particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5 Effective: Date and Publication This. ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (1 a5) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a ceffified copy shall be pasted in the office of the City Clerk pursuant to Government Code Section 36933(c)(1). ATTEST: JENNIFER M. FERRAIOLO City Clerk Approved this—day of 12016 MARK CHANDLER Mayor 12 State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1931 was introduced at a regular meeting of the City Council of the City of Lodi held September 21, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1931 was approved and signed by the Mayor on the date of its passage and the some. has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney 13 JENNIFER M. FERRAIOLO City Clerk