Loading...
HomeMy WebLinkAboutOrdinances - No. 1783-1- ~.2~’~i~ P~~pose. The City Counci~ finds that regula~ion$ governing pedicabs, operators, and owners are necessary to protec~ ihe Beneral ~afety and welfare of passengers using pedicabs for hire and pedestrian^ within the City. For purposes of this Chapter, the following terms are defined as follows: C. E. F. w, I. 3. lerk” means the ity Clerk for the City of Lodi or his or her designee. “~eca~ mea~s the numbered decal issued by the City of Lodi to a pedicab owner for display on the pedicab to in~icate that the pedicab is permitted to operate. ge” means a badge that identifies the operator with a color 0. operates with the city” means the soliciting, accepting, picking-up, or embarking city of a passen~er or pa$sengers for transpo~ation or conveyance to any point within or withou~ the city for receipl of any form of cons~deration. “0 y individual who operates a pedicab whether as an owner, an owner, or as an independent contractor within the City of Lo&. “Owner” means any person who owns, leases, or otherwise has possession of B bicycle (as defined by the aliforni~ Vehicle Code) that has three or more wheels, that transpo~s, or is capable of transpo~ing, p seats attached to the bicycle, that is operated by an individ~ used for transpo~ing passen~ers for receipt of any form of or 2. A le (as defined by the Cali~orni~ ~ehicle that pulls a trailer, ble of transpo~ing, or similar device, that nspo~ing passen 51 passengers on seats is operated by an ind for receipt of any for , or similar devi~e, that transpo~s, or i erating permit” means a written permit issued by the City of Lodi person to ope~at “Person” means both si cor~oration~ association, lar and plural, and shall mean any individual, firm, nership, or society exclusive of public agencies. hi&“ means the Chief of Police for the City of Lodi or his or her r any person to operate a pedicab within the city without first having peratiRg permit issued by the city pursuant lo this chapter. Pedicab re the properly of the city and are not transferable to any other 5.~5~04~ Appl~cation for Pe~!cab A. c. opera tin^ a pedicab, an applicant shall apply for a pedicab operating rating permit application form shall be in form prescribed by the city clerk. icanl shall provide the following IRformation to comple~e the application th or af~irm~~ion: 1. The applican~s full name nd residence address; pplic~nt's date pplicant's valid licant shall provide the following ma~~rial to complet~ the application: ~hoiographs~ and lerk may require to evaluate the fitness of wa~ning that the tion for a pedicab not reapply for a ays from the date cover the cost of nce of pedicab operati ivities associated with permits as may from time to lime be deter 3 5.25.060 ~ura~ion of Validity of Pedicab Pedicab ~pera~~ errnits shall be valid ng permit^ shall be ~en~~abJe annually upon filing and approval of a new payment of a pedicab opera tin^ perrnit fee as determined by the city 5.080 Denial of Pedicab Opera~ing Permit. The city clerk may eny issuance of a pedicab operating permit if an applicant: A. , c. D. E. F. Fails to omp ply with the requirements of this chapter; ~isrepre§~n~s facts relevant to the fitness of the applicant; oes not possess a valid driver’s license issued by State of Has any type of driving restriction^ issued by the State of California; Is ~u~rently req~ired to f~~i§ter pursuant to ~alifornia Penal Code section 290; Has been ~onvicte~ of a crime involv~ng moral turpitude or na~co~~~~ or vehicle recklessly or while under the hin the seven (7) years immediately cab o~erating permit. ion or ~evoca~ion of P~dicab aperating Permit d, for a period not to exceed thirty (30) days, and may isrepresents facts relevant to the fitness of the operator if such per mi^ if the opera?or: ~is~ep~esentation becomes known after a permit has been issu~d; tes ?he traffic laws of the City, ~ounty or 3. 4. Is conv~cted for misd meanor rec~te~s driving; Drives a pedic b known to the oper~~or not ?o be in ood order and 5. rial and relevant facts on an a 6. Is ~onvicted or plea s nolo contend~re to the violation of any law invotv~ng alcohol; 7, Is convicted or pleads nolo contendere to the viola~ion of any law moral tu~pitude: 8. perates any vehicle in a manner which constitutes a misdemeanor ~nder the laws of the 9. eatedly fails to comply with the applicable provis~ons of this chapter or ules and regula~ions p~escribed by the city clerk. , The city clerk shall immediately suspend, for a period not to exceed thirty (30) nd may revoke a pedicab operating permit of any operator upon the of info~mation rea~onabiy sufficient and reliable to establish that the r has commi~ed a violat~on of law involving: 1. felony; 2. sex offense; e issued by the State of ~aiifornia eith k shall i~mediately revoke the pedicab operating permit if that been found g~~l~y by final ~udgment of a court of competent a violation of the law involvin . Afelony; sex e; olicit' prostitution; or 4. A narco~ics o~ense. nsion or revocation, the ape~ator shall im rk. In the even permit to its o iately surrender the uspension, the city r immediately after terfliinatia~ of the ~uspensio~ period. adges issued to Pedicab Operators With a Pedicab ~perating ssue an identifi d a pedi~ab op badge lo an individual after that individual ~ ~~~1~ the p~djcab is in ~perati~n, the pedicab operator shall wear the identifi~ation bad e at all limes on his or her person, in a manner clearly visible to the public. It shall be unla~ul for a pedicab operator to fail to w r an identifi~tion badge, C. ~a~ne~ clearly visible to the public, while operati , lden~ification badges are the prope~y of the city and are not transferable to any other ope~ator. In the event that an operaior’s pedicab operating permit is su~pended or revoked, the operator shall also immediatel~ surrender the iden~i~ica~ion badge to the ciiy clerk. In the event of a suspensiofl, the city clerk shall re~urn the identification ~adge to its holder immediately after terminatiofl of the suspens~on period. 5.25.1 18 ~ed~cab e unla~ul for any owner to lease, rent, or allow a pedicab to be operated ithin the city wi~hout first having obtained a decal issued pursuaflt to this c~iapte~. Ihe decal shall be a~~ixe~ to the pedicab on the rear or back side of the pedicab in a manner clearly visible to the public. It shall be unlawful fof any person to operate a pedicab that does not have a valid I c. ecais are the prop^^^ of the city and are not transferable to any other pedicab. 5.120 A~~tication for P A. Before al~~w~n pedicab decal. a ~e~~cab to be operated for hire, an owner shall obtain a dicab decal application form shall be prescribed by the city clerk. The ap~l~cant shall provide the following information to complete the appli~tiofl: 1. 2. The name an address of all legal and re gist ere^ owners of the . The full name and address of the applicant: ~edicab; 3. desc~iption of pedicab, inch trade name, if any, serial mber or owner id i~ication n~rnbe~~ cap~city of the pedica~: a~ea~$) over which the applicant proposes to operate the 6. roof of insurance in accordance with Section ~.25.25~ of this Chapter. equirements for Issuance of ~edica~ decals will be issued only when a pedicab meets all of the followin fequireme~~s: A. A ~a~te~-o t capa~le of proje iflg a beam of white light for a pe~manent~y affixe to the pedicab: operated taill~gh~s shall be permanen~ly affixed on the right and the left, vely, at the same level on the rear exterior of the passenger compa~ment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab^ Side-~ount d rearview ~irrors affixed to the right and left side of the pedicab so located as to reflect to the driver a view of the street for a distance of at least 200 feet to the rear of the pedicab. Seat belts for each available ~as~enger seat; and Those re~u~r~men~s related to bicycles as set forth in California Vehicle Code , . . refundable fee to recover the cost of activities associated nce of pedicab decals. ~edicab decals shaii be valid for a period of one year from date of issuance. ble annually upon filin of a new application and r Failure to Comply with Chap~er. pedica~ decal if the city clerk determines that the pedicab does not meet the re~ui~ements of this chapte~ or applicable state law. uspension or Revocation of Pedicab ecals may be suspended by the city clerk for a period of one to thirty days or revoked at any time if the awner: 11s to comply with the applicable provisions of this chapter; to maintain in~urance as required 3. Fails to notify the city clerk thirty (30) days prior to the effective date of lia~ility insurance cancell Fails to majntain pedicabs in good order and repair as prescribed herein; ~rovides false statements on an applicatio~ for a decal; 4. . 6. Fails to pay an ly assessed upon the owners hi^ or opera~ion of I this chaptet; or 7 7. Violates any of the provisions of this chapter or any applicable city, state, or federal laws, rules, or regulations. ecals which have been suspended shall fo~hwith be erk for a period covering the term of suspension. The c decal to its holder immediatel~ aRer termination of the su Decals which have been revoked shall fo~h~ith be surrendered to the city clerk by the ~ol~er ~he~eof. rrendered to the city clerk shall return fhe C. clerk shall notify in wr~~ing and by ce~ified mail, any decal holder whose as been suspended or revok@d. Such notice shall state any and all ~e~s~ns for such action as well as all laws or re ulations violated by the decal hol~er. ther Laws Applicabl~ lo ~~dicab wners and Operators. ~edicab owne~s and operators are subject to all applicable city, county, state, and Each holder of a pedicab decal and pedicab operatin permit involved in any accident y dama~e or person~l injury of any kind, shall within forty-ei~h~ (48) written report the to the city clerk. A copy of a report required all be d~e~ed su ent for such purposes; ~the~ise, such report shall contain all information required with respect lo reports othe~ise required under state law. it is unla~ul for any individual under th hteen to operate a pedicab. equiremen~ lo p per ate Pedica A. It is unla~~i for any ind~vidual without a motor vehicle drive~'s license issued by the Stale of ~ali~ornia lo operat@ any ped~cab within the city. While the p~djcab is in operatiofl~ the ~ed~cab operator shall have his or her valid drive^'^ license on his or her p~rsofl at all times. usine$s License ~equireme~t to perate Pedicab . It shall be unla ul for a person to operate a pedicab without first obtaining a business license from the city. egulations far the peration of ~edicabs" A. it shall be ~f~la~ul for any person to opera^^, or cause to be opera~ed, a pedicab which fails to meet th ~quip~ent requirements of s of this chapter. ~.2~.~~0 Insurance ~equirements. safety of the public, it is unla~ul for any person who owns a pedicab to or driven or to obta~n a per~it for its opera~ion under this chapter unless s complied with the provisions of this section. ~ The owner or operator of any pedicab operated under this chapter must secure his or her ability to answer to any claim for dama to person or property which may arise agains~ him or her by reason of the operation said pedicab as follows: I, Pubiic liability insurance in the minimum limits of $100,~00 for injury or death to erson and $~00,000 for injury or death of more than one person in the Fubi~c liability insurance for property damage in the minimum amount of $50,000 for any one occurrence; The policy of insurence IS endorsed lo provide a hold harmless clause in favor or the city; The policy provide that 30-days notice of cancellation of insurance be sent to the city clerk; and A cerlifica~e evidencing insurance shall be filed with the City Clerk and the risk the city, and must name the city, its officers, agents and employees . 3. 4. 5. , The insu uired under this section shall remain in full force, at a level at le um requiremen~s set forlh above, or the pedicab decal will be subj or suspension ~ursuant to this chaptef. A. icab shall have permanently affixe~ to the outside thereof, in a place readily t be seen by passengers, a frame covered with clear plastic, or similar material, enclosi on which shall be printed in plain, legible letters the schedule of rat for carrta~e in such p~dicab. It IS unla~ul for an operator to deceive any passenger who rides in the vehicle, or who sire to ride in such vehicl t passen~~r’$ destinat~on or the rate uI for any op~rator to demand from a passenger a fare greater than the fare n the posted fare schedule. does not apply to fares for special tours, p~ovided that the fare for our is agr~ed upon between the passen er and the ope?ator prior to the D. ,270 Right of Appeal from Denial of Issuance of Pedicab perating 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 r to appeal the denial to the city ma clerk within ten (10) calendar day regular postal service or per nal delivery. The applicant shall set forth in the appeal the reason why the denial is not r. Any written appeal shall service of notice of denial. eal is filed within the time allowed, the decision of the city clerk to not issue the permit or decal shall be considered final. shall direct an appeal to be heard within fifteen (15) days after a notice ith the city clerk as required by this section. in in effect until a duty filed appeal is heard by a hearin forth in section 5.~5"~90. ppeal from ~usp~nsion of Revoea~~on af Pedicab Operating Permit or Decal. The city shall notify the pedlcab operator or owner that his or her pedicab opefating permit or decal has been suspen ed or ~evoked. The city clerk shall also notify the pe~icab owne~ or operator of the ri ht to appeal the suspension or revocation to the city ~anager. Any written appeal shall be filed within ten (10) calendaf days after service of n~tice of ~~spension or fe~ocation, The pedicab operatof or owner shall set forth in the appeal the reason why the suspension or revocation is not proper. . IS filed wiihin th time allowed, the pedicab operating permit or decal shall ed suspended OF voked and the pedicab opera to^ or owner shall operating permit or decal to the city clerk in the immediately surrendef the pedi manner prescribed by the city el Once a timely appeal IS filed, the suspension or revocation of the operating permit or decal shall be stayed pendin the final determination by the hearing officer as set forth in sec~ion (. ~rocedure Upon notice of deni 1) suspenslon, or revocation chooses to al within ten (10) calendar d ys from the service of . Appe~~s to th 1. ~ny decision of the city clerk which is a denial to issue or a s~spension or ation of any pedicab operating permit or decal shall not become final until (15) days after the dale d by such decisio~, durin transmi~al of the written notice to the per hich period the party to the action may app the deci~ion in the mannef provided herein at any time prior to the expl~ation d Of the f re the expiration of fifteen ( (15) day period. If no appeal is taken b y period, the decis~on of the city clerk shall I0 2. The appeal of any decision shall be in writ in^ signed by the party to the action ~riefl~ setting forth the reasons why such decis~on is not proper, stating an address at which the appellant will receive notices and filed with the city clerk. The city clerk shall upon receipt of the appeal set the matter for hearing before a hear in^ officer. The hearing officer shall be an attorney or recognized mediator nat~d by the city attorney. The hearing shall be scheduled for not more than (30) calendar days after receipt of the appeal unless a longer time is 3. requested or consented to by the ~p~ellan~. The hearing shall not be conducted under the formal Rules of Evidence, but shall be subject lo such standsrds of procedure and evidence as reasonable peop~e woul~ utilize in the conduct of serious business. The appellant (or a representative) shall have the right to present his or her case in person. officer shall consider the case record as well as any state men^ 4. 5. parties. The hearing will be conducted accordi e rules re~ating to evidence and wi~nesses as set forth in 6 7. If the hearing officer refuses to issue or restore a pedicab operating permit or tty to the action, or such party’s agent, shall not file a new application within three h~ndr~d sixty five (365) days from the date of final action by the he~iing officer. If the hearing offic@r suspends a pedicab opera~ing permit or decal, the city clerk sh rmine a period of suspension of not more than thirty (30) days. . officer’s action is to grant or restore a decal or permit, the hearin rect the city clerk to issue or restore the certificate or license. C. Any pa satisfied with the decision of the hearing officer may carry the matter for under ovisions for administrative mandamus (Code of Civil Procedu~e Se ~~~~.5) as it now exists or may later be amended. orce the provisions of this chapter. The city may Any person violat~n of this chapter is guilty an infraction, unless otherwise s set forth in Chap~er I. of this code. The city attorney civil ~enal~ies in the superior court for violations of the Viol~tions of this chapt~r shall be trea~ed as strict liability offe~ses. 11 cai holder shall, and by acceptance of the decal does, agree to hereby inde~n~fy and the City of iodi, its office~s, employees and a~ents from any and all damages, claims, liabil~~ies, costs, suits, or other expense resultin from and arising out of said decal holder's operations. A. C. F. Any ~e~ic~b pcfmit~ed 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 ~o~c~ning the operation of bicycles. ach op~rator shall carry in the vehicle a current m p of the city. Upon request, the operator shall make the map availa fe to the passen Every pcdica~ while in op~ration for the solicitation or transpo~ation of passengers all times except when such operator is actually the vehicle, or in answering telephones in conne~~ion with the business. n operator shall not leave the pedicab operating permit in an unattended or unsecu~ed pedic No owner or operator of pedicab shall knowin ly permit such pedicab to be used for unla~ul purposes or knowingly to rans sport persons therein to places for such pufposes. Vioi~tion of this provislon is a misdemeanor under this Chapter. Every ped~cab aperat under this ~hapter must be inspected by the police d@pa~ment for the city uch intervals as may be established by the chief of police, to insure the contiflued mainten of safe operatin on own in^ or operati r causing to be operated, any pedicab under this so operated~ at least once a st thoroughly wash each pedicab, wh hall also swe~p and clean each of said It shall be unla~ul for to permit the sam~ to person operating, or causing to be ope ain standing upon the street for the pur less the side of the pedicab is within a le parts of ordinances in conflict h~rewi~h are repeated . No ~andato~ Duty of Care. This ordinance is not intended to and shall not manner which imposes upon the City, or any ~ffi~~r or mandatory duty of care towards persons or prope~ within the City or as to provi~@ a basis of civil liabil~ty for damag~s, except as othe~ise ~rovision of this ordinance or the applicaiion thereof to d, such ~nvalidi~y shall not affect other provisions be given effect without the invalid provision or ions of this ordin~nc~ are severa~le. The City Council dopted this o~dinanc~ i~respectiv~ of the invalidi~ of any or circums~ances is held in 1 ce shall be publi~hed one time in the “Lodi News-Sentinel,” a ~irculatiGn printed and published in the City of Lodi, and shall take effect thirty days from and after its pa~$a e and approval. Approved this 13’~ day of September, 2006 ttest: pprov~~ as to F~rm: R ,’ 1