HomeMy WebLinkAboutOrdinances - No. 1931ORDINANCE NO. 1931
ANoRDINANCEoFTHELoDICITYcoUNcILAMENDING
LODI MUNICIPAL CODE TITLE 5. PERMITS AND REGULATIONS -
BY REPEALING AND REENACTING CHAPTER 5.25'
.PEDICABS,' IN ITS ENTIRETY
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS
SECTION 1.Lodi Municipal Code Title 5 - Permits and Regulations - is hereby amended by
reenacting Chapter 5.25, "Pedicabs," in its entirety, and shall read as follows:repealing and
CHAPTER 5.25 - PEDICABS
Sections:
5.25.010
5.25.020
5.25.030
5.25.040
5.25.050
5.25.060
5.25.070
5.25.080
5.25.090
5.25.100
5.25.110
5.25.120
5.25.130
5.25.140
5.25.150
5.25.160
5.25.170
5.25.180
5.25.190
5.25.200
5.25.210
5.25.220
5.25.230
5.25.240
5.25.250
5.25.260
5.25.270
5.25.280
5.25.290
5.25.300
5.25.310
5.25.320
5.25.330
5.25.340
Purpose.
Definitions.
Permit Requirements to Operate Pedicab.
Application for Pedicab Operating Permit.
Pedicab Operating Permit Fee.
Duration of Validity of Pedicab Operating Permit.
Pedicab Operating Permit Renewal.
Denial of Pedicab Operating Permit.
Suspension or Revocation of Pedicab Operating Permit'
ldentif¡cat¡on Badges lssued to Pedicab Operators with a Pedicab Operating Permit.
Pedicab Decal.
Application for Pedicab Decal.
Requirements for lssuance of Pedicab Decal.
Pedicab Decal Fee.
Duration of Validity of Pedicab Decal.
Pedicab Decal Renewal.
Denial of Pedicab Decalfor Failure to Comply with Chapter'
Suspension or Revocation of Pedicab Decal.
Other Laws Applicable to Pedicab Owners and Operators'
Report of Accidents.
Minimum Age for Pedicab Operators.
Driver's License Requirement to Operate Pedicab.
Business License Requirement to Operate Pedicab.
Equipment Regulations for the Operation of Pedicabs.
lnsurance Requirements.
Fare Schedule.
Right of Appeal from Denial of lssuance of Pedicab Operating Permit or Decal.
n¡ıf.t otnþbealfrom Suspension or Revocation of Pedicab Operating Permit or Decal.
Procedure Upon APPeal.
Enforcement AuthoritY.
Enforcement Remedies.
Strict Liability Offenses.
City Held Harmless.
General Pedicab OPeration.
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5.25.010 - PurPose'
Thecitycouncilfindsthatregulationsgoverningpedicabs,operators'andownersare
necessary to protect the generat satety anã víefare oipät."ngers 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. ,,ldentification 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 passeng-ers fır transportation or conveyance to any
point within o1. *¡6oi¡t the city for receipt of any form of consideration'
E. "Operator" means any individual who operates a pedicab whether aS an owner' an
emptoyee of thã o*n"?, or as an independent contractor within the city of Lodi'
F. "Owner" means any person whO OWnS, leases, Or OthenruiSe 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, passgngers on seats
attached io in" bicycle, that is operated by a person, and that is being used for
transporting passengers for hire; or
Z. A bicycle (as defined by the California Vehicle Code) that pulls a trailer, sidecar, or
similar device, that trañsports, or is capable of transporting, passengers on seats
attached to the trailer, s¡Oecar, or similår 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 ¿OZ.b(c), which are commonly known as "beer bikes"
and defined as a four-wheeled device t'hat is primarily or exclusively.pedal-powered,
has a seatinj cãpacity for eight or more passengers, cannot t¡ave! in excess of 15
miles per hour, and is being used for transporting passengers for hire- such devices
must be operated as set iorth in California Veh¡cle Code Section 21215 and are
therefore piohibited 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'
l. ,'Person" means both singular and plural, and shall mean any individual' firm'
corporation, association, partnership, or society exclusive of pubiic agencies'
J. ,,police chief,' means the chief of police for the city of Lodi or his or her designee'
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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 óäirit issued by the òity pursuant to this Chapter. Pedicab operating
permits are tñe prop-"riy 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 oe áenied or the pérmit suspended or revoked if the applicant misrepresents, or fails to
disólose, 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, reguìation, 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 ii is issued and must be renewed within 30 days of the date of expiration.
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5.25.070 - Pedicab operating permit renewal
Pedicaboperatingpermitsshallberenewableannuallyuponfilingand.approvalofanew
apprication ano paymãni of a pedicab opeiat¡ng permit fee ãs 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.FailstocomplywiththerequirementsofthisChapter;
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. ls currently required to register pursuant to California Penal Code Section 290;
F. Has been convicted of a crime involving moralturpitude or narcotics; or
G. Has been convicted for hit and run, driving a vehicle recklessly or while under the
influence oiintox¡cating atconãi òr orugs witñin 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
misrepresent"i¡on becomes known after a permit has been issued;
2.Violatesthetrafficlawsofthecity,countyorstate;
3. ls 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. ls convicted or pleads nolo contendere to the violation of any Iaw involving alcohol;
7. ls convicted or pleads nolo contendere to the violation of any law involving moral
turPitude;
g. Operates any vehicle in a manner which constitutes a misdemeanor under the laws of
the State of California; or
g. Repeatedly fails to comply with the applicable provisions of this chapter or the rules
and regulaiions 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 p"t*it of any operator upon the receipt of information
reasonabty sutrrc¡ent än¿ rel¡ãnie to establish-thai the operator has committed a violation of
law involving:
1. A felony;
2. A sex offense;
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3.
4.
5.
Soliciting for Prostitution;
A narcotics offense; or
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 ov ii"áiiuágment of a couri 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- ln 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 - ldentification 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. lt 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. ldentification badges are the property of the city and are not transferable to any other
operator. ln the eùent that an operatois pedicab operating permit is suspended or revoked,
the operator shall also immediaiely surrender the identification badge to the city clerk. ln.the
event of a suspenr¡on, the city clerk shall return the identification badge to its holder
immediately after termination of the suspension period'
5.25.110 - Pedicab decal.
A. lt is unlawful for any owner to lease, rent, or allow a pedicab to be o.perated for hire within
the city withoui tìisi rraving 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. lt is unlawfulfor 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:
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1. The full name and address of the applicant;
Z. 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;
S. Route(s) or area(s) over which the applicant proposes to operate the pedicab; and
6. proof of insurance in accordance with Section 5.25.25A of this Chapter.
5.25.130 - Requirements for issuance of pedicab decal'
pedicab decats will be issued only when a pedicab meets all of the following requirements:
A. A battery-operated headlight capable of proj_ecting a beam of white light for a distance
of three hundred feet shalf be permanently affixed to the pedicab;
B. Battery-operated taillights shall be permanently affixed on the right and the left,
respeótively, at the sãrne level on the rear exterior of the passenger compartment'
taiitigtrts s'hall 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;
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 his/her direction, shall
have the authority, at any timê after displaying proper identification, to enter into or upon any
pedicab for the púrpose of ascertaining whether or not any of the provisions set forth herein are
being violated.
5.25.140 - Pedicab decalfee.
The city shall charge a nonrefundable fee to recover the cost of activities associated with
the adminisiration, 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 renewalfee;
B. Proof of ability to drive lawfully in the United States;
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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 mèet 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 lavufully 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 coverinf-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 reuóked. Such notice shall state any and all reasons for such action, as
well as ali 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 in-volved in any accident
resulting in property damage or personal injury of any kind, shall within forty-eight hours thereof
give wräten'report inereotio the city clerk. A ôopy 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 othenruise required under state law'
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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. lt 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 alltimes'
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. lt is unlawful for any person to operate, or cause to be operated, a pedicab which fails to
meet the equipmeni requirements of Section 5.25.130 of this Chapter'
5.25.250 - I nsurance requirements.
ln 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 dñven or io obtain a permit for its operation under this Chapter
unless and until subh perron 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 ciaim for damage to person or property which may arise
against Nm 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 deátn to any person and three hundred thousand dollars for injury or
déath 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
s. 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 fiame coverêd with clear plastic, or similar material, enclosing a
8
card upon which shall be printed in plain, legible letters the schedule of rates authorized for
carriage in such Pedicab.
B. lt is unlawful for an operator to deceive any passenger who rides in the vehicle, or who
expresses a desire to ride in such vehicle, as to that passenger's destination or the rate to
be charged.
C. lt 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 "gi"åo
upon between the passenger and the operator prior to the beginning
of the tour.
S.2S.Z7O - 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 är decal has been denied.'The city clerk shall also notify the applicant of the right to
äppeat the denial to the city manager. Any written appeal shall be filed with the city clerk
within ten calendar days after servióe of notice of denial. Service shall be by regular postal
service or personal deiivery. The applicant shall set forth in the appeal the reason why the
denial is not proper.
B. tf no appeal is filed within the time allowed, the decisíon 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
appealis 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 decãl 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 bL 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. lf no appeal is filed within the time allowed, the pedicab operating permit or decal shall be
consideied suspended or revoked and the pedicab operator or owner shall immediately
surrender the pãdicab 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 þending the final determination by the hearing officer as set forth in Section
5.25.290
5.25.290 - Procedure uPon aPPeal.
A. lf 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.
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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 peoicab 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 per¡ôã the party to the action may appeal the decision in the manner provided
herein at any iimé pr¡är to the expiration date of.the fifteen-day period. If no appeal is
taken neroie tnã àxp¡rat¡on of the fifteen-day period, the decision of the city clerk shall
be final.
Z. The appeal of any decision shall be in writing signed by the party to the action briefly
setting tortñ tne ¡,""ron, why such decision ié not proper, stating an address at which
the ap=pellant 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 medialor
designated by the city attornãy. The hearing shall be scheduled for not more than thirty
calendar àays atter 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 éuch standards of procedure and evidence as reasonable people would
utilize in the conduct of serious business'
S. 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 interestãO parties. The hearing will be-conducted according to administrative rules
rélating to evidence and witnesses as set forth in Chapter 1 .10 of this code.
7 . lf the hearing officer refuses to issue or restore a pedicab operating.permit or decal, the
party to theäction, or such party's ag9!t, shall not file a new application within three
hundred sixty five days from the date of final action by the hearing officer.
g. tf the hearing officer suspends a pedicab operating permit or decal, the city clerk shall
determine a þeriod of suspension of not more than thirty days.
g. lf the hearing officer's action is to grant or restore a decal or permit, the hearing officer
shall direct tñe 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 fonrard
unáer 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'
5.25.31O - Enforcement remedies.
Any person violating the provisions of this chapter is guilty of an infraction, unless otherwise
noted, iunishable on conviction as set forth in Chapter 1.08 of this code. The city attorney may
also seäk injunctive relief and civil penalties in the superior court for violations of the provisions
of this chapter.
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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 ertent
permitted by law, agree to indemnify and hold harmless the city of Lodi, its officers, employees
ãnd agents tro*
"n'y
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 acc_ording to the pedicab
prouiriont ot'tfr¡s Chaptêr and ihe 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
attenoäo 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 pedic-ab to be used for
unlawful purpoèes 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 óity at such intervãls 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
Chafter must thoroulnty wash each pedicab, when so operated, at least once a week, and
shall also sweep and clean each of the pedicabs daily.
H. lt is unlawful for any person operating, or causing to be operated, any pedicab to permit the
same to remain åtanding upon the street for the purpose of loading or unloading
passengers unless the sidã of the pedicab is within a legal parking stall or other designated
loading zone.
SECTION 2. No Mandatorv Dutv of Care. This ordinance is not intended to and shall not be
@ctinamannerwhichimposesupontheCity,oranyofficeroremployee
thereof, a mañdatory duty of care towards persons or property within the.City or outside of the
City so as to provide a baiis of civil liability for damages, except as otherwise imposed by law.
SECTION 3. Severabilitv, lf any provision of this ordinance or the application thereof to any
@isheldinvalid,suchinvalidityshallnotaffectotherprovisionsor
äpplications of the ordinance which can be given etfect without the invalid provision or
aþþtication. To this end, the provisions of this ordinance are severable. The City Council
Àã'ieOV declares that it would have adopted this ordinance irrespective of the invalidity of any
LL
particular port¡on thereof.
sEcTloN 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
afteritsadoption,@fulltextoftheordinancewithinfifteen(15)days
after its passage, a summary of the ordinance may be published at least five (5) days prior to
and fifteen (1S) days ãfter aáoption by the City Council, and a certified copy shall be posted in
ine otrice of'thé City Ctert< pursuant to Government Code Section 36933(c)(1)'
Approved this 19th day of October, 2016
MARK CHANDLER
Mayor
ATTEST
fr^!^A
NNI FERRAIOLO
Clerk
L2
State of California
County of San Joaquin, ss.
l, Jennifer M. Ferraiolo, city clerk of the city of Lodi, do hereby certify that ordinance No. 1931
was introduced at a regular meetini ät tft" bity Councit of the City of Lodi held
September 2i,201à,ãnO-ürá. tfrereattei passed,.adgpied, and ordered to print at a regular
r.ãi¡.g ôf sai6 Council held October 19, 2016, by the following vote:
AYES couNclL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
I further certify that ordinance No. 1931 was approved and signed by the Mayor on the date of
it. pã.."g"
"åO
tf," same has been published pursuant to law.
^i\A,T!t t"A
NIFER
Clerk
FERRAIOLO
as to Form:
D. MAGDICH
City AttorneY
13