HomeMy WebLinkAboutAgenda Report - May 18, 2016 I-05TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
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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: May 18, 2016
PREPARED BY: City Attorney
RECOMMENDED ACTION: Introduce ordinance amending Lodi Municipal Code Chapters 5.24
and 5.25 by repealing and reenacting Chapter 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 requirements, 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 taxicabs 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. 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
APPROVED:
ephen - r.,Iw- +suer, City Manager
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 Tacks clearly defined health, safety, and inspection standards. To address
these deficiencies, the revised ordinance will require each taxicab to be inspected by the Lodi Police
Department and 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.
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.
FUNDING AVAILABLE: Not applicable.
JohFukasawa
Deputy City Attorney
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 Requirements.
5.24.090 Owner's Permit—Revocation--Grounds.
5.24.100 Owner's Permit—Revocation--Investigation.
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.
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5.24.240 Driver's Permit Renewal.
Article V. Maintenance and Inspection of Taxicabs
5.24.250
5.24.260
5.24.270
5.24.280
5.24.290
5.24.300
5.24.310
Annual Inspection of Taxicabs.
Authority of Police Department to Inspect Taxicabs.
Unsafe or Unsuitable Taxicabs.
Things Deemed to Make a Taxicab Unsafe or Unsuitable.
Cleaning of Interior.
Cleaning of Exterior.
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.
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All applications submitted pursuant to this chapter shall be on a form prescribed by the City
Clerk.
Article 11. - 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 for the current year. Such 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
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 tc2 i:aiure 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, arld 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;
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2. A statement of the actual revenues and expenses of the taxicab business for the
past year; and
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. Applicant possesses a current City of Lodi business license and/or home occupation
permit as required in section 17.36.060.
F. 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:
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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;
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 Sections 5.24.250 and 5.24.260;
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 his their ability to answer to any claim for
damage to person or property which may ariseagainst-14m by reason of the operation of any
vehicle as follows:
A. Public General liability insurance in the minimum limits of not less than one hundred
thousand million dollars for injury or death to any person and three -hundred --thousand
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 Public liability i Insurance for property damage in the minimum sum limits of not less
than fifty thousand dollars; and
G^ 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.
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5.24.090 Owner's Permit—Revocation—Grounds.
The owner's permit required by this chapter may be revoked or suspended if it --appear that
any one or more of the following conditions exist:
A. That any-sf 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. That 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 he the permittee has
become bankrupt;
C.
. - .. tee—ve icle o vehicles have cease$
be fit and proper vehicles to be operated as taxicabc The permittee has failed to
maintain his/her vehicle or vehicles as required in 5.24.250 to 5.24.310; or
D. That The permittee is in violation of any of the provisions of this chapter.
5.24.100 Owner's permit—Revocation—Investigation and Hearin
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 1i�,
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 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 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.
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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 sity resolution of the City Council, as amended from time to time. Fees for o
wner-drivers who pay 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.
B. A person 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 makes-wfitteh-applicatien-4o -rev ew-t --the cho - heGhief of
police rnny having giv n .t, e oensideration for the proper protection of the public health,
safety; -r ar ls, good -order a -general -welfare of the 4R4 abi+a is of +ho ..if., ahei -;pen
evidence of the good -moral charaetei-and re -habil - - - - - - - - - - - - y of -the
above-eeimer
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.
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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 hie the fare to his 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
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 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
employee 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.
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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:
1. 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;
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 suspend, 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;
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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.
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;
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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 5.24.260.
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 costs of inspections shall be paid by the vehicle owner. Proof of
inspection shall be submitted annually with a renewal application.
5.24.260 Authority of Police Department to Inspect Taxicabs.
The chief of police, or any member of the police department under his/her direction, shall
have the right, 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.
The chief of police or designee shall inspect all vehicles subject to the provisions this
chapter prior to issuing or renewing any permit.
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.
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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.
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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.
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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).
Approved this day of , 2016
MARK CHANDLER
ATTEST: Mayor
JENNIFER M. FERRAIOLO
City Clerk
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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 May 18, 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 —
1 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. MA WICH
City Attorney
15
JENNIFER M. FERRAIOLO
City Clerk
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.
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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:
1. A bicycle (as defined by the California Vehicle Code) that has three or more
wheels, that transports, or is capable of transporting, passengers on seats
attached to the bicycle, that is operated by an individual, and that is used for
transporting passengers for receipt of any form of consideration; or
2. A bicycle (as defined by the California Vehicle Code) that pulls a trailer, sidecar, or
similar device, that transports, or is capable of transporting, passengers on seats
attached to the trailer, sidecar, or similar device, that is operated by an individual,
and that is used for transporting passengers for receipt of any form of
consideration.
H. "Pedicab operating permit" means a written permit issued by the City of Lodi
authorizing a person to operate a pedicab.
"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.
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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.
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;
4
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
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.
5
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;
6
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; and
E. Those requirements related to bicycles as set forth in California Vehicle Code Section
21201.
All pedicabs must be inspected by the police department to ensure compliance with the
requirements provided in this section.
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 #era per
end of the calendar year in which they were issued.
5.25.160 Pedicab Decal Renewal.
expire at the
Pedicab decals shall be renewable annually upon filing of a-gew-appt5na}d-payr ►erit-ef
a-pedioab-deoa;-fee. 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.
7
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.
8
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.
9
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.
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.
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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:
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.
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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, 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.
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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
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).
Approved this day of , 2016
MARK CHANDLER
ATTEST: Mayor
JENNIFER M. FERRAIOLO
City Clerk
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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 May 18, 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 —
1 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 a
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JENNIFER M. FERRAIOLO
City Clerk