Chapter 121 — OTHER VEHICLES FOR HIRE

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All other words and phrases shall have the meaning commonly ascribed to them.

MOTOR BUS. Any motor vehicle which is used for the transportation of passengers for hire over and along public streets over fixed routes and on established schedules. Motor vehicles used exclusively as school buses, taxicabs, and limousines, and other automobiles or conveyances transporting passengers, parcels, or packages for hire not over fixed routes or on established schedules, are not to be deemed included in this definition.

PEDICAB. Is defined as any of the following:

(1) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.

(2) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.

(3) A four or more wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11 of the Cal. Vehicle Code.

PERMITTEE. The person to whom a permit shall be granted pursuant to the provisions of this chapter.

(‘63 Code, § 6-8.01) (Ord. 2868, passed 6-6-61; Am. Ord. 886-C.S., passed 6-4-19)

(A) Permit required. It shall be unlawful for any person to engage in the business of operating or causing to be operated for hire any motor bus, pedicab or horse-drawn vehicle to transport persons over and along any public street in the city unless a permit from the Council shall first have been secured or without complying with each and every regulation set forth in this chapter pertaining to the business of operating for hire a motor bus, pedicab or horse-drawn vehicle for the transportation of persons. (‘63 Code, § 6-8.02)

(B) Application. An applicant for a permit to engage in the business of operating a motor bus shall file his application with the City Manager or his designee. The application shall be signed and verified by the applicant and shall contain the following information:

(1) The name and address of the applicant;

(2) The fictitious name, if any, under which the applicant does business or proposes to do business;

(3) The business address of the applicant or business address of the proposed place of business;

(4) The names and residence addresses of all managers, directors, officers, trustees, and/or other individuals connected, or professing to be collected, directly or indirectly, with the business;

(5) A description of the vehicles which the applicant proposes to use, giving the type, make, year of manufacture, and rated seating capacity of each such vehicle;

(6) The number of vehicles proposed to be used;

(7) The color scheme, insignia, name, monogram, or other distinguishing characteristics proposed to be used on such vehicles;

(8) A schedule of rates or fares to be charged;

(9) A description of the route over which the applicant intends to operate, showing schedules of stops and operating time;

(10) A brief statement of facts showing that the public convenience and necessity require the granting of such permit or license;

(11) A statement as to the financial status of the applicant, including the amounts of unpaid judgments against the applicant and the nature of the transaction or acts giving rise to such judgments;

(12) A statement showing the experience of the applicant in the transportation of passengers; and,

(13) An agreement or promise of the applicant to conform to and comply with all the requirements of the permit to be granted, with all of the provisions and requirements of this chapter, and with all valid laws existing from time to time regulating the operation of motor vehicles in the city.

('63 Code, § 6-8.03)

(Ord. 2868, passed 6-6-61; Am. Ord. 232-C.S., passed 7-26-74; Am. Ord. 886-C.S., passed 6-4-19) Penalty, see § 10.99

The permit, when issued, shall state the name and address of the applicant, the number of motor buses, pedicabs or horse drawn carriage which may be operated under the permit, the date of issuance of the permit, and a statement that the permittee is entitled, by reason of the permit so granted, to procure a business license to engage in the business of operating a motor bus, pedicabs or horse drawn carriage on the streets of the city subject to the provisions of this chapter.

(‘63 Code, § 6-8.04) (Ord. 2868, passed 6-6-61; Am. Ord. 886-C.S., passed 6-4-19)

Every person engaging in the business of operating a motor bus, pedicabs or horse drawn carriage shall pay the license fees required under the provisions of Chapter 110 of this title.

(‘63 Code, § 6-8.05) (Ord. 2868, passed 6-6-61; Am. Ord. 886-C.S., passed 6-4-19) Penalty, see § 10.99

In order to secure the safety of the public and in order to insure reasonably adequate service of any such permittee, the permittee shall comply with each and all of the following requirements, the breach of any of which requirements shall be unlawful and shall be cause for the revocation or suspension of such permit in the discretion of the City Manager or his/her designee:

(A) Liability insurance. Before a permit is issued, a certificate of insurance and endorsement will be required naming the City of Eureka as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The City of Eureka, its officers, employees and volunteers shall be named as “additional insureds” by endorsement of the policy. The policy shall not be subject to cancellation or modification until after ten days written notice to the City of Eureka. An original copy of the certificate and endorsements will remain on file with the city.

(B) Worker’s compensation insurance. An applicant shall conform to all applicable federal and state requirements for worker’s compensation insurance for all persons operating under a permit and shall execute a waiver of its subrogation rights against the city.

(C) Compliance with state law. Any motor bus operating under the authority of such permit shall comply with all the provisions established by the laws of the state.

(D) Bus stops. Every motor bus operated under the authority of such permit shall stop to take on and let off passengers at specified points, and wherever provision shall be made therefor by the Council, shall stop next to the curb at spaces reserved for that purpose, and insofar as possible all stops shall be made after crossing intersections.

(E) Safe equipment required. All motor buses shall be under the supervision and control of the City Manager, and no permittee or driver shall operate or permit to be operated any motor bus in the city while some or any of the equipment used therein shall be defective, unsafe, or in an insanitary condition, and every motor bus shall be at all times subject to the inspection of any officer of the city.

(‘63 Code, § 6-8.06) (Ord. 2868, passed 6-6-61; Am. Ord. 490-C.S., passed 3-11-89; Am. Ord. 886-C.S., passed 6-4-19) Penalty, see § 10.99

(A) Schedules of routes and fares. The schedules as to routes, stopping places, operating times, and rates or fares which accompany the application shall be approved by the City Manager and shall not be amended or varied from except with the consent of or by order of the City Manager. The City Manager or designee may from time to time review such schedules as to

routes, stopping places, operating times, and rates or fares and may, based upon its findings on the question of reasonableness and uniformity, order changes therein which shall be complied with. The permittee shall at all times operate motor buses in conformity with the schedules from time to time in force, except when prevented from so doing by strikes, storms, destruction of property, acts of God, or other unavoidable causes. In the event of emergencies the City Manager reserves the right to order temporary routing or to suspend operations. (‘63 Code, § 6-8.07)

(B) Completion of routes. Every motor bus operated under a permit issued by the Council shall proceed to the terminus of the route before returning to the leaving station, except when rendered inoperative by accident, breakage, or lack of motor power. (‘63 Code, § 6-8.08)

(Ord. 2868, passed 6-6-61; Am. Ord. 886-C.S., passed 6-4-19) Penalty, see § 10.99

(A) Inoperation. If any permittee shall for any consecutive period of more than 30 days fail to operate motor buses, pedicab or horse drawn carriage as specified in his permit, unless excused by some or any of the circumstances specified in § 121.06(A) of this chapter, the City Manager or designee may at its option revoke or suspend such permit. (‘63 Code, § 6-8.09)

(B) Violation; hearing. Violation by the permittee of any of the terms or conditions of such permit or of this chapter shall be cause for the revocation or suspension of the permit by the City Manager for any alleged violation of the terms of the permit or of this chapter. The permittee shall be entitled to a public hearing before the Council. Written notice of such public hearing shall be served upon the permittee not less than ten days before the time fixed for the public hearing. (‘63 Code, § 6-8.10) (Ord. 2868, passed 6-6-61; Am. Ord. 886-C.S., passed 6-4-19)

The holder of any permit may surrender the same at any time and discontinue the operation of such motor bus, pedicab or horse drawn carriage by giving 30 days’ previous notice to the City of the proposed surrender of the same, and after the expiration of the period of 30 days, the permit shall become ineffectual, and the holder thereof shall be under no further obligation to maintain motor bus, pedicab or horse drawn carriage service in the city.

(‘63 Code, § 6-8.11) (Ord. 2868, passed 6-6-61; Am. Ord. 886-C.S., passed 6-4-19)

Any permit granted or issued shall entitle the permittee thereof to operate motor buses, pedicab or horse drawn carriage either personally or by his employees, agents, and representatives.

(‘63 Code, § 6-8.12) (Ord. 2868, passed 6-6-61; Am. Ord. 886-C.S., passed 6-4-19)

Any permit granted pursuant to the provisions of this chapter may be assigned by the permittee thereof to any other person; provided, however, as a condition to the effectiveness of such assignment notification to the City Manager or designee and all provisions of this chapter are met.

(‘63 Code, § 6-8.13) (Ord. 2868, passed 6-6-61; Am. Ord. 886-C.S., passed 6-4-19)

Nothing contained in this chapter, nor in any permit issued pursuant hereto, shall be construed as limiting or restricting the power of the city through its Council to grant permits to more than one person if in the judgment of the Council, the public convenience and necessity require the granting of additional permits to additional applicants.

(‘63 Code, § 6-8.14) (Ord. 2868, passed 6-6-61; Am. Ord. 886-C.S., passed 6-4-19)

Applicants for permits to engage in, and every person engaging in the business of operating for hire horse-drawn vehicles for the transportation of persons over and along any public street in the city shall comply with all of the provisions of this chapter, except those provisions which by their very nature can have no application, and with the terms or conditions of any permit granted pursuant to the provisions of this chapter. The City Manager or designee shall have the authority to include in any such permit such terms and conditions relating to the operation of horse-drawn vehicles as may be reasonably necessary to protect the public health and safety and which will promote the public welfare.

(‘63 Code, § 6-8.15) (Ord. 232-C.S., passed 7-26-74; Am. Ord. 886- C.S., passed 6-4-19)

Applicants for permits to engage in and every person engaging in the business of operating pedicabs, as defined by Section 467.5 of the California Vehicle Code, for the transportation of persons over and along any public street in the city shall comply with all of the provision of this chapter and as defined in Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11 of the California Vehicle Code.

(Ord. 886-C.S., passed 6-4-19)

(A) The consumption of alcoholic beverages on a four or more wheeled pedicab is subject to the regulations set forth in this section.

(B) An onboard safety monitor who is 21 years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the multi wheeled pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with section 23152) of Chapter 12 of Division 11 of the California Vehicle Code during the operation of the four or more wheeled pedicab.

(C) Both the operator and the onboard safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control. Operators and onboard safety monitors must carry proof of completion of a LEAD or LEAD equivalent certification.

(D) Alcoholic beverages shall not be provided by the operator or onboard safety monitor of the multi wheeled pedicab or any employee or agent of the operator or onboard safety monitor. Alcoholic beverages may only be supplied by the passengers of the multi wheeled pedicab. All alcoholic beverages supplied by passengers of the multi wheeled pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the four-wheeled pedicab.

(E) Alcoholic beverages may be consumed by a passenger of the multi wheeled pedicab only while he or she is physically on board and within the four-wheeled pedicab.

(F) Alcoholic beverages allowed on board the multi wheeled pedicab are beer in non-glass containers are limited as follows per passenger:

(1) Thirty-six ounces of alcoholic beverages containing 7% ABV or less.

• (2) Eighteen ounces of alcoholic beverage containing between 7%-18% ABV.

(G) No hard liquor, pre-mixed drinks, or gelatin-based alcohol shots are permitted on the multi-wheeled pedicab at any time.

(H) All passengers shall be 21 years of age or older if alcohol is consumed during operation of the multi-wheeled pedicab.

(I) For purposes of this section, passengers who are pedaling are not operators of the multi-wheeled pedicab.

(J) A license or permit from the Department of Alcoholic Beverages Control is not required of the operator or onboard safety monitor, so long as neither they, nor their employees or agents sell, serve, or furnish any alcoholic beverage to any passenger. (Ord. 886-C.S., passed 6-4-19)