Hanford Municipal Code Ch. 5.40 Pedicabs

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Passenger for hire"

means a person transported in a pedicab for consideration or pay.

"Pedicab"

means a multi-wheeled, hooded or unhooded, passenger rickshaw-type vehicle with a minimum of three wheels pulled or propelled by any person, which vehicle is used in the movement of passengers or property for hire on the public highways and which is directed to a destination by the passenger for hire or on his behalf and which operates on call, demand or on a schedule.

"Pedicab operator"

means a person directly responsible for the observance of all traffic regulations and the safe operation of the pedicab while traveling or parking within the public right-of-way.

(Prior code § 5-16.01)

A. It is unlawful for any person to operate or cause to be operated, any pedicab business for hire upon any public street in the city without first obtaining the permit required by this chapter; a business license pursuant to Chapters 5.04 and 5.08; and a bicycle license pursuant to Chapter 10.60.

B. Any person desiring to obtain a permit for a pedicab business shall pay a fee in the amount fixed by resolution of the council to the director of finance and obtain the business license for such business and standard bicycle license for each pedicab as required by subsection A of this section.

C. The application for such pedicab business license shall be upon such form and shall contain such information as required by the director of finance.

D. No license for a pedicab business shall be issued by the director of finance unless proof of insurance coverage as required by Section 5.40.070 of this chapter is submitted by the applicant.

(Prior code § 5-16.02)

The following reasons shall be deemed sufficient for the denial of the permit required by this chapter:

A. The application is not in the form and does not contain the information required;

B. The pedicab described is inadequate or unsafe as determined by the police chief or his authorized representative;

C. The color scheme, name or insignia used tends to be misleading or tends to defraud the public;

D. The applicant, at some prior time, has had a permit for the operation of a pedicab or taxicab service denied or revoked; or

E. It appears to the council that there is a sufficient number of pedicabs, taxicabs and vehicles for hire in the city to fully serve the public and additional permits would unduly congest traffic.

(Prior code § 5-16.03)

An applicant for a pedicab permit or a holder of a pedicab permit, may apply for a pedicab stand at a definite location, which proposed stand location shall first be approved by the council prior to installation.

A. If such proposed pedicab stand is in the public street, the application shall be accompanied by the written consent of all the occupants of the ground floor of any building in front of which such pedicab is to be located and for 25 feet each way; if there is no such occupant, written consent by the owner or lessee of such building shall be required.

B. The location of the proposed pedicab stand shall be such as to not congest or interfere with travel on any public street, nor shall such proposed pedicab stand be placed within 300 feet of any other stand.

(Prior code § 5-16.04)

A. Each applicant for a pedicab permit shall submit to the council prior to the issuance of a permit the rates and/or fares intended to be charged by the holder of the pedicab permit.

B. Any change in the rates and/or fares shall be approved by the council prior to instituting any change in the rates and/or fares having the prior approval of the council.

(Prior code § 5-16.05)

A. Permission shall be obtained in writing from the police chief or his duly authorized representative prior to driving a pedicab on city streets for hire.

B. No permission shall be given to the following persons:

1. Any person under the age of 18 years and who has not obtained a valid State Class III driver's license;

2. Any person who has been convicted of a felony or crime involving moral turpitude; and

3. Any person convicted of reckless driving or driving under the influence of intoxicating liquor or narcotics.

(Prior code § 5-16.06)

Minimum insurance coverage shall be carried at all times during the term of the issuance of a pedicab permit in the minimal amounts of $100,000 because of bodily injuries to or the death of one person in any accident, $300,000 because of bodily injuries to or the death of two or more persons in one accident and property damage insurance in the amount of fifty thousand dollars ($50,000.00) dollars.

Evidence of such insurance coverage shall be submitted to the director of finance by the applicant for such pedicab permit prior to the issuance of such permit.

(Prior code § 5-16.07)

The following rules and regulations shall apply to persons operating pedicabs and pedicabs operated upon the public streets of the city:

A. Any person operating a pedicab shall wear a distinctive hat or cap, with a badge in plain sight, inscribed with the name of the person to whom permission has been granted to operate the pedicab.

B. All pedicabs, while carrying passengers, shall come to a full stop within 30 feet of the nearest railroad track or tracks, where no gates are maintained before crossing such track or tracks.

C. Pedicabs shall be subject to all the provisions of the latest edition of the Vehicle Code of the state where applicable.

D. No pedicab shall be operated on any sidewalk except:

1. While in motion on a sidewalk, a pedicab shall be walked by its operator; and

2. No pedicab shall be stopped, parked or left standing, whether attended or unattended, on any sidewalk for any purpose, except in an authorized pedicab stand area. All portions of the pedicab shall be within the marked pedicab stand while so stopped, parked or left standing.

E. No person shall back a pedicab from a public street into a fixed pedicab stand where it is otherwise legally possible to maneuver such pedicab so as to thereafter emerge from such fixed stand without backing onto the public street.

F. There shall be no more than two passengers to a pedicab at any one time who shall remain seated throughout the ride.

G. An additional passenger shall not be picked up without the consent of the other passenger for hire already in the pedicab.

H. Pedicabs shall not be parked on public property except in those locations specifically designated as "Road Pedicab Stands" or in any other location designed for the parking of vehicles.

I. "Pedicabs shall not be operated side by side to or abreast of, each other at any time, except when passing.

J. Pedicabs shall not violate pedestrian rights-of-way at any time.

K. No person shall use any pedicab upon the public streets unless it is equipped with a bell or any other device, (except a siren or a whistle which shall be prohibited) capable of giving a signal audible for a distance of at least 100 feet.

L. No pedicab shall remain standing upon any portion of any public street except for loading and unloading passengers, (and then not for a period of more than five minutes) except at such pedicab stand as may be designated by the council and described in the application for a permit.

M. No owner or operator of any pedicab for hire or pedicab business shall indulge in unfair competition with competitors or commit any fraud upon the public or other persons engaged in the same business. The council shall be the sole judge of what constitutes fraud or unfair competition pursuant to the provisions of this subsection. Any complaint or violation of the provisions of this section shall only be heard upon a written complaint, specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths.

(Prior code § 5-16.08)

No vehicle shall be operated as a pedicab for hire unless it is in a reasonably clean and safe condition inside, as well as externally, so as not to injure or damage the person, clothing or possessions of a passenger. The vehicle's exterior shall be reasonably clean and shall be essentially free from cracks, breaks and major dents. The vehicle shall be painted to provide adequate protection and a neat and clean appearance. Repairs done to comply with this section shall be done within a reasonable time based on the availability of parts and labor. Each pedicab, while on a public street, shall carry a battery- or generator-operated headlight and taillight. Pedicab vehicles shall also comply with any other requirements imposed upon them by the police chief or his representative.

(Prior code § 5-16.09)

Except during a council approved function and/or lack of another route by city streets, the following streets or portions thereof shall be restricted from pedicab or pedicab for hire usage:

A. Grangeville Boulevard between 10th Avenue and Rodgers Road; and

B. 10th Avenue between Sixth Street and Grangeville Boulevard.

(Prior code § 5-16.10)

Any pedicab permit granted pursuant to the provisions of this chapter may be revoked by the council, either as a whole or as to any or all vehicles described therein or as to the right to use any distinctive color monogram or insignia, after 30 days' notice to the permittee requiring him to appear at a certain time and place to show cause why the permit should not be revoked, for any of the following reasons:

A. That the insurance provided for in Section 5.40.070 has not been given or has been withdrawn or has lapsed for the nonpayment of the premium or is not in force for any reason;

B. For the nonpayment of any fee provided by this chapter;

C. For failure to observe any of the rules, regulations or provisions set forth in this chapter;

D. For the violation of any law of the state or city by any permittee, operator or driver of a pedicab for hire or pedicab;

E. For failure to maintain satisfactory service to the public by means of any of the vehicles described in the permit or for failure to keep any such vehicles in use for any reasonable length of time or for failure to use a distinctive color monogram or insignia described in the application; or

F. For any cause which, in the opinion of the council, makes it contrary to the public interests, convenience and necessity for the permit to be continued.

(Prior code § 5-16.11)

A. No permit issued pursuant to the provisions of this chapter shall be transferable, either by contract or operation of law, without the permission of the council having been first obtained and any such attempt to transfer shall be sufficient cause for the revocation thereof.

B. No person shall be entitled to hold more than one permit at a time, either as an individual or as a member of a copartnership, stockholder or officer of a corporation or under a fictitious name or otherwise.

C. The council shall determine the number of pedicabs to be operated on the public streets of the city at any one time. Such number shall not exceed six, unless otherwise approved by the council.

(Prior code § 5-16.12)

It is unlawful for any person to refuse to pay the legal fare for the hire of any pedicab for hire with the intent to defraud the person from whom it is hired.

(Prior code § 5-16.13)

Violations of the provisions of this chapter shall be deemed infractions and shall be punishable therefor as provided by law and violations of this chapter shall further be grounds for the revocation of the pedicab permit.

(Prior code § 5-16.14)