Hermosa Beach Municipal Code Ch. 5.76 Pedicab Operations

Contents:

5.76.010 Purpose.

5.76.020 Definitions.

5.76.030 Authorization.

5.76.040 Rules and regulations.

5.76.050 Pedicab service permit required.

5.76.060 Pedicab driver permit required.

5.76.070 Pedicab decal required.

5.76.080 Denial, suspension, or revocation of pedicab service permit, pedicab driver permit, or pedicab decal–Appeal procedure.

5.76.090 Pedicab parking.

5.76.100 Pedicab operations.

5.76.110 Fees and permits.

5.76.120 Transfers.

5.76.130 Expiration–Renewal.

5.76.140 Enforcement.

The purpose of this chapter is to provide rules and regulations governing the operation and licensing of pedicab businesses, drivers, and devices. (Ord. 18-1383 §2(part), 2018)

The following words or phrases as used in this chapter shall have the following meanings:

Pedicab has the same meaning as the term that is defined by the California Vehicle Code Sections 467.5(a) and (b).

Pedicab decal means a nontransferable authorization, affixed to the pedicab by the city, for a pedicab device to be operated in the city.

Pedicab driver permit means a nontransferable authorization for a person to provide pedicab services in the city by operating the pedicab device.

Pedicab service means a person that has been issued a pedicab service permit and a business license to operate a pedicab business in the city.

Pedicab service permit means a nontransferable authorization for operation of a pedicab business pursuant to the provisions of this chapter.

Person means and includes both singular and plural, and means and includes any individual, firm, corporation, association, partnership, or business entity, exclusive of public agencies. (Ord. 18-1383 §2(part), 2018)

Only a pedicab that meets the definition of California Vehicle Code Section 467.5(a) or (b) shall be authorized to operate within the city. For clarity purposes, a pedicab as defined in California Vehicle Code Section 467.5(c) is not authorized to operate within the city. (Ord. 18-1383 §2(part), 2018)

The city manager, or designee, is authorized to adopt rules and regulations consistent with this code and necessary to implement this chapter. Such rules and regulations may include, but are not limited to, provisions governing: pedicab service and safety; pedicab vehicle equipment standards; conditions and qualifications of applicants for pedicab service permits, pedicab driver permits, and pedicab decals; and the responsibilities of the person who provides pedicab services and the pedicab driver.

Such rules and regulations shall be filed in the office of the city clerk where they shall be made available for inspection by the public.

Violations of rules and regulations issued pursuant to this section shall constitute violations of this chapter, and shall subject the violator to the penalties set forth in this chapter. (Ord. 18-1383 §2(part), 2018)

No person shall operate, or cause to be operated, a pedicab business within the city without having first obtained a pedicab service permit and a business license from the city.

To obtain a pedicab service permit, each applicant shall file with the city a complete and verified application, which is available at the city’s finance cashier office, including a description of the applicant’s routes of pedicab operations, proof of adequate insurance, and other information such as that prescribed by the rules and regulations adopted in accordance with this chapter.

The application shall be signed under penalty of perjury and contain the following information:

1. The legal name, actual street address, and phone number of the applicant. If the pedicab service is advertised to the public and operates under a name other than the name of the applicant, that name shall be included as well;

2. The street address from which the applicant conducts or will conduct the pedicab service business. A person may not use a post office box, mailbox, message service, or other similar device as the actual street address of the business for purposes of this chapter. A post office box, mailbox, message service, or other similar device can be used as the mailing address of the business for business purposes only;

3. Number of pedicabs to be operated under the permit;

4. The proposed color scheme, insignia, or other distinguishable characteristics of the pedicabs to be used;

5. Evidence satisfactory to the city manager of having procured comprehensive general liability insurance which will insure and indemnify the applicant and the passengers riding in the pedicab against liability or financial loss resulting from injury occurring to persons or passengers from the operation of such pedicabs in an amount not less than one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) in the aggregate;

6. The policy insurer must maintain a Best rating of "A" or better for non-admitted carriers (with proof of licensing or rating to be provided by applicant);

7. The policy shall be primary and not contributing to any other insurance maintained by the city;

8. The policy shall name the city, the city council, its officers, agents, and employees as additional insureds;

9. The policy shall provide the city manager with thirty (30) days prior notice of any cancellation or modification of the policy; and

10. As a condition of the permit, the permittee agrees to indemnify, defend, and save harmless the city, its agents, officers, and employees from and against any and all liability, expense, including defense costs and legal fees and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the permittee’s activities, including any worker’s compensation suits, liability or expense, arising from or connected with services performed by or on behalf of the permittee by and pursuant to this permit;

11. Unless otherwise provided by law, evidence that the applicant has procured workers compensation insurance covering any and all operators of the pedicab to be employed by the applicant should a pedicab service permit be issued;

12. The names of each driver to be employed who will operate a pedicab in the city and a copy of any and all current licenses of each operator of the pedicab;

13. A statement by the applicant that no operator of the pedicab employed or to be employed has been convicted of driving under the influence of alcohol or drugs within the previous five (5) years;

14. Rates to be charged to the public throughout the term of any permit issued;

15. The routes upon which the pedicab service will operate;

16. The names, addresses, and telephone numbers of no less than two (2) individuals who may be contacted twenty-four (24) hours a day, seven (7) days a week by the city in case of an emergency; and

17. Any other information that the city manager deems necessary. (Ord. 18-1383 §2(part), 2018)

No person shall operate a pedicab within the city without having first obtained a valid pedicab driver permit.

To obtain a pedicab driver permit, each person shall file with the city, a complete and verified application, which is available at the city’s finance cashier office, containing information prescribed by the rules and regulations adopted in accordance with this chapter.

Pedicab driver permits will only be issued after the driver has provided evidence of a valid driver’s license issued by the California Department of Motor Vehicles, passed a background check, and complied with all other rules and regulations adopted in accordance with this chapter. (Ord. 18-1383 §2(part), 2018)

No person shall lease, rent, or allow a pedicab to be operated within the city without having first obtained a pedicab decal. The decal shall be affixed to the pedicab in a manner clearly visible to the public.

To obtain a pedicab decal, each person shall file with the city, a complete and verified application, which is available at the city’s finance cashier office, containing information prescribed by the rules and regulations adopted in accordance with this chapter.

The pedicab that is the subject of the pedicab decal application shall pass a safety inspection before the pedicab decal is issued. A pedicab decal will only be issued if the city finds that the pedicab is safe for operation and complies with applicable safety and equipment rules and regulations adopted in accordance with this chapter. (Ord. 18-1383 §2(part), 2018)

The city manager may initiate an investigation of facts for each application with the police department or other appropriate agencies.

Pedicab service permits, pedicab driver permits, and pedicab decals may be denied, suspended, or revoked by the city manager, or designee, for failure to comply with Section 5.76.130 or based upon any one (1) of the following grounds:

The pedicab service has failed to comply with applicable laws or rules and regulations relating to pedicab operations, including, but not limited to the following:

Failing to provide required information upon request by the city;

Failing to pay fees as required by this chapter;

Failing to employ drivers with valid California drivers’ licenses;

Failing to procure required commercial general liability; and

Failing to procure required workers’ compensation insurance.

The pedicab driver has failed to comply with applicable laws or rules and regulations relating to pedicab operations, including, but not limited to the following:

Failing to maintain a valid California driver’s license; and

Failing to pass a background check (i.e., the pedicab driver has been convicted of assault, battery, resisting arrest, any felony involving force and violence or moral turpitude, any misdemeanor or felony reckless driving or driving under the influence offense, or any crime reasonably related to the qualifications, functions, or duties of the passenger transport business, or the ability of the operator or driver to safely transport passengers).

The pedicab service or the pedicab driver has been convicted of a crime that requires registration pursuant to California Penal Code Section 290.

The pedicab service or pedicab driver has knowingly made a false statement of material fact, or knowingly failed to state a material fact in the application process for the pedicab service permit, pedicab driver permit, or pedicab decal.

The pedicab service has been issued more than two (2) pedicab service permits in the city so that the excessive number of pedicabs in the city contributes to an overall public health and safety problem.

An applicant who is denied a pedicab service permit, pedicab driver permit, or pedicab decal may appeal such denial pursuant to the procedure set forth in Section 5.72.160. (Ord. 18-1383 §2(part), 2018)

The city may designate pedicab parking stands to provide safe drop-off and pick-up areas for pedicabs. (Ord. 18-1383 §2(part), 2018)

A pedicab service and driver shall:

Keep pedicabs within its fleet in clean and sanitary conditions, and be free from mechanical or safety defects;

Operate as closely as practical to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn;

Make pedicabs within its fleet available for inspections at reasonable times by the city; and

Report any accidents caused or experienced by pedicabs to the Hermosa Beach police department.

It is unlawful for any person to:

Operate a pedicab without a valid pedicab service permit, pedicab driver permit, or pedicab decal;

Operate a pedicab in any manner that impedes or blocks the normal or reasonable movement of pedestrian or vehicular traffic unless such operation is necessary for safe operation or in compliance with law or under the direction of law enforcement personnel;

Park or leave standing a pedicab in violation of state or city laws;

Operate a pedicab over any route not designated in the pedicab service permit;

Operate a pedicab in a manner that results in damage to property;

Operate a pedicab while carrying a number of passengers that exceeds the number of available seats;

Operate a pedicab without seats that have a complete and secure back to them or other means to prevent passengers from falling backwards, out of the seat, and into the public right-of-way;

Operate a pedicab without reflectors, headlights, and grab rails;

Operate a pedicab while under the influence of drug(s) or alcohol;

Operate a pedicab while any driver or passenger is in possession of an open container of alcohol;

Operate a pedicab with passengers who are intoxicated, unruly, loud, or disruptive to passerby or city residents;

Operate a pedicab without having a city-approved insurance policies in full force and effect at all times during the operation of the pedicab;

Unload passengers on roadways or in the middle of highways;

Operate a pedicab with sound amplification equipment;

Advertise or otherwise hold itself out as providing pedicab services within the city, unless such person is operating pursuant to city-issued pedicab permits; and

Refuse to comply with a lawful order from a city official or police officer charged with enforcement of this chapter.

A pedicab service and driver shall be jointly and severally responsible for adhering to the requirements of this section.

Any person who violates or willfully fails to comply with the provisions of this chapter is guilty of an infraction.

A violation of, or failure to comply with, any of the requirements in this section may result in the denial, suspension, or revocation of a pedicab permit. (Ord. 18-1383 §2(part), 2018)

A schedule of fees to recover the costs associated with the administration and enforcement of this chapter may be adopted by resolution of the city council.

No person may be issued a pedicab service permit, pedicab driver permit, or pedicab decal until that applicant has paid all applicable fees. (Ord. 18-1383 §2(part), 2018)

Pedicab service permits, pedicab driver permits, and pedicab decals are the property of the city and are nontransferable. (Ord. 18-1383 §2(part), 2018)

Every pedicab permit issued under this chapter shall terminate at the expiration of one (1) year from the date of its issuance unless revoked prior to said termination.

Any renewal of a permit issued under this chapter shall be pursuant to the same requirements, procedures, provisions, and regulations set forth in this chapter for an original permit, except as otherwise herein provided. (Ord. 18-1383 §2(part), 2018)

Any person violating any provision of this chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars ($250.00) per violation; or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars ($1,000) per violation, or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Where the violation is of a continuing nature, each day that the violation continues constitutes a separate and distinct violation.

Any person violating any provision of this chapter shall be subject to administrative fines and penalties pursuant to Chapter 1.10.

The remedies specified in this section are cumulative and their specification shall not preclude the use of any other remedy provided by law. (Ord. 18-1383 §2(part), 2018)