Long Beach Municipal Code Ch. 5.68 Pedicabs

Unless it appears from the context that a different meaning is intended, the following words, as used in this Chapter, shall have the following meaning:

A. "City Manager" means the City Manager of the City of Long Beach, or his designated representative.

B. "Driver" means and includes every person who drives, operates, controls or is in charge of any pedicab as defined by this Chapter.

C. "Pedicab" means a device upon which any person may ride, propelled by human power through a belt, chain or gears, having two (2) or more wheels, constructed in such a manner, and authorized pursuant to this Chapter, to engage in the business of carrying passengers for hire along a fixed route of travel.

D. "Pedicab permit" or "permit" means the permit issued by the City Council authorizing operation of a pedicab pursuant to the provisions of this Chapter.

E. "Permittee" means any person to whom a pedicab permit is issued pursuant to the provisions of this Chapter.

F. "Person" means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns or the agent of any of the aforesaid.

(Ord. C-6260 § 1 (part), 1986)

No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated by way of lease, contract, agreement, permit, license or understanding, a pedicab within the City without a permit first having been obtained as provided in this Chapter.

(Ord. C-6260 § 1 (part), 1986)

A. Any person desiring a permit to operate a pedicab as provided by this Chapter shall file an application therefor with the City Council. Such application shall be verified by oath of the applicant, if a natural person; or by oath of an officer or partner of the applicant, if applicant is a corporation, partnership, association or unincorporated company, and which application shall set forth the name, age and address of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers together with their respective addresses; or if a partnership, association or unincorporated company, then the names of the partners comprising the partnership, association or company, together with their respective ages and addresses. The application shall also state the trade name or style, if any, under which the applicant proposes to operate, full information pertaining to operations and the manner in which such proposed operations are to be conducted, the type, model, capacity and condition of the pedicabs proposed to be operated, a full statement of the applicant's assets and liabilities, and such other or additional information as the City Council or the City Manager may require.

B. The City Council shall, upon receipt of the application, make full and complete inquiry into the facts set forth therein and shall either grant or deny a permit upon the proposed terms, or upon terms other than those proposed. The permit shall be for a specified number of vehicles which may be increased only by action of the City Council, which action may, at the discretion of the City Council, be taken without the necessity of an additional hearing. Such permit may, at the pleasure of the City Council, be for a prescribed period or for an indefinite period; provided that, in either event, the permit shall contain a clause authorizing its revocation or suspension in accordance with the ordinances of the City either in effect at the date of granting the permit or thereafter adopted. When issued, the permit shall constitute evidence of compliance with the terms of this Chapter and shall authorize the permittee to operate pedicabs under the conditions therein specified; subject, however, to the requirements, obligations and limitations imposed by other applicable laws, ordinances, and orders of the City Council, and shall become effective only upon payment of the fees required by the licensing provisions of this Code.

(Ord. C-6260 § 1 (part), 1986)

No permit shall be granted under this Chapter, except after a hearing thereon conducted under and in accordance with such rules and regulations as may from time to time be prescribed therefor by the City Council, nor until the City Council has determined that the public convenience and necessity require the operation proposed by the applicant for the permit. The City Council in determining whether or not such facts exist, shall take into consideration the public demand for the service, the adequacy or inadequacy of service being rendered by other persons, the effect of the service upon traffic, the financial responsibility of the applicant, the character of equipment proposed to be furnished, and any and all other facts which the City Council may deem relevant. Before granting any such permit, the City Council shall require the City Manager or his designee to present, either orally or in writing, a report, together with his opinion, as to the existence of public convenience and necessity for the operation of the pedicabs. However, the burden of establishing the existence of public convenience and necessity shall always be borne by the applicant for a permit, and no such permit shall be issued unless there has been an affirmative showing of the existence of such public convenience and necessity by the applicant.

(Ord. C-6260 § 1 (part), 1986)

Each permit shall specify the route to be traveled and the hours between which pedicabs covered thereby are to be operated. No permittee under this Chapter shall operate or permit operation of any pedicab in violation of this Chapter or of the permit issued pursuant to this Chapter. The provisions of Section 10.48.070 of the Municipal Code relating to the prohibition of bicycles on certain sidewalks within the City notwithstanding, the City Council may authorize the route to include certain sidewalks and pedestrian routes within the downtown central business district and the Tidelands area.

(Ord. C-6260 § 1 (part), 1986)

A. A nonrefundable application fee, to defray the cost of processing the application for a permit under this Chapter, shall be required to be paid by every applicant seeking such a permit.

B. A permit fee shall be required to be paid by each applicant whose application for a permit has been granted pursuant to the provisions of this Chapter, to defray the cost of processing the permit.

C. The City Manager is authorized to establish the amount of the application and permit fees which amount shall not exceed the actual cost of processing the application and the permit.

(Ord. C-6260 § 1 (part), 1986)

Pedicabs may be operated by persons other than the permittee or his employees pursuant to a contract, agreement, permit, license or understanding between the operator and permittee by the terms of which an operator pays to the permittee a fixed or determinable sum for the use or operation of such pedicab. Such nonemployee operation is subject to all of the requirements of this Chapter, including, but not necessarily limited to, driver's permits, insurance and operating regulations. Permittee shall be responsible for the operations of said drivers, whether employees or not. Permittee's permit is subject to suspension or revocation for violations of this Chapter by permittee and said drivers, pursuant to Section 5.68.110.

(Ord. C-6260 § 1 (part), 1986)

A business license shall be obtained and the fee therefor shall be paid as prescribed by the business license provisions of this Code in the following instances:

A. By every person to whom a pedicab permit has been granted pursuant to this Chapter;

B. By every person to whom a driver's permit has been issued, excepting those drivers who are employees of a person to whom a pedicab permit has been issued.

(Ord. C-6260 § 1 (part), 1986)

Every pedicab operated pursuant to the provisions of this Chapter shall have displayed thereon either a distinctive license plate, a permit, or a facsimile thereof in the manner and form as may be prescribed by the City Manager. In addition, every permittee shall comply with the bicycle registration provisions of Chapter 10.50 of this Code.

(Ord. C-6260 § 1 (part), 1986)

No rate or fare shall be placed in effect, charged, demanded or collected by any person for the transportation of passengers as covered by this Chapter until the City Council, after a hearing upon its own motion, or upon application, or upon complaint, has found and determined the rate to be just, reasonable and nondiscriminatory, nor in any wise in violation of any provision contained in this Chapter or any provision of law; nor until the rate or fare to be placed in effect, charged, demanded or collected has been established and authorized by the City Council. In establishing and authorizing such rates or fares the City Council shall take into account and give due and reasonable consideration to the cost of all comparable transportation services, including length of haul, any additional transportation service performed or to be performed, or of any accessorial service and the value of the facilities reasonably necessary to perform such transportation service.

Upon the granting of any permit as provided by Section 5.68.030, a copy of the permit defining the rates shall be transmitted by the City Council to the Chief of Police who shall, thereupon, be charged with the duty of enforcement of the rates and the applicable provisions of this Code.

(Ord. C-6260 § 1 (part), 1986)

A. The City Council shall have the power to suspend or revoke any or all of the permits granted under the provisions of this Chapter when it has been determined that permittee or any of permittee's drivers, whether employees, contractors, lessees, permittees or licensees have violated any of the provisions of this Chapter, or have failed to comply with the terms of such permit or the rules and regulations of the City Council pertaining to the operation and to the extent, character and quality of the service. Before revocation of the permit, the holder thereof shall be entitled to a hearing thereon before the City Council and shall be notified thereof.

B. Notice of hearing on the suspension or revocation shall be in writing and shall be served at least ten (10) days prior to the date of the hearing thereon, such service to be upon the permittee, or its manager or agent, and which notice shall state the grounds of complaint against the permittee and shall also state the time when and the place where the hearing will be held. In the event the permittee cannot be found, or service of the notice cannot be made in the manner provided in this Section, then a copy of the notice shall be mailed, postage fully prepaid, addressed to the permittee at its last known address, at least ten (10) days prior to the date of the hearing.

(Ord. C-6260 § 1 (part), 1986)

No person granted a permit under this Chapter shall conduct any operation or give any service other than the service authorized by the permit granted by the City Council in accordance with the provisions of this Chapter.

(Ord. C-6260 § 1 (part), 1986)

Every pedicab used or operated under this Chapter shall, at all times, have displayed therein in a location or locations and in a manner which has been approved by the City Manager, the rates to be charged for the pedicab service, which rates shall always be visible to all passengers in the pedicab.

(Ord. C-6260 § 1 (part), 1986)

The City Council shall have power, upon a hearing upon its own motion, or upon application, or upon complaint, to investigate a single rate or fare, or the entire schedule of fares in effect, charged, demanded or collected for the transportation of passengers covered by this Chapter and to establish a new rate, fare or schedule of fares in lieu thereof. Nothing contained in this Section shall be construed to empower the City Council to establish or authorize any rate or fare or any schedule of fares that will, by means of rebate, discount, allowance, premium or penalty, violate the rates or fares specified in the carrier's permit or the provisions contained in this Chapter or any applicable provision of law.

(Ord. C-6260 § 1 (part), 1986)

No permittee, or any agent or employee thereof, or any driver or operator of any pedicab covered by this Chapter, shall charge, collect, demand, receive, arrange, solicit or bargain for any amount of compensation other than the rates or fares established and authorized by the City Council.

(Ord. C-6260 § 1 (part), 1986)

No person shall refuse to pay the authorized fare of any pedicab after having employed the same, and no person shall hire a pedicab with intent to defraud the person, from whom it is hired or engaged, of the value of such service.

(Ord. C-6260 § 1 (part), 1986)

A. No person shall drive or operate a pedicab which is subject to this Chapter without having first obtained a driver's permit issued pursuant to the terms of this Chapter.

B. The applicant for such a permit shall:

1. Appear personally and file with the City Manager an application, in writing, upon a form to be furnished by the City Manager containing such information as said officer may require;

2. Deposit an application fee for said permit. The fee shall be established by the City Manager in an amount not to exceed the actual cost of processing the application. The fee shall not be refunded for any reason.

C. No driver's permit shall be issued to any person unless he has:

1. Shown a sufficient understanding of the traffic laws, ordinances, and rules and regulations of the State of California, the City of Long Beach and this Chapter;

2. Shown a sufficient understanding of the location of streets, roads and highways within the City of Long Beach, as may be applicable;

3. Obtained a business license and paid the tax therefor if required.

D. No driver's permit shall be issued to any of the following persons:

1. Any person under the age of eighteen (18) years;

2. Any person who has been convicted of a felony;

3. Any person who has been convicted of a crime involving moral turpitude, narcotics or dangerous drugs, unless a period of not less than five (5) years has elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later;

4. Any person who has been convicted of reckless driving within two (2) years immediately preceding application for a permit;

5. Any person who has been convicted of driving a vehicle under the influence of intoxicating liquor or drugs within the five (5) years immediately preceding application for a permit;

6. Any person who is currently required to register pursuant to Section 290 of the California Penal Code;

7. Any person who, upon substantial evidence of facts of either physical or moral deficiencies, is found, in the sound discretion of the Chief of Police, not to be a competent person to drive or operate a pedicab pursuant to this Chapter.

E. The City Manager shall retain a copy of the driver's permit on file. The driver's permit shall constitute evidence of compliance with the terms of this Chapter, but shall be subject to all other applicable laws, ordinances and orders of the City Council and the rules and regulations and terms of the permit. The driver's permit shall be effective until the expiration date printed thereon or until suspended or revoked pursuant to this Chapter.

F. All permits issued as provided in this Section shall expire on December 31 next following the date of issuance unless previously suspended or revoked. All driver's permits, authorized to be issued under this Section, shall be effective only while the driver to whom the permit issued is operating a pedicab as an employee of or pursuant to an agreement, permit, license or other understanding with a person holding a valid pedicab permit issued pursuant to the provisions of this Chapter. Upon the driver's terminating his employment or other relationship with a person holding a pedicab permit, his driver's permit shall be suspended and shall become effective again only when and if the driver reestablishes his employment or relationship as a driver with the pedicab permittee. The permittee shall notify the City Manager of the termination or reestablishment of such relationship between the permittee and driver.

G. A renewal permit shall be issued as provided in this Section to any driver who has paid the fee for such renewal and who had a valid driver's permit on December 30 of the last preceding year.

H. No permittee shall allow the operation of any pedicab by any person other than a holder of a driver's permit as required by this Chapter.

(Ord. C-6260 § 1 (part), 1986)

A. The City Manager shall summarily revoke any driver's permit or temporary driver's permit issued under the provisions of this Chapter, when he has knowledge that the holder thereof has violated any provisions of this Chapter, or for any of the reasons set forth in Subsection 5.68.170.D of this Code. Notice of the suspension or revocation shall be given by the City Manager to the person involved.

B. Any driver who may be aggrieved by the action of the City Manager in suspending or revoking his driver's permit, or any applicant who may be aggrieved by the denial by the City Manager of his application, within ten (10) days from the giving of notice by the City Manager of such denial, suspension or revocation, may apply to the City Council for a hearing as to the matters in question, whereupon a time for the hearing shall be set, which shall be not later than thirty (30) days thereafter, at which time a full and complete hearing shall be held before the City Council. At the conclusion of the hearing the City Council may affirm, modify or overrule the action of the City Manager, in which latter event the driver's permit shall be granted or reinstated, as the case may be, and the decision of the City Council shall be final. Such hearing or application therefor shall not affect the order of suspension or revocation of the City Manager, unless and until acted upon and reversed or modified by the City Council.

C. The City Council shall suspend or revoke a driver's permit or temporary driver's permit either for any of the foregoing reasons or others from which the City Council shall conclude that a continuation of a driver's activities as such driver is, or may be, detrimental to the public health, peace, safety or welfare; provided, however, the City Council may take such action only after a hearing for such purpose, which shall be held after five (5) days' notice, and an opportunity to be heard, have been given to the driver.

D. Any driver whose driver's permit or temporary driver's permit is revoked pursuant to the provisions of this Chapter shall not be entitled to apply for reinstatement or a new permit before the expiration of one (1) year from the date of any such revocation.

(Ord. C-6325 § 22, 1986: Ord. C-6260 § 1 (part), 1986)

Every driver shall have in his immediate possession the driver's permit required by this Chapter at all times while operating or in charge of a pedicab. No driver operating or in charge of any pedicab covered by this Chapter shall display or use a driver's permit issued to another for the purpose of operating such pedicab.

(Ord. C-6260 § 1 (part), 1986)

At all times permittee shall defend, indemnify, and hold harmless the City, its officials, agents, and employees from and against any and all claims, demands, damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable attorney fees) of any kind (collectively in this Section, "claim") alleging injury to or death of persons or damage to property and that such injury, death or damage arises from or is attributable to or caused by the operations of permittee under this permit. Permittee shall notify the City of any claim within ten (10) days.

Every permittee shall, as a condition precedent to the operation of pedicabs pursuant to permit and to the issuance of a business license therefor, obtain insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

(Ord. C-7934 § 11, 2004: Ord. C-6260 § 1 (part), 1986)

A. All pedicabs operated by any "person" as defined in this Chapter shall, before being placed in service, be approved by the City Manager. All such pedicabs shall be of a design and type of construction as shall comply with orders and regulations pertaining to such equipment adopted from time to time by the City Council. Such pedicabs shall at all times be kept in a clean and sanitary condition and in good state of repair and shall be subject to constant inspection by the City Council by and through the City Manager. Any pedicab which becomes unsafe or unserviceable, either from the standpoint of its state of repair or its condition of obsolescence, may be retired from service upon order of the City Council, and no pedicab which has been so retired shall be again operated in such service except with approval of the City Manager.

B. In the event the condition of any pedicab, in the opinion of the City Manager, is so unclean, unsightly or mechanically defective as to be undesirable for use by the public, the City Manager may require the pedicab to be immediately withdrawn from service and the vehicle shall not be again placed in service until approved by the City Manager.

(Ord. C-6260 § 1 (part), 1986)

Any person who violates any of the provisions of this Chapter, or of any permit issued by the City Council under this Chapter, shall be guilty of a misdemeanor.

(Ord. C-6260 § 1 (part), 1986)

A. No person under the age of eighteen (18) years shall drive a pedicab.

B. No person shall operate a pedicab while under the influence of alcoholic beverages or drugs.

C. No person shall operate a pedicab in any manner which 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.

D. Every person operating a pedicab shall be subject to all applicable laws, rules and regulations of this Code and the Vehicle Code of the State of California covering the operation of bicycles upon streets and pedestrian or bicycle facilities.

E. No person shall operate a pedicab over any route not designated in the permit for the operation of such pedicab.

F. Whenever a pedicab is available for hire, said pedicab may be parked at any place designated by the City Manager as a pedicab stand or in any motor vehicle parking space, subject to the parking regulations as contained in this Code and the Vehicle Code of the State of California.

G. Whenever a pedicab is not available for hire, said pedicab shall be stored at a place and in a manner as approved by the City Manager.

(Ord. C-6260 § 1 (part), 1986)