Monterey Municipal Code Art. 2 Pedicabs

Code reviser’s note: Ordinance 3597 adds these provisions as §§ 36-02.00 through 36-02.06.

“Darkness” has the same meaning as California Vehicle Code Section 280, as may be amended.

“Driver” means any person who operates or drives a pedicab within the City, whether as an owner, agent, an employee of an owner, under the direction of an owner, or as an independent contractor.

“Owner” means every person that owns or has contracted for the use or control of any pedicab, whether as an owner, lessee, or otherwise.

“Pedal assist device” means an electric or motorized unit that helps propel a pedicab, eliminating the exclusive use of human power.

“Pedicab” has the same meaning as California Vehicle Code Sections 467.5(a) and (b), as may be amended. For clarity purposes, a pedicab as defined in California Vehicle Code Section 467.5(c) is not authorized. (Ord. 3597 § 8, 2019)

No person shall operate or drive a pedicab, or allow or permit a pedicab to be driven or operated, within the City unless the owner has a valid pedicab owner permit issued by the City. Pedicab owner permits are the property of the City and shall not be sold, transferred, or assigned by the owner to any other person. (Ord. 3597 § 8, 2019)

No person shall operate or drive a pedicab within the City unless the operator has a valid pedicab driver permit issued by the City. Pedicab driver permits are the property of the City and shall not be sold, transferred, or assigned by the operator to any other person. (Ord. 3597 § 8, 2019)

Pedicab owner and driver permit applications shall be on a form prescribed by the Police Chief or his/her designee. Each applicant shall provide all information required in the application form, including the applicable fee, which shall be set by City Council resolution. An application that does not include all information requested by the application form or not supported by the materials required may be rejected as incomplete. (Ord. 3597 § 8, 2019)

A.All pedicab permits issued pursuant to this article shall be valid for a term of one year from the date of issuance, and, unless suspended or revoked, must be renewed annually by submitting a new application with requisite fees. A permittee may apply for a renewal of a permit 30 calendar days prior to the expiration of the permit. A permittee may continue to operate under the terms of the previous permit if a timely renewal application has been received and is awaiting a determination by the Police Chief.

B.Any pedicab permit issued pursuant to this section must be prominently displayed on the pedicab vehicle during its operation. (Ord. 3597 § 8, 2019)

A.Pedicab owners and operators shall only engage in the transporting of passengers for hire and not in any other activity when operating a pedicab in the City of Monterey.

B.Pedicab drivers shall have a valid driver’s license before obtaining a permit and during the operation of a pedicab. A pedicab driver shall report a change in the status of his or her driver’s license to the Police Chief in writing within three business days of the change.

C.Pedicab drivers must be 21 years or older.

D.Owners shall keep pedicabs in a clean and sanitary condition, and free from mechanical or safety defects.

E.Every owner and every driver is subject to all applicable stopping, standing, and parking provisions of the California Vehicle Code and the Monterey City Code. Owners and drivers are subject to the same rights and responsibilities as a driver of a motor vehicle as it relates to stopping, standing, and parking violations.

F.No pedicab shall have more than seven passenger seats. No person shall drive or operate a pedicab with passengers that exceed the number of available seats. No pedicab vehicle shall be bigger than 41 inches wide and 110 inches long.

G.Passenger fares must be posted in the pedicab at all times that it is operating. No pedicab owner or driver shall charge a passenger a fare greater than the fare posted on the pedicab.

H.The pedicab shall be equipped with seatbelts for all passengers. No person shall operate, or allow to be operated, a pedicab without all passengers properly restrained by a seatbelt.

I.No person shall operate, or allow to be operated, a pedicab that produces a sound level that exceeds the applicable decibel limit for a respective zoning district as set forth in Section 38-111(A).

J.No person shall operate, or allow to be operated, a pedicab with a pedal assist device.

K.No person shall operate, or allow to be operated, a pedicab with neon or multi-color changing lights.

L.No person shall operate, or allow to be operated, a pedicab during the hours of darkness without:

1.Using battery-operated taillights mounted on the right and 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 500 feet of the rear of the pedicab; and

2.Using a battery-operated headlight that is mounted at the front of the pedicab. The headlight shall be white in color and plainly visible from all distances within 300 feet of the front of the pedicab.

M.No person shall drive or operate a pedicab in the City unless at the time of such operation the owner has in effect a valid policy of commercial general liability coverage, or business auto coverage with a pedicab endorsement on the policy, in an amount not less than $1,000,000 per occurrence for bodily injuries and personal injuries or property damage caused by the operation of the pedicab. The owner’s insurance shall remain in full force or the owner’s permit shall be automatically suspended until such time as full compliance with the requirements of this section is demonstrated to the satisfaction of the Police Chief. (Ord. 3597 § 8, 2019)

A.Any pedicab owner permit or pedicab operator permit may be denied, suspended, or revoked by the Police Chief on the following grounds:

1.The driver or owner fails to comply with the insurance requirements of this article;

2.The driver has been convicted of assault; battery; resisting arrest; any felony involving force and violence; 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 driver to safely transport passengers, including a misdemeanor conviction under California Penal Code Section 415 as part of a plea bargain in satisfaction of or substitute for an original charge of any of those listed above, unless five years have elapsed from the date of discharge from a penal institution, or the successful completion of probation for such conviction;

3.The driver has been convicted of a crime that requires registration under the California Penal Code as a sex offender;

4.The driver violates traffic laws of the City or of the State;

5.The driver or owner has knowingly made a false statement of material fact, or knowingly failed to state a material fact in the application process for the operating permit;

6.The driver has engaged in activity that, in the judgment of the Police Chief, constitutes a serious threat to public health, safety, or welfare, including, but not limited to, receiving a report from a law enforcement agency that the pedicab or operator was at fault in a vehicle or pedestrian accident involving a pedicab, resulting in injuries;

7.The driver fails to maintain a valid California driver’s license, including having his or her driving privilege suspended or revoked by the Department of Motor Vehicles;

8.The driver fails to notify the Police Chief when there has been a change in his or her driver’s license status.

B.A denial, revocation, or suspension shall become effective at the end of the appeal period and, if an appeal is requested, the action shall be stayed pending the decision of the Appeals Hearing Board.

C.Any person who has been denied a pedicab permit or any person whose pedicab permit has been suspended or revoked may request a hearing before the Appeals Hearing Board. The request for hearing must be made in writing and must be made within 10 calendar days from the date of the decision to deny, suspend, or revoke the permit. If no request is made within this time period, the Police Chief’s notice of denial, revocation, or suspension shall become final and shall be effective immediately. Upon receiving a written request for hearing, the Secretary for the Appeals Hearing Board shall set a hearing date, which shall occur no later than 45 days from the date of the request for hearing. The Secretary shall set forth in writing and send to the applicant or permittee, by means of registered mail, certified mail, or hand delivery, notice of the date, time, and place of the hearing at least five calendar days before the hearing. The Appeals Hearing Board shall consider any written or oral evidence presented to determine whether the denial, suspension, or revocation was in accordance with applicable laws. Formal rules of evidence shall not apply; any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Within a reasonable time following the conclusion of the hearing, the Appeals Hearing Board will issue a written decision, which shall be mailed to the applicant or permittee. The decision of the Appeals Hearing Board shall be final. (Ord. 3597 § 8, 2019)