San Diego Municipal Code Div. 46 Police Permits for Pedicabs

(“Police Permits for Pedicabs” added 7-16-2015 by O–20515 N.S.; effective 8-15-2015.)

It is the purpose of this Division to regulate pedicab owners and operators by requiring a police permit. These regulations are intended to protect the health, safety, and welfare of the general public, and passengers using pedicabs as a mode of transportation. (“Purpose” added 7-16-2015 by O–20515 N.S.; effective 8-15-2015.)

Defined terms appearing in this Division are shown in italics. Words or phrases not defined in this Division but defined in the California Vehicle Code shall have the meaning set forth in the California Vehicle Code. For purposes of this Division:

Chief of Police has the same meaning as in Municipal Code section 33.0201.

Darkness means any time from one-half hour after sunset to one-half hour before
sunrise and any time when visibility is not sufficient to render clearly discernible any
person or vehicle on the highway at a distance of 1000 feet.

Fare schedule means a rate charged per passenger, and any additional charges such as
those based on mileage or distance.

Operate means to pedal, steer, use the brakes of, or otherwise control a pedicab,
whether it is stationary or in motion.

Operating permit means a photo identification issued by the Chief of Police pursuant
to this Division, authorizing the person to act as a pedicab operator.

Operator means any person who operates a pedicab.

Owner means any person who owns a pedicab.

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 in California Vehicle Code section 467.5.

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Pedicab Decal means the numbered decal issued by the Chief of Police to a pedicab owner for display on the pedicab to indicate that the pedicab is permitted to operate everywhere in the City of San Diego except those areas designated as Restricted Pedicab Zones.

Pedicab Restricted Zone Decal means the numbered decal issued by the Chief of Police to a pedicab owner for display on the pedicab to indicate that the pedicab is permitted to operate anywhere in the City of San Diego including those areas designated as Restricted Pedicab Zones.

Permit and police permit have the same meaning as in Municipal Code section 33.0201.

Person has the same meaning as in Municipal Code section 11.0210.

Restricted Pedicab Zone means a geographical area listed in Municipal Code section 83.0107.

Seatbelt means the safety strap or harness designed to hold a person securely in a seat.

Sound amplification equipment means any device or apparatus for the amplification of sound from any radio, phonograph, television, musical instrument, computer, online program, sound-producing or sound-playing device, or any device or apparatus for the reproduction or amplification of the human voice or any other sound.

Specialized pedicab shall have the meaning set forth in California Vehicle Code section 467.5(c).

Traditional pedicab shall have the meaning set forth in California Vehicle Code sections 467.5(a) and 467.5(b). (“Definitions” added 7-16-2015 by O–20515 N.S.; effective 8-15-2015.) (Amended 8-20-2018 by O-20982 N.S.; effective 9-19-2018.) (Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

(a) It is the policy of the City of San Diego that the cost of investigating and processing applications for police permits for pedicab owners and operators be borne by the applicants. All applications shall be accompanied by a non- refundable application fee, which will cover the cost of investigating and processing the application.

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(b) It is the policy of the City of San Diego that the cost of inspecting, regulating,
and enforcing laws relating to pedicab owners and operators be borne by the
permittees in the form of regulatory fees. Regulatory fees shall be paid
according to the schedule set in the City Clerk’s Composite Rate Book.
(Renumbered from former Section 83.0105, retitled from “Pedicab Operating Permit
Fee” to “Application and Regulatory Fees” and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)

(a) It is unlawful for any person to operate a pedicab without a police permit.

(b) It is unlawful for a pedicab operator, while operating a pedicab, to fail to
wear or display the operating permit in a manner clearly visible to the public.

(c) It is unlawful for a pedicab operator to use an operating permit for a
traditional pedicab to operate a specialized pedicab.

(d) It is unlawful for a pedicab operator to use an operating permit for a
specialized pedicab to operate a traditional pedicab.
(Renumbered from former Section 83.0103, retitled from “Permit Requirements to
Operate Pedicab” to “Police Permit Required for Pedicab Operator” and amended
7-16-2015 by O-20515 N.S.; effective 8-15-2015.)
(Amended 8-20-2018 by O-20982 N.S.; effective 9-19-2018.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

(a) Each applicant for an operating permit shall furnish the following information to the Chief of Police:

(1) Proof of a valid Business Tax Certificate issued pursuant to Chapter 3,
Article 1 of this Municipal Code.

(2) A valid California driver’s license, as required by the California
Vehicle Code.

(3) The full true name and any other names ever used by the applicant.

(4) The applicant’s date of birth.

(5) Applicant’s height, weight, color of eyes and hair.

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(6) The current residential address and telephone number of the applicant.

(7) Each residential and business address of the applicant for the five
years immediately preceding the date of the application, and the
inclusive dates of each such address.

(8) Applicant’s business, occupation, and employment history for the five
years immediately preceding the date of application, including
addresses and dates of employment.

(9) Photographs as specified by the Chief of Police.

(10) Fingerprints.

(11) A signed copy of the Rules of Operation and Code of Conduct for City
of San Diego Pedicab Owners and Operators.

(12) All criminal convictions, including those dismissed pursuant to
California Penal Code section 1203.4, and the dates and places of the
convictions.

(b) Any application that does not include all information requested by the
application form or not supported by the materials required by this section
may be rejected as incomplete.
(Renumbered from former Section 83.0104, retitled from “Application for Operating
Permit” to “Pedicab Operator Permit Application Contents” and amended
7-16-2015 by O-20515 N.S.; effective 8-15-2015.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

(a) An operating permit shall be valid for one year from the date of issuance.

(b) Operating permits that are defaced, altered, forged, or counterfeited are
invalid.

(c) Operating permits are non-transferable.
(Renumbered from former Section 83.0106, retitled from “Validity of Operating
Permit” to “Term of Pedicab Operating Permit” and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)

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Operating permits may be renewed annually in accordance with the provisions of Municipal Code section 33.0308. (Renumbered from former Section 83.0107, retitled from “Operating Permit Renewal” to “Renewal of Pedicab Operating Permit” and amended 7-16-2015 by O-20515 N.S.; effective 8-15-2015.)

(a) Pedicab operators shall post a fare schedule sign on the pedicab that meets the size, format, and location requirements of section 33.4609.

(b) The full fare for the trip shall be agreed upon by passenger(s) and operator
prior to trip departure.

(c) Prior to departure of any passenger ride for which a fare will be charged,
pedicab operators shall issue a written invoice containing the following
information:

(1) date,

(2) name or business name of the pedicab operator,

(3) pedicab operating permit number,

(4) agreed upon fare per passenger, and

(5) agreed upon total fare for all passengers due upon arrival at the
destination.

(d) It is unlawful for any operator to charge a passenger a fare greater than the
posted fare schedule or greater than the agreed upon fare recorded in the
written invoice as set forth in Municipal Code section 33.4608(c).
(Renumbered from former Section 83.0108 and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)
(Amended 8-20-2018 by O-20982 N.S.; effective 9-19-2018.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

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(a) Size – A fare schedule sign shall be a minimum of 8-1/2 inches in width by 6 inches in height.

(b) Font and color – The required font shall be “Arial Bold,” in a color to produce
maximum contrast with the background, adequately spaced for maximum
readability.

(c) Format – The fare schedule sign shall include the following text:

Line 1– FARE SCHEDULE (all capitalized with minimum font size of 36).

Line 2– (PER PERSON) (all capitalized with minimum font size of 36).

Line 3– Rate charged (minimum font size of 36).

Line 4– Full fare shall be agreed upon prior to trip departure (minimum font
size of 36).

(d) Payment method – If the operator does not accept cash payments, the fare
schedule sign shall also include the following text:

Line 5 – Operator does not accept cash payments (minimum font size of 36).

(e) Location Requirements – The fare schedule sign shall be securely attached to
the interior of the pedicab and displayed in a manner clearly visible to all
passengers while seated in the pedicab. The fare schedule sign shall also be
securely attached to the exterior left and right sides of the pedicab and
displayed in a manner clearly visible to the public.
(Renumbered from former Section 83.0109 and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)
(Amended 8-20-2018 by O-20982 N.S.; effective 9-19-2018.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

(a) It is unlawful for any person under the age of 18 to operate a traditional pedicab.

(b) It is unlawful for any person under the age of 21 to operate a specialized
pedicab.

(c) It is unlawful to operate a pedicab in a manner that results in damage to
public property.

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(d) It is unlawful to operate a pedicab while using any form of sound
amplification equipment.

(e) It is unlawful to operate a pedicab in a manner that creates or generates noise
in violation of Municipal Code section 59.5.0501.

(f) It is unlawful to operate, or for any owner to allow to be operated, a
traditional pedicab having more than one attached trailer or sidecar, or a
specialized pedicab with any attached trailer or sidecar.

(g) It is unlawful to operate, or for an owner to allow to be operated, a pedicab
while carrying a number of passengers that exceeds the number of available
seats.

(h) It is unlawful to operate a pedicab unless all passengers are restrained by
seatbelts.

(i) It is unlawful to operate, or for an owner to allow to be operated, a pedicab in
violation of the open container ordinance as set forth in Municipal Code
section 56.54.

(j) It is unlawful to operate, or for an owner to allow to be operated, a pedicab
unless a color copy of the operator’s permit, company trade name, and
contact information, including a valid phone number, are securely attached to
the interior of the pedicab and displayed in a manner clearly visible to all
passengers while seated in the pedicab.

(k) It is unlawful to operate, or for any owner to 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 the Municipal Code
section 59.5.0401.
(Renumbered from former Section 83.0121 to Section 33.4610(a), retitled from
“Minimum Age for Pedicab Operators;” renumbered from former Section 83.0124 to
Section 33.4610(e), retitled from “Passenger Seating Requirements;” renumbered
from former Section 83.0125 to Section 33.4610(b), (d), and (f), retitled from
“Prohibitions on the Manner of Operating Pedicabs;” to “Prohibitions on the
Operation of Pedicabs” and amended 7-16-2015 by O-20515 N.S.; effective
8-15-2015.)
(Amended 8-20-2018 by O-20982 N.S.; effective 9-19-2018.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

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(a) Operators and owners of traditional pedicabs are subject to all applicable laws, rules, and regulations of the Municipal Code and the California Vehicle Code pertaining to the operation of bicycles upon streets, except those provisions that by their very nature can have no application.

(b) Operators and owners of specialized pedicabs must comply with all the
requirements set forth in California Vehicle Code section 21215.

(Renumbered from former Section 83.0120 and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)
(Amended 8-20-2018 by O-20982 N.S.; effective 9-19-2018.)

(a) The number of Pedicab Restricted Zone Decals issued shall be set by resolution of the San Diego City Council.

(b) It is unlawful to operate a pedicab or for any owner to lease, rent, or allow a
pedicab to be operated within the City without first having obtained a
Pedicab Decal or Pedicab Restricted Zone Decal issued under this Division.

(c) The Pedicab Decal or Pedicab Restricted Zone Decal shall be permanently
affixed to the frame of the pedicab in a location that is clearly visible to the
passenger or the public.
(Renumbered from former Section 83.0114 on 7-16-2015 by O-20515 N.S.; effective
8-15-2015.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

(a) Before allowing a pedicab to be operated, owners shall obtain a Pedicab Decal or Pedicab Restricted Zone Decal.

(b) Each applicant for a Pedicab Decal or Pedicab Restricted Zone Decal shall
provide the following information to the Chief of Police:

(1) The full name and any other names ever used by the applicant;

(2) The current residential address and phone number of the applicant;

(3) Each residential and business address of the applicant for the five
years immediately preceding the date of the application, and the
inclusive dates of each such address;

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(4) Written proof that the applicant is at least 18 years of age for
traditional pedicabs, or proof that the applicant is at least 21 years of
age for specialized pedicabs;

(5) Applicant’s height, weight, color of eyes and hair;

(6) Photographs as specified by the Chief of Police;

(7) Applicant’s business, occupation, and employment history for the five
years immediately preceding the date of application, including
addresses and dates of employment;

(8) Whether the applicant has ever had a pedicab operator permit,
Pedicab Decal or Pedicab Restricted Zone Decal, or similar license or
permit, denied, suspended, or revoked within five years immediately
preceding the date of the application, and the reason for the denial,
suspension, or revocation;

(9) All criminal convictions, including those dismissed pursuant to
California Penal Code section 1203.4, except traffic, and the dates and
places of the conviction;

(10) Fingerprints;

(11) The name and address of all legal and registered owners of the
pedicab;

(12) A description of the pedicab, including trade name, if any, serial
number, and body style;

(13) Physical address of pedicab storage;

(14) Such other information as the Chief of Police may require; and

(15) A signed copy of the Rules of Operation and Code of Conduct for City
of San Diego Pedicab Owners and Operators.

(c) Owners shall provide proof of insurance in accordance with section 33.4620.

(d) Owners shall provide a completed Pedicab Inspection Form, which verifies
the City-assigned pedicab identification number, all required safety
equipment, and pedicab exterior markings.

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(e) Owners shall inform the Chief of Police when changes in insurance, business
address, storage address, or mailing address occur after a Pedicab Decal or
Pedicab Restricted Zone Decal is issued, within 10 calendar days of any such
changes.
(Renumbered from former Section 83.0115 and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)
(Amended 8-20-2018 by O-20982 N.S.; effective 9-19-2018.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

Zone Decals

No Pedicab Decals or Pedicab Restricted Zone Decals may be issued or renewed unless the pedicab meets all of the equipment requirements contained in section 33.4618, and all outstanding parking fees for that pedicab are paid. (Renumbered from former Section 83.0116 and amended 7-16-2015 by O-20515 N.S.; effective 8-15-2015.)

The Chief of Police shall charge a nonrefundable fee to recover the costs associated with the administration, regulation, and issuance of Pedicab Decals or Pedicab Restricted Zone Decals. The fee schedule shall be filed in the Ratebook of City Fees and Charges in the City Clerk’s Office. (Renumbered from former Section 83.0117 and amended 7-16-2015 by O-20515 N.S.; effective 8-15-2015.)

(a) Section 33.0308 of the Municipal Code notwithstanding, a Pedicab Decal or Pedicab Restricted Zone Decal is valid from the date issued through December 31 of the year for which it is issued.

(b) A Pedicab Decal or Pedicab Restricted Zone Decal is invalid if the Pedicab
Decal or Pedicab Restricted Zone Decal is defaced, altered, mutilated, forged,
or counterfeited.

(c) Pedicab Decals and Pedicab Restricted Zone Decals are non-transferable.
(Renumbered from former Section 83.0118 and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)

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Pedicab Decals and Pedicab Restricted Zone Decals may be renewed every calendar year upon the filing of a new application and payment of a fee as determined by the City. Pedicab Decals and Pedicab Restricted Zone Decals may be renewed beginning December 1 for the following calendar year. (Renumbered from former Section 83.0119 and amended 7-16-2015 by O-20515 N.S.; effective 8-15-2015.)

(a) It is unlawful to operate, or for any owner to 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.

(b) It is unlawful for any person to operate, or for any owner to allow to be
operated, a pedicab without a seatbelt or seatbelts for all passengers.
Seatbelts shall be in proper working order.

(c) It is unlawful to operate, or for any owner to allow to be operated, a pedicab
in an unsafe condition as to endanger any person.

(d) It is unlawful to operate, or for any owner to allow to be operated, a pedicab
that does not comply with the exterior marking requirements in Municipal
Code section 33.4619.

(e) It is unlawful to operate, or for any owner to allow to be operated, a pedicab
with strobing, flashing, or multi-color changing lights. Only static, single-
color lights are allowed.

(f) It is unlawful to operate, or for any owner to allow to be operated, a
specialized pedicab with a pedal assist device.

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(g) It is unlawful to operate, or for any owner to allow to be operated, a pedicab
that is equipped with sound amplification equipment.
(Renumbered from former Section 83.0123 and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)
(Amended 8-20-2018 by O-20982 N.S.; effective 9-19-2018.)
(Amended 4-14-2022 by O-21444 N.S; effective 5-14-2022.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

(a) Owners shall permanently affix the owner’s company trade name, the company phone number, and the identification number assigned by the City, on the exterior left and right sides of the pedicab, and the exterior rear of the pedicab, in a manner that is clearly visible to the public at all times. These markings shall meet the following requirements:

(1) Font and color – “Arial Bold” font in a color to produce maximum
contrast, adequately spaced for maximum readability.

(2) Font size – Minimum two inches tall.

(b) Owners shall also secure or affix a City-assigned identification number on
each pedicab, on the pedicab seat tube or pedicab trailer draw bar, in a
manner that is clearly visible.
(Renumbered from former Section 83.0130 and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)
(Retitled from “Pedicab Exterior Markings” to “Pedicab Exterior Markings – Owner
Requirements” and amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

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(a) It is unlawful for any person to operate a pedicab within the City of San Diego 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.

(b) The insurance policy, required to be issued under section 33.4620(a), shall be
executed and delivered by a company with a rating of A in Best’s Key Rating
Guide and authorized to carry on an insurance business in the State of
California, the financial responsibility of which company has been approved
by the City. The terms of the policy shall provide that the insurance company
assumes financial responsibility in an amount not less than $1 million per
occurrence for bodily injuries and personal injuries or property damage
caused by the operation of the pedicab, including but not limited to, pedicabs
operated by the officers, employees, agents, independent contractors, or
lessees of the owner, and shall name the City of San Diego as an additional
insured.

(c) A valid certificate of insurance issued by a company providing the required
insurance policy shall be available for inspection at the owner’s principal
place of business. A certificate of insurance shall provide that the insurer will
notify the City of any cancellation of the owner’s insurance policy and that
the cancellation notice shall be in writing and such notice shall be sent by
registered mail at least thirty days before cancellation of the policy.

(d) The certificate shall include all of the following:

(1) the full name of the insurer;

(2) the name and address of the insured;

(3) the insurance policy number;

(4) the type and limits of coverage;

(5) the City-assigned identification number of the specific vehicles
insured;

(6) the effective dates of the insurance policy; and

(7) the certificate issue date.

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(e) Upon demand of a peace officer, every operator of a pedicab shall provide
valid proof of insurance for the pedicab.

(f) Every operator of a pedicab shall stop and provide proof of insurance to the other party or parties, if the pedicab becomes involved in a collision with another vehicle, bicycle, pedicab, or pedestrian, on public or private property.

(g) Operators of specialized pedicabs must also comply with the insurance
requirements set forth in California Vehicle Code section 21215.
(Renumbered from former Section 83.0126 and amended 7-16-2015 by
O-20515 N.S.; effective 8-15-2015.)
(Amended 8-20-2018 by O-20982 N.S.; effective 9-19-2018.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

(a) Every operator and every owner is subject to applicable impound provisions in California Vehicle Code sections 22650 and 22651. Operators and owners are subject to the same rights and responsibilities as a driver of a motor vehicle as it relates to pedicab impounds.

(b) Pedicabs subject to impound may be removed by City contract tow
companies and are subject to City tow fees. Any peace officer, police officer,
or parking enforcement officer engaged in traffic or parking enforcement may
remove or impound a pedicab under any of the following circumstances:

(1) When an operator is issued a citation for a violation of Municipal
Code section 33.4612(b) or (c);

(2) When an operator is issued a citation for a violation of Municipal
Code section 33.4604(a);

(3) When an operator is arrested and taken into custody;

(4) When an operator is physically incapacitated and unable to safely
operate the pedicab;

(5) When a pedicab is parked or left standing upon a City Street or
sidewalk so as to obstruct the normal movement of vehicles or
pedestrians or in a condition that creates a hazard; or

(6) When the pedicab is in violation of section 83.0104(d) or (e).

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(c) An owner of a pedicab removed under section 33.4621 shall be provided an
opportunity for a post-storage hearing to determine the validity of the storage,
in accordance with California Vehicle Code section 22852. The impounding
agency shall have the burden of establishing the validity of the removal.
(Renumbered from Section 83.0111 and amended 7-16-2015 by O-20515 N.S.;
effective 8-15-2015.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

Pedicab Restricted Zone Decal; Appeal Rights

(a) Operating permits, Pedicab Decals, or Pedicab Restricted Zone Decals may
be denied, suspended, or revoked by the Chief of Police based upon any of the
following grounds:

(1) The operator or owner fails to comply with the insurance requirements
set forth in section 33.4620;

(2) The operator 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 operator 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 has elapsed from the date of discharge from a
penal institution, or the successful completion of probation for such
conviction;

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

(4) The operator 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, Pedicab Decal, or
Pedicab Restricted Zone Decal;

(5) The operator has engaged in activity that, in the judgment of the Chief
of Police, constitutes a serious threat to public health, safety, or
welfare, including 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;

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(6) The operator fails to maintain a valid California driver’s license, including having a suspended or revoked driving privilege by the California Department of Motor Vehicles;

(7) The operator fails to comply with any provision of the California
Vehicle Code pertaining to the operation of bicycles upon streets;

(8) The owner or operator fails to comply with any provision of this
Division, or Chapter 8, Article 3, Division 1 of the Municipal Code; or

(9) The owner or operator fails to comply with any provision of the Rules
of Operation and Code of Conduct for City of San Diego Pedicab
Owners and Operators.

(b) Any owner or operator who has been denied a police permit or is given notice
that regulatory action as described in sections 33.0403(b)(4) through (8) may
be taken by the Chief of Police against an operating permit, Pedicab Decal, or
Pedicab Restricted Zone Decal may request an appeal subject to the rights and
procedures prescribed in Municipal Code sections 33.0501, 33.0502, 33.0503,
33.0504, 33.0505, and 33.0508.
(Renumbered from former Section 83.0127, retitled from “Denial, Suspension or
Revocation of Operating Permit, Pedicab Decal or Pedicab Restricted Zone Decal;
Notification of Action;” renumbered from Section 83.0128, retitled from “Procedure
for Denial, Suspension or Revocation of Operating Permits and Pedicab Decals or
Pedicab Restricted Zone Decals;” to Denial, Suspension, or Revocation of Operating
Permit, Pedicab Decal, or Pedicab Restricted Zone Decal; Appeal Rights;” and
amended 7-16-2015 by O-20515 N.S.; effective 8-15-2015.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

(a) Any peace officer may immediately seize an operating permit under any of the following circumstances:

(1) When the operator is arrested for driving under the influence of
alcohol or controlled substance while operating a pedicab under
California Vehicle Code section 21200.5.

(2) When a pedicab is operated in a manner that creates an immediate
safety hazard.

(3) When the operator or owner is found not in compliance with section
33.4610(f).

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(b) Upon seizure of an operating permit, a peace officer shall forward the
operating permit along with a copy of the written complaint, as soon as
practicable, to the Chief of Police. The Chief of Police may review and
immediately begin proceedings to suspend or revoke the operating permit, or
upon review, may make the operating permit available for return.

(c) Section 33.4622(b) notwithstanding, when, after the issuance of an operating
permit, the Chief of Police receives a certified record of conviction for an
offense meeting the criteria of section 33.4622(a)(2) or (a)(3), or receives a
report from a government agency that contains information that the grounds
specified in section 33.4622(a)(5) exists, the Chief of Police may take
immediate action pursuant to section 33.0406.
(Renumbered from former Section 83.0129, retitled from “Immediate Seizure of
Operating Permit” to “Immediate Seizure of Operating Permit; Emergency Action”
and amended 7-16-2015 by O-20515 N.S.; effective 8-15-2015.)
(Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

The Chief of Police shall administer and enforce this Division. The Chief of Police shall be responsible for accepting applications for a police permit to own or operate a pedicab, and for issuing the permit. The Chief of Police will be responsible for determining the fitness of applicants for a police permit to own or operate a pedicab, investigating any violations of this Division, and for taking administrative action against any police permit issued under this Division. (Renumbered from former Section 83.0131 and amended 7-16-2015 by O-20515 N.S.; effective 8-15-2015.) (Amended 11-6-2024 by O-21888 N.S.; effective 12-6-2024.)

The provisions of Municipal Code section 12.0201 notwithstanding, violations of this Division may be prosecuted as misdemeanors punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County Jail for a period of not more than six months, or by both fine and imprisonment, except as otherwise stated in the California Vehicle Code. The Chief of Police may also seek injunctive relief and civil penalties in the Superior Court pursuant to Municipal Code section 12.0202 or pursue any administrative remedy provided in Chapter 1 of this Code. (Renumbered from former Section 83.0132 and amended 7-16-2015 by O-20515 N.S.; effective 8-15-2015.)

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Violations of this Division shall be treated as strict liability offenses, unless otherwise specified. (Renumbered from former Section 83.0133 on 7-16-2015 by O-20515 N.S.; effective 8-15-2015.)

All penalties and regulatory action related to a police permit issued to owners and operators of pedicabs shall be conducted as prescribed in Municipal Code sections 33.0401 to 33.0406. (“Penalties and Regulatory Action” added 7-16-2015 by O-20515 N.S.; effective 8-15-2015.)

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