San Diego Municipal Code Div. 4 Electric Personal Assistive Mobility Device Businesses

(“Electric Personal Assistive Mobility Device Businesses” added 9-17-2019 by O-21130 N.S.; effective 10-17-2019.)

It is the purpose and intent of this Division to regulate electric personal assistive mobility device businesses in the City of San Diego by requiring a permit to operate. These regulations are intended to ensure the protection of public health and safety. (“Purpose and Intent” added 9-17-2019 by O-21130 N.S.; effective 10-17-2019.)

For purposes of this Division, defined terms appear in italics. The following definitions apply to this Division: Electric personal assistive mobility device or EPAMD has the same meaning as in Vehicle Code section 313. EPAMD business means a person who manages, owns, or operates a business that offers for rent one or more EPAMDs. Permit means an official authorization issued by the City of San Diego to an EPAMD business under this Division. (“Definitions” added 9-17-2019 by O-21130 N.S.; effective 10-17-2019.)

It is unlawful for any person to own or operate an EPAMD business without a permit. (“Permit Required” added 9-17-2019 by O-21130 N.S.; effective 10-17-2019.)

(a) Each EPAMD business shall submit a permit application containing, at a minimum, the following: (1) the EPAMD business’ name and business address; (2) proof of a valid Business Tax Certificate issued in accordance with Chapter 3, Article 1 of this Code; (3) proof of insurance naming the City of San Diego, its officers, and employees, as an additional insured in the form and amounts established by the City Manager; and

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San Diego Municipal Code Chapter 8: Traffic and Vehicles (10-2019)

(4) an agreement to indemnify, defend, and hold the City of San Diego, its
officers, and employees harmless from claims and damages arising out
of or related to the activities of the EPAMD business under the permit
or operation of its business within the City of San Diego.
(b) The City Manager may require other information as part of the permit
application, as permitted by law.
(c) All fees must be paid at the time the permit application is submitted.
(“Application for Permit” added 9-17-2019 by O-21130 N.S.; effective 10-17-2019.)

(a) All permit applications must be accompanied by a non-refundable fee in accordance with the fee schedule established by resolution of the City Council. This fee covers the City of San Diego’s cost of reviewing and processing the permit. (b) The City Manager shall issue a permit upon the EPAMD business’ payment of fees required in this Division and the City Manager’s determination that the permit application is complete, accurate, and in compliance with this Division. (c) The permit shall expire on the same day the EPAMD business’ Business Tax Certificate expires.

(d) If the permit application is denied, the notification and reasons therefor shall be
set forth in writing and shall be sent to the applicant by means of registered
mail or certified mail, or shall be hand-delivered to the applicant.
(“Issuance and Term of Permit” added 9-17-2019 by O-21130 N.S.; effective
10-17-2019.)

(a) EPAMD businesses shall ensure that their riders obey the following rules: (1) conform to the weight specifications recommended by the EPAMD manufacturer; (2) only one rider per EPAMD; (3) riders under 18 years old must be accompanied by a parent or guardian; (4) not operate an EPAMD under the influence of alcohol, drugs, or controlled substances; (5) groups of two or more riders must travel together in a single-file procession.

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San Diego Municipal Code Chapter 8: Traffic and Vehicles (10-2019)

(b) EPAMD businesses shall ensure that every person employed by the business
who conducts guided EPAMD tours has a valid California driver’s license.
(c) EPAMD businesses shall ensure that their EPAMDs are equipped with safety
mechanisms as set forth in Vehicle Code section 21281.
(d) EPAMD businesses shall inform their riders of the requirements of Vehicle
Code section 21281.5 prior to riding an EPAMD.
(“Safety Regulations” added 9-17-2019 by O-21130 N.S.; effective 10-17-2019.)

In addition to the remedies provided in Chapter 1 of this Code, the City Manager may revoke a permit if the EPAMD business violates any provision of this Division or the terms of the permit. (“Enforcement Authority” added 9-17-2019 by O-21130 N.S.; effective 10-17-2019.)

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San Diego Municipal Code Chapter 8: Traffic and Vehicles (2-2020)