Chapter 11.76

ELECTRIC CARTS*

Sections:

Editor’s note— Ord. 29547, § 3, adopted April 21, 2015, repealed § 11.72.180, which pertained to bicycle lane signs and derived from prior code § 3426.

It shall be unlawful to ride or operate a bicycle on any sidewalk located within any designated area. (Ord. 29515.)

• 11.76.030 Permit - Application.

• 11.76.040 Permit - Issuance and term.

• 11.76.050 License sticker - Issuance and attachment to vehicle.

• 11.76.060 Affidavit of disability required when.

• 11.76.070 Operating test authorized when.

• 11.76.080 Permit - Grounds for denial.

• 11.76.090 Permit - Suspension conditions.

• 11.76.100 Operation a privilege - Grievances.

• A. Notwithstanding Section 11.72.190 of this chapter, or any other section of this Code, police officers may ride or operate bicycles in the performance of their duties on sidewalks within a designated area.

• B. Notwithstanding Section 11.72.190 of this chapter, or any other section of this Code, any

• 11.76.110 Equipment requirements.

*State law reference— For statutory provisions authorizing local authorities to permit the operation of electric carts on public sidewalks, see Vehicle Code § 21114.5.

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§ 11.76.030

Where used in this chapter, the following words and terms are hereby defined and shall mean as indicated below:

• A. "Cart" means an electrically powered, onepassenger, three-wheel or four-wheel vehicle, adapted to or commonly used by persons who are disabled, for nonhighway or nonstreet transportation. To be considered a cart, the width of the vehicle shall be more than thirty inches wide, with a length of at least forty-eight inches, and powered by more than two twelvevolt standard automobile batteries. The cart shall possess the required safety equipment hereinafter set forth in this chapter.

• B. "Cart operator's permit" means a document issued, pursuant to the provisions of this chapter, by the chief of police, which authorizes a disabled person to operate a cart on the sidewalks of the city, subject, however, to the provisions of this chapter and to the rules promulgated and prescribed by the chief of police relating to areas restricted to cart use, time of use, and special safety equipment required to be attached to or installed in the cart.

• C. "Chief of police" means the chief of police of the city or his duly authorized representative.

• D. "City" means the City of San José, a municipal corporation of the state of California.

• E. "Disabled person" means any human being who:

  1. Has lost one or both feet or legs or the effective use thereof; or

  2. Is so physically handicapped as to be unable to walk without the assistance of another person or a mechanical device; or

  3. The physical act of walking subjects the person to abnormal pain; or

  4. The physical effort involved in walking endangers the person's health or life; or

  5. The act of walking has been so impaired as to render walking as a means of personal transportation impracticable.

• F. "Operator" means a disabled person who has been issued and holds a valid and current cart operator's permit which authorizes said person to operate a cart on and along the sidewalks of the city.

• G. "Sidewalk" means a public sidewalk located within the corporate boundaries of the city and owned by the city.

• H. "Sticker license" means a shaped piece of plastic or weather-resistant paper which can be easily affixed to the cart for the purpose of identifying the cart as being authorized for use on the sidewalks of the city. The information to be set forth thereon shall be prescribed by the chief of police.

(Prior code § 3811.)

No person shall operate an electrically powered cart upon or over the sidewalks of the city unless such person is a disabled person, as defined in Section 11.76.010, and has obtained a permit to do so from the chief of police of the city. (Prior code § 3810.)

Any disabled person who desires to operate a cart on the sidewalks of the city shall prepare and file with the chief of police an application for a permit to operate such cart. The application shall contain information regarding the applicant, the type or nature of the applicant's disability, the type of cart to be operated, and any other information that the chief of police may deem relevant and

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necessary to properly evaluate the applicant and his request for the privilege to operate a cart on the sidewalks of the city. Application forms shall be furnished by the chief of police upon request. (Prior code § 3812.)

The chief of police shall issue to any disabled person who owns, leases, rents or otherwise has the right of possession to or use of a cart a permit to operate a cart on the sidewalks of the city. The term of the cart permit shall be for a period of one year from date of issuance, and shall be subject to suspension or revocation as hereinafter provided. (Prior code § 3813.)

The chief of police shall issue a license sticker to be affixed to cart that is to be operated by the disabled person. No license sticker shall be issued for affixing to any electrically powered vehicle unless it meets the requirements of this chapter and is owned, leased, rented, in the possession of or available for the use of a disabled person who qualifies for an operator's permit. (Prior code § 3814.)

In any case in which the nature of the applicant's disability is not readily apparent to the chief of police by visual observation, the chief of police may require that the applicant submit a written affidavit, sworn to under oath on penalty of perjury, describing the nature and type of infirmity which he believes qualifies him as a disabled person as hereinabove described. (Prior code § 3815.)

The chief of police may require any applicant for an operator's permit to demonstrate his/her ability to operate the cart under such conditions as the chief of police believes the applicant may be reasonably expected to encounter. (Prior code § 3817.)

The chief of police shall deny the issuance of an operator's permit to operate a cart on the sidewalks of the city for the following reasons:

• A. The applicant is not a disabled person as defined in this chapter;

• B. The physical or mental disability of the applicant is so severe as to make the operation of a cart on the sidewalks dangerous to pedestrian users of the sidewalks or to the disabled person;

• C. The applicant has not attained sufficient expertise in the operation and manipulation of the cart so as to enable him to safely operate the same under normal operating conditions;

• D. The applicant had obtained a previous permit which had been suspended as herein provided, and said suspension is still in effect on the date the new permit application gas filed;

• E. The applicant's previous permit had been revoked within two years last past because of a conviction in a court of competent jurisdiction of operating a cart on the sidewalks while under the influence of alcohol and/or illegal drugs;

• F. Refusal by applicant to furnish a statement sworn to under oath on penalty of perjury regarding disability when requested by the chief of police;

• G. Refusal by applicant to take a cart operating test when requested by the chief of police.

(Prior code § 3816.)

The chief of police may suspend for a period of not to exceed ninety days the permit of any disabled person who has been convicted in a court of competent jurisdiction for the violation of negligent or reckless cart operations. The chief of police may revoke or suspend for a period not to exceed one hundred eighty days the permit of any disabled person who has been convicted in a court

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of competent jurisdiction of operating a cart on the sidewalks while under the influence of intoxicating liquor and/or illegal drugs. (Prior code § 3820.)

The operation of a cart on the sidewalks of the city by a disabled person pursuant to the issuance of a permit is a privilege and not a right, and is similar in nature to a license issued by the state to operate a motor vehicle upon and along the public streets and highways. Any grievances of an applicant or operator, based upon suspension of an operator's permit, or refusal to issue the operator's permit shall be subject to judicial review only on grounds that the official decision related thereto was whimsical, arbitrary, capricious or fraudulent. (Prior code § 3822.)

No cart shall be operated on the public sidewalks of the city unless it is equipped with a functional rear view mirror on the right and left side of the cart, a horn or other warning device, and, if operated on the sidewalks between sundown and sunrise, a front driving light and two lighted, red rear warning lights. The abovementioned equipment must be considered satisfactory by the chief of police before a sticker is issued for the cart. (Prior code § 3819.)

No cart operator shall operate a cart on the sidewalks in any manner that is inconsistent with or in violation of the following driving rules:

• A. A cart shall at all times be operated at a safe speed so as not to endanger pedestrians who are standing or walking on the sidewalks, the cart operator, and property, but at no time at a speed in excess of five miles per hour.

• B. A cart shall at all times be operated on the cart operator's right side of the sidewalks, except:

  1. When passing obstructions on the sidewalks; or

  2. When passing a pedestrian, in which event the passing shall be made on whichever side the pedestrian yields.

• C. A cart operator shall not permit any passengers to ride on or in the cart vehicle being operated on the sidewalks.

• D. In all encounters between a pedestrian and a cart, the pedestrian shall have the right-of-way, and in all situations the cart operator shall operate his cart in accordance to this sidewalks-use priority.

• E. When a cart operator intends to pass a pedestrian, the operator shall sound a horn or other warning device at a distance of at least one hundred feet from the pedestrian and shall continue the warning sound until the operator is sure that the pedestrian is aware of the approaching cart and the operator's intention to pass.

• F. No cart shall be operated on the sidewalks by an operator who is under the influence of intoxicating liquor and/or illegal drugs. For the purpose of this subsection, the provisions of the California Vehicle Code relating to the operation of motor vehicles on the public streets and highways shall be applicable, except that the conviction for violating any of the provisions of this subsection shall be considered as a violation of the San José Municipal Code and shall be punished in accordance with the punitive sanctions provided for herein.

• G. No operator shall drive a cart on the sidewalks in a negligent or reckless manner. For the purpose of this subsection, the provisions of the California Vehicle Code relating to the operation of motor vehicles on the public streets and highways shall be applicable, except that the conviction for violating any of the provisions of this subsection shall be considered as a violation of the San José Mu-

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nicipal Code and shall be punished in accordance with the punitive sanctions provided for herein.

• H. No operator shall stop or park his cart on the sidewalk for a continuous period of time in excess of one hour. When so stopped or parked the cart shall be located on the street side of the sidewalk and as close to the edge of the sidewalk as is practicable, but in no event shall the street side wheels of the cart be more than six inches from the edge of the sidewalk.

• I. Prior to any change in direction of movement the cart operator shall indicate his intention of such change by arm and hand signal provided for in the California Vehicle Code for observation by motor vehicles operating on the public streets and highways. The signal for change of direction shall be made at least twentyfive feet prior to the point at which the direction change maneuver will he accomplished. No cart shall he operated, stopped or parked on the sidewalks of the city between sundown and sunrise unless it has attached or affixed thereto lighting equipment required in this chapter and that said lighting equipment is in full operation.

• J. While operating a cart on the sidewalks, all operators shall have in their possession a cart operating permit and shall present the same to any police officer for inspection upon request.

(Prior code § 3818.)

The Financial Responsibility Act of the state of California, or as amended, and which relates to the operation of motor vehicles on the public streets and highways of the state and accidents involving same, shall apply to the operation of carts on the sidewalks of the city and accidents involving same,

except that the official responsible for the enforcement of the provisions of said act and the suspending authority shall be the chief of police. (Prior code § 3821.)