Santa Barbara Municipal Code Ch. 5.28 Pedicabs

The Council finds that pedicabs have become an increasingly popular form of nonmotorized transportation for hire in the City of Santa Barbara. This chapter is adopted in response to concerns due to this increasing prevalence of pedicabs. Regulations governing pedicabs, operators, and owners are necessary to protect the general safety and welfare of passengers using pedicabs for hire and pedestrians.

(Ord. 5253, 2002)

For purposes of this chapter:

City.

The City of Santa Barbara.

Darkness.

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.

Decal.

The numbered decal issued by the City to a pedicab owner for display on the pedicab to indicate that the pedicab is permitted to operate.

Identification Badge.

A badge that identifies the operator with a color passport-size photo.

Operator.

Any individual who operates a pedicab within the City of Santa Barbara.

Owner.

Any person who owns a pedicab.

Pedicab.

A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by an individual, and that is used for transporting passengers for receipt of any form of consideration; or

A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by an individual, and that is used for transporting passengers for receipt of any form of consideration.

Pedicab Operating Permit.

A written permit issued by the City authorizing a person to operate a pedicab.

Person.

As used herein includes both singular and plural, and shall mean any individual, firm, corporation, association, partnership, or society exclusive of public agencies.

Police Chief.

The Chief of Police for the City of Santa Barbara.

(Ord. 5253, 2002)

It is unlawful for any person to operate a pedicab within the City without first having obtained a pedicab operating permit issued by the City pursuant to this chapter. Pedicab operating permits are the property of the City and are not transferable to any other operator.

(Ord. 5253, 2002)

A. Before operating a pedicab, an applicant shall apply for a pedicab operating permit in person.

B. The pedicab operating permit application form shall be in a form prescribed by the Police Chief.

C. The applicant shall provide the following information to complete the application under oath or affirmation:

1. The applicant's full name and residence address;

2. The applicant's date of birth; and

3. The applicant's valid California or other United States driver's license.

D. The applicant shall provide the following material to complete the application:

1. Proof that the applicant is 18 years or older;

2. Proof of ability to drive lawfully in the United States;

3. Proof of a valid City of Santa Barbara business license;

4. Two recent color passport-sized photographs; and,

5. Such other material as the Police Chief may require and is approved by the Fire and Police Commission.

E. When an application has been denied, the applicant may not reapply for pedicab operating permit for one calendar year from the date of denial, unless denial is without prejudice.

F. The Police Chief shall investigate the facts stated in an application for a pedicab operating permit and other relevant data.

(Ord. 5253, 2002)

The City shall charge a nonrefundable fee to recover the cost of activities associated with the administration, regulation, and issuance of pedicab operating permits.

(Ord. 5253, 2002)

Pedicab operating permits shall be valid for a period of one year from date of issuance.

(Ord. No. 5253, 2002)

Pedicab operating permits shall be renewable annually upon filing and approval of a new application and payment of a pedicab operating permit fee as determined by the City Council.

(Ord. 5253, 2002)

The Police Chief may deny issuance of a pedicab operating permit if an applicant:

A. Fails to comply with the requirements of this chapter;

B. Misrepresents facts relevant to the fitness of the applicant;

C. Does not possess a valid driver's license issued by a state in the United States;

D. Has any type of driving restrictions issued by the State of California;

E. Is currently required to register pursuant to California Penal Code Section 290;

F. Has been convicted of a crime involving moral turpitude, or narcotics; or

G. Has been convicted for hit and run, driving a vehicle recklessly or while under the influence of intoxicating alcohol or drugs within the three years immediately preceding application for a pedicab operating permit.

(Ord. 5253, 2002)

A. The Police Chief may suspend, for a period not to exceed 30 days, and may revoke a pedicab operating permit if the operator:

1. Misrepresents facts relevant to the fitness of the operator if such misrepresentation becomes known after a permit has been issued;

2. Violates the traffic laws of the City, County or State;

3. Is convicted for misdemeanor reckless driving;

4. Drives a pedicab known to the operator not to be in good order and repair;

5. Knowingly falsifies material and relevant facts on an application for a pedicab operating permit;

6. Is convicted or pleads nolo contendere to the violation of any law involving alcohol;

7. Is convicted or pleads nolo contendere to the violation of any law involving moral turpitude;

8. Operates any vehicle in a manner which constitutes a misdemeanor under the laws of the State of California; or

9. Repeatedly fails to comply with the applicable provisions of this chapter or the rules and regulations prescribed by the Police Chief.

B. The Police Chief shall immediately suspend, for a period not to exceed 30 days, the pedicab operating permit of any operator upon the receipt of information reasonably sufficient and reliable to establish that the operator has committed a violation of law involving:

1. A felony;

2. A sex offense;

3. Soliciting for prostitution;

4. A narcotics offense; or

5. Has had a license to drive issued by the State of California either suspended or revoked by the State.

C. The Police Chief shall immediately revoke the pedicab operating permit if that operator has been found guilty by final judgment of a court of competent jurisdiction of a violation of the law involving:

1. A felony;

2. A sex offense;

3. Soliciting for prostitution; or

4. A narcotics offense.

D. Upon suspension or revocation, the operator shall immediately surrender the pedicab operating permit to the Chief of Police. In the event of suspension, the Police Chief shall return the pedicab operating permit to its operator immediately after termination of the suspension period.

(Ord. 5253, 2002)

A. The City shall issue an identification badge to an individual after that individual has been issued a pedicab operating permit.

B. While the pedicab is in operation, the pedicab operator shall wear the identification badge at all times on his or her person, in a manner clearly visible to the public.

C. It is unlawful for a pedicab operator to fail to wear an identification badge, in a manner clearly visible to the public, while operating a pedicab.

D. Identification badges are the property of the City and are not transferable to any other operator. In the event that an operator's pedicab operating permit is suspended or revoked, the operator shall also immediately surrender the identification badge to the Chief of Police. In the event of a suspension, the Police Chief shall return the identification badge to its holder immediately after termination of the suspension period.

(Ord. 5253, 2002)

A. It is unlawful for any owner to lease, rent, or allow a pedicab to be operated for hire within the City without first having obtained a decal issued pursuant to this chapter. The decal shall be affixed to the pedicab on the rear or back side of the pedicab in a manner clearly visible to the public.

B. It is unlawful for any person to operate a pedicab that does not have a valid decal affixed to it.

C. Decals are the property of the City and are not transferable to any other pedicab.

(Ord. 5253, 2002)

A. Before allowing a pedicab to be operated for hire, an owner shall obtain a pedicab decal.

B. The pedicab decal application form shall be prescribed by the Police Chief.

C. The applicant shall provide the following information to complete the application:

1. The full name and address of the applicant;

2. The name and address of all legal and registered owners of the pedicab; and

3. A description of the vehicle, including trade name, if any, serial number or owner identification number, and body style.

D. Applicants shall also provide proof of insurance in accordance with Section 5.28.260 herein.

(Ord. 5253, 2002)

Pedicab decals will be issued only when a pedicab meets all of the following requirements:

A. A battery-operated headlight capable of projecting a beam of white light for a distance of 300 feet shall be permanently affixed to the pedicab;

B. Battery-operated taillights shall be permanently affixed on the right and the 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 to the rear of the pedicab; and

C. Those requirements related to bicycles listed in California Vehicle Code Section 21201.

(Ord. 5253, 2002)

The City shall charge a nonrefundable fee to recover the cost of activities associated with the administration, regulation, and issuance of pedicab decals.

(Ord. 5253, 2002)

Pedicab decals shall be valid for a period of one year from date of issuance.

(Ord. 5253, 2002)

Pedicab decals shall be renewable annually upon filing of a new application and payment of a pedicab decal fee.

(Ord. 5253, 2002)

The City may deny issuance of a pedicab decal if the Police Chief determines that the pedicab does not meet the requirements of this chapter or applicable State law.

(Ord. 5253, 2002)

A. Decals may be suspended by the Police Chief for a period of one to 30 days or revoked at any time if the owner:

1. Fails to comply with the applicable provisions of this chapter or the rules and regulations prescribed by the Police Chief;

2. Fails to maintain insurance as required by Section 5.28.260;

3. Fails to notify the Police Chief 30 days prior to the effective date of liability insurance cancellation or change of insurer;

4. Fails to maintain pedicabs in good order and repair as prescribed herein;

5. Provides false statements on an application for a decal;

6. Fails to pay any fees or damages lawfully assessed upon the ownership or operation of any pedicab licensed under this chapter; or

7. Violates any of the provisions of this chapter or any applicable City, State, or Federal laws, rules, or regulations.

B. Decals which have been suspended shall forthwith be surrendered to the Police Chief for a period covering the term of suspension. The Police Chief shall return the decal to its holder immediately after termination of the suspension period.

C. Decals which have been revoked shall forthwith be surrendered to the Police Chief by the holder thereof.

D. The Police Chief shall notify in writing and by certified mail, any decal holder whose permit has been suspended or revoked. Such notice shall state any and all reasons for such action as well as all laws or regulations violated by the decal holder.

(Ord. 5253, 2002)

Pedicab owner operators are subject to all applicable City, County, State, and Federal laws, rules, and regulations.

(Ord. 5253, 2002)

Each holder of a decal and pedicab operating permit involved in any accident resulting in property damage or personal injury of any kind, shall within 48 hours thereof give written report thereof to the Police Chief. A copy of a report required under State law shall be deemed sufficient for such purposes; otherwise, such report shall contain all information required with respect to reports otherwise required under state law as to amounts involved.

(Ord. 5253, 2002)

It is unlawful for any individual under the age of 18 to operate a pedicab.

(Ord. 5253, 2002)

A. It is unlawful for any individual without a motor vehicle driver's license issued by a state in the United States to operate any pedicab within the City.

B. While the pedicab is in operation, the pedicab operator shall have his or her valid driver's license on his or her person at all times.

(Ord. 5253, 2002)

It is unlawful for a person to operate a pedicab without first obtaining a business license.

(Ord. 5253, 2002)

A. It is unlawful for any person to operate, or cause to be operated, a pedicab during the hours of darkness, without a permanently affixed headlight capable of projecting a beam of white light for a distance of 300 feet.

B. It is unlawful for any person to operate, or cause to be operated, a pedicab during the hours of darkness, without using permanently affixed 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 to the rear of the pedicab.

C. It is unlawful for any person to operate, or cause to be operated, a pedicab in an unsafe operating condition.

(Ord. 5253, 2002)

It shall be a condition precedent to the issuance of a decal that a completed certificate of insurance, on a form provided by the City, be filed with the City Clerk by the owner. Said certificate shall provide evidence of insurance in amounts and with conditions acceptable to the City. The owner's insurance shall remain in full force, at a level at least equal to the minimum requirements of the City, or the owner's decal shall be subject to revocation or suspension pursuant to this chapter.

(Ord. 5253, 2002)

A. The Police Chief shall notify the applicant that the issuance of his or her pedicab operating permit or decal has been denied. The Police Chief shall also notify the applicant of the right to appeal the denial to the Fire and Police Commission. Any written appeal shall be filed with the Police Chief within 10 calendar days after service of notice of denial. Service shall be by regular postal service or personal delivery. The applicant shall set forth in the appeal the reason why the denial is not proper.

B. If no appeal is filed within the time allowed, the decision of the Police Chief to not issue the pedicab operating permit or decal shall be considered final.

C. The Fire and Police Commission shall hear an appeal within 15 days after a notice of appeal is filed with the Police Chief as required by this subsection.

D. A denial shall remain in effect until a duly filed appeal is heard by the Fire and Police Commission. The Fire and Police Commission shall suspend a pedicab operating permit for as long as a license to drive and vehicle issued by the State of California is suspended or revoked by the State. In the case of suspension for any other reason under this section, the Fire and Police Commission shall consider the propriety of the suspension and may either rescind or continue the suspension as may be required to protect public safety, peace and welfare.

(Ord. 5253, 2002)

A. The City shall notify the pedicab operator or owner that his or her pedicab operating permit or decal has been suspended or revoked. The Police Chief shall also notify the pedicab owner or operator of the right to appeal the suspension or revocation to the Fire and Police Commission. Any written appeal shall be filed within 10 calendar days after service of notice of suspension or revocation. The pedicab operator or owner shall set forth in the appeal the reason why the suspension or revocation is not proper.

B. If no appeal is filed within the time allowed, the pedicab operating permit or decal shall be considered suspended or revoked and the pedicab operator or owner shall immediately surrender the pedicab operating permit or decal in the manner prescribed by the City.

C. Once a timely appeal is filed, the suspension or revocation of the operating permit or decal shall be stayed pending the final determination by the Fire and Police Commission.

(Ord. 5253, 2002)

A. If an applicant served with a notice of denial, suspension, or revocation chooses to appeal, he or she shall file an appeal within 10 calendar days from the service of the notice.

B. Appeals to the Board of Fire and Police Commissioners.

1. Any decision of the Police Chief which is a denial to issue or a suspension or revocation of any pedicab operating permit or decal shall not become final until 15 days after the date of transmittal of the written notice to the person affected by such decision, during which period the party to the action may appeal the decision in the manner provided herein at any time prior to the expiration date of the 15 day period. If no appeal is taken before the expiration of the 15 day period, the decision of the Police Chief shall be final.

2. The appeal of any decision shall be in writing signed by the party to the action briefly setting forth the reasons why such decision is not proper, stating an address at which the appellant will receive notices and filed with the Clerk of the City.

3. Upon filing an appeal, the party to the action shall be entitled to a hearing by the Fire and Police Commission within 30 days after the date of filing the appeal.

4. The appellant (or a representative) shall have the right to present his or her case in person.

5. The Fire and Police Commission shall consider the case record as well as any statements offered by interested parties. The hearing will be conducted according to administrative rules relating to evidence and witnesses as adopted by the Commission.

6. If the Fire and Police Commission refuses to issue or restore a pedicab operating permit or decal, the party to the action, or such party's agent, shall not file a new application within 365 days from the date of final action by the Board of Fire and Police Commissioners.

7. If the Fire and Police Commission suspends a pedicab operating permit or decal, the Police Chief shall determine a period of suspension of not more than 30 days, which is in accordance with the schedule of penalties developed by the Tax and Permit Inspector.

8. If the Fire and Police Commission's action is to grant or restore a decal or permit, the Commission shall direct the Police Chief to issue or restore the certificate or license.

C. Appeals to the City Council. Appeals to the City Council from the decision of the Fire and Police Commission shall be made pursuant to the provisions of Section 1.30.050 of this code.

(Ord. 5253, 2002)

The City is authorized to administer and enforce the provisions of this chapter. The City may exercise any enforcement powers as provided in this code.

(Ord. 5253, 2002)

Violations of this chapter may be prosecuted as infractions or misdemeanors subject to the fines and custody provided in Municipal Code Chapter 1.20. The City Attorney may also seek injunctive relief and civil penalties in the Superior Court or pursue any administrative remedy provided in Chapter 1.25 of this code.

(Ord. 5253, 2002)

Violations of this chapter shall be treated as strict liability offenses.

(Ord. 5253, 2002)

A decal holder shall, and by acceptance of the permit does, agree to hereby indemnify and hold the City of Santa Barbara, its officers, employees and agents from any and all damages, claims, liabilities, costs, suits, or other expense resulting from and arising out of said decal holder's operations.

(Ord. 5253, 2002)

A. Any pedicab permitted by the City as a pedicab shall be operated according to the pedicab provisions of this chapter.

B. Each operator shall carry in the vehicle a current map of the City. Upon request, the operator shall make the map available to the passenger.

C. Every pedicab shall have permanently affixed to the outside thereof, in a place readily to be seen by passengers, a frame covered with clear plastic, enclosing a card upon which shall be printed in plain, legible letters the schedule of rates authorized for carriage in such pedicab.

D. An operator shall not deceive any passenger who rides in the vehicle, or who expresses a desire to ride in such vehicle, as to that passenger's destination or the rate to be charged.

E. Every vehicle while in operation for the solicitation or transportation of passengers shall be attended by the operator at all times except when such driver is actually engaged in loading or unloading the vehicle, or in answering telephones in connection with the business.

F. An operator shall not leave the pedicab operating permit in an unattended or unsecured pedicab.

G. No owner or operator of a pedicab shall knowingly permit such pedicab to be used for unlawful purposes or knowingly to transport persons therein to places for such purposes.

H. It shall be the duty of the operator to give any passenger so requesting, a receipt in writing signed by the operator.

I. Operators shall not stop to load or unload passengers or their belongings in the intersection of any street or any marked crosswalks. No pedicab shall load or unload in any such manner that will in any way impede or interfere with the orderly flow of traffic on the streets.

J. An operator shall assist a passenger in and out of a pedicab when requested; however, a driver is not required to lift a passenger.

K. No operator shall transport any more persons, including the operator, than the manufacturer's designated seating capacity for the pedicab.

L. All operators shall comply with all reasonable and lawful requests of a passenger as to the speed of travel and the route to be taken.

M. Cruising is permitted, but only when such movements do not usually obstruct the normal flow of traffic. If it is determined by the Police Chief upon review of actual traffic data that cruising significantly obstructs the normal flow of traffic at certain locations or times, the City Administrator may, by administrative order, prohibit cruising at such locations or times.

N. Every pedicab shall be operated in accordance with the laws of this State, the provisions of this chapter and other ordinances and laws of the city, with due regard to the safety, comfort and convenience of passengers and the general public.

O. The Police Chief is empowered to make regulations necessary to make effective the provisions of the Chapter, to cover emergencies or special conditions. In the event that after 90 days the experimental regulations have proved satisfactory, they may be placed into effect permanently by authorization of the Fire and Police Commission.

(Ord. 5253, 2002)