Santa Clara Municipal Code Art. IV Pedi-Cab Operator's Permit

(a) No person shall operate any pedi-cab in the city unless the person has a valid operator's permit to do so as hereinafter provided.

(b) Application for a pedi-cab operator's permit shall be made in writing to the Chief of Police setting forth the following information:

(1) The applicant's name, date of birth, address, California driver's license number (if the operator has a current driver's license) or other valid government-issued identification, and past experience with regard to pedi-cab service;

(2) The names and addresses of the applicant's employers during the preceding three years;

(3) Whether an operator's license issued to the applicant by any state or governmental agency has ever been revoked, and the reasons therefor;

(4) Whether the applicant has been convicted of a crime within five years prior to the date of the application, including the nature of the crime;

(5) The name and address of the owner by whom the applicant is to be employed or engaged under contract as a pedi-cab driver;

(6) The endorsement by the owner, by whom the applicant is to be employed or engaged under contract as a pedi-cab driver, on the application stating that the applicant has acquired proficient knowledge of the traffic laws of the State of California and the City, and of the streets of the city, and to safely operate a pedi-cab in the city;

(7) Whether the applicant has paid all applicable taxes imposed by the City, including the business tax certificate if applicant is to be engaged under contract as an independent contractor;

(8) Attaching a printed Department of Motor Vehicles driving record report if the operator has a California driver's license;

(9) Such additional information as the Chief of Police may require.

(Ord. 1989 § 1, 10-16-2018)

The pedi-cab operator permit shall be kept with the operator at all times when the pedi-cab is in service.

(Ord. 1989 § 1, 10-16-2018)

(a) Applicants shall be fingerprinted by the Police Department.

(b) Prior to the issuance of a pedi-cab operator permit, the applicant must demonstrate to the Chief of Police:

(1) Proficient knowledge of the City's ordinance, the traffic laws of the State of California, and the streets of the city.

(2) Ability to properly and safely operate a pedi-cab may be considered in each pedi-cab operator permit evaluation.

(Ord. 1989 § 1, 10-16-2018)

The Chief of Police may deny an application for a pedi-cab operator permit filed by any person who:

(a) Is under the age of eighteen (18) years;

(b) Does not hold a valid driver's license issued by the California Department of Motor Vehicles or other valid government issued identification;

(c) Within five years prior to the date of application, has been convicted of a crime that is substantially related to the qualifications, functions or duties of a pedi-cab operator including, but not limited to:

(1) Hit and run;

(2) An offense involving conduct which requires registration under California Penal Code Section 290;

(3) Any offense involving the use, possession, sale or transportation of controlled substances, where the commission of such offense involved the use of a motor vehicle or pedi-cab; and

(4) Reckless driving or driving under the influence of any drug or intoxicating liquor, regardless of whether the incident resulted in bodily injury or death;

(d) Any other fact or occurrence that renders it unsafe for the applicant to perform the functions or duties of a pedi-cab operator;

(e) Does not demonstrate proficient knowledge of the traffic laws of the State and the City, the streets of the city, or to safely operate a pedi-cab in the city;

(f) Has failed to furnish the information required for the application for the permit;

(g) Has made a false statement, or concealed a material fact, or otherwise committed any fraud in the application;

(h) Has had a pedi-cab operator permit revoked within three years prior to the date of application;

(i) Has failed to pay when due all applicable taxes imposed by the City;

(j) The printed Department of Motor Vehicles driving record report, if the operator has a driver's license, indicates more than three chargeable vehicle accidents within the last three years or more than one such accident in the last one year; or

(k) The Chief of Police may deny the granting of any permit to operate any pedi-cab in the city for any other reasonable cause that, within its discretion, renders the proposed operations unsafe to the City.

(Ord. 1989 § 1, 10-16-2018; Ord. 2007 § 8, 11-19-2019)

(a) Within a reasonable time after receipt of the application, the Chief of Police shall issue a pedi-cab operator permit to the applicant, if the Chief determines that there is no ground for denial of the permit.

(b) The duration of the permit issued pursuant to this chapter shall be for one year from the date of the application.

(c) Renewal of a pedi-cab operator permit shall require a renewal fee and proof of continued employment with owner. Retesting may be required of the pedi-cab operator.

(Ord. 1989 § 1, 10-16-2018)

Each pedi-cab operator permit shall be numbered and signed by the Chief of Police and shall contain the following information:

(a) The date of expiration of permit;

(b) The operator's name;

(c) A description of the operator, including date of birth, sex, height, weight, color of eyes and color of hair;

(d) The name of the owner by whom the operator is employed or engaged under contract;

(e) Photograph; and

(f) Other information as may be deemed necessary by the Chief of Police.

(Ord. 1989 § 1, 10-16-2018)

(a) The pedi-cab operator permit shall be automatically revoked upon the termination of the operator's employment or contract with the owner who endorsed the permit application.

(b) Within twenty-four (24) hours after any termination of employment or contract, the owner and operator shall jointly notify the Chief of Police in writing of such termination and surrender any pedi-cab operator permit in their respective possessions. If said permit is unavailable, the owner and operator shall state on the notification the unavailability of the permit and the reasons therefor.

(Ord. 1989 § 1, 10-16-2018)

(a) The Chief of Police may approve reissuance of a pedi-cab operator permit to an applicant without requiring the applicant's photographs and fingerprints, and the permit fee, if an application endorsed by another owner is filed within six months after the applicant's prior employment or contract with a pedi-cab business as a driver was terminated.

(b) This section does not apply to an applicant whose employment or contract with a pedi-cab business as an operator was terminated for reasons which constituted any of the grounds for denial, suspension or revocation of a pedi-cab operator permit.

(Ord. 1989 § 1, 10-16-2018)

The pedi-cab operator shall wear shoes at all times while on duty. Nothing in this chapter shall preclude an owner from establishing a dress code or similar rules to regulate the appearance of all operators. Operators shall not sleep in their vehicles while on duty.

(Ord. 1989 § 1, 10-16-2018)