Solvang Municipal Code Ch. 7 Pedicycle Rentals

The city council finds that the operation of human-powered three and four wheeled vehicles on the city's streets can create traffic hazards for the city's residents and visitors. The purpose of this chapter is to ensure that the operators of pedicycle rental businesses maintain adequate and appropriate liability insurance.

(Ord. 87-74, 1987; Amd. 2001 Code)

In this chapter, unless the context otherwise requires, the following definitions apply:

Pedicycle.

A device upon which a person or persons may ride, propelled by human power through a belt, chain or gears having three or more wheels.

Pedicycle Rental Business.

Any person or entity engaged in the business of renting, leasing or otherwise making pedicycles available for hire.

(Ord. 89-104, 1989)

There is conferred upon the city manager all powers and duties necessary for the administration of this chapter. There is also conferred upon the city manager the authority and power to designate such officers and employees of the city, and of other cooperating agencies, as may be required to assist him or her in carrying out the purpose and intent of this chapter.

(Ord. 89-104, 1989)

A. It is unlawful for any pedicycle rental business to rent, lease or otherwise make a pedicycle available for hire, unless the pedicycle rental business has obtained either

1. A pedicycle permit as provided in this chapter, or

2. A major conditional use permit, provided such major conditional use permit includes a condition requiring annual certification of insurance meeting the requirements of subsections (B)(2)(b) and D of this section.

B. Conditions for Issuance of Pedicycle Permit.

1. The city manager is authorized to issue pedicycle rental permits upon written application on forms to be provided by the city manager.

2. The city manager shall issue and renew a pedicycle rental permit authorizing a permittee to engage in pedicycle rentals, if, and only if, both of the following conditions are satisfied:

a. The applicant pays the permit fee specified in subsection C of this section; and

b. The applicant provides the city manager with a copy of an insurance policy with limits of not less than one million dollars ($1,000,000.00), or a certificate of such policy, together with evidence of current payment of premiums, insuring against any liability to the public incident to the use of or resulting from any accident with respect to pedicycles or a pedicycle rental business. Each such policy, which shall remain in force during the permit term, shall: (i) name the city, its officers, its employees and its agents as additional insureds; (ii) contain an endorsement requiring 30 days' written notice to the city before any cancellation or change in the nature, scope, or amount of coverage; and (iii) provide that it is noncontributing with any insurance that may be carried by the city. Within five days of any request by the city for evidence of a permittee's maintenance of the insurance required to be maintained under this chapter, the permittee shall deliver to the city reasonable evidence demonstrating compliance with the requirements set forth in subsection (B)(2)(b) of this section, including the current payment of premiums.

C. Permit Fee. The permit fee for this chapter shall be established by resolution of city council and shall be sufficient to defray the full cost of processing permit applications, issuing permits and enforcing the terms of this chapter. The fee imposed by this chapter is in addition to any other fees or taxes imposed by this code or by any other law.

D. Changes in Permit Information. A pedicycle rental business shall immediately notify the city manager of any changes in the information required in the permit application, including, without limitation, the identity, address or phone number of any permit holder.

E. Term—Renewal. A pedicycle rental permit issued in accordance with this chapter shall be valid for a period of one year from the date of issuance. A permit holder may renew the permit by filing an application for renewal with the city manager, and the city manager may renew the permit in accordance with the requirements set forth in subsection (B)(2) of this section.

F. Revocation. The city manager shall revoke a pedicycle rental permit if the permit holder has failed to maintain the insurance policy required in subsection (B)(2)(b) of this section, and the revocation shall take effect immediately. A permit revoked by the city manager shall be reinstated for its remaining term upon the permittee’s submission to the city manager of a copy of an insurance policy or certificate of insurance complying with the requirements of subsection (B)(2)(b) of this section and the payment of a permit reinstatement fee in an amount established by resolution of city council.

(Ord. 89-104, 1989; Amd. 2001 Code; Ord. 23-0365 § 1; Ord. 23-0373, §§ 7, 8)