Solvang Municipal Code Ch. 12 Electric Trolley Licenses

The city is a major tourist attraction due to its Danish theme or motif. Without this Danish theme or motif tourists would not be as readily attracted to the city which would in turn materially and adversely affect the economy of the city and its businesses. As a result of the theme or motif of the city attracting tourists, the city has the opportunity to attract different types of motorized vehicles like electric trolleys that transport tourists for hire over the city-owned and maintained streets and roads. Failure of electric trolleys to conform to or blend into the theme or motif of the city will tend to reduce or destroy the effectiveness of the theme or motif in attracting tourists to the city. Additionally, the time that the city is most congested with tourists are the times when it is most profitable for electric trolleys to operate potentially aggravating traffic and congestion problems or creating parking problems when on-and off-loading passengers. There is therefore a pressing need to carefully regulate and control, under license, the operation of electric trolleys for hire in the city. If such electric trolleys cannot be regulated effectively, they may be totally banned.

(Ord. 21-0350 § 2)

Electric Trolley.

A device propelled, moved, drawn or conveyed upon a road by an electric motor used for the transportation of more than ten persons, including the operator, for compensation or profit within the city of Solvang.

License.

A license means the license issued by the city council for the operation of electric trolleys pursuant to this chapter.

Licensee.

A licensee is the person, persons, or entity applying for or holding a license issued pursuant to this chapter.

Operator.

An operator is a person holding a valid California commercial driver's license with a passenger endorsement who operates an electric trolley licensed under this chapter.

Theme or Motif.

The theme or motif of the city shall be that of a nineteenth-century Danish village. The details of the theme or motif may be further defined or described in resolutions duly adopted by the city council.

(Ord. 21-0350 § 2)

It is unlawful for any person or entity to operate any electric trolley on any streets or roads owned and/or maintained by the city, without first obtaining, and thereafter maintaining in good standing, a license permitting such activities.

(Ord. 21-0350 § 2)

A. Filing. Any person or entity which at the time of enactment of this chapter operates or thereafter proposes to operate an electric trolley on any street or road owned and maintained by the city, shall first make written application for a license to conduct such activities to the city manager on a form to be provided by the city manager.

B. Contents of Application. The application for such license shall contain the following:

1. The name, business address, home address (if different), and telephone number of the person or persons desiring the license, and in the case of a partnership, joint venture, corporation or other entity, the names, business address, home addresses (if different) and telephone numbers of the general partners, officers and directors, or other responsible persons in charge, as the case may be;

2. Photographic images, in color, at least three inches by five inches in size, clearly depicting a side and a front view, and interior view of each electric trolley to be covered by the license and the costumes or uniforms the operators will wear;

3. The number of electric trolleys proposed to be in operation at one time;

4. A map showing the proposed routes of the electric trolleys, the speed limit on each of the streets within the route, the locations at which passengers are to be picked up and dropped off, the place where the electric trolleys will be kept when not it use;

5. A schedule of the proposed days and hours of operation of each electric trolley;

6. A description of the maximum and anticipated operating speeds of each electric trolley, and the maximum number of passengers authorized by the California Vehicle Code;

7. A description of the maintenance and service schedule for each electric trolley;

8. A description of the accessibility features of each electric trolley;

9. A statement certifying each electric trolley is compliant with the American with Disabilities Act of 1990 and meets the accessibility specifications of Title 49, Part 38 of the Code of Federal Regulations;

10. The names and copies of valid California issued commercial driver's licenses with passenger endorsement of each operator of the electric trolleys;

11. A letter from a licensed insurance broker or insurance company to the effect that the insurance required by this chapter will be issued when the license has been obtained and the premium is paid;

12. Any other information deeded necessary by the city manager to ensure safe and orderly operation of the electric trolleys, safety of passengers, minimum interference with both vehicular and pedestrian travel of city streets and roads, minimum interference with vehicular parking, electric trolley parking and parking of animal-drawn conveyances, and compliance with applicable laws and regulations of the city, county, state and federal governments.

(Ord. 21-0350 § 2)

Each application for a license hereunder shall be accompanied by a fee in an amount or amounts set from time to time by the city council by resolution.

(Ord. 21-0350 § 2)

As soon as practicable, after each application for a license hereunder has been filed and the required fee paid, the city manager or representative, and any concerned city officer, shall inspect the electric trolleys for compliance with the laws of the state and the city, accessibility specifications, the proposed routes of travel, proposed places for picking up and unloading passengers and locations for out-of-service electric trolleys. Thereafter, inspections may be made at any reasonable time or times, whether or not in response to requests or complaints received, to ensure continued maintenance and safe operation or to ascertain whether or not all conditions of the license and all applicable laws and regulations are being fully complied with.

(Ord. 21-0350 § 2)

A. If the application required by section 4-12-4 of this chapter is full and complete, the application shall be accepted and the city clerk shall set the application for public hearing before the city council.

B. At least 10 days prior to the time set for the hearing notice of the public hearing shall be published once in a newspaper of general circulation in the city and be posted in three public places.

(Ord. 21-0350 § 2)

A. Subject to the terms and provisions of this chapter, the city council may approve, conditionally approve or deny the application for the license.

B. The city council may grant the license, as applied for or in modified form, on a determination that the following standards will be met:

1. The appearance of the electric trolley will conform to the theme or motif of the city.

2. The costumes or wearing apparel of the operators for the electric trolley will conform to the theme or motif of the city.

3. The routes and time of operation of the electric trolleys will not substantially or unreasonably adversely deteriorate the quality of traffic, parking availability or aggravate congestion within the city.

4. The granting of the license will not be detrimental to the health, safety and general welfare of the city.

5. All application requirements are met.

C. The decision of the city council shall be final.

(Ord. 21-0350 § 2)

A. Ensure Public Health and Safety. Any license issued hereunder shall contain such conditions deemed necessary and appropriate to ensure public health, safety and welfare, including, without limitation, designation of restrictions on routes to be followed; hours and days of operations; maximum number of passengers; location for pickup and discharge of passengers; standards of care, maintenance, and condition of the electric trolleys; requirements for operators of electric trolleys relative to vehicle traffic and safety, including, if necessary to mitigate traffic congestion, a limitation on the number of electric trolleys in operation at one time or certain times, safe and courteous treatment of and assistance to passengers and such conditions as shall assure continuing compliance by the licensee with this chapter.

B. Accessibility. Any license issued hereunder shall contain a condition that all electric trolleys shall be operated in a manner compliant with the American with Disabilities Act of 1990 and applicable provisions of the Code of Federal Regulations, Title 49, Parts 37–39.

C. Bond May Be Required. The city council may condition the license on the posting of a bond to ensure compliance with the license. Licensee shall execute a written promise on the license itself to faithfully observe and obey all conditions thereof, that he or she has received a copy of this chapter, is familiar with its terms and agrees to be bound thereby.

D. Posting of License. The license shall be kept in the conveyance at all times while valid and shall be available for public inspection at all times during business hours.

E. Speed Limit. The electric trolleys shall not be operated on roads with speed limits over 35 miles per hour and shall not be operated at speeds in excess of 25 miles per hour or any posted speed limit, whichever is slower.

F. Changes to Licensee Information. The licensee shall immediately notify the city manager of any material changes in the information required for an application (except as to changes imposed by license conditions), including, but not limited to, any change in the number or type of electric trolley, number or identity of operators, change of address or phone numbers of licensee, owners, officers, or directors. Failure to notify the city manager of any material change shall be deemed a material violation of this chapter.

G. Indemnity and Insurance. Licensee agrees to indemnify, defend and hold harmless the city, its officers, employees and agents from all claims, loss and liability arising out of or connected in any way with the operation or use of the licensee's electric trolleys. In this regard, licensee shall take out and keep in full force and effect during the entire term of its license issued pursuant to this chapter and any renewal thereof, commercial general liability and automobile insurance covering personal injury or property damage in an amount of not less than one million dollars ($1,000,000.00) single limit or such other amounts as may be required by the city attorney. Said insurance shall specifically provide that the insurance shall be primary and any other insurance that the city carries shall be deemed excess insurance. Before a license is issued hereunder, a certificate showing such insurance and naming the city as an additional insured by endorsement of the insurance policy, together with an agreement to notify the city in writing of any cancellation of coverage 30 days in advance or any claims filed under said policy, shall be issued to the city clerk.

H. No license issued hereunder may be sold, assigned, mortgaged or otherwise transferred without the consent of the city council.

(Ord. 21-0350 § 2)

A. Any license issued pursuant to this chapter shall be for up to five years.

B. Any license issued pursuant to this chapter may be renewed for additional terms of up to five years per renewal following a further hearing for each renewal, based upon the same notice and requirements as the original application and subject to payment of a license renewal fee in an amount or amounts to be set by the city council as sufficient to cover all costs of investigating and processing the license renewal request and issuance thereof.

(Ord. 21-0350 § 2)

Within 15 calendar days of an accident involving any licensee's electric trolleys resulting in injury or death to persons, or damage to property in the amount of $1,000 or more, licensee shall file a full report of the facts and circumstances of such accident with city clerk. A copy of the report required to be filed under Vehicle Code section 16000 shall be a sufficient report.

(Ord. 21-0350 § 2)

A. Driver's License Required. Operators of electric trolleys shall have a valid California commercial driver's license with a passenger endorsement in their possession at all times when operating an electric trolley licensed under this chapter and shall show such commercial driver's license to law enforcement officers on demand.

B. Obey Traffic Laws and Regulations. Operators shall further scrupulously obey and comply with all applicable traffic laws and regulations and shall observe the state laws regarding operation of a vehicle under the influence of alcohol and/or drugs.

C. Provision of Services. It shall be a violation of this chapter for any operator of an electric trolley to refuse or neglect to convey an orderly person or persons upon request unless unable or forbidden by the provisions of this chapter so to do. It shall be a violation of this chapter for any operator of an electric trolley to discriminate against any passenger on the basis of disability or otherwise operate the electric trolley in violation of the Americans with Disabilities Act of 1990 and applicable provisions of the Code of Federal Regulations, Title 49, Parts 37–39.

D. Speed Limit. Operators shall not operate electric trolleys licensed under this chapter at a speed in excess of 25 miles per hour or any posted speed limit, whichever is lower.

E. Attendance, Appearance and Conduct of Operators and Electric Trolleys.

1. Operators shall at all times when operating electric trolleys be neat, clean and sober.

2. Operators' uniforms or costumes and the electric trolleys shall be in keeping with the Solvang theme and motif.

3. Operators shall treat all customers courteously and shall attempt to keep good order among passengers; however, operators may refuse service to, or put off of the electric trolley, any persons whose conduct annoys or endangers other persons.

4. At least one operator shall be in attendance at each electric trolley at all times when any electric trolley is on the streets of the city.

(Ord. 21-0350 § 2)

A. A license issued under this chapter may be revoked or suspended by the city council if the licensee, or any of its operators, has:

1. Violated any of the provisions of this chapter;

2. Discontinued operations for more than 30 consecutive days within a period of one year;

3. Violated any of the ordinances of the city, or the laws of the United States or of the state, the violations of which reflect unfavorably on the fitness of the licensee to provide public transportation.

B. Prior to suspension or revocation, the licensee shall be given notice of the proposed action to be taken and have an opportunity to be heard at a hearing; provided, however, the city council may temporarily suspend a license pending a hearing on suspension or revocation of that license if the city council finds good cause exists for such temporary suspension to prevent immediate danger of serious injury to persons or property.

C. Notice specifying the time, place and date of a hearing on suspension or revocation and stating the reasons for the proposed action shall be given to the licensee at least 10 calendar days before the hearing date. Notice shall be deemed given when mailed via United States mail certified with return receipt requested.

D. The hearing shall be conducted informally with the mayor presiding. Oral evidence shall be taken on an oath of affirmation but the hearing need not be conducted according to technical rules of evidence. The city council may, for good cause shown continue the date of the hearing from time to time.

E. The determination of the city council at a hearing on suspension or revocation shall be final.

(Ord. 21-0350 § 2)

A. Operating Without a License. Within 30 days after the effective date of this chapter, any person or entity operating an electric trolley on city-owned and maintained public streets and roads or place shall have a valid license obtained hereunder or under other applicable provisions of this code. Anyone who is operating an electric trolley without a valid license shall be guilty of a misdemeanor and shall be subject to the penalty provided in section 1-3-3 of this code. Each day of each operation without a license shall constitute a separate offense.

B. Other Violations. A person who violates other provisions of this chapter or of the conditions of any license issued hereunder, including operation of an electric trolley by an operator without a valid California commercial driver's license with a passenger endorsement, who does not cure or cease such violations within the time specified in a written notice to desist from the city manager, shall be guilty of an infraction and subject to the penalty provided in section 1-3-2 of this code. Each day of nonconforming operation shall constitute a separate offense.

(Ord. 21-0350 § 2)

A. Nuisances Declared. In addition to any other remedies it may have at law, criminal or civil, the city shall have the following additional remedies:

1. The city may bring action in a court of competent jurisdiction for injunctive relief to terminate and enjoin any violations of this chapter or of the conditions of any license issued hereunder, or of any other applicable laws.

2. In any civil action brought by the city hereunder, in addition to damages, costs and other relief, the court may, in its discretion, impose civil fines or award exemplary or punitive damages as the court deems appropriate.

3. Any violations of this chapter or of the conditions of any license issued hereunder which affect public travel, public health or public safety are hereby declared public nuisances, and are punishable or abatable as such as now or hereafter provided by law.

B. Remedies are Cumulative. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available at all other times.

(Ord. 21-0350 § 2)

Nothing in this chapter and no license granted hereunder shall give any licensee any vested right to continue the operation of any electric trolley. The city shall have the power to alter, amend or repeal this chapter at any time, the effect of which may include without limitation the banning of such electric trolleys.

(Ord. 21-0350 § 2)