Turlock Municipal Code Art. 13 Pedicabs: Regulations

The City finds that regulations governing pedicabs and the owners and drivers of pedicabs are necessary to protect the general safety and welfare of passengers using pedicabs for hire and pedestrians and motorists within the City.

(1293-CS, Added, 10/13/2022)

For the purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:

(a)

"Alcoholic beverages"

has the same meaning as defined in California Business and Professions Code Section 23004.

(b)

"Police Chief"

means the Police Chief or the Police Chief's designee.

(c)

"Four (4) wheeled pedicab"

means a pedicab as defined in subsection (f)(3) of this section.

(d)

"Identification badge"

means a badge issued by the City that identifies the pedicab driver with a color photo.

(e)

"Operates within the City"

means the soliciting, accepting, picking up, or embarking within the City limits a passenger for transportation to any point within or outside the City for any form of consideration.

(f)

"Pedicab"

means any of the following:

(1)

A bicycle (as defined in California Vehicle Code Section 231) that has three (3) 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 any form of consideration.

(2)

A bicycle (as defined in California Vehicle Code Section 231) 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 any form of consideration.

(3)

A four (4) wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight (8) or more passengers, cannot travel in excess of fifteen (15) miles per hour, and is being used for transporting passengers for any form of consideration.

(g)

"Pedicab driver" or "driver"

means an individual who drives or operates a pedicab within the City, whether as an owner, an employee of the owner, or as an independent contractor.

(h)

"Pedicab driver permit"

means a written permit issued by the City authorizing a person to drive or operate a pedicab within the City.

(i)

"Pedicab owner" or "owner"

means any person who owns, leases, or possesses a pedicab.

(j)

"Pedicab vehicle permit"

means the numbered permit issued by the City of Turlock for display on a pedicab to indicate that the pedicab is permitted to operate within the City.

(k)

"Pedicab vehicle sticker"

means the pedicab identification sticker issued by the City of Turlock.

(1293-CS, Added, 10/13/2022)

Any person owning a pedicab or driving a pedicab seeking to operate the same in the City shall comply with this article. The pedicab vehicle permit, described below, will authorize the vehicle to operate within the City, provided each driver of said pedicab(s) receives a pedicab driver's permit. In addition, the pedicab company must secure an individual approval and sticker for each pedicab to be registered with the Turlock Police Department.

(a) No person shall operate a pedicab for hire in the City, and no person who owns or controls a pedicab shall permit it to be so driven, unless the owner of such pedicab and driver shall have first obtained and shall have then in force a pedicab vehicle permit and a pedicab driver's permit issued by the Chief of Police. Pedicab driver and vehicle permits are the property of the City and are not transferable to any other person. Pedicab driver and vehicle permits must be provided to law enforcement upon request.

(b) All pedicab permits shall be valid for a period of one (1) year from the date of issuance. Pedicab permits shall be renewable annually upon the filing and approval of a new application and payment of the annual pedicab vehicle and/or driver permit fee. The permits and stickers issued pursuant to this article shall be nontransferable to other pedicabs or drivers.

(c) Renewal of permits. It is the permit holder's responsibility to renew a pedicab vehicle or pedicab driver's permit. A complete renewal application with appropriate permit renewal fees shall be received by the Chief of Police thirty (30) calendar days before the permit's expiration date. If the application is late, determined to be incomplete or is not otherwise capable of being acted on prior to the thirty (30) day period before the expiration date, the applicant may be required to pay late fees. Holders of expired permits are not permitted to operate pedicabs in the City. If the permit lapses for more than thirty (30) calendar days after the expiration date, the applicant shall file an initial application.

(d) For pedicab companies physically located within the City limits of Turlock, the pedicab company shall further be required to register and operate within the parameters of all Federal, State, and local laws governing business ownership and licensing.

(e) Each applicant must sign the application. The application may be denied or the permit suspended, modified, or revoked if the applicant misrepresents facts relevant to the fitness of the applicant to be granted a pedicab driver permit or pedicab vehicle permit.

(f) The Police Chief, or designee, shall investigate the facts stated in an application for a pedicab driver permit and other relevant data to determine if the permit shall be granted.

(1) Pedicab driver permit. It shall be unlawful for any person to operate a pedicab within the City or for any pedicab company to permit their pedicab(s) to be operated in the City by a driver not licensed pursuant to this article. A driver's permit may be acquired at the discretion of the Chief of Police, or their designee, upon submission and completion of the following:

(i) A complete pedicab driver's permit application in a form prescribed by the Police Chief or designee;

(ii) A valid California driver's license;

(iii) Proof that the applicant is twenty-one (21) years of age or older;

(iv) A complete set of the applicant's fingerprints and payment of the applicable fingerprint or background check fee and authorization for the City to conduct a comprehensive background check of the applicant; and

(v) Payment of the pedicab driver's permit fee;

(2) Pedicab vehicle permit. It shall be unlawful for any owner or driver to lease, rent or operate a pedicab in the City without first registering the pedicab with the Police Department and paying all applicable licensing and permit fees. A pedicab permit may be acquired at the discretion of the Chief of Police, or their designee, upon submission and completion of the following:

(i) A complete pedicab vehicle permit application in a form prescribed by the Police Chief or designee;

(ii) Payment of the pedicab vehicle permit fee;

(iii) The full name, business and residence address, and phone number of the applicant;

(iv) The name and address of all legal and registered owners of the pedicab;

(v) Proof of vehicle ownership accompanied by a statement under penalty of perjury that the applicant is the vehicle owner or authorized representative of the owner and is authorized to legally bind the company as required by this chapter;

(vi) A description of the pedicab, including trade name, if any, serial number or owner identification number, body style, and color scheme;

(vii) Seating capacity of the pedicab;

(viii) A statement indemnifying the City in accordance with this chapter; and

(ix) Proof of insurance in accordance with this chapter.

(1293-CS, Added, 10/13/2022)

No person shall drive or operate a pedicab unless he or she is currently and validly licensed by the State of California to drive a motor vehicle. A pedicab driver shall have his or her current valid motor vehicle driver's license issued by the State of California on his or her person at all times while driving or operating a pedicab. A pedicab operator shall report a change in the status of his or her driver's license to the City within three (3) business days of the change.

(1293-CS, Added, 10/13/2022)

The pedicab vehicle permit shall be permanently affixed in a conspicuous and visible location within the pedicab. The pedicab vehicle sticker shall be permanently affixed in a conspicuous and visible location on the outside of the pedicab. Pedicab vehicle permits and stickers are the property of the City and are not transferable to any other pedicab.

(1293-CS, Added, 10/13/2022)

Pedicab vehicle permits will be issued only after the pedicab has been inspected and approved by the Chief of Police or their designee. Pedicabs must have all of the following:

(a) A battery-operated headlight capable of projecting a beam of white light for a distance of three hundred (300) feet and permanently affixed to the pedicab. The light may be removable and rechargeable;

(b) Battery-operated taillights permanently affixed on the right and the left 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 five hundred (500) feet to the rear of the pedicab;

(c) Signal bells and turn signal indicators;

(d) Seat belts and seat backs for each available passenger; and

(e) Those requirements related to bicycles set forth in California Vehicle Code Section 21201. In addition to the requirements in subsection (a) of this section, four (4) wheeled pedicabs are required to comply with the requirements set forth in California Vehicle Code Section 21215.

(1293-CS, Added, 10/13/2022)

The licensee shall furnish the service charge basis. A true and correct schedule of rates of fare to be charged for the transportation of passengers in any and all vehicles operated by said permit holder shall be filed with the application for a permit. A schedule of such fares shall be permanently affixed to the outside thereof, in a place readily seen by passengers, a frame covered with clear plastic, or similar material, enclosing a card upon which shall be printed in plain, legible letters the schedule of rates authorized for carriage in such pedicab and shall be visible to all passengers, day and night.

It shall be unlawful to charge, collect, or receive any other or different compensation for the use of such pedicab than that specified in the tariff or fare schedule so on file and at the time in effect, excepting tips. It is unlawful for a pedicab driver to 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.

(1293-CS, Added, 10/13/2022)

No pedicab permit shall be issued or continued in effect unless there is in full force and effect the following:

(a) Commercial general liability insurance policy insuring the public against any loss or damage that may result to any person or property from the operation of the pedicab. Coverage shall include all drivers, whether employees or independent contractors. Pedicab company shall obtain and maintain commercial general liability insurance in compliance with TMC 1-6-01 (Minimum insurance requirements) and all applicable provisions of the California Vehicle Code.

(b) Workers' compensation insurance. Pedicab company shall obtain and maintain statutory workers' compensation insurance and employer's liability insurance in compliance with TMC 1-6-01 (Minimum insurance requirements), State, or Federal mandates or requirements.

(c) Acceptability of insurers. Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to the City.

(d) Verification of coverage. Insurance, deductibles or self-insurance retentions shall be subject to City's approval. Original certificates of insurance with endorsements shall be received and approved by the City before a permit is issued.

(e) Other insurance provisions.

(1) The City of Turlock, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds by Endorsement CG 20 10 11 85 or its equivalent, as approved by the City's Risk Manager for commercial general coverage.

(2) For any claims related to this application, pedicab company's insurance coverage shall be primary and any insurance or self-insurance maintained by the City, its elective and appointive boards, officers, agents, employees and volunteers shall not contribute to it.

(3) Each insurance policy required shall be endorsed to give a thirty (30) day notice to the Chief of Police in the event of cancellation or modification to the stipulated insurance coverage.

(4) Approval of the insurance by the Chief of Police or acceptance of the certificate of insurance by the Chief of Police shall not relieve or decrease the extent to which pedicab company may be held responsible for payment of damages resulting from pedicab company's services or operation pursuant to this article, nor shall it be deemed a waiver of the City's rights to insurance coverage hereunder.

(5) If, for any reason, pedicab company fails to maintain insurance coverage that is required pursuant to this article, the Chief of Police may suspend or revoke the pedicab company's permit(s).

(6) The permit holder is responsible to keep the Chief of Police informed of deletions and additions of vehicles to the insurance schedule when changes are made during the year.

(f) Proof of insurance must be provided to law enforcement upon request.

(1293-CS, Added, 10/13/2022)

The pedicab company shall defend, indemnify and hold the City of Turlock, its elective and appointive boards, officers, agents, employees, and volunteers harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage, and death, which may arise from pedicab company or pedicab company's contractors, subcontractors, agents, or employees' operations under this agreement. The City shall cooperate reasonably in the defense of any action, and pedicab company shall employ competent counsel acceptable to the City Attorney.

(1293-CS, Added, 10/13/2022)

If, at any time, in the judgment of the Chief of Police, the pedicab insurance policy for the holder does not meet the requirements set forth in TMC 3-1-1204, the Chief of Police may suspend the permit until the Chief of Police has received satisfactory proof that the holder has obtained insurance which meets such requirements. The Chief of Police may also revoke a permit for repeated violations of this section.

(1293-CS, Added, 10/13/2022)

(a) A pedicab driver shall comply with all California Vehicle Code regulations and shall immediately report any accident or collision in which he or she is involved while operating a pedicab, which results in property damage or personal injury of any kind, to the owner of the pedicab involved in the accident or collision.

(b) A pedicab owner whose pedicab is involved in any accident or collision resulting in property damage or personal injury of any kind shall within forty-eight (48) hours of being informed of the accident or collision give a 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.

(1293-CS, Added, 10/13/2022)

(a) All pedicabs shall be operated according to the provisions of this chapter, the applicable provisions of the California Vehicle Code and this code governing the operation of bicycles, and all other applicable State and Federal laws. No person shall ride, travel, park, or otherwise operate a pedicab on any sidewalk. When traveling or otherwise operating on any public way pedicab drivers shall yield to pedestrians. No pedicab shall be operated in weather conditions that pose an unreasonable safety risk to the drivers or passengers of the pedicab, or to other motorists or pedestrians.

(b) No owner or driver of a pedicab shall knowingly permit such pedicab to be used for unlawful purposes or knowingly to transport persons for such purposes.

(c) Every pedicab operating under this chapter will be inspected by the Police Chief, or designee, at such intervals as may be established by the Police Chief, to ensure the continued maintenance of safe operating conditions. Such pedicabs shall be maintained in working order and good repair. Maintenance and repair records for each pedicab shall be retained for at least one (1) year after such maintenance and repair has been completed, and such records shall be made available to the City upon request.

(d) For the purpose of immediately loading or unloading passengers, a pedicab may remain standing upon a street if the pedicab is in any legal parking stall, designated loading zone, or any other location that does not impede pedestrian or vehicular traffic. Otherwise, a pedicab driver must comply with on-street parking regulations regarding loading zones, fire zones, spaces designated for carriages, taxis, buses, the disabled, and metered parking spaces. The Police Chief may set forth specific additional locations where pedicabs are allowed to park or stand. No pedicab driver shall leave a pedicab unattended, while in operation for the solicitation or transportation of passengers, for a period of more than fifteen (15) minutes at a time unless parked in one of those specific locations identified by the Police Chief.

(e) Pedicab owners shall maintain an operational log for each pedicab owned and operated under that owner's pedicab vehicle permit. The operational log shall list the dates and times of the operation of each pedicab, and the name of any pedicab driver operating the pedicab during those dates and times. The operational log shall be provided to the Chief of Police or designee or authorized City representative upon request and within twenty-four (24) hours.

(f) Pedicab owners shall establish a procedure for the collection, retention and return of lost property found in each pedicab. Pedicab owners and pedicab drivers shall also be diligent and courteous in responding to and resolving inquiries and complaints from passengers, City officials and members of the general public regarding the operation of pedicabs owned or operated by them. Pedicab owners shall respond to inquiries about lost property within five (5) business days.

(g) The Police Chief, or designee, may promulgate rules and restrictions regarding the times when and locations where pedicabs may be driven and operated within the City, as well as the location of any pedicab stand used for pick-up and drop-off of passengers, the appearance and maintenance of pedicabs and pedicab drivers, and other matters pertaining to the operation of pedicabs. The Police Chief shall ensure that each pedicab owner is given an updated version of such restrictions. It is unlawful for any pedicab owner or pedicab driver to drive or operate a pedicab, or allow a pedicab to be driven or operated, in violation of these restrictions.

(h) Pedicab owners, pedicab drivers, and pedicab vehicles are subject to all applicable City, County, State, and Federal laws, rules, and regulations.

(i) Pedicabs shall be operated as close as practicable to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn.

(j) A four (4) wheeled pedicab shall have a seating capacity for not more than fifteen (15) persons.

(k) A four (4) wheeled pedicab shall be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails.

(l) It is unlawful to operate a pedicab, if said operator is under twenty-one (21) years of age.

(m) It is unlawful to operate a pedicab without a valid California driver's license.

(n) It is unlawful to operate a pedicab on a street with a posted speed limit in excess of thirty (30) miles per hour, except to cross the street at an intersection.

(o) It is unlawful to operate a pedicab unless all passengers are restrained by seatbelts.

(p) It is unlawful to operate a pedicab while carrying a number of passengers that exceeds the number of available seats.

(q) It is unlawful to operate a pedicab on any overcrossing.

(r) It is unlawful to operate a pedicab upon a sidewalk except as may be necessary to enter or leave adjacent property.

(s) It is unlawful to operate a pedicab on any residential street after 10:00 p.m. and within commercial areas after midnight. The Police Chief may adjust the permitted hours of operation if noise complaints or other health and safety concerns arise.

(t) It is unlawful to stop or block traffic in order to drop off or pick up passengers. All passengers must enter and exit pedicabs off of the roadway and in a manner that does not impede traffic or create traffic congestion.

(u) It is unlawful to operate a pedicab without a City-approved insurance policy in full force and effect at all times during the operation of the pedicab.

(v) It is unlawful to operate a pedicab that has broken or inactive equipment, or is otherwise in an unsafe operating condition.

(1293-CS, Added, 10/13/2022)

Pedicab owners and pedicab drivers are subject to applicable impound provisions in California Vehicle Code Section 22651. Pedicab owners and pedicab drivers are subject to the same rights and responsibilities as a driver of a moving vehicle as it relates to pedicab impounds.

(a) Pedicabs subject to impound may be removed by police contract tow companies and are subject to City of Turlock tow fees. Any peace officer, police officer, or parking enforcement officer engaged in traffic or parking enforcement may remove or impound a pedicab under any of the following circumstances:

(1) When an operator is issued a citation for a violation of this article.

(2) When an operator is arrested and taken into custody;

(3) When an operator is physically incapacitated to the extent the operator is unable to safely operate the pedicab;

(4) When a pedicab is parked or left standing upon a City street or sidewalk so as to obstruct the normal movement of vehicles or pedestrians or in a condition that creates a hazard; or

(b) An owner of a pedicab removed pursuant to this section shall be provided an opportunity for a post-storage hearing to determine the validity of the storage, in accordance with California Vehicle Code Section 22852. The impounding agency shall have the burden of establishing the validity of the removal.

(1293-CS, Added, 10/13/2022)

The consumption of alcoholic and other beverages on any pedicab, as defined in VEH 467.5 and this article is subject to the regulations set forth in this section.

(a) In addition to the driver, an onboard safety monitor who is twenty-one (21) years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the four (4) wheeled pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 of the California Vehicle Code during the operation of the four (4) wheeled pedicab.

(b) Both the operator and the onboard safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control. Operators and onboard safety monitors must carry proof of completion of a LEAD or LEAD equivalent certification and shall present it to law enforcement upon request.

(c) Alcoholic beverages shall not be provided by the operator or onboard safety monitor of the pedicab or any employee or agent of the operator or onboard safety monitor. Alcoholic beverages may only be supplied by the passengers of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with Section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the pedicab.

(d) Alcoholic beverages may be consumed by a passenger of the pedicab only while he or she is physically on board and within the pedicab.

(e) The only alcoholic beverages allowed on board the four (4) wheeled pedicab are beer with less than seven (7%) percent ABV and boxed wine, with a limit of thirty-six (36) ounces of beer or eighteen (18) ounces of boxed wine per passenger.

(f) No hard liquor, premixed drinks, or gelatin-based alcohol shots are permitted on the pedicab at any time.

(g) No glass bottles or other glass containers for alcoholic and other beverages are permitted on pedicab at any time.

(h) All passengers shall be twenty-one (21) years of age or older if alcohol is consumed during operation of the pedicab.

(i) For purposes of this section, passengers who are pedaling are not operators of the pedicab.

(1293-CS, Added, 10/13/2022)

The Police Chief, or designee, is authorized to administer and enforce the provisions of this chapter. The Police Chief, or designee, may exercise any enforcement powers as provided in this code.

(a) In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 2-11 TMC.

(b) Violations of this chapter are hereby declared to be a public nuisance.

(c) Unless otherwise specified by law, any person who violates a provision of this chapter is guilty of an infraction, punishable by a fine in accordance with Section 36900 of the California Government Code.

(d) All remedies prescribed under this chapter shall be cumulative and the election of one (1) or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.

(1293-CS, Added, 10/13/2022)

The Police Chief, or designee, may deny issuance, suspend, or revoke a pedicab owner permit or pedicab vehicle permit if an applicant for such permit:

(a) Fails to comply with the requirements of this chapter;

(b) Misrepresents facts relevant to the fitness of the applicant;

(c) Violates the traffic laws of the City, County, or State;

(d) Has been convicted of a crime involving moral turpitude or narcotics, or is required to register pursuant to California Health and Safety Code Section 11590(a);

(e) Has been convicted for hit and run, driving a vehicle recklessly, or while under the influence of intoxicating alcohol or drugs within the seven (7) years immediately preceding application for a pedicab owner permit or pedicab driver permit;

(f) Has been convicted of any vehicle related crimes, misdemeanors or infractions;

(g) Fails to maintain the pedicab in good order and repair.

(1293-CS, Added, 10/13/2022)

Whenever the Chief of Police has made a decision or ruling to deny, suspend, or revoke any permit issued under this article, the applicant or holder of the permit may appeal the decision by filing a written request for an appeal hearing to the City Manager within ten (10) days of receipt or constructive receipt of the decision. Until the ruling of the City Manager, the administrative decision shall remain in full force and effect whether it will be for denial of an application, suspension, or revocation.

The City Manager shall provide notice to the appellant and a date for the hearing within twenty (20) days of receipt of the appeal. The hearing shall be set within twenty (20) days, unless the applicant or holder requests a continuance. At the hearing, both the applicant or holder and staff shall have the right to appear and to present evidence and arguments which are relevant to the grounds for the appeal, limited to the grounds for appeal stated in the filing of the appeal. The applicant or holder may appear in person or by submitting written material. A nonappearance and not submitting written material shall result in a withdrawal of the appeal.

Within ten (10) days of the hearing, the City Manager shall issue a written decision which states whether the decision of the administrative staff is to be upheld, modified, or reversed, and the length of any suspension. The decision shall be served on the holder or applicant by certified mail, and the decision of the City Manager shall be final.

(1293-CS, Added, 10/13/2022)