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HomeMy WebLinkAbout1951 ORDINANCE No. 1951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.41 TO THE PALM SPRINGS MUNICIPAL CODE REGARDING REGULATION OF PEDICABS ON CITY STREETS. City Attorney Summary This Ordinance establishes a comprehensive regulatory program for the operation of pedicabs in the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Chapter 5.41 is added to the Palm Springs Municipal Code to read: Chapter 5.41 REGULATION OF PEDICABS Article I. General Provisions 5.41.010 Purpose. The city council 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. 5.41.020 Definitions. The following definitions apply in this chapter: "Alcoholic beverages" has the same meaning as defined in California Business and Professions Code Section 23004. "City manager' means the city manager or the city manager's designee. "Four-wheeled pedicab" means a pedicab as defined in subsection 3 of the definition for "pedicab" in this section. "Identification card" means a card issued by the city that identifies the pedicab driver with a color photo. "Operates within the city" means the soliciting, accepting, picking-up, or embarking within the city of a passenger, or passengers, for transportation to any point within or outside the city for any form of consideration. "Pedicab" means: Ordinance No. 1951 Page 2 1. A bicycle (as defined in California Vehicle Code Section 231) 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 any form of consideration; 2. A bicycle (as defined in California Vehicle Code Section 231), with a single unarticulated frame, that pulls a sidecar or similar device that transports, or is capable of transporting, passengers on seats attached to the sidecar or similar device, that is operated by an individual, and that is used for transporting passengers for any form of consideration; or 3. A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight (8), or no more than fifteen (15) passengers, cannot travel in excess of fifteen (15) miles per hour, and is being used for transporting passengers for any form of consideration. "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. "Pedicab driver permit" means a written permit issued by the city authorizing a person to drive or operate a pedicab within the city. "Pedicab owner' or "owner" means any person who owns, leases, or possesses a pedicab. "Pedicab owner permit" means a written permit issued by the city authorizing a person to own one or more pedicabs, and allow suchpedicab(s) to be driven or operated within the city, whether by the owner or another driver. 'Pedicab vehicle permit" means the numbered permit issued by the city for display on a pedicab to indicate that the pedicab is permitted to operate within the city. 'Pedicab vehicle sticker' means the numbered pedicab identification sticker issued by the city. (Ord. 2016-0020 § 1) Article II. Pedicab Owners 5.41.030 Permit Requirement for Pedicab Owners It is unlawful for a pedicab owner to drive or operate a pedicab, or allow a pedicab to be driven or operated by a driver, within the city unless the owner has a valid pedicab owner permit. Pedicab owner permits are the property of the city and are not transferable to any other person. 5.41.040 Application for Pedicab Owner Permit. Ordinance No. 1951 Page 3 A. The pedicab owner permit application form shall be in a form prescribed by the city manager. B. The applicant shall provide the following: 1. The applicant's full name; 2. The name(s) of the owner's business or company that will be operating one or more pedicab in the City in relation to the permit; 3. The applicant's business and residence addresses, phone numbers including cell phone, and email address; 4. The applicant's date of birth, and proof that the applicant is twenty-one (21) years of age or older; 5. Identification in the form of a current and valid motor vehicle driver's license or identification card issued by any state or territory of the United States, or a valid passport; 6. Proof of a valid city business license; 7. Certificates and endorsements evidencing the owner's insurance and capacity for indemnification as required by this chapter; 8. Agreement to the city requirements of Live Scan fingerprinting and a comprehensive background check of the applicant, and payment of the city's established fee for same; 9. Agreement and covenant to employ and ensure the presence of an onboard safety monitor, who is over twenty-one (21) years of age and has 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, whenever alcoholic beverages are consumed on any pedicab of the owner operating within the city; and 10. Such other material as the city manager may require to evaluate the fitness of the applicant to be granted a pedicab owner permit. C. Each applicant must sign the application, which shall contain a warning that 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. D. The city manager shall investigate the facts stated in an application for a pedicab driver permit and other relevant data. (Ord. 2016-0020 § 1) Section 5.41.050 Fee and Term for Pedicab Owner Permit. The City shall charge an annual nonrefundable fee to recover the cost of activities associated with the administration, regulation, and issuance of pedicab owner permits in an amount as may from time to time be determined by city council resolution. A pedicab owner permit shall be valid for a period for one year from the date of issuance. Ordinance No. 1951 Page 4 Section 5.41.060 Pedicab Owner Permit Renewal. A pedicab owner permit shall be renewable annually thirty (30) days prior to the expiration of the existing permit. The renewal fee shall be set by a city council resolution. Section 5.41.070 Insurance Requirements A. At all times, each pedicab owner shall indemnify, keep indemnified, save harmless, and defend the City, its officers, agents and employees from and against any injury, loss, damage, liability, claim and expense of any kind which the City or any of its officers, agents and employees may sustain, incur or pay and from all actions that may be connected with any of pedicab operations arising from or related to that owner's pedicab owner permit, or any pedicab driver permit related thereto. B. To ensure a continued capacity to indemnify pursuant to this section, each pedicab owner shall procure and maintain at its sole cost, during the term of the permit and any renewals thereof, from an insurer admitted in California or having a minimum rating of or equivalent to A:VIII in Best's Key Rating Guide, comprehensive general liability insurance, endorsed to cover the use of all pedicabs operated pursuant or in relation to the permit, with a combined single limit of at least one million dollars ($1,000,000) for each occurrence, and two million dollars ($2,000,000) general aggregate. Coverage shall be at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, and shall apply to all of the operations of that owner's pedicab(s) in the city. In addition to this coverage, each owner of a four-wheeled pedicab shall procure and maintain an additional ten million dollars ($10,000,000) general umbrella insurance policy that covers all of that owner's four-wheeled pedicab operations within the city. C. The city, its officials, employees, and agents shall be covered as additional insureds with respect to liability arising from the operations of pedicabs insured pursuant to this requirement. Said insurance shall be primary insurance with respect to the city, and shall contain an endorsement requiring thirty (30) days prior written notice from insurers to the city and pedicab owner before any cancellation or change of coverage. D. Each pedicab owner holding a permit shall file certificates ificates of insurance and original endorsements containing the original signature of a person authorized by the insurer to bind coverage on its behalf and evidencing the coverage required herein for approval, as to sufficiency and form, prior to commencing operations pursuant to the permit. The City reserves the right to require complete certified copies of all policies at any time. E. Insurance under this section may provide for such deductibles or self-insured retention as may be acceptable to the City's risk manager. In the event such insurance Ordinance No. 1951 Page 5 provides for deductibles or self-insured retention, each pedicab owner permittee shall fully protect the City, its officials and employees in the same manner and to the same extent as they would have been protected had the policy not contained any deductible or retention provisions. F. Insurance required herein shall not be deemed to limit any pedicab owner's liability for any injury, loss, damage, liability, claim and expense of any kind incurred in relation to any pedicab that operates within the city under this chapter. Any modification or waiver of these insurance requirements shall only be made with the written approval of the city's risk manager. G. Certificates and endorsements evidencing the coverage described in this Section shall be provided to the city. Article III. Pedicab Drivers Section 5.41.080 Pedicab Driver Permits. It is unlawful for any person to drive or operate a pedicab within the city without having a valid pedicab driver permit. Pedicab driver permits are the property of the city and are not transferable to any other person. Section 5.41.090 Application for Pedicab Driver Permit. A. The pedicab driver permit application form shall be in a form prescribed by the city manager. B. The applicant shall provide the following: 1. The applicant's full name; 2. The applicant's business and residence addresses, phone numbers including cell phone, and email address; 3. The name(s) of the business or company, if any, for which the driver works as a pedicab driver; 4. The applicant's date of birth, and proof that the applicant is twenty-one (21) years of age or older; 5. Identification in the form of a current and valid motor vehicle driver's license or identification card issued by any state or territory of the United States, or_a valid passport; 6. Agreement to the city requirements of Live Scan fingerprinting and a comprehensive background check of the applicant, and payment of the city's established fee for same; 7. Proof of completion of 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; 8. Four (4) recent color passport-sized photographs; and Ordinance No. 1951 Page 6 9. Such other material as the city manager may require to evaluate the fitness of the applicant to be granted a pedicab driver permit. C. Each applicant must sign the application, which shall contain a warning that 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. D. The city manager shall investigate the facts stated in an application for a pedicab driver permit and other relevant data. i Section 5.41.100 Fee and Term for Pedicab Driver Permit. The City shall charge an annual nonrefundable fee to recover the cost of activities associated with the administration, regulation, and issuance of pedicab driver permits in an amount as may from time to time be determined by city council resolution. A pedicab driver permit shall be valid for a period for one year from the date of issuance. Section 5.41.110 Pedicab Driver Permit Renewal. A pedicab driver permit shall be renewable annually thirty (30) days prior to the expiration of the existing permit. The renewal fee shall be set by city council resolution. Section 5.41.120 Identification Card Issued to Pedicab Driver. A. The city shall issue an identification card to a pedicab driver permit holder. B. While the pedicab operates within the city, the pedicab driver shall wear the identification card at all times on his or her person, in a manner clearly visible to the public. C. Identification cards are the property of the city and are not transferable to any other pedicab driver. In the event that a person's pedicab driver permit is suspended or revoked, the operator shall immediately surrender the identification card to the city manager. In the event of a suspension, the city manager shall return the identification card to its holder after termination of the suspension period. D. Section 5.41.130 Driver's License Requirement to Drive or Operate Pedicab. A. 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. B. A pedicab operator shall report a change in the status of his or her driver's P P P 9 license to the city within three business days of the change. Ordinance No. 1951 Page 7 Article IV. Pedicab Vehicles Section 5.41.140 Permit and Sticker Requirements for Pedicab Vehicles. A. It is unlawful for any pedicab owner to drive, lease, rent, or allow a pedicab to be driven or operated within the city by a pedicab driver, regardless of the city's issuance of any pedicab owner permit or pedicab driver permit, without a valid pedicab vehicle permit and pedicab vehicle sticker for the pedicab in question. B. The pedicab vehicle permit for each pedicab that operates within the city shall be permanently affixed in a conspicuous and visible location within the pedicab. In addition, the pedicab vehicle sticker for each pedicab that operates within the city shall be permanently affixed in a conspicuous and visible location on the outside of the pedicab. C. Pedicab vehicle permits and stickers are the property of the city and are not transferable to any other pedicab. Section 5.41.150 Application for Pedicab Vehicle Permit and Sticker. A. The pedicab vehicle permit and sticker application form shall be in a form prescribed by the city manager. B. The applicant shall provide the following information in the application: 1. The applicant's full name, business and residence addresses, phone numbers including cell phone, and email address; 2. The name(s) of the business or company, if any, in relation to which the pedicab that is the subject of the application, will operate within the city; 3. The name and address of all legal and registered owners of the pedicab that is the subject of the application; 4. A description of the pedicab, including trade name, if any, serial number or owner identification number, body style, and color scheme; 5. Seating capacity of the pedicab; and 6. Proof of insurance in accordance with this chapter. Section 5.41.160 Requirements for Issuance of a Pedicab Vehicle Permit. A. A pedicab vehicle permit will be issued only after the pedicab proposed for operation within the city has been inspected by the city. To pass inspection, a pedicab must have all of the following: 1. A battery-operated headlight capable of projecting a beam of white light for a distance of three hundred (300) feet, affixed to the pedicab. The light may be.removable and rechargeable; 2. Battery-operated taillights affixed on the right and the left at the same level on the rear exterior of the passenger compartment. Such taillights shall be Ordinance No. 1951 Page 8 red in color, and plainly visible from all distances within five hundred (500) feet to the rear of the pedicab. The lights may be removable and rechargeable; 3. Signal bells and turn signals indicators; 4. Seat belts and seat backs for each available passenger; 5. Four (4) wheeled pedal-powered pedicabs shall be equipped with brakes, reflectors, headlights, and grab rails; and 6. Those requirements related to bicycles set forth in California Vehicle Code Section 21201. Section 5.41.170 Fee and Term for Pedicab Vehicle Permit. The city shall charge an annual nonrefundable pedicab vehicle permit fee, in an amount set by city council resolution, to recover the costs of the administration, regulation, and issuance of pedicab vehicle permits. Pedicab vehicle permits shall be valid for a period of one year from date of issuance. Section 5.41.160 Pedicab Vehicle Permit Renewal. Pedicab vehicle permits are renewable annually, thirty (30) days prior to the expiration of an existing permit, upon filing of a new application, completion of a new annual inspection of the pedicab, and payment of the pedicab vehicle permit fee. Section 5.41.170 Equipment Regulations for Pedicabs. No person shall operate, or cause to be operated, a pedicab that fails to meet the equipment requirements of this chapter. Article V. Pedicab Operations. Section 5.41.180 Fare Schedule. A. Every pedicab shall have permanently affixed to the outside of the vehicle, in a place readily to be seen by passengers, a frame covered with clear plastic, or similar material, enclosing a card upon which shall be printed in plain, legible letters and numbers the schedule of rates authorized for carriage in such pedicab. The font size for such lettering shall be at least one inch in height. B. 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. C. It is unlawful for a pedicab driver to demand from a passenger a fare greater than the fare contained in the posted fare schedule. Ordinance No. 1951 Page 9 D. Subsection C of this section does not apply to fares for special tours, provided that the fare for the special tour is agreed upon between the passenger and the pedicab driver prior to the beginning of the tour. Section 5.41.190 Report of Accidents. A. A pedicab owner shall annually report to the Department of the California Highway Patrol on January 1, any accidents caused or experienced by each pedicab that the owner operates within the city. B. A pedicab driver 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. C. For any accident or collision involving a pedicab and resulting in property damage or personal injury of any kind, the owner of the involved pedicab shall, within forty-eight (48) hours of his/her knowledge of the occurrence of the accident or collision in question, submit a written report thereof to the city manager. A true, correct and complete 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. Section 5.41.200 Pedicab Operation. 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. B. 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. C. 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. D. Every pedicab operating under this chapter will be inspected by the city manager at such intervals as may be established by the city manager, but in no event less frequently than annually in accord with the provisions of this chapter, to insure 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 by that pedicab's owner for at least three (3) years after such maintenance and repair has been completed, and such records shall be made available to the city upon request. E. The city manager shall designate all legal loading and unloading zones within the city. Signage shall identify each such loading and unloading zone, and may set forth Ordinance No. 1951 Page 10 additional locations where pedicabs are allowed to park or stand. A pedicab may only remain standing upon a street if the pedicab is complying with on-street traffic signs or signals, is parked in a designated and legal loading and unloading zone, for the purpose of immediately loading or unloading passengers, or is parked in a specific location identified by the city manager for parking or standing. F. It shall be unlawful for any pedicab at any location, apart from a designated and legal loading and unloading zone or a city manager-identified parking/standing location, to impede pedestrian or vehicular traffic. G. In addition to the other restrictions set forth in this section, pedicab drivers must comply with on-street parking regulations regarding loading zones, fire zones, spaced designated for carriages, taxis, busses, the disabled, and metered parking spaces. H. No pedicab driver shall leave a pedicab unattended, while in operation for the solicitation or transportation of passengers, unless parked in a specific parking/standing locations identified by the city manager. Pedicabs in specific parking/standing locations identified by the city manager may be left unattended for no more than fifteen (15) minutes. I. Each pedicab owner shall maintain an operational log for each pedicab owned and operated pursuant to that owner's pedicab owner's 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. J. Pedicab owners shall establish a policy and procedure for the collection, retention and return of lost property found in each pedicab, including without limitation response to any inquiry about lost property within five (5) business days. K. 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 any pedicabs that they own or drive. L. The city manager shall promulgate, and may from time to time amend, 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 loading and unloading of passengers, the appearance and maintenance of pedicabs and pedicab drivers, and other matters pertaining to the operation of pedicabs. The city manager shall ensure that each pedicab owner is given an updated version of such restrictions. M. 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 the rules and restrictions adopted by the city manager. Ordinance No. 1951 Page 11 N. Pedicab owners, pedicab drivers, and pedicab vehicles are subject to all applicable city, county, state, and federal laws, rules, and regulations. O. A pedicab shall not operate on any city street with a speed limit in excess of thirty (30) miles per hour, except to cross such a street at an intersection. P. Four-wheeled pedicabs shall not operate within the city at any hour after 11:00 p.m. Q. 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. R. No pedicab shall operate at any location in the City with any alcoholic beverage on board. Section 5.41.210 Prohibition of Alcohol-Related Pedicab Operations. The consumption of alcoholic beverages shall be unlawful on any pedicab. Article VI. Denial, Suspension, Modification and Revocation of Permits. Section 5.41.220 Denial of a Pedicab Permit. The city manager may deny issuance of a pedicab owner permit, a pedicab driver permit, or a 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 in question; C. Is currently required to register pursuant to California Penal Code Section 290 or California Health and Safety Code Section 11590; D. Has been convicted of any crime involving moral turpitude; or E. Has been convicted of a "hit and run" violation pursuant to California Vehicle Code Section 20001, 20002 or 20003, engaging in a_speed context in violation of California Vehicle Code Section 23109, or 23109.1, driving a vehicle "recklessly" in violation of California Vehicle Code Section 23103, 23103.5, or 23104, fleeing a pursuing peace officer in violation of California Vehicle Code Section 2800.1, 2800.2, 2800.3, or 2800.4, driving while under the influence of intoxicating alcohol or drugs in violation of California Vehicle Code Section 23152 or 23153, or vehicular manslaughter in violation of California Penal Code Section 192 or 192.5, within the ten (10) years immediately preceding application for a pedicab permit under this chapter. Section 5.41.230 Suspension, Modification, or Revocation of Permits. Ordinance No. 1951 Page 12 A. The city manager may suspend, modify or revoke a pedicab owner permit, a pedicab driver permit, or pedicab vehicle permit if the holder of the permit: 1. Misrepresents facts relevant to the fitness of the pedicab owner or pedicab driver if such misrepresentation becomes known after a permit has been issued; 2. Violates the traffic laws of the city, Y count or state; 3. Is convicted of a "hit and run" violation pursuant to California Vehicle Code Section 20001, 20002 or 20003, engaging in a speed context in violation of California Vehicle Code Section 23109, or 23109.1, driving a vehicle "recklessly" in violation of California Vehicle Code Section 23103, 23103.5, or 23104, fleeing a pursuing peace officer in violation of California Vehicle Code Section 2800.1, 2800.2, 2800.3, or 2800.4, driving while under the influence of intoxicating alcohol or drugs in violation of California Vehicle Code Section 23152 or 23153, or vehicular manslaughter in violation of California Penal Code Section 192 or 192.5. 4. Fails to maintain any pedicab in good order and repair; 5. Drives or operates a pedicab, or allows a pedicab to be driven or operated, when it is known to the owner or driver not to be in good order and repair; 6. Knowingly falsifies material and relevant facts on an application or renewal application for a pedicab owner permit, pedicab driver permit, or pedicab vehicle permit; 7. Fails to maintain insurance as required in this chapter; 8. Fails to notify the city manager thirty (30) days prior to the effective date of liability insurance cancellation or change of insurer; 9. Fails to pay any fines, penalties, fees or damages lawfully assessed upon the owner or driver of a pedicab, pursuant to this chapter or otherwise; 10.Is convicted of a violation of any crime involving driving after ingestion or consumption of any alcoholic beverage or narcotic, or moral turpitude; 11.Operates any vehicle in a manner which constitutes a misdemeanor under the laws of the state of California; 12.Fails to comply with any of the applicable provisions of this chapter or the rules and,regulations prescribed by the city manager; or Ordinance No. 1951 Page 13 B. In addition to the provisions of Section 5.41.230, the city manager may immediately suspend or revoke any pedicab owner permit, a pedicab driver permit or pedicab vehicle permit upon receipt of information reasonably sufficient and reliable to establish probable cause to believe that the permit holder has committed a violation of law involving: 1. A criminal offense chargeable as a felony; 2. Solicitation for prostitution; 3. A narcotics or alcohol-related offense; 4. The suspension or revocation of a license to drive issued by a state or territory of the United States. C. Upon suspension or revocation of any permit, the pedicab owner or pedicab driver shall immediately surrender the pedicab owner permit, pedicab driver permit, pedicab vehicle permit, and any identification card(s) and/or pedicab vehicle sticker(s) to the city manager. In the event of suspension, the city manager shall return any suspended permit to the holder of such permit immediately after termination of the suspension period. After any such permit has been revoked, the holder of that permit may not reapply for such permit until three (3) years have elapsed since the date when the revocation in question became a final adjudication. Article VII. Enforcement. Section 5.41.240 Enforcement Authority. The city manager is authorized to administer and enforce the provisions of this chapter. The city manager may exercise any enforcement powers as provided in this code. Section 5.41.250 Enforcement Remedies. A. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. B. Any person who violates a provision of this chapter is subject to criminal sanctions pursuant to this section, civil actions, penalties and costs pursuant to section 1.01.240 of this code, and administrative penalties pursuant to chapters 1.01 and 1.06 of this Code and the specific administrative penalties provided in this section. C. Any person who violates any provision in this chapter is guilty of a misdemeanor for each day during which any violation or condition representing a violation of this chapter continues. Ordinance No. 1951 Page 14 D. An administrative citation issued pursuant to Chapter 1.06 for a first violation of this chapter shall be five hundred dollars ($500.00), and each subsequent violation shall be one thousand dollars ($1,000.00). In addition to issuance of an administrative citation to any pedicab driver or onboard safety monitor liable for a violation of any provision of this chapter, the city may issue an administrative citation for the same violation for levy and assessment against the owner of the pedicab involved in the violation in question. The remainder-of chapter 1.06 shall apply to administrative citations issued pursuant to this section, including without limitation the hearing procedure reflected in section 1.06.060. E. Violations of this chapter are hereby declared to be a public nuisance. Section 5.41.260 Strict Liability Offenses. Violations of this chapter shall be treated as strict liability offenses. Article VIII. Right of Appeal and Appeal Procedure re Permit Issues. Section 5.41.270 Right of Appeal from Denial, Suspension, Modification, or Revocation of Permit. A. Any person aggrieved by any decision of the City Manager with respect to the denial, suspension, modification or revocation of a permit of a permit under this chapter may appeal that decision pursuant to chapter 2.50 of this Code. B. If no timely appeal is filed, the pedicab owner permit, pedicab driver permit, or pedicab vehicle permit shall be considered denied, suspended, modified, or revoked, and the pedicab owner or pedicab driver shall immediately surrender any such permit, as well as any identification card(s) and pedicab vehicle sticker(s) issued in relation thereto, to the city manager. SECTION 2. Neither introduction nor adoption of this Ordinance represents a "project" for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines. SECTION 3. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of applicable law; this Ordinance shall take effect thirty (30) days after passage. Ordinance No. 1951 Page 15 PASSED, APPROVED AND ADOPTED E PALM SPRINGS CITY COUNCIL THIS 7" DAY OF FEBRUARY, 20 . ROBERf MOON, MAYOR ATTEST: 1�ti HONY J. EJIA CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1951 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held on Wednesday the 24T" day of January, 2018, and adopted at a regular meeting of the City Council held on the 7th day of February, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 12-4,- day of F-ev)ct-� L_ ANTHONY J. C CITY CLERK