HomeMy WebLinkAbout2/7/2018 - STAFF REPORTS - 1.H. 4O�Q A LM sA4
i
CITY COUNCIL STAFF REPORT
• M1f'�bO1AlO n 4
Cq�/FOR
DATE: November 29, 2017 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF 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
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
The City Council will consider adoption of Ordinance No. 1951.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt 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."
STAFF ANALYSIS:
On January 24, 2018, Ordinance No. 1951 was introduced for first reading, upon a
unanimous (5-0) vote in favor of approval by the City Council.
The Council decided to introduce the ordinance without allowing the consumption of
alcoholic beverages on-board a pedicab, and gave staff direction to amend the ordinance
by striking provisions related to the consumption of alcohol on-board, and removing the
"pilot program" nature of the ordinance.
In complying with the Council's direction, staff determined that it would not remove the
umbrella insurance requirement inserted in the ordinance as originally presented to the
Council based upon the fact that continued pedicab operations in the City will to some
degree continue to involve alcohol consumption by passengers during planned pedicab
stops. Further, staff did not remove the provisions requiring alcohol-related education and
training with the intent that these requirements would enhance public health and safety in
ITEM NO...1 A*
QALMS,.
CITY COUNCIL STAFF REPORT
a� f
f yC�b04ale
to
F 4 RN�P
DATE: February 7, 2018 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF 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
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
The City Council will consider adoption of Ordinance No. 1951.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt 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."
STAFF ANALYSIS:
On January 24, 2018, Ordinance No. 1951 was introduced for first reading, upon a
unanimous (5-0) vote in favor of approval by the City Council.
The Council decided to introduce the ordinance without allowing the consumption of
alcoholic beverages on-board a pedicab, and gave staff direction to amend the ordinance
by striking provisions related to the consumption of alcohol on-board, and removing the
"pilot program" nature of the ordinance.
In complying with the Council's direction, staff determined that it would not remove the
umbrella insurance requirement inserted in the ordinance as originally presented to the
Council based upon the fact that continued pedicab operations in the City will to some
degree continue to involve alcohol consumption by passengers during planned pedicab
stops. Further, staff did not remove the provisions requiring alcohol-related education and
training with the intent that these requirements would enhance public health and safety in
ITEM NO.
City Council Staff Report
February 7, 2018-- Page 2
Pedicab Ordinance
an environment where consumption of alcoholic beverages by a significant percentage of
those present.
A redline version of Ordinance 1951 showing changes implemented in compliance with
Council direction upon introduction is provided as ATTACHMENT A, and a clean version
of Ordinance 1951 as tendered for adoption is provided as ATTACHMENT B.
David H. Ready, Esq., Pk6., Edward Z. Kotkin,
City Manager City Attorney
Attachments:
A. Redline to Ordinance 1951, Reflecting Changes as Introduced
B. Ordinance 1951, as Proposed for Adoption
02
ATTACHMENT A
03
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
G'ity' imnil inn rPenifir. PmWoiGrio arlr(ro coinly fhin and consumption of alGoho4G be�teFages
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code (�
Page 1 of 18
"Pedicab" means:
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 such pedicab(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
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code
Page 2 of 18 05
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.
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.
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 06
Page 3 of 28
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 6.41.050 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.
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
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 07
Page 4 of 18
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 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
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;
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 08
Page 5 of 18
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
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.
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.
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 09
Page 6 of 18
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.
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
license to the city within three business days of the change.
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;
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 10
Page 7 of 18
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
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code I 1
Page 8 of 18
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.
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 12
Page 9 of 18
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
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 13
Page 10 of 18
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.
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. Four wheeled pedmeabs shall not opeFate with aleehal on beaFd in any
Fesidentially ZeRed aFea
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 14
Page 11 of 18
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_
wheeled nedinab is s, bjeet to this ses+inn
A, Any pedioab with alGoholmc; beverages on board shall epeFate iR a pe"Rt tE) poin
manner. Loading and URIE)adiRg ef passeRgeFs, tG OF fF()Fn a pediGab that will operate
Foute illitiatieR and teFMillat on. Ne pediGa-b epeFating with alcoholic beverages on board
shall load or unload passengeFs along its route at any othepwise designated and legal
Article 7 ( o" with Section 23152) f Gh + 17 f Divisien 11 d 'ng the
G. Both the driver and the onbeard safety manital; shall have GE)Mpleted eitheF the
Licensee Gd a}' an AI h I a d Drugs (LEAD) nregram implemented by the
cornpeneRtS
ded by the Responsible Beverage Centre Advisory Board
safety meRiteFs MUSt GaFFy PFOOf ef eampliaRee with this pirevision during aperation of
any pedicab subjeGt to this provision in the-e*.
safety menitor of a pedicab, or by any employee or agent theFeef. AlGeheliG beverages
E. All alsehelis beverages supplied by a pedieab passenger shall by in ap opr�en edi
,
sealed, d unopened GORta'Rers, that have been labeled pursuant to Chapter 13
(commenGing with Section 25170) of Division 9 of the Business apd PFefessiens Gems
prier to their sens„mptien en board a pedisah
he or she is physically en heard apd ,Arithin the pedieab
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code
Page 12 of 18
with a knot of thiFty SOX (36) GURGes of beeF OF eighteen (18) ounGes of bGxed wine pe-F
passengeF.
H. Na hard liquor, pFe Fnixed d L er nelat n based alcohol shots ore permitted an
al h l' beverage hall he tweRty erne (21) years of age OF older if alcohol
Tomb.
K. A I'Gense OF peRnit fFGM the Department of 6lcehelie Beyeranes (`entrel is net
requiFed ef the epeFatOF OF enbE)aFd safety MOROWF, so long as neither they, nE)F the F
L. The onboard safety mrcnitr.r shall take all steps pecessa Fy to ensure that each
that r ps in an enclesed sealed and unopened container
r r
MNA I the e. ent that the enheard safety monitor collects from an evitinn nassenrter
. iii uic ..�..,... that .�... .............. .........� ............ ..........�... ....... _.. �.......a r----"�-'
n al h l' beverage enntainer that is net epclesed sealed and Unopened the
enbeaFd safety FRORitOF shall take steps to ensure that any and all unGensumed liqui
that container is Femoved frem the P-A-RtaineF, and disposed of in a safe and sanitar
manner, consistent with the disposal of Iiqukls-
wheFeiR aRY vielatien ef this seGtieR takes p!aE;e shall be liable for that violation.
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;
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 16
Page 13 of 18 i
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.
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, county 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;
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 17
Page 14 of 18
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,
-an a'Gehel*G beverage
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
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code
Page 15 of 18 8
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.
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 Vill. 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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 19
Page 16 of 18
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.
AFtiGle IIX. Pilot Program.
Sectme,TS 41 280 Effectiveo d f n Year Unless I Extended.
This GhapteF adepts a pilet pFograrn with respect to the FegulatieR E)f pediGabs. BeGa
ORe (1) yeaF unless extended by an erdinanGe of the Gity GaunGil repealing this 6e
5.41.280
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.
unless extended by f rtheF legislative aetion by the Gounnil
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 24th-7"' DAY OF JIANUARYFEBRUARY, 2017.
ROBERT MOON, MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC, CITY CLERK
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 20
Page 17 of 18
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. is a full, true and correct copy, and adopted at a special-regular
meeting of the City Council held on the 2414-7th day of January, 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
ANTHONY J. MEJIA,
MMC, CITY CLERK
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 21
Page 18 of 18
ATTACHMENT B
22
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:
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
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 23
Page 1 of 16
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 such pedicab(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
6.41.030 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.
6.41.040 Application for Pedicab Owner Permit.
A. The pedicab owner permit application form shall be in a form prescribed by the
city manager.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 24
Page 2 of 16
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.
Chapter 5.41, Palm Springs Municipal Code 15
Page 3 of 16
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 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
provides for deductibles or self-insured retention, each pedicab owner permittee shall
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code C s
Page 4 of 16
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 Ill. 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
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 27
Page 5 of 16
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
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.
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.
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 28
Page 6 of 16
B. A pedicab operator shall report a change in the status of his or her driver's
license to the city within three business days of the change.
Article IV. Pedicab Vehicles
Section 6.41.140 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:
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 29
Page 7 of 16
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
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 3
Page 8 of 16
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.
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
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 31
Page 9 of 16
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
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
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 32
Page 10 of 16
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.
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
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 33
Page 11 of 16
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.
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, county 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;
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 34
Page 12 of 16
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
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 35
Page 13 of 16
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.
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 Vill. 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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 36
Page 14 of 16
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.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 7th DAY OF FEBRUARY, 2017.
ROBERT MOON, MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC, CITY CLERK
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 37
Page 15 of 16
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. is a full, true and correct copy, and adopted at a regular meeting of
the City Council held on the 7t" day of January, 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
ANTHONY J. MEJIA,
MMC, CITY CLERK
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 3
Page 16 of 16
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
I Mf.
S
olM
Date: February 16, 2018
Subject: Ordinance 1951
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was published in the Desert Sun on
February 16, 2018.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia X. Berardi, CIVIC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before February 13, 2018.
1 declare under penalty of perjury that the foregoing is true and correct.
Z,24�1�1
Cynthia . Berardi, CIVIC
Chief Deputy City Clerk
750 N Gene Autry Trail
mediagroup Palm Springs.CA92262
-- Tel:760-778-45781 Fax 760-7784731
W1r r�, YNErNoaK Email:legals@thedesertsun.mm
PROOF OF
2016 FEB 28 PrVpLeTION
1.[ ; I$TATI�jQFO.PILIFORNIASS. ORDN ,
931
COUNTY OF RIVERSIDE ITYCOUCFwo,aTH ``
AN ORDINANCE IN THE CITY AI TOL'OF'A M CRY OF PALM SPRINGS)
ReGA RNIq ADDING CN OF PE ICA TO THE PALM SPRINGS MUNICIPAL EWES
REGARDRIG REGULATION OF PEDICAaS ON CITY STREETS,
City Attorney Summary
This Ordina u, establiShes a oomprehimsive regulatory program for the
CITY OF PALM SPRINGSILEGALS r openrion.of pedlubs In the City.
PO BOX 2743 - ` - CERTIFICATION
STATE OF CAl1 RRANIA )
PALM SPRINGS CA 92263 UTY OF. ,M¢451S ass
1, r�a�"!E�1 City Clark of the UH of Palm SprOps, Glyomia, do
��aer�ebDyy Dart idbrance No. 19S1 is a full,true, and correct copy, and
bmoduaed Coundl at a regular meeting held on Wednesday the
24TN day J b�%ps,� 2018, and adopted M a rrogular meeting of the City
Cmulgl held on the 71h day of February,2018,by the,following v te:.
I am over the age of 18 years old,a citizen of the AYES;. Camdlmembers tulstege,Korn Middleton,Mayor Pro Tem Roberts,
United States and not a narty t0,Or have interest In NOES:- - and Mayor MoonNone
this matter.I hereby certify that the attached ABSTAIN: Noon`ne
advertisement appeared In said newspaper(set In at sfP� elM Mset 16 official coal
at the City of California,this i day of February,2016..
type not smaller than non pariel)in each and entire 1A mShls A.Rai for
issue of said newspaper and not in any supplement City ClCk J.MEHA,MMC Published:211671E
thereof on the following dates,to wit:
02/16/18
I acknowledge that I am a principal clerk of the
printer of The Desert Sun,printed and published
weekly in the City of Palm Springs,County of
Riverside, State of California. The Desert Sun was
adjudicated a Newspaper of general circulation on
March 24, 1988 by the Superior Court of the
County of Riverside,State of California Case No.
191236.
I declare under penalty of perjury that the foregoing
is true and correct. Executed on this 16th of
February 2018 in Palm Springs,California.
DECLARANT
Ad#:0002733849
P 0:2733839
#of Affidavits:1
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.
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 24TH 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_rand and affixed the official
seal of the City of Palm Springs, California, this /,A'7' day of
aorsr
TNT ONY J. MEJIA, MMC
CITY CLERK
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 Affomey 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 1. 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 such pedicab(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 ail 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 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 B
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.
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 Drivers 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
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 5.41A90 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
Page10
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, county 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 vlolatlon 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, ni chiding wflhodt 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(bx5)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
KOBERf MOON, MAYOR
ATTEST:
14Ww
HONY EJIA
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, 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 247H day of
January, 2018, and adopted at a regular meeting of the City Council held on the 71' 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 +L+— day of Fe�oc.z )l,
A�TfiONY J. C
CITY CLERK