HomeMy WebLinkAbout1/24/2018 - STAFF REPORTS - 3.B. pp`M sp4
iy
h Q W
CITY COUNCIL STAFF REPORT
* ��bgRi{o♦n .
cRI FOa�,P
DATE: January 24, 2018 LEGISLATIVE
SUBJECT: INTRODUCTION OF 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
Legislation during 2015 expanded the definition of pedicab vehicles, and imposed a
partially state mandated local program. The new law authorized local jurisdictions to adopt
regulations for pedicab operators that allow passenger alcohol consumption. Periodically,
operators of pedal-powered passenger vehicles (pedicabs) have requested that the City
Council consider adopting a local ordinance allowing consumption of alcoholic beverages
onboard their vehicles.
This item was initially considered at the October 5, 2016, Council meeting, however, at
that time Council members and the Police Chief discussed concerns about the regulatory
approach taken, and requested further work by staff related to several issues associated
with allowing alcohol consumption on social cycles and pedicabs.
This item was last considered by the Council at its October 4, 2017, meeting. At that time,
the proposed Ordinance was tabled, with Councilmember Kors appointed as a liaison to
coordinate with Main Street and other merchants in the Downtown/Uptown business
district.
RECOMMENDATION:
Waive the reading of text in its entirety, read by title only, and introduce for first reading
Ordinance No. , 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
rMM NO. 3.
City Council Staff Report
January 24, 2018 -- Page 2
Pedicab Ordinance
STAFF ANALYSIS:
State law regulates the operation of pedicabs, allowing the consumption of alcohol by
passengers under specific circumstances. The City of Palm Springs has two (2) known
businesses operating pedal-powered multi-passenger vehicles (pedicabs), "Sunny Cycle"
and "Social Cycle." Both businesses focus on tourism and convention markets, and have
modeled their business practices on established programs in areas such as Austin,
Sacramento and Minneapolis.
Both operators encourage and provide an eco-friendly outdoor experience along city
streets. In the past, the operators of these businesses have requested that the City
Council review applicable State law to consider a local ordinance or resolution that would
allow their passengers to consume alcohol onboard their pedicab vehicles.
State law established requirements for pedicabs operations, and allowed passengers to
consume alcohol "on board" pedicabs under defined conditions. The provisions that
specifically do so are in effect until January 1, 2020. Since 2015 the California Vehicle
Code's definition of "pedicabs" has included a four-wheeled device that is primarily or
exclusively pedal-powered and has a seating capacity for eight (8) or more passengers,
does not travel in excess of fifteen (15) miles per hour, and is used for transporting
passengers for hire. The ordinance proposed restricts consumption of alcoholic
beverages to these four-wheeled pedicabs.
Vehicle Code Section 21215 outlines operational requirements for four-wheeled
pedicabs. Section 21215.2(a) defines the State's requirements for a Pedicab operator to
follow if it wants to allow consumption of alcoholic beverages. The first requirement states,
"The consumption of alcoholic beverages onboard the pedicab shall be authorized by
local ordinance or resolution." The City's pedicab companies cannot allow alcohol
consumption without passage of the proposed Ordinance or an alternative version that
includes its central alcohol related provisions. Section 21215.5 provides that counties and
cities can impose operating and equipment requirements that are more stringent than
State law. As is detailed below, the proposed Ordinance does so on several important
fronts.
The State's operational dictates generally relate to seating capacity, age requirements of
operators of four-wheeled pedicabs, safety equipment (such as seat belts, seat backs,
brakes, and lights), insurance requirements, inspection fees, limits as to operational area
driven by posted speed limit restrictions, and annual reporting to the Department of the
California Highway Patrol about accidents caused or experienced by the pedicabs.
This State's rules related to alcohol consumption on four-wheeled pedicabs incorporates
requirements for an onboard pedicab employee with education and safety training
implemented by the Department of Alcoholic Beverage Control. It also states, "Alcoholic
beverages shall not be provided by the operator or onboard safety monitor or any
employee or agent of the operator or onboard safety monitor of the pedicab. All alcoholic
02
City Council Staff Report
January 24, 2018 -- Page 3
Pedicab Ordinance
beverages may only be supplied by the passengers of the pedicab. All alcoholic
beverages supplied by passengers of the pedicab shall be in enclosed, sealed, and
unopened containers that have been labeled pursuant to . . . [applicable State law] prior
to their consumption on board the pedicab." It further provides that "Alcoholic beverages
may be consumed by a passenger only while he or she is physically onboard and within
the pedicab," and that "[a]II passengers must be 21 years of age or older if consumed
during the operation of the pedicab." Open container laws still apply in any jurisdiction
allowing alcoholic beverages onboard a pedicab, and any passenger who sets foot in the
public right-of-way while holding an open container of alcohol can still be cited.
When this item was last before the Council, staff presented information gathered from the
City of Sacramento. Sacramento amended its municipal code in existing ordinance in
2016 to allow alcohol consumption on 4-wheeled pedicab vehicles. The Sacramento code
change did not allow alcohol consumption for traditional single operator pedicabs. It also
prohibited hard alcohol consumption, but allowed up to 36 oz. of beer or 18 oz. of wine
per passenger on four-wheeled pedicabs. Consultation with Sacramento Police
Department personnel yielded several comments regarding that city's experience with
alcohol consumption on four-wheeled pedicabs. Staff spoke with one sergeant who
supervises the Sacramento P.D. downtown bike team, but was heavily involved in policing
pedicabs until January 2017 as the sergeant in his department's "entertainment team."
The City Attorney during his presentation of this item at the October 4, 2017, meeting,
noted that he had spoken with two sergeants with the Sacramento Police Department,
including one who is in charge of the "entertainment team," and that their Police
Department considers the pedicab experience a positive experience within their "mid-
town" area, and that the pedicab owners and operators make considerable investment in
their operation, and pay close attention to activities occurring while onboard their vehicle.
The Sacramento Police Department also noted no real documented history of any
significant incidents related to the pedicabs.
The City Attorney further noted that the Sacramento Police Department advised that the
patrons of "brew bikes" in Sacramento pay a high price to ride the "brew bike", and the
experience is a self-selecting crowd that people dedicate a lot of resources to, but which
also generates a lot of noise. Sacramento has adopted innovative procedures to mitigate
noise generated by the pedicabs.
Sacramento's experience with "brew bikes"and pedicabs was documented in the October
4, 2017, staff report, as follows:
• Four-wheeled pedicabs allowing consumption in Sacramento are often referred to
as "brew bikes"
• Sacramento has two (2) significant brew bike companies
• The primary function/use of brew bikes in Sacramento is involvement in what is
often referenced as a "pub crawl;" their routes pass various bars and restaurants 03
City Council Staff Report
January 24, 2018-- Page 4
Pedicab Ordinance
• Sacramento allows passengers to load and unload to/from brew bikes in accord
with established general operational regulations, but does not restrict the number
or location of brew bike stops; that approach facilitates the "pub crawl"
• Brew bikes have not given rise to significant law enforcement issues or problems;
the city has not experienced open container-related issues in relation to brew bikes
• There have not been noteworthy falls or injuries
• The police department has noted a significant financial investment of ownership in
four-wheeled pedicabs, and significant cooperation with the city's regulatory effort;
there have been no suspensions or revocations of permits that have proven
necessary
• Notable pedicab use takes place in relation to special events
• Brew bikes have created a problem where there is no defined loading and
unloading zone, contributing to traffic congestion
• Brew bike operations are typically over by 10:30 p.m.
• Brew bikes are most prevalent in an area of Sacramento described as a mixed use
area incorporating residential and entertainment uses, such as restaurants and
bars
• During the later hours of their operation, brew bikes have given rise to some noise
complaints based upon loud voices as they near their storage areas; this issue has
been mitigated by brew bikes allowing passengers to exit the pedicab in a
staggered manner rather than retaining all passengers onboard until the end of a
route
As is noted above, the City does not currently have an ordinance for general pedicab
operations. The City's current pedicab decal application imposes some of State law's
requirements, with the exception of reporting to the Department of California Highway
Patrol.
The decision to allow consumption of alcohol onboard pedicabs would likely enhance the
festive atmosphere of the experience and increase sales for the business operators, but
must be weighed against safety concerns stemming from pedicab riders being under the
influence of alcohol. "Social Cycle" offers several two (2) hour routes, with stops at three
(3) pre-determined bars and restaurants. Public and private tours are available. Its
pedicabs have no motor, and the company does not pick-up or drop-off passengers while
on route. "Sunny Cycle" starts and stops its routes at the Hyatt, and includes stops as
Lulus, Las Casuelas, Chill Bar, Watercress Viatnamese Bistro, Trio, and the Spa Resort
Casino. It offers specialized tours, e.g., mid-century modernism-related tours, public and
private tours, and offers complimentary appetizers on-board its electric pedicabs. Both
companies indicate that they have established policies and procedures to prevent on-
board consumption of alcoholic beverages.
04
City Council Staff Report
January 24, 2018 -- Page 5
Pedicab Ordinance
While the proposed Ordinance shares many strong features with the Sacramento
ordinance, the proposed Ordinance is ultimately more restrictive than State law and the
ordinance of the City of Sacramento. Upon consultation with the Police Chief, it was
determined that the proposed Ordinance should incorporate the following features:
A. The proposed ordinance is effective for one year, as a pilot program that will sunset
unless the Council repeals its "sunset" provision.
B. More aggressive administrative penalties for violations.
C. More comprehensive conditions that support suspension, modification or
revocation of a pedicab permit.
D. Contains provisions addressing open containers and disposition of unconsumed
alcoholic beverages.
E. Prohibition
against operation in R-1 zoned areas.
9
F. Prohibition of operations after 11:00 p.m.
G. All pedicab permits have a term of a single year (Sacramento allows two years for
vehicle permits)
H. Indemnification and more demanding insurance provisions (e.g., $10M umbrella
coverage for four-wheeled pedicabs)
I. Loading and unloading only in specifically designated locations; i.e., no pub crawl
J. Longer records retention requirements as to pedicab maintenance.
K. Requires pedicab owner permit (not just driver/operator)
L. Makes owners liable for all violations that take place, above and beyond drivers
and other pedicab employees
Police Chief Reyes also noted during the October 4, 2017, Council meeting, that allowing
alcohol consumption on pedicabs will require additional resources, and in particular,
recommended installation of video cameras where riders will embark and disembark the
social cycle. Following the last Council meeting, Chief Reyes has advised that he has
attended meetings with the pedicab operators, and was able to have the majority of his
concerns addressed from a Law Enforcement perspective. However, Chief Reyes notes
the following two critical factors to consider in adopting the proposed Ordinance:
1. Police Department will not have the staff readily available to address the over serving,
discarding of containers on the roadway, riders, walking off with open containers,
operating in residential neighborhoods or areas outside of their designated routes.
2. There will be a cost to the City as it relates to the need to upgrade / add additional
cameras to the City's Downtown camera system in an effort to better monitor the
activity of pedicabs, their drop off / pick up locations as well as tracking those
customers who have elected to walk off with open containers from these pedicab
vehicles.
05
City Council Staff Report
January 24, 2018 -- Page 6
Pedicab Ordinance
ALTERNATIVES:
Introduce this Ordinance with modifications as directed by Council.
Refer this matter back to staff for further analysis as to any specific provision of this
Ordinance not satisfactory to the Council.
Reject this Ordinance, and direct staff to prohibit pedicabs in the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
This Ordinance is not a "project" for purposes of the California Environmental Quality Act
(CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378. This
Ordinance is organizational or administrative activity by the City of Palm Springs in
furtherance of its police power, and will not result in a direct or indirect physical change
in the environment, per section 15378(b)(5) of the Guidelines.
FISCAL IMPACT:
Presuming no additional city staff is required, the Chief's recommendation of upgrading
the downtown camera system, and adding camera locations to monitor social cycle pick-
ups and drop offs would require a formal procurement bid process to determine additional
costs.
J
Edward Z. Kotkin, David H. Ready, Esq., Ph.
City Attorney City Manager
Attachments:
Proposed Ordinance
06
ORDINANCE No.
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, including specific provisions addressing the
possession and consumption of alcoholic beverages
under defined conditions by pedicab passengers.
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.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code C 7
Page 1 of 18
"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
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)
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 08
Page 2 of 18
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.
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 9
Page 3 of 18
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.
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
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code
Page 4 of 18 10
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;
3. The name(s) of the business or company, if any, for which the driver
works as a pedicab driver;
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code Z 1
Page 5 of 18
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 12
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;
3. The name and address of all legal and registered owners of the pedicab
that is the subject of the application;
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code
{ .�i Page 7 of 18
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 14
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.
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.
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code i 5
Page 9 of 18
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.
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.
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code A
Page 10 of 18
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 pedicabs shall not operate with alcohol on-board in any
residentially zoned area.
R. 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.
Section 5.41.210 Alcohol-Related Pedicab Operations.
A. The consumption of alcoholic beverages shall be unlawful on any pedicab except
a four-wheeled pedicab. The consumption of alcoholic beverages on any four-wheeled
pedicab is subject to this section.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 17
Page 11 of 18
B. Any pedicab with alcoholic beverages on-board shall operate in a point-to-point
manner. Loading and unloading of passengers, to or from a pedicab that will operate
with alcoholic beverages on-board, shall only occur at the locations of that pedicab's
route initiation and termination. No pedicab operating with alcoholic beverages on-board
shall load or unload passengers along its route at any otherwise designated and legal
loading and unloading zone, or at any identified parking/standing location.
C. An onboard safety monitor who is twenty-one (21) years of age or older shall be
present whenever alcohol is being consumed by passengers during the operation of the
pedicab in the city. The onboard safety monitor shall not be under the influence of any
alcoholic beverage, and shall be considered as driving the pedicab for purposes of
Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 during the
operation of the pedicab.
D. Both the driver and the onboard safety monitor shall have completed either the
Licensee Education on Alcohol and Drugs (LEAD) program implemented by the
Department of Alcoholic Beverage Control, or a training course utilizing the curriculum
components recommended by the Responsible Beverage Service Advisory Board
established by the Director of Alcoholic Beverage Control. Operators and onboard
safety monitors must carry proof of compliance with this provision during operation of
any pedicab subject to this provision in the city.
E. Alcoholic beverages shall not be provided by any owner, driver, or onboard
safety monitor of a pedicab, or by any employee or agent thereof. Alcoholic beverages
may only be brought on to a pedicab when supplied by a passenger of the pedicab.
F. All alcoholic beverages supplied by a pedicab passenger shall be in an enclosed,
sealed, and unopened containers, that have been labeled pursuant to Chapter 13
(commencing with Section 25170) of Division 9 of the Business and Professions Code,
prior to their consumption on board a pedicab.
G. Alcoholic beverages may be consumed by a passenger of a pedicab only while
he or she is physically on board and within the pedicab.
H. The only alcoholic beverages allowed on board a pedicab are beer and wine,
with a limit of thirty-six (36) ounces of beer or eighteen (18) ounces of boxed wine per
passenger.
I. No hard liquor, pre-mixed drinks, or gelatin-based alcohol shots are permitted on
a pedicab at any time.
J. All passengers on board a pedicab wherein any passenger is consuming any
alcoholic beverage shall be twenty-one (21) years of age or older if alcohol.
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code
Page 12 of 18
K. For purposes of this section, passengers who are pedaling are not operators of a
pedicab.
L. A license or permit from the Department of Alcoholic Beverages Control is not
required of the operator or onboard safety monitor, so long as neither they, nor their
employees or agents sell, serve, or furnish any alcoholic beverage to any passenger.
M. The onboard safety monitor shall take all steps necessary to ensure that each
passenger exiting a pedicab in which any passenger has consumed an alcoholic
beverage does not remove or otherwise transport from the pedicab any alcoholic
beverage container off of the pedicab apart from an unconsumed alcoholic beverage
that remains in an enclosed, sealed, and unopened container.
N. In the event that the onboard safety monitor collects from an exiting passenger
any alcoholic beverage container that is not enclosed, sealed, and unopened, the
onboard safety monitor shall take steps to ensure that any and all unconsumed liquid in
that container is removed from the container, and disposed of in a safe and sanitary
manner, consistent with the disposal of liquids.
O. In addition to a driver or onboard safety monitor, the owner of any pedicab
wherein any violation of this section takes place shall be liable for that violation.
Article VI. Denial, Suspension, Modification and Revocation of Permits.
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
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 19
Page 13 of 18
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;
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;
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 20
Page 14 of 18
10.Is convicted of a violation of any crime involving an alcoholic 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.
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.
Ordinance No._
Chapter 5.41, Palm Springs Municipal Code 21
Page 15 of 18
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. (Ord. 2016-0020 § 1)
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.
Article IX. Pilot Program.
Section 5.41.280 Effective Period of One Year Unless Extended.
This chapter adopts a pilot program with respect to the regulation of pedicabs. Because
of the nature of pedicab-related activity, this chapter shall be effective for a period of
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 22
Page 16 of 18
one (1) year unless extended by an ordinance of the City Council repealing this section
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.
SECTION 4. The City Council has introduced and adopted this Ordinance as a
pilot program. This Ordinance shall be effective for one (1) year after its effective date
unless extended by further legislative action by the Council.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 24th DAY OF JANUARY, 2017.
ROBERT MOON, MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC, CITY CLERK
Ordinance No.
Chapter 5.41, Palm Springs Municipal Code 2) 3
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 meeting of
the City Council held on the 24th 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 24
Page 18 of 18