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HomeMy WebLinkAbout10/4/2017 - STAFF REPORTS - 3.A.ApA�MSp4 iy � G► N CITY COUNCIL STAFF REPORT RAI CgiiFOR. DATE: October 4, 2017 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 u u;: 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. When this item was considered last year, Council members and the Police Chief discussed concerns about the regulatory approach taken, and requested further work by staff of several issues. This matter is before the Council again for review. 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 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 City Council Staff Report October 4, 2017 -- Page 2 Pedicab 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 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. The City of 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 2 City Council Staff Report October 4, 2017 -- Page 3 Pedicab Ordinance 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 of this year as the sergeant in his department's "entertainment team." Staff expects to communicate with the current entertainment team sergeant before the Council meeting when this proposed Ordinance will be considered, and will update this aspect of this report at that time. • 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 • 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 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. 3 City Council Staff Report October 4, 2017 -- Page 4 Pedicab Ordinance 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. 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. 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 will be available to discuss this proposed Ordinance's impact on departmental resources per the Council's direction last year. 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. 4 City Council Staff Report October 4, 2017 -- Page 5 Pedicab Ordinance 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: Not analyzed herein. Edward Z. Kotkin, City Attorney Attachments: Proposed Ordinance David H. Ready, Esq., Pb*B "' City Manager 5 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 Attomey 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 Page 1 of 18 6 "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 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 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 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 0 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; & 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 6.41.120 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 1 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 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; Ordinance No. Chapter 5.41, Palm Springs Municipal Code 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 6.41.160 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 Page 8 of 18 i3 Article V. Pedicab Operations. Section 6.41.180 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 Page 9 of 18 i4 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 Page 10 of 18 i5 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 in any R-1 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 Page it of 18 .6 B. 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. C. 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. D. 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. E. 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. F. Alcoholic beverages may be consumed by a passenger of a pedicab only while he or she is physically on board and within the pedicab. G. 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. H. No hard liquor, pre -mixed drinks, or gelatin -based alcohol shots are permitted on a pedicab at any time. I. 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. J. For purposes of this section, passengers who are pedaling are not operators of a pedicab. K. 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. Ordinance No. _ Chapter 5.41, Palm Springs Municipal Code Page 12 of 18 JL L. 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. M. 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. N. 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 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: Ordinance No. Chapter 5.41, Palm Springs Municipal Code Page 13 of 18 i 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 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 Ordinance No. Chapter 5.41, Palm Springs Municipal Code Page 14 of 18 9 B. In addition to the provisions of Section 5.41.230, the city manager may immediately suspend or revoke any pedicab owner permit, a pedicab driver permit or pedicab vehicle permit upon receipt of information reasonably sufficient and reliable to establish probable cause to believe that the permit holder has committed a violation of law involving: 1. A criminal offense chargeable as a felony; 2. Solicitation for prostitution; 3. A narcotics or alcohol -related offense; 4. The suspension or revocation of a license to drive issued by a state or territory of the United States. C. Upon suspension or revocation of any permit, the pedicab owner or pedicab driver shall immediately surrender the pedicab owner permit, pedicab driver permit, pedicab vehicle permit, and any identification card(s) and/or pedicab vehicle sticker(s) to the city manager. In the event of suspension, the city manager shall return any suspended permit to the holder of such permit immediately after termination of the suspension period. After any such permit has been revoked, the holder of that permit may not reapply for such permit until three (3) years have elapsed since the date when the revocation in question became a final adjudication. Article VII. Enforcement. Section 5.41.240 Enforcement Authority. The city manager is authorized to administer and enforce the provisions of this chapter. The city manager may exercise any enforcement powers as provided in this code Section 5.41.250 Enforcement Remedies. A. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. B. Any person who violates a provision of this chapter is subject to criminal sanctions pursuant to this section, civil actions, penalties and costs pursuant to section 1.01.240 of this code, and administrative penalties pursuant to chapters 1.01 and 1.06 of this Code and the specific administrative penalties provided in this section. Ordinance No. Chapter 5.41, Palm Springs Municipal Code Page 15 of 18 20 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 one (1) year unless extended by an ordinance of the City Council repealing this section 5.41.280. Ordinance No. Chapter 5.41, Palm Springs Municipal Code Page 16 of 18 21 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 4th DAY OF OCTOBER, 2017. ROBERT MOON, MAYOR ATTEST: KATHIE HART, INTERIM CITY CLERK Ordinance No. _ Chapter 5.41, Palm Springs Municipal Code Page 17 of 18 22 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, KATHLEEN D. HART, Interim 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 4th day of October, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: KATHLEEN D. HART, MMC INTERIM CITY CLERK Ordinance No. Chapter 5.41, Palm Springs Municipal Code 3 Page 18 of 18