SR-04-09-2013-7D - 420-000City Council Meeting: April 9, 2013
Agenda Item:? —D
To: Mayor and City Council
From: Gigi Decavalles- Hughes, Director or Finance
Subject: Pedicabs Regulations
Recommended Action
Staff recommends that the City Council:
1) Introduce for first reading an Ordinance adding Santa Monica Municipal Code
Chapter 6.50 to establish pedicab regulations, amend Section 3.12.550 to
prohibit pedicabs from operating on the Beach Bike Path, and amend Section
6.48.030 to require pedicabs to have a business license; and
2) Adopt the attached resolution setting annual pedicab permit fees.
Executive Summary
During a study session on pedicab operations and safety at its October 2. 2012
meeting, Council directed staff to draft an ordinance establishing pedicab regulations.
State law grants municipalities authority to regulate pedicab operations. While the
proposed pedicab regulations do not establish a franchise system similar to that which
was created for the taxicab industry, it does provide for substantial regulations. Pedicab
regulations primarily address safety concerns through measures such as prohibiting
pedicab operation on the Beach Bike Path and setting minimum pedicab vehicle
equipment standards and driver qualifications.
The proposed regulations would require pedicab companies to obtain an operating
permit and pedicab vehicle permits to ensure that minimum equipment and signage
standards are met. Pedicab drivers would also be required to obtain permits to ensure
qualifications were met.
The Business License Unit would administer all permits in conjunction with Business
License processing. Pedicab rules and regulations would be enforced by Code
Enforcement staff and "rules of the road" would be enforced by Police Department staff,
as it does today for bicycles and other vehicles.
In addition to the proposed pedicab regulations, pedicabs are currently subject to all
bicycle regulations and 'rules of the road ". For example, under existing law, pedicabs
may not operate on the Pier or Third Street Promenade, and cannot impede the flow of
traffic or use transit lanes.
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Background
On June 3, 2012, the City received a business license application from Trike Pilots, Inc.,
to operate five to eight pedicabs initially, with the stated intent to operate up to 20 in
multiple areas of the City. Due to the impact pedicabs could have on circulation, the
potential safety issues involved, and because the City has no comprehensive pedicab
regulations, a study session was held to seek direction from Council on the extent to
which regulations should be developed. At its October 2, 2012 meeting, Council
directed staff to return with an ordinance establishing pedicab regulations consistent
with State law. Council also directed staff to join any efforts to grant additional authority
to municipalities to regulate pedicabs.
A pedicab is defined by the California Vehicle Code to mean either a bicycle operated
by a person that has three or more wheels (or a bicycle with a trailer) and is capable of
transporting passengers for hire on seats attached to the bicycle or trailer. Pedicabs
serve as a transportation option for short trips and are also a tourist attraction. They
typically serve downtown, convention, and resort areas of California cities including San
Diego, San Francisco, Santa Barbara, Huntington Beach, and Long Beach. Due to the
increasing popularity of pedicab operations, and in response to public safety, circulation,
and fair business practice concerns, several cities have chosen to regulate their pedicab
operations. California cities allow pedicabs to operate under varying degrees of
regulation, establishing driver permits, vehicle permits, and equipment standards. Los
Angeles does not currently permit pedicabs to operate; however, it is commissioning a
study to assist with establishing regulations. Long Beach is the only city that utilized a
Request for Proposal ( "RFP ") to grant a sole pedicab company permit to operate.
Existing Laws
The Vehicle Code regulates all streets within the State. The Vehicle Code is broadly
preemptive of local law, as Section 21 specifically provides that "a local authority shall
not enact or enforce any ordinance or resolution on the matters covered by this
[Vehicle] code... unless expressly authorized." To the extent that the Vehicle Code
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delegates power to local agencies, courts have consistently held that a local agency's
exercise of delegated power from the Vehicle Code to prescribe traffic rules would be
"strictly construed."
Vehicle Code Section 21200 provides that a person riding a pedicab upon a public
street has the same rights and is subject to the same requirements as any driver of a
motor vehicle. Other sections of the Vehicle Code, as well as sections of the California
Streets and Highways Code, regulate pedicabs as bicycles. Under existing law, any
pedicab that operates within Santa Monica is subject to the provisions of Santa Monica
Municipal Code (SMMC) Chapter 3.12 which regulates bicycles; however, no existing
regulations specifically address pedicab vehicle and driver standards. Additionally,
under existing law, pedicabs are not allowed to operate on the Third Street Promenade,
the Pier, Mass Transit Bus Lanes, or Bus Transit Layover zones (i.e. a red striped curb
that is dedicated for buses to park between scheduled routes). Existing law also
prohibits pedicabs, along with all other vehicles, from stopping in Mass Transit Bus
Lanes for any reason, including loading and unloading passengers.
In September 2010, in response to active lobbying by the City of San Diego, Governor
Schwarzenegger signed Assembly Bill 2294, sponsored by San Diego
Assemblymember Marty Block. AB 2294 amended the Vehicle Code to grant authority
to municipalities to regulate pedicabs.
State law authorization for local pedicab regulation is somewhat vague and untested.
Vehicle Code Section 21100(n) specifically authorizes local legislation to require
pedicab drivers to 1) possess a valid California driver's license; 2) complete a bicycle
safety training course; and 3) complete a California driver's license examination. While
courts are likely to take a dim view toward local legislation that duplicates or conflicts
with the Vehicle Code, it is unclear how a court would react to local law that
supplements the Vehicle Code in the pedicab area. , Staff believes that the proposed
See e.g. City of Hawaiian Gardens v. City of Long Beach (1998) 61 Cal. App. 4' 1100, 1107
regulations are both consistent with the Vehicle Code's authorization for local regulation
and necessary to protect public safety.
Discussion
Customers use pedicabs in lieu of taxicabs or other forms of transportation because
they are novel, allow for greater interaction with surroundings, are environmentally
friendly, and are efficient. Although pedicabs provide benefits to a city, they also
present challenges when employed in areas with high traffic congestion and limited
available curb space and street parking.
At the October 2 2012 City Council meeting, staff presented the following four options
for pedicab regulations:
1. No regulatory change. This option would have allowed pedicabs to operate
under existing laws with no additional requirements such as minimum
insurance, vehicle standards, or driver requirements.
2. Regulations outlined in California Vehicle Code 21100(n). This option would
have only created the requirement that a driver have a driver's license and
bicycle safety training.
3. Business Regulations. This option would regulate vehicles minimally and
require insurance.
4. Business & Operational Regulations. This option would regulate vehicles
extensively, require drivers to obtain permits, require insurance, and require
the operators to obtain permits.
Council directed staff to draft regulations consistent with option 4 above.
Regulations
The proposed ordinance provides for vehicle equipment regulations and minimum driver
standards that are consistent with the fourth option and are designed to address and
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alleviate public safety concerns, including restricting pedicabs from operating on the
beach bike path.
The proposed ordinance would also authorize the City Manager or designee to establish
rules and regulations that may include, but are not limited to, provisions governing:
pedicab service and safety; pedicab vehicle equipment standards; conditions and
qualifications of applicants for operator permits, driver permits, and pedicab decals; and
the responsibilities of pedicab operators and drivers.
Granting this authority provides staff with the ability to address issues quickly and to
respond accordingly as this new program develops. Staff would update Council on
changes and, if necessary, bring forward a new ordinance. Staff has developed draft
Pedicab Rules (Rules) that create more detailed permitting requirements and vehicle
equipment standards. The proposed ordinance and draft Rules would establish the
following regulations:
Regulation
Requirements
Established by Code
Requirements
Established
;
by Rule
Pedicab Company Permit
• Obtain permit
• Permits are for a specified
Required
• Maintain insurance
number of pedicabs
• Identify routes
• Address where pedicabs
• Submit rates
would be stored
Pedicab Driver Permit
Obtain permit
• Bicycle safety training
Required
• Be 18 years or older
• Driving history from the
• Maintain valid California driver's
Department of Motor Vehicles
license
• No drug or moral turpitude
convictions
• No DUI convictions
• Not registered as a sex offender
• May not operate pedicab in
manner that impedes pedestrian
or vehicular traffic
• May not use routes not identified
in pedicab company's permit
application
• May not operate a pedicab
unless passengers are
restrained with seatbelts
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Fare Schedule • Submit rates to be charged Minimum standards for fare
• Post fares on every pedicab schedule signage including
• May not charge fare higher than size, font, format, and location
submitted to the City
Pedicab Vehicle
Required
Covered under existing law:
• May not operate pedicab in
a manner that impedes or
blocks pedestrian or
vehicular traffic
• May not operate on the Pier
• May not operate in Mass
Transit Bus Lanes
• May not park or load or
unload passengers in Mass
Transit Bus Lanes or
Layover Zones
• May not operate on the
Third Street Promenade
• Must adhere to all bicycle
regulations
• May not operate a pedicab
while intoxicated
Note: Neither the code nor the rules
establish specific Pedicab rates. No
regulations are proposed that would limit
a company's ability to set rates, except
that they may only charge the rates filed
with the City.
• Pedicab company must obtain
permit
• Must comply with safety
standards established by rules
• Must be clean and sanitary
• Subject to regular inspection
May not operate a pedicab on a
route not designated in its permit
application
May not operate a pedicab with
more passengers than seatbelts.
May not operate on the Beach Bike
Path
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Require operators to have all
pedicabs inspected to ensure
that the vehicles meet
minimum equipment
standards, including:
Headlights and taillights
Turn signals on the front
and rear of the pedicab
Single frame construction
Brakes
Spoke reflectors
C Establishes exterior markings
for pedicabs to include:
Company name
Company phone number
Pedicab identification
number
Driver may only drive for the
company shown on his /her
permit
Driver must carry his /her
permit and driver's license
while operating a pedicab
Driver may not drive pedicab
that is in an unsafe condition
Regulation
Requirements
Established by Code
Requirements
Established
by Rule
Parking
• Director of Planning and
N/A
Community Development may
designate pedicab parking
stands
The Rules also outline the permit application procedures and provide additional details
on operating standards. For example, the ordinance requires that pedicabs be
maintained in a clean and sanitary condition. The Rules provide more definition by
adding that "the pedicab's exterior shall be reasonably clean and shall be essentially
free from cracks, breaks, and major dents ", and that pedicabs shall be painted "to
provide adequate weather protection and a neat and clean appearance."
Permit Administration
The Business License unit would facilitate administration of all relevant permits and
collection of fees. The permitting process would be integrated with the business license
application process in the same manner that other regulatory permits are issued, such
as Police Permits. The workload would be absorbed by existing staff. Inspection of
pedicab vehicles would be conducted by existing Code Enforcement staff. Staff would
monitor volumes and determine if adjustments are necessary and justified. Staff
recommends the following permit fees to recover the cost of issuing the permits.
Operator Permit Fee:
Annual new & renewal operator's permit fee $195
Pedicab Vehicle Decal Permit Fee:
Annual new pedicab vehicle permit fee $112
Annual renewal pedicab vehicle permit fee $ 51
Transfer pedicab vehicle permit processing fee $112
Replacement pedicab vehicle permit processing fee $ 36
Pedicab vehicle re- inspection processing fee $ 28
Pedicab Driver's Permit Fees:
Annual new and renewal pedicab driver's permit application fee $ 95
Pedicab driver's permit transfer processing fee $ 62
Pedicab driver's permit replacement processing fee $ 28
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Enforcement and Penalties
Consistent with existing practice, both the Santa Monica Police Department and the
Code Enforcement Division would enforce the proposed ordinance and Rules.
Additionally, the Santa Monica Police Department would enforce, as it does today for
bicycles, the "rules of the road" prescribed by the Vehicle Code. Consistent with
existing local law, the proposed ordinance establishes both criminal and administrative
remedies for violations of the proposed ordinance and Rules. The administrative
citation fines, which were established at the July 10, 2012 Council meeting, are
currently set at $75.00 for the first violation and 125% of the fine amount for a second
violation of the same provision within 36 months and 150% of the fine amount for third
and subsequent violations. Multiple violations may also result in permit denial,
suspension or revocation. Examples of grounds for revocation of a pedicab driver's
permit include being convicted for operating a pedicab under the influence of alcohol or
controlled substance, or operating a pedicab in a manner that creates a safety hazard.
Outreach
Staff conducted outreach to stakeholders and received specific feedback related to
potential regulations in preparation for the study session and again after the ordinance
was drafted. Staff has received feedback from the following organizations and boards:
• Convention and Visitors Bureau
• Chamber of Commerce
• Downtown Santa Monica
• Santa Monica SPOKE
• Montana Business Improvement District
• Main Street Business Improvement District
• Pier Tenants Association
• Pier Corporation Board
• Recreation & Parks Commission
There is general support for the presence of pedicabs operating in Santa Monica with
the shared concern for ensuring minimum standards. The concerns raised by the
Recreation & Parks Commission to prohibit pedicabs from operating on the Beach Bike
Path are included in these regulations due to the congestion of the path and the serious
safety concerns
expressed by
the Commission.
Bicycle
safety
training has been
included in the
pedicab Rules
in direct response
to the
request
of Santa Monica
MW
Current Efforts to Expand California State Law
No legislation is currently being considered and no efforts are underway by any other
municipalities. Based on discussions between the City's legislative advocate and staff
for both the Senate and Assembly transportation committees, it appears that State
legislative staffers believe that AB 2294 provides sufficient tools for local regulation of
pedicabs and that they were not interested in further expanding or clarifying the scope
of local authority. Staff does not recommend requesting any specific action to propose
new legislation at this time; instead it would be prudent to gain experience with the
program and seek a sponsor for targeted legislation that may be needed to achieve
program goals.
Financial Impacts & Budget Actions
Below are the expected revenues for FY 2013 -14 pedicab program based on the fee
study conducted by Revenue & Cost Specialist, LLC in FY 2011 -12 which established
permit fees for the taxicab program in FY 2011 -12.
FY 2013 -14 expected
revenue from
Account Number Account Name pedicab program
01224.400190 Business License Tax $ 150
01224.408470 Pedicab Operator Permits 390
01224.408471 Pedicab Vehicle Permits 510
01224.408472 Pedicab Driver Permits 1,900
Total Revenues $ 2,950
These figures are based on the number of pedicab business license applications
received to date, as well as the interest expressed in the pedicab program. Revenue in
the out years is contingent on the growth of the pedicab services provided in the City,
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and on actual gross receipts for each company and driver. New accounts would be
needed to track the pedicab operator permit, vehicle permit, and driver permit revenues.
The additional workload associated with the pedicab licensing and permitting would be
absorbed by existing Finance staff. Finance staff would meet with Police Department
and Code Enforcement staff routinely to evaluate common violations and any persistent
issues. Staff would also continually monitor the activity associated with the pedicab
license administration. Staff would return to Council in the future if additional resources
are deemed necessary for these tasks as well as submit a new fee structure for
Council's consideration if warranted.
Prepared by: Salvador M. Valles, Business & Revenue Operations Manager
Forwarded to Council:
Rod Gould
City Manager
Attachments:
A. Pedicab Ordinance
B. Resolution setting pedicab permit fees
C. Draft Pedicab Rules
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ATTACHMENT A
City Council Meeting April 9, 2013 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ARTICLES III AND VI OF THE SANTA MONICA MUNICIPAL CODE
REGARDING LICENSING AND REGULATION OF PEDICABS
WHEREAS, the City of Santa Monica ( "City" or "Santa Monica ") is a small,
extremely dense, older coastal city consisting of just 8 square miles of land bordered on
one side by the Pacific Ocean and on three sides by the City of Los Angeles; and
WHEREAS, the City's premier location and vigorous local economy continues to
attract large number of tourists from throughout the world; and
WHEREAS, the City's bustling streets are heavily utilized by motor vehicle and
bicycle traffic; and
WHEREAS, the City's beach bike path is narrow and congested at all times of
the year; and
WHEREAS, the beach bike path's narrow design is particularly unsuitable for
pedicab operations as a single pedicab could substantially take up the entire path and
impede oncoming traffic; and
WHEREAS, pedicabs have grown in popularity as a form of non - motorized
transportation for hire, particularly amongst the tourist population; and
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WHEREAS, pedicabs are a zero emissions transportation option; and
WHEREAS, pedicabs are a new mode of transportation in Santa Monica and
once introduced will have an impact on traffic circulation, particularly in the heavily
congested areas of the downtown; and
WHEREAS, experience in other jurisdictions have shown that unregulated
pedicab operations could create safety hazards and cause unnecessary consumer
confusion regarding fares; and
WHEREAS, some of the safety hazards reported by other jurisdictions, including
substandard equipment, have resulted in serious injury to pedicab passengers; and
WHEREAS, California Vehicle Code Section 21100(n) authorizes local agencies
to license and regulate the operation of pedicabs; and
WHEREAS, California Vehicle Code Section 21206 authorizes local agencies to
regulate operations of bicycles and pedicabs on pedestrian or bicycle facilities,
including facilities like the beach bike path; and
WHEREAS, licensing and regulation of pedicab operations is necessary to
ensure safe, quality pedicab services, mitigate negative impacts on traffic circulation,
and promote the general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.12.550 of the Santa Monica Municipal Code is hereby
amended as follows:
3.12.550 Bike -path and beach promenade.
2
(a) It shall be unlawful to ride a bicycle or to coast in any vehicle upon the Beach
Promenade; bicycle riding shall be permitted along the beach bike -path, within the City
limits and in those areas where the Promenade constitutes a portion of the bikeway and
are otherwise permitted by sign. All persons riding bicycles on the bike -path shall comply
with all lawful signs and directional markings, including, but not limited to, painted
directional arrows, bike -path route boundaries, and signs designating permissible travel
lanes.
(b) It shall be unlawful to operate a pedicab upon the beach bike -path.
SECTION 2. Section 6.48.30 of the Santa Monica Municipal Code is hereby
amended as follows:
6.48.030 Business license required.
No person shall conduct any vehicle for hire business or pedicab business without
having first obtained a business license in compliance with this Chapter.
SECTION 3. Chapter 6.50 is hereby added to Article VI of the Santa Monica
Municipal Code as follows:
Chapter 6.50
PEDICABS
6.50.010 Definitions.
The following words or phrases as used in this Chapter shall have the following
meanings.
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(a) Pedicab. "Pedicab" has the same meaning as that term is defined by the
California Vehicle Code.
Pedicab Driver Permit. `Pedicab driver permit' means a non - transferable
authorization for a person to provide pedicab transportation services in the City;
(c) Pedicab Operator. 'Pedicab operator" means a person that has been issued
a Pedicab operator permit and a business license to operate a Pedicab business in the
City.
Pedicab Operator Permit. 'Pedicab operator permit' means a non-
transferable authorization for operation of a pedicab business pursuant to the provisions of
this Chapter.
ie2 Pedicab Decal. `Pedicab decal' means a non - transferable authorization
affixed to the Pedicab by the City, for a pedicab to be operated in the City.
(f Seatbelt. "Seatbelt' means a safety strap or harness designed to hold a
person securely in a seat
6.50.020 Exemption.
The provisions of this Chapter shall not apply to any pedicab validly permitted and
operating in another jurisdiction that drops -off passengers within the City or passes through
the City without picking -up any passenger.
6.50.030 Rules and regulations.
2
The City Manager, or his or her designee is authorized to adopt rules and
regulations consistent with this Code and necessary to implement this Chapter. Such rules
and regulations may include, but are not limited to provisions governing: pedicab service
and safety; pedicab vehicle equipment standards: conditions and qualifications of
applicants for operator permits driver permits and pedicab decals; and the responsibilities
of pedicab operators and drivers.
Such rules and regulations shall be filed in the office of the City Clerk where they
shall be made available for inspection by the public.
Violations of rules and regulations issued pursuant to this Section shall constitute
violations of this Chapter, and shall subject the violator to the penalties set forth in this
Chapter.
6.50.040 Pedicab operator permit required.
(a) No person shall operate or cause to be operated a pedicab business within
the City without having first obtained a pedicab operator permit and a business license
from the City.
(b) To obtain a pedicab operator permit, each applicant shall file with the City a
complete and verified application including a description of the applicant's routes of
pedicab operations, proof of adequate insurance and other information prescribed by the
rules and regulations adopted in accordance with this Chapter.
6.50.050 Pedicab driver permit required.
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(a) No person shall drive or operate a pedicab within the City without having first
obtained a valid pedicab driver permit.
To obtain a pedicab driver permit each person shall file with the City, a
complete and verified application containing information prescribed by the rules and
regulations adopted in accordance with this Chapter
6.50.060 Pedicab identification decal required.
u No person shall lease, rent, or allow a pedicab to be operated within the City
without having first obtained a pedicab decal. The decal shall be affixed to the pedicab in a
manner clearly visible to the public.
A pedicab decal application shall be denied if the pedicab is unsafe for
operation or fails to comply with applicable safety and equipment rules and regulations
adopted in accordance with this Chapter.
(c) No person shall operate a pedicab that does not have a valid pedicab decal
affixed to it.
6.50.070 Fees and permits.
(a) A schedule of fees to recover the costs associated with the administration
and enforcement of this Chapter may be adopted by resolution of the City Council No
applicant may be issued a pedicab permit or decal until that applicant has paid all
applicable fees.
u Permits and decals that are expired, revoked defaced altered forged or
counterfeited are invalid.
L
(c) Permits and decals are the property of the City and are non - transferable.
6.50.080 Denial suspension or revocation of pedicab operator permit pedicab
driver permit, or pedicab decal.
Pedicab operator permits, pedicab driver Permits and pedicab decals may be
denied suspended or revoked by the City Manager, or his /her designee based upon any
one of the following grounds:
The pedicab operator or driver has failed to comply with applicable laws or
rules and regulations relating to pedicab operations.
(2) The pedicab operator or driver has been convicted of assault battery,
resisting arrest, any felony involving force and violence any misdemeanor or felony
reckless driving or driving under the influence offense or any crime reasonably related to
the qualifications functions or duties of the passenger transport business or the ability of
the operator or driver to safely transport passengers.
u The operator or driver has been convicted of a crime that requires registration
pursuant to California Penal Code Section 290.
The pedicab operator or driver has knowingly made a false statement of
material fact or knowingly failed to state a material fact in the application process for the
Pedicab operator permit, pedicab driver permit or pedicab decal.
6.50.090 Pedicab Parking.
The City may designate pedicab parking stands to provide safe drop -off and pick-up
areas for pedicabs.
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6.50.100 Fare schedule.
Sat Prior to commencing any pedicab operations the pedicab operator shall file
its fare schedule with the City.
(b) The pedicab operator shall post the fare schedule filed with the City on every
pedicab in its fleet and that meets the size, format and location requirements as set forth
by the rules and regulations adopted in accordance with this Chapter.
(c) No pedicab operator or driver shall charge a passenger a fare greater than
the fare submitted to the City and posted on the pedicab
6.50.110 Pedicab operations.
u A Pedicab Operator shall:
(1) keep pedicabs within its fleet in clean and sanitary conditions and be free
from mechanical or safety defects; and
(2) make pedicabs within its fleet available for inspections at reasonable times
by the City.
(l) It is unlawful for any person to:
M operate a pedicab if said person is under eighteen years of age
operate a pedicab without a valid California Driver's license
((3) operate a pedicab in any manner that impedes or blocks the normal or
reasonable movement of pedestrian or vehicular traffic unless such operation is necessary
for safe operation or in compliance with law or under the direction of law enforcement
personnel.
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permit.
(4) Operate a pedicab over any route not designated in the pedicab operator
(5) Operate a pedicab in a manner that results in damage to vopertV.
(6) Operate a pedicab while carrying a number of passengers that exceeds the
number of available seats.
Q Operate a pedicab without having all passengers be restrained by seatbelts
Operate a pedicab without having a City- approved insurance policy in full
force and effect at all times during the operation of the pedicab
(9) Advertise or otherwise hold itself out as providing pedicab services within the
City, unless such person is operating pursuant to City issued pedicab permits
u Refuse to comply with a lawful order from a City official charged with
enforcement of this Chapter.
6.50.120 Enforcement.
(a) Any person violating any provision of this Chapter shall be quiltv of an
infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars
($250) Per violation: or a misdemeanor, which shall be punishable by a fine not exceeding
one thousand dollars ($1,000) per violation or by imprisonment in the County Jail for a
period not exceeding six (6) months, or by both such fine and imprisonment Where the
violation is of a continuing nature each day that the violation continues constitutes a
separate and distinct violation
Anv person violating any provision of this Chapter shall be subiect to
administrative fines and penalties pursuant to Chapter 1.09 of this Code
0
(c) The remedies specified in this Section are cumulative and their specification
shall not preclude the use of any other remedy provided by law.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
10
City Council Meeting April 9, 2013
ATTACHMENT B
Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING PEDICAB PERMIT FEES
WHEREAS, the City of. Santa Monica completed a fee analysis for various
permits related to pedicab regulations; and
WHEREAS, it is the policy of the City to charge for the full costs of services
provided by City Staff when such services benefit individual users rather than members
of the community as a whole; and
WHEREAS, the City has calculated the cost of providing various pedicab - related
permits; and
WHEREAS, the fees established by this Resolution are no more than necessary
to recover the cost of the services provided.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The following annual pedicab operator fee, pedicab vehicle permit
fees, and pedicab driver's permit fees are hereby adopted:
1
Operator Permit Fee:
New & Renewal Operators Permit Fee: $195
Pedicab Vehicle Decal Permit Fee:
New pedicab vehicle permit fee $112
Transfer pedicab vehicle permit fee $112
Renewal pedicab vehicle permit fee $ 51
Replacement pedicab vehicle permit fee $ 36
Pedicab vehicle re- inspection fee $ 28
Pedicab Driver's Permit Fees:
New and renewal pedicab driver's permit application fee $ 95
Pedicab driver's permit transfer fee to new company $ 62
Pedicab driver's permit replacement fee $ 28
SECTION 2. ,If there are any conflicts between the fees and rates adopted in this
Resolution and any prior adopted resolution or schedule, the fees and rates adopted
through this Resolution shall take precedence.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
2
city al
8mlta 1lfoufen°
PEDI
TBD
1
D REGULATIONS
ATTACHMENT C
These rules afi'& regulations ( "Rules ") established pursuant to Santa Monica
Municipal Code Section 6.50.020 shall be followed by all pedicab operators
and drivers providing pedicab transportation services in the City of Santa
Monica. These Rules are not intended to be duplicative.
TABLE OF CONTENTS
I)
II)
IV)
V)
VI)
VII)
DEFINITIONS
JIIT APPLICATION PRO(
PEDICAB VEHICLE PERMIT REQUIREMENTS
VIII) PEDICAB EXTERIOR MARKINGS
IX) PEDICAB OPERATING REGULATIONS
1) DEFINITIONS
a) CITY means the City of Santa Monica.
b) SMMC means the Santa Monica Municipal Code.
c) VEHICLE CODE means the California Vehicle Code in its latest revision.
d) DMV means the California Department of Motor Vehicles.
e) DRIVE or OPERATE means to be in control of a pedicab that is transporting a
passenger(s) or is available for receiving passengers.
f) IMMEDIATE OUT OF SERVICE (IOS) means the placement of a pedicab in a status
such that no person may operate the pedicab, except as may be necessary to
return the pedicab to the residence or place of business of the owner or driver or
to a garage, until the pedicab and its equipment are in compliance with these
Rules. IOS may also mean the placement of a driver in a status such that he or
she may not operate any pedicab.
g) INACTIVATE means a permanent annulment of an existing permit by the
operator, which cannot subsequently be renewed, replaced or reinstated
without the timely submission of a new pedicab driver's permit application or
pedicab driver's permit transfer application.
h) LEASE DRIVER means a person who is an independent contractor possessing a
valid pedicab driver's permit and who drives a Pedicab for an authorized pedicab
operator.
i) REVOCATION means a permanent removal of the privileges granted to the
holder of an existing operator's permit, driver's permit, or pedicab decal by the
City, which cannot subsequently be renewed, replaced or reinstated without the
approval of the City.
j) SUSPENSION means a temporary removal of the privileges granted to an
operator or driver.
k) PEDICAB ZONE means an area on private property (such as hotels) designated by
the property owner for parking pedicabs while waiting for passengers.
1) PEDICAB STAND means a curb parking area on a public street designated and
posted by the City Traffic Engineer for the standing or parking of pedicabs while
awaiting employment.
m) TERMINATION means the voluntary or involuntary separation of a pedicab driver
from employment with a pedicab operator.
II) PEDICAB OPERATOR'S PERMIT GENERAL REQUIREMENTS
a) Owners shall inform the City, within 3 business days, of any changes in insurance,
business address, storage address or mailing address.
b) Any application that does not include all information requested by the
application form or is not supported by the materials required by this Section will
be rejected as incomplete.
c) The permit shall only authorize a specified number of vehicles which may be
increased by approval of the City Traffic Engineer or designee.
d) A pedicab operator's permit must be approved before pedicab driver permits or
pedicab vehicle permits may be issued for the operator.
III) PEDICAB OPERATOR'S PERMIT APPLICATION PROCEDURES
Any person desiring a permit to operate a pedicab business shall complete a pedicab
supplemental application to its business license application. Such application shall
include:
a) Name, age and address of the applicant; or if a corporation, its name, date and
place of incorporation, address of its principal place of business and the names
of all its officers together with their respective addresses; or if a partnership,
association or unincorporated company, then the names of the partners
comprising the partnership, association or company, together with their
respective ages and addresses.
b) The application shall be verified by oath or affirmation of the applicant, or an
officer or partner of the applicant if applicant is a firm, partnership, or
corporation.
c) The application shall include:
1) The trade name or style, if any, under which the applicant proposes to
operate.
2) Full information pertaining to operations and the manner in which such
proposed operations are to be conducted.
3) Description of the pedicab, including the type, model, body style, serial
number, capacity and condition of each pedicab proposed to be operated.
4) Address and manner that pedicabs are to be stored when not for hire or in
operation.
5) The route to be traveled and the hours to be operated.
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6) A completed pedicab inspection form which verifies the City- assigned
pedicab identification number, all required safety equipment and pedicab
exterior markings.
7) Such other or additional information as the City may require.
IV) PEDICAB DRIVER'S PERMIT GENERAL REQUIREMENTS
a) An applicant who previously held a pedicab driver's permit and whose permit
was inactivated or revoked, or an applicant whose application has been
withdrawn or denied, must apply for a new Pedicab Driver's Permit, pay all
applicable fees, and meet all of the requirements of this section for a new
applicant and such other conditions as the City may impose, including
fingerprinting. Exception: If a permit has been inactivated and the driver
transfers to a new company within 30 days, the permit may be reactivated with
payment of the applicable permit transfer fee.
b) A driver who fails to renew his or her pedicab driver's permit within 30 days after
the permit has expired shall have his or her permit inactivated; drivers with
expired permits must reapply as a new driver
c) A pedicab driver's application shall be denied if the applicant fails to submit all
documentation required to substantiate his or her qualifications for the permit
within 60 calendar days of the application date.
d) An applicant shall be denied a pedicab driver's permit if he or she fails to pay any
money due to the City, related to the permit, or otherwise resolve any matter
related to the application, by the deadline reasonably established by the City.
e) A driver's permit shall be effective only while the driver to whom the permit is
issued is operating a pedicab for a permitted pedicab operator.
f) Upon the driver's terminating his employment or other relationship with a
pedicab operator, the driver's permit shall be suspended and shall become
effective again only when and if the driver reestablishes his employment or
relationship as a driver with a City licensed pedicab operator. The pedicab
operator shall notify the City of the termination or reestablishment of such
relationship between the operator and driver within 5 business days.
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V) PEDICAB DRIVER'S PERMIT APPLICATION PROCEDURES
An applicant for a pedicab drive's permit shall submit a pedicab driver application in
person with a valid California driver's license containing the following:
a) The required application fee.
b) Proof of a current business license and payment of all business license taxes due.
c) A completed Notice of Intent to Hire from the Pedicab Opeartor.
d) A certificate verifying successful completion of Bicycle Training approved by the
City.
e) Conviction history for the prior 7 years from the date of application.
f) An original copy of the applicant's H6 printout, obtained from the DMV within
the preceding 30 calendar days.
g) Such further information that the City may require.
VI) PEDICAB VEHICLE PERMIT GENERAL REQUIREMENTS
a) Any applicant who does not meet all of the requirements of this Section shall
have the application denied, and the application fee shall be forfeited.
b) A pedicab vehicle permit shall only be valid for the registered owner of the
vehicle who was granted a pedicab operator's permit for such vehicle. In the
event of ownership change or revocation of the operator's permit, the pedicab
vehicle permit shall be considered invalid and revoked at such time of ownership
change or loss of operator's permit.
c) A pedicab operator that fails to renew a pedicab vehicle permit before the date
established by the City must reapply for a new pedicab vehicle permit and pay
applicable fees.
VII) PEDICAB EQUIPMENT GENERAL REQUIREMENTS
a) No vehicle shall be operated as a pedicab unless it is in a single frame
construction and reasonably clean and safe conditions, so as not to injure or
damage the person, clothing or possessions of a passenger.
b) The pedicab's exterior shall be reasonably clean and shall be generally free from
cracks, breaks and major dents. It shall be painted to provide adequate weather
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protection and a neat and clean appearance. Every pedicab shall have the
following properly working equipment:
1) Seatbelts.
2) Headlights and taillights.
3) Taillights must be mounted on the right and left, respectively, at the same
level on the rear exterior of the passenger compartment. Taillights shall be
red in color and plainly visible from all distances within 500 feet to the rear
of the pedicab.
4) Turn signals visible from the front and rear of the pedicab.
5) Hydraulic or mechanical disc brakes.
6) Spoke reflectors placed on each wheel and tape type reflectors showing the
front and the back width of the pedicab.
VIII) PEDICAB EXTERIOR MARKINGS
Owners shall permanently affix the company trade name, the company phone
number and the identification number assigned by the City, on the pedicab in a
location that is clearly visible to the public at all times. These markings shall meet the
following requirements:
a) Font — An easily readable font (e.g. Arial Bold or Helvetica) in a color to produce
maximum contrast, adequately spaced for maximum readability.
b) Font Size — Minimum 2 inches tall.
c) Owners shall also permanently stamp a City- assigned identification number on
each pedicab, on the pedicab seat tube or pedicab trailer draw bar, in manner
that is clearly visible.
IX) PEDICAB OPERATING REGULATIONS
In addition to the provisions outlined in SMMC Chapter 6.50, all operators and
drivers shall comply with the following operating regulations:
a) A driver shall promptly comply with all lawful requests or orders issued by City
personnel charged with regulating or enforceing the Pedicab program.
b) A driver shall only drive for the operator shown on his or her pedicab driver's
permit.
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c) A driver shall shall wear or post his or her pedicab driver permitin a manner
clearly visible to the public while operating a pediab.
d) A driver shall have in his or her immediate possession a valid California driver's
license while operating a pedicab and shall present the license upon request by
an authorized enforcement officer or police officer.
e) A driver shall not drive, and an operator shall not allow, a pedicab to operate
that is in in an unsafe operating condition.
f) A pedicab shall not be operated during the hours of darkness without the
taillights and headlights activated. (Also see Rule VII)
g) An operator shall, upon reasonable notice, make its pedicabs available to the
City for inspections, including annual inspections.
h) Fare schedule signs must meet the following requirements:
1) Size — minimum of 8 inches in width x 6 inches in height.
2) Font — An easily readicable font (e.g. Arial Bold or Helvitica), with minimum
font size of 36, in a color to produce maximum contrast with the
background, adequately spaced for maximum readability.
3) Format —The Fare Schedule shall list all applicable fares, including minimum
charges, per person charges, by distance fares, by time fares, tour fares, and
any other fare or fee charged. Each fare or fee must be listed on a separate
line.
4) Location — securely attached to the pedicab in a location clearly visible to all
passengers while seated in the pedicab.
5) Telephone Numbers - must include the telephone number for the City's and
Operator's comment /complaint lines.
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