O2424City Council Meeting April 23, 2013 Santa Monica, California
ORDINANCE NUMBER' YZY(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
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WHEREAS, pedicabs have grown in popularity as a form of non - motorized
transportation for hire, particularly amongst the tourist population; and
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.
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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.
(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:
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Chapter 6.50
6.50.010 Definitions.
The following words or phrases as used in this Chapter shall have the following
meanings.
(a) Pedicab. " Pedicab" has the same meaning as that term is defined by the
California Vehicle Code.
(b) 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.
(d) Pedicab Operator Permit. " Pedicab operator permit' means a non-
transferable authorization for operation of a pedicab business pursuant to the provisions of
this Chapter.
(e) 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
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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.
The City Manager, or his or her designee, is authorized to adopt rules and
regulations consistent with this Code and necessary to implementthis 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.
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(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.
(a) No person shall drive or operate a pedicab within the City without having first
obtained a valid pedicab driver permit.
(b) 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.
(a) 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.
(b) 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.
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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.
(b) Permits and decals that are expired, revoked, defaced, altered, forged, or
counterfeited are invalid.
(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:
(1) 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.
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(3) The operator or driver has been convicted of a crime that requires registration
pursuant to California Penal Code Section 290.
(4) 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.
6.50.100 Fare schedule.
(a) 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.
(a) A Pedicab Operator shall:
(1) keep pedicabs within its fleet in clean and sanitary conditions, and be free
from mechanical or safety defects; and
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(2) make pedicabs within its fleet available for inspections at reasonable times
by the City.
(b) It is unlawful for any person to:
(1) operate a pedicab, if said person is under eighteen years of age.
(2) 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.
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 property.
(6) Operate a pedicab while carrying a number of passengers that exceeds the
number of available seats.
(7) Operate a pedicab without having all passengers be restrained by seatbelts.
(8) 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.
(10) Refuse to comply with a lawful order from a City official charged with
enforcement of this Chapter.
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6.50.120 Enforcement.
(a) Any person violating any provision of this Chapter shall be guilty 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.
(b) Any person violating any provision of this Chapter shall be subject to
administrative fines and penalties pursuant to Chapter 1.09 of this Code.
(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
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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.
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Approved and adopted this 23rd day of April, 2013.
am O'Connor, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2424 (CCS) had its introduction on April 9, 2013,
and was adopted at the Santa Monica City Council meeting held on April 23,
2013, by the following vote:
Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer
Mayor Pro Tern O'Day, Mayor O'Connor
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2424 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Sarah P. Gorman, City Clerk