Santa Monica Municipal Code (SMMC)

Contents:

Article 3: PUBLIC SAFETY

Chapter 3.12: TRAFFIC REGULATIONS

3.12.230 Vehicle.
3.12.372 Sidewalk obstruction.
3.12.540 Bicycle riding or coasting restricted.
3.12.550 Bike-path and beach promenade.
3.12.560 Prohibited vehicles.
3.12.570 Reckless cycling.
3.12.580 Riding on handle bars prohibited.
3.12.630 Clinging to moving vehicles.
3.12.670 Vehicle occupancy restrictions.
3.12.690 Accident reports.
3.12.720 Removal of illegally parked vehicles.
3.12.730 Green parking zones.
3.12.740 Yellow loading zones.
3.12.760 White loading zones.
3.12.770 Disabled parking zones.
3.12.790 Angle and head-in parking.
3.12.800 Emergency stopping, standing or parking.
3.12.930 Parking on private property.

---

Article 3: PUBLIC SAFETY

Chapter 3.12: TRAFFIC REGULATIONS (Link to ordinance)

3.12.230 Vehicle.

“Vehicle” includes every device in, upon or by which any person or property is or may be propelled, moved or drawn upon a street, except a device moved by human power or used exclusively upon stationary rails or tracks.

3.12.372 Sidewalk obstruction.

(a) No person shall block or obstruct any public sidewalk so that less than a four-foot contiguous sidewalk width is kept clear for pedestrian passage at all times. Conduct prohibited by this Section includes, but is not limited to, blocking or obstructions caused by:
       (1) Placing any property, material, or other item upon any public sidewalk; or
       (2) Sitting or lying down upon any public sidewalk; or
       (3) Sitting or lying down upon a blanket, chair, stool, bench or any other portable object placed on a public sidewalk; or
       (4) Performing sit-ups, push-ups, weight training or similar stationary exercise activity upon any public sidewalk.

(b) The prohibitions contained in this Section shall not apply to any person:
       (1) Sitting or lying on a public sidewalk due to a medical emergency or as permitted by Federal, State or local law; or
       (2) Sitting or lying on a public sidewalk while participating in or attending a parade, festival, rally, demonstration, meeting or activity lawfully conducted pursuant to a City-issued permit or license on the public sidewalk; or
       (3) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.

(c) Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.

3.12.540 Bicycle riding or coasting restricted.

(a) It shall be unlawful to ride a bicycle or to coast in any vehicle upon any public sidewalk, except as provided for in Section 3.12.550. It shall be unlawful to ride a bicycle or to coast in any vehicle in any public parking structure.

(b) Notwithstanding subsection (a) of this Section, or any other Section of this Code, public safety personnel may operate bicycles or roller skates at any place in the City in the performance of their duties.

(c) Any person violating subsection (a) of this Section shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both fine and imprisonment; or shall be guilty of an infraction, which shall be punishable by a fine of not less than one hundred dollars but not more than two hundred fifty dollars.

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.

3.12.560 Prohibited vehicles.

In the area where bicycle riding is permitted by Section 3.12.550, no vehicle of any type shall be permitted except unicycles, bicycles, bicycles with training wheels, wheelchairs, and single-person tricycles operated by a person eighteen years of age or older.

3.12.570 Reckless cycling.

Any person operating a bicycle in willful or wanton disregard for the safety of persons or property is guilty of reckless cycling.

3.12.580 Riding on handle bars prohibited.

No operator of any bicycle or motorcycle shall carry any other person upon the bar, handle bars or tank of any such vehicle, and no person shall so ride upon any such vehicle.

3.12.630 Clinging to moving vehicles.

No person traveling upon any bicycle, coaster, roller skates, motorcycle or any toy vehicle shall cling to or attach himself or his vehicle to any other moving vehicle or street car.

3.12.670 Vehicle occupancy restrictions.

No vehicle occupied by any person for more than thirty minutes between the hours of twelve a.m. and five a.m. shall be parked on any street in the R-1, R-2, R-2R, R-3, or R-4 Residential Districts after any occupant of such vehicle has been ordered by a peace officer to move such vehicle from such street.

3.12.690 Accident reports.

It shall be the duty of every person riding, driving, or in charge of any animal or riding, driving, propelling or in charge of any vehicle upon any public street, alley or other public place, within the City that shall collide with any animal, or with vehicle, or with any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, ornamental shade tree or other property, or object of like nature located in or along any public street, alley or other public place within said City, to report the same within twenty-four hours to the Police Department, in writing.

Said report shall state the time when, and the place where such collision took place; the correct name and address of the person owning and of the person or persons riding, driving, or in charge of the animal, or riding, driving, propelling, or in charge of said vehicle, and the correct license number of such vehicle.

3.12.720 Removal of illegally parked vehicles.

Police officers are authorized to remove from streets or highways within the City to the nearest garage or other place of safety, or to a garage or other place of safety designated or maintained by the Police Department, any vehicle which has been parked or left standing in violation of an official sign or marking prohibiting the stopping, standing or parking of vehicles and giving notice that such vehicle may be removed.

3.12.730 Green parking zones.

A green parking zone shall exist where the curb is painted green. The words “15-Minute Limit” may also be stenciled on the curb within the zone. No person shall stop, stand or park in any green parking zone for more than fifteen minutes.

3.12.740 Yellow loading zones.

A yellow loading zone shall exist where the curb is painted yellow. The words “15-Minute Loading Only 7 a.m. to 6 p.m. Mon—Sat” may also be stenciled on the curb within the zone. No person shall park in any yellow loading zone between the hours of seven a.m. and six p.m. Monday through Saturday. No person shall stop, stand or park in a yellow loading zone for a longer time than necessary to load or unload materials, freight or passengers, and in no event longer than fifteen minutes. A yellow loading zone may be established if all of the following factors exist:
(a) Sufficient loading activity exists to warrant reducing curb parking by installing the more restrictive loading zone;
(b) Curb availability for loading is insufficient due to heavy area parking demand;
(c) Off-street or alley loading is not available.

3.12.760 White loading zones.

A white loading zone shall exist where the curb is painted white. The words “3-Minute Limit Passenger Loading Only” or “Loading Only” may also be stenciled on the curb within the zone. No person shall stop, stand or park in any white loading zone for a longer time than necessary to load or unload passengers or deposit mail in an adjacent mailbox and in no event longer than three minutes. A white loading zone may be established if curb parking is insufficient due to heavy area parking and sufficient loading activity exists to warrant reducing curb parking by installing the more restrictive loading zone or the following factors exist:
(a) An adjacent hotel or motel with at least fifty rooms and a desk clerk on duty twenty-four hours a day does not have off-street loading;

(b) An adjacent apartment or apartment-hotel has the same existing factors as in subsection (a) and at least fifty percent of the average monthly occupancy is of a transient nature.

3.12.770 Disabled parking zones.

(a) A disabled parking zone shall exist where the curb or edge of the paved portion of the street adjacent to the on-street parking space or where the stalls or spaces in an off-street parking facility have been designated for parking for disabled persons in the manner required by the Vehicle Code.

(b) No person shall stop, stand or park a vehicle in a disabled parking zone unless the vehicle has a distinguishing license plate issued to a disabled person pursuant to Vehicle Code Section 5007 or displays a distinguishing placard issued to a disabled person pursuant to Vehicle Code Section 22511.55 or 22511.59. Any vehicle parked in violation of this Section may be removed from the disabled parking zone in the manner authorized by law.

(c) A disabled parking zone may be established if either of the following factors exists:
       (1) On-street parking is insufficient due to heavy area parking; or
       (2) Sufficient vehicular activity by disabled persons exists at the location.

3.12.790 Angle and head-in parking.

(a) All parking upon a roadway or street shall be parallel, except upon those streets which have been marked for or have a posted sign indicating angle parking, upon which streets vehicles shall be parked at the angle to the curb indicated by such markings or signs and not otherwise.

(b) No person shall disobey instructions of any official traffic sign requiring head-in parking.

3.12.800 Emergency stopping, standing or parking.

The provisions of this Chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

3.12.930 Parking on private property.

No person shall park or leave standing any vehicle in a private driveway or on private property without the actual or implied consent of the owner or person in lawful possession of such driveway or property.

Chapter 3.20: BIKE SHARE

3.20.010 Bike share defined.
3.20.020 Bike share system defined.
3.20.030 Prohibitions regarding private use of bike share facilities.
3.20.035 Bike share fees.
3.20.045 Payment of bike share fees.
3.20.160 Prohibited activities.
3.20.200 Penalties.

Chapter 3.20: BIKE SHARE

3.20.010 Bike share defined.

“Bike share” is a public service provided by the City of Santa Monica in which bicycles and bicycle storage facilities are made available for shared use to individuals on a short-term basis.

3.20.020 Bike share system defined.

“Bike share system,” as used in this Chapter, shall mean the system of bicycles, bicycle racks and kiosks owned by the City of Santa Monica and operated as part of the City’s bike share program.

3.20.030 Prohibitions regarding private use of bike share facilities.

(a) No person shall park or leave standing any bicycle that is not part of the City’s bike share system at, on, or within any bike rack that is part of the City’s bike share system.

(b) Any bicycle that is not part of the City’s bike share system parked or left standing at a bike rack that is part of the City’s bike share system may be removed and impounded. The owner of the bicycle that is removed and impounded shall be responsible for any fees in connection with such removal and impounding. City shall have no liability for loss or damage to locks and other personal items that are attached to a bicycle that is removed because parked or left standing at a bike rack that is part of the City’s bike share system.

(c) No privately owned and/or commercially operated bicycle facilities other than the City’s designated bike share operator may be stationed in the City’s right-of-way.

3.20.035 Bike share fees.

Bike share fees and regulations governing use of the City’s bike share system may be established and changed, from time to time, by resolution of the City Council.

3.20.045 Payment of bike share fees.

No person shall use a bicycle that is part of the City’s bike share system without payment of fees adopted by resolution of the City Council.

3.20.160 Prohibited activities.

No person shall violate a regulation governing use of the City’s bike share system, or engage in any sports or recreational activity with any bike share bicycle that endangers public health or safety or threatens injury to persons, or damage to property, including, without limitation, the City’s bike share system.

3.20.200 Penalties.

(a) Any person who violates any provision of this Chapter shall be guilty of an infraction with a penalty amount of fifty dollars. Additionally, if a bicycle that is not part of the City’s bike share system is impounded, its owner shall be required to pay a release fee to recover the cost of impounding and storage of the bicycle.

(b) Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 of this Code.

(c) The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking other remedies, penalties or procedures provided by law.

Santa Monica Pedicab Regulations and Requirements: Owners and Operators

• Pedicab Permits and Training Requirements
• Pedicab Ordinance No. 2424 (PDF)
• Pedicab Ordinance No. 2501 (PDF)
• Pedicab Rules and Regulations (PDF)
• 2016 Pedicab Application Packet

Article 6: BUSINESS, PROFESSIONS AND TRADES

Chapter 6.50: PEDICABS

6.50.010 Definitions.
6.50.020 Exemption.
6.50.030 Rules and regulations.
6.50.040 Pedicab operator permit required.
6.50.050 Pedicab driver permit required.
6.50.060 Pedicab identification decal required.
6.50.070 Fees and permits.
6.50.080 Denial, suspension or revocation of pedicab operator permit, pedicab driver permit, or pedicab decal.
6.50.090 Pedicab parking.
6.50.100 Fare schedule.
6.50.110 Pedicab operations.
6.50.120 Enforcement.

City of Santa Monica: PEDICAB RULES AND REGULATIONS

I) DEFINITIONS
II) PEDICAB OPERATOR’S PERMIT GENERAL REQUIREMENTS
III) PEDICAB OPERATOR’S PERMIT APPLICATION PROCEDURES
IV) PEDICAB DRIVER’S PERMIT GENERAL REQUIREMENTS
V) PEDICAB DRIVER’S PERMIT BACKGROUND CHECK REQUIREMENTS
VI) PEDICAB DRIVER’S PERMIT APPLICATION PROCEDURES
VII) PEDICAB VEHICLE PERMIT REQUIREMENTS
VIII) PEDICAB EQUIPMENT GENERAL REQUIREMENTS
IX) PEDICAB EXTERIOR MARKINGS
X) PEDICAB OPERATING REGULATIONS

Article 6: BUSINESS, PROFESSIONS AND TRADES

Chapter 6.50: PEDICABS

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, and includes pedicabs with electric motors that meet the definition of electric bicycles set forth in the California Vehicle Code.

(b) Pedicab Driver Permit. “Pedicab driver permit” means a nontransferable 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 nontransferable authorization for operation of a pedicab business pursuant to the provisions of this Chapter.

(e) Pedicab Decal. “Pedicab decal” means a nontransferable 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.

The City Manager, or 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.

(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.

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 nontransferable.

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 designee, based upon any one of the following grounds:

(a) The pedicab operator or driver has failed to comply with applicable laws or rules and regulations relating to pedicab operations.

(b) 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.

(c) The operator or driver has been convicted of a crime that requires registration pursuant to California Penal Code Section 290.

(d) 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

       (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;

       (4) Operate a pedicab over any route not designated in the pedicab operator permit;

       (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.

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 per violation; or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six 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.

City of Santa Monica PEDICAB RULES AND REGULATIONS

Effective: May 28, 2013

SCOPE AND INTENT

These rules and 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) DEFINITIONS
II) PEDICAB OPERATOR’S PERMIT GENERAL REQUIREMENTS
III) PEDICAB OPERATOR’S PERMIT APPLICATION PROCEDURES
IV) PEDICAB DRIVER’S PERMIT GENERAL REQUIREMENTS
V) PEDICAB DRIVER’S PERMIT BACKGROUND CHECK REQUIREMENTS
VI) PEDICAB DRIVER’S PERMIT APPLICATION PROCEDURES
VII) PEDICAB VEHICLE PERMIT REQUIREMENTS
VIII) PEDICAB EQUIPMENT GENERAL REQUIREMENTS
IX) PEDICAB EXTERIOR MARKINGS
X) PEDICAB OPERATING REGULATIONS

I) 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.

l) 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) Address and manner that pedicabs are to be stored when not for hire or in operation.
       4) The route(s) to be traveled and the hours to be operated.
       5) A completed pedicab permit application form for each pedicab.
       6) 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.

V) PEDICAB DRIVER PERMIT BACKGROUND CHECK REQUIREMENTS

At any time a driver’s DMV record, criminal record, or ability to operate a pedicab fails to meet the requirements contained in this Section, the Pedicab Driver’s Permit may be revoked.

a) An applicant may be denied a Pedicab Driver’s Permit for any reasons outlined in Section 6.50.080 of the SMMC.

b) In accordance with Section 6.50.080 (2) of the SMMC, an applicant may be denied a Pedicab Driver’s Permit for any of the following related crimes, that are reasonably related to the qualifications, functions or duties of the passenger transport business, or the ability of the driver to safely transport passengers:

       1) If the applicant has been convicted of violating any of the following California Vehicle Code sections:
       Violation: Description of Violation
       20001: Hit and Run resulting in injury or death
       20003: Hit and Run – failure to identify oneself to police or victim, and injury or death involved
       20004: Hit and Run death – failure to report to police or CHP
       23104: Reckless driving – causing injury
       23153: Driving while under the influence of alcohol or drugs – causing injury to others

       2) If the applicant has been convicted, within the last 3 years, of violating any of the following Vehicle Code sections:
       Violation: Description of Violation
       20002: Hit and Run – property damage, including vehicles
       23103: Reckless driving – no injury
       23152: Driving while under the influence of alcohol or drugs – no injury
       23220: Driver drinking while operating motor vehicle on highway

       3) If the printed Department of Motor Vehicles driving record report indicates more than 3 chargeable vehicle accidents within the last 3 years or more than 1 within the last year.

VI) 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 Operator.

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 from the date the application was received by the City.

g) Such further information that the City may require.

VII) PEDICAB VEHICLE PERMIT GENERAL REQUIREMENTS

a) Description of the pedicab, including the type, model, body style, serial number, capacity and condition of each pedicab proposed to be operated.

b) 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.

c) 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.

d) 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.

VIII) 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 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.

IX) 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.

X) 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 enforcing the Pedicab program.

b) A driver shall only drive for the operator shown on his or her pedicab driver’s permit.

c) A driver shall shall wear or post his or her pedicab driver permit in a manner clearly visible to the public while operating a pedicab.

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 readable font (e.g. Arial Bold or Helvetica), 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.