Chapter 4.170
PEDICAB ORDINANCE
Sections:
4.170.020 Owner permit required.
4.170.030 Application for pedicab owner permit.
4.170.040 Driver permit required.
4.170.050 Application for pedicab driver permit.
4.170.070 Duration of pedicab permits.
4.170.080 General pedicab operation.
4.170.090 Denial, suspensions, modification and revocation of pedicab permits – Appeals.
4.170.010 Definitions.
“Pedicab” means:
1. A bicycle (as defined in California Vehicle Code Section 231) that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by an individual, and that is used for transporting passengers for receipt of any form of consideration; or
2. A bicycle (as defined in California Vehicle Code Section 231), with a single unarticulated frame, that pulls a sidecar or similar device that transports, or is capable of transporting, passengers on seats attached to the sidecar or similar device, that is operated by an individual, and that is used for transporting passengers for receipt of any form of consideration. (Ord. 1106 § 1 (Exh. A))
4.170.020 Owner permit required.
It is unlawful for any person to operate or drive a pedicab, or allow or permit a pedicab to be driven or operated, within the city unless the owner of said pedicab has a valid pedicab owner permit. Pedicab owner permits are the property of the city and are not transferable to any other person. (Ord. 1106 § 1 (Exh. A))
4.170.030 Application for pedicab owner permit.
The pedicab owner permit application shall be in a form prescribed by the chief of police or his/her designee. Each applicant for a pedicab owner permit shall provide all information provided in the application form for the application to be deemed complete. Upon submission of an application, and for the duration of the term of a pedicab permit, the pedicab owner permittee shall maintain in full force and effect minimum liability insurance policies as set forth in the pedicab permit application. (Ord. 1106 § 1 (Exh. A))
4.170.040 Driver permit required.
It is unlawful for any person to drive or operate a pedicab within the city without having a valid pedicab driver permit. Pedicab driver permits are the property of the city and are not transferable to any other person. (Ord. 1106 § 1 (Exh. A))
4.170.050 Application for pedicab driver permit.
The pedicab driver permit application shall be in a form prescribed by the chief of police or his/her designee. Each applicant for a pedicab driver permit shall provide all information provided in the application form for the application to be deemed complete. Upon submission of an application, and for the duration of the term of a pedicab driver permit, the pedicab driver permittee shall maintain in full force and effect minimum liability insurance policies as set forth in the pedicab permit application. (Ord. 1106 § 1 (Exh. A))
4.170.060 Pedicab permit fee.
The city shall charge an annual nonrefundable fee to recover the cost of activities associated with the administration, regulation and issuance of pedicab owner and pedicab driver permits as may from time to time be determined by the city council. Said fee shall be set forth by separate resolution of the city council. (Ord. 1106 § 1 (Exh. A))
4.170.070 Duration of pedicab permits.
All pedicab permits shall be valid for a period of one year from the date of issuance. Pedicab permits shall be renewable annually upon the filing and approval of a new application and payment of the annual pedicab owner and/or driver permit fee. (Ord. 1106 § 1 (Exh. A))
4.170.080 General pedicab operation.
A. All pedicabs shall be operated according to the provisions of this chapter, the applicable provisions of the California Vehicle Code and the South Lake Tahoe Code, and all other applicable state and federal laws.
B. No pedicab shall be operated in weather conditions that pose an unreasonable safety risk to the drivers or passengers of the pedicab, or to the other motorists or pedestrians.
C. Every pedicab operating under this chapter may be inspected by the chief of police or his/her designee at such intervals as may be established by the chief of police to insure the continued maintenance of safe operating conditions.
D. The chief of police shall promulgate rules and restrictions regarding the times when and locations where pedicabs may be driven and operated within the city, as well as the location of any pedicab stand used for pick-up and drop-off of passengers, the appearance and maintenance of pedicabs and pedicab drivers, and other matters pertaining to the operation of pedicabs. Such rules and restrictions shall be adopted by separate resolution of the city council.
E. Alcohol shall not be consumed on any pedicab while it is in motion, standing, parked, operable, or inoperable. (Ord. 1106 § 1 (Exh. A))
4.170.090 Denial, suspensions, modification and revocation of pedicab permits – Appeals.
A. The chief of police or his/her designee may deny, suspend, modify or revoke a pedicab owner or driver permit if an applicant for such permit or a permittee:
1. Fails to comply with the requirements of this chapter;
2. Misrepresents facts relevant to the fitness of the applicant;
3. Is currently required to register pursuant to California Penal Code Section 290;
4. Has been convicted of a crime involving moral turpitude or narcotics; or
5. Has been convicted of any vehicle related crimes, misdemeanors or infractions.
B. Where the city has denied, suspended, modified, or revoked a pedicab owner or driver permit, the applicant for such permit or the permittee shall have the right to appeal said denial, suspension, modification or revocation of his/her permit. Appeal procedures for said appeals are set forth separately in the city code. (Ord. 1106 § 1 (Exh. A))