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    ARTICLE 39: PEDICABS

    Sec. 3901. Definitions.

    Sec. 3902. Permit Required.

    Sec. 3903. Application for Pedicab Permit.

    Sec. 3904. Pedicab Operator's Permit Application.

    Sec. 3905. Insurance Requirements.

    Sec. 3906. Permits Issued by Chief of Police.

    Sec. 3907. Presentation of Permit to Tax Collector– License Fees.

    Sec. 3908. Pedicab License, Plate, Identification Card and Operator's Badge.

    Sec. 3909. Filing Fares.

    Sec. 3909.1. Display of Fare Schedule.

    Sec. 3910. Operating Regulations.

    Sec. 3911. Revocation of Permits by Police Department.

    Sec. 3912. Sanitary Regulations.

    Sec. 3913. Safety Requirements.

    Sec. 3914. Loading Required.

    Sec. 3915. Regulations by Chief of Police.

    Sec. 3916. Penalty.

    Sec. 3917. Severability.

    SEC. 3901. DEFINITIONS.

    (a) "Operator" means the individual who actually operates the pedicab whether as the owner, an employee of the owner or as an independent contractor.

    (b) "Owner" means any person who owns, leases, or otherwise has possession of the pedicab.

    (c) "Pedicab" means a device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears, having two or more wheels and constructed in such a manner as to engage in the business of carrying passengers for hire.

    (d) "Person" means any corporation, association, syndicate, joint stock company, partnership or individual.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3902. PERMIT REQUIRED.

    Before operating any pedicab upon any public street, the owner or lessee thereof shall apply for and obtain a permit therefor from the Police Department as provided in Section 3903 of this Article, and the operator thereof shall also obtain an operator's permit as provided in Section 3905 of this Article.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3903. APPLICATION FOR PEDICAB PERMIT.

    (a) Application for a pedicab permit shall be made in writing upon a form prescribed by the Chief of Police and filed with the Chief of Police along with the filing fee. The application shall contain the following information:

    1. Owner's or lessee's name, address and type of ownership.

    2. Vehicle type and serial number.

    3. Seating capacity.

    4. Route(s) or area(s) over which the applicant proposes to operate.

    5. Whether the applicant has ever been convicted of a felony or a misdemeanor and, if so, the details thereof.

    6. Such other information as the Chief of Police determines is necessary to evaluate the fitness of the applicant to be granted a pedicab owner's permit.

    (b) Each applicant shall sign the application which shall contain a warning that the application may be denied or the permit suspended or revoked if the applicant misrepresents facts relevant to the fitness of the applicant to be granted a pedicab permit.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3904. PEDICAB OPERATOR'S PERMIT APPLICATION.

    (a) Application for a pedicab operator's permit shall be made in writing upon a form prescribed by the Chief of Police and filed with the Chief of Police along with the filing fee. The application shall contain the following information:

    1. The applicant's full name, residence address, date of birth and California driver's license number.

    2. Whether the applicant:

    A. Has ever been convicted of a felony or a misdemeanor and, if so, the details thereof;

    B. Has ever been licensed as a driver or chauffeur and, if so, whether such license has ever been revoked and for what cause;

    C. The driver is physically qualified to drive a pedicab safely and the driver's hearing and eyesight are unimpaired.

    3. Such other information as the Chief of Police determines is necessary to evaluate the fitness of the applicant to be granted a pedicab owner's permit.

    (b) The operator shall pass an examination as to the operator's knowledge of the traffic laws and rules of the City and County of San Francisco.

    (c) The operator, if not also the owner of the pedicab, must present a letter of request signed by the owner or lessee stating an intent to employ the applicant.

    (d) The operator must allow a complete set of his or her fingerprints to be taken.

    (e) The operator must submit two recent recognizable photographs of said operator.

    (f) Each applicant shall sign the application which shall contain a warning that the application may be denied or the permit suspended or revoked if the applicant misrepresents facts relevant to the fitness of the applicant to be granted a pedicab permit.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3905. INSURANCE REQUIREMENTS.

    (a) In order to ensure the safety of the public, it shall be unlawful for any person who owns a pedicab to allow it to be operated or driven or to obtain a permit therefor unless and until said person shall have complied with the provisions of either Paragraph 1 or Paragraph 2 of this subsection.

    1. Such person, firm or corporation shall file with the Chief of Police and thereafter keep in full force and effect a policy of insurance, in such form as the Chief of Police may deem proper and executed by a Company duly licensed to issue insurance policies in California, insuring the public against any loss or damage that may result to any person or property from the operation of such pedicab or pedicabs, provided the minimum amount of recovery in such policy of insurance shall be not less than the following sums:

    Personal Injury or Death: $100,000 for each person injured or killed subject to a limit of $450,000 for any one occurrence;

    Property Damage: $10,000 for any one occurrence, and further provided that the policy is endorsed to provide a hold harmless clause in favor of the City and County of San Francisco and to provide that a 30 days' notice of cancellation be sent to the Chief of Police of the City and County of San Francisco.

    2. Such person, firm or corporation, in lieu of the aforesaid liability insurance policy, file with the Chief of Police a bond in such form as the Chief of Police may deem proper, executed by a surety company duly authorized to do business within the State of California. The bond shall be conditioned on the payment of the amounts set forth hereinbelow and shall provide for the entry of judgment on motion of the state in favor of any holder of a final judgment on account of damages to property or injury to any person caused by the operation of such person's, firm's or corporation's pedicab and further shall provide for a hold harmless clause in favor of the City and County of San Francisco and that a 30 days' notice of cancellation be sent to the Chief of Police of the City and County of San Francisco. The bonds shall be in the sum as follows:

    A. For only one pedicab: $100,000 for any one occurrence.

    B. For more than one but less than six pedicabs: $200,000 for any one occurrence.

    C. For more than five but less than 21 pedicabs: $450,000 for any one occurrence.

    D. For more than 20 but less than 61 pedicabs: $600,000 for any one occurrence.

    E. For more than 60 but less than 101 pedicabs: $1,000,000 for any one occurrence.

    F. For more than 100 pedicabs: $3,000,000 for any one occurrence.

    Subject to the limits shown for any one occurrence, the bond shall be conditioned to pay $100,000 for injury to any one person and $10,000 for damage of property of any one person.

    (b) It shall be unlawful for any person who owns a pedicab to allow it to be operated or driven by an employee unless and until

    1. The owner provides workers' compensation insurance for the employee.

    (c) It shall be unlawful for any person to operate or drive a pedicab as an independent contractor or to obtain a permit therefor unless and until said person shall have complied with the provisions by either Paragraph 1 or Paragraph 2 of Subsection (a) of this Section.

    (d) New Policy to be Furnished. If, at any time, said policy or certificate of insurance or bond be cancelled by the issuing company, the Chief of Police shall require the party to whom the permit is issued to replace said policy or certificate or bond with another policy or certificate or bond satisfactory to the Chief of Police and, in default thereof, said permit shall be deemed void upon the effective date of the cancellation of the insurance or bond.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3906. PERMITS ISSUED BY CHIEF OF POLICE.

    (a) The Chief of Police shall, without unnecessary delay, hear each owner/lessee application and grant the same unless the Chief finds:

    1. That the owner/lessee has committed crimes or has been convicted of offenses that render the applicant unfit to own pedicabs;

    2. That the applicant has filed to meet the insurance or bond requirements set forth in Section 3905 of this Article;

    3. That the pedicab for which the permit is applied for is inadequate or unsafe for the purpose intended or insufficiently equipped with safety devices;

    4. That the route and/or routes or area over which the applicant proposes to operate cannot safely accommodate pedicabs in view of the condition of the existing roads or the traffic thereon. In passing upon this question the Chief of Police shall consult with the Department of Public Works and exercise a sound and reasonable discretion, and the permit shall be granted unless public interest and safety may otherwise require;

    5. That the applicant made material misrepresentations of facts relevant to the fitness of the applicant to be granted the permit.

    (b) Permits shall be numbered, and such numbers, not less than three inches in height and one-half inch wide shall be affixed to each pedicab upon the right-hand side of the body thereof with such conspicuousness as may be required by the Chief of Police.

    All permits shall be obtained from the office of the Tax Collector upon proper notification to that office from the Chief of Police.

    (c) The Chief of Police shall, without unnecessary delay, hear each operator application and may grant the same unless it shall appear:

    1. That the pedicab operator is incompetent or has not had sufficient experience in driving a vehicle in the City and County of San Francisco;

    2. That the operator has committed crimes or has been convicted of offenses that render said applicant unfit for the operation of pedicabs.

    3. That the operator is not physically qualified to operate a pedicab safely or possesses defective eyesight or hearing.

    4. That the applicant made material misrepresentations of facts relevant to the fitness of the applicant to be granted the permit.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3907. PRESENTATION OF PERMIT TO TAX COLLECTOR– LICENSE FEES.

    Upon the granting of a permit, as hereinabove provided, the Police Department shall forward the permit to the Tax Collector, who shall furnish the permittee with the following:

    (a) Owner/Lessee:

    (1) Permit

    (2) License

    (3) Permit Plate

    (b) Operator:

    (1) Permit

    (2) License

    (3) Operator's Badge

    (4) Identification Card

    Each permittee is required to pay a license fee to the Tax Collector as set forth in Section 2.27 of this Code, and must pay the cost of such badge, card and plate as are issued.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3908. PEDICAB LICENSE, PLATE, IDENTIFICATION CARD AND OPERATOR'S BADGE.

    All pedicab licenses, metal plates and identification cards issued under the provisions of Section 3907 of this Article shall date from the first day of January of each year and shall be issued for one year from the aforesaid date; provided, however, that when service is first initiated, the license will be issued for the remaining portion of the calendar year in which it is authorized and only subsequent licenses will date from the first day of January for each succeeding year.

    (Added by Ord. 38-86, App. 2/14/86; amended by Ord. 389-86, App. 9/19/86)

    SEC. 3909. FILING FARES.

    (a) Permittees issued pedicab permits pursuant to the provisions of this Article shall file with the Board of Supervisors the fares per passenger charged for each trip.

    (b) The Board of Supervisors may adopt, modify or reject the fare schedules submitted.

    (c) Should the Board of Supervisors, by resolution, adopt or modify the fare schedule submitted, such shall be the fare charged.

    (d) Should the Board of Supervisors, by resolution, reject the fare schedule proposed, the permittee submitting said fare schedule shall not charge the rejected fare unless and until the permittee submits, and the Board of Supervisors adopts, a new and different fare schedule.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3909.1. DISPLAY OF FARE SCHEDULE.

    Every pedicab shall have permanently affixed to the outside thereof, in a place readily to be seen by passengers, a frame covered with glass, enclosing a card upon which shall be printed in plain, legible letters the schedule of rates authorized for carriage in such pedicab. The said frame and enclosed card must be approved by the Chief of Police. The rates published shall be the only rates charged.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3910. OPERATING REGULATIONS.

    (a) Every person operating a pedicab shall be subject to all applicable laws, rules and regulations of Chapter 11, Part II of the San Francisco Municipal Code (Traffic Code) and the Vehicle Code of the State of California pertaining to the operation of bicycles upon streets and pedestrian or bicycle facilities.

    (b) It shall be unlawful for any person:

    1. To operate a pedicab who is under the age of eighteen years;

    2. To operate a pedicab while under the influence of alcoholic beverages or controlled substances other than medication prescribed by a physician;

    3. To operate a pedicab in any manner which 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;

    4. To operate, or cause to be operated, any pedicab upon or along any route unless such route is first approved by the Chief of Police;

    5. To operate any pedicab within the City and County of San Francisco without a valid driver's license issued by the authority of the State of California and a permit granted by the Police Department of the City and County of San Francisco. At all times while operating a pedicab, the operator shall wear conspicuously the badge and carry the identification card issued by the Tax Collector;

    6. To operate, or cause to be operated, any pedicab upon or along any street unless there is a valid license for each such pedicab obtained pursuant to this Article;

    7. To operate, or cause to be operated, a pedicab without the city permit number thereof displayed in a conspicuous place and in figures not less than three inches in height and 1/2 inch wide upon the right-hand side of the body thereof;

    8. To operate, or cause to be operated, any pedicab while there is attached thereto any trailer or any other passenger-carrying vehicles;

    9. Owning or operating, or causing to be operated by pedicab within the City and County of San Francisco to allow or permit any incompetent or inexperienced person to act as an operator of a pedicab;

    10. To operate, or cause to be operated at night a pedicab without using headlights and taillights.

    (c) There shall be no more than three passengers to a pedicab at any one time who shall remain seated throughout the ride.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3911. REVOCATION OF PERMITS BY POLICE DEPARTMENT.

    (a) Any pedicab owner's permit may be suspended or revoked by the Chief of Police pursuant to provisions of Sections 2.12, 2.13 and 2.14 of this Code for:

    1. Any violation of the provisions of Sections 3901 to 3914, inclusive, and of any regulations adopted pursuant to Section 3915 of this Article;

    2. The failure to pay any judgment for damages arising from the unlawful or negligent operation of the pedicab for which the permit was issued;

    3. Failure to maintain necessary insurance;

    4. Permitting an unlicensed operator to operate or remain in charge of any pedicab;

    5. Failure to adequately supervise operators of any pedicab;

    6. Any violation of the laws of the State of California or the City and County of San Francisco that has some bearing on the fitness of the owner to own a pedicab;

    7. Any material misrepresentation of facts relevant to the fitness of the applicant to be granted the permit.

    (b) Any operator may have his or her pedicab operator's permit suspended or revoked by the Police Department pursuant to provisions of Sections 2.12, 2.13 and 2.14 of this Code who:

    1. Violates any provisions of Sections 3901 to 3915, inclusive, of this Article;

    2. Operates any pedicab while under the influence of alcoholic beverages or controlled substances other than medication prescribed by a physician;

    3. Operates the pedicab in a reckless and dangerous manner;

    4. Violates any law of the State of California or the City and County of San Francisco that has some bearing on the fitness of the operator to operate a pedicab;

    5. Makes any material misrepresentation of facts relevant to the fitness of the applicant to be granted the permit.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3912. SANITARY REGULATIONS.

    Every person owning or operating, or causing to be operated, any pedicab in the City and County of San Francisco shall thoroughly wash each pedicab, when so operated, at least once a week, and shall also carefully sweep and clean each of said pedicabs daily; and whenever required in writing by the Department of Public Health every person owning or operating, or causing to be operated, any pedicab within the limits of said City and County shall fully disinfect each pedicab so operated by spraying said pedicab with an efficient disinfectant.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3913. SAFETY REQUIREMENTS.

    (a) No vehicle shall be operated as a pedicab for hire unless it is in a reasonably clean and safe condition inside, as well as externally, so as not to injure or damage the person, clothing or possessions of a passenger. The pedicab's exterior shall be reasonably clean and shall be essentially free from cracks, breaks and major dents. It shall be painted to provide adequate protection and a neat and clean appearance. Repairs done to comply with this Section shall be done within a reasonable time based on availability of parts and labor.

    (b) Every pedicab shall have the following minimum properly working equipment or safety features:

    1. A battery or generator operated headlight and taillight;

    2. Turn signals visible from the front and rear of the pedicab;

    3. Hydraulic or mechanical disc brakes;

    4. Spoke reflectors placed on each wheel and tape type reflectors showing the front and the back width of the pedicab.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3914. LOADING REQUIRED.

    It shall be unlawful for any person owning or operating or driving, or causing to be operated or driven, any pedicab to permit the same to remain standing upon the street for the purpose of loading or unloading passengers unless the side of said pedicab is as close as possible to the curb and in no circumstances more than three feet from the curb.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3915. REGULATIONS BY CHIEF OF POLICE.

    The Chief of Police may adopt, after a noticed public hearing, rules and regulations supplemental to Sections 3901 through 3915, inclusive, of this Code and not in conflict therewith to carry out the purpose of this Article. The rules and regulations shall become effective 10 days after adoption by the Chief of Police.

    (Added by Ord. 38-86, App. 2/14/86)

    SEC. 3916. PENALTY.

    (a) Any person who shall violate the provisions of Sections 3901 through 3915 of this Article shall be guilty of an infraction or a misdemeanor.

    If charged as an infraction, the penalty shall be as follows:

    (1) Upon a first conviction thereof, such person shall be punished by a fine not to be less than $50 nor to exceed $500.

    (2) Upon a second conviction thereof, such person shall be punished by a fine not to be less than $250 nor to exceed $500.

    (3) Upon a third or subsequent conviction thereof, such person shall be punished by a fine not to be less than $400 nor to exceed $500. The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction or both.

    If charged as a misdemeanor, the penalty therefor shall be by imprisonment in the County Jail not exceeding six months or a fine not exceeding $500. The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction or both.

    (b) In addition to the penalty set forth above in Subsection (a), any person who shall violate any provision of Sections 3901 through 3915 shall be subject to revocation or suspension of any permit issued by the City and County, following adequate notice and a hearing before the Chief of Police or his or her designee.

    (Added by Ord. 348-91, App. 9/26/91)

    SEC. 3917. SEVERABILITY.

    If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Article or any part thereof, is for any reason to be held unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases by declared unconstitutional or invalid or ineffective.

    (Added by Ord. 38-86, App. 2/14/86)