Chapter 5.58 PEDICABS

It is the purpose and intent of this chapter to provide for the orderly regulation of pedicabs, in the interest of the public health, safety and welfare. The city council finds that regulations governing pedicabs and the owners and drivers of pedicabs are necessary to protect the general safety and welfare of passengers using pedicabs for hire and pedestrians and motorists within the city. (Ord. 1433 § 1, 2021).

5.58.020 Definitions.

For the purposes of this chapter, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

(1) "Alcoholic beverages" has the same meaning as defined in California Business and Professions Code Section 23004.

(2) "City manager" means the city manager or the city manager’s designee.

(3) "Four-wheeled pedicab" means a pedicab as defined in subsection (6)(c) of this section.

(4) "Identification badge" means a badge issued by the city that identifies the pedicab driver with a color photo.

(5) "Operates within the city" means the soliciting, accepting, picking up, or embarking within the city of a passenger for transportation to any point within or outside the city for any form of consideration.

(6) "Pedicab" means:

(a) 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 any form of consideration;

(b) 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 any form of consideration; or

(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of fifteen miles per hour, and is being used for transporting passengers for any form of consideration.

(7) "Pedicab driver" or "driver" means an individual who drives or operates a pedicab within the city, whether as an owner, an employee of the owner, or as an independent contractor.

(8) "Pedicab driver permit" means a written permit issued by the city authorizing a person to drive or operate a pedicab within the city.

(9) "Pedicab owner" or "owner" means any person who owns, leases, or possesses a pedicab.

(10) "Pedicab vehicle permit" means the numbered permit issued by the city for display on a pedicab to indicate that the pedicab is permitted to operate within the city.

(11) "Pedicab vehicle sticker" means the pedicab identification sticker issued by the city. (Ord. 1433 § 1, 2021).

5.58.030 Pedicab driver permits.

No person shall 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. 1433 § 1, 2021).

5.58.040 Application for pedicab driver permit.

(a) The pedicab driver permit application form shall be in a form prescribed by the city manager.

(b) The applicant shall provide the following:

(1) The applicant’s full name;

(2) The applicant’s business and residence addresses and phone numbers;

(3) The name(s) of the business or company, if any, for which the driver is a pedicab driver;

(4) The applicant’s date of birth, and proof that the applicant is eighteen years of age or older;

(5) Identification in the form of a current and valid motor vehicle driver’s license issued by the state of California;

(6) A complete set of the applicant’s fingerprints and payment of the applicable fingerprint or background check fee;

(7) Four recent color passport-sized photographs;

(8) Authorization for the city to conduct a comprehensive background check of the applicant; and

(9) Such other material as the city manager may require for evaluating the fitness of the applicant to be granted a pedicab driver permit.

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

(d) The city manager shall investigate the facts stated in an application for a pedicab driver permit and other relevant data. (Ord. 1433 § 1, 2021).

5.58.050 Temporary pedicab driver permit.

(a) The city may issue a temporary pedicab driver permit to an applicant upon submission of the following:

(1) A completed pedicab driver permit application;

(2) Payment of the applicable fingerprint or background check fee; and

(3) Written acknowledgment by the pedicab owner that the driver will be operating under a temporary pedicab driver permit.

(b) A temporary pedicab driver permit is valid for fourteen calendar days from the date of issuance; provided, that the city may revoke a temporary pedicab driver permit at any time for any reason.

(c) Upon issuance of a temporary pedicab driver permit, payment of the pedicab driver permit fee under Section 5.58.060 shall be deferred for a period of seven days.

(d) If a temporary pedicab driver permit is issued, city staff shall not process the permanent pedicab driver permit until the fee required under Section 5.58.060 is paid.

(e) An individual may only get one temporary pedicab driver permit. (Ord. 1433 § 1, 2021).

5.58.060 Pedicab driver permit fee.

The city shall charge a nonrefundable pedicab driver permit fee, in an amount set by city council resolution, to recover the cost of the administration, regulation, and issuance of pedicab driver permits. (Ord. 1433 § 1, 2021).

5.58.070 Duration of pedicab driver permit.

A pedicab driver permit is valid for a period of one year from date of issuance. (Ord. 1433 § 1, 2021).

5.58.080 Pedicab driver permit renewal.

A pedicab driver permit is renewable upon the filing and approval of a new application and payment of the pedicab driver permit fee. (Ord. 1433 § 1, 2021).

5.58.090 Identification badge issued to pedicab driver.

(a) The city shall issue an identification badge to a pedicab driver permit holder.

(b) While the pedicab is in operation, the pedicab driver shall wear the identification badge at all times on his or her person, in a manner clearly visible to the public.

(c) Identification badges are the property of the city and are not transferable to any other pedicab driver. In the event that a person’s pedicab driver permit is suspended or revoked, the operator shall immediately surrender the identification badge to the city manager. In the event of a suspension, the city manager shall return the identification badge to its holder after termination of the suspension period. (Ord. 1433 § 1, 2021).

5.58.100 Driver’s license requirement to drive or operate pedicab.

(a) No person shall drive or operate a pedicab unless he or she is currently and validly licensed by the state of California to drive a motor vehicle. A pedicab driver shall have his or her current valid motor vehicle driver’s license issued by the state of California on his or her person at all times while driving or operating a pedicab.

(b) A pedicab operator shall report a change in the status of his or her driver’s license to the city within three business days of the change. (Ord. 1433 § 1, 2021).

5.58.110 Permit requirement for pedicab vehicles.

(a) No pedicab owner shall lease, rent, or allow a pedicab to be driven or operated for hire within the city without a valid pedicab vehicle permit.

(b) The pedicab vehicle permit shall be permanently affixed in a conspicuous and visible location within the pedicab. The pedicab vehicle sticker shall be permanently affixed in a conspicuous and visible location on the outside of the pedicab.

(c) Pedicab vehicle permits and stickers are the property of the city and should be in a visible location within the pedicab. (Ord. 1433 § 1, 2021).

5.58.120 Application for pedicab vehicle permit.

(a) The pedicab vehicle permit application form shall be in a form prescribed by the city manager.

(b) The applicant shall provide the following information in the application:

(1) The full name, business and residence address, and phone number of the applicant;

(2) The name and address of all legal and registered owners of the pedicab;

(3) A description of the pedicab, including trade name, if any, serial number or owner identification number, body style, and color scheme;

(4) Seating capacity of the pedicab; and

(5) Proof of insurance in accordance with this chapter. (Ord. 1433 § 1, 2021).

5.58.130 Requirements for issuance of a pedicab vehicle permit.

(a) Pedicab vehicle permits will be issued only after the pedicab has been inspected by the city. Pedicabs must have all of the following:

(1) A battery-operated headlight capable of projecting a beam of white light for a distance of three hundred feet and permanently affixed to the pedicab. The light may be removable and rechargeable;

(2) Battery-operated taillights permanently affixed on the right and the left 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 five hundred feet to the rear of the pedicab. The lights may be removable and rechargeable;

(3) Signal bells and turn signals indicators;

(4) Seat belts and seat backs for each available passenger; and

(5) Those requirements related to bicycles set forth in California Vehicle Code Section 21201.

(b) In addition to the requirements in subsection (a) of this section, four-wheeled pedicabs are required to comply with the requirements set forth in California Vehicle Code Section 21215. (Ord. 1433 § 1, 2021).

5.58.140 Pedicab vehicle permit fee.

The city shall charge an annual nonrefundable pedicab vehicle permit fee, in an amount set by city council resolution, to recover the cost of the administration, regulation, and issuance of pedicab vehicle permits. (Ord. 1433 § 1, 2021).

5.58.150 Duration of pedicab vehicle permit.

Pedicab vehicle permits are valid for a period of one year from date of issuance. (Ord. 1433 § 1, 2021).

5.58.160 Pedicab vehicle permit renewal.

Pedicab vehicle permits are renewable upon filing of a new application, inspection of the pedicab, and payment of the pedicab vehicle permit fee. (Ord. 1433 § 1, 2021).

5.58.170 Equipment regulations for the operation of pedicabs.

No person shall operate, or cause to be operated, a pedicab that fails to meet the equipment requirements of this chapter. (Ord. 1433 § 1, 2021).

5.58.180 Fare schedule.

(a) Every pedicab shall have permanently affixed to the outside thereof, in a place readily to be seen by passengers, a frame covered with clear plastic, or similar material, enclosing a card upon which shall be printed in plain, legible letters the schedule of rates authorized for carriage in such pedicab. The font size for such lettering shall be at least one inch in height.

(b) It is unlawful for a pedicab driver to deceive any passenger who rides in the vehicle, or who expresses a desire to ride in such vehicle, as to that passenger’s destination or the rate to be charged.

(c) It is unlawful for a pedicab driver to demand from a passenger a fare greater than the fare contained in the posted fare schedule.

(d) Subsection (c) of this section does not apply to fares for special tours; provided, that the fare for the special tour is agreed upon between the passenger and the pedicab driver prior to the beginning of the tour. (Ord. 1433 § 1, 2021).

5.58.190 Insurance.

(a) A pedicab owner shall maintain, at no cost to the city, a commercial general liability insurance policy insuring the public against any loss or damage that may result to any person or property from the operation of the pedicab. Coverage shall include all drivers, whether employees or independent contractors.

(b) Coverage shall be at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits of not less than two million dollars per occurrence.

(c) The city, its officials, and employees shall be covered by policy terms or endorsement as additional insureds in regards to general liability arising out of activities performed by or on behalf of the pedicab owner.

(d) The pedicab owner’s insurance coverage shall be primary insurance as it pertains to the city, its officials, and employees.

(e) The city must be provided with thirty days’ prior written notice of cancellation or material change in the policy language or terms by both the pedicab owner and the insurer.

(f) The pedicab owner shall furnish the city with certificates and endorsements evidencing the insurance required, which must be maintained during the term of the pedicab vehicle permit. Proof of insurance must be carried in all pedicabs operated under a pedicab vehicle permit. The city may suspend, modify, or revoke a pedicab vehicle permit if current certificates of insurance and required endorsements have not been provided. (Ord. 1433 § 1, 2021).

5.58.200 Report of accidents.

(a) A pedicab driver shall immediately report any accident or collision in which he or she is involved while operating a pedicab, which results in property damage or personal injury of any kind, to the owner of the pedicab involved in the accident or collision.

(b) A pedicab owner whose pedicab is involved in any accident or collision resulting in property damage or personal injury of any kind shall within forty-eight hours of being informed of the accident or collision give a written report thereof to the city manager. A copy of a report required under state law shall be deemed sufficient for such purposes; otherwise, such report shall contain all information required with respect to reports otherwise required under state law. (Ord. 1433 § 1, 2021).

5.58.210 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 this code governing the operation of bicycles, and all other applicable state and federal laws. No person shall ride, travel, park, or otherwise operate a pedicab on any sidewalk. When traveling or otherwise operating on any public way, pedicab drivers shall yield to pedestrians. No pedicab shall be operated in weather conditions that pose an unreasonable safety risk to the drivers or passengers of the pedicab, or to other motorists or pedestrians.

(b) No owner or driver of a pedicab shall knowingly permit such pedicab to be used for unlawful purposes or knowingly to transport persons for such purposes.

(c) Every pedicab operating under this chapter will be inspected by the city manager at such intervals as may be established by the city manager to ensure the continued maintenance of safe operating conditions. Such pedicabs shall be maintained in working order and good repair. Maintenance and repair records for each pedicab shall be retained for at least one year after such maintenance and repair has been completed, and such records shall be made available to the city upon request.

(d) For the purpose of immediately loading or unloading passengers, a pedicab may remain standing upon a street if the pedicab is in any legal parking stall, designated loading zone, or any other location that does not impede pedestrian or vehicular traffic. Otherwise, a pedicab driver must comply with on-street parking regulations regarding loading zones, fire zones, spaces designated for carriages, taxis, buses, the disabled, and metered parking spaces. The city manager may set forth specific additional locations where pedicabs are allowed to park or stand. No pedicab driver shall leave a pedicab unattended, while in operation for the solicitation or transportation of passengers, for a period of more than fifteen minutes at a time unless parked in one of those specific locations identified by the city manager.

(e) Pedicab owners shall maintain an operational log for each pedicab owned and operated under that owner’s pedicab owner’s permit. The operational log shall list the dates and times of the operation of each pedicab, and the name of any pedicab driver operating the pedicab during those dates and times.

(f) Pedicab owners shall establish a procedure for the collection, retention and return of lost property found in each pedicab. Pedicab owners and pedicab drivers shall also be diligent and courteous in responding to and resolving inquiries and complaints from passengers, city officials and members of the general public regarding the operation of pedicabs owned or operated by them. Pedicab owners shall respond to inquiries about lost property within five business days.

(g) The city manager 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 city council resolution. The city manager shall ensure that each pedicab owner is given an updated version of such restrictions. It is unlawful for any pedicab owner or pedicab driver to drive or operate a pedicab, or allow a pedicab to be driven or operated, in violation of these restrictions.

(h) Pedicab owners, pedicab drivers, and pedicab vehicles are subject to all applicable city, county, state, and federal laws, rules, and regulations. (Ord. 1433 § 1, 2021).

5.58.220 Application.

In addition to the other requirements in this chapter, four-wheeled pedicabs are subject to the regulations set forth in Sections 5.58.230 and 5.58.240. (Ord. 1433 § 1, 2021).

5.58.230 Operation of four-wheeled pedicabs.

(a) A four-wheeled pedicab shall have a seating capacity for not more than fifteen persons.

(b) The operator of a four-wheeled pedicab shall be at least twenty-one years old.

(c) A four-wheeled pedicab shall be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails. The four-wheeled pedicab shall be inspected annually for compliance with the requirements of this section. The four-wheeled pedicab owner shall pay an inspection fee in an amount set by city council resolution.

(d) In addition to the insurance requirements set forth in Section 5.58.190, the operator of a four-wheeled pedicab shall retain coverage of two million dollars in general umbrella insurance that covers the four-wheeled pedicab.

(e) No person shall operate a four-wheeled pedicab on any freeway; on any highway with a posted speed limit in excess of thirty miles per hour, except to cross the highway at an intersection; or on any street or highway designated as restricted during peak hours by city council resolution.

(f) The operator of a four-wheeled pedicab shall annually report any accidents caused or experienced by the four-wheeled pedicab to the Department of the California Highway Patrol.

(g) A four-wheeled pedicab shall not load or unload passengers on roadways or in the middle of highways.

(h) Four-wheeled pedicabs shall be operated as close as practicable to the right hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn. (Ord. 1433 § 1, 2021).

5.58.240 Consumption of alcoholic beverages.

(a) The consumption of alcoholic beverages on a four-wheeled pedicab is subject to the regulations set forth in this section.

(b) An on-board safety monitor who is twenty-one years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the four-wheeled pedicab. The on-board safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 of the California Vehicle Code during the operation of the four-wheeled pedicab.

(c) Both the operator and the on-board safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control. Operators and on-board safety monitors must carry proof of completion of a LEAD or LEAD equivalent certification.

(d) Alcoholic beverages shall not be provided by the operator or on-board safety monitor of the four-wheeled pedicab or any employee or agent of the operator or on-board safety monitor. Alcoholic beverages may only be supplied by the passengers of the four-wheeled pedicab. All alcoholic beverages supplied by passengers of the four-wheeled pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with Section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the four-wheeled pedicab.

(e) Alcoholic beverages may be consumed by a passenger of the four-wheeled pedicab only while he or she is physically on board and within the four-wheeled pedicab.

(f) The only alcoholic beverages allowed on board the four-wheeled pedicab are beer with less than seven percent ABV and boxed wine, with a limit of thirty-six ounces of beer or eighteen ounces of boxed wine per passenger.

(g) No hard liquor, pre-mixed drinks, or gelatin-based alcohol shots are permitted on the four-wheeled pedicab at any time.

(h) All passengers shall be twenty-one years of age or older if alcohol is consumed during operation of the four-wheeled pedicab.

(i) For purposes of this section, passengers who are pedaling are not operators of the four-wheeled pedicab.

(j) A license or permit from the Department of Alcoholic Beverages Control is not required of the operator or on-board safety monitor, so long as neither they, nor their employees or agents sell, serve, or furnish any alcoholic beverage to any passenger. (Ord. 1433 § 1, 2021).

5.58.250 Denial of pedicab permits.

The city manager may deny issuance of a pedicab driver permit or pedicab vehicle permit if an applicant for such permit:

(a) Fails to comply with the requirements of this chapter;

(b) Misrepresents facts relevant to the fitness of the applicant;

(d) Has been convicted of a crime involving moral turpitude or narcotics; or

(e) Has been convicted for hit and run, driving a vehicle recklessly or while under the influence of intoxicating alcohol or drugs within the seven years immediately preceding application for a pedicab operating permit. (Ord. 1433 § 1, 2021).

5.58.260 Suspension, modification, or revocation of permits.

(a) The city manager may suspend, modify or revoke a pedicab driver permit or pedicab vehicle permit if the holder of the permit:

(1) Misrepresents facts relevant to the fitness of the pedicab owner or pedicab driver if such misrepresentation becomes known after a permit has been issued;

(2) Violates the traffic laws of the city, county or state;

(3) Is convicted of misdemeanor reckless driving;

(4) Fails to maintain one or more pedicabs in good order and repair;

(5) Drives or operates a pedicab, or allows a pedicab to be driven or operated;

(6) Knowingly falsifies material and relevant facts on an application for a pedicab driver permit or pedicab vehicle permit;

(7) Fails to maintain insurance as required in this chapter;

(8) Fails to notify the city manager thirty days prior to the effective date of liability insurance cancellation or change of insurer;

(9) Fails to pay any fines, penalties, fees or damages lawfully assessed upon the owner or driver of a pedicab;

(10) Is convicted of a violation of any law involving alcohol or moral turpitude;

(11) Operates any vehicle in a manner which constitutes a misdemeanor under the laws of the state of California; or

(12) Fails to comply with any of the applicable provisions of this chapter or the rules and regulations prescribed by the city manager.

(b) In addition to the provisions of Section 5.58.300, the city manager may immediately suspend or revoke a pedicab driver permit or pedicab vehicle permit upon the receipt of information reasonably sufficient and reliable to establish that the permit holder has committed a violation of law involving:

(1) A felony;

(2) A sex offense;

(3) Soliciting for prostitution;

(4) A narcotics offense; or

(5) Has had a license to drive issued by a state or territory of the United States suspended or revoked.

(c) Upon suspension or revocation, the pedicab owner or pedicab driver shall immediately surrender the pedicab driver permit or pedicab vehicle permit to the city manager. In the event of suspension, the city manager shall return any suspended permit to the holder of such permit immediately after termination of the suspension period. After any such permit has been revoked, the holder of that permit may not reapply for such permit until one year has elapsed since the date that the revocation became a final adjudication. (Ord. 1433 § 1, 2021).

5.58.270 Right of appeal from denial, suspension, modification, or revocation of pedicab driver permit or pedicab vehicle permit.

(a) The city shall notify the pedicab owner or pedicab driver that his or her pedicab driver permit or pedicab vehicle permit has been denied, suspended, modified, or revoked. The city manager shall also notify the pedicab owner or pedicab driver of the right to appeal the denial, suspension, modification, or revocation to the city manager. Any written appeal shall be filed in accordance with Section 5.58.280.

(b) If no appeal is filed within the time allowed, the pedicab driver permit or pedicab vehicle permit shall be considered denied, suspended, modified, or revoked and the pedicab owner or pedicab driver shall immediately surrender any such permit to the city manager in the manner prescribed.

(c) Once a timely appeal is filed, any suspension, modification, or revocation of a pedicab driver permit or pedicab vehicle permit shall be stayed pending the final determination by the hearing officer as set forth in this chapter unless such permit has been immediately suspended pursuant to this chapter. (Ord. 1433 § 1, 2021).

5.58.280 Appeal proceedings.

(a) The pedicab owner or pedicab driver may appeal any notice to deny, suspend, modify, or revoke a pedicab driver permit or pedicab vehicle permit by filing with the city manager within ten days from the date of service of a notice of denial, suspension, modification, or revocation, a written appeal containing:

(1) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

(2) A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;

(3) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

(b) Upon receipt of any appeal filed and the appeal fee pursuant to this section, the city manager shall transmit the appeal to the administrative hearing officer appointed for the purpose of hearing such appeal, who shall calendar it for hearing as soon as possible, but in no event later than thirty days from the date the appeal was received without the express written consent of the appellant.

(c) Written notice of the time and place of the hearing shall be given at least ten calendar days prior to the date of the hearing to each appellant by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.

(d) The city may collect and require an appeal fee to be paid at the time the written appeal notice is filed. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, administrative hearing officer compensation, preparation and service of notices and staff appearance in the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed; provided, that the city manager may waive or defer the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with this chapter, and other factors indicating good faith attempts to comply.

(e) Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication.

(f) Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

(g) Enforcement of any order of the city manager issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, except for a suspension or revocation under Section 5.58.260(b). (Ord. 1433 § 1, 2021).

5.58.290 Conduct of hearings.

(a) At the time set for hearing, the administrative hearing officer shall proceed to hear the testimony of the city manager, the appellant(s) and other competent persons respecting the reasons for the denial, suspension, modification or revocation of the permit, and other relevant facts concerning the matter.

(b) The proceedings at the hearing shall be electronically recorded. Appellant(s) may provide a certified shorthand reporter to maintain a record of the proceedings at the appellant’s own expense.

(c) The administrative hearing officer may, upon request of either the appellant or the director, grant continuances from time to time for good cause shown, or upon his or her own motion.

(d) The administrative hearing officer or designee shall administer the oath or affirmation.

(e) The appellant may represent themselves, or be represented by anyone of their choice.

(f) If the appellant does not proficiently speak or understand the English language, he or she may provide an interpreter, at the appellant’s own cost, to translate for the appellant. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

(g) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or any of its departments. (Ord. 1433 § 1, 2021).

5.58.300 Form and contents of decision.

(a) After hearing all the evidence, the administrative hearing officer shall issue a decision to sustain the appeal, affirm the decision of the city manager, or modify the decision of the city manager, which shall be in writing and issued within ten days of the date of the hearing.

(b) Upon issuance of the decision, the director shall serve a copy of the decision by mailing it to the appellant’s address as listed in the appeal form.

5.58.310 General pedicab operation.

After any decision issued pursuant to this chapter shall have become final by failure to file a timely appeal or after administrative hearing officer’s decision on appeal is rendered, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. (Ord. 1433 § 1, 2021).

5.58.320 Enforcement authority.

The city manager is authorized to administer and enforce the provisions of this chapter. The city manager may exercise any enforcement powers as provided in this code. (Ord. 1433 § 1, 2021).

5.58.330 Enforcement remedies.

(a) In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties.

(b) Violations of this chapter are hereby declared to be a public nuisance.

(c) Any person who violates a provision of this chapter is liable for civil penalties of not less than two hundred fifty dollars or more than twenty-five thousand dollars for each day the violation continues.

(d) Any person who violates a provision of this chapter is guilty of an infraction, punishable by a fine in accordance with Section 36900 of the California Government Code.

(e) All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. (Ord. 1433 § 1, 2021).

5.58.340 Strict liability offenses.

Violations of this chapter shall be treated as strict liability offenses. (Ord. 1433 § 1, 2021).

5.58.350 Severability.

If any provision(s) of this chapter is declared invalid by a court of competent jurisdiction, it is the intent of the city council that such invalid provision(s) be severed from the remaining provisions of the chapter so that regulation and control of pedicabs may remain in place. (Ord. 1433 § 1, 2021).