Agenda Item Wording:
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Consideration and direction on initiating a potential ordinance to regulate the use and operation of pedicabs within the City of Visalia and whether to allow the consumption of alcohol by pedicab passengers under designated circumstances.
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Deadline for Action: 8/21/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Luma Fahoum, Police Captain, (559) 713-4103, luma.fahoum@visalia.city <mailto:luma.fahoum@visalia.city>
Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187, tracy.robertshaw@visalia.city <mailto:tracy.robertshaw@visalia.city>
Jason Salazar, Police Chief, (559) 713-4253, Jason.salazar@visalia.city <mailto:Jason.salazar@visalia.city>
Jim Koontz, City Attorney, (559) 372-2400, jkoontz@prlawcorp.com <mailto:jkoontz@prlawcorp.com>
Paul Bernal, Community Development Director, (559) 713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council consider whether Council desires to allow pedicabs to operate in Visalia, and if so, then to provide direction to staff to propose a potential ordinance to regulate the use and operation of pedicabs within the City of Visalia. This proposed ordinance intends to establish rules and regulations that would allow the operation of pedicabs within the City. If Council directs City staff to move forward, then staff would seek input from interested groups and return with an ordinance for consideration.
As noted in the report as drafted, the ordinance contains specific provisions allowing the consumption of alcohol by pedicab passengers if statutory requirements are followed. State law provides that local agencies can allow the consumption of alcohol by local ordinance. The Council can approve the proposed ordinance with or without these provisions.
Background Discussion:
Pedicabs, are defined under state law to include bicycles, including electric bicycles, that transports or is capable of transporting passengers, and is available for hire. The use of these types of vehicles as an alternative to larger vehicles for hire has increased in recent years. As cities develop additional bicycle lanes, the use of pedicabs as an alternative form of transportation for hire is likely to increase.
Although a pedicab could be considered similar to taxis or rideshare vehicles, the proposed ordinance presumes and would require a fixed route with pre-designated loading and unloading zones that would be outside of roadways to avoid disrupting vehicular traffic.
State law, Vehicle Code sections 21215-21215.5, state specific operational rules for pedicabs in California. These rules require that pedicabs be authorized by local ordinance to operate within the jurisdiction. There has been interest from a pedicab company to begin operations within Visalia and City staff has prepared a draft ordinance that would allow this business to operate using state law requirements, along with some additional provisions to prevent pedicabs from loading and unloading in public parking lots and roadways.
State law otherwise requires that pedicab operators be over the age 21 with valid driver’s licenses; that the pedicab be equipped with seats for passengers, brakes, headlights, grab rails, and inspected annually; that operators be required to provide specified levels of insurance; that pedicabs are not allowed to operate on streets with a speed limits in excess of 30 miles per hour, except to cross at intersections; that pedicab operators report to the California Highway Patrol any accidents; that pedicabs are not permitted to load or unload passengers on roadways or in the middle of highways; that pedicabs shall be operated close to the right hand curb or edge of roadway except when necessary to overtake a vehicle, avoid an object, or when preparing to make a left turn.
In addition to these rules, state law allows local agencies to adopt their own regulations for pedicabs. City staff, in response to requests for the operation of pedicab businesses, has developed a proposed ordinance for Council consideration and is recommending adoption of such an ordinance to regulate the licensing, use, and operation of pedicabs. The proposed ordinance requires state mandates be followed and in addition contains additional provisions requiring background review of pedicab owners. Background investigations are also required for pedicab operators. If alcohol consumption is permitted, then safety monitors employed by the pedicab owner will also be required to complete a background investigation. The proposed ordinance also contains requirements allowing the City to inspect pedicabs prior to operation and additional specifications regarding the operational equipment on the pedicab.
The proposed ordinance also requires pedicab owners to provide proposed pedicab routes and stopping points. This requirement is to make sure the City will know where pedicabs will be operating and that the pedicab company has planned for adequate space for passenger loading and unloading that will not interfere with vehicles. As stated in state law, loading, and unloading passengers in roadways or highways is prohibited. The proposed ordinance requires pedicab business applicants to provide a planned operational route with loading and unloading areas identified. Applicants would need to provide City staff with evidence that they have authorization for the proposed parking locations. The proposed ordinance would prohibit loading or unloading passengers in public parking lots, unless a pedicab business is using spaces that are already being leased. The proposal puts the requirements on the pedicab business to secure the locations to load and unload passengers as part of the business licensing process.
State law also allows for the consumption of alcohol by passengers riding in pedicabs when such usage is permitted by local agencies. Local agencies can decide whether to allow this type of usage by pedicab customers. Other jurisdictions allow public consumption by passengers of pedicabs as an excursion similar to other types of alcohol tasting events or as part of traveling to and from businesses that serve alcohol. This usage has proven popular in some jurisdictions.
City staff would recommend first allowing the operation of pedicabs without the alcohol provisions, but the attached ordinance includes allowing alcohol consumption for review and comment. The provisions allowing alcohol consumption can be removed by City Council prior to adoption and reconsidered at a later time.
Under state requirements, when alcohol consumption is allowed there must be a separate safety monitor and operator on the pedicab employed by pedicab owner. Pedicab employees must also complete designated state training on alcohol and drugs. The pedicab operator is not permitted to provide alcohol, passengers must supply their own and the beverages must be sealed and unopened prior to consumption on the pedicab.
The draft ordinance would allow for the consumption of alcohol by pedicab passengers as otherwise permitted by state law. In addition to these general requirements, the safety monitor would be required to pass a background check and only one alcoholic beverage would be permitted to be opened and consumed in between pedicab stops. The pedicab operator shall also be responsible for disposing of beverage containers and preventing empty or partially empty containers from being left in the public right of way. Passengers are also required to surrender open containers for disposal prior to disembarking from the pedicab.
Public consumption on streets or sidewalks to and from the pedicab unloading points would not be permitted. To avoid confusion with existing ordinances, if alcohol consumption by pedicab customers is allowed, then City staff would recommend including an additional exception to the current municipal code provision that generally prohibits open containers on public property.
Fiscal Impact:
A cost recovery fee would be imposed as part of the licensing process to recover staff time spent conducting background reviews and vehicle inspections.
Prior Council Action: N/A
Other: N/A
Alternatives:
The City Council can alternatively decide not to allow pedicab businesses to operate within the City of Visalia and direct staff not to return with an ordinance or specifically direct staff not to further pursue an ordinance allowing alcohol consumption at this time.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve moving forward with the operation of pedicabs within the City of Visalia and direct City staff to proceed with processing the proposed ordinance and return to City Council for a first reading of the ordinance after additional input is sought from interested groups within the City.
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Environmental Assessment Status:
The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Furthermore, even if the resolution were to be determined to be a project, the resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that the resolution or its implementation would have a significant effect on the environment.
CEQA Review:
The requested action is not a “project” under CEQA.
Attachments:
1. Draft ordinance to regulate the use and operation of pedicabs