ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.90, SECTIONS 5.90.060, 5.90.070, 5.90.150, 5.90.160, AND 5.90.250, AND TITLE 10, CHAPTER 10.12, SECTION 10.12.220 OF THE STOCKTON MUNICIPAL CODE RELATING TO THE REGULATION OF PEDICABS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. AMENDMENT OF CODE
Title 5, Chapter 5.90, sections 5.90.060, 5.90.070, 5.90.150, 5.90.160, and 5.90.250 of the Stockton Municipal Code are amended and shall read as follows:
5.90.060 Duration of validity of pedicab operating permit.
Pedicab operating permits shall be valid for a period of three (3) years from date of issuance.
5.90.070 Pedicab operating permit renewal.
Pedicab operating permits shall be renewable upon filing and approval of a new application and payment of a pedicab operating permit fee as determined by the City Council.
5.90.150 Duration of validity of pedicab decal.
Pedicab decals shall be valid for a period of three (3) years from date of issuance.
5.90.160 Pedicab decal renewal.
Pedicab decals shall be renewable upon filing of a new application and payment of a pedicab decal fee.
5.90.250 Insurance requirements.
In order to ensure the safety of the public, it is unlawful for any person who owns a pedicab to allow it to be operated or driven or to obtain a permit for its operation under this chapter unless and until said person has complied with the provisions of this section.
A. The owner or operator of any pedicab operated under this chapter 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, and which satisfies the following:
1. 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 one million dollars ($1,000,000.00) per occurrence.
2. The policy of insurance is endorsed to provide a hold harmless clause in favor or the City;
3. The policy provide that 30-days’ notice of cancellation of insurance be sent to the Police Chief; and 4 A certificate evidencing insurance shall be filed with the Police Chief and the risk manager for the City, and must name the City, its officers, agents and employees as additional insureds.
B. The insurance required under this section shall remain in full force, at a level at least equal to the minimum requirements set forth above, or the pedicab decal will be subject to revocation or suspension pursuant to this chapter.
SECTION II. AMENDMENT OF CODE
Title 10, Chapter 10.12, section 10.12.220 of the Stockton Municipal Code is amended and shall read as follows:
10.12.220 Riding bicycles on sidewalks.
A. No person shall ride or attempt to ride any bicycle upon or over any walking area situated inside a private shopping center or parking area, or over any sidewalk space in the following areas unless signs permitting such riding are posted:
Areas zoned:
1. CO Commercial Office District;
2. CN Commercial Neighborhood District;
3. CG Commercial General District;
4. CD Commercial Downtown District;
5. CL Commercial Large-Scale District.
B. The City Manager or authorized representative may post signs permitting the riding of bicycles in any of the above areas or portions of the above areas if it is found and determined after a traffic engineering and safety survey, that such riding will not endanger pedestrian traffic, public or private safety.
C. Whenever any person is riding a bicycle upon or over any walking area situated inside a private shopping center or parking area, or over any sidewalk or sidewalk space, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
D. The provisions of subsection A of this section shall not apply to the following persons:
1. Peace officers, as defined in Penal Code Section 830, and emergency personnel who are acting within the course and scope of their employment;
2. Operators of pedicabs while otherwise lawfully operating a pedicab pursuant to the terms of a valid permit issued in accordance with Chapter 5.90 of this Code, and at reasonable speeds based on conditions but never more than 5 miles per hour, upon:
a. Janet Leigh Plaza, Joan Darrah Waterfront Promenade, and DeCarli Square. b. Within the area of the Stockton arena and ballpark, subject to the limitations, prohibitions, and directions of the property owner, owner’s agents, and law enforcement officers to facilitate the free flow of vehicular and pedestrian traffic and ensure public safety. Notwithstanding the foregoing, pedicabs shall not operate within a parking structure.
SECTION III. SEVERABILITY
If any section of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION IV. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________
KEVIN J. LINCOLN, II
Mayor of the City of Stockton
ATTEST:
______________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton