(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)