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(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B. Has ever been licensed as a driver or chauffeur and, if so, whether such license has ever been revoked and for what cause;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)
(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)
(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)
Upon the granting of a permit, as hereinabove provided, the Police Department shall furnish the permittee with the following:
(a) Owner/Lessee:
(1) Permit
(2) Permit Plate
(b) Operator:
(1) Permit
(2) Operator’s Badge
(3) Identification Card
Each permittee shall pay the cost of such badge, card and plate as are issued.
All pedicab metal plates and identification cards issued under the provisions of Section 3907 of this Article shall be issued for one year.
(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)
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)
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