SEC. 3910. OPERATING REGULATIONS.

   (a)   Every person operating a pedicab shall be subject to all applicable laws, rules and regulations of the San Francisco Transportation Code and the California Vehicle Code pertaining to the operation of bicycles upon streets and pedestrian or bicycle facilities.

   (b)   It shall be unlawful for any person:

      1.   To operate a pedicab who is under the age of eighteen years;

      2.   To operate a pedicab while under the influence of alcoholic beverages or controlled substances other than medication prescribed by a physician;

      3.   To operate a pedicab in any manner which impedes or blocks the normal or reasonable movement of pedestrian or vehicular traffic unless such operation is necessary for safe operation or in compliance with law;

      4.   To operate, or cause to be operated, any pedicab upon or along any route unless such route is first approved by the Chief of Police;

      5.   To operate any pedicab within the City and County of San Francisco without a valid driver's license issued by the authority of the State of California and a permit granted by the Police Department of the City and County of San Francisco. At all times while operating a pedicab, the operator shall wear conspicuously the badge and carry the identification card issued by the Tax Collector;

      6.   To operate, or cause to be operated, any pedicab upon or along any street unless there is a valid license for each such pedicab obtained pursuant to this Article;

      7.   To operate, or cause to be operated, a pedicab without the city permit number thereof displayed in a conspicuous place and in figures not less than three inches in height and 1/2 inch wide upon the right-hand side of the body thereof;

      8.   To operate, or cause to be operated, any pedicab while there is attached thereto any trailer or any other passenger-carrying vehicles;

      9.   Owning or operating, or causing to be operated by pedicab within the City and County of San Francisco to allow or permit any incompetent or inexperienced person to act as an operator of a pedicab;

      10.   To operate, or cause to be operated at night a pedicab without using headlights and taillights.

   (c)   There shall be no more than three passengers to a pedicab at any one time who shall remain seated throughout the ride.

(Added by Ord. 38-86, App. 2/14/86; Ord. 287-08, File No. 081340, App. 12/5/2008)

SEC. 3911. REVOCATION OF PERMITS BY POLICE DEPARTMENT.

   (a)   Any pedicab owner's permit may be suspended or revoked by the Chief of Police pursuant to provisions of Sections 2.12, 2.13 and 2.14 of this Code for:

      1.   Any violation of the provisions of Sections 3901 to 3914, inclusive, and of any regulations adopted pursuant to Section 3915 of this Article;

      2.   The failure to pay any judgment for damages arising from the unlawful or negligent operation of the pedicab for which the permit was issued;

      3.   Failure to maintain necessary insurance;

      4.   Permitting an unlicensed operator to operate or remain in charge of any pedicab;

      5.   Failure to adequately supervise operators of any pedicab;

      6.   Any violation of the laws of the State of California or the City and County of San Francisco that has some bearing on the fitness of the owner to own a pedicab;

      7.   Any material misrepresentation of facts relevant to the fitness of the applicant to be granted the permit.

   (b)   Any operator may have his or her pedicab operator's permit suspended or revoked by the Police Department pursuant to provisions of Sections 2.12, 2.13 and 2.14 of this Code who:

      1.   Violates any provisions of Sections 3901 to 3915, inclusive, of this Article;

      2.   Operates any pedicab while under the influence of alcoholic beverages or controlled substances other than medication prescribed by a physician;

      3.   Operates the pedicab in a reckless and dangerous manner;

      4.   Violates any law of the State of California or the City and County of San Francisco that has some bearing on the fitness of the operator to operate a pedicab;

      5.   Makes any material misrepresentation of facts relevant to the fitness of the applicant to be granted the permit.

(Added by Ord. 38-86, App. 2/14/86)

SEC. 3912. SANITARY REGULATIONS.

   Every person owning or operating, or causing to be operated, any pedicab in the City and County of San Francisco shall thoroughly wash each pedicab, when so operated, at least once a week, and shall also carefully sweep and clean each of said pedicabs daily; and whenever required in writing by the Department of Public Health every person owning or operating, or causing to be operated, any pedicab within the limits of said City and County shall fully disinfect each pedicab so operated by spraying said pedicab with an efficient disinfectant.

(Added by Ord. 38-86, App. 2/14/86)

SEC. 3913. SAFETY REQUIREMENTS.

   (a)   No vehicle shall be operated as a pedicab for hire unless it is in a reasonably clean and safe condition inside, as well as externally, so as not to injure or damage the person, clothing or possessions of a passenger. The pedicab's exterior shall be reasonably clean and shall be essentially free from cracks, breaks and major dents. It shall be painted to provide adequate protection and a neat and clean appearance. Repairs done to comply with this Section shall be done within a reasonable time based on availability of parts and labor.

   (b)   Every pedicab shall have the following minimum properly working equipment or safety features:

      1.   A battery or generator operated headlight and taillight;

      2.   Turn signals visible from the front and rear of the pedicab;

      3.   Hydraulic or mechanical disc brakes;

      4.   Spoke reflectors placed on each wheel and tape type reflectors showing the front and the back width of the pedicab.

(Added by Ord. 38-86, App. 2/14/86)

SEC. 3914. LOADING REQUIRED.

   It shall be unlawful for any person owning or operating or driving, or causing to be operated or driven, any pedicab to permit the same to remain standing upon the street for the purpose of loading or unloading passengers unless the side of said pedicab is as close as possible to the curb and in no circumstances more than three feet from the curb.

(Added by Ord. 38-86, App. 2/14/86)

SEC. 3915. REGULATIONS BY CHIEF OF POLICE.

   The Chief of Police may adopt, after a noticed public hearing, rules and regulations supplemental to Sections 3901 through 3915, inclusive, of this Code and not in conflict therewith to carry out the purpose of this Article. The rules and regulations shall become effective 10 days after adoption by the Chief of Police.

(Added by Ord. 38-86, App. 2/14/86)

SEC. 3916. PENALTY.

   (a)   Any person who shall violate the provisions of Sections 3901 through 3915 of this Article shall be guilty of an infraction or a misdemeanor.

      If charged as an infraction, the penalty shall be as follows:

      (1)   Upon a first conviction thereof, such person shall be punished by a fine not to be less than $50 nor to exceed $500.

      (2)   Upon a second conviction thereof, such person shall be punished by a fine not to be less than $250 nor to exceed $500.

      (3)   Upon a third or subsequent conviction thereof, such person shall be punished by a fine not to be less than $400 nor to exceed $500. The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction or both.

      If charged as a misdemeanor, the penalty therefor shall be by imprisonment in the County Jail not exceeding six months or a fine not exceeding $500. The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction or both.

   (b)   In addition to the penalty set forth above in Subsection (a), any person who shall violate any provision of Sections 3901 through 3915 shall be subject to revocation or suspension of any permit issued by the City and County, following adequate notice and a hearing before the Chief of Police or his or her designee.

(Added by Ord. 348-91, App. 9/26/91)