HomeMy WebLinkAbout1866 - Amending Chapter 5.12 of the Newport Beach Municipal Code to Provide for the Regulation of Pedicabs0 ORDINANCE NO. 1866
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 5.12 OF THE NEWPORT BEACH
MUNICIPAL CODE TO PROVIDE FOR THE REGULATION
OF PEDICABS
WHEREAS, the City Council of the City of Newport Beach
finds that the operation of pedicabs upon the streets, sidewalks
and other rights -of -way within the City of Newport Beach needs to
be regulated by the City Council of the City of Newport Beach;
and
WHEREAS, said operations on the streets, sidewalks and
other rights -of -way within the City could cause severe adverse
impacts upon vehicular traffic, upon pedestrians, bicyclists,
rollerskaters, skateboarders, and the like; and
WHEREAS, the uncontrolled and unregulated use of pedi-
cabs within the City of Newport Beach could cause a severe
adverse impact upon the community as a whole; and
WHEREAS, the operation of pedicab businesses could have
significant impacts upon residential uses within the City unless
the hours of operation can be effectively controlled by the City
Council; and
WHEREAS, it is in the public interest to preserve the
public health, safety and welfare to adopt regulations
controlling the use of pedicabs within the City of Newport Beach,
NOW, THEREFORE, the City Council of the City of Newport
Beach DOES ORDAIN as follows:
SECTION 1. Section 5.12.010 of the Newport Beach Muni-
cipal Code is hereby amended by adding thereto the definition of
"pedicab" to read as follows:
"Pedicab. The term 'pedicab' shall mean a
device upon which a person may ride, or propelled
exclusively by human power through a belt, chain or
gears, and having two or more wheels, designed to
carry one or more passengers for a fare. The term
'pedicab' shall include a motor - driven cycle or
motorized bicycle designed to carry one or more
passengers for a fare."
SECTION 2. Section 5.12.025 is hereby added to the
0 Newport Beach Municipal Code to read as follows:
115.12.025. Pedicab Permit - Trial Period. No
person shall engage in the business of operating a
pedicab as defined in Section 5.12.010 within the
City without first having obtained a separate cer-
tificate of public convenience and necessity for
each such business, as required by this Chapter.
The provisions of this Chapter concerning the cer-
tificate of public convenience and necessity shall
apply to the operation of
the City; provided, howev
of a certificate and upon
pedicab operator the City
trial period of operation
business may operate with
a pedicab business within
�r, prior to the issuance
application by a proposed
Council may establish a
during which a pedicab
a temporary permit so to
do, issued after public hearing by the City
Council. During said trial period of operation,.
Page 2
the City Council may designate those streets, side-
walks and other rights -of way which may be used for
the operation of pedicabs and, likewise, designate
certain streets, sidewalks, and other rights -of way
upon which pedicabs may not be operated, and
further may set the permitted hours of operation of
said business within the City. The City Council
further shall have the authority, upon the adoption
of a resolution, to delegate, during said trial
period of operation, to the City Manager or his
designee the authority to determine which streets,
sidewalks and rights -of way are appropriate for use
and prohibition of use during the trial period for
operation of pedicabs. The determination of the
City Manager or his designee regarding the use of
or prohibition of use of streets, sidewalks or
other rights -of -way may supersede a contrary deter-
mination of the City Council regarding the use of
any such street, sidewalk or other rights -of -way.
"Said trial period shall be for a period not
to exceed four (4) months and, upon conclusion of
said trial period of operation, the City Council
may determine whether or not a certificate of
public convenience and necessity will be issued
pursuant to the terms of this Chapter. As a con-
dition of any certificate under this Chapter for
the operation of a pedicab business, the City
Council may designate those streets, sidewalks and
49 other rights -of -way where the operation of pedicabs
can be permitted; as well as the permitted hours of
operation."
Page 3
SECTION 3. This ordinance shall be published once in
the official newspaper of the City and the same shall be
effective thirty (30) days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 8th.
day of September , 1980, and was adopted on the 22nd
day of September , 1980, by the following vote, to wit:
-40
ATTEST:
City Clerk
CERTIFIED As THE ORIGINAL AND
CERTIFIED AS TO PUBUCATION
O A7F --- S
5 1980
diry TN
N T BEACH
is
AYES, COUNCILMEN Cox, Heather,
Hummel, Maurer, Plummer, Strauss
NOES, COUNCILMEN Hart
ABSENT COUNCILMEN
a r
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HRC /kv
090280