Loading...
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 Page 4 HRC /kv 090280