Gone are the days of pedicabs blaring Top 40 hits as they ride through downtown San Diego traffic, as the City Council Monday approved amendments that would — among other things — ban amplified sound equipment from the human-powered cabs.
"Pedicabs can be a fun and climate friendly mode of transportation," said Councilman Stephen Whitburn, who proposed the amendments and represents Council District 3, which includes Downtown. "Many pedicab drivers operate within existing guidelines. But too many do not."
The amendments to the city code passed Monday also require pedicab operators or drivers to provide an agreed upon price to customers prior to the ride and offer an itemized receipt as well as having fares and pedicab licenses more prominently displayed as well as extending liability to pedicab owners.
Following hundreds of complaints received by Whitburn's office from residents, business owners and tourists alike, the council was clear in its actions, approving the amendments 8-0.
Many pedicabs blare music as they look for fares or while giving rides. A law was already on the books prohibiting pedicabs — which have been regulated by the city since 2000 — from playing music or other noise audible from more than 50 feet away. However, this distance makes enforcement more difficult, "because police officers must determine whether a pedicab is located less than or more than 50 feet away," a city staff report read.
A diverse group commented on the proposed item Monday, including both pedicab owners and operators who felt that not only would this negatively impact their livelihoods, but that they were not the sole reason for loud music downtown. Bars and nightclubs also play music into quiet hours, but they are more strictly regulated about decibel levels.
Another aspect addressed by the council includes a common bait-and- switch tactic where a pedicab operator tells a group of potential passengers that their trip will cost a given fare. Then, after the ride, the operator will claim the fare discussed was actually a per-person cost, not the cost for all the passengers.
According to Whitburn's office, even when riders pay the bill reluctantly, the operator can add a "tip" without the passengers' consent or knowledge. The proposed ordinance seeks to beat this scam by requiring operators provide passengers "with a written, dated invoice that includes the pedicab operator's name or business name, the agreed upon fare per passenger, and the agreed upon total fare for all passengers due upon arrival at the destination."
Most pedicab operators are independent contractors for the business's owners.
The owner of one pedicab company proposed a middle-ground: Banning speakers on pedicabs between 10 p.m. and 10 a.m. on weekdays and 11 p.m. and 10 a.m. on Fridays and Saturdays. That proposal fell on ears deafened by dozens of loud pedicabs.
"For those frustrated by this item today, look to your colleagues," said Council President pro Tempore Joe LaCava, who said there were too many companies or drivers flouting existing ordinances and negatively affecting the standard of living of people downtown.
Monday's decision will bring the city of San Diego closer in alignment with the port, which passed similar guidelines for pedicabs recently.
