16.40.540 Pedicab Operating Responsibilities and Prohibitions.

City Code Section

(Amended by Ordinance No. 188972, effective June 29, 2018.)  A permitted Pedicab and Quadricycle Company shall comply with the following.

A.  Zero Tolerance for Drug and Alcohol Use and Discrimination. All permitted Pedicab and Quadricycle companies shall have at all times a zero-tolerance policy for intoxicants, and adopt a policy that, at a minimum, prohibits drivers and employees from engaging in discrimination on the basis of a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable local, state or federal law, This policy shall be submitted to the Director for approval. Any changes to the policy shall be submitted to and approved by the Director prior to implementation.

B.  User Terms of Service. It must be stated within a disclaimer or limitation of liability in a Pedicab and Quadricycle Company’s user terms of service that no disclaimer of liability for negligence or other tortious conduct shall have any force or effect as prohibited by local law or restriction in the City of Portland, and that any tort claim against a Pedicab or Quadricycle Company shall be governed by Oregon tort law in effect at the time of the claim.

C.  Fare Rate Transparency. All Pedicab and Quadricycle fare rates shall be established by the Pedicab and Quadricycle Companies, reported to the Director, and made available in a clear and transparent way to the passenger prior to the passenger accepting a ride.

D.  Receipts. When providing PFHT services, Pedicab and Quadricycle must display the words “RECEIPTS AVAILABLE UPON REQUEST” in a location visible to all passengers. All Pedicab and Quadricycle passengers shall be provided, upon request, either a paper or digital receipt for services at the termination of the ride that clearly indicates the fare paid, time of ride, name of Pedicab or Quadricycle Company, Pedicab or Quadricycle Driver, Pedicab or Quadricycle Company contact information, and the City of Portland’s PFHT complaint phone number. Upon request`, paper receipts must be produced on a carbon copy-type receipt book, and each receipt must be identified with an individual unique receipt number. The carbon copy portion of the receipt must be stored at the Pedicab or Quadricycle Company office for at least 12 months. Carbon copy portion of the receipts must be made available for audits upon request.

E.  Limitation or Prohibition on Dynamic Pricing. The Bureau Director may limit or prohibit dynamic pricing by any Pedicab or Quadricycle Company and Pedicab or Quadricycle Drivers during a State of Emergency, as declared by the Mayor, pursuant to Portland City Code Section 15.04.040.

F.  Reporting Requirements. Each Pedicab and Quadricycle Company shall regularly report the following to the Director:

1.  The number and type of crimes against drivers to the extent known;

2.  The arrest or conviction for any criminal offense of any affiliated Pedicab or Quadricycle;

3.  The filing of any lawsuit against or on behalf of the Pedicab or Quadricycle Company related to the operation of the company and its services in the City of Portland;

4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and

5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the Pedicab or Quadricycle Company.

G.  Pedicab and Quadricycle Company Records Management and Mandatory Compliance.

1.  Pedicab and Quadricycle Companies will be required to keep documentation of all certified Pedicab and Quadricycle Drivers and all Pedicab and Quadricycle Vehicles. Such records shall be kept on file during the term of the Pedicab or Quadricycle Company Permit and for 2 calendar years after the expiration of such permit. Upon request or subpoena, Pedicab or Quadricycle Company records shall be provided to the Director and/or law enforcement officers.

2.  Pedicab and Quadricycle Companies shall submit to compliance audits and enforcement actions upon request by the Director, any authorized city personnel, or law enforcement officers pursuant to Chapter 16.40.