Oct 14, 2024
San Diego cracked down Monday on pedicabs that play loud music and fare-gouge unsuspecting tourists. The City Council voted unanimously to ban amplified music on all pedicabs, increase insurance requirements for operators and require written fare agreements before all passenger trips. Despite expressing sympathy for pedicab operators who said eliminating amplified music would wipe out roughly 70 percent of their revenue, council members said drastic action was necessary. “There are just too many stories of people being woken up late at night or being taken advantage of by a handful of unscrupulous operators,” said Councilmember Stephen Whitburn, who spearheaded the crackdown. “If we just had a smattering of complaints that might be one thing, but we have gotten hundreds of complaints,” said Whitburn, whose district includes popular pedicab areas near Petco Park and along the downtown waterfront. “What is going on is not OK, and it is time to take action.” Pedicab operators, many of whom said they were the sole source of income for entire families, proposed a compromise that would have allowed amplified music during daytime and evening hours but not late at night. “A more balanced solution, such as limitations on music, would allow the industry to continue thriving while ensuring the pedicab drivers can support themselves and their families,” said Ali Horuz, owner of VIP Pedicab. Horuz suggested allowing music from 10 a.m. to 10 p.m. Sunday through Thursday and from 11 a.m. to 10 p.m. Friday and Saturday, contending that would solve complaints about late-night noise. Councilmember Joe LaCava said he rejected the compromise because the city already has ineffective rules in places regulating decibel levels and how close pedicabs playing loud music can be to housing. “When you have regulations that are routinely ignored — regulations that are difficult to enforce — it’s like you have no laws at all,” LaCava said. Some speakers at Monday’s council hearing blamed the problems not on the current rules but on a lack of police enforcement. But the crackdown won’t come with any increase in enforcement. The fare-gouging piece of the crackdown aims to prevent unscrupulous pedicab operators from telling a group it will cost $40 for a ride and then saying after the trip that they meant $40 per person, potentially inflating the cost to $160 or $200. “We feel these amendments will deter bait-and-switch pricing,” said Terrence Sullivan, an aide to Whitburn who wrote the new rules. “If a dispute does arise regarding the cost of a ride, the invoice can be used to support one side or the other.” A tourist from South Carolina who visited San Diego last May said a shady pedicab operator charged her $209 to travel less than three-quarters of a mile from Petco Park to the Gaslamp Plaza Suites. “We came as visitors to your city, and we trusted the legitimacy of this pedicab operator because we trusted the city of San Diego would regulate its businesses that require licenses and permits to operate,” Cheryl Kay said. The pre-trip agreements must list the date of the trip, the pedicab permit number, the name of the operator and an agreed-upon fare for all the passengers combined. The San Diego Regional Chamber of Commerce endorsed the crackdown. “This conduct negatively affects the perception of downtown, impedes traffic access to businesses and hotels and deters important tourism activity,” said Justine Murray, the chamber’s executive director of public affairs. Fred Tayco, executive director of the San Diego County Lodging Association, said the crackdown will help pedicab owners who operate honestly. “This will not only provide clarity for visitors, but also level the playing field for the pedicab operators,” Tayco said. The new rules build on a 2018 crackdown that banned flashing and multicolored lights on pedicabs and prohibited music audible from more than 50 feet away. But in 2022, the city had to back away from a longtime ban on electric pedicabs because of a new state law. Some critics say the electric-powered pedicabs, which move faster than the people-powered version, are a threat to pedestrians.
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