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ORDINANCE NO. 15,488
AN ORDINANCE AMENDING CHAPTER 23 OF THE LITTLE
ROCK CODE OF ORDINANCES BY ADDING ARTICLE V-
HORSE-DRAWN VEHICLES.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Chapter 23, Article V. Horse -Drawn Vehicles
shall be added to the Little Rock Code of Ordinances and shall
read as follows:
Section 23 -39. Definitions.
(a) Animal: For the purpose of this ordinance, "animal"
is defined as a horse or a mule.
(b) Horse -Drawn Vehicle: Any vehicle which is operated
or pulled by a horse or a mule which may be hired for the
transportation of passengers and which is operated within the
corporate limits of the City of Little Rock.
(c) Permit: The grant by the city to operate one
horse -drawn vehicle upon the public streets of the City of
Little Rock.
(d) Horse -drawn vehicle driver's license: Written
authority given by the Department of Human and General Services
to drive any horse -drawn vehicle upon the public streets of the
City of Little Rock.
(e) Operate or operation: Operation by the owner or any
agent of the owner or by any person with the owner's knowledge,
consent or permission, expressed or implied.
(f) Owner: Any individual, firm, association,
partnership, or corporation.
Section 23 -40. Compliance with article required.
The operation of horse -drawn vehicles within and upon the
public streets of the city shall be subject to the conditions,
regulations and restrictions set forth in this article. It
shall be unlawful for any person to engage in the business of
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1 operating a horse -drawn vehicle in the City of Little Rock until
2 the provisions of this article have been complied with.
3 Section 23 -41. Permit required.
4 It shall be unlawful for any person, whether acting as
5 owner, principal, agent, employee, lessee or permittee to
6 operate or cause to be operated any horse -drawn vehicle as
7 defined in Section 23 -28 upon the public streets of the City of
8 Little Rock where that vehicle has not been issued a permit or
9 upon which said permit has not been affixed as provided in this
10 article. Said permit shall be of a type provided by the
11 Department of Human and General Services, shall be affixed to
12 the horse -drawn vehicle in the manner prescribed by this
13 article, and shall be nontransferable from the vehicle for which
14 the same was issued except as may be authorized by this article.
15 Such permit shall be issued on an annual basis.
16 Section 23 -42. Application for permit; contents, fees.
17 Any person desiring to obtain a permit to operate a
18 horse -drawn vehicle in the City of Little Rock shall submit to
19 the Department of Human and General Services a written
20 application which shall be made upon blank forms provided by the
21 Department of Human and General Services and shall be
22 accompanied by an annual fee of $150.00. Such application shall
23 contain the following information:
24 (a) The name, address, telephone number and
25 form of business of the applicant. If the
26 applicant is a corporation, it shall also state the
27 names, principal place of business and addresses of
28 its officers, the date and place of incorporation,
29 and if incorporated outside the State of Arkansas,
30 whether it is qualified to do business in the State
31 of Arkansas. If the applicant is an individual,
32 firm, partnership or other unincorporated
33 association, the names and addresses of each person
34 or member, whether active or inactive, shall be set
35 forth.
36 (b) The trade name, if any, under which the
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applicant proposes to do business.
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(c) A thorough description of the proposed
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horse -drawn vehicle business to be operated; the
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manner in which the applicant proposes to install,
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maintain, and operate the business; the proposed
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hours of operation; the proposed location from
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which the business is to be operated; the proposed
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route or routes to be served or utilized, together
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with a map or maps describing the proposed routes;
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a schedule of all known special events and their
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location; the number of horse -drawn vehicles to be
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operated under the proposed business; the type of
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animal to be used to draw any vehicle; the kind,
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make and model of the vehicles to be used in the
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business, together with a list of the safety and
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sanitation devices and methods to be employed.
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(d) A thorough description of the manner
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and location in which the applicant proposes to
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feed, water, shelter, quarter and stable and
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otherwise care for the animals to be used in the
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business, and the method to be used in transporting
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the animals within and without the city.
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(e) A schedule of proposed rates and
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charges to all classes of passengers.
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(f) A certificate of soundness for each
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animal that will be pulling a permitted vehicle
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issued by a veterinarian licensed in the State of
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Arkansas, finding such animal to be free from
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infectious disease, in good health and fit for
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horse -drawn vehicle services under this article.
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Each animal shall thereafter be reinspected at
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intervals of no more than six (6) months, and a
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certificate of soundness shall be issued by such
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veterinarian and filed with the city in order for
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such animal to remain in service. Such
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certification shall identify the animal by name and
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1 by physical description. No animal shall be used
2 to draw a horse -drawn vehicle without such
3 certificate of soundness, certified and dated
4 within any preceding six -month period.
5 (g) An insurance certificate providing that
6 the applicant has met the insurance requirements of
7 this article.
8 (h) A sworn statement acknowledging the
9 applicant's familiarity with and eligibility under
10 the provisions of this article and any rules and
11 regulations promulgated hereunder, and the
12 applicant's intention to abide by the same.
13 (i) Any such supplementary information the
14 city shall at any time demand in order to
15 reasonably determine whether the request for a
16 permit should be granted.
17 Section 23 -43. Issuance of permit.
is Upon receipt and acceptance of a complete application for
19 permit, the Department of Human and General Services shall
20 forward copies of said application to the City Manager, Traffic
21 Engineer and Chief of Police. Each official shall evaluate the
22 application for public health, safety and welfare concerns. If
23 the applicant's plan for service meets with the official's
24 approval, he or she shall report said approval in writing to the
25 Department of Human and General Services.
26 No permit shall be issued until after all the terms,
27 provisions and conditions of this article have been complied
28 with and until after the payment of the permit fee required by
29 Section 23 -33 of this article is made.
30 Section 23 -44. Vehicle permit fee.
31 An annual vehicle permit fee shall be charged by the city
32 to each person applying and securing a permit for the operation
33 of a horse -drawn vehicle in the sum of fifteen ($15.00) for each
34 such vehicle. The full fee shall be charged if any operation is
35 conducted.
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1 Section 23 -45. When permit fee due and payable.
2 The permit fee required by the preceding section shall be
3 due and payable on the first day of January of each year or
4 pro -rated as of the effective date of permit approval.
5 Section 23 -46. Permit transfer fee.
6 For the transfer of any permit issued by the Department
7 of Human and General Services and after the issuance of same by
8 the Department of Human and General Services, a transfer fee of
9 Five Dollars ($5.00) shall be paid to the City Collector for
10 recording the transfer of such permit from one vehicle to
11 another owned by the same owner.
12 Section 23 -47. Fee for lost or destroyed permits.
13 If a permit issued under this article is lost or
14 destroyed, the permit holder may obtain a duplicate from the
15 Department of Human and General Services upon payment of a five
16 dollar ($5.00) service charge.
17 Section 23 -48. Renewal of permit.
18 Any person to whom a permit has been issued, under the
19 provisions of this article, and whose permit is not suspended or
20 revoked, shall be entitled to renew such permit annually;
21 provided, however, that such person shall fully comply with the
22 provisions of this article and such other ordinances, rules and
23 regulations as shall be enacted or adopted from time to time by
24 the city and shall apply for said renewal no later than fifteen
25 (15) days prior to the expiration of the permit for which
26 renewal is sought; provided further, renewal of said permit
27 shall be issued by the City Collector upon payment of the annual
28 permit fee.
29 Section 23 -49. Restriction on number of permits issued.
30 Not more than ten (10) horse -drawn vehicle permits shall
31 be issued and active in the city at any given time unless after
32 public hearing by the Board of Directors, it is determined that
33 the public health and safety will not be adversely affected by
34 additional horse -drawn vehicles.
35 All persons holding city horse -drawn vehicle permits must
36 maintain in active operation the vehicle for which the permit
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1 was issued. Any permit which remains dormant for more than four
2 (4) months, shall be declared void by the Department of Human
3 and General Services.
4 Section 23 -50. Adherence to plan submitted in
5 application.
6 Permittees must adhere to routes, rates and vehicle
7 number and design as specified in their application for permits.
8 The use of horse -drawn carriages for special events, which
9 include the use of any public right -of -way, must be filed and
10 approved by the Traffic Engineer prior to its occurrence. Any
11 deviation from said application, without the approval of the
12 City of Little Rock, shall be a violation of this article.
13 Section 23 -51. Revocation or suspension of permit.
14 The City Manager is empowered and authorized, upon the
15 recommendation of the Department of Human and General Services,
16 to revoke or suspend the permit of any horse -drawn vehicle for
17 good cause shown, or if any horse -drawn vehicle is found not to
18 be safe or in good condition with respect to appearance,
19 cleanliness or mechanical operation. Permits, when so suspended
20 or revoked, shall not be reissued until the cause for such
21 revocation or suspension shall have been removed to the
22 satisfaction of the City Manager. In the.event of suspension or
23 revocation of a permit under the provisions of this article, no
24 refund shall be made to the owner for any portion of the permit
25 fee.
26 section 23 -52. insurance policy required.
27 Before any permit for a horse -drawn vehicle shall be
28 issued, the owner shall file with the Department of Human and
29 General Services an insurance policy issued by an insurance
30 company licensed to do business in this state, providing
31 insurance coverage for each and every horse -drawn vehicle owned,
32 operated or leased by the applicant with a minimum of fifty
33 thousand dollars ($50,000.00) for the injury or death of any one
34 person and one hundred thousand dollars ($100,000.00) for the
35 injury or death of any number of persons in any one accident,
36 and ten thousand dollars ($10,000.00) for property damage
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I resulting from any one accident, regardless of whether the
2 horse -drawn vehicle was being driven by the owner, his agent,
3 employee, lessee or permittee.
4 Such policy shall further provide that insolvency or
5 bankruptcy of the insured shall not release the insurance
6 company from making any payment due under such policy; and if by
7 reason of such insolvency or bankruptcy and execution on a
8 judgment against the insured is returned unsatisfied; the
9 judgment creditor shall have a right of action against the
10 insurance company to recover the amount of such judgment to the
11 same extent that the insured paid the judgment. The policy
12 shall further provide that it shall not be cancelled until ten
13 (10) days notice of such cancellation shall have been given to
14 the Department of Human and General Services.
15 If the owner of any horse -drawn vehicle shall fail to
16 provide within ten (10) days after receipt of notice of
17 cancellation another policy of insurance complying with this
18 section, then the permits issued for such horse -drawn vehicles,
19 shall automatically become void and of no effect; provided,
20 however, that the owner of any horse -drawn vehicle may, in lieu
21 of carrying liability insurance as herein provided, deposit and
22 maintain throughout the terms of the permit with the Department
23- of Human and General Services, bonds with sureties to be
24 approved by the City Attorney in the sum of not less than eighty
25 thousand dollars ($80,000.00) running to the city, conditioned
26 that in the event of any injury or damage to any person or
27 property growing out of the negligence of any horse -drawn
28 vehicle owned or operated or leased by the insurer, the person
29 so injured in his person or property to have a right of action
30 thereon in the sum of not more than fifty thousand dollars
31 ($50,000.00) for any one accident or death, and not more than
32 one hundred thousand dollars ($100,000.00) total liability on
33 account of any one accident resulting in bodily injuries to or
34 the death of more than one person regardless of whether the
35 driver of the horse -drawn vehicle at the time of the accident is
36 the owner or his agent, employee, lessee or permittee.
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1 The cancellation or other termination of any insurance
2 policies or bond issued for or in compliance with the provisions
3 of this section, shall automatically terminate the permit issued
4 for the horse -drawn vehicle covered by such insurance policy or
5 bond unless another policy or bond complying with the provisions
6 of this section shall be provided and in full force and effect
7 at the time of such cancellation or termination.
8 Section 23 -53. Liability and indemnification.
9 (a) A permittee shall pay, and by the acceptance of a
10 permit specifically agrees to pay, any and all damages and
11 penalties which the city may be legally required to pay as a
12 result of the permittee's operation or maintenance of a
13 horse -drawn vehicle under this article, whether the acts or
14 omissions complained of are authorized, allowed or prohibited by
15 the city.
16 (b) A permittee shall also pay all expenses incurred by
17 the city in defending itself with regard to any and all damages
is and penalties mentioned in subsection (a) above. These expenses
19 shall include all out -of- pocket expenses, including a reasonable
20 attorney's fee and the reasonable value of services rendered by
21 any employee of the city.
22 Section 23 -54. Compliance with traffic regulations.
23 (a) A permittee, having been issued a permit under this
24 article to engage in the business of operating a horse -drawn
25 vehicle, shall be subject to all traffic provisions of this
26 Code, and all other traffic ordinances, rules and regulations of
27 the City of Little Rock and State of Arkansas.
28 (b) The City Traffic Engineer is hereby empowered to
29 designate the location and extent of space for stands to be
30 known as "horse -drawn vehicle stands" and approve all proposed
31 routes. No automobiles or other means of conveyance except such
32 vehicles for hire as defined in this article shall be permitted
33 to use such "horse -drawn vehicle stands" within the time as
34 provided by the rules and regulations promulgated by the Traffic
35 Engineer, unless the Traffic Engineer has so authorized.
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1 (c) The Traffic Engineer is hereby authorized and
2 directed to formulate and promulgate reasonable rules and
3 regulations for the use of such "horse -drawn vehicle stands" so
4 as to insure equality of opportunity among operators, and to
5 prevent discrimination among "horse -drawn vehicle stands" and to
6 prevent unfair practices among the owners, operators, and
7 drivers of such horse -drawn vehicles for hire.
8 Section 23 -55. Rates and charges to be displayed.
9 Each permittee shall prominently display on each
10 permittee's horse -drawn vehicle, a card or sign which shall show
11 the schedule of the rates and charges for the transportation
12 services furnished by the permittee; the city permit number of
13 such horse -drawn vehicle and the name and address of the
14 permittee of each such vehicle. Such card or sign shall be
15 posted in a conspicuous place on such vehicle while it is in use
16 as a horse -drawn vehicle for hire, so that it is clearly visible
17 to all passengers in such vehicle. It shall be unlawful for any
is permittee, operator, agent, lessee or driver of any horse -drawn
19 vehicle to charge more than the rate so posted.
20 Section 23 -56. Sanitation.
21 All permittees shall comply with the following sanitation
22 requirements:
23 (a) All animals shall be equipped with
24 adequate devices to prevent manure from falling on
25 the streets of the city. Any manure which should
26 fall upon the streets of the city shall be promptly
27 removed by the driver of such vehicle. I£ any
28 manure should fall on the streets of the city and
29 is not promptly removed by the driver, it may be
30 removed by the city and the expense of such removal
31 shall be recovered from the permittee.
32 (b) A permittee shall further comply with
33 all applicable health and sanitation provisions of
34 the City of Little Rock and the State of
35 Arkansas.
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1 Section 23 -57. Condition and inspection of horse -drawn
2 vehicles.
3 (a) Each horse -drawn vehicle shall be kept in a safe and
4 sanitary condition at all times. The city shall have the right,
5 which right shall not be denied, to inspect or cause to be
6 inspected, any horse -drawn vehicle as often as may be necessary
7 for the purpose of ascertaining or causing to be corrected any
8 unsafe or unsanitary conditions or any violations of this
9 article or any other rule, regulation or law relating to the
10 operation of horse -drawn vehicles.
it (b) The Department of Human and General Services is
12 hereby authorized to establish and promulgate rules and
13 regulations and minimum standards for the inspection and
14 condition of horse -drawn vehicles.
15 (c) If any horse -drawn vehicle shall fail to pass such
16 inspection, it shall be removed from service on the day of
17 inspection and shall remain out of service until it has passed
18 inspection.
19 (d) All horse -drawn vehicles used by a permittee shall
20 have conspicuously displayed on the vehicle, the name of the
21 permittee or the trade name under which such permittee operates.
22 No signs other- than those required by this article shall be
23 allowed on any horse -drawn vehicle.
24 Section 23 -58. Equipment.
25 In addition to the equipment required by the traffic
26 provisions of this Code, and all other traffic ordinances, rules
27 and regulations of the City of Little Rock and the State of
28 Arkansas, horse -drawn vehicles shall be required to display a
29 slow- moving vehicle emblem mounted on the rear of the vehicle.
30 In addition, all animals must wear blinders during the time the
31 horse -drawn vehicle is in operation.
32 Section 23 -59. Register to be kept by Department of
33 Human and General Services.
34 The Department of Human and General Services shall keep a
35 register showing the name and address of each person operating
36 horse -drawn vehicles licensed under this article, together with
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1 the permit number and the description of such horse -drawn
2 vehicle, with the date and complete record of inspections made
3 of it. Such a register shall be a public record and open to the
4 inspection of the public at all reasonable times.
5 Section 23 -60. Operation of horse -drawn vehicles while
6 permit suspended or revoked.
7 Any person owning or operating a horse -drawn vehicle not
8 licensed and equipped in accordance with the provisions of this
9 article, or a horse -drawn vehicle, the permit of which has been
10 suspended or revoked, who operates the same as a horse -drawn
11 vehicle, or attempts so to do, or who solicits passengers for
12 hire in the city, shall upon conviction thereof, be punished by
13 a fine of up to five hundred dollars ($500.00).
14 Section 23 -61. Horse -drawn vehicle driver's license.
15 (a) It shall be unlawful for any person to operate or
16 drive a horse -drawn vehicle in or upon any street in the City of
17 Little Rock unless and until such person has first applied and
18 obtained from the Department of Human and General Services a
19 driver's license for horse -drawn carriages.
20 (b) For the purposes of this chapter, all provisions of
21 §23 -7(e) of the Little Rock Code of ordinances regarding the
22 application, issuance, expiration, fees, alterations, and
23 suspension or revocation of taxicab driver licenses are hereby
24 incorporated and made applicable for driver's licenses of
25 horse -drawn vehicles.
26 Section 23 -62. Identification badge.
27 Every licensed horse -drawn vehicle driver shall be
28 provided at his own or the horse -drawn vehicle company's expense
29 with a driver's license identification badge two and one -half (2
30 1/2) inches in diameter with space for the insertion of the
31 photograph of the driver and the number of the driver's license.
32 The driver shall have his photograph inserted in the badge at
33 all times. It shall be unlawful for any person to drive a
34 horse -drawn vehicle upon the streets of the city after the
35 identification badges are obtainable without having such
36 driver's badge permanently displayed in a conspicuous place. In
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the event of the loss or destruction of the badge, he shall
immediately provide himself with another driver's badge, at his
own or the horse -drawn vehicle company's expense. Every
horse -drawn vehicle driver shall provide a photograph of himself
not less than two and one -half (2 1/2) inches by two and
three - fourth (2 3/4) inches.
Section 23 -63. Records to be kept by the Department of
Human and General Services.
There shall be kept by the Department of Human and
General Services a complete record of each driver's license
issued and of all renewals, suspensions, and revocations
thereof. Such records shall be kept on file with the original
application for such license.
Section 23 -64. Driving without or with license suspended
or revoked.
Any person not having been duly licensed as a horse -drawn
vehicle driver, or a person whose license as such driver has
been revoked, or any person whose license has been suspended, or
any person who has had his state driver's license suspended or
revoked (even if he has a restricted driver permit), and who,
during the time of such suspension or revocation drives a
horse -drawn vehicle upon the streets, shall upon conviction
thereof, be punished with a fine of up to five hundred dollars
($500.00).
PASSED: June 21, 1988
ATTEST:
CIT CLERK JANV CZECH
APPROV D,AS TO F RM:
- 1A.1, MARK STODOLA, CITY ATTORNEY
APPROVED:
Y R LOTTIE SHA KELFORD