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ORDINANCE NO. 18.192 `� u
AN ORDINANCE TO PERMIT HORSE DRAWN
CARRIAGES WITHIN THE CITY; TO AMEND THE
TRANSPORTATION CODE ACCORDINGLY; TO
DECLARE AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City passed a new transportation code to deal with various types
of vehicles for hire when it adopted Little Rock, Ark., Ordinance No. 17,616 (November
18, 1997), codified as Little Rock, Ark. Rev. Code §§ 34 -1 to -71 (1988), and
WHEREAS, this code refers to specialty types of transportation, but does not set
forth clear guidelines for amusement rides such as horse -drawn carriages, and
WHEREAS, it has been determined that regularly available horse -drawn carriage
rides in the downtown area particularly, and in other areas of the City, would enhance
tourism, promote the downtown, and be beneficial to the City, and
WHEREAS, the City needs to set forth criteria for dealing with this new form of
regulated transportation, and
WHEREAS, this ordinance deals with safety and transportation regulations and is
not intended to bind any court or any fact finder to conclude that mere compliance with
the City's ordinances and regulations for horse drawn carriages is to be an absolute
defense in any local, state or federal prosecution for cruelty to animals, or for violation
of any traffic or other safety regulations,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. The City transportation code shall be amended to add this ordinance
which shall be known as the Horse -Drawn Vehicles Code.
Section 2. Definitions. The following words and phrases, when used in this
chapter, shall have the following meanings:
(Rm 1- 20-00)
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I A. "Certificate holder" means any person holding one or more certificates of . 4
2 convenience and necessity issued by the Board of Directors for the operation of
3 horse -drawn vehicles.
4 B. "Director" means the Director of the Parks Department, or his designee.
s C. "For hire" means the provision of services, or the offering of the
e services, of a horse -drawn vehicle for the payment of money or other
7 consideration.
s D. "Horse -drawn vehicle" means a wagon, coach or other vehicle which is
9 powered in whole or in part by one or more equine animals, but does not include
to such a vehicle
11 that is used only as part of a properly permitted parade.
12 E. "Person" means any person, firm, corporation, partnership, entity, or
13 association of persons of any kind.
14 Section 3. Application for certificate of convenience and necessity Requirements.
15 Unless otherwise authorized by the Board of Directors, there shall only be three
16 (3) certificates of convenience and necessity granted for the operation of horse -drawn
17 carriages in the City. An application for a certificate of convenience and necessity shall
18 be addressed to the Director. This application shall be in writing, verified by the affidavit
19 of the applicant, or if the applicant is a corporation, partnership, entity, or association
20 of persons of any kind, by its duly authorized officer or agent, and shall provide the
21 following facts and any other information required by regulations promulgated by the
22 Director:
23 (A) The full name and address of
24 (1) the applicant if the applicant is an individual
25 (2) each partner is the applicant is a partnership;
26 (3) each officer and director if the applicant is a corporation,
27 entity, or association of persons of any kind.
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1 (B) What, if any, previous experience the individual applicant, or if the
2 applicant is a partnership, the partners, or if the applicant is a
3 corporation or other association of persons, the officer and directors
4 have had in horse -drawn vehicle operations;
s (C) The number of such vehicles the applicant desires to operate;
6 (D) The passenger capacity of each vehicle;
7 (E) The insurance to be carried, the amount of the insurance and the name
g and address of the company issuing the policy.
9 Section 4. Issuance of a Certificate of Convenience and Necessity.
10 (A) The Director may issue any or all of the three certificates of convenience
11 or necessity authorized by this ordinance if it is determined that the application is in
12 compliance with the terms and conditions set forth in Section 3, as long as once a year
13 the Director submits a resolution for Board approval that ratifies the issuance or renewal
14 of the certificate. If the certificate is issued prior to the adoption of such a resolution,
15 the applicant may operate at its own peril if it is otherwise in compliance with all terms
16 and conditions of this Ordinance and the attached rules and regulations, as long as the
17 applicant agrees immediately to cease operations should the Board of Directors fail to
18 ratify the issuance, or the renewal, of a certificate of convenience and necessity.
19 (B) If the Director denies an application for a certificate of convenience and
20 necessity, the applicant may appeal to the Board of Directors by filing an appeal with
21 the City Clerk no later than three (3) days after receipt of notice from the Director that
22 the application has been denied. The Board shall hold a public hearing on whether to
23 grant the certificate, and shall determine whether the applicant has met all of the criteria
24 set forth in this ordinance. Notice of the public hearing shall be provided to the
25 applicant at least three (3) business days before the hearing, and shall be noted on the
26 agenda for the Board meeting at which it is scheduled. The time and place of the
27 hearing, and the manner by which it shall be conducted, shall be determined by the
[Page 3 of 211
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1 Board of Directors. The Board may deny the application for a certificate of convenience
2 and necessity if it determines that:
3 (1) The applicant is not in compliance with the terms and conditions of
4 this ordinance;
5 (2) The applicant has failed to comply with the terms and conditions of
6 similar ordinances, rules or regulations in other cities;
7 (3) The applicant has ever been convicted of any federal, state, or local law
s or regulation designed to prevent cruelty to animals, even if such
9 conviction has been expunged because of the successful completion of
10 a period of probation; or,
11 (4) The applicant has ever failed to fulfill any financial obligations
12 associated with the operation of a horse -drawn carriage attraction, the
13 care of the horses, the payment of license or inspection fees, or the
14 payment of legitimate claims against the applicant arising out of the
15 operation of a horse drawn carriage
16 (5) The Board determines that at the time of the application, an additional
17 certificate of convenience and necessity would not be in the best
18 interests of the city.
19 Section 5. Procedure to Increase the Number of Certificates.
20 (A) Only the Board of Directors has the authority to increase the number of
21 certificates and convenience and necessity authorized by this ordinance. Upon an
22 application for such an increase, the Board shall first direct the City Manager, after
23 consultation with the Director, to determine if a need exists for additional certificates.
24 If the City Manager concludes that an increase in certificates is appropriate, the Board
25 shall be provided with a report to that effect which sets forth the Manager's findings. If
2e the Board agrees that additional certificates are appropriate, then it shall schedule a
27 public hearing to discuss the issue. The time, place and manner of the hearing, and the
28 manner in which the hearing is conducted, shall be determined by the Board of
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1 Directors, provided the hearing must have been advertised at least once in a daily
2 newspaper no less than seven (7) nor more than fourteen (14) days prior to the date set
3 for the hearing.
4 (B) If the City Manager concludes that an increase in certificates is not
5 appropriate, the Board shall be provided with a report to that effect which sets forth the
e basis for the Manager's conclusions. This report shall be made during a regular meeting
7 of the Board of Directors and notice that the report is being presented shall be advertised
g at least once in a daily newspaper no less than seven (7) nor more than fourteen (14)
v days prior to the presentation of the report. Copies of the report shall be available to the
10 public no less than two (2) business days prior to the hearing. After receiving the report,
11 the Board shall permit time for interested parties to comment upon the Manager's
12 conclusions. If the Board, after receiving the report and any comments, decides to
13 consider the issuance of additional certificates, then it shall set an additional public
14 hearing, to be held during a regular meeting of the Board of Directors, to discuss the
15 following issues:
16 (1) Whether the demands of the public require the proposed or additional
17 horse -drawn vehicle service within the City, or in any particular part of the
1s City.
19 (2) Whether the existing service is sufficient to properly meet the demands and
20 needs of the public;
21 (3) Whether any identified applicant for an additional certificate is financially
22 responsible;
23 (4) Whether increased traffic congestion on the streets will result by the
24 increase of additional certificates, or whether the safe use of the streets by
25 the public, both vehicular and pedestrian, will be preserved by the grant of
26 any additional certificate;
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1 (5) Whether any other factor, deemed relevant by the Board of Directors,
2 suggests that the issuance of, or refusal to issue, additional certificates is
3 advisable or necessary.
a Section 6. License Fees and Requirement to Display License.
s The annual license fee for a certificate of convenience and necessity is thirty dollars
6 ($30.00) for each vehicle. This license and attachments shall be in the possession of the
7 operator of the horse -drawn vehicle at all times when the vehicle is on a public right-of-
8 way. If any license is issued after the first day of June in any license year, the applicant
v shall pay a license fee of one -half (' /2).of the above mentioned sum for the remainder of
10 the license year. This license fee shall be due and payable on the first day of January of
11 each year, and shall expire one (1) year thereafter, but the license shall be renewed from
12 year to year, upon the payment of the required fee.
13 Section 7. Discontinuance of service— Transfer of certificates.
14 (A) Any person licensed to operate horse -drawn vehicles who intends to
15 discontinue the use of any or all vehicles with a certificate of convenience and necessity
16 shall immediately file with the Director a statement, verified by affidavit, of the number
17 of vehicles to cease operation, and the reasons for such action. The failure to file this
18 statement within one (1) business day from the day use of the horse -drawn vehicle is
19 discontinued shall lead to suspension of any other permits issued to the Certificate
20 holder. The withdrawal of any vehicle from operation, for the purpose of conditioning,
21 overhauling or repairing shall not be considered discontinuing operation under this
22 section. If proper notice is given that use of a particular horse -drawn vehicle will be
23 discontinued, and if a substitute vehicle complies with the provisions of this Ordinance,
24 then the Director shall transfer the certificate of convenience and necessity to the new
25 vehicle.
26 (B) No holder of a certificate of convenience and necessity may sell, assign, lease
27 or otherwise transfer the rights and privileges granted thereunder to any other person
28 without first having been granted written permission to do so by the Board of Directors.
[Page 6 of 211
56
• •
1 Section 8. Revocation or suspension of certificate of convenience and necessity and
2 licenses.
3 (A) Any certificate of convenience and necessity and horse -drawn vehicle licenses
A which have been issued to any person may be suspended by the Director upon a
s reasonable belief that there is good cause for such a suspension, and may be revoked
6 after a public hearing on the issue has been held. Except for suspension because of
7 issues of public safety, any revocation shall be effective upon the expiration of three (3)
s days after the mailing of such notice to the Certificate holder. For revocations based
9 upon public safety violations, the revocation shall be effective immediately upon such
to a finding by the Director, provided written notice is promptly mailed to the Certificate
II holder. In addition to public safety concerns, and the other reasons set forth in this
12 ordinance, the Director may revoke a certificate of convenience and necessity if the
13 Certificate holder has failed, or shall fail, to file with the Secretary of State any report
14 required by Arkansas law.
Is (B) Any person whose certificate of convenience and necessity or horse -drawn
16 vehicle license has been revoked by the Director may appeal such revocation to the
17 Board of Directors by giving notice in writing to the Director within ten (10) days of the
18 date of mailing of such notice to the Certificate holder as set out above, provided that
19 the certificate holder shall not be permitted to operate during the pendency of an appeal
20 if the revocation is based upon a public safety violation.
21 (C) Notice of suspension shall be sent by registered mail, return receipt
22 requested, to the listed office of the Certificate holder. A copy of the suspension shall
23 be provided to the Chief of Police, and shall be publicly posted at the office of the
24 Director. In addition, the Director shall attempt to contact the Certificate holder by
25 telephone, or telefacsimile, on the date the suspension is issued.
26 Section 9. Safety and health.
27 (A) All carriages shall display the international sign for slow - moving vehicles
28 on the rear of such vehicle.
[Page 7 of 211
57
I (B) All restrictions and requirements for motorized vehicles contained in city
2 ordinances and state statutes shall apply to horse -drawn vehicles except those which by
3 the nature of horse -drawn vehicles, could have no application.
4 (C) No horse drawn vehicle shall operate during non - holiday weekday rush
s hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
6 (D) No child under the age of twelve (12) years old may ride in a horse -drawn
7 vehicle unless there is also in that vehicle a supervising adult (a person at least eighteen
s years of age who has charge of the child or children). The supervising adult is
9 responsible for maintaining control over the child at all times; failure to do so will be
10 grounds for the operator of the vehicle to stop the vehicle at the nearest safe place and
11 require the adult and all children accompanying that person to leave the vehicle.
12 (E) Each certificate holder is required to have and maintain an office within
13 Pulaski County to which can be directed any reports of lost articles, complaints,
14 inquiries, and related matters, and shall maintain a listing in such business directories
is as are commonly available to the public.
16 Section 10. Insurance required-Accident/Incident report.
17 (A) Every applicant for a license to operate a horse -drawn vehicle, whether the
Is vehicle is to be operated by the owner or some other person, in addition to the other
19 requirements of this chapter shall maintain and file with the Director for each vehicle
20 to be operated a policy of Commercial General Liability insurance which meets the
21 requirements of this chapter and any applicable regulations promulgated by the Director.
22 (B) Insurance required by this part shall be carried in a firm which has been
23 duly licensed or permitted to do an insurance business in the State, and shall be kept and
24 maintained continually in force and effect so long as the applicant shall be licensed to
25 operate vehicles on the streets of the City.
26 (C) Insurance as required herein shall be a policy of liability insurance in the
27 sum of Three Hundred Thousand Dollars ($300,000.00) because of bodily injury per
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1 person in any one accident, with an aggregate of Six Hundred Thousand Dollars
2 ($600,000.00) per incident.
3 (D) There shall be attached to all liability insurance policies issued pursuant to
4 the requirements of this part, the following endorsement, or its equivalent:
s "In consideration of the premium stated in the policy to which this endorsement
b is attached, the company hereby waives a description of the vehicles to be insured
7 hereunder and agrees to pay any final judgment for personal injury, including
g death, resulting therefrom, or damage to property, caused by any and all vehicles
9 or equine animals operated by the assured pursuant to the horse -drawn vehicle
10 license issued by the City of Little Rock, within the limits set forth in the schedule
I shown hereon, and further agrees that upon its failure to pay any such final
12 judgment, the judgment creditor may maintain an action in any courts of
13 competent jurisdiction to compel such payment. Nothing contained in the policy
14 or any endorsement thereon, nor the violation of any of the provisions thereof by
15 the assured, shall relieve the company from liability hereunder or from the
16 payment of such judgment. The policy to which this endorsement is attached
17 shall not expire, nor shall cancellation take effect until after ten days' notice in
1g writing by the company shall have been given to the Director of the Parks
19 Department in the City of Little Rock at its office in City Hall, said ten days
20 notice to commence to run from the date notice is actually received at the office
21 of the Director. Attached to and forming a party of policy number , issued
22 by Company to ."
23 (E) The certificate holder, on or before the fifth day of each month, shall file
24 with the Director a report showing the number of accidents or incidents, if any, in the
25 preceding month, in which any horse -drawn vehicle or equine animal owned and /or
26 operated by him was involved, the nature of the damage, if any, to person or property
27 resulting therefrom, the name and address of all persons who have outstanding claims
28 because of any horse -drawn vehicle accident, or because of any incident in which a
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1 person was kicked, bitten, or stepped on by the equine animal in such a manner as to
2 cause injury to the person, and whether any claims were settled during the preceding
s month.
4 (F) The failure to file the required report within the time provided for, or the
s filing or causing or intentionally permitting the filing or causing the filing of a false
e report, shall be a violation of this ordinance and shall also be grounds for suspension
7 and revocation of the Certificate holder's certificate of convenience and necessity.
8 (G) If any policy of insurance covering any or all of the vehicles, authorized to
v be operated under a certificate of convenience and necessity expires, and the operator
10 fails to replace it immediately with another policy of insurance fully complying with the
11 provisions of this chapter, the certificate of convenience and necessity and the licenses
12 issued thereunder shall be ipso facto suspended. The certificate of convenience and
13 necessity may be reinstated by the Board of Directors upon application, with or without
14 a hearing, upon compliance in full with all the provisions of this chapter. If the Board
15 of Directors reinstates the certificate of convenience and necessity, the Director, upon
16 notice from the Board, shall reinstate the license.
17 (IT) It shall be unlawful for any person to operate or cause to be operated any
18 horse -drawn vehicle for hire upon any public street in the City unless the required policy
19 of insurance for the vehicle shall have been filed with the Director, and shall be in full
20 force and effect.
21 (I) In the event of any final judgment against the owner or operator of any
22 horse -drawn vehicle for injury to or death of, any person, or damage to property from
23 the negligence of the owner or operator or for any reason regardless of fault, remaining
24 unsatisfied for a period of thirty days, the Board of Directors, upon complaint of the
25 owner of the judgment, or of any other person shall forthwith revoke the certificate of
26 convenience and necessity and all vehicle licenses of the owner or operator.
27
28
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1 Section 11. Stops and stands.
2 (A) The Director, with the approval of the Director of the Public Works
3 Department, Parking Division, if in the public right -of -way, is authorized and
a empowered to establish designated stops and stands for horse -drawn vehicles, and to
s issue permits for such stands.
6 (B) For the purpose of taking on and discharging passengers, a horse -drawn
7 vehicle shall stop at the far comer of all intersections, and while so stopped shall keep
s as close to the right -hand curb as practicable, and shall take on and discharge passengers
9 as quickly as possible, so as not to unreasonably interfere with traffic.
10 Section 12. Teasing or harassment of equine animals prohibited.
11 It shall be unlawful for any person to tease, torment, or otherwise harass any equine
12 animal being used as a draft animal under the terms of this ordinance. Prohibited
13 activity shall include, but not be limited to, striking, kicking, or throwing objects of any
14 type at the animal, or taking any action with the purpose of spooking, stampeding or
]s startling the animal.
16 Section 13. Special Provisions for Specialty Horse -Drawn Vehicles.
17 (A) A certificate of convenience and necessity is not required for a horse -drawn
18 carriage that is used only for specialty rides. A specialty ride is a ride that occurs on a
19 special occasion, such as a wedding, and the operator of the vehicle does not operate
20 more than four times a week in any given week. Notwithstanding the fact a certificate
21 is not required, a horse -drawn vehicle operator who provides specialty rides shall:
22 (1) Comply with all other provisions of this ordinance, including but not
23 limited to insurance requirements, and the applicable rules and
24 regulations for horse -drawn vehicles;
25 (2) Be accompanied by a following vehicle that protects the horse -drawn
26 vehicle from traffic;
27 (3) Obtain a City business license for this service; and
[Page 11 of 211
1 (4) Agree immediately to cease operations if the Director, upon 6 c;
2 reasonable belief, notifies the operator that the right to operate on the
s streets of the City has been suspended because of a violation of the
4 applicable regulations approved by this ordinance.
s (B) If a person operating under this section is notified by the Director to cease
6 operations, and the person wishes to appeal that decision, the procedure set forth in
7 Section 8.
s Section 14. Initial Rules and Regulations,
v (A) The initial set of regulations shall be according to the attachment to this
to Ordinance. Nothing in the inclusion of these initial regulations prohibits the Director
11 from amending, deleting, or adopting additional regulations as set forth in this
12 ordinance, provided that before the end of any year in which such changes have been
13 made, the Board of Directors shall, by ordinance, incorporate these changes as a part
14 of this Code.
15 (B) The initial rules and regulations are as follows:
16 CITY OF LITTLE ROCK
17 DEPARTMENT OF PARKS AND RECREATION
18 REGULATIONS FOR HORSE -DRAWN CARRIAGES
19 SECTION 1. GENERAL.
20 The Director of the Department of Parks and Recreation promulgates these
21 regulations under the authority granted in Little Rock, Ark., Ordinance No.
22 18,192 (January 11, 2000), as amended. The purpose of these rules and
23 regulations are to aid in the implementation, interpretation and enforcement of
24 the Ordinance to Permit Operation of Horse -Drawn Carriages in Little Rock.
25 SECTION 2. DEFINITIONS.
26 The following words and phrases, when used in this chapter, shall have the
27 following meanings:
[Page 12 of 211
I A. "Certificate holder" means any person holding one or more certificates
2 of convenience and necessity issued by the Board of Directors for the
3 operation of horse -drawn vehicles.
a B. "Director" means the Director of the Parks Department, or his
s designee.
6 C. "For hire" means the provision of services, or the offering of the
7 services, of a horse -drawn vehicle for the payment of money or other
a consideration.
9 D. "Horse -drawn vehicle" means a wagon, coach or other vehicles,
10 which are powered in whole or in part by one or more equine
n animals, but does not include such a vehicle that is used only as
12 part of a property permitted parade.
13 E. "Leather Diaper" means a manure bag, often made of synthetic leather,
14 that is attached to the shafts on one end and to the breeching on the
15 horse harness on the other end. Most of weight of the diaper is borne
16 by the shafts rather than the horse.
17 F. "Person" means any person, firm, corporation, partnership or
18 association of persons of any kind.
19 SECTION 3. APPLICABILITY.
20 These regulations shall apply to horse -drawn vehicles for hire in the City of
21 Little Rock.
22 SECTION 4. APPLICATION FOR CERTIFICATE OF CONVENIENCE
23 AND NECESSITY.
24 An application for a certificate of convenience and necessity shall be
25 addressed to the Director. This application shall be in writing, verified by the
26 affidavit of the applicant, or if the applicant be a corporation, partnership or
27 association of persons of any kind by its duly authorized officer or agent, and
29 shall state the following facts;
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0
I A. The full name and address of:
2 (1) the applicant, if the applicant is an individual;
3 (2) each partner, if the applicant is a partnership; or
4 (3) each officer and director, if the applicant is a corporation,
5 entity or association of persons of any kind.
6 B. What, if any, previous experience the individual applicant, or if the
7 applicant is a partnership, the partners therein have had, or if the
s applicant is a corporation or other association of persons, the officer
9 and directors have had in horse -drawn vehicle operations;
10 C. The number of such vehicles the applicant desires to operate;
11 D. The passenger capacity of each vehicle;
12 E. The amount of insurance to be carried and the company issuing the
13 policy.
14 F. A full color photograph of the horse and carriage.
15 SECTION 5. SAFETY AND HEALTH.
16 A. All animals used to draw vehicles for hire in the City of Little Rock
17 shall be made available for examination by a veterinarian
Is experienced in the treatment of horses and mules upon reasonable
19 demand by the Director. Failure to allow such examination shall
20 be grounds for suspension of the operating permit issued hereunder.
21 B. Horse -drawn vehicles shall not operate during the non - holiday
22 weekday rush hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00
23 p.m. except upon approval of the Board of Directors. Horse -drawn
24 vehicles shall not operate in the River Market Area of downtown on
25 July 4th, December 31 st, or upon specific days as indicated to
26 certificate holders by the Director.
27 C. , Each certificate holder is required to have and maintain an office to
28 which can be directed any reports of lost articles, complaints,
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1 inquiries, and related matters, and shall maintain a listing in all
2 such business directories as are commonly available to the public.
s D. Each certificate holder shall maintain an emergency telephone
a number where the owner or manager may be contacted in case of
5 an emergency.
e E. The holder of the certificate of convenience and necessity shall have
7 a veterinarian readily available to assist and come to the aid of any
s injured horse or mule.
9 F. No equine animal teams shall be used in the downtown area for
to normal rides for hire.
11 G. Each certificate holder shall maintain records of the date and hours
12 worked by each equine animal.
13 H. No equine animal shall work at a pace faster than a walk; a slow
14 trot will be allowed on inclines.
1s SECTION 6. HORSE -DRAWN VEHICLES - MANDATORY EQUIPMENT.
16 A. Each horse -drawn vehicle shall be equipped with electric turn (or
17 emergency flashing lights), tail lights and front lights, which are
18 visible for a distance of 500 feet.
19 B. Each horse -drawn vehicle shall have brakes.
20 C. Each horse -drawn vehicle shall be equipped with the international
21 sign for slow moving vehicles attached to the rear of the vehicle.
22 D. Each harness shall be equipped with a leather diaper.
23 E. Each operator of a horse -drawn vehicle shall ensure that any feces
24 or urine deposited on the public right -of -way or any private property
25 within the City is cleaned up immediately after such deposit or as
2e soon thereafter as is reasonable.
27 F. No horse -drawn vehicle may carry more passengers than was
28 originally intended. No horse -drawn vehicle shall exceed three
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i •
1 times the animal's weight, including the weight of the vehicle and
2 all passengers.
3 SECTION 7. HORSE -DRAWN VEHICLE STANDS.
4 A. The certificate holder shall keep their horse -drawn vehicle stand
s clean, free of manure and urine at all times. Urine should be diluted
6 with water or water with disinfectant as it occurs.
7 B. Water for the equine animals shall be maintained in full view and
8 all times.
9 C. Stands should have a sign posting the hours of operation whenever
10 possible.
11 D. For the purpose of taking on and discharging passengers, a horse -
12 drawn vehicle shall stop at the far corner of all intersections, and
13 while so stopped shall keep as close to the right -hand curb as
14 practicable, and shall take on and discharge passengers as quickly
15 as possible, so as not to unreasonably interfere with traffic.
16 SECTION 8. CARE AND SHELTER OF EQUINE ANIMALS.
17 A. Equine animals should be wormed regularly, vaccinated for
18 Tetanus, Eastern/Western sleeping sickness and have a negative
19 Goggins test on file with the certificate holder on an annual basis.
20 B. No equine animal may be used to draw horse -drawn vehicle unless
21 the animal is in good health and the following requirements are
22 met:
23 (1) The equine animal may not have any open sores or wounds, nor
24 may such equine animal be lame or have any other ailments,
25 unless the driver has in the driver's possessions a written
26 statement by a veterinarian that the equine animal is fit for such
27 work, notwithstanding such condition.
[Page 16 of 211
(Page 17 of 211
0
C;
1
(2)
The hoofs of equine animal must be properly shod. Borium
2
tipped, hardtack, rubber shoes or rubber pads should be utilized
3
to help prevent slipping.
4
C.
A veterinarian knowledgeable in the treatment of equine animals
5
shall examine and shall certify the fitness of the equine animal to
e
perform such work prior to its use to draw a horse -drawn vehicle.
7
After the initial examination, the certificate holder will be required
s
to provide the results of annual veterinary examinations to the
9
Director. The equine animal shall be examined for its general
to
physical condition, which is to include inspection of teeth, legs,
II
hooves and shoes, cardiovascular exam and for its physical ability
12
to perform the work or duties required of it. The exam shall also
13
include a record of any injury, disease, or deficiency observed by the
14
vet at that time, together with any prescription or humane
15
correction of the same. A health certificate signed by the examining
16
vet shall be kept by the certificate holder and contain the name, age
17
and condition of the equine animal.
18
D.
Equine animals used to pull horse -drawn vehicles shall have water
19
made available to them during their work period.
20
E.
No equine animal shall work more than eight (8) consecutive hours
21
on pavement for more than five (5) consecutive days. Following
22
each sixty (60) minutes of continuous work the animal shall have
23
a fifteen (15) minute rest period.
24
F.
No animal shall be subject to cruel or harassing treatment.
25
G.
An equine animal shall not be sold or disposed of except in a
2e
humane manner.
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I H. If a horse exhibits signs of a treatable condition making him unfit
2 for work, he shall be placed on rest until the operator can produce
3 such certificates from an approved veterinarian and farrier.
a SECTION 9. HARNESSES.
5 A. No animal will be worked with a harness or bit that is not safe and
6 humane.
7 B. Harnesses, bridles, bits and padding must be properly fitted and
8 kept in clean and good repair at all times. The harness shall be kept
9 free of makeshifts like wire, rope, and rusty chain.
10 SECTION 10. WEATHER CONDITIONS.
11 A. Owners and drivers shall use caution when working equine animals
12 in adverse weather conditions such as snow, ice, heavy rain or other
13 slippery conditions.
14 B. Horse -drawn vehicles shall not operate when temperature exceeds
Is 93' F, nor in temperature below 32' F. Equine animals shall not be
16 worked when the combined total of temperature (in °F) and
17 humidity (in percent) less wind speed (in m.p.h.) is above 150, only
18 when the temperature is above 80° F.
19 C. During winter months, equine animals stationed outdoors while
20 awaiting passengers shall be covered with a blanket when the
21 temperature is below 36° F. All blankets shall be kept clean at all
22 times.
23 SECTION 11. FEEDING AND CARE.
24 A. Equine animals must receive adequate and substantial feeding daily,
25 which is free from contamination. The feed should be sufficient
26 quantity, nutritive value, and frequency to meet normal daily
27 requirements for the condition and size of animal so as to maintain
28 a healthy flesh. Each stall must contain a clean block of salt at all
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times. Electrolytes will be added as a daily supplement when the
temperature is above 75' F.
B. Clean drinking water must be in the stalls and available to the
equine animal at all times.
C. Box stalls shall be large enough for equine animals to lie down and
turn around. The minimum size shall be no less than 12 x 12 feet
for draft horses; no tie stalls shall be allowed.
D. The operator must make available, upon request by the Director,
the premises used to house the horses under the certificate.
SECTION 12. DRIVER QUALIFICATIONS AND CONDUCT.
A. Each driver must be at least 18 years of age.
B. No commercial driver's license is required, but a valid driver's
license in the driver's possession is required during the operation of
a horse -drawn vehicle.
C. The driver shall obey all traffic laws and regulations of the city and
state.
D. No driver shall operate a horse -drawn vehicle while under the
influence of alcohol or narcotic drugs.
E. No person may drink alcohol while such persons operating a horse -
drawn vehicle.
F. The driver of each horse -drawn vehicle during travel from one -half
hour after sunset and one -half hour before sunrise, and at all times
as conditions for poor visibility exist, shall cause the front and tail
lights of the horse -drawn vehicle to be in operation.
G. No driver shall permit more passengers in a horse -drawn vehicle
than it has been designed for.
H. No person shall be permitted to stand or ride on any part of the
horse -drawn vehicle while in motion, except seated inside the horse-
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1 drawn vehicle. Drivers shall take all necessary precaution to
2 prohibit such activity. All passengers must be seated except when
3 loading or unloading.
4 I. The driver shall at all times be responsible for the proper and
s humane care and treatment of the equine animal under his or her
6 direct supervision and control.
7 J. Drivers should be in the driver's seat and have driving lines in hand
8 before loading or unloading passengers.
v Section 15. Penaltyfor violation. In addition to the possible suspension or
10 revocation of a certificate of convenience and necessity, any person who violates or fails
11 to comply with, or who permits or causes any person in his or its employ to violate or
12 fail to comply with any of the provisions of this part, shall be deemed guilty of a
13 misdemeanor, and upon conviction thereof, shall be fined in accordance with Section
14 1 -9 of this Code.
is Section 16. Repealer. All laws, ordinances and regulations inconsistent with the
16 provisions of this ordinance are hereby repealed to the extent of such inconsistency.
17 Section 17. Severability. In the event any title, subtitle, section, subsection,
18 subdivision, paragraph, subparagraph, item, sentence, clause, phrase or word of this
19 ordinance is declared or adjudged to be unconstitutional, such declaration or
20 adjudication shall not affect the remaining portions of this ordinance which shall remain
21 in full force and effect as if the portion so declared or adjudged invalid or
22 unconstitutional was not originally a part of this ordinance.
23 Section 18. Emergency Clause. The Board of Directors understands that there is a
24 desire to provide horse -drawn vehicles as an entertainment and transportation service
25 within the City, but that the current transportation code does not adequately address this
26 form of transportation. It is specifically found that, with the exception of horse -drawn
27 vehicles traveling non -stop through the City limits, it is essential to the public health,
28 safety and welfare to have regulations in place which provide a method to regulate and
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monitor horse -drawn vehicles to provide for the safety and well -being of the general
public as well as the equine animals. An emergency is, therefore, declared to exist and
this ordinance shall be in full force and effect from and after the date of its passage.
PASSED: January 11, 2000
ATTEST: APPROVED:
Robbie Hancock, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Vity Attorney
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Jim ailey, Mayor
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