[HISTORY: Adopted by the Common Council of the City of North
Tonawanda 4-17-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicle and traffic — See Ch. 96.
In keeping with the commitment of the North Tonawanda City Council
to enhance tourism in our canal corridor and to provide quality entertainment
for the residents and visitors to our City, while simultaneously considering
the pertinent health and safety factors, operation of horse-drawn
carriages shall be allowed within the City of North Tonawanda as provided
herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A vehicle for transporting an operator and passenger(s).
Shall include and be bordered by the following areas:
From the corner of Sweeney and Manhattan Streets, north to Goundry
Street, west until Main Street; north on Main Street to Thompson Street;
Thompson Street west to Payne Avenue; Payne Avenue south to Christiana
Street; Christiana Street east to Niagara Street; Niagara Street south
to Sweeney Street.
Oliver Street, north to Wheatfield Street and Thompson Street,
west to allow passage to all of Tonawanda Island.
Bridges to the City of Tonawanda falling within the above area.
Propulsion by a horse that is controlled by an operator.
The individual who is in control of the horse at all times.
The individual or firm to which the permit is issued.
Occasioned operation for specific events on a date certain.
Special events include but are not limited to weddings and parties.
No person, either as owner, agent or otherwise, shall furnish,
operate, conduct, maintain, advertise or otherwise be engaged in the
business or service of transportation by horse-drawn carriage upon
the streets, alleys or other public ways of the City unless the owner
holds either a valid Heritage Corridor permit or special event permit
issued pursuant to this chapter.
A.
Required. No person shall operate a horse-drawn carriage upon the
streets, alleys or other public ways or places within the Heritage
Corridor, unless that person holds a valid Heritage Corridor permit
for such horse-drawn carriage operation.
B.
Permit fees. All applications for said Heritage Corridor permit shall
be made to the City Clerk of the City of North Tonawanda. The fee
for said permit shall be $50 per calendar year or a fractional part
of such year for which a permit hereunder shall be issued, which fee
shall be payable to the City of North Tonawanda.
C.
Expiration. All Heritage Corridor permits shall expire at midnight
on March 31 of each year.
D.
Renewals. Heritage Corridor renewal permits may be made 30 days prior
to the date of expiration.
A.
Required. No person shall operate a horse-drawn carriage upon the
streets, alleys or other public ways or places of the City outside
the Heritage Corridor unless the person holds a valid special event
permit issued pursuant to this chapter.
B.
Permit fees. All applications for said special event permits shall
be made to the City Clerk of the City of North Tonawanda. The fee
for said permit shall be $10 per horse-drawn carriage per day for
which a permit hereunder shall be issued, which fee shall be payable
to the City of North Tonawanda.
C.
Expiration. Each special event permit shall be issued for a twenty-four-hour
period, beginning at 12:00 midnight and expiring at 11:59 p.m. on
the day of the special event.
D.
Applications. Applications for special event permits may be made
up to 30 days prior to the date for which application is made.
A.
All horse-drawn carriages shall, at all times when in use as such:
(1)
Display adequate headlights and taillights as approved by the Chief
of Police or his/her designated agent.
(2)
Display a reflectorized slow-moving vehicle emblem in conformance
with New York State Vehicle and Traffic Law § 375(36).
(3)
Display, visible to the side at night, a light and/or reflectorization
as determined by the Chief of Police or his/her designated agent.
(4)
Be equipped with seats for the operator and all passengers.
(5)
Maintain a rubber surface on the wheel traction surface.
(6)
Not be wider than eight feet, to include fenders, running boards,
and safety mirrors and devices.
(7)
Be structurally and mechanically safe.
(8)
Be equipped with working brakes.
B.
The holder of a permit shall cause a schedule of rates for all tours
and trips to be conspicuously posted on or near the carriage.
C.
Any and all signs advertising horse-drawn carriage tours and trips
shall conform to all existing codes.
A.
The horse-drawn carriage, operator and owner of the service shall
be adequately insured for the following: general liability policy
covering injury or death to persons and loss or damage to property
in the amount of $50,000 single-combined.
B.
Such insurance policies shall be submitted to the Mayor for his/her
approval prior to the issuance of each horse-drawn carriage special
event permit. Satisfactory evidence that such insurance is at all
times in full force and effect shall be submitted to the Mayor, in
such a form as he/she may specify, by all permits required to provide
such insurance under the provisions of this chapter.
C.
Every insurance policy required hereunder shall extend for the period
to be covered by the permit applied for.
Operators of horse-drawn carriages shall:
A.
Possess a valid New York State driver's license.
B.
Be subject to all state and City traffic laws applicable to motor
vehicles.
C.
Require that all passengers be seated except when boarding or discharging.
D.
Insure that the horse is fitted with a device to catch all manure
waste except when inside the transport vehicle.
E.
Flush all liquid waste from the street immediately with water and
spray with the appropriate chemical to eliminate all noxious odor
and bacteria.
F.
At no time leave the horse and carriage unattended.
A.
No horses shall be stabled within the City of North Tonawanda.
B.
The loading and unloading of horses shall be limited to the City-owned
parking lot on Manhattan Street. This is the sole location where the
horse transport vehicle shall be parked.
C.
Horses shall not be loaded or unloaded on a public right-of-way.
A.
Operating without valid permit. Operation of a horsedrawn carriage
upon the streets, alleys or other public ways without either a valid
Heritage Corridor permit or special event permit shall be deemed a
City ordinance violation and shall be punishable by a fine of up to
$1,000 or up to 15 days' imprisonment, or both such fine and
imprisonment.
B.
Suspension. A permit issued pursuant to the provisions of this chapter
may be revoked or suspended at the discretion of the Mayor or Council
of the City of North Tonawanda if the owner or operator:
(1)
Violated any provision of this chapter.
(2)
Falsified any information on the horse-drawn carriage application.
(3)
Failed to notify the Mayor of any material change in the information
provided on the application.
(4)
Violated any ordinance of the City of North Tonawanda or the laws
of the State of New York.
(5)
Conducted himself/herself in a manner indicating he/she is not a
fit and proper person to hold such a permit.
(6)
Cancels or has a lapse in insurance coverage as required by this
chapter.
C.
Revocation. In the event a permit is suspended on three separate
occasions, such permit is deemed revoked.
D.
Suspension/revocation procedure.
(1)
Prior to suspension or revocation, the permit holder shall be given
written notice of the proposed action to be taken and have an opportunity
to be heard before the Mayor and North Tonawanda City Council.
(2)
Once a permit is suspended, the same shall be immediately surrendered
to the City Clerk and retained until the suspension period expires.
E.
Interference with or injury to horses.
(1)
Any person who shall attempt or cause any horse used in the operation
of a horse-drawn carriage to be frightened by means of throwing any
projectile, material or substance, by creating a noise which is calculated
to frighten such horse, or who attempts or causes such horse to trip
or fall by any means shall be guilty of a City Code violation.
(2)
Such violation shall be punishable by no less than a fine of $200
and no more than a fine of $500 or up to 15 days in jail, or both
such fine and imprisonment.
