[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 5-16-1988 by Ord. No. 88-003. Amendments noted where applicable.]
General penalty — See § 1-27.
Animals — See Ch. 188.
Licensing — See Ch. 415.
Animal diseases generally — See MCLA § 287.2 et seq.
Animals — See MCLA §§ 287.2 et seq., 750.49 et seq.
Unless it is apparent from the context that a different meaning is intended, as used in this chapter:
- A vehicle for transporting an operator and passengers.
- The Chief of Police or his or her designee.
- Propelled by a horse that is controlled by an operator.
- The person who is in control of the horse.
- The person to whom a license is issued.
The Chief of Police shall make rules and regulations that he or she deems necessary to maintain safe and efficient operations of horse-drawn carriages within the City.
The Chief shall, from time to time, set carriage routes and designate areas as carriage stops. All licensees shall obey such routes and stop only at such designated areas to load and unload passengers.
The Chief shall, from time to time, set operating times that are most acceptable in terms of public health and safety.
The Chief or his or her designee shall cause the enforcement of this section.
The Chief shall authorize the issuance of a license hereunder when he or she finds that all provisions of this chapter have been satisfied as described herein.
No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise or otherwise be engaged in, or profess to be engaged in, the business or service of transportation by horse-drawn carriage upon the streets, alleys or other public ways or places of the City, unless the owner holds a currently valid license for a horse-drawn carriage issued pursuant to this chapter.
Application for a horse-drawn carriage license hereunder shall be made upon such forms as are supplied by the office of the Clerk/Treasurer.
Application for a license for a driver of a horse-drawn carriage shall be made upon such forms as are supplied by the office of the Clerk/Treasurer.
All license applications required under this chapter must be accompanied by a license fee prescribed by the Clerk/Treasurer.
All horse-drawn carriage licenses expire at 12:00 midnight February 28 of each year.
Application for renewal may be made 30 days prior to the date of expiration.
A license issued under this chapter is personal in nature and may not be transferred or assigned.
The horse-drawn carriage, the operator and the owner of the service shall be adequately insured for the following: for injury or death of individuals in accidents resulting from any cause for which the operator or owner of the horse-drawn carriage would be liable on account of liability imposed on him or her by law, in the minimum amount of $500,000, regardless of whether the horse-drawn carriage is driven by the owner or agent; and for loss or damage to the property of another, including personal property, under the circumstances, in the minimum amounts of $250,000 to $500,000 for bodily injury, and $100,000 for property damage and under such terms as may be required by the City.
Such insurance policies shall be submitted to the City Attorney for approval prior to the issuance of each horse-drawn carriage license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the City, in such form as the City may specify, by all licensees required to provide such insurance under the provisions of this section.
Every insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that by the insolvency or the bankruptcy of the insured, and that until the policy is revoked, the insurance company will not be relieved from liability on account of nonpayment of the premium, failure to renew the license at the end of the year or any act or omission of the named insured. Such policy of insurance shall be further conditioned for the payment of any judgments, up to the limits of such policy, recovered against any person other than the owner or his or her agent or employee, who may operate the same with the consent or acquiescence of the owner.
Every insurance policy required hereunder shall extend for the period to be covered by the license applied for, and the insurer shall be obliged to give not less than 30 days' written notice to the City and to the insured before any cancellation or termination of any such policy. A cancellation or termination of such policy shall automatically revoke and terminate the license issued for the horse-drawn carriages covered by such policy, unless another insurance policy complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination.
For purposes of this section, a day is defined as Monday through Friday, excluding holidays.
The Chief of Police or his or her designated agent may, and is hereby authorized to, suspend or revoke a license issued hereunder for failure of a licensee to comply and to maintain compliance with, or for his or her violation of, any applicable provision, standard or requirement of this chapter, of regulations promulgated hereunder or of any other applicable laws, ordinances or regulations. The Chief shall promptly transmit to the licensee his or her decision, in writing, by regular mail, suspending or revoking the license.
Within 21 days after receiving notice of suspension or revocation, a written request may be made by the licensee to the Mayor and Council for a hearing to appeal such suspension or revocation. The hearing date shall be set within 10 days of receipt of the written appeal. Notice of such hearing shall be given in writing by first class mail to the appellant at least three days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the licensee and shall state the time and place where such hearing shall be held. The Mayor and Council shall accept, reject or modify the suspension or revocation. The decision of the Mayor and Council shall be final and conclusive.
The operator shall be responsible for seeing that the horse:
Is fitted with a device to catch all manure or solid waste, except when inside the transport vehicle.
Is attended at all times, including when loading and discharging passengers.
Has received a valid certificate of health or a veterinarian certificate, which shall be filed with the Clerk/Treasurer annually.
Is not subject to any cruel or harassing treatment.
Shall not be used longer than six hours per day and shall be rested no less than 18 hours per day. In the event of extreme heat or inclement weather, the periods of rest must be increased.
No horse used in the business of horse-drawn carriages shall be stabled overnight within the limits of the City.
Horses shall not be loaded into or unloaded out of their transport vehicles on a public right-of-way or in a residential zone district. Appropriate locations for such loading and unloading shall be designated by the Chief of Police.
The horse-drawn carriage shall at all times:
Display adequate four-way flashers, taillights and turn signals as approved by the Chief of Police.
Display a reflectorized slow-moving vehicle emblem. The emblem shall be mounted on the rear of the vehicle, broad base down, not less than three feet nor more than five feet above the ground and as near the center of the vehicle as possible.
Display, visible to the side at night, a light and/or reflectors as determined by the Chief.
Be equipped with seats for the operator and all passengers.
Seat not more than six occupants, not to include the operator.
Maintain a rubber surface on the wheel traction surface.
Not be wider than eight feet, to include fenders, running boards and safety mirrors and devices.
The operator of the horse-drawn carriage shall:
Be subject to all state and City traffic laws applicable to motor vehicles.
Possess a valid state driver's license.
Require all passengers to be seated except when boarding or discharging.
Not operate during those days and times of day, nor operate upon those streets, public places and quasi-public places, prohibited by regulations promulgated by the Chief of Police.
Flush all liquid waste from the horse immediately with water and spray with the appropriate chemical to eliminate all noxious odors and bacteria.
Not be required to give a person or persons a ride in the carriage on demand of said person.
Not operate a vehicle when a passenger is in possession of alcoholic liquor in a container which is open or uncapped or which has a broken seal.
Be in control of the horse at all times.
Make available to any person, upon request, the rates for all tours and trips offered by the service.
The rates for each operator of all tours and trips must be available to any person requesting service from a horse-drawn carriage.
Each licensee shall display for each licensee's horse-drawn vehicle a card which shall show the schedule of the rates and charges for the transportation services furnished by the licensee, the City license number of such horse-drawn vehicle and the name and address of the licensee of such vehicle. Such card shall be posted in a conspicuous place so that it is clearly visible to all passengers. It shall be unlawful for any licensee, operator, agent, lessee or driver of any horse-drawn vehicle to charge more than the rate so posted.