[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.]
STATUTORY REFERENCES
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.
A.
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.
B.
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.
C.
The Chief shall, from time to time, set operating
times that are most acceptable in terms of public health and safety.
D.
The Chief or his or her designee shall cause the enforcement
of this section.
E.
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.
A.
Application for a horse-drawn carriage license hereunder
shall be made upon such forms as are supplied by the office of the
Clerk/Treasurer.
B.
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.
C.
All license applications required under this chapter
must be accompanied by a license fee prescribed by the Clerk/Treasurer.
D.
All horse-drawn carriage licenses expire at 12:00
midnight February 28 of each year.
E.
Application for renewal may be made 30 days prior
to the date of expiration.
F.
A license issued under this chapter is personal in
nature and may not be transferred or assigned.
A.
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.
B.
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.
C.
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.
D.
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.
A.
For purposes of this section, a day is defined as
Monday through Friday, excluding holidays.
B.
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.
C.
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:
A.
Is fitted with a device to catch all manure or solid
waste, except when inside the transport vehicle.
B.
Is attended at all times, including when loading and
discharging passengers.
C.
Has received a valid certificate of health or a veterinarian
certificate, which shall be filed with the Clerk/Treasurer annually.
D.
Is not subject to any cruel or harassing treatment.
E.
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:
A.
Display adequate four-way flashers, taillights and
turn signals as approved by the Chief of Police.
B.
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.
C.
Display, visible to the side at night, a light and/or
reflectors as determined by the Chief.
D.
Be equipped with seats for the operator and all passengers.
E.
Seat not more than six occupants, not to include the
operator.
F.
Maintain a rubber surface on the wheel traction surface.
G.
Not be wider than eight feet, to include fenders,
running boards and safety mirrors and devices.
The operator of the horse-drawn carriage shall:
A.
Be subject to all state and City traffic laws applicable
to motor vehicles.
B.
Possess a valid state driver's license.
C.
Require all passengers to be seated except when boarding
or discharging.
D.
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.
E.
Flush all liquid waste from the horse immediately
with water and spray with the appropriate chemical to eliminate all
noxious odors and bacteria.
F.
Not be required to give a person or persons a ride
in the carriage on demand of said person.
G.
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.
H.
Be in control of the horse at all times.
I.
Make available to any person, upon request, the rates
for all tours and trips offered by the service.
A.
The rates for each operator of all tours and trips
must be available to any person requesting service from a horse-drawn
carriage.
B.
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.
