[R.O. 2011 § 645.320; R.O. 2009
§ 120.65; CC 1981 § 28-77; Ord.
No. 85-17, 3-6-1985]
For the purpose of this Article,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
Any device in, upon or by which any person is or may be transported
or drawn upon a public way, designed to be or capable of being drawn
by a horse.
The portion of the curb lane designated by the Department
of Public Works for loading and unloading of passengers for horse-drawn
vehicles.
An animal of the genus equis.
A horse-drawn carriage license that is for a single event
and a duration of twenty-four (24) hours.
[Ord. No. 17-229, 11-7-2017]
A horse-drawn carriage license that is for special City-sponsored
events and is for the duration of October 1 through December 31.
[Ord. No. 17-229, 11-7-2017]
A practicing veterinarian licensed by the State.
[R.O. 2011 § 645.325; Ord. No. 18-184, 8-21-2018]
A.
No person shall drive or cause to be operated
for hire any vehicle, of whatever nature, drawn by animals for the
purpose of conducting tours or transporting passengers within the
City, except horse-drawn carriages as provided in this Article.
B.
Horse-drawn carriages shall only be operated
in the area bounded on the east by the eastern curbline of Riverside
Drive, on the north by the northern curbline of Clark Street, on the
west by the western curbline of Main Street, and on the south by a
line parallel to the southern curbline of James Mackay Drive west
to the western curbline of South Main Street.
[R.O. 2011 § 645.330; R.O. 2009
§ 120.66; CC 1981 § 28-78; Ord.
No. 85-17, 3-6-1985]
A.
Any horse used for the purpose of drawing
a carriage licensed under this Article must first be licensed as follows:
1.
The annual license for each horse
licensed under this Article shall be issued at no charge. Each horse
license issued under this Article shall expire on March 31 following
the date of issuance.
2.
Each horse licensed shall be photographed
or otherwise clearly identified by an identification number tattooed
in a conspicuous place.
3.
Any Animal Control Officer or other
person designated by the City has the power to demand proof of the
issuance of a license any time that the horse is being used to draw
a carriage licensed under this Article any place within the City.
4.
Every licensee and the licensee's
agents shall at all times allow complete access to any horse licensed
hereunder for the purpose of inspection.
5.
Any horse upon a public street which
shall be drawing a carriage shall be driven at all times by a person
licensed as a "driver."
6.
To be licensed as a driver of a horse-drawn
carriage, a person must be eighteen (18) years of age, of good moral
character and not have been convicted of any crime or misdemeanor??
involving violence, physical abuse or moral turpitude. An applicant
must have knowledge of the handling and driving of horses.
[R.O. 2011 § 645.340; R.O. 2009
§ 120.67; CC 1981 § 28-79; Ord.
No. 85-17, 3-6-1985]
A.
Application for horse-drawn carriage licenses
shall be made in writing, signed and sworn to by the applicant or
if applicant is a corporation, by its duly authorized agent upon forms
provided by the Finance Director. The application shall contain the
full name and residence address of the applicant; place of business;
the business telephone number of the applicant; and the manufacturer's
name, model, length of time in use, seating capacity and type of brake
system of the carriage which applicant will use.
B.
Horse-drawn carriage licenses shall be renewable at the same time as the horse license herein described. The fee for a single event carriage license shall be the amount stated in Section 150.030 and shall be valid for twenty-four (24) hours and a specific one-day event, such as a wedding.
[Ord. No. 17-229, 11-7-2017; Ord. No. 22-168, 12-20-2022]
C.
If the application and all other statements
and documents required to be filed with the application have been
properly executed, the applicant is qualified to pursue this occupation,
the carriage or carriages are in safe and proper condition and the
horse has been properly licensed, a license will be issued for each
horse-drawn carriage applied for to terminate on March 31 following
the date of issuance. A horse-drawn carriage license may not be applied
for by, nor may a license be issued to, any person other than the
owner of a carriage or horse.
D.
Every horse-drawn carriage licensee shall
carry liability insurance and Workmen's Compensation insurance for
his/her employees with solvent and responsible insurers authorized
to transact such insurance in the State and qualified to assume the
risk or the amounts hereinafter set forth under the laws of the State,
to secure payment of any loss or damage resulting from any occurrence
arising out of or caused by the operation or use of any of the licensee's
horse-drawn carriages. The liability insurance policy may cover one
(1) or more horse-drawn carriages, but each horse-drawn carriage shall
be insured with coverage amounts at minimum at the State sovereign
immunity limits set annually by the State of Missouri, Department
of Insurance, per Section 537.610, RSMo. Licensee shall provide City
with a Certificate of Liability Insurance evidencing the required
coverage and naming the City as an additional primary insured.
[Ord. No. 17-229, 11-7-2017]
[1]
Editor's Note: R.O. 2011 § 645.350, Horse And Driver
Requirements, as amended by Ord. No. 85-17, was repealed by the City
during the 2022 recodification project.
[R.O. 2011 § 645.360; R.O. 2009
§ 120.69; CC 1981 § 28-81; Ord.
No. 85-17, 3-6-1985; Ord. No. 18-184; 8-21-2018]
A.
A horse-drawn carriage licensee and the
licensee's agents shall at all times allow complete access to any
carriages, horses and any facilities used by the licensee in the course
of operating horse-drawn carriages within the City for purposes of
inspection.
B.
All horses drawing horse-drawn carriages
shall be kept in compliance with the applicable provisions of this
Code of Ordinances, the laws of the State and Federal law.
C.
All horse-drawn carriages must be equipped
with lights visible from the front and side, an approved brake system
and rubber tires. All carriages and drivers shall comply with any
applicable requirements of the State and this Code of Ordinances including,
but not limited to, traffic laws and ordinances.
D.
The driver of a horse-drawn carriage shall
not stop such vehicle upon any street at any place for the purpose
of loading or unloading passengers other than at a designated horse-drawn
carriage stand other than in the case of an emergency. However, the
driver of a horse-drawn carriage may pick up and discharge passengers
along South Main Street as long as traffic is not obstructed.
E.
All horse-drawn carriage stands shall be
maintained clean and free of litter by the driver.
F.
Every carriage shall be an authentically
styled passenger carriage. A carriage with a body style that resembles
a fruit, vegetable or a wagon patently designed for cargo instead
of passengers, except that a wagon is permitted from October 1 through
October 31, is prohibited.
G.
The use of decorative lights that blink, strobe, or are of any color other than white is prohibited. Lights shall comply with Sections 400.330(F) and 400.350(E).
[R.O. 2011 § 645.370; R.O. 2009
§ 120.70; CC 1981 §§ 28-82 — 28-83; Ord. No. 85-17, 3-6-1985]
A.
Time Of Operation. No horse-drawn carriage
may be driven on any City street before 9:30 A.M. nor after 10:00
P.M., unless the times are extended by the Mayor.
B.
Application Of Regulations. No person may operate a horse-drawn carriage for compensation, nor may the owner thereof permit such operation upon the public streets in the City except in the area and at the times described in Subsection (A) of this Section, nor may a carriage be so operated unless the carriage is licensed as a horse-drawn carriage and the horse drawing the carriage is licensed under the provisions of this Article; except that re-enactment groups utilizing horses are excluded from the provisions of this Chapter.
[R.O. 2011 § 645.380; R.O. 2009
§ 120.71; CC 1981 § 28-84; Ord.
No. 85-17, 3-6-1985]
Any horse licensed under this Article
for the purposes of drawing a carriage which must be removed from
a public way for any reason shall be under the custody and control
of the Animal Control Officer, except that if no Animal Control Officer
is available, then any Police Officer is authorized to remove the
horse from the public way.
[R.O. 2011 § 645.385; Ord. No. 18-184, 8-21-2018]
A.
Health, Care And Sanitation Standards.
No horse shall be used to draw a carriage unless the horse is in good
health and all of the following standards are met:
1.
The horse shall not have open sores,
open wounds, diarrhea, nor shall the animal be lame or have any other
ailments unless the Convention and Visitors Bureau has a current written
statement by a veterinarian that the animal is fit for such work,
notwithstanding such condition. Further, the written statement by
the veterinarian must have a required expiration date.
2.
The hooves of all horses while engaged
in work on pavement, brick, concrete or other like hard surfaces shall
have rubber or elastomer shoes, boots or pads to prevent slipping
and shall be evenly trimmed and shod. Also, if a farrier determines
that the horse's hooves will not accommodate the use of rubber pads,
metal shoes can be used on the rear legs of the animal.
3.
The horse shall be properly and appropriately
groomed daily.
4.
The horse shall have adequate flesh
and muscle tone as determined by the Body Condition Scale of the Henneke
Body Conditioning Scoring Chart and shall average between four (4)
and seven (7).
5.
The horse is kept in good working
condition.
6.
At introduction into the touring
stock, then bi-annually thereafter, the animal shall have had a physical
inspection completed by and a certificate of serviceability for carriage
work signed by a licensed veterinarian, with the results thereof provided
to the Convention and Visitors Bureau.
7.
All horses, upon reasonable notice
by the Convention and Visitors Bureau or Police Department shall be
made available for an annual physical inspection to be conducted by
the City's veterinarian with the results thereof being maintained
by the City with a copy being provided to the carriage company operator.
8.
At introduction into the touring
stock, then quarterly thereafter, the animal shall have been dewormed.
9.
At introduction into the touring
stock, the animal has been vaccinated under the direction of a veterinarian
for appropriate diseases and risk factors of the area, including equine
infectious anemia and immunized annually against rabies.
10.
Water shall be provided to each horse
immediately after completing a tour for a minimum of fifteen (15)
minutes.
11.
Horses shall be provided electrolyte
supplements at each feeding.
12.
In a twenty-four-hour period, animals
shall not engage in work more than eight (8) consecutive hours or
ten (10) hours without a one and one-half (1 1/2) hour break
being disconnected from the carriage, in a twenty-four-hour period.
13.
Horses shall not engage in work more
than six (6) days in a seven-day period.
14.
Horses shall not engage in work with
equipment causing an impairment of vision, other than normal blinders.
15.
Horses shall not be driven at a speed
faster than a slow trot.
16.
Horses shall not be subject to any
cruel or harassing treatment or equipment.
17.
No horse shall be utilized to pull
a carriage carrying more passengers than the carriage is designed
to carry by the manufacturer, nor shall a carriage be pulled by fewer
animals than provided for by the design.
18.
Horses shall be at least three and
one-half (3 1/2) years of age and shall not weigh less than nine
hundred fifty (950) pounds in fit condition.
B.
Harness And Tack Standards. The following
standards shall apply to harnesses used on horses:
1.
Horses shall not engage in work with
harnesses or bits that harm or are unsafe to the animal.
2.
Harnesses, bridles, bits and padding
shall be properly fitted and kept in clean and good repair.
3.
Harnesses shall be kept free of makeshifts
like wire, rope, and rusty chain.
4.
Trace chains shall not put pressure
on the collar and shoulders of the animal when it starts pulling the
carriage resulting in a jolting start versus a smooth start with a
snug collar already in place.
5.
Breeching shall fit so that it will
not rub or hinder the hind leg movement of the animal.
6.
All harnesses and bits shall be used
and maintained in accordance with the manufacturing design.
C.
Diapering Apparatus And Sanitation Required.
It shall be unlawful for any person to drive a horse for the purpose
of pulling any carriage on a street unless such horse is equipped
with diapering apparatus that prevents the droppings of such horse
from being deposited or otherwise left on the street. It shall be
the responsibility of the driver and licensee to insure that the diapering
apparatus is maintained in good working order. Any waste, debris or
excreta resulting from the horse or carriage, despite the proper use
of a diapering apparatus, shall be immediately removed by the driver.
D.
Extreme Or Inclement Weather Operations.
Drivers shall use caution when working horses in adverse weather conditions
such as high heat and humidity, snow, ice, heavy rain, and other slippery
or reduced visibility situations. The City, through its Convention
and Visitors Bureau, may determine that extreme temperatures or weather
conditions are contrary to the safe operation of horse-drawn carriages
and may prohibit the operation of horse-drawn carriages during those
conditions.
[R.O. 2011 § 645.390; R.O. 2009
§ 120.72; Ord. No. 95-289, 10-18-1995; Ord. No. 17-229, 11-7-2017[1]]
A.
The City is authorized to determine the
location of designated horse-drawn carriage stands and shall place
and maintain appropriate signs indicating the same.
B.
There shall be a maximum of four (4) designated horse-drawn carriage stands utilized during City-sponsored events occurring in the Historic Commercial District pursuant to Code Section 400.200 between October 1 and December 31 annually.
C.
It shall be unlawful for a driver of a
horse-drawn carriage possessing a special City-sponsored event carriage
license to load or unload passengers at any place other than a designated
horse-drawn carriage stand.
[1]
Editor’s Note: Ord. No. 17-229 also
changed the title of this Section to include ": Loading and Unloading
of Passengers."
[R.O. 2011 § 645.395; Ord. No. 17-229, 11-7-2017; Ord. No. 18-184; 8-21-2018]
A.
The City shall solicit bids and select
the highest and best bids in order to designate horse-drawn carriage
providers who shall then receive a special City-sponsored event carriage
license and be designated as an exclusive horse-drawn carriage provider
within the respective event area during the City-sponsored events
occurring between October 1 and December 31 annually.
B.
There shall be no more than twelve (12)
horse-drawn carriages permitted to operate at any one time in the
Historic Commercial District for City-sponsored events occurring between
October 1 and December 31. The Director of the Convention and Visitors
Bureau or his/her designee shall determine the twelve carriages and
the providers thereof on a daily basis.
C.
No other horse-drawn carriage providers
shall be permitted to provide horse-drawn carriage rides or services
in the Historic Commercial District for City-sponsored events occurring
between October 1 and December 31.
D.
In addition to meeting all other registration,
insurance and operational requirements set forth in this Chapter,
horse-drawn carriage providers selected and designated as exclusive
carriage providers for the City for events between October 1 and December
31 shall also:
E.
It shall be unlawful to operate a horse-drawn
carriage without a special City-sponsored event carriage license in
the Historic Commercial District for City-sponsored events occurring
between October 1 and December 31.
