[R.O. 2012 §625.010; Ord. No. 88-10-6 §1, 10-17-1988]
The following words shall have the prescribed meanings in this Chapter:
- 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.
- CARRIAGE STAND
- That 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 practicing veterinarian licensed by the State of Missouri.
[R.O. 2012 §625.020; Ord. No. 88-10-6 §2, 10-17-1988]
Any horse used for the purpose of drawing a carriage licensed under this Chapter must first be licensed as follows:
The annual license for each horse licensed under this Chapter shall be issued at no charge. Each horse license issued under this Chapter shall expire on June thirtieth (30th) following the date of issuance.
Each horse licensed shall be photographed or otherwise clearly identified by an identification number tattooed in a conspicuous place.
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 said horse is being used to draw a carriage licensed under this Chapter any place within the City.
Every licensee and the licensee's agents shall at all times allow complete access to any horse licensed hereunder for the purpose of inspection. Such inspection would be under the auspices of the Animal Control Officer or a licensed veterinarian so designated by the City.
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".
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, misdemeanor or ordinance violation involving violence, physical abuse or moral turpitude. Before the issuance of a license to a driver, an applicant must demonstrate their knowledge and ability in the handling and driving of horses.
[R.O. 2012 §625.030; Ord. No. 88-10-6 §3, 10-17-1988]
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.
Horse-drawn carriage licenses shall be renewable at the same time as the horse license herein described. For each carriage licensed under this Chapter, the applicant shall pay thirty dollars ($30.00).
If the application and all other statements and documents required to be filed with said 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 June thirtieth (30th) 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.
Every horse-drawn carriage licensee shall carry general liability and property damage insurance and Workmen's Compensation Insurance for his/her employees with solvent and responsible insurers authorized to transact such insurance in the State of Missouri, and qualified to assume the risk for the amounts hereinafter set forth under the laws of the State of Missouri, for a minimum limit of five hundred thousand dollars ($500,000.00). Each policy shall name the City of Excelsior Springs as an additional insured.
[R.O. 2012 §625.040; Ord. No. 88-10-6 §4, 10-17-1988]
No horse licensed shall be used to draw a carriage unless the following requirements are met:
The horse shall be fit for such work.
The hooves of the horse must be properly shod and trimmed, utilizing rubber coated, rubber heal pads or open steel borium tip shoes to aid in the prevention of slipping.
The horse must be groomed daily.
The horse must be examined by a veterinarian every six (6) months. The horse must be immunized against equine infectious anemia and immunized annually against rabies. The driver of a horse-drawn carriage must have in his or her possession at all times such carriage is in operation a license for the carriage being driven and a license for the horse drawing the carriage.
All harnesses and bits shall be used and maintained in accordance with the manufacturing design.
No horse shall be utilized to pull a carriage carrying more passengers than such carriage is designed to carry by the manufacturer, nor shall a carriage be pulled by fewer animals than provided for by such design.
No horse drawing a carriage shall be worked at a speed faster than a slow trot.
All horses shall be equipped with a waste-catching device, approved by the City, while on any public way. Any waste or debris resulting from the horse or carriage shall be immediately removed by the driver.
[R.O. 2012 §625.050; Ord. No. 88-10-6 §5, 10-17-1988]
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 of Excelsior Springs for purposes of inspection.
All horses drawing horse-drawn carriages shall be kept in compliance with the applicable provisions of this Municipal Code, the laws of the State of Missouri, and Federal law.
All horse-drawn carriages, whether in motion or at rest, shall be equipped with lights visible from the front and side. In addition, every carriage shall have attached at the rear thereof a red tail light or a red reflecting device of not less than three (3) inches in diameter of effective area or its equivalent in area. When any such device shall consist of reflecting buttons, there shall be no less than seven (7) buttons covering an area equal to a circle with a three (3) inch diameter. The total subtended effective angle of reflection of every such device shall be no less than sixty degrees (60°) and the spread and efficiency of the reflected light shall be sufficient for the reflected light to be visible to the driver of any motor vehicle approaching such horse-drawn vehicle from the rear of a distance of not less than five hundred (500) feet.
In addition, each horse-drawn carriage shall have an approved brake system and rubber ties. All carriages and drivers shall comply with any applicable requirements of the State of Missouri and this Municipal Code, including, but not limited to traffic laws and ordinances.
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 on the Hall of Waters Circle as long as traffic is not obstructed.
All horse-drawn carriage stands shall be maintained clean and free of litter by the driver.
[R.O. 2012 §625.060; Ord. No. 88-10-6 §6, 10-17-1988; Ord. No. 94-3-8 §625.060, 3-7-1994]
No horse-drawn carriage may be driven on any City street before 9:30 A.M nor after 10:00 P.M., unless said times are extended by the City Council. Restriction of horse/carriage traffic upon certain streets may be imposed should congestion or similar problems become evident.
[R.O. 2012 §625.070; Ord. No. 88-10-6 §7, 10-17-1988]
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 of Excelsior Springs except in the area and at the times described in Section 625.060, 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 Chapter; except that reenactment groups utilizing horses are excluded from the provisions of this Chapter.
[R.O. 2012 §625.080; Ord. No. 88-10-6 §8, 10-17-1988]
Any horse licensed under this Chapter 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 said horse from the public way.