[HISTORY: Adopted by the Board of Selectmen of the Town of Conway 6-6-1988. Amendments noted where applicable.]
In accordance with the authority granted to the Selectmen of Conway per RSA 47:17, VII and VIII, the Selectmen determine a need to regulate animal-drawn vehicles operating on public roads within the Town of Conway which solicit and carry passengers for hire. This chapter is necessary to enhance safety to travelers on said roads, reduce health concerns through removal of animal waste, protect the roads from unusual and excessive wear, and protect and enhance the quality of life and well-being of the Town of Conway.
Every sleigh, wagon or conveyance drawn by horse or other animal using the public roads in Conway for the purposes of carrying passengers for hire shall collectively for purposes hereunder be referred to as a "wagon" and must be licensed under this chapter, except wagons used at charitable or public functions performed without charge, funerals, weddings and public parades which are exempt from licensing. All references to "roads" shall mean public streets and roads within the Town of Conway.
No wagon shall be operated for hire on the roads in the Town of Conway until the owner or person controlling the same shall have obtained a license therefor.
The Town Clerk shall issue licenses to such wagons upon application of the owner or person controlling the same, which license shall be countersigned by the signature of the duly appointed or acting Town Manager of the Town.
Applications for licenses and transfer of licenses under this chapter shall be on forms approved by the Selectmen of the Town and made available by the Town Clerk, who shall keep a record of all applications and licenses and transfers of license granted.
Every licensee shall conspicuously post the license issued by the Town on or within said wagon.
[Amended 4-11-2017 ATM by Art. 29]
The annual license fee shall be in an amount set from time to time by the Board of Selectmen, payable to the Town of Conway with the application for a license. Said license shall be valid for a term not exceeding one year, commencing with the date of issue and expiring on December 31 of each year.
No license shall be sold, assigned or transferred except as hereunder permitted. Each license shall be assigned to one wagon and may be transferred only once in any calendar year to another wagon of the same owner/licensee, provided the wagon to which the license is transferred has been inspected by the Town in the same calendar year. No assignment shall be valid until filed with the office of the Town Clerk and a transfer fee in an amount set from time to time by the Board of Selectmen paid to the Town.
No wagon licensed under this chapter shall operate on any road in the Town unless the owner or person controlling the same has deposited with the Town Clerk of Conway a certificate of insurance issued by an insurance company regularly doing business within the State of New Hampshire covering injury and property damages accruing to passengers, public liability or property damage in a minimum amount of $50,000 per person, with a minimum amount of $100,000 per occurrence and a minimum amount of $25,000 for property damage to property of others. This policy shall contain a clause obligating the insurance company issuing the same to give 20 days' written notice of cancellation to the Town Clerk of Conway. Any cancellation or lapse of such insurance shall automatically revoke the license granted hereunder, with the Town Clerk to give written notice of such cancellation by certified mail to the licensee addressed as specified under the application for license.
The manner, places and times of parking of wagons in roads of Conway and the routes of travel by a licensee shall be prescribed by the Board of Selectmen from time to time.
The routes to be travelled by each licensee on roads within the Town shall be designated in the application for license, which may be reviewed by the duly appointed and acting Chief of Police of Conway prior to any action thereon by the Board of Selectmen. Such routes shall be established in a manner to minimize the use of roads regularly travelled by motor vehicles at higher rates of speed to prevent additional impact on traffic flow. Unless an emergency exists, no passenger shall embark or disembark to or from a wagon other than at designated parking spaces for the licensee prescribed by the Board of Selectmen, or when the wagon is located outside the limits of any road.
All vehicles operated on the roads shall be subject to the same laws and regulations applicable to other motorized vehicles operating on said roads, including but not limited to the rules of the road in keeping to the right and use of all required running lights during the nighttime commencing one-half hour after sundown.
Every wagon licensed under this chapter shall be inspected for operating running lights, which shall include a minimum of two permanently affixed clear or amber running lights on the front of each wagon or on either side thereof at the front and at least two permanently affixed red-colored running lights on the rear of the wagon together with a three-cornered "caution" sign to be affixed to the rear of each wagon. Each light shall be of a quality and location to be visually seen a minimum distance of 200 feet from said wagon.
Each wagon shall be inspected and a certificate issued at least annually by an agent duly appointed by the Conway Town Manager prior to licensing by its owner. Each licensee shall pay a fee in an amount set from time to time by the Board of Selectmen to the Town for each inspection. An inspection shall require each wagon to have fully operating lights and a caution sign as required under this chapter, wagon and harnesses to be sound, including tight wheels and rims, safe hitches, and operating brakes when designed as part of the wagon. Loose, rotten, or excessively worn wagons, harnesses or parts thereof shall not be used. Denial of inspection shall list in writing items found to be deficient according to these standards.
[Amended 4-11-2017 ATM by Art. 29]
All animals drawing licensed wagons shall be shod with flat shoes or shoes corked not more than 1/4 inch and equipped with safe and sturdy harnesses with devices attached for the collection of waste droppings for each animal. No solid animal waste shall be left uncollected on a road by any licensee. Parking areas for horses and wagons shall be kept free of all litter and animal waste. Pavement of the public parking areas for wagons shall be kept cooled in warm weather to prevent tearing, denting or puncture of pavement by horses and wagons.
Each animal drawing a licensed wagon shall be sound, cared for and used in a humane manner with no abusive mistreatment or maltreatment of any animal by whip, undernourishment, lack of water or otherwise lack of good and sufficient gentle care by any owner or person controlling such animal. No lame or limping animal shall be used to draw a licensed wagon. The licensee shall file with the Town a good health certificate issued and dated by a licensed veterinarian during the calendar year for which a license is to issue hereunder, for each animal to be used by the licensee in connection with every licensed wagon. Each animal health certificate shall particularly identify the animal to which it is applicable by name, color, type and breed. No animal shall be used by a licensee to draw a licensed wagon until a copy of said good health certificate is filed with said Town.
The operator of every wagon shall keep on his/her person or displayed in the licensed wagon a copy of said animal health certificate for each animal then used, a copy of the inspection issued for the wagon and harnesses then used, and a copy of the license for the wagon then in use. On request of any law enforcement officer, the operator of any wagon on any road shall forthwith produce for inspection by such officer a copy of the applicable animal health certificates, wagon inspection and wagon license. Failure to produce said documents on request of said law enforcement officer shall be deemed a violation of this chapter. If a law enforcement officer observes any deficiency of the inspection requirements for harnesses and wagons then in use and no accident is then involved, the law enforcement officer shall only issue a deficiency notice. On issuance of a deficiency notice, the licensee shall forthwith withdraw the harness or wagon from regular operation until (1) the harness or wagon is repaired, and (2) the deficiency notice is returned to said law enforcement officer dated and signed by the licensee indicating the repair has been completed. Use and operation of a harness or wagon to carry passengers by a licensee after issuance of a deficiency notice by a law enforcement officer and prior to the repair of such deficiency and return of the deficiency notice as aforesaid shall constitute a violation by the licensee under this chapter.
Any person convicted of a violation of any provision of this chapter shall be punished by a fine not to exceed $1,000 for each offense, with the fines collected to inure to the benefit of the general purposes of the Town, and/or a revocation and/or suspension of any license hereunder up to the balance of its term and up to two additional years consecutively following. Nothing shall prohibit the Town, by its Selectmen, from suspending and/or revoking any license granted under this chapter pending final decision of conviction hereunder.