[Adopted as § 9.23 of the 1984 Code]
The following words, when used in this article, shall have the following meanings, except where the context clearly indicates a different meaning:
CARRIAGE
A horse-drawn private passenger vehicle for hire with four wheels or runners, two or four fixed seats installed by the vehicle manufacturer, used for short pleasure trips, and operated by a driver who may be accompanied by an assistant. "Carriage" shall include a buggy or sleigh, but shall not include a cart or wagon used primarily for carrying goods or as a farm vehicle.
DRIVER
The person in control of and in the actual operation of a carriage and shall include any assistant driver operating a carriage.
FIXED ROUTE
Authorized trips on designated City streets from predetermined passenger pickup points to predetermined destinations.
OWNER
The title holder of any carriage, horse, license or equipment, or an owner's lessee, or an assignee of any license.
STANDS
Street curb or other places which are designated by the Chief of Police, as directed by the Common Council, for the stopping, standing or parking of a carriage and the loading or unloading of passengers.
Except as otherwise provided in this article, no person owning or operating any horse and carriage for hire shall operate, or permit to be operated, any such vehicle on any street, alley, sidewalk, park, field or other public way or public property in the City of Port Washington without a license issued as provided in this article and in compliance with the regulations hereinafter set forth. No license shall be issued without written proof of compliance with such regulations. No horse and carriage license shall be required to operate a horse-drawn carriage, buggy, sleigh, cart or wagon carrying passengers within the City as part of an annual celebration, festival, parade or special event.
A. 
Routes. All proposed fixed routes must be in writing and receive prior written approval of the Chief of Police. A copy of an approved fixed route must be submitted to the City Clerk at the time of application for a license. New or temporary routes must be applied for, approved by the Chief of Police, and filed with the City Clerk before a licensee may use a new or temporary route. No licensee shall deviate from an approved route.
B. 
Hours of operation. No carriage may operate before 10:00 a.m. or after 10:00 p.m.
C. 
Soliciting. Soliciting of prospective passengers by carriage drivers, owners, or their agents shall be done in an orderly manner that will not create a public nuisance.
D. 
Driver age and license status. No carriage shall be driven by any person under age 18. Every driver shall hold a valid Wisconsin driver's license whenever operating a carriage.
E. 
Operation by owner or employee or lessee required. No carriage shall be operated except by the owner thereof, or the owner's employee or lessee, and it shall be unlawful for any owner, employee or lessee to permit operation of a carriage by any other person.
F. 
Attendance of vehicle. No carriage shall be left unattended at any time when such vehicle is hitched to one or more horses.
G. 
Carriage stands. Carriages shall occupy such stands as designated by the Chief of Police, as directed by the Common Council, and shall at all times maintain orderly alignment at the stands so as not to obstruct traffic or endanger the safety of pedestrians. Carriages shall be loaded and unloaded in such a way as to provide safety to the public.
H. 
Conduct of drivers. Carriage drivers shall at all times while on duty be clean and neat in appearance, courteous to the public, and shall be free from the influence of any alcohol beverages or controlled substances, and the odor of alcohol beverages on the breath of any such driver shall be prima facie evidence of a violation hereof. No person shall operate a carriage in violation of state or local traffic laws or regulations.
I. 
Speed at which vehicles to be operated. No driver shall operate any carriage faster than a slow trot, and the driver shall reduce its speed and/or stop whenever appropriate due to road, weather or traffic conditions, or when pedestrians, children or emergency vehicles are present. At no time shall carriages be used for racing or be driven at imprudent speeds.
J. 
Maximum number of passengers. No carriage shall carry more passengers than can be seated comfortably on the seats without exceeding the seating capacity of the carriage specified by the manufacturer and as posted pursuant to Subsection P hereof, except that children under seven years of age may be carried on the laps or in the arms of separate passengers who are each age 18 years or older.
K. 
Alcohol beverages prohibited. No driver or passenger shall sell, serve, possess or consume any alcohol beverage while in a carriage upon a street or other public way.
L. 
Equipment; signals. Each carriage shall be equipped with rubber tires, brakes, a "slow moving vehicle" emblem as provided in § 347.245, Wis. Stats., and lighted lamps, lanterns or reflectors as provided in § 347.24, Wis. Stats. No driver shall turn or stop a carriage without giving hand and arm signals as provided in §§ 346.34 and 346.35, Wis. Stats.
M. 
Maintenance. Every carriage shall be kept in good mechanical condition by its owner for the protection of the public. Every carriage driver prior to the beginning of each shift shall inspect each horse and carriage to ensure that all carriage equipment and each horse are operable and in good working condition and that the carriage is maintained in a reasonably clean condition. All carriages shall be washed at least once per week.
N. 
Safety inspection. All carriages shall be subject to inspection and approval by the Chief of Police (or designee) to ensure adequate safety measures. Any carriage found to be in a defective condition shall be immediately withdrawn from service and shall not be used for carrying passengers until such vehicle has been repaired, inspected and approved by the Chief of Police (or designee). The Chief of Police (or designee) shall indicate on the inspection report the seating capacity of the carriage specified by the manufacturer. Written proof of inspection and approval by the Chief of Police (or designee) shall be submitted to the City Clerk prior to issuance of a license.
O. 
Sanitation. Each horse and carriage shall be equipped with adequate sanitation devices to prevent excrement from falling on the street. Should excrement fall on the street, it shall be the sole responsibility of the driver to remove the same as soon as practicable, by shovel or like instrument, and dilute and flush the urine. No driver of a carriage shall permit excrement to remain on any street, alley, gutter, sidewalk, lawn, field, park, public way or private property. All excrement shall be promptly placed into a sealed container, kept away from the public and transported to a site or facility authorized to accept it for disposal. In this subsection, "excrement" includes fecal matter and urine.
P. 
Posting of signs. Each owner shall securely post and maintain a sign in the passenger compartment of each carriage, in a conspicuous place plainly visible to all occupants thereof, indicating the seating capacity of the carriage which has been specified by the manufacturer and stating "No Standing While Vehicle Is In Motion."
Q. 
Riding with driver prohibited. The driver of any carriage shall not permit any passenger, except an assistant driver, to sit alongside the driver while the driver is engaged in the operation of the carriage.
R. 
Refusal to carry passengers prohibited. No carriage owner, driver, or licensee, nor any owner's employee or lessee, shall refuse to carry passengers unless a passenger or prospective passenger engages in violent, abusive, loud, profane, vulgar, indecent or otherwise disorderly conduct or refuses to pay the fare for such service.
S. 
Certification of animal health. For each horse that will draw a carriage, a licensee shall provide to the City Clerk a certificate issued by a veterinarian licensed in the State of Wisconsin finding such animal to be free from infectious disease, in good health and fit for carriage service under this article. Each horse shall thereafter be reexamined at intervals of no more than six months, and a new certificate shall be issued by such veterinarian and filed with the City Clerk in order for each horse to remain in service.
T. 
Animal temperament, care and maintenance. Every horse used to draw a carriage shall be mild-mannered and kept under the immediate supervision and control of a driver having experience with horse management. Each licensee shall assure adequate rest periods, feeding and watering schedules, health and related performance and well-being for each horse under the licensee's ownership, care or control. This responsibility shall include carriage load limits, hours of operation and daily hours of animal usage, except that no horse shall be required to work more than 12 hours per day.
U. 
Proof of insurance. Each owner or lessee of a horse and carriage operated for hire within the City shall procure and maintain public liability insurance in an amount of not less than $1,000,000 in the aggregate insuring the owner, lessee and the City from any claims or damages for bodily injuries or death, and in an amount of not less than $500,000 for property damage, arising from the operation of horse-drawn vehicles carrying passengers for hire. Said insurance shall name the City of Port Washington as an additional insured thereon, and a certificate evidencing such insurance coverage shall be filed with the City Clerk at the time a license application is submitted under this article.
V. 
Indemnification. Notwithstanding the insurance requirements set forth in Subsection U hereof, each owner, licensee and lessee shall indemnify and hold the City of Port Washington harmless from any claims, demands, damages and/or losses of any kind or nature arising from the operation of horse-drawn vehicles within the City by the owner, licensee, lessee, or their employees or agents. Such indemnification agreement shall be filed with the City Clerk at the time a license application is submitted under this article.
W. 
Accident reporting. Every owner, driver, licensee and lessee shall report to the City Police Department, within 12 hours of its occurrence, any accident or incident of any kind and nature resulting in injury to any horse, carriage or property of others, or any personal injury to a passenger or other person, that in any manner involves or relates to the entry into, exit from, use or operation of a horse-drawn carriage within the City.
A. 
Applications; issuance standards. License application forms shall be obtained from the City Clerk and shall state the name, residence and telephone number of the applicant and each driver who is proposed to operate a carriage and shall include an exact copy of each driver's valid Wisconsin driver's license and any other information the City Clerk may require. Said applicant shall be the licensee. An applicant shall then request route approval and equipment inspection by the Police Department. Completed applications shall be submitted to the City Clerk, together with route approval, equipment inspection approval and the certificate(s) of animal health. The City Clerk shall present the application to the Common Council, which shall approve or reject the same based upon its consideration of the following:
(1) 
The number of licenses available.
(2) 
The adequacy of the applicant's financial resources for the establishment and operation of a carriage business.
(3) 
The adequacy of the physical facilities from which the carriage business would be conducted.
(4) 
The knowledge and experience of the applicant in handling horses.
(5) 
The applicant's prior service to the public in the carriage business.
(6) 
The ability of the applicant to maintain sanitary conditions in and around the applicant's trailer(s) and stand(s).
(7) 
The location(s) of the proposed stand(s) as it relates to convenience to the public and the effect on local health and traffic conditions.
(8) 
The applicant's compliance with the provisions of this article.
(9) 
The applicant's compliance with applicable federal, state and local safety, sanitation, traffic and health laws and ordinances.
(10) 
The effect of the issuance of licenses on the public health, safety and welfare.
B. 
Requirements; fees; term of license. All licenses authorized by the Common Council shall be issued by the City Clerk upon receipt from the applicant of a certificate of liability insurance and a signed indemnification agreement which comply with the provisions of this article and are in such form as approved by the City Clerk. A description of the approved route(s) shall be attached to the license. The license fee shall be in an amount established or revised from time to time by resolution of the Common Council for each owner or lessee of a horse and carriage service operated for hire within the City. Such fees shall be paid prior to issuance of a license. A license is valid only for the calendar year in which it is issued.
[Amended 12-15-2020 by Ord. No. 2020-9]
C. 
Form and display of license. Upon approval of an application by the Common Council and compliance with the requirements of this article, the City Clerk shall issue a license which shall be signed by the Mayor and countersigned by the City Clerk. The license shall be securely attached to and displayed in plain view in the licensed carriage.
D. 
Transferability. No license issued under this article shall be transferred or assigned to a new owner without such license first being returned to the City Clerk for consideration of reissuance to a prospective licensee upon compliance with all of the terms of this article and any other regulations applicable to such carriage operation.
A. 
Police authority. The Chief of Police shall have the authority to review routes, manner of operation and condition of equipment at any time and to modify or temporarily suspend any license or restrict any route if he deems it necessary for the protection of the public safety or interest. Any police officer shall have authority to inspect a carriage and enforce this article and any laws or regulations relating to the operation thereof.
B. 
Suspension or revocation. Licenses issued under this article may be suspended or revoked for cause by the Common Council after notice to the licensee and a hearing as provided herein. Suspension or revocation proceedings for violations under this article may be instituted by the Chief of Police upon written charges made and filed with the City Clerk, or upon a sworn written complaint filed with the City Clerk by any person.
C. 
Common Council action. Upon receipt of an appeal of a modification or temporary suspension, or upon receipt of written charges or a written complaint, the City Clerk shall schedule a hearing before the Common Council and shall send, by first-class mail, a copy of the charges or complaint, together with a notice of hearing, to the licensee or the person against whom the charges or complaint was made. Such notice shall be sent at least 10 days prior to the scheduled hearing. At such hearing, the Chief of Police or the complainant, and the licensee or person against whom the charges or complaint was made, shall have an opportunity to present evidence and/or make a statement regarding the grounds for the modification, suspension or revocation and the charges or complaint. The Common Council shall, based upon the evidence and/or statements, take action to affirm, reverse or modify such modification, dismiss the charges or complaint, uphold the charges or complaint and suspend or revoke the license, or take such other action as it deems appropriate. Such action is not a penalty and shall not prevent other enforcement action for violations of this article, including, without limitation, court action to enforce forfeitures or an injunction.
Any person who violates any provision of this article shall, where no other provisions are expressly made for the enforcement of any forfeiture or penalties under this article or under state law, be subject to a penalty under § 1-4 of this Code.