[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.
A.
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.
B.
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.
C.
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.
D.
Every licensee shall conspicuously post the license issued by the
Town on or within said wagon.
[Amended 4-11-2017 ATM by Art. 29]
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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]
C.
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.
D.
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.
E.
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.
