State Law reference — Animal-drawn transportation, G.L. 1956, § 31-12-10.
[Rev. Ords. 1989, § 8-136; Ord. of 8-3-1998, § 8-136]
It is the purpose of this article to regulate all forms of human- or animal-drawn transportation intended for the conveyance of passengers for hire in the town. To that end this article is applicable to all wagons, buggies, coaches, rickshaws whether powered by a human's running or cycling and the like drawn by humans, horses or other animals, utilized for the conveyance of passengers for hire.
[Rev. Ords. 1989, § 8-137; Ord. of 8-3-1998, § 8-137]
(a) 
No person shall keep for hire, operate or lease any of the forms of animal-powered transportation in § 8-136 for the conveyance of passengers in the town for hire without first having obtained a license for such forms of animal-powered transportation issued by the town council.
(b) 
No license shall issue for a rickshaw whether powered by a human's running or cycling. A rickshaw, also known as a pedicab, is defined as a cab powered by a human runner or human-powered cycle with wheels operated by one individual for the purpose of or capable of transporting passengers in seats or a platform made a part of the rickshaw.
[Rev. Ords. 1989, § 8-138; Ord. of 3-4-1996]
(a) 
Applications for a license or renewal shall be available at the office of the town clerk. Each application shall be completed by the proposed operator and owner of the transportation and shall include the following:
(1) 
The names and addresses of the proposed operator and the names and addresses of the owners of the equipment and the animals, if different from the operator.
(2) 
A brief statement of experience for the proposed operators, including experience in offering such transportation in other areas and background and experience in handling animals.
(3) 
A picture and description of the mode of transportation to be utilized, including measurements of the size of same, together with a description of the types and numbers of animals to be employed, the age of the animals and any other prior experience these animals possess in transporting passengers on public streets.
(4) 
If the applicant is a corporation, the names and addresses of all officers and directors of the corporation, together with a certificate of good standing from the secretary of state's office.
(5) 
A statement as to whether or not the applicant has been convicted of any violations of the state motor vehicle laws or codes within the past five years and an explanation of the same if answered affirmatively.
(6) 
A copy of the applicant's pro forma financial statements.
(7) 
A copy of an insurance policy or proof of liability insurance in the amount of $50,000 in the case of license renewal or acknowledgment that the license will not be issued unless proof of insurance in that amount is presented to the town clerk prior to the issuance of the license in the case of initial application.
(8) 
A statement describing how the license will be used and the scope of its use.
(9) 
A description of arrangements made for veterinary care and farrier care during the period of operation, a certificate of good health together with signed acknowledgments from the same, and a health certificate for one animal by a veterinarian and any state department of health certificates that may be required.
(10) 
An acknowledgment that all horses or other animals used shall be equipped with manure bags and that the operator is responsible for any cleaning of the streets.
(b) 
Those applicants who held a license pursuant to this section in the previous year may apply for a renewal by indicating there have been no material changes in the operation since the previous year and submitting the full application fee to the town clerk. In the event of a material change, a statement in keeping with subsection (a) as to that material change only must be provided.
(c) 
Each licensee who seeks to renew a license and all applicants for new licenses shall submit an application in the form provided by this article between March 1 and March 31. Licensees seeking renewal of existing licenses, and who apply for the renewal between March 1 and March 31 of the year in which the license was issued, shall be given preference for the following year over applicants newly applying. As stated in this article, no waiting list shall survive from year to year.
(d) 
Upon the filing of an application for a license or renewal thereof, the town clerk shall determine whether the application is complete in accordance with the terms of this article. If the application is incomplete, the town clerk shall forthwith return the application to the applicant at the address contained in the application with an explanation of the incompleteness. When an application is deemed to be complete, it shall be forwarded to the town council for action.
[Rev. Ords. 1989, § 8-139; Ord. of 5-19-1993; Ord. of 6-6-1994]
(a) 
In an attempt to reconcile the quaint and appealing aspect of such a mode of transportation with the narrowness of the roads and the congestion that exists during the summer months, the town council shall be authorized to approve not more than three such licenses to be in operation at the same time.
(b) 
Each license shall provide authority for the operation of one vehicle as defined in § 8-136 except that any licensee may put one additional vehicle on the road for a specific wedding or similar private event to be described on the applications; provided, however, that any such license is good only for a specific event and time as listed on the license.
(c) 
Any license application, whether for a full license or the one additional vehicle license described in subsection (b) of this section, must be reviewed by the chief of police or his or her designee, who must notify the town clerk before issuance.
(d) 
The police chief, by special order, may restrict licensees from any area of town during any times if he deems it necessary for the public safety and welfare.
[Rev. Ords. 1989, § 8-140; Ord. of 5-19-1993; Ord. of 6-6-1994]
(a) 
The town council, after reviewing the application as presented, shall approve or disapprove the issuance of a license in accordance with the provisions of this article. If no license as outlined in this article is available, the applicant shall be notified that he or she was denied on this basis. Licenses denied on the basis of unavailability shall be kept on file in the town clerk's office during that period of time. No waiting list shall extend beyond the yearly license period as established by this article. For the purposes of this article, licenses shall be issued for one-year periods extending from May 1 to the following April 30. Prior to the issuance of any license approved by the town council, the licensee shall present to the town clerk a certificate stating that the licensee has insurance coverage in effect in the amount required by this article. If the coverage is cancelled by the licensee or its insurer, they shall promptly notify the town clerk.
(b) 
No vehicle with a seating capacity of more than 12 persons shall be licensed.
(c) 
No vehicle shall be operated with more persons than its rated capacity.
[Rev. Ords. 1989, § 8-141; Ord. of 6-6-1994]
(a) 
Upon issuance of any new license or renewal of any license, the licensee shall pay to the town a fee of $50.
(b) 
In the event one already licensed, pursuant to the terms of this article, applies for a license to put one additional vehicle on the road, subject to the limitations stated, the application must be accompanied by an additional fee as posted with the town clerk.
(c) 
A completed application for a license, including the one additional vehicle license, must be filed 48 hours before the applicant may pick it up, if issued.
[Rev. Ords. 1989, § 8-142]
The procedures set forth in the G.L. 1956, §§ 31-19.3-6 — 31-19.3-10, shall apply to the denial, suspension, or revocation of the license under this article. If the town council shall deny an application for renewal of a license or shall suspend or revoke a license, no license in the place and stead of the same shall be issued until all appeals from such action of the town council shall be finally determined. Licenses shall be denied or revoked only upon showing a good cause; the grounds shall include, but not be limited to:
(1) 
Misrepresentation of material facts on the application.
(2) 
Complaints verified by the police department as to traffic congestion and unsafe operation.
(3) 
Any material deviation from routes, types of transportation or changes in equipment varying the terms of the application.
(4) 
Complaints verified by on-site examination as to the care and handling of the animals involved in the operation.
(5) 
Cancellation of insurance coverage.
(6) 
Relevant violations of motor vehicle laws or evidence of poor character bearing upon the proposed operation or any violations of the terms of this article.
[Rev. Ords. 1989, § 8-143]
Every person holding a license granted under the terms of this article shall cause to be posted in a conspicuous place in the vehicle employed for transportation a printed copy of the rates as approved by the town council.
[Rev. Ords. 1989, § 8-144]
Open drinking of alcoholic beverages, noise from electronic devices or radios, and live music of any kind is prohibited in the vehicles licensed under this article.