[7-21-2021 by Ord. No.
1797]
The following words and phrases in this article shall be interpreted
and construed in accordance with the following definitions:
A vehicle for transporting the operator and passenger.
The Coordinator of the Mainstreet/Street Downtown Development
Authority.
Propelled by a horse that is controlled by the operator.
The area in which a horse-drawn carriage may operate, and is the Downtown Development District as defined in Section 2-98 of the Code.
The person who is in control of the horse.
A person who is being transported on the carriage and who
is the not the operator.
A location for picking up and dropping off carriage passengers.
A trailer towed by a vehicle or a vehicle designed for the
transport of a horse or horses and used to transport horses.
[7-21-2021 by Ord. No.
1797]
No person shall operate or cause to operate a horse-drawn carriage in the horse-drawn carriage boundary without obtaining a license and complying with the provisions of Chapter 17, and any other applicable provisions of the Ordinance Code.
[7-21-2021 by Ord. No.
1797]
The City Clerk shall issue horse-drawn carriage licenses. Every
person desiring to operate a horse-drawn carriage is required to make
written application for a license to the City Clerk and accompanied
by a fee established by resolution of the City Council. The application
form will be provided by the City Clerk. The applicant shall truthfully
and fully state the information requested on the application such
as:
(a)
The applicant's name, address, and telephone number. In the event
the applicant is a business entity (i.e., copartnership, limited-liability
company, corporation, etc.), or using a name for the business, the
applicant shall submit the applicable formation documents (i.e., certificate
of assumed name, certificate of copartnership, articles of organization,
Articles of Incorporation, etc.) and the names and addresses of the
owners of the business entity (i.e., shareholders, members, partners,
etc.);
(b)
Whether the applicant is 18 years or older;
(c)
Carriage type, including a photo/image of each carriage;
(d)
Operator's name, address, and telephone number;
(e)
The proposed stops for pickup of passengers;
(f)
The date of the last license that was issued to the applicant under
this article;
(g)
A copy of the insurance covering the carriages proposed to be licensed
and requiring that the insurer will not cancel such policies without
at least 30 days' prior written notice to the City;
(h)
A statement as to whether or not any City permit or license issued
to the applicant (or any related organization or entity) has ever
been revoked, and if so, the reason for the revocation;
(i)
Applicant's driver's license or personal identification number;
(j)
Fees charged;
(k)
Certification that carriages will satisfy the provision of this article
and the Ordinance Code; and
(l)
Such other information the City Clerk deems necessary to review the
application.
[7-21-2021 by Ord. No.
1797]
(a)
Upon filing of the application for a horse-drawn carriage license,
the City Clerk shall transmit the application to the Chief of Police
who shall cause an investigation to be made regarding the character,
fitness, and qualification of the applicant, the individual owners
of a business entity applicant, and the proposed operators.
(b)
The Chief of Police shall inspect the proposed carriages for cleanliness,
appearance, and safety considerations to determine that such carriages
comply with the provisions of this article.
(c)
Upon the completion of the investigation, the Chief of Police shall
transmit the written recommendations and the reasons underlying the
recommendations to the City Clerk's office as to whether a license
shall be issued, denied, or issued with conditions.
(d)
Upon issuance of a horse-drawn carriage license the City Clerk will
confirm that the horse-drawn carriage complies with all of the articles
of this article and Code, will involve safe use of the streets, whether
the applicant has not previously violated two or more provisions of
this article or Code.
(e)
Upon receipt of the written recommendations from the Chief of Police
and review of the requirements under this article and any other provisions
of the Ordinance Code, the City Clerk shall either issue, deny, or
issue the license with conditions.
[7-21-2021 by Ord. No.
1797]
(a)
Upon approval by the City Clerk, the license shall be issued. If
the approval by the City Clerk includes conditions of the applicant,
all conditions shall be met prior to the issuance of the permit by
the City Clerk.
(b)
Licenses granted by the City Clerk shall be issued upon payment of
the fees required and compliance with the requirements of this article
and any other applicable provisions of the Code.
(c)
The license shall bear the name and address of the horse-drawn carriage
applicant, and its term.
(d)
The applicant will provide a certificate of insurance for general
liability insurance in an amount determined by the Coordinator and
name the City of Holland, the Mainstreet/Downtown Development Authority,
the Downtown Principal Shopping District, their officials, employees,
and agents as additional insureds.
[7-21-2021 by Ord. No.
1797]
Unless otherwise provided in the provision of this Code requiring
a license, the license term shall begin on May 1 in each year and
shall terminate on April 30 of the following calendar year. Each license
granted under the provisions of this Code shall expire on the next
year succeeding April 30; provided that any annual license issued
between March 30 and April 30 of any year shall expire on April 30
of the calendar year next following the issuance thereof. In all cases
where the provisions of this Code permit the issuance of licenses
for a period of less than one year, any license so issued shall become
effective on the date of the issuance thereof.
[7-21-2021 by Ord. No.
1797]
Upon application to the City Clerk, a license may be renewed for the ensuing year; provided the applicant has complied with all the provisions of this article and the carriages for which the license is to be renewed have been found, after investigation and inspection by the Chief of Police determines that such carriages comply with all requirements of this article. If the license is not renewed, the applicant may file an appeal as provided in Section 17-20.
[7-21-2021 by Ord. No.
1797]
The licensee shall have all horse-drawn carriages comply with
the following:
(a)
Display at least two headlights with at least one on each side of
the carriage and two taillights with at least one on each side of
the vehicle which shall comply with the requirements of Section 257.695
of the Michigan Vehicle Code;
(b)
Display a reflectorized slow-moving-vehicle emblem and other reflectors
and in compliance with Section 257.688 of the Motor Vehicle Code;
(c)
Display, to each side of the carriage, a light that is visible at
night;
(d)
Be equipped with sufficient seats for the operator and all passengers;
(e)
Seat not more than six adult occupants, or not more than six children
under the age of 12 and one adult occupant, or not to exceed manufacturer's
recommended safe seating capacity for the vehicle being used, in addition
to the operator;
(f)
Maintain a rubber surface on the wheel traction surface;
(g)
Not be wider than eight feet, including fenders, running boards and
safety mirrors and devices; and
(h)
Display the horse-drawn carriage license in the carriage at all times.
[7-21-2021 by Ord. No.
1797]
The licensee and the operator of each horse-drawn carriage shall
comply with the following:
(a)
Horses must be fitted with a device to catch all manure or solid
waste and dispose of it and any urine in an approved manner except
when inside the transport vehicle;
(b)
Horses are attended at all times, including when loading and discharging
passengers;
(c)
Horses have received a valid certificate of health or veterinarian
certificate which shall be filed with the Coordinator annually; and
(d)
Horses are not subject to any cruel or harassing treatment.
[7-21-2021 by Ord. No.
1797]
The licensee and the operator of the horse-drawn carriage shall
comply with the following:
(a)
Be subject to all state and City traffic laws applicable to motor
vehicles, in addition to all other applicable laws;
(b)
Operators possess a valid state driver's license;
(c)
Require all passengers to be seated except when boarding or discharging;
(d)
Not operate during those days and times of day nor operate upon those
streets, public places and quasi-public places prohibited by the City
Clerk;
(e)
Flush all liquid waste from the horse immediately with water and
spray with the appropriate chemical to eliminate all noxious odors
and bacteria;
(f)
Not be required to give a person a ride in the carriage on demand
of such person;
(g)
Not operate a vehicle when a passenger is in possession of alcoholic
liquor in a container which is open or uncapped or which has a broken
seal;
(h)
Be in control of the horse at all times;
(i)
Have in their possession, and produce upon request, their horse-drawn
carriage and state driver's licenses; and
(j)
Maintain a log that substantiates that the carriage has been inspected
by the operator, and meets all operating standards, at the beginning
of every shift.
[7-21-2021 by Ord. No.
1797]
(a)
There shall be no more than teams of two horses for each individual
carriage, and the carriage must be designed to be pulled by a team
of two horses or less.
(b)
Each operator must have signage for their carriage stop. One sign
per stop is required and such signs shall comply with requirements
of the Coordinator. Sign size requirements will be set by the Coordinator.
Fees for carriage rides will be noted on their carriage stop signs.
Fees for carriage rides will be noted on their carriage stop signs.
(c)
No alcoholic beverages are allowed in carriages.
(d)
Horse-drawn carriage stops shall be as approved and listed on the
application. Any recommendations for revisions to these stops shall
be submitted to and approved by Coordinator and the Chief of Police.
Approved stops are the only locations where the carriage operators
can pick up and drop off passengers.
(e)
Horse-drawn carriages will be allowed to operate from 8:30 a.m. to
11:00 p.m. seven days a week year-round. The Chief of Police shall
from time to time set operating times that are most acceptable in
terms of public health and safety, but no operation of carriage service
shall be allowed between the hours of 11:00 p.m. and 8:30 a.m.
(f)
No horse-drawn carriages will be allowed to operate during the annual
Tulip Time festival dates.
(g)
While carriages are in use, and for purposes of loading and unloading
horses, the operator is required to park vehicles in the northernmost
sections of public parking lot 7C, Window on the Waterfront parking
lot, or along the north side of 6th Street between College Avenue
and Columbia Avenue.
(h)
Operators may operate carriages on any streets within the Downtown Development District as defined in Section 2-98 of the Code, with the exception of 7th Street, 9th Street, River Avenue and Pine Avenue. Any recommendations for revisions to these routes shall be submitted to and approved by the Coordinator and the Chief of Police.
[7-21-2021 by Ord. No.
1797]
(b)
Upon suspension or revocation of a license, operations shall cease
with such carriages associated with such license. No person shall
permit continued operation of such carriages. The operators shall
cease to drive the carriages and no person shall employ or permit
any individual to drive the carriages.
[7-21-2021 by Ord. No.
1797]
Separately from any other remedies of the City, a person who violates this article is responsible for a Class I civil infraction and subject to a fine under Section 2-118.
