The following words and phrases, when used in this article, shall, for purposes of this article, have the meanings respectively ascribed to them in this section:
Carriage.
Any vehicle which is drawn by horse, mule, or any other beast of burden which may be hired for the transportation of passengers.
Carriage business.
Any person or business that operates carriages, wagons, carts, or any other vehicles which are drawn by horse, mule, or any other beast of burden for the purpose of transporting passengers for hire.
Carriage driver permit.
A permit issued by the Town of Highland Park to an individual driver of a carriage operated by a carriage business that has a valid carriage license.
Carriage license.
A license issued by the Town of Highland Park for the operation of a carriage business. A license is valid for all carriages operated by a single carriage business.
Carriage registration.
A registration permit issued for a specific carriage operated by a carriage business that has a valid carriage license.
Carriage stand.
A fixed location for the loading and unloading of passengers.
(Ordinance 1763 adopted 9/8/08)
(a) 
No person may operate a carriage business within the corporate limits of the Town without first obtaining a valid carriage license issued by the Town.
(b) 
Carriage licenses shall be issued for an operating period beginning on April 1st of each year and expiring on March 31st of the following year.
(c) 
The carriage license may be issued by the Town Administrator or his designee upon approval of an application that has the following minimum components:
(1) 
Name of all persons or business entities that own or control the carriage business.
(2) 
List the number and type of carriages to be used.
(3) 
Proof of insurance meeting the requirements set forth in this article.
(4) 
Proposed areas for loading and unloading carriages, draft animals, and equipment.
(5) 
Proposed locations for carriage stands to include documentation of the following requirements:
(A) 
Carriage stands are established by private agreement with property owners. A copy of this agreement shall be submitted with this application;
(B) 
Carriage stands should allow adequate area for the staging of carriages, loading and unloading of passengers, care of draft animals, and customer parking; and
(C) 
Carriage stands shall comply with all laws, ordinances, and zoning regulations of the jurisdiction in which they are located.
(6) 
Proposed hours of operation.
(7) 
Proposed plans for the care of draft animals during operational hours.
(8) 
Proposed sanitary plans for the collection and disposal of manure and excrement.
(9) 
Proposed routes and map thereof.
(10) 
Proposed rates for service.
(d) 
A copy of the carriage license shall be maintained at the carriage stand during hours of operation.
(e) 
Carriage licenses are not transferable.
(f) 
The annual fee for a carriage license shall be established by Town Council resolution in the form of the Town’s miscellaneous fee schedule.
(Ordinance 1763 adopted 9/8/08)
(a) 
No person may operate a carriage in a carriage business within the corporate limits of the Town without first obtaining for said carriage a registration issued by the Town.
(b) 
Carriage registrations shall be issued for an operating period beginning on April 1st of each year and expiring on March 31st of the following year.
(c) 
The carriage registration may be issued by the Town Administrator or his designee upon approval of an application that has the following minimum components:
(1) 
Proof of a valid carriage license issued by the Town for the carriage business operating the carriage;
(2) 
Description of carriage to include color, make, seating capacity, and any identifying numbers or marks.
(d) 
The carriage registration shall consist of a decal supplied by the Town to be affixed to the rear of the carriage in a manner that will be plainly visible by a vehicle operator behind the carriage.
(e) 
Carriage registrations are specific to a carriage and are not transferable.
(f) 
The annual fee for a carriage registration shall be established by Town Council resolution in the form of the Town’s miscellaneous fee schedule.
(Ordinance 1763 adopted 9/8/08)
(a) 
No person may drive a carriage upon the public streets of the Town without first obtaining a valid carriage driver permit issued by the Town.
(b) 
Carriage driver permits shall be issued for an operating period beginning on April 1st of each year and expiring on March 31st of the following year.
(c) 
A carriage driver permit may be issued by the Town Administrator or his designee upon approval of an application that has the following minimum components:
(1) 
Proof of employment by a carriage business holding a valid carriage license issued by the Town;
(2) 
Full legal name of applicant;
(3) 
All aliases and nicknames of applicant;
(4) 
Date of birth of applicant;
(5) 
Valid driver’s license number and issuing State;
(6) 
Home address of applicant; and
(7) 
Home telephone number of applicant.
(8) 
An authorization to conduct a criminal background check on the applicant along with a processing fee of $40.00.
(d) 
A carriage driver permit may be refused or revoked for:
(1) 
Failure to maintain a valid vehicle driver’s license;
(2) 
Conviction, including probation or deferred adjudication, for driving offenses involving impairment by drugs or alcohol;
(3) 
Conviction of any felony;
(4) 
Conviction of any sex crime or crime against children; and
(5) 
Conviction for any crime involving animal cruelty or neglect.
(e) 
A carriage driver permit is valid only under a single carriage license. A carriage driver may obtain an additional carriage driver permit under an additional licensed carriage business for an additional fee.
(f) 
The annual fee for a carriage driver permit shall be established by Town Council resolution in the form of the Town’s miscellaneous fee schedule.
(Ordinance 1763 adopted 9/8/08; Ordinance 1980 adopted 7/27/15)
(a) 
A carriage licensee shall pay, and by its acceptance of a license specifically agrees to pay, any and all damages or penalties which the Town may be legally required to pay as a result of the carriage licensee’s operation or maintenance of a horse-drawn vehicle under this article, whether or not the acts or omissions complained of are authorized, allowed or prohibited by the Town.
(b) 
A carriage licensee shall also pay all expenses incurred by the Town in defending itself with regard to any and all damages and penalties mentioned in subsection (a) above. The expenses shall include all out-of-pocket expenses, including a reasonable attorney’s fee and the reasonable value of services rendered by any employee of the Town.
(c) 
The carriage licensee shall maintain, throughout the term of the permit, liability insurance insuring the Town and the licensee with regard to all damages mentioned in the subsections above caused by the carriage licensee or its agents, in the minimum amounts of:
(1) 
Workers’ and unemployment compensation insurance as provided by the laws of this State.
(2) 
Two hundred thousand dollars ($200,000.00) for bodily injury or death to any one person within the limit, and two million dollars ($2,000,000.00) for bodily injury or death resulting from any one accident, and two hundred thousand dollars ($200,000.00) for property damage resulting from any one accident.
(3) 
The insurance policies obtained by a carriage licensee in compliance with this section shall be insured by a company or companies acceptable to the Town and a current certificate or certificates of insurance, along with written evidence of payment of all required premiums, shall be filed and maintained with the Town during the term of the permit. The policies shall name the Town as an additional insured and shall contain a provision that written notice of cancellation or reduction in coverage of the policy shall be delivered by registered mail to the Town at least thirty (30) days in advance of the effective date thereof.
(Ordinance 1763 adopted 9/8/08)
The following provisions apply to the operation of carriages and carriage stands within the Town:
(1) 
A carriage must display a valid carriage permit issued by the Town and have it permanently affixed to the carriage and visible from behind the carriage.
(2) 
A driver must display a valid carriage driver permit issued by the Town on their person. The carriage driver permit must be issued under the carriage license for which the driver is currently operating.
(3) 
Loading or unloading of carriages or draft animals, care or harnessing of draft animals, or any other preparatory or final operations shall not be conducted on Town streets, alleys, rights-of-way, easements, or parks.
(4) 
Carriages must be equipped with devices to prevent manure and other excrement from falling on Town streets. Any excrement that should fall on a Town street shall be removed at the expense of the carriage licensee and disposed of in a manner consistent with all health and sanitation standards and laws.
(5) 
Carriage operations are limited exclusively to the following hours during the school year for Highland Park Independent School District: 5:00 p.m. to 11:00 p.m. Sunday through Thursday and 5:00 p.m. to 12:30 a.m. the following day on Friday and Saturday. During the Highland Park Independent School District holiday break, carriage operations are limited exclusively from 5:00 p.m. to 12:30 a.m. the following day each day.
(6) 
Each carriage licensee shall maintain at least one carriage stand at a fixed location. Drivers must load and unload passengers at designated carriage stands.
(7) 
Carriage stands shall not be allowed on property zoned as residential within the Town.
(8) 
A carriage is required to be equipped with lighting and a slow moving vehicle emblem as required by State law. In addition, the draft animal must be equipped with white, amber, or yellow marker lights or reflective material visible from a distance of 500 feet from the front or sides of the animal.
(9) 
A person operating a carriage on a roadway has the rights and duties applicable to the operator of a vehicle under State law or Town ordinance, except a right or duty that by its nature cannot apply to a person operating a vehicle drawn by an animal.
(10) 
Carriage drivers may not consume alcohol while operating a carriage and may not operate a carriage while intoxicated by alcohol or any other substance.
(11) 
The maximum load in any carriage drawn by a single draft animal shall be eight individual passengers. An infant carried in the arms of an adult shall not be counted as an individual passenger.
(12) 
Passengers must remain seated while the carriage is in motion.
(13) 
The driver of a carriage must yield to traffic overtaking the carriage when safe to do so.
(Ordinance 1763 adopted 9/8/08; Ordinance 2069 adopted 10/6/20)
In the event of emergency, or to expedite traffic, or to safeguard pedestrians, the Town may regulate carriage traffic in certain areas. Notice of carriage traffic regulation will be provided to all licensed carriage businesses. This regulation may include:
(1) 
Directions of travel on specific roadways;
(2) 
Prohibited areas; and
(3) 
Defined areas of operation.
(Ordinance 1763 adopted 9/8/08)
Carriage businesses contracted for exclusive activities that include funerals, private parties, or private events are exempt from the provisions in section 12.11.006 regulating hours of operation and requirements for carriage stands.
(Ordinance 1763 adopted 9/8/08)
All registrations, licenses, and permits may be revoked by the Town Administrator or his designee for failure to comply with any provision of this article. Notice of revocation will be delivered by certified mail to the address on file for the affected carriage business and/or carriage driver. Said notice shall be deemed received three (3) business days after the date that the Town deposits it in the U.S. mail.
(Ordinance 1763 adopted 9/8/08)