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:
Any vehicle that is drawn by horse, mule, or any other beast
of burden which may be hired for the transportation of passengers.
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.
A permit issued by the city to an individual driver of a
carriage operated by a carriage business that has a valid carriage
operator license.
A license issued by the city for the operation of a carriage
business. A license is valid for all carriages operated by a single
carriage business.
A fixed location for the loading and unloading of passengers.
(Ordinance 2020-83 adopted 10/13/20)
(a)
No
person may operate a carriage business or carriage within the corporate
limits of the city without first obtaining a valid carriage operator
license issued by the city.
(b)
Carriage
operator licenses shall be issued for an operating period beginning
on January 1st of each year and expiring on December 31st of the following
year.
(c)
The
carriage operator license may be issued by the city manager 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,
carriage stands, and equipment.
(5)
Proposed hours of operation.
(6)
Proposed routes and map thereof.
(7)
Statement acknowledging compliance with best practices for the care
of draft animals, carriage maintenance, and all other logistical and
operational activities, including sanitary plans for the collection
and disposal of manure and excrement.
(8)
A copy of the carriage operator license shall be maintained at the
carriage stand during hours of operation and in all operating carriages.
(9)
Carriage operator licenses are not transferable.
(10)
The carriage operator license operator shall provide the city a list
of all drivers for appropriate background screening by the city.
(11)
The carriage operator shall sign all legal disclaimer forms required
by the city.
(12)
The annual fee for a carriage operator license shall be established
by the city’s master fee schedule.
(Ordinance 2020-83 adopted 10/13/20)
(a)
No
person may drive a carriage upon the public streets of the city without
first obtaining a valid carriage driver permit issued by the city.
(b)
Carriage
driver permits shall be issued for an operating period beginning on
January 1st of each year and expiring on December 31st of the following
year.
(c)
A
carriage driver permit may be issued by the city manager or his designee
upon approval of an application that has the following minimum components:
(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.
(Ordinance 2020-83 adopted 10/13/20)
(a)
A
carriage operator licensee shall pay, and by its acceptance of a license
specifically agrees to pay, any and all damages or penalties which
the city may be legally required to pay as a result of the carriage
operator 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 city.
(b)
A carriage operator licensee shall also pay all expenses incurred by the city 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 city.
(c)
The
carriage operator licensee shall maintain, throughout the term of
the permit, liability insurance insuring the city and the licensee
with regard to all damages mentioned in the subsections above caused
by the carriage operator licensee or its agents, in the minimum amounts
required by the city’s purchasing department:
(1)
The insurance policies obtained by a carriage operator licensee in
compliance with this section shall be insured by a company or companies
acceptable to the city 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 city during the term
of the permit. The policies shall name the city 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 city at least thirty (30) days in advance of the effective
date thereof.
(Ordinance 2020-83 adopted 10/13/20)
The following provisions apply to the operation of carriages
and carriage stands within the city:
(1)
A
carriage must display a valid carriage permit issued by the city and
have it permanently affixed to the carriage.
(2)
All
drivers must display a valid carriage driver permit issued by the
city on their person.
(3)
Carriages
must be equipped with devices to prevent manure and other excrement
from falling on city streets. Any excrement that should fall on a
city street shall be removed at the expense of the carriage operator
licensee and disposed of in a manner consistent with all health and
sanitation standards and laws.
(4)
Carriages
are prohibited from operating during the hours from 2:00 a.m. until
8:00 a.m.
(5)
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.
(6)
A
person operating a carriage on a roadway has the rights and duties
applicable to the operator of a vehicle under state law or city ordinance,
except a right or duty that by its nature cannot apply to a person
operating a vehicle drawn by an animal.
(7)
Carriage
drivers may not consume alcohol while operating a carriage and may
not operate a carriage while intoxicated by alcohol or any other substance.
(8)
The
maximum load in any carriage drawn by a single draft animal shall
follow best practices.
(9)
The
driver of a carriage must yield to traffic overtaking the carriage
when safe to do so.
(Ordinance 2020-83 adopted 10/13/20)
In the event of emergency, or to expedite traffic, or to safeguard
pedestrians, the city 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 2020-83 adopted 10/13/20)
Carriage businesses contracted for exclusive activities that
include weddings, funerals, private parties, or private events are
exempt from the provisions in this section.
(Ordinance 2020-83 adopted 10/13/20)
All licenses and permits may be revoked by the city manager
or his designee for failure to comply with any provision of this article
or upon a series of valid complaints that have not been rectified
by the operator after sufficient time to cure has elapsed. 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 city deposits it in the U.S. mail.
(Ordinance 2020-83 adopted 10/13/20)
