The council finds and declares as follows:
A.
The
use of animal-drawn conveyances for the transporting of tourists over
city streets, as defined in this chapter, serves the general welfare,
if such operation is properly regulated.
B.
Without
proper regulation, animal-drawn conveyances may cause traffic hazards
and congestion, street pollution from the animal droppings, health
hazards for the city residents and the animals, and unsightliness.
C.
It is
therefore necessary to regulate such operations in such a manner as
to obtain their benefits for the city while minimizing the problems
encountered.
(Ord. 613 Ex. A, 1987)
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means any device by which any person or persons may be propelled,
moved or drawn upon a road, except a device moved by human power.
means any nonhuman living creature used in whole or part
as the motive force for a conveyance.
means any person whose duties include control of an animal-drawn
conveyance, including controlling its draft animal or animals.
means a person duly licensed by the state as a veterinarian,
and actively engaged in the practice of veterinary medicine as defined
in Section 4826 of the Business and Professions Code.
is the architectural or general historical period visual
concept adopted by the city council as the theme or motif for the
city.
(Ord. 613 Ex. A, 1987)
It is unlawful for any person to operate any type of conveyance
for hire for which an animal or animals are the primary motive power
(animal-drawn conveyance), on any streets or roads within the city
limits without first obtaining, and thereafter maintaining in good
standing:
A.
An animal-drawn
conveyance operating permit, issued pursuant to this chapter;
C.
Written
verification from a veterinarian certifying that the horses, mules
or other draft animals to be used are healthy, fit and able to pull
the fully loaded conveyance.
(Ord. 613 Ex. A, 1987)
The permit requirements of this chapter shall not apply to the
use of an animal-drawn conveyance for special events, such as a parade,
wedding or funeral; provided, that during the event rides in the conveyance
are not being offered to the general public nor being charged for.
(Ord. 613 Ex. A, 1987)
An application for an animal-drawn conveyance operating permit
shall be made to the finance director on a form approved by the city
council, and shall contain all information necessary to fulfill the
purposes of this chapter, including but not limited to:
A.
The
name, business address, home address and telephone number of the person
or persons applying for the license, and in the case of a partnership,
joint venture, corporation or other entity, the names, business addresses,
home addresses and telephone numbers of the general partners, officers
and directors, or other responsible parties in charge;
B.
Photographic
prints, in color, at least three inches by five inches in size, clearly
depicting a side and a front view of each conveyance to be covered
by the license, the animals to be used to draw the conveyance and
any costumes to be worn by the operators;
C.
A map
showing the proposed routes of the conveyances, the locations at which
passengers are to be picked up and dropped off, the place where the
draft animals will be fed and kept or stabled when not in use, and
the locations where the conveyances will be kept when not in use;
D.
A schedule
of the proposed days and hours of operation of each conveyance;
E.
The
names, addresses and telephone numbers of the veterinarian(s) who
will be called to care for any draft animal which requires a veterinarian's
care;
F.
A list
of all drivers to be utilized by the applicant, including each driver's
California drivers license number;
G.
For
each conveyance, the unloaded weight, the number of axles and wheels,
the safety and firefighting equipment to be kept onboard (including
but not limited to braking methods, lights, and turn indicators),
the maximum number of passengers, and the type and number of draft
animals to be used in the pulling of the conveyance;
H.
The
tools, equipment, means and procedures to be used to keep the streets
free at all times from droppings of the draft animals; the place or
places where such droppings are to be stored, if stored before final
disposal; and the places and methods of final disposal of such droppings.
(Ord. 613 Ex. A, 1987)
Applications shall be reviewed in light of all the facts relevant
to the purposes of this chapter, including but not limited to the
items listed in this section. Issuance of the operating permit by
the finance director shall only be after the city manager, public
works director, police chief and fire chief have all reviewed the
application and signed it as conforming to known laws, statutes, regulations
and considerations listed in this section:
A.
The
operation shall comply with the specific requirements of this chapter
and the business license chapter;
B.
The
general appearance of the conveyance and drivers shall comply with
any theme or motif adopted by the city council for the area to be
served by the conveyance;
C.
The
chief of police or designate shall inspect the conveyance to insure
that it complies with all regulations of the Department of Motor Vehicles
and is in safe operating condition;
D.
The
chief of police or designate shall verify that the drivers listed
on the application do possess valid California driver's licenses and
that they are able to operate the conveyance in a manner which will
assure the safety of the animals, the passengers and other users of
the streets;
E.
The
chief of police and the public works director, or their designates,
shall review the routes proposed and may deny approval of the application
or may require any modifications necessary to ensure minimum interference
with vehicular and pedestrian traffic and vehicular parking;
F.
Permits
issued under this chapter shall not be sold, assigned or transferred,
and shall cover only the permittee to whom they are issued;
G.
Nothing
in this chapter shall require the granting of an operating permit
and the city council may limit the number, times and routes of such
animal-drawn conveyances by resolution in order to best meet the purposes
of this chapter.
(Ord. 613 Ex. A, 1987)
A.
No animal-drawn
conveyance shall be left unattended on the public right-of-way at
any time.
B.
Operators
(or the drivers or attendants with them) shall ensure that all animal
droppings deposited on the public rights-of-way or any private property
within the city are immediately cleaned up.
C.
In addition
to the inspection of the draft animals by a veterinarian required
as a part of the application process, each operator must submit verification
of a similar inspection at permit renewal time each calendar year,
and shall make available to the city upon twenty-four hours notice
any draft animal specified by the public works director for inspection
by a veterinarian of the city's choice.
(Ord. 613 Ex. A, 1987)
A.
Any
permit issued pursuant to this chapter may be suspended for a specified
or indefinite period by the city manager whenever the city receives
a written opinion from a veterinarian that any animal used by the
operator is under excessive physical stress, is malnourished, is not
in sound condition, or is otherwise unhealthy such that continued
use of the animal would pose a threat to the animal, the passengers,
or members of the public; whenever the operator fails to allow examination
of one of the draft animals by a cityselected veterinarian upon twenty-four
hours notice. Such suspension shall be effective immediately upon
the service of written notice from the city manager to the permittee
or driver.
B.
Any
permit issued pursuant to this chapter may be revoked by the city
manager if he or she finds that the operation of the conveyance or
any activity related to such operation constitutes a nuisance, poses
a threat to the public health, safety of welfare, or would have been
grounds for denial of the permit application. The permit may be revoked
only after the permittee is allowed an informal hearing before the
city manager. Such hearing shall occur at least five days after written
notice has been served on the permittee informing him or her of the
time and place of the hearing and of the grounds for revocation being
invoked. The notice may be served personally or by certified mail,
return receipt requested, to the last known address of the permittee.
C.
Any
interested party may appeal any decision of the city manager under
this chapter to the city council by filing a written appeal within
ten days after the mailing of notice of the city manager's decision
to the last known address of the permittee, and upon payment of the
appeal fee specified by council resolution. In considering the appeal,
the council may affirm, revoke or modify the city manager's decision
in whole or in part, and consider any other matters it deems pertinent.
The council's decision shall be final.
(Ord. 613 Ex. A, 1987)
A.
As a
condition to receiving his or her permit, every permittee shall execute
an agreement holding the city and its employees and agents harmless
from any liability arising from the use of the permit.
B.
Every
permittee, at his or her sole cost and expense and during the entire
term of his or her permit or any renewal thereof, shall obtain and
maintain all of the following minimum insurance requirements:
1.
Comprehensive
general liability insurance with a minimum of one million dollars
combined single limit for bodily injury and property damage;
2.
Comprehensive
automobile coverage for any and all motor vehicles used in the conduct
of the business covered by the permit, with a minimum limit of one
million dollars combined single limit for bodily injury and property
damage. This coverage shall apply to all loaned, leased, hired and
nonowned motor vehicles used in the business;
4.
All policies shall contain the same endorsements as prescribed by Section 5.44.090(D) of this title.
(Ord. 613 Ex. A, 1987)
Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and subject to the penalty provided for in Section 1.16.020 of this code.
(Ord. 613 Ex. A, 1987)
The fees for permits issued pursuant to this chapter shall be
established by the city council by resolution. Such fees shall be
annually reviewed during the council's review of the city's annual
budget and the fees may be amended only after a properly noticed public
hearing is held to consider same. Except for permits issued for less
than one year, each permit shall expire on December 31st. The resolution
shall specify a minimum permit fee, regardless of quarterly proration,
in order to cover the administrative costs of processing permit applications.
(Ord. 613 Ex. A, 1987)
