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 that is drawn by horse, mule, or any other beast
of burden which may be hired for the transportation of passengers
and is connected to a carriage business.
Carriage business.
Any person or business that operates commercial 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 city to an individual driver of a
carriage operated by a carriage business that has a valid carriage
operator license.
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.
Carriage stand.
A fixed location for the loading and unloading of passengers.
City.
The city of Bellville, Texas.
(Ordinance 1712 adopted 3/19/2024)
(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.
(c)
The carriage operator license may be issued by the city 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,
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 as listed in appendix
A, fee schedule.
(Ordinance 1712 adopted 3/19/2024)
(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.
(c)
A carriage driver permit may be issued by the city administrator
or his designee upon approval of an application that has the following
minimum components:
(1)
Employment by a carriage business holding a valid carriage operator
license issued by the city;
(2)
Full legal name of applicant;
(3)
Date of birth of applicant;
(4)
Valid driver's license number and issuing state;
(5)
Home address of applicant; and
(6)
Home telephone number of applicant.
(7)
The annual fee for a carriage driver permit shall be $25.00.
(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.
(Ordinance 1712 adopted 3/19/2024)
(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 administrator:
(1)
The insurance policies obtained by a carriage operator licensee
in compliance with this section shall be insured by a company or companies
duly licensed to write business in the state and rated A- or better
by A.M. Best. 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 1712 adopted 3/19/2024)
The following provisions apply to the operation of carriages
and carriage stands within the corporate limits of 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 and any additional
lighting that ensures the back of the carriage is visible from a distance
of 500 feet. 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 1712 adopted 3/19/2024)
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;
(3)
Defined areas of operation.
(Ordinance 1712 adopted 3/19/2024)
Carriage businesses contracted for exclusive activities that
include weddings, funerals, private parties, or private events are
exempt from the provisions in this section.
(Ordinance 1712 adopted 3/19/2024)
All licenses and permits may be revoked by the city administrator
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 1712 adopted 3/19/2024)