The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Annual permit
means permission granted by the city commission to operate a horse-drawn carriage service within the city for a period of one year and renewable under the provisions of this article; provided, however, that permission granted is neither expired nor revoked.
Application
means a written request required for an annual permit or transfer of annual permit.
Carriage
means a four-wheeled passenger vehicle pulled by a horse.
Carriage horse
means any horse which is used by its owner or other person to pull any carriage. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed to be a carriage horse for the purposes of this article.
City manager
means the city manager, his authorized representative, or his designated representative.
Holder
means a person who is granted an annual permit under this article.
Horse-drawn carriage service
means a service offered to a passenger as transportation under this article.
Operating authority
means an annual permit under this article.
Street or streets
means any street, alley, avenue, boulevard, drive, public way or highway commonly used for the purpose of public travel within the corporate limits of the city.
Veterinarian
means a person licensed to practice veterinary medicine in the state.
Work.
A horse and carriage is considered to be "at work" when it is out of its stable and presented to the public as being available for pulling carriages.
(Code 1973, § 29-131; Code 1997, § 118.075; Ordinance 89-83, adopted 12/6/1989)
(a) 
The permit holder shall have in possession and available for review valid health certificates issued by a veterinarian for all carriage horses.
(b) 
All carriage horses shall be diapered during work.
(Code 1973, § 29-140; Code 1997, § 118.084; Ordinance 89-83, adopted 12/6/1989)
A person shall not operate a horse-drawn carriage service within the city without first securing operating authority (permit) granted under this division.
(Code 1973, § 29-132; Code 1997, § 118.076; Ordinance 89-83, adopted 12/6/1989)
Before a permit is granted under this division, the application for the permit must be reviewed and approved by the city commission. The granting of the permit is at the discretion of the city commission but will not be granted unless the applicant is fit, willing, and able to operate the horse-drawn carriage service in accordance with the requirements of this division, provisions of the permit, or other applicable law.
(Code 1973, § 29-133; Code 1997, § 118.076; Ordinance 89-83, adopted 12/6/1989)
The authority to grant or deny an annual permit, to renew or deny renewal of annual permit, or to revoke an annual permit shall be vested exclusively with the city commission. Upon approval of an application for a permit by the city commission, the permit holder is authorized to operate horse-drawn carriages carrying passengers for hire on certain public streets of the city for a period of one year beginning on the date as stated on the permit and upon the terms and conditions contained in this division, as may be amended, or as contained in the annual permit.
(Code 1973, § 29-134; Code 1997, § 118.078; Ordinance 89-83, adopted 12/6/1989)
(a) 
To obtain an annual permit, a person shall make application to the city commission in the manner prescribed by this section. The applicant must be the person who will own, control, or operate the proposed horse-drawn carriage service. An applicant shall file with the city secretary a written, sworn application containing the following:
(1) 
The form of business of the applicant; if the business is a corporation or association, a copy of the documents establishing the business and the name, address, and citizenship of each person with a direct interest in the business.
(2) 
Name, address, and verified signature of the applicant.
(3) 
Number and description of the horses and carriages the applicant proposes to use in the operation of the horse-drawn carriage service, description of the operations of the proposed horse-drawn carriage service, and the location of the fixed facilities to be used in the operation.
(4) 
The proposed routes and times of operation and the proposed signalization of the carriage.
(b) 
If approved by the city commission, only the activities requested on the application will be permitted.
(Code 1973, § 29-135; Code 1997, § 118.079; Ordinance 89-83, adopted 12/6/1989)
(a) 
An annual permit shall be automatically renewed unless the city manager notifies the holder prior to the renewal date of his intention to recommend denial of the permit renewal based on his determination that:
(1) 
The holder has demonstrated a history of noncompliance with permit provisions, horse-drawn carriage regulations, or other law;
(2) 
The holder has demonstrated it is not fit, willing, or able to continue to operate the horse-drawn carriage service in accordance with permit provisions, applicable provisions or this division, department regulation, or other law; or
(3) 
Public convenience or necessity do not require the continued operation of the horse-drawn carriage.
(b) 
If the city manager determines that a denial of a permit renewal or material change in the terms or conditions of the permit is required for the public convenience and necessity, or if a holder requests a material change in the terms of conditions of the permit, the city manager shall submit a written report to the city commission for consideration.
(Code 1973, § 29-136; Code 1997, § 118.080; Ordinance 89-83, adopted 12/6/1989)
(a) 
A holder of an annual permit shall pay the city annual permit fee as established in the city fee schedule in chapter 18 for each carriage authorized by the permit.
(b) 
A permit shall be considered delinquent when not paid by the tenth business day of the month it is due. All delinquent permits shall automatically expire on the tenth business day of the following month it was due.
(Code 1973, § 29-137; Code 1997, § 118.081; Ordinance 89-83, adopted 12/6/1989)
(a) 
The permit holder shall not engage in a horse-drawn carriage service unless it provides and maintains, at its own expense, for the term of this permit, insurance with a combined single limit for bodily injury and property damage of $500,000.00; the type shall be a comprehensive general public liability to include, but not be limited to, the following:
(1) 
Premises/operation.
(2) 
Independent contractors.
(3) 
Personal injury.
(4) 
Products/completed operations.
(5) 
Contractual liability.
(6) 
Operation of horse-drawn carriages.
(b) 
The permittee further agrees that, with respect to the above-required insurance, the city shall be:
(1) 
Named as the additional insured.
(2) 
Provided with a waiver of subrogation.
(3) 
Provided with 30 days advance notice in writing of cancellation or material change.
(4) 
Provided with certificates of insurance evidencing the above-required insurance prior to the commencement of the permit.
(c) 
Certificates of insurance shall be provided to the city manager or his designated representative.
(Code 1973, § 29-138; Code 1997, § 118.082; Ordinance 89-83, adopted 12/6/1989)
No certificate or permit issued under the terms of this division shall be transferable or assignable without the written consent and approval of the city commission after written application has been made to the city commission therefor.
(Code 1973, § 29-139; Code 1997, § 118.083; Ordinance 89-83, adopted 12/6/1989)