This chapter shall be known and may be cited as the "Horse-Drawn Carriage Ordinance."
For the purpose of the provisions of this chapter, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:
HORSE-DRAWN CARRIAGE A vehicle which has passenger carrying capacity and is drawn by a horse(s) controlled by an operator.
OPERATOR The person who is in control of the horse(s).
OWNER The person to whom a license is issued.
POLICE CHIEF The Royal Oak Police Department Police Chief or his or her designated representative.
TRANSPORT VEHICLE A trailer towed by a vehicle or a vehicle designed for the transport of a horse or horses and used to transport horses.
No person shall operate a horse-drawn carriage engaged in the business or service of transporting passengers upon any street, road, highway or alley within the City of Royal Oak without first obtaining a license from the Royal Oak City Clerk's office.
An applicant denied a
license pursuant to §
388-4 may appeal to the City Commission in writing, stating reasons why the
license should be granted. The City Commission may grant a
license following review of the written appeal.
No license issued pursuant to this chapter shall be assignable or transferable, nor shall any person, excepting the person to whom the license was issued, be permitted to operate said service directly or indirectly.
The horse-drawn carriage shall at all times when in use as such:
A. Display adequate headlights, taillights and turn signals as approved by the Police Chief, and be equipped with any other such safety devices as are required by the State of Michigan.
B. Display, visible to each side at night, a light as determined by the Police Chief.
C. Display a reflectorized slow-moving vehicle emblem in conformance with Section 5.77 of the Uniform Traffic Code.
D. Be equipped with seats for the operator and all passengers.
E. Seat not more than six adult occupants, or not more than six children under the age of 12 and one adult occupant, in addition to the operator.
F. Not be wider than eight feet, which includes fenders, running boards, and safety mirrors and devices.
G. Maintain a rubber surface on the wheel traction surface.
The operator shall be responsible for determining that the horse(s):
A. Is fitted with a device to catch all manure or solid waste except when inside the transport vehicle.
B. Is attended at all times, including when loading and discharging passengers.
C. Has received a valid certificate of health or veterinarian certificate which shall be filed with the City Clerk's office annually.
D. From April 1 to November 1 of each year, be shod with nonmetallic shoes. Horses may be shod with metallic and borium during the period of November 1 to April 1. The borium is to be not more than 1 1/2 inches wide and 3/8 inch thick at the toe and one inch wide and 3/8 inch thick at the heel of the shoe.
E. Is not subject to any cruel or harassing treatment.
The operator of the horse-drawn carriage shall:
A. Be subject to all state and City traffic laws applicable to motor vehicles.
B. Possess a valid state operator's license.
C. Require all passengers to be seated except when loading or discharging.
D. Not operate the carriage when a passenger is in possession of an alcoholic beverage in a container which is open or uncapped or which has a broken seal.
E. Flush all liquid waste from the horse immediately with water and spray with the appropriate chemical as approved by the Police Chief to eliminate all noxious odors and bacteria.
F. Not be required to give a person or persons a ride in the carriage on demand of said person as long as such refusal is not based on religion, race, color, national origin or sex.
G. Not operate during those days and times of day nor operate upon those streets, public places and quasi-public places prohibited by regulations or rules promulgated by the Royal Oak City Commission.
H. Be in control of the horse(s) at all times.
I. Comply with all state laws, local ordinances, City rules and regulations, and agreements entered into in consideration for the issuance of the license.
No horse used in the business of horse-drawn carriages shall be stabled overnight within the limits of the City.
Horses shall not be loaded into or unloaded out of their transport vehicle on a public right-of-way or in a residential zone district.
Application to renew a license shall be filed at least 45 days prior to the date of expiration and be accompanied by the annual fee as set by resolution of the City Commission.
Each business which is licensed to operate a horse-drawn carriage service within the City shall operate in accordance with all applicable laws and regulations of the City of Royal Oak and State of Michigan. Upon any violation of this chapter, pursuant to §
388-15 the City Commission may, after notice and hearing, revoke or suspend such
license.
The City Commission may revoke or suspend a license upon a determination based upon a preponderance of the evidence presented at the hearing that any of the following exists:
A. Failure to comply with rules and regulations and agreements entered into in consideration for the issuance of the license.
B. Violations of state laws or local ordinances.
C. Maintenance of a nuisance in connection with the operation of this service, including, but not limited to, any of the following:
(1) Failure to maintain the roadway in a clean and sanitary condition.
(2) A pattern of patron conduct which is in violation of the law and/or disturbs the peace, order and tranquility within the City.
(3) Any advertising, promotion or activity in connection with the licensed service which causes, creates or contributes to the disruption of normal activity for those in the neighborhood of the licensed activity.
The City Commission retains the right to terminate the use of City streets, roads, highways, and alleys for such service and can revoke all licenses issued under this chapter at any time without cause upon 30 days' written notice to the owner.
No horse-drawn carriage service shall be allowed between the hours of 1:00 a.m. and 10:00 a.m.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500 or be imprisoned for a period not exceeding 90 days, or be both so fined and imprisoned, in the discretion of the court.