[HISTORY: Adopted by the City Commission of the City of Royal Oak 10-18-1993
by Ord. No. 93-14. Amendments noted where applicable.]
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:
A vehicle which has passenger carrying capacity and is drawn by a
horse(s) controlled by an operator.
The person who is in control of the horse(s).
The person to whom a license is issued.
The Royal Oak Police Department Police Chief or his or her designated
representative.
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.
A.
Application. Application for initial licenses as well
as renewal shall be made upon forms as provided by the City to the City Clerk's
office with the accompanying license fee as set by the City Commission.
B.
Investigation. Upon receipt of such application, the
City Clerk will refer same to the Police Chief who shall cause a thorough
investigation, including a history of past business experience and state or
local law violations, if any, of the owner and operators of the service.
C.
The Police Chief shall recommend denial or approval of an application within 30 days. In making such determination the Police Chief shall review the information provided pursuant to Subsection B and shall also consider:
(1)
Penal history. All applicant's convictions, the reason
therefor, and the demeanor of the applicant subsequent to his or her release.
(2)
License history. The license history of the applicant
and his or her employees; whether such person has been previously licensed
as a carriage service, has had such license revoked or suspended; the reasons
therefor; and the demeanor of the applicant subsequent to such action.
(3)
The number of licenses currently issued by the City to
determine if an additional license(s) would or could cause a nuisance to the
residents and/or businesses in the area of the proposed service, or could
or would be detrimental to the health, safety, or welfare of the citizens
of the City.
D.
All horse-drawn carriage licenses expire at 12:00 midnight
on December 31 of each year.
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.
A.
The owner of the service shall provide insurance in at
least the following minimum amounts, with the City named as an insured on
all policies other than workers' compensation insurance:
B.
The licensee shall provide general liability coverage
on "Comprehensive General Liability" forms and shall provide the following
coverage for premises: liability, personal injury liability, products liability
and horse or horses liability. Insurance certificates evidencing all such
insurances shall be deposited with the City and shall indicate the City as
an additional named insured. Certificates of insurance shall also be provided
for workers' compensation insurance. All certificates of insurance shall contain
a clause requiring ten-day notice of cancellation to the City prior to the
cancellation of any insurance coverage.
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.
A.
No license may be revoked or suspended until after due
notice and hearing before the City Commission or a hearing officer appointed
by the Commission to determine if grounds for revocation or suspension exist.
Notice of the hearing shall be in writing and served at least 10 days prior
to the date of the hearing by serving the owner by first class mail at the
address on the license application.
B.
The notice shall contain the following:
(1)
The date, time and place of hearing.
(2)
Notice of the proposed action.
(3)
Reasons for the proposed action.
(4)
The names of witnesses known at the time who will testify.
(5)
A statement that the licensee may present evidence on
his or her behalf and confront and cross-examine witnesses against him or
her.
(6)
A statement requiring the licensee to notify the City
Attorney's office at least three days prior to the hearing date if they intend
to contest the proposed action and to provide the names of witnesses, known
at that time, who will testify on the licensee's behalf.
C.
Written notice of revocation or suspension together with
the reasons therefor shall be given by the City Clerk to the licensee by first
class mail at the address on the application.
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.
A.
The Police Chief shall make rules and regulations he
also deems necessary to maintain safe and efficient operations of horse-drawn
carriages within the City of Royal Oak.
B.
The Police Chief shall set carriage routes and designate
areas as carriage stops. All licensees shall obey such routes and stop only
at such designated areas to load and unload passengers.
C.
The Police Chief, upon completing his investigation,
and being satisfied that all provisions of this chapter and corresponding
rules and regulations have been met, shall direct the City Clerk's office
to issue a license.
D.
Whenever the Police Chief finds on the basis of the weather
or any other extenuating circumstance which poses a threat to carriage occupants,
operators or horses, and/or requires motor vehicle traffic be expedited, the
Police Chief shall order the immediate cessation of carriage rides until such
time as the existing condition subsides and allows for the normal resumption
of the service.
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.
