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(a) The application for a carriage business license shall be made to the Commissioner on forms to be prescribed by the Commissioner, and shall contain the following information:
(1) The name and business address of the applicant, and if a corporation or partnership, the name and address of any person owning directly or indirectly five percent (5%) or more of the ownership interest in said business;
(2) The number of carriages to be operated by the carriage business;
(3) A schedule of rates and charges to be made to passengers;
(4) A statement signed by the applicant that the applicant will operate the carriage business strictly in accordance with the provisions of this chapter and other applicable provisions of these Codified Ordinances;
(5) The route map and operations schedule described in Section 447.06;
(6) Such other information as the Commissioner may require.
No carriage business license shall be issued to an owner of a carriage business if the applicant has been convicted of a felony, or of a violation of any law involving theft or any form of stealing, or of any crime involving moral turpitude that is reasonably related to the business license referred to herein, unless such conviction occurred more than five (5) years prior to the application date. No carriage business license shall be issued to an owner of a carriage business who makes a false statement in connection with an application for a business license. No carriage business license shall be issued to a business which will transport persons for hire in horse-drawn carriages until an officer of the Cleveland Police Mounted Unit has inspected every horse that will pull such carriages and has determined that each horse complies with the requirements of division (n) of Section 447.08. After a carriage business license has been issued to a business which transports persons for hire in horse-drawn carriages and a new horse is acquired for such purpose, the licensee shall have the new horse inspected by an officer of the Cleveland Police Mounted Unit to determine that the horse complies with the requirements of division (n) of Section 447.08 prior to using the horse in the business.
(b) The application for a carriage license shall be made to the Commissioner on forms to be prescribed by the Commissioner, and shall contain the following information:
(1) The name and address of the carriage’s owner;
(2) The number of persons the carriage is capable of carrying; and
(3) Such other information as the Commissioner may require.
(c) No carriage other than a horse-drawn carriage shall be licensed until the Commissioner has inspected the carriage and no horse-drawn carriage shall be licensed until an officer of the Cleveland Police Mounted Unit has inspected the carriage. Any such inspection shall determine that, consistent with the standards set forth herein, the carriage is clean, sightly, and in such condition as to be completely safe for the transporting of passengers. Only those carriages which contain the following equipment may be licensed:
(1) On the rear of the carriage, brakes, brakelights, taillights, and turn signals;
(2) On each side of the front of the carriage, lights that emit light to the front and to the side, and that are visible from a distance of five hundred (500) feet; and
(3) Attached to the rear of the vehicle, a “slow-moving vehicle” sign approved by the State of Ohio.
(d) The application for a carriage operator’s license shall be made to the Commissioner on forms to be prescribed by the Commissioner, and shall contain the following:
(1) A statement signed by the applicant that the applicant is:
A. Licensed by the State of Ohio to operate a motor vehicle;
B. At least eighteen (18) years of age;
C. Able to speak, read, and write English:
D. Free of hearing, vision, and other problems that would render the applicant unable to safely operate a horse-drawn vehicle; and
E. Free of drugs and alcohol addiction.
(2) The type or types of carriage the applicant will be driving;
(3) Written evidence, satisfactory to the Commissioner, of experience in driving the type or types of carriage specified in division (d)(2) of this section or of successful completion of a course in such driving, or both;
(4) Two (2) front face photographs of the applicant taken within thirty (30) days of the date of the application. The photographs shall be two (2) inches by two (2) inches in size;
(5) A list of all criminal or city ordinances violated, convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations, within the last five (5) years.
(e) Each applicant for a carriage operator’s license shall be examined by a person designated by the Commissioner as to the applicant’s knowledge of the City Traffic Code and geography of the City. If the result of the examination is unsatisfactory, the applicant shall be refused a license.
(f) No carriage operator’s license shall be issued if the applicant has been convicted of any of the following offenses:
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating liquors or drugs, unless such conviction occurred more than five (5) years prior to the application date;
(3) Failure to stop and render aid as required by the laws of this state, or leaving the scene of an accident contrary to the laws of this state, unless such conviction occurred more than five (5) years prior to the application date;
(4) Conviction of a felony, or of the violation of any law involving violence, theft or any form of stealing, or of any crime involving moral turpitude that is reasonably related to the license referred to herein, unless such conviction occurred more than five (5) years prior to the application date;
(5) Conviction, or forfeiture of bail, not vacated, upon three (3) charges of a violation of the motor vehicle laws of this state within a period of twelve (12) months;
(6) Repeated violations of the City ordinances which affect the safety of human life or limb on the streets of the City.
(g) No carriage operator’s license shall be issued to an applicant who makes a false statement in connection with an application for a carriage operator’s license.
(Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)
The following license fees shall be paid to the Commissioner when the applications to which they apply are submitted:
(a) Carriage Business License.
Initial license fee | $150.00 |
Annual renewal fee | $150.00 |
(b) Carriage License.
Initial license fee per vehicle | $70.00 |
Annual renewal fee per vehicle | $70.00 |
(c) Carriage Operator’s License.
Initial license fee | $10.00 |
Annual renewal fee | $10.00 |
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) No person shall operate a carriage business or a carriage, nor shall any carriage business or carriage license be issued until the applicant deposits with the Commissioner a policy or certificate of liability insurance for each carriage for which a license is sought, acceptable to and approved by the Commissioner and the Director of Law, insuring the applicant against property damage and personal injury liability in the following amounts: not less than five hundred thousand dollars ($500,000.00) for injuries, including accidental death, to any one (1) person, not less than one million dollars ($1,000,000.00) on account of one (1) occurrence involving injury to more than one (1) person, and five hundred thousand dollars ($500,000.00) for property damage. The license shall expire upon the lapse or termination of the policy of insurance.
(b) The policy of insurance required by this section shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon. If at any time, in the judgment of the Commissioner, the policy is not sufficient for any cause, the Commissioner may require the policy to be replaced with another approved by the Commissioner and the Director of Law.
(Ord. No. 599-11. Passed 6-6-11, eff. 6-13-11)
(a) A carriage business shall operate only upon routes and under schedules which have been submitted to and approved by the Director of Public Works and the Police Traffic Commissioner.
(b) The route map and operations schedule shall be filed with the application for a carriage business license and shall contain the following:
(1) A map of the tour routes on which the business' carriages will operate;
(2) The location of any curbside areas to be designated as zones for pickup and discharge of passengers; and
(3) With respect to horse-drawn carriages, the location of the site or sites to be used for off-street storage, stabling, and loading of carriages and horses.
(c) The Director of Public Works and the Police Traffic Commissioner may reject any route map and operations schedule, the implementation of which would result in the unsafe use of public rights-of-way or an unreasonable impediment to the orderly flow of traffic.
(d) The licensee may file with the Commissioner of Assessments and Licenses additional routes from time to time, provided that they have first been submitted to and approved by the Director of Public Works and the Police Traffic Commissioner.
(e) Nothing in this section shall be construed to prohibit a licensee from operating on special routes for special events, including without limitation weddings, dinner-and-theater packages, concerts and other performances, provided that the routes have first been submitted to and approved by the Director of Public Works and the Police Traffic Commissioner.
(f) Upon receipt of an application, the Commissioner of Assessments and Licenses shall notify the Council Member or Members in whose ward or wards a carriage business intends to operate for their written recommendation of approval. No license shall be issued until the expiration of thirty (30) days from the date of the notice, unless the period of thirty (30) days is expressly waived by the Council members in writing.
(Ord. No. 481-13. Passed 4-29-13, eff. 5-1-13)
(a) It is hereby determined that in order to prevent disruption of the use of public rights-of-way within the Downtown Area by motor vehicles and pedestrians, the number of carriage licenses shall at no time exceed thirty (30), and no carriage business shall operate more than eight (8) carriages. The carriage licenses shall be issued by the Commissioner on a first-come-first-serve basis.
(b) Upon receipt of the application required by division (a) of Section 447.03, the fee required by division (a) of Section 447.04, and the insurance policy required by Section 447.05, the Commissioner shall issue a carriage business license which, unless sooner revoked or suspended pursuant to Section 447.10, shall be valid for the period of one (1) year, commencing upon April 1 and ending upon March 31. The Commissioner shall issue to the licensee a number of copies of the carriage business license equal to that number of carriages for which the owner of the carriage business obtains licenses pursuant to division (c) of this section.
(c) Subject to the provisions of division (a) of this section, upon receipt of the application required by division (b) of Section 447.03 and the fee required by division (b) of Section 447.04, and upon a satisfactory conclusion to the inspection required by division (c) of Section 447.03, the Commissioner shall issue a carriage license which, unless sooner revoked or suspended pursuant to Section 447.10, shall be valid for the period of one (1) year, commencing April 1 and ending upon March 31.
(d) Upon receipt of the application required by division (d) of Section 447.03 and the fee required by division (c) of Section 447.04, the Commissioner shall issue a carriage operator's license which shall contain the photograph of the applicant and which, unless sooner revoked or suspended pursuant to Section 447.10, shall be valid for the period of one (1) year, commencing upon April 1 and ending upon March 31.
(e) Licenses issued pursuant to this chapter are not transferrable, but each license may be renewed from year to year upon filing of a renewal application and payment of the renewal fee specified in Section 447.04, provided that the Commissioner determines that the business, carriage, or operator, as the case may be, continues to meet the requirements for initial issuance contained in Section 447.03. Notwithstanding the provisions of the preceding sentence, division (a) of this section shall apply to renewals.
(Ord. No. 734-16. Passed 6-6-16, eff. 6-7-16)
(a) No carriage may operate in or upon the public rights of way of the City without displaying its carriage license and its carriage business license, unless exempt under division (c) of Section 447.02 from the license requirements.
(b) No carriage operator may operate a carriage without having the carriage operator’s license issued pursuant to division (d) of Section 447.07 upon his or her person, unless exempt under division (c) of Section 447.02 from the license requirements. When passengers are being picked up or discharged by a horse-drawn carriage, a carriage operator’s assistant shall assist the carriage operator so that the carriage operator may devote his or her attention entirely to operating the carriage and keeping the horse and carriage under secure control.
(c) Every carriage business shall provide each of its horse-drawn vehicles with rate cards which set forth the rates and charges filed with the Commissioner pursuant to division (a)(3) of Section 447.03 unless exempt under division (c) of Section 447.02 from the license requirements. Rate cards shall be prominently displayed within each carriage, and each carriage operator shall acquaint all prospective passengers with current rates and charges prior to taking on said passengers. Rates shall not be changed without ten (10) days prior written notice to the Commissioner.
(d) No carriage operator or carriage operator’s assistant shall solicit passengers in a loud voice or in such a manner as to annoy or obstruct the movement of any person; nor shall any carriage operator pursue any person for purposes of soliciting patronage.
(e) No carriage operator or carriage operator’s assistant shall smoke while operating a carriage that is carrying passengers.
(f) No carriage operator shall permit the occupancy of the carriage which he or she is operating to exceed the rated seating capacity of that carriage.
(g) Each carriage operator shall ensure that all of his or her passengers are seated inside the carriage when the carriage is in motion.
(h) Carriages shall be operated as near to the right side of the roadway as practicable, shall obey all traffic laws, rules, and regulations applicable to motor vehicles, and shall exercise due care when passing a standing vehicle or a vehicle which is proceeding in the same direction.
(i) Horse-drawn carriages shall pick up and discharge passengers only while legally parked at the curb in zones established by the Director of Public Safety after consultation with the Commissioner of Traffic Engineering. All other carriages may pick up and discharge passengers anywhere along their approved routes, provided that they are legally parked at the curb when doing so.
(j) No person shall operate a carriage on the streets of the City except during the hours of 10:00 a.m. to 4:00 p.m., Mondays through Fridays, 6:00 p.m. to midnight, Mondays through Fridays, and 8:00 a.m. to midnight on Saturdays, Sundays, and legal holidays.
(k) No person shall operate a carriage on any street of the City which has been closed pursuant to lawful authority, including closings pursuant to Sections 133.03, 403.05, or 411.05 of these Codified Ordinances. Upon notification of the Police Traffic Commissioner that special circumstances cause a particular street or a particular area to be unsafe or too congested for the operation of carriages during a specified time period, no person shall operate a carriage upon such street or in such area during such time period.
(l) No person shall carry passengers in a carriage into or out of the Flats on the west side of the Cuyahoga River. No person shall carry passengers in a carriage into or out of the Flats on the east side of the Cuyahoga River, except on Front Street.
(m) All horse-drawn carriage business owners and horse-drawn carriage operators shall maintain their horses in accordance with the following standards of animal husbandry:
(1) No person shall operate a horse-drawn carriage when the temperature, as reported by the National Weather Service, exceeds eighty-five degrees Fahrenheit (85°F).
(2) No person shall work any one (1) horse more than six (6) hours per day.
(3) Every horse-drawn carriage owner shall properly fit or cause to be fitted each of his or her horses with rubber shoes.
(4) Every horse-drawn carriage business owner and every horse-drawn carriage operator shall ensure that his or her horses are properly watered and given a ten (10) minute rest period for every hour of use, are in good health and at a proper body weight, are not more than fifteen (15) years old, and are properly fitted with harness and tack.
(5) Every horse-drawn carriage business owner shall ensure that emergency veterinary treatment is available for his or her horse.
(6) No horse-drawn carriage business owner or carriage operator shall permit more than four (4) passengers in a horse-drawn carriage at any time.
(n) Every six (6) months, commencing with the date of the application submitted pursuant to division (b) of Section 447.03, a carriage license holder shall submit to the Police Traffic Commissioner a medical certificate for each horse used by the carriage license holder in the operation of horse-drawn carriages. A carriage operator that is exempt under division (c) of Section 447.02 shall submit to the Special Events Committee the same medical certificate for each horse used by the carriage operator. The medical certificate shall be signed by a registered veterinarian and shall indicate that the horse is medically fit, in good health both physically and by temperament, sufficient to pull a horse-drawn carriage, and has received all those inoculations which are determined to be usual and customary according to generally-accepted principles of animal husbandry.
(o) Every horse-drawn carriage owner shall ensure that, whenever his or her horses are upon the public rights-of-way, each of them is fitted with a device which prevents the horse’s feces from dropping to the ground.
(Ord. No. 1474-13. Passed 11-25-13, eff. 11-26-13)
(a) Whenever a horse-drawn carriage is impounded pursuant to Section 405.02, officers of the Cleveland Police Mounted Unit are authorized to provide for the removal of the horse to the Mounted Unit’s stables and to care for such horse until such time as the person who is entitled to possession of the carriage has secured its release in accordance with the Traffic Code.
(b) The following fees shall be assessed against the owner or other person claiming an impounded horse:
Impounding | $60.00 |
Storage and Care | $15.00 per day or part thereof |
(Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)
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