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(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)
(a) The Commissioner may at any time suspend or revoke any license granted under authority of this chapter for failure to comply with the provisions of this chapter or with any other applicable laws or regulations of the City or the State of Ohio.
(b) Whenever the Commissioner refuses to issue or revokes or suspends a license, the applicant or licensee shall have the right to appeal in the manner provided in Section 403.09.
(Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)
Any person who violates any provision of this chapter for which a penalty is not already provided in another section of this Traffic Code is guilty of a minor degree misdemeanor and shall be fined not more than one hundred dollars ($100.00). In addition to any other method of enforcement provided for in this chapter, any violation of the provisions of this chapter which is a minor misdemeanor may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)