All horse-drawn vehicles/carriages or other passenger-type horse-drawn units operated in the city must be duly licensed as follows.
(A) An application to operate horse-drawn vehicles/carriages or other passenger-type horse- drawn units (hereafter collectively referred to as a horse-drawn vehicle/carriage) upon the streets of the city must be submitted to the Finance Department and must contain the following information:
(1) The owner’s name, address and telephone number and the operator’s name, address and telephone number, if different from the owner;
(2) The place of business and business telephone number;
(3) The number of horse-drawn vehicles/ carriages owned or to be used in the business operation, the owner’s identification number and location of such number on the unit, the manufacturer’s name and model, condition of the unit (new, good, fair, poor) and maximum seating capacity for each vehicle/carriage unit which the applicant will use;
(4) The number of animals owned or to be used in the business operation, the animal’s name, description, approximate weight and age;
(5) The licensee shall cause a different number for each horse to be recessed into the outside left front and the outside right rear horse shoes of each horse and these should be highlighted so the animal’s number can be plainly and conspicuously identified. The number shall be submitted with the application, along with photographs of the front, side and particular markings, if any, of each horse, which shall be used in conjunction with other information in describing and identifying each animal;
(6) A certificate from a licensed veterinarian must be submitted with the application or renewal thereof for each horse to be used in the licensee’s business operation which states that the horse has the immunizations as required by the state and that said animal is fit to perform the function of labor which these regulations govern; and
(7) Whether the licensee has ever been convicted of a felony if the licensee is an individual; whether any of the partners have been convicted of a felony if the applicant is a partnership; and whether any of the officers or directors have been convicted of a felony if the applicant is a corporation.
(B) Proof of insurance must be submitted with the application for the duration of the licensing period, as follows:
(1) Not less than $100,000 in limited liability per occurrence;
(2) Not less than $300,000 in public liability per occurrence; and
(3) Not less than $50,000 for property damage per occurrence.
(C) Operation schedules for the business must be submitted with the application.
(D) A schedule of rates and charges to be made to passengers must be submitted with the application, which rates shall not be changed without ten days prior notice to the Finance Department.
(E) (1) The initial application fee shall be $60 with an additional $25 for each vehicle/carriage licensed.
(2) The annual renewal application fee is $50 with an additional $25 for each vehicle/carriage licensed.
(F) (1) Horse-drawn vehicle/carriage business licensees shall not travel outside the following designated boundaries in the city: 12th Street on the south, Shelby Street on the east, Crescent Avenue on the west and Riverside Drive, exclusive of bridge travel, to the north.
(2) However, special occasion travel routes may be approved for a licensee for one-time trips when submitted directly to the Police Chief, or his or her designee. Special occasion travel routes may be approved for special events outside the designated travel boundaries of the city which would include, but not necessarily be limited to, weddings or anniversaries. Any such application for a special occasion travel route shall be in writing and shall specify the date and hour requested, and designate the special occasion and travel route to be taken. If, after consideration and investigation, the Police Chief or his or her designee finds that the convenience of the public in the use of the streets would not be unduly disturbed by such special route, he or she may issue approval for the time specified. Such approval must be stamped on the face of the original requesting document, and must be in the possession of the driver of the vehicle/carriage during travel over the special occasion travel route.
(G) All applications or renewals thereof shall be verified under oath and include a written agreement by the licensee to operate the business in accordance with the provisions of these regulations and to indemnify and hold harmless the city, its agents and employees, for all judgments, losses and expenses arising out of the operations permitted by this license.
(H) Failure to submit the above criteria will be grounds for denial of any license or renewal thereof. Such denial may be appealed pursuant to § 119.061(B) of this chapter.
(J) Failure to maintain appropriate and continuous insurance coverage throughout the licensing period will subject the business to suspension of its business license until proof that such insurance is reinstated or a new policy issued in accordance with these provisions.
(K) (1) The business fees set forth in division (E) above shall be due and payable annually on January 15. All applications or renewals thereof must contain the criteria heretofore mentioned, including appropriate updated information as may apply.
(2) With respect to the business license fee, the existing horse-drawn vehicle/carriage businesses must comply in compliance with the provisions of these horse-drawn vehicle/carriage regulations within 30 days after notice to do so by the Finance Department or be subject to the penalty and interest provisions set forth in these regulations.
(3) All renewal applications must be made at least ten days prior to the expiration date of January 15. There will be no proration of business fees.
(4) The business fees imposed which remain unpaid after they become due shall bear interest at the rate of 1% per month. Any applicant who fails to pay the business fees when due shall also be charged a penalty of 5% if the delay does not exceed 30 days from the due date. If the license fees are not paid within the first 30 days from the due date, an additional 5% penalty for each additional month, or fraction thereof, of the amount of the unpaid fee shall be assessed. In no event shall the penalty assessed exceed 25%.
(5) If any portion of the license fee is unpaid due to fraud, as revealed by inspection, 50% of the license fee shall be added as a penalty in addition to any other penalty herein provided.
(6) In addition to the penalties contained herein, the city may enforce the collection of the fees, penalties and interest thereon by instituting a civil action in a court of appropriate jurisdiction.
(7) Fees, once collected, shall not be subject to refund, except in instances where licenses are denied.
(1984 Code, § 111.400) (Ord. O-16-87, passed 3-24-1987; Ord. O-56-04, passed 8-24-2004)