A. Owners of commercial animals and/or animal-drawn vehicles as defined in Section 5.12.010 may apply for a conditional use-on-review permit allowing a commercial trailride or animal-drawn vehicle ride to operate on the public streets of Custer City. Applications shall be in writing and shall state the following:
1. Name and address of owner;
2. Name and address of business entity responsible for daily operations;
3. Description of the proposed operation (number of animals, types of vehicles, proposed location and proposed route);
4. Planned safety precautions.
Applications shall be filed with the finance officer, who shall then place the application upon the agenda of a regular city council meeting within one month. There shall be a fee of twenty-five dollars ($25.00) payable annually to the city finance officer for the conditional use-on-review permit.
B. A conditional use-on-review permit shall only be granted if approved by a majority vote of the city council.
C. If the city council grants the applicant a conditional use-on-review permit, the applicant must, prior to opening for operation procure one million dollars ($1,000,000.00) in liability insurance coverage, with Custer City as an additional named insured; and shall cause proof of the aforementioned coverage to be transmitted to the city finance officer on a monthly basis. Lapse of insurance coverage for any reason is a violation of the conditional use-on-review permit and operates as an automatic withdrawal of the permit.
D. While the conditional use-on-review permit is in force all horses or animals used for a commercial venture operating under the conditional use-on-review permit must wear fecal waste collection bags while travelling on the public streets and/or alleys; horse- or other animal-drawn wagon teams must be equipped with a "Flying W" or other comparable safety device, regardless of team size. Failure to comply with the provisions of this section operates as an automatic withdrawal of the permit.
E. None of the provisions of this section shall in any way abrogate or negate the municipal ordinance in regard to public nuisances. (Ord. 389 (part), 1993: prior code § 9-116 (D))