(A) Horse and buggy rides are a commercial operation where rides on a buggy consisting of two to four wheels that is attached to a horse are offered to the public.
(B) Horse and buggy rides are a permitted use within the town subject to the following conditions being met and approval by the Board of Aldermen.
(C) Approval will be based on the following conditions:
(1) The Board of Aldermen may restrict dates and time of operations;
(2) The waste created by a horse and buggy operation must be removed by the operator and not be allowed to remain on the street for extended periods of time;
(3) Any associated horse trailers must be removed from the public right-of-way and stored. The only acceptable time for a horse trailer to be present on the street is for loading and unloading purposes only;
(4) Grazing on public land is not permitted. It is the responsibility of the owner to provide food and water for the animal. Horses may graze on private land if approved by the owner of the land;
(5) The buggy must have reflective markings on the front, rear and side to ensure safety at night. The buggy must be equipped with lights and turn signals to ensure safety for traffic;
(6) The operator must obtain a privilege license;
(7) The operator must present a letter from County Animal Control showing that they have never been in violation of any statutes governing animals;
(8) All other local, state and federal ordinances must be complied with; and
(9) A horse and buggy operation is only for the transportation of persons.
(D) A responsible town employee (i.e., zoning inspector, or police officer) may issue a warning citation. Additional violation will result in revocation of the permit.
(E) Any person who has had his or her permit revoked may appeal the decision to the town’s Board of Aldermen.
(F) Appeals must be filed within 30 days of the revocation or the person has forfeited his or her right of appeal, and may not ask for another permit for a period of one year.
(G) The application shall be required to produce a certificate of insurance to the town listing the town as co-defendant.
(Prior Code, § J-VIII-1) (Ord. passed 6-11-2002) Penalty, see § 110.99