(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HORSE-DRAWN VEHICLE FOR HIRE. Any hack, carriage, wagon or similar vehicle which is operated by being drawn by a horse or mule or other beast of burden, for the transportation for hire of passengers.
VEHICLE FOR HIRE LICENSE. The license issued to any person who is the owner or operator of any vehicle for hire under this section.
(B) Operating regulations.
(1) No person shall transport a passenger for hire in a horse-drawn vehicle on the streets of the city until he or she has obtained a license to do so in accordance with the provisions of this section.
(2) The application for such a license shall be in writing and shall be filed with the City Manager. A separate application shall be filed for every vehicle for hire and a license obtained for each such vehicle. The application shall include such information deemed reasonably necessary by the City Manager to determine whether the license shall be issued in accordance with the criteria set forth in this section. All such information shall include, but shall not be limited to, the following:
(a) The name of the person having a beneficial interest in the business operating the vehicle for hire;
(b) Copies of certificates or other evidence of title for the vehicles to be operated or copies of leases for any leased vehicles;
(c) Copies of articles of incorporation, partnership agreements, assumed name certificates or other documents indicating the legal status of the applicant; and
(d) Certificates of insurance to comply with the requirements of this section.
(3) The City Manager shall determine whether or not licenses shall be issued in accordance with this section for the privilege of operating one or more vehicles for hire. No license shall be issued unless the applicant has complied with the provisions of this section.
(4) A license shall be issued only in the name of the person having a beneficial interest in the business operating the vehicle for hire.
(5) A license shall expire on a yearly basis on a date determined by the City Manager.
(6) The license issued for the operation of any vehicle for hire is not transferable.
(7) Upon the issuance of a license, the licensee shall pay a privilege license to the city for each vehicle for hire in the amount of $250. Annual renewal fee of licenses under this section shall be $250.
(8) No person shall operate or cause to be operated any horse-drawn vehicle for hire over the streets of the city without first taking out and keeping force and effect at all times a policy of liability insurance for claims arising from bodily injury and/or property damage, including accidental death which may arise directly or indirectly from the operation of such vehicle. The insurance shall be in a minimum amount of $500,000 combined single limits for bodily injury and/or property damage unless otherwise limited by law or regulation. The certificate of insurance attested by the insurance carrier or his or her agent, stating and itemizing the insurance coverage carried by such operation shall be filed with the City Manager. The insurance carrier or its agents shall also certify on these documents that it will notify the City Manager by registered or certified mail at least 20 days prior to any cancellation or non-renewal of these coverages.
(9) Drivers of licensed horse-drawn vehicles under this section shall maintain stands in a sanitary condition at all times. Any failure on part of such driver to conform to the requirements of this section shall be unlawful and shall subject such driver to the penalties provided by § 110.99 of this chapter.
(10) The Director of the Department of Public Works shall establish a livery stand for horse-drawn vehicles on such public streets in such places and in such manner and number as he shall determine to be of the greatest benefit and convenience to the public and every stand shall be designated by appropriate signs.
(11) Those horse-drawn vehicles operating pursuant to this section shall be allowed to rest and stage only at the designated horse-drawn vehicle for hire stands.
(12) Those horse-drawn vehicles operating pursuant to this section shall display its current license in a conspicuous place on the vehicle at all times.
(13) Every operator of a horse-drawn vehicle operating under this section shall be subject to all provisions applicable to the driver of any vehicle except those which, by their very nature, can have no application.
(14) The operator of a horse-drawn vehicle under this section shall adhere to a predetermined and pre-approved route. Said route shall be approved by the City Manager.
(15) A veterinarian shall be responsible for determining the fitness of horses and their humane treatment operating under this section and shall issue a certificate of fitness to the city. Said veterinarian have the powers to determine:
(a) Physical fitness of the animal and limitations on work and condition of work;
(b) Condition and fitness of harness; and
(c) Care and treatment of such animals.
(16) Inspection of animals operating under this section shall be made by veterinarian at least once every three months.
(17) (a) The operator of any horse-drawn vehicle for hire shall be responsible for any and all wastes created by the operation of the vehicle. This shall include the livery stand as well as all city streets on which the vehicle travels. Draft animal manure and urine must immediately, and without any delay whatsoever, be treated with a chemical deodorizing solution and manure must be removed immediately and without any delay whatsoever from the street by the license holder or some person immediately available on behalf of the license holder.
(b) Each carriage must be equipped with a suitable scoop shovel and airtight container for the temporary storage of removed manure. Horse diapers, designed, affixed and maintained to prevent excrement from being deposited on the street surface must be used at all times upon draft animals.
(c) All manure must be disposed of properly.
(18) Any license issued hereunder shall be revoked by the City Manager for any violation by the holder of any provision of this section or any other ordinance of the city or whenever there is a violation by the holder of any condition, provision or qualification set forth in the application of such license.
(2005 Code, § 86-85) (Ord. 03083, passed 8-18-2003) Penalty, see § 110.99