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Upon the payment of the license fee the City Clerk shall issue a license to the owner of the horse drawn carriage together with a license plate to be securely affixed to a conspicuous and indispensable part of such horse drawn carriage on which shall be clearly set forth the license number of such horse drawn carriage. The license plate issued to the licensee may in the discretion of the City Clerk, or his or her designee, be a plate of a permanent nature with replaceable date tag attached thereto, indicating the expiration date of the plate during each license year and the issuance of such a place with such date tag to a person possessing such a plate, shall be deemed issuance of a license plate. Such license plate and the replaceable date tag to be issued from year-to-year to be attached thereto, shall be of such material, form, design and dimension and set forth such distinguishing number or other identification marks as the City Clerk’s office shall prescribe. The City Clerk, or his or her designee, upon renewal of the license hereunder, may continue the use of license plate for as many additional license years as he or she in his or her discretion may determine, in which event he or she shall issue and deliver to the licensee a replaceable date tag as evidence of renewal of license, which shall be attached or affixed in such manner as he or she may prescribe by regulation. The failure to affix or display such date tag in a manner prescribed by the City Clerk’s office shall constitute a violation of this section. In the event of the loss, mutilation or destruction of any license plate or date tag issued, the owner may file such statement and proof of facts as the City Clerk shall require with a fee of twenty five dollars ($25.00) at the City Clerk’s office and the City Clerk’s office shall issue a duplicate or substitute license plate or date tag.
(Ord. 3783, passed 12-13-2010)
(a) It shall be unlawful for any person to operate a horse drawn carriage within the City without having a valid horse drawn carriage driver’s license from the City Clerk and that person has been found to comply with all the requirements of the laws of the State and shall have been certified by the Police Department as an authorized person to operate a vehicle.
(b) Each applicant for a horse drawn carriage driver’s license must meet the following requirements:
(1) Have a valid State operator’s license;
(2) Be at least eighteen (18) years of age;
(3) Have good eyesight, be in good physical condition and not be subject to any infirmity of body or mind which might render him or her unfit for the safe operation of the vehicle;
(4) Be able to sufficiently speak and write the English language to carry out the duties required of a licensed horse drawn carriage driver;
(5) Be clean in dress and not addicted to the use of drugs or intoxicating liquors;
(6) Be a person of good character.
(c) Each applicant for a horse drawn carriage driver’s license shall satisfactorily establish that he or she knows:
(1) The applicable traffic regulations;
(2) The geography of appropriate routes; and
(3) Has mastered the proper care, handling and driving of carriage horses.
(d) The applicants shall be approved by the Chief of Police or his or her designee after demonstrating their ability to operate a horse drawn carriage in a safe and prudent manner, including the following:
(1) Understanding the proper method of fitting a harness to a horse and hitching and unhitching a properly harnessed horse to a carriage;
(2) Understanding the proper handling and driving of a horse drawn carriage;
(Ord. 3783, passed 12-13-2010)
ARTICLE XXVII. OUTDOOR PAY TELEPHONES
Except as otherwise provided in this article, no person and/or company shall install or maintain any telephone booth, mounted telephone, or other form of pay telephone not enclosed within the interior of a building unless it is located on the public right-of-way and in accordance with this Code. Any outdoor pay telephone located on property other than the public right-of-way in violation of this article shall be removed by its owner, any person with control over the pay telephone, or the owner of real estate on which the pay telephone is located, within 30 days after the effective date of this article.
(Ord. 3309, passed 9-25-1995; Ord. 3786, passed 12-13-2010)
(a) Any person who violates any provision of this article shall be subject to a fine of not less than $50 and not more than $200 for each offense. If an outdoor pay telephone is installed in violation of this article at substantially the same location where a telephone was previously removed pursuant to this article, any person participating in the violation shall be fined not less than $200 and not more than $500.
(b) Each day that a violation of subsection (a) continues shall constitute a separate offense. However, for the period ending six months after the effective date of this article, no fine shall be imposed with respect to a pay telephone unless a removal notice has been posted on the telephone pursuant to this article.
(Ord. 3309, passed 9-25-1995; Ord. 3786, passed 12-13-2010)
(a) Notwithstanding any other provision of this chapter, the Director of the Department of Public Works and Utilities may issue a revocable certificate of registration jointly authorizing the owner of real property on which a telephone is to be located and a telecommunications company that will operate the telephone, subject to the conditions of this section, for the installation and maintenance of a telephone booth, mounted telephone, or other form of pay telephone not enclosed within the interior of a building and not on the public right-of-way, but permitted by this subsection. The certification of registration shall create no legal rights or entitlement, and shall not be deemed to create, any type of vested interest.
(b) The application for the certificate of registration shall designate a registered agent for receiving notice under this section. Applications shall be maintained by the City Clerk as confidential business records. The certification shall be issued no later than 30 days after a complete application for an eligible location is received. No certificate of registration shall authorize installation of a telephone at a location that the Director determines will not be in the public interest or may have a deleterious impact on the surrounding neighborhood.
(c) The Director of the Department of Public Works and Utilities may issue a certificate of registration pursuant to this section for no more than two telephones on any zoning lot of property; provided that the number of telephones authorized under this section for any parking lot with 200 or more parking spaces, or for any property on which there are facilities designed for public assembly and having a capacity for more than 10,000 persons, shall not exceed a number determined by the Director by rule as necessary for public convenience. No certificate of registration shall authorize a telephone situated:
(1) On vacant property;
(2) On property on which there is situated an abandoned building;
(3) On property on which there is situated an establishment that has or requires a tavern license, or that is kept, used, maintained, advertised and held out to the public as a place that primarily sells alcoholic liquor at retail; or
(4) On property on which there is a building that is used primarily for residential purposes.
(d) Certificates of registration shall be issued for particular locations identified in the application therefor. The Director of the Department of Public Works by rule may establish and impose an application fee or an annual registration fee, or both, for certificates of registration issued under this section. The total amounts of the fees may not exceed an amount sufficient for the City to recover its costs in administering this section, exclusive of costs indirectly related to preliminary or final hearings.
(e) A copy of each application for a certificate of registration shall be sent to the Council member for the ward in which the proposed telephone is to be located not less than five days after the application is received.
(Ord. 3309, passed 9-25-1995; Ord. 3786, passed 12-13-2010)
(a) (1) Whenever the Director of the Department of Public Works and Utilities determines that it is not in the public interest for the telephone to remain on private property, or that the telephone may have a deleterious impact on the surrounding neighborhood, the Director shall initiate procedures to revoke the certificate of registration for that telephone.
(2) A certification by the Council member of the ward in which the telephone is or is to be located setting forth facts establishing that it is not in the public interest for the telephone to remain on private property, or that the telephone has a deleterious impact on the surrounding neighborhood, shall be prima facie evidence that the certificate of registration is subject to revocation or should not be issued under this section.
(b) Whenever the Director makes such a determination with respect to a telephone for which a certificate of registration has been issued, the Director shall attempt to notify the registrant of the determination by mailing a notice to the registered agent or the registrant, and a representative of the City may enter upon any private property and may place upon the telephone a notice stating that the certificate of registration is subject to revocation and that the registrant has a right to request a preliminary hearing at which the registrant will be given an opportunity to be heard in opposition to the revocation within seven days of the notice.
(c) (1) The preliminary hearing shall be informal and shall provide the registrant with an opportunity to address the reasons for the Director’s preliminary determination. If no preliminary hearing is requested or if the Director determines that there is probable cause for revocation of the certificate of registration after the preliminary hearing, the Director shall issue an order requiring the telephone and its appurtenances to be removed within seven days after the order is issued pending a final determination. Telephones that are not timely removed may be removed by a representative of the City.
(2) At the preliminary and final hearing formal or technical rules of evidence shall not apply. Evidence may be admitted if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Director may establish and impose a fee for preliminary and final hearings conducted under this section which shall not exceed an amount sufficient for the City to recover its costs related to the preliminary or final hearings.
(d) The owner of the telephone for which a determination of probable cause for revocation of a certification of registration has been issued may contest such determination timely removing the telephone and its appurtenances and by filing with the Director of Public Works and Utilities a request for a final hearing within 14 days after removal in accordance with rules promulgated by the Director.
(e) If, after a final hearing, the Director determines that it is not in the public interest for the telephone to be located on the private property, or that the telephone had a deleterious impact on the surrounding neighborhood, or if no timely request for a final hearing is made, the Director shall revoke the certification of registration for the telephone.
(f) No certificate of registration may be issued for a telephone at a zoning lot with respect to which a previous certificate has been revoked for a period of one year after revocation.
(g) Outdoor pay telephones not lawfully installed or maintained pursuant to this Code are hereby declared to be public nuisance subject to summary abatement upon due notice. A representative of the City may enter upon any private property within the City that he or she has reason to believe contains an outdoor pay telephone in violation of this section, and may place upon the telephone a notice that the telephone must be removed within seven days. Such notice shall also provide that if the telephone is not removed within seven days, a representative of the City may remove the telephone and charge the costs of removal jointly and severally to its owner, operator, and the person who owns or controls the real property on which the pay telephone is located. If such telephone has not been removed within seven days, a representative of the City may remove the telephone.
(h) If the costs to the City for removing telephones and their appurtenances pursuant to this section are not paid within 30 days, the telephone shall be deemed abandoned and may be sold or destroyed. The costs of removing outdoor pay telephone shall be a debt to the City jointly and severally owed by the telephone’s owner and operator, and any person who owns or controls the real property on which the telephone was located.
(Ord. 3309, passed 9-25-1995; Ord. 3786, passed 12-13-2010)
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