§ 77.42 LICENSE REQUIREMENTS.
   (A)   License process. The Mayor shall gather all information as to each application for a horse- drawn carriage license. If the Mayor finds that such carriage is a safe and fit conveyance, and that it complies with all the requirements of this code, the Mayor shall issue a license to the applicant upon payment of the proper license fee and the furnishing of the insurance or risk retention coverage required. If the applicant does not comply with the requirements of this section within 30 days, the license shall be null and void.
   (B)   License fee.
      (1)   No person, either as owner or agent, employee or driver for, or lessee of, shall operate or permit to be operated any horse-drawn carriage unless the proper license has been issued to the owner thereof and is in force. Said license shall be available upon request.
      (2)   Every license shall expire on January 14 of the year following the date on which the license was issued. A license fee of $25 for each horse-drawn carriage shall be payable to the Village Fiscal Officer each year between January 1 and January 14. The license fee required by this section shall be in addition to any fee required by the laws of the state.
      (3)   If a license fee is issued on or after July 1 of any year, the fee shall be half the applicable annual fee.
   (C)   License application.
      (1)   Applications for licenses for horse-drawn carriages and the horses to be used shall be made to the Col. Donald L. Shanks Municipal Building. These applications shall set forth the following:
         (a)   Name, address, and phone number of the applicant;
         (b)   The trade name under which business is to be conducted;
         (c)   The route and hours during which the horse-drawn carriage is to be operated;
         (d)   The manufacturer’s name, seating capacity, and type of brake system of the carriage which the applicant will use;
         (e)   A policy of liability insurance (see § 77.43); and
         (f)   The animals to be used in the business operation: the animals’ names, descriptions, age and date last examined by a veterinarian (see § 77.47).
      (2)   The proposed route and hours of operation for each horse-drawn carriage shall be reviewed for public safety purposes by the Mayor and the Police Chief.
   (D)   Appeal of the grant; denial of a license; suspension; revocation. When the Mayor grants, denies, or suspends a license for the operation of a horse-drawn carriage, the applicant or other interested person may appeal the decision to the Village Council at its next scheduled meeting. Council may affirm, disaffirm, or grant exceptions from the Mayor’s decision.
   (E)   Emergency revocation of license.
      (1)   Whenever the Mayor determines that the public safety is threatened by the continued operation of a horse-drawn carriage, the Mayor may immediately suspend the horse-drawn carriage’s license. In such a circumstance the Mayor shall immediately notify the license holder who shall discontinue operation of the horse-drawn carriage at once.
      (2)   Upon notifying the license holder of the emergency suspension, the Mayor shall set a time and place for a hearing to determine if the suspension shall continue. Said hearing shall be conducted within five business days of the order of suspension.
      (3)   If, at the hearing, the Mayor determines that the public safety is not threatened, he or she shall reinstate the license at no cost.
      (4)   If, at the hearing, the Mayor determines that the public safety is threatened, he or she may continue the license suspension until such time as he or she determines that the public safety is no longer threatened.
(2000 Code, § 77.42) (Ord. O-11-99, passed 5-10-1999) Penalty, see § 77.99