(A) Restrictions. No person shall operate or cause to be operated for hire any vehicle, of whatever nature, drawn by animals for the purpose of conducting tours within the city, except animal-drawn vehicles as provided in this subchapter.
(B) Passenger loading.
(1) Animal-drawn vehicles may pick up or discharge passengers at any passenger loading zone, any designated hack stand and at such other locations as are approved by the City Planner and so designated in the office of the City Planner.
(2) Animal-drawn vehicles may originate and terminate tours within the area designated for horse/carriage traffic, at such locations as are approved by the City Planner and as are designated in the office of the City Planner.
(3) The City Council may designate one or more city officials in lieu of the City Planner to perform the duties described in this subchapter.
(C) Route limitations. Animal-drawn vehicles may operate only on such streets or public ways in the city as are approved by the City Planner. Animal-drawn vehicles may operate only between such hours or at such times as may be designated by the City Planner. The approved streets or public ways and the approved hours of operation are so designated in the office of the City Planner.
(D) Drivers. All drivers of animal-drawn vehicles shall have a current automobile vehicle driver’s license, be at least 18 years of age and demonstrate competence in handling animal-drawn vehicles.
(E) Diapering apparatus required. It shall be unlawful for any person, firm, corporation or other entity to utilize any animal for the purpose of pulling any vehicle on city streets unless the animal is equipped with a diapering apparatus that prevents the droppings of the animal from being deposited or otherwise left on city streets. It shall be the responsibility of the person, firm, corporation or other entity utilizing any animal for the purpose of pulling a vehicle to ascertain that the diapering apparatus is maintained in working order at all times. It shall be the responsibility of the operator to see that the diapering apparatus is in good working order at all times and that proper disposal of droppings is performed. The city shall charge a fee for the cleanup of any droppings left on public rights-of-way by the operation of the animal-drawn vehicle. The cleanup fee shall be $50 per hour with a minimum of two hours charged for each offense.
(F) Required permit to operate animal-drawn vehicle. No animal-drawn vehicle shall operate on city streets without an issued permit and without having paid a $50 permit fee. This permit must be permanently affixed to the vehicle for which it is issued in a location approved by the Chief of Police.
(G) Standards for animal-drawn vehicles. All animal-drawn vehicles shall be automatically styled passenger carriages which are aesthetically pleasant and consistent with the river boat theme and riverfront area. Wagons which obviously or patently were designed for cargo instead of passengers will not be approved. All animal-drawn vehicles shall have adequate brakes and adequate front and back lights. All animal-drawn vehicles shall also contain sufficient reflective material so as to ensure for visibility. Carriages must not exceed 12 feet in length or six feet in width. Carriages will be measured from end to end, excluding steps and shafts; and from axle tip to axle tip. Furthermore, all animal-drawn vehicles shall at all times be maintained so as to ensure the safety of the passengers and the general public. The Chief of Police is accorded the authority to promulgate such other regulations as necessary to carry out the intent of this section.
(H) Care of animals and public safety. All licensees under this chapter shall operate the animal-drawn vehicle in such manner so as not to endanger the health and safety of the animals which draw the vehicles or the public in general. The Chief of Police is accorded the authority to promulgate such other regulations as necessary to carry out the intent of this section.
(I) Permit to operate animal-drawn vehicle.
(1) An applicant for a permit shall provide the following to the City Planner or other official designated by the City Council:
(a) Adequate identification of the applicant and animal-drawn vehicle and proof of ownership;
(b) Material setting forth characteristics of the vehicle, including its dimensions, weight and passenger capacity;
(c) Color photographs not less than eight inches by ten inches of all four sides of the vehicle or sketches of a similar make and model of the vehicle;
(d) Adequate proof of liability insurance with coverage in the following amounts:
1. Not less than $100,000 in liability per individual and $300,000 per occurrence;
2. Not less than $300,000 in public liability per occurrence;
3. Not less than $50,000 for property damage per occurrence; and
4. The city shall be named as an additional insured.
(e) Satisfactory proof of health inspections of the animal(s) to be utilized in drawing the vehicle;
(f) A fee established by the City Council;
(g) After approved, but prior to issuance, compliance with any other licensing requirement(s) of the city;
(h) Evidence of satisfactory annual safety and appearance inspection of tack and equipment;
(i) Evidence of compliance with all standards of design and safety of this chapter;
(2) Inspection for compliance shall be performed by the Animal Control Officer, the City Planner, and/or such other individual or individuals as designated by the City Council. In the event of compliance, the City Planner shall certify the compliance to the City Clerk, who shall then issue a permit upon payment of the fee.
(J) Transferability. A license or permit required by this subchapter shall be issued on a specific vehicle and for a specific owner and is not transferable. The license or permit remains the property of the city and must be surrendered upon expiration or termination.
(K) Expiration. All permits issued under this subchapter shall expire at midnight on December 31 of the year for which the license or permit is issued; provided, however, upon compliance with the requirements of this subchapter, a current licensee may renew his or her license upon the payment of the required fee.
(Ord. 2005-29, passed 9-13-2005)