(A) All horse-drawn carriages or other passenger-type horse-drawn units, hereinafter included in the term “carriage,” operated in the City must be duly licensed as follows:
(1) An application to operate horse-drawn carriages or other passenger-type horse-drawn units, hereafter collectively referred to as “carriage,” upon the streets of the City must be submitted to the Finance and Administration Department and must contain the following information:
(a) The owner’s name, address and telephone number or the operator’s name, address and telephone number, if different from the owner;
(b) The place of business and business telephone number;
(c) The number of carriages owned or to be used in the business operation, the owner’s identification number and location of the number on the unit, the manufacturer’s name and model, condition of the unit (new, good, fair, poor) and maximum seating capacity for each carriage unit which applicant will use;
(d) The number of animals owned or to be used in the business operation, the animal’s name, description, approximate weight and age;
(e) The licensee shall cause a different number for each horse to be recessed into the outside left front and the outside right rear horse shoes of each horse and these should be highlighted so the animal’s number can be plainly and conspicuously identified; (That number shall be submitted with the application, along with photographs of the front, side and particular markings, if any, of each horse, which shall be used in conjunction with other information in describing and identifying each animal.)
(f) A certificate from a licensed veterinarian must be submitted with the application or renewal thereof, for each horse to be used in the licensee’s business operation which states that the horse has the immunizations as required by the state and that the animal is fit to perform the function of labor which these regulations govern;
(g) Whether the licensee has ever been convicted of a felony if the licensee is an individual; whether any of the partners have been convicted of a felony if the applicant is a partnership; and whether any of the officers or directors have been convicted of a felony, if the applicant is a corporation; and
(h) Whether the licensee has ever been charged with cruelty to animals or had an occupational license suspended or revoked in any other City.
(2) Proof of insurance must be submitted with the application for the duration of the licensing period, as follows:
(a) Not less than $100,000 in limited liability per occurrence;
(b) Not less than $300,000 in public liability per occurrence; and
(c) Not less than $50,000 for property damage per occurrence.
(3) Operation schedules for the business must be submitted with the application.
(4) A schedule of rates and charges to be made to passengers must be submitted with the application, which rates shall not be changed without 10 days prior notice to the Finance and Administration Department.
(5) (a) The initial application fee shall be $100 with an additional $25 for each carriage licensed.
(b) The annual license renewal application fee shall be the greater of $100 for the first carriage, plus $25 for each additional carriage or the City’s occupational license fee.
(6) (a) Carriage business licensees shall not travel outside the following designated boundaries in the City: Riverboat Row on the north; Ninth Street on the south; Oak Street on the east and Columbia Street on the west.
(b) However, special occasion travel routes may be approved for a licensee for 1-time trips when submitted directly to the Chief of Police or his or her designee. Special occasion travel routes may be approved for special events outside the designated travel boundaries of the City which would include, but not necessarily be limited to weddings, birthdays or anniversaries. Any such application for a special occasion travel route shall be in writing and shall specify the date and hour requested, and designate the special occasion and travel route to be taken. If, after consideration and investigation, the Chief of Police or his or her designee finds that the convenience of the public in the use of the streets would not be unduly disturbed by the special route, he or she may issue approval for the time specified. The approval must be stamped on the face of the original requesting document and must be in the possession of the driver of the carriage during travel over the special occasion travel route.
(7) All applications or renewals thereof shall be verified under oath and include a written agreement by the licensee to operate the business in accordance with the provisions of these regulations and to indemnify and hold harmless the City, its agents and employees, for all judgments, losses and expenses arising out of the operations permitted by this license.
(8) Failure to submit the above criteria will be grounds for denial of any license or renewal thereof. The denial may be appealed to the Board of Commissioners in writing within 30 days of denial.
(9) Any change in the criteria set forth above during any licensing period must be submitted to the Finance and Administration Department within 5 days of the change or the business license may be suspended or revoked.
(10) Failure to maintain appropriate and continuous insurance coverage throughout the licensing period will subject the business to suspension of its business license until proof that the insurance is reinstated or a new policy issued in accordance with these provisions.
(11) (a) The business fees set forth in division (A)(5) above shall be due and payable annually on or before April 30. All applications or renewals thereof must contain the criteria heretofore mentioned, including appropriate updated information as may apply.
(b) These regulations will initially take effect September 1996, but will not be adopted until after that date.
(c) If any portion of the license fee is unpaid due to fraud, as revealed by inspection, 50% of the license fee shall be added as a penalty in addition to any other penalty herein provided.
(d) In addition to the penalties contained herein, the City may enforce the collection of the fees, penalties, interest, costs and attorney fees thereon by instituting a civil action in a court of appropriate jurisdiction.
(e) Fees, once collected, shall not be subject to refund, except in instances where licenses are denied.
(1995 Code, § 5.52.010)
(B) (1) (a) Each carriage must contain a permanent carriage permit number issued by the Finance and Administration Department which also contains the maximum seating capacity for the carriage. This must be clearly and permanently displayed at the left front of each carriage so as to identify and reference 1 carriage from another. The vehicle/carriage permit number shall be renewed annually by appropriate decal issued by the Finance and Administration Department at the same time other business fees are due and payable.
(b) Each carriage must have brakes, brake lights and electric turn signals, along with tail lights and front lights which are to be visible for a distance of 1,000 feet.
(c) Each carriage must have yellow lights capable of flashing which shall be in operation in a continuous flashing fashion while crossing a bridge and which are visible for at least 1,000 feet in any direction.
(d) Each carriage must be maintained so as to ensure the safety of its patrons and employees.
(e) Each carriage must be equipped with a device to catch horse manure from falling to the pavement for later disposal upon return to the base of operations.
(f) Each carriage shall be equipped with a chemical to be poured over horse urine by drivers so as to break down and eliminate accumulated agents and odors.
(g) Each carriage should be equipped with a slow-moving vehicle emblem required by the state to be attached to the rear of the vehicle.
(h) Sufficient reflective material must be placed along the shafts of the carriage, or other parts thereof, which normally parallel the body, head or legs of the horse pulling the carriage.
(i) A fully-charged back-up battery must be carried on each carriage during travel away from the base operation to meet emergency situations due to failure of the primary battery.
(j) In no case shall a carriage permit be transferable from 1 horse-drawn carriage to another.
(k) Upon application and payment of the necessary fees therefor and submission of an affidavit that each carriage complies with the requirements of this section, the Finance and Administration Department will issue a horse-drawn carriage permit or decal for each.
(l) If a permanent plate or decal is lost, stolen or damaged so as to require replacement, the owner/licensee shall make application to the Finance and Administration Department for a duplicate plate or decal, under oath, on the forms and giving the information as the Finance and Administration Department may require. In the case of a damaged plate or decal, the owner/licensee shall return the plate or decal with the application. Upon receipt of the application and the payment of a replacement fee of $10, the Finance and Administration Department will issue a duplicate plate or decal to the owner/licensee.
(m) 1. Whenever a carriage is found to be in an unsafe or unsanitary condition, or does not fully comply with all the requirements specified herein, or any regulation issued pursuant hereto, a police officer may issue a citation or a complaint may be filed with the County Attorney’s office for violation thereof and the Finance and Administration Department may suspend the license/permit authorized herein.
2. The suspension may be appealed to the Board of Commissioners in writing within 30 days.
(n) No carriage business shall be permitted to operate upon any street in the City unless a valid permit issued by the Finance and Administration Department is attached to the rear of the carriage and the permit is not under suspension or revocation.
(2) No person shall drive a commercial carriage unless the following requirements are met and a permit to engage in that occupation has been issued by the Finance and Administration Department.
(a)
The applicant must have a valid drivers’s license issued by the State of Ohio or Commonwealth of Kentucky for the duration of the permit period.
(b) The applicant shall be free of alcohol and drug addition.
(c) The applicant shall be free of defective vision, defective hearing and any other infirmities that would render the driver unfit for the safe operation of a public vehicle.
(d) Each applicant must file a sworn affidavit that he or she has successfully completed an apprenticeship of 40 hours with carriages or has previous experience exceeding 40 hours therein, which shall include, but is not limited to:
1. The proper method of fitting a harness to a horse and hitching and unhitching a properly harnessed horse;
2. Has ridden with a licensed driver the first 24 hours of the apprenticeship to observe the proper handling and driving of a carriage and has been trained in emergency situations for unexpected animal behavior;
3. Has driven the carriage under the supervision of a licensed driver for the last 16 hours of the apprenticeship; and
4. Is familiar with the traffic regulations and designated carriage routes.
(e) Upon compliance with the requirements of this section, the Finance and Administration Department may issue a permit to the individual to engage in the occupation of driving carriages in the City. The permit shall contain a photograph of the holder, his or her name, address, date of birth and date of issuance. The applicant must make himself or herself available to the Police Department for photographic purposes.
(f) The permit is renewable annually and expires one year from the date of issuance by the City. There shall be a charge of $10 for each permit.
(g) The permit required herein must be in the possession of the driver at all times while driving carriages upon City streets or the driver shall be subject to the penalty set out for carriage businesses herein.
(h) Violation or falsification of information in the application may be grounds for suspension or revocation of the carriage driver permit.
(3) (a) Carriage drivers shall travel only those boundaries as herein designated for carriage travel, including special occasion travel routes as approved by the Chief of Police or his or her designee.
(b) Any authorized area of travel for carriage businesses is subject to the right of the City, through its Police Department, to prohibit the use thereof at any time when the area of travel would be inconsistent with other special events or public safety requirements.
(c) Carriages are prohibited from traveling in the City between the hours of 1:30 a.m. and 8:00 a.m. at all times.
(d) Carriages are prohibited from traveling in the City between the hours of 3:00 p.m. and 6:00 p.m., Monday through Friday, except on national legal holidays.
(e) No driver shall operate a carriage while under the influence of alcohol, drugs or any other substance which impairs the driver’s ability to operate the carriage.
(f) The driver shall observe and obey all traffic laws and regulations of the City and the state.
(g) No driver shall abandon his or her carriage, permit another to drive for him, except an apprentice, or permit any passenger to ride on the driver’s seat.
(h) Drivers shall never permit the seating capacity rated for his or her carriage to be exceeded.
(i) The licensee shall not permit carriages to travel the City streets unless the following is adhered to:
1. Each carriage with a seating capacity not to exceed 7, including the driver and guide, shall be operated by 1 or more horses.
2. Each carriage with a seating capacity from 8 to 14, inclusive, including driver and guide, shall be operated with not less than 2 horses.
3. Each carriage with a seating capacity from 15 to 48, inclusive, including driver and guide, shall be operated with not less than 4 horses.
(j) No passenger shall be permitted to stand or ride on any part of the carriage while in motion, except seated inside the carriage. Drivers shall take all necessary precautions to prohibit the activity. All passengers must be seated, except when loading or unloading.
(k) Drivers or passengers shall not solicit, annoy or obstruct, in any manner, the movement of a person or follow any person for such purpose.
(l) Drivers are prohibited from smoking while carrying passengers for optimum safety and control of the carriage and the safety of its occupants.
(m) The driver of each carriage during travel from 1/2 hour after sunset, and 1/2 hour before sunrise, and at all such other times as conditions exist for poor visibility, shall cause the front lights and tail lights of the carriage to be in operation.
(n) The driver of each carriage upon approaching or exiting a bridge, and during travel on the bridge, shall have the yellow lights flashing in a continuous fashion.
(o) The driver of a carriage shall not travel on the same bridge in the same direction at any point in time while another such carriage is traveling thereon. However, travel in caravans from 2 up to and including 5 carriages may travel by escort with yellow lights flashing, but the bridge travel must not encompass more than 6 minutes from time of entrance to time of exit from the bridge.
(p) The driver shall not permit the speed at which any carriage is driven to exceed a slow trot.
(q) A citation may be issued by a police officer or a complaint for violation of chapter may be filed with the County Attorney’s office and is subject to the penalty as set out herein. In addition thereto, the Finance and Administration Department may suspend the license/permit authorized to the business which suspension may be appealed to the Board of Commissioners in writing within 30 days.
(4) (a) A licensee and/or driver shall adhere to the following.
1. Horses used to power carriages shall be given a 10-minute rest period at the end of 2 consecutive labor hours and potable water must be made available during the rest period. Labor hours are defined as “in-harness” hours for commercial purposes.
2. It is unlawful to keep a horse in harness for commercial purposes for periods in excess of 8 successive labor hours without a minimum of 3 successive hours out of harness. The 8 successive hour rule is defined as “in-harness” hours for commercial purposes, whether those hours are accumulated in-state or out-of-state.
3. Horses shall not be in harness for commercial purposes more than 5 days in a 7-day period.
(b) Horses’ hoofs must be properly shod with rubber compound type horse shoes, borium/ driltex shoe or similar non-slip type shoes to keep the animal from slipping on the pavement, and the hoof shall be kept trimmed.
(c) All horses must have medical examinations at 6-month intervals by a licensed veterinarian at the expense of the licensee, and written medical records including Kentucky-required immunizations and treatment, should be kept on each horse and be available for inspection at reasonable times upon request by the City or its designee. The examination shall encompass that which is consistent with maintaining the health and well-being of the animal as determined by the usual and customary recommended treatment of animals working under such conditions by the Veterinarian Association. The examinations should include, but not be limited to leg and hoof exams, dental exams, internal parasite lab report, cardiovascular exam and drug analysis at intervals sufficient to detect inhumane treatment of the animal at the discretion of the licensed veterinarian if drug abuse is suspected.
(d) Horse equipment such as harnesses, bridles and bits must be properly fitted and kept clean and in good repair. Collars, if used, should fit the horse properly.
(e) Horses shall not be worked for commercial purposes in temperatures below 25°F under calm conditions or a wind chill equivalent of 22°F, nor shall a horse be worked for commercial purposes in temperatures above 90°F as combined with a maximum relative humidity of 10%, or an equivalent temperature of 90°F as combined with relative humidity. All references to temperature shall be as established by the U.S. Weather Bureau for Greater Cincinnati.
(f) Horses must receive adequate and substantial feeding daily which is free from contamination. The feed should be of sufficient quantity and nutritive value to meet normal daily requirements for the condition and size of the animal so as to maintain a healthy flesh.
(g) Lame or sick horses should never be worked.
(h) The paddock area of the stables, if within the City limits, must be kept free of debris and have adequate drainage and soil surface so that it can be used by the horses at any time while not working.
(i) Stable stalls, if within the City limits, shall be a minimum of 12 feet by 12 feet per horse.
(j) Clean, fresh drinking water must be in the stalls and available to the horse at all times.
(k) The stall’s bedding should be a minimum of four inches deep and changed daily.
(l) 1. All buildings and sheds located within the City used for stabling horses shall be well lighted and ventilated and provide protection from the weather. All buildings and sheds used for stabling the animals shall be kept clean and in good repair at all times and manure shall be removed therefrom daily.
2. Any enclosure where the animals are kept shall be graded and raked so as to keep the surface reasonably dry.
(m) A pest control program should be utilized to control flies and other insects in the stalls and buildings. All facilities shall be free of unsanitary conditions where animals are kept so as to be free and clean of conditions which might harbor or be excessively conducive to the breeding of insects, rodents or disease.
(n) No animal shall be subject to any cruel or harassing treatment, including any violation of the mandatory rest periods and water schedules, as well as the other criteria established herein. The licensee shall be responsible for the humane care and treatment of his or her animals or the animals used in the business operation when they are under his or her direct supervision and control. At all other times, the licensee is required to take all necessary and reasonable steps to insure the humane care and treatment of the animals while under the direct supervision and control of the licensed driver or of any other employees the licensee might employ in connection with the care and shelter of the animals.
(o) All such facilities wheresoever located shall be subject to inspection at reasonable times, upon request thereof, by a representative of the Animal Rights Community, the Animal Welfare League, the Campbell County Society for the Prevention of Cruelty to Animals and/or the animal warden of the City. The City shall, likewise, at reasonable times, upon request thereof, be permitted to inspect the premises for Building or Fire Code violations pursuant to state, local or federal regulations.
(p) 1. Consecutive daily records in a bound volume, in ink, must be kept of the movements of each carriage and horse by the licensee, as follows:
a. Driver’s name;
b. Driver’s permit ex- piration date;
c. Horse’s identification number;
d. Carriage plate permit number;
e. Exact time of departure; and
f. Exact time of return.
2. The records shall be subject to inspection by the City’s designee at reasonable times, upon request thereof.
(q) Whenever any provision of this section is believed to have been violated, a citation may be issued by the police or a complaint may be filed with the County Attorney’s office for violation thereof and the violation shall be subject to the penalty set out herein for carriage businesses.
(r) The Finance and Administration Department may suspend or revoke the license/permit authorized herein pursuant for violation of any provision of this section which suspension or revocation may be appealed in writing within 30 days to the Board of Commissioners.
(1995 Code, § 5.52.020)
(C) (1) (a) When the licensee, his or her agents or his or her employees have been convicted of a violation of these regulations, the Finance and Administration Department may notify the violator by certified mail that all licenses/permits have been suspended for a period not to exceed 30 days and that the licenses/permits will be automatically revoked if, at the end of the suspension period, the offense for which the violator was convicted has not been remedied so as to conform to these regulations within that 30-day suspension period.
(b) The violator may appeal this determination of suspension/revocation of the licenses/permits pursuant to the provisions herein.
(2) (a) When an application has been denied or a license/permit has been suspended/ revoked, the applicant may file an appeal in writing within 30 days setting forth his or her reasons for contesting the action with the City Clerk and request that a hearing be held before the Board of Commissioners.
(b) The City Clerk shall also submit a copy of the petition, along with the notification, to the Finance and Administration Department, the City Manager and the Board of Commissioners.
(1995 Code, § 5.52.030)
(D) (1) The Board of Commissioners shall hold all hearings for appeal of suspensions/revocations or denials and make decisions upholding or modifying in the case of suspension/revocations, or sustaining or overruling in the case of denials.
(2) All notices for suspension/revocation shall be by certified mail.
(3) The notices shall set forth the violation, the effective date of suspension/revocation and the length of the suspension and shall contain information enabling the recipient to be informed of his or her right to appeal.
(4) In the case of appeals of suspensions/ revocations or denials, the Board of Commissioners shall notify the petitioner of the date, time and place of hearing of the appeal or denial by certified mail.
(1995 Code, § 5.52.040)
(Ord. O-96-31, passed 10-7-1996; Am. Ord. O-2009-006, passed 6-1-2009)