ARTICLE C. HORSEDRAWN CARRIAGES

SECTION:

5-16C-1: Definitions

5-16C-2: Number Limitation

5-16C-3: License Required

5-16C-4: Certificate Required

5-16C-5: Application And Qualification Requirements

5-16C-6: Carriage Driver's License Required

5-16C-7: Approval Procedure

5-16C-8: Records Maintained

5-16C-9: Routes Designated

5-16C-10: Rules And Regulations

5-16C-11: Prohibited Acts

5-16C-12: Suspension, Revocation Or Denial

5-16C-1: DEFINITIONS:

CERTIFICATE: A certificate of public convenience and necessity issued by the mayor, or the mayor's designee, authorizing the holder thereof to conduct in Ogden City a business in the transportation of persons by horsedrawn carriage pursuant to the provisions of this article.

HOLDER: A person to whom a certificate of public convenience and necessity has been issued.

HORSEDRAWN CARRIAGE: A nonmotorized vehicle propelled by a horse used for the purpose of transporting persons for hire, or for tips or gratuities, within the city.

(1979 Code § 5.31.010; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)

5-16C-2: NUMBER LIMITATION:

The mayor may limit the number of horsedrawn carriages that may be licensed to operate upon the streets of the city on the basis of public convenience, welfare and necessity, under the provisions of section 5-1A-2 of this title.

(1979 Code § 5.31.030; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)

5-16C-3: LICENSE REQUIRED:

It is unlawful for any person, firm or corporation owning or having under its control any horsedrawn carriage to operate the same or to suffer the same to be operated or to suffer or allow the same to be upon the streets of the city unless a horsedrawn carriage license has been issued pursuant to the provisions of this article and is in full force and effect at the time of the operation or presence of said carriage upon the streets of the city as aforesaid. No license shall be issued for any such carriage business except to a holder of a certificate as provided under section 5-16C-4 of this article. A horsedrawn carriage license for each carriage shall be issued only to the owner thereof and after compliance with the provisions of this article.

(1979 Code § 5.31.020; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)

5-16C-4: CERTIFICATE REQUIRED:

No person shall operate, or permit to be operated, a horsedrawn carriage owned or controlled by him upon the streets of the city without having first obtained a certificate of public convenience and necessity, as provided under article B of this chapter, authorizing the operation of a horsedrawn carriage.

(1979 Code § 5.31.015; Ord. 98-54, 8-18-1998)

5-16C-5: APPLICATION AND QUALIFICATION REQUIREMENTS:

   A.   Contents Of Application: Applications for horsedrawn carriage licenses shall be made on forms furnished by the city. The applications must set forth the full name and address of the applicant, the number of carriages, and shall also contain such other information as the city may from time to time specify. It shall be unlawful to make any false statement on an application for any such license.

(1979 Code § 5.31.040; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)

   B.   Fee For License: The fees for horse-drawn carriage licenses shall be as established in Chapter 1, Article B of this Title.

(1979 Code § 5.31.050; Ord. 88-23, 6-9-1988; amd. Ord. 97-94, 12-16-1997; Ord. 98-54, 8-18-1998)

   C.   Carriage Inspection: No license shall be granted for any horse-drawn carriage, until it has been thoroughly and carefully inspected and examined by or under the direction of the Chief of Police and found to be in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance and well painted and varnished, and, further, found to comply with all applicable laws, ordinances and regulations of the State. The Chief of Police shall at all intervals, in his discretion, after the issuance of the license, make regular and thorough inspection of the licensed carriage. The Business License Coordinator shall refuse a license to, or if already issued, the Mayor, or the Mayor's designee, may revoke or suspend the license of, any carriage found by the Chief of Police to be unfit or unsuited for public patronage. It is unlawful to operate or to place in service or allow to be operated on the streets of the City any public carriage which fails to meet the minimum requirements specified in this subsection.

(1979 Code § 5.31.060; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)

   D.   Common Carrier Status: Licensee shall be responsible to obtain the approval and comply with any terms that may be imposed by the Public Service Commission of the State, should it be required.

(1979 Code § 5.31.100; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)

   E.   Card Issuance; Contents: Upon satisfactory proof of the successful passing of the inspection made by the Chief of Police and the payment of the necessary fees and the compliance with all other sections of this Article, the Business License Coordinator shall issue to any person, firm or corporation operating a horse-drawn carriage business in the City a carriage license card for each carriage license. The form and size of the card shall be prescribed by the Business License Coordinator and shall contain a description of the carriage, together with any identification number or numbers, the date of its issuance and a statement to the effect that in case of any complaint, the Chief of Police and the horse-drawn carriage licensee shall be notified. The card shall be signed by the Business License Coordinator and shall be good for the license year of its issuance unless sooner revoked or suspended, and shall contain blank spaces upon which entries shall be made of the date of every inspection of the vehicle by the Chief of Police.

(1979 Code § 5.31.070; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)

5-16C-6: CARRIAGE DRIVER'S LICENSE REQUIRED:

It is unlawful for any person to drive a horse-drawn carriage upon the streets of the City without first having obtained a carriage driver's license as provided herein. It is also unlawful for any person to drive any other public vehicle in the City unless he is duly licensed in the manner prescribed by law to drive such vehicle, or for any person to drive such vehicle without complying with any of the applicable provisions of this Article.

(1979 Code § 5.31.120; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)