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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)
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)
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)
A. Licensing Requirements: Every person driving a licensed carriage must be licensed as such. Each applicant for a carriage driver's license must:
1. Be licensed by the Utah Department of Motor Vehicles as an operator;
2. Be of the age of twenty one (21) years or over;
3. Be of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him unfit for the safe operation of a public vehicle;
4. Be able to read and write the English language;
5. Not be habituated or addicted to the use of intoxicating liquors or drugs;
6. Produce affidavits of his good character from two (2) reputable citizens of the City who have known him personally, and a similar affidavit from his last employer, unless, in the opinion of the Chief of Police, sufficient reason is given for its omission;
7. Fill out upon a blank form, to be provided by the Chief of Police, a statement giving his full name, residence, places of residence for five (5) years previous to date of application, age, color, height, color of eyes and hair, place of birth, length of time he has resided in the City, whether a citizen of the United States, places of previous employment, whether married or single, whether he has ever been arrested or convicted of a felony or misdemeanor, whether he has previously been a licensed driver or chauffeur and, if so, whether his license has ever been revoked and for what cause; which statement shall be signed and sworn to by the applicant and filed with the Chief of Police as a permanent record. It shall be unlawful for the applicant to make any false statement on said form.
(1979 Code § 5.31.130; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
B. Examination By Chief Of Police: Each applicant for a carriage driver's license under the provisions of this Article shall be examined by the Chief of Police as to his knowledge of the provisions of this Article, the traffic regulations and the geography of the City, and, if the result of the examination is unsatisfactory, he shall be refused a license. Each such applicant must, if required by the Chief of Police, demonstrate his skill and ability to safely handle his carriage in and among motorized vehicles in an urban setting.
(1979 Code § 5.31.140; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
C. Photographs: Each applicant for a driver's license must file with his application four (4) unmounted, unretouched, photographs of himself in such position as the Chief of Police may direct, taken within the thirty (30) days preceding the filing of his application. The photographs are to be of a size which may be attached to his license. One photograph shall be attached to the license when issued, one shall be attached to the plastic badge, one shall be filed with the Business License Coordinator and the fourth with the Chief of Police. The photograph should be so attached to the license that it cannot be removed and another photograph substituted without a detection. Each licensed driver shall, upon demand of any police officer or passenger, exhibit his license and photograph for inspection. Where the application for a license is denied, three (3) copies of the photograph shall be returned to the applicant and one retained by the Chief of Police.
(1979 Code § 5.31.150; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
D. Fee; Issuance; Term: The fee for a driver's license shall be as established in Chapter 1, Article B of this Title. Upon payment of the fee and compliance with the other requirements therefor, the Business License Coordinator shall issue the applicant a driver's license and the badge required by this Article. The driver's license shall expire two (2) years after date of issue. It shall be in such form as to contain the photograph and signature of the licensee and a blank space upon which a record may be made of any arrest, revocation, suspension or serious complaint against the licensee. It shall be unlawful for any license to deface, remove or obliterate an official entry made upon his license.
(1979 Code § 5.31.160; Ord. 88-23, 6-9-1988; amd. Ord. 97-94, 12-16-1997; Ord. 98-54, 8-18-1998)
E. Driver's Badge: There shall be delivered to each licensed driver a plastic badge of such form and style as the Chief of Police may prescribe, with the driver's picture, signature and license number thereon, which must, under penalty of the revocation of the license, be constantly and conspicuously displayed on the driver's cap or person when he is engaged in his employment as a horse-drawn carriage driver. Such badge shall be nontransferable, and it shall be unlawful for any person to wear any such badge or one so similar as to deceive any person, unless the same has been regularly issued, as provided in this Article, to the person wearing it.
(1979 Code § 5.31.170; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
F. License Denial, Suspension, Revocation:
1. Denials, suspensions or revocations shall be handled in accordance with the provisions of Chapter 1, Article C of this Title, or its successor.
2. In addition to the grounds stated in Chapter 1, Article C of this Title, the driver's license may be suspended or revoked for a violation of any of the provisions of this Article, or for violation of any ordinance of the City or the State that involves a crime against the person or property of another. Any such suspension shall be noted on the license, together with a statement of the reasons thereof, and the driver shall thereupon be suspended or deprived of his badge, the badge to be returned at the expiration of the period for which the license was suspended. A second suspension of any license shall revoke such license. No driver whose license has been revoked shall again be licensed as a driver for licensed public vehicles in the City except upon presentation of persons satisfactory to the Mayor, or the Mayor's designee.
(1979 Code § 5.31.190; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
There shall be kept in the office of the Business License Coordinator a complete record of each license issued to a driver and of all renewals and revocations or suspensions thereof, which record shall be kept on file with the original application of the driver for a license.
(1979 Code § 5.31.180; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
The City authorizes licensee to operate its horse-drawn carriage business upon streets within the City according to streets, routes and restrictions authorized by the City's Traffic Engineer in coordination with the Chief of Police. The authorized routes shall be subject to amendment from time to time by the City.
(1979 Code § 5.31.110; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
A. Schedule Of Rates: It shall be the duty of every operator of a horse-drawn carriage to file with the City a current schedule of rates to be charged by him/her in the operation of carriage, and no transportation shall be performed or service rendered except in conformity therewith. The City Council, upon its own motion or upon the request of any person, may review those fares and charges and may establish maximum fares in the event it determines the charges are unreasonable.
(1979 Code § 5.31.210; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
B. Use Of Taxicab Stands: Horse-drawn carriages may use existing taxicab stands as established by the City in the business district in Section 10-3-2 of this Code.
(1979 Code § 5.31.240; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
C. Driver To Remain Near Carriage: It is unlawful for any person, while engaged as a driver, chauffeur, solicitor or attache of a licensed horse-drawn carriage, to leave the immediate vicinity of the carriage except for the purpose of assisting passengers or securing or delivering their baggage upon the request of his patrons.
(1979 Code § 5.31.250; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
D. Driver May Demand Payment In Advance: The owner or driver of any licensed horse-drawn carriage shall have the right to demand in advance the minimum fare of any person employing him and may refuse to convey or transport any person who shall not comply with such demand.
(1979 Code § 5.31.260; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
E. Occupant To Have Exclusive Use: When a carriage is engaged, the occupant shall have the exclusive right to the full and free use to the passenger compartment, and it is unlawful for the owner or driver of the carriage to solicit or carry additional passengers therein except with the consent of the passenger.
(1979 Code § 5.31.280; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
F. Most Direct Route Required: Any driver employed carrying passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination.
(1979 Code § 5.31.290; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
G. Manifest:
1. Maintenance Required: Every carriage driver shall maintain a daily manifest which shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for the manifest shall be furnished to the driver by the owner of the horse-drawn carriage business and shall be of a character approved by the Mayor.
(1979 Code § 5.31.300; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998; 1999 Code)
2. Retention; Right Of Inspection: Every owner of a horse- drawn carriage business shall retain and preserve all manifests in a safe and convenient place for a period of time covering at least the current calendar year and the calendar year immediately preceding the current calendar year. All manifests shall be available for inspection by the Chief of Police, the City Attorney and the Mayor, or any of them, or any person or person designated by any of them.
(1979 Code § 5.31.310; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
H. Display Of License Card; Driver's License: There shall be displayed in a suitable holder, in a conspicuous place inside of each carriage, within the plain view of any passenger, the card issued by the Business License Coordinator containing the official license number for the carriage, the driver's license of the driver, with his picture, the telephone number of the horse-drawn carriage company and a statement that the Chief of Police and the carriage company are to be notified in case of any complaint about the quality of the service.
(1979 Code § 5.31.320; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
I. Driver Or Owner To Give Name And Number: It is unlawful for the owner or driver of any licensed public passenger carriage upon being requested to do so to refuse to give the number of the vehicle and the name of the driver thereof.
(1979 Code § 5.31.330; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
J. Signage Required: Each carriage must display a standard "Slow Moving Vehicle" sign on the rear of each carriage as approved by the Chief of Police who shall be authorized to require other signage or illuminations that he may deem necessary for the reasonable safety of the operation of the carriage, its passengers, animals, traffic, pedestrians and the public.
(1979 Code § 5.31.360; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
K. Animal Treatment And Sanitation: No horse shall be treated cruelly or in violation of animal control regulations regardless of whether it is stabled or working. Licensee shall comply with all requirements of the County Health Department and Animal Services Division, particularly those relating to stabling and working conditions. While on the streets, each horse must be attended at all times. Each must also be fitted with a device to catch all manure or solid waste. Each driver must flush all liquid waste from the horse immediately and spray it with appropriate chemicals to eliminate all noxious odor and bacteria. The driver shall be responsible to store, in approved containers only, and discard the manure in approved locations to avoid contaminating storm drains. The County Health Department or Animal Services Division may, upon request, require a veterinarian certificate of health for any horse pulling carriages and may preclude the use of any horse that is found unfit.
(1979 Code § 5.31.370; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
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