A. Operators, Vehicles, and Drivers Shall Comply with the Following Requirements.
1. Drivers of horse-drawn vehicles shall obey all traffic laws and regulations of the city and the state.
2. Each horse-drawn vehicle shall be equipped with:
a. Two tail lights, red in color, visible from one thousand (1,000) feet when lit and mounted between fifteen (15) and seventy-two (72) inches apart;
b. Two side marker lights, amber in color, one on each side of the vehicle, visible from the front; and
c. Brakes in good working condition.
3. No horse-drawn vehicle shall be left unattended on the public right-of-way at any time. A vehicle is attended when a licensed driver is within ten (10) feet of the horse. When one driver is attending two horse-drawn vehicles, the driver shall be on the ground and both horses shall be tied to a hitching post or other fixed object. No driver shall attend more than two vehicles.
4. Horses or other animals used to draw vehicles shall be worked no faster than at a slow trot. When traffic permits, the animal shall be walked.
5. A driver shall be in the driver's seat of the horse-drawn vehicle with driving lines in hand before loading and unloading passengers. When the driver is required to assist passengers on and off the vehicle, the horse shall be properly secured to a hitching post or other fixed object.
6. No person shall unbridle a horse while the horse is connected to a vehicle.
7. No person other than a driver with a valid permit or a driver trainee, and no animal, may sit in the driver seating area of any vehicle, except with prior written consent from the director.
8. No person shall be permitted to stand on any vehicle while it is in motion. All passengers shall remain seated in the passenger seating area except when embarking or debarking the vehicle.
9. A driver shall not smoke, eat, drink or wear headphones while a vehicle is in motion.
10. Drivers shall be dressed in historically authentic clothing.
11. All carry-on equipment shall be safely secured while the vehicle is in motion.
B. Tickets shall be sold only at designated locations or on the vehicles themselves. There shall be no hawking of tickets or services from the vehicles or from any public right-of-way. Ticket prices for rides offered in Old Sacramento (including the basic route described in subsection F of this section) shall be displayed in writing on the vehicle so as to permit a patron to view the rates before boarding the vehicle (e.g., on a sign displayed within the vehicle which is visible to a patron before boarding). Signage shall be of historically authentic style and approved in advance by city.
C. All horses or other animals used to draw vehicles for hire in the city shall be subject to examination by a veterinarian or other qualified person of city's choice at any time while the animal is on the public right-of-way and upon twenty-four (24) hours' notice at any other location. Failure to allow such examination shall be grounds for summary suspension of the operating permit pursuant to Section 10.64.150 of this chapter. The director shall bill to each operator, and the operator shall pay within thirty (30) days after issuance of the billing, the cost of any animal examinations made pursuant to this chapter; provided, however, that an operator shall be required to pay for more than two examinations of any individual animal within a twelve (12) month period (not including any examination required to obtain or renew any permit required by this chapter) only if an examination of one or more of the operator's animals results in a finding of misuse.
D. Horses and other animals shall be further governed as follows:
1. No animal shall work for more than eight hours per day. An animal shall be deemed to be working whenever it is attached to a horse-drawn vehicle. An animal shall be rested and watered for at least twenty (20) minutes after two hours of work and at least thirty (30) minutes after both four hours (total) and six hours (total) of work. When the outdoor temperature exceeds ninety (90) degrees F., the rest shall be provided in a shaded location.
2. No animal shall work when a thermometer, placed at a street level location selected by the director, registers one hundred (100) degrees F., except that when an operator previously entered into an agreement to provide service on such date, an animal may be worked for the previously agreed upon service only. Each operator shall provide to the director, in advance, a monthly listing of all precontracted service obligations, including the date, time and length of each service to be provided and the name and telephone number of the patron to whole the service will be provided. Only a service contained in the monthly listing shall qualify for exception from the one hundred (100) degrees F. limit.
3. Mares shall not be permitted to work past the seventh month of pregnancy, and shall not return to work until the fifth month after giving birth.
4. No horse under the age of three years shall be permitted to draw a horse-drawn vehicle.
E. A health passport/work log shall be kept for each animal used by the operator, containing the following information:
1. A color photograph showing front and rear views of the animal;
2. Name of animal, sex, size, weight and breed;
3. Dates of vaccinations, worming and other health care procedures;
4. The dates and hours the animal works;
5. Any other information which the city determines is reasonably necessary to insure proper care of the animal.
One copy of the health passport/work log shall be kept with the animal at all times. East operator shall provide a copy of the health passport/work log for every animal used in his or her operation to Old Sacramento management office by the 5th of each month for the previous calendar month.
F. Each operator of a horse-drawn vehicle shall install and properly maintain an effective device to catch feces before it falls to the ground and shall ensure that any feces or other waste deposited on the public right-of-way or any private property within the city is cleaned up immediately after such deposit.
G. In Old Sacramento, horse-drawn vehicles shall park only in curbside areas designated for the use of horse-drawn vehicles, for a maximum of fifteen (15) minutes, as set forth in Section 10.36.330 of this title.
H. The director shall establish one basic horse-drawn vehicle route within Old Sacramento and shall set the ticket price for a ride along the established route. Before establishing the route and setting the ticket price, the director shall invite current operators to submit information regarding their current routes and prices to assist the. director in establishing the route and setting the price. The ticket price set by the director may be a "per person" rate or a single rate for the entire vehicle, irrespective of occupancy, and may distinguish between rates for children, adults and seniors. The director shall give the basic route a name consistent with the spirit of Old Sacramento. Each operator shall offer to the general public a ride along the basic route established by the director at the price set by the director. The availability of this offering shall be advertised along with the operator's other offerings and shall be no less prominently featured than any other offering.
I. Each operator operating in Old Sacramento shall pay, in addition to the generally-applicable business operation tax, an additional charge relating to the Old Sacramento business improvement area as if the operator had its fixed business address within the area. (Ord. 98-005 § 1; prior code § 25.12.258)