(a) Application; renewal.
(1) Application for horse-drawn carriage licenses hereunder shall be made upon such forms prescribed by the Director, with the accompanying license fee of one hundred dollars ($100.00) per vehicle annually.
(Ord. 152-05. Passed 3-22-05.)
(2) All horse-drawn carriage licenses expire at midnight on March 31 of each year.
(3) Application for renewal may be made thirty days prior to the date of expiration.
(b) Standards.
(1) The horse-drawn carriage shall, at all times when in use as such:
a. Display adequate headlights, taillights, and a passenger display light as approved by the Director.
b. Display a reflectorized slow moving vehicle emblem in conformance with Ohio R.C. 4513.11.
c. Display, visible to the side at night, a light and/or reflectorization as determined by the Director.
d. Be equipped with seats for the operator and all passengers.
e. Seat not more than eight occupants, to include the operator.
f. Maintain a rubber surface on the wheel traction surface in conformance with Ohio R.C. 4513.25.
g. Not be wider than eight feet, to include fenders, running boards, and safety mirrors and devices.
(2) The operator shall insure that the horse:
a. Be fitted with a device to catch all manure or solid waste except when inside the transport vehicle.
b. Be attended at all times including when loading and discharging passengers.
c. Not be subject to any treatment considered to be cruelty, torment or torture.
d. Not to be an intact male stallion.
(3) The operator of the horse-drawn carriage shall:
a. Be subject to all State and City traffic laws applicable to motor vehicles.
b. Possess a valid State driver's license.
c. Require all passengers to be seated except when boarding or discharging.
d. Not operate during those days and times of day nor operate upon those streets, public places, and quasi public places prohibited by regulations promulgated by the Director.
e. Not operate or stop in any bus priority lane.
f. Make available to any person, upon request, the rates for all tours and trips offered by the services.
g. Flush all liquid waste from the horse immediately with water and spray with the appropriate chemical to eliminate all noxious odor and bacteria.
h. Not be required to give a person or persons a ride in the carriage on demand of such person(s).
i. Not smoke during the operation of the carriage.
(c) Insurance.
(1) The horse-drawn carriage, operator and owner of the service shall be adequately insured for the following:
a. For injury or death of individuals in accidents resulting from any cause for which the operator or owner of the horse-drawn carriage would be liable on account of liability imposed on him by law in the minimum amount of three hundred thousand dollars ($300,000) regardless of whether the horse-drawn carriage is driven by the owner or agent; and for the loss or damage to the property of another; including personal property, under the circumstances, in the minimum amounts of two hundred fifty thousand dollars ($250,000) to five hundred thousand dollars ($500,000) for bodily injury, and one hundred thousand dollars ($100,000) for property damage and under such terms as may be required by the Director.
(2) Such insurance policies shall be submitted to the Director for approval prior to the issuance of each horse-drawn carriage license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the Director, in such form as he may specify by all licenses required to provide such insurance under the provisions of this chapter.
(3) Every insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that by the insolvency or the bankruptcy of the assured, and that until the policy is revoked the insurance company will not be relieved from liability on account of nonpayment of premium, failure to renew license at the end of the year, or any act or omission of the named assured. Such policy of insurance shall be further conditioned for the payment of any judgments up to the limits of such policy, recovered against any person other than the owner, his agent or employee, who may operate the same with the consent or acquiescence of the owner.
(4) Every insurance policy required hereunder shall extend for the period to be covered by the license applied for and the insurer shall be obliged to give not less than thirty days written notice to the Director and to the assured before any cancellation or termination thereof earlier than its expiration date and the cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued for the horse-drawn carriages covered by such policy, unless another insurance policy complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination.
(d) Loading and unloading.
Horses shall not be loaded into or unloaded out of their transport vehicles on a public right of way.
(Ord. 107-04. Passed 3-23-04.)