A. Animal Use Permit Required:
1. In addition to the business license required pursuant to title 4 of this code, shall require each owner, peddler, merchant, itinerant merchant, solicitor or proprietor, or any agent, assign, or subdivision of any kind, to obtain from the city clerk an animal use permit, hereinafter referred to as "permit", to be used solely for the operation of commercial enterprises or businesses using animals or animal drawn vehicles on public streets within the limits of the city of Tombstone. Permit holders shall not be granted a permit unless the permit holder has acknowledged in writing that this ordinance has been read in its entirety and that, by being granted a permit under this ordinance, the permit holder consents to the rules, regulations, restrictions, and penalties embodied in this ordinance and the laws of the state of Arizona and the city of Tombstone.
2. It shall be unlawful for any person, enterprise or business, hereinafter referred to as "person", to be licensed under title 4 of this code or permitted under this title to operate an animal or animal drawn vehicle (also known as a wagon) on the streets of the city of Tombstone for commercial purposes; provided, however, the city clerk may issue licenses and permits for said activities subject to the terms and conditions of this ordinance and such other reasonable terms or conditions as the mayor and common council may impose. The mayor and common council have authority to promulgate rules and regulations relating to such licenses and permits in addition to those contained herein.
B. Principal Also Liable: Any person, firm, partnership, corporation, or entity, or any officer or director thereof, employing any employees, shall also be liable for the violation of any provision of this ordinance by its employee.
C. Indemnity: The holder of any permit issued under the terms of this ordinance shall release and indemnify, defend and save harmless the city, it officers, agents and employees from and against any and all claims, actions, causes of action, demands, judgments, costs, expenses, and all damages of any kind and nature incurred by or insuring to any person whatsoever predicated upon injury to death or any person to damage to property, public or private, or whatever ownership, or damage to business, provided such injury, death, loss or damage shall arise out of or be connected directly or indirectly with the exercise of any right or privilege granted by such a permit.
D. Insurance Requirements:
1. No permit shall be issued or remain in effect unless the permittee, at the permittee's expenses and without cost to the city, procures, and maintain in force and on file with the city clerk sufficient evidence of a general liability policy naming the city of Tombstone as an additional insured covering bodily injury, including death, in the amount of one million dollars ($1,000,000.00) and one hundred thousand dollars ($100,000.00) coverage for injury to or destruction of property of others in any one accident.
2. Such insurance coverage constitutes a minimum requirement and shall in no way be deemed to limit or lessen the ability of the permittee under the terms of such permit. Permittee is encouraged to purchase additional coverage if at no cost to the city.
3. An endorsement shall be included on the required policy, providing for thirty (30) days' notice to the city of any material change or cancellation.
E. Designated Hours And Locations Of Operation:
1. The mayor and common council hereby promulgate rules and regulations designating the hours of operation and the acceptable areas, sites and streets in which animals and animal drawn vehicles may be ridden or operated for commercial purposes. The mayor and common council, or its designee may limit the number of animals and animal drawn vehicles in any area or within the limits of the city of Tombstone if such limitations are needed for the health, safety or welfare of the general public. Limitations shall be temporary and only for the period determined to address an immediate issue of health, safety or welfare. Limitations shall not be made unless reasonable and timely notice is given to the owner or operator specifying the reason for the temporary limitation. The term "operator" is intended to include persons driving, riding, or controlling animals.
2. It shall be unlawful for any person to operate an animal or animal drawn vehicle for commercial purposes at times or locations other than those permitted and stated on the permit.
3. The city clerk is authorized to issue periodic special use permits to peddlers, vendors and persons, waiving the normal hours and defined areas of operation when special days or events are being celebrated.
4. The hours of operation shall be from dawn to dusk.
5. The designated route(s) and loading/unloading zone(s) shall be mapped and filed with the office of the city clerk on the effective date of this ordinance and printed or attached to the permit.
F. Application: An application for a permit under these provisions shall be made to the city clerk and shall include the following information:
1. The name, address and telephone number, both business and personal of the applicant; in the case of an S corporation or closely held corporations, limited liability company or partnership, the names of the shareholders or owners, partners of officers with authority to act on behalf of the corporation or partnership.
2. The number of animals and animal drawn vehicles to be operated by permit holder.
3. A specific description of the area and the streets on which the animal drawn vehicle is to be operated; to include a description of city property and proposed ticket booths or structures.
4. Such other information as the city clerk may require; including the name of animal riders or animal drawn vehicle drivers, their ages and driver license numbers. After submission of initial application, the same information must be submitted for new drivers at the time the driver is hired. Permit holders shall be responsible for keeping the information contained on their application current.
G. Requirements For Issuance: A permit issued under this section shall be subject to the following requirements:
1. The permit shall be valid for a period of not more than twelve (12) months after the date of issuance and may be revoked or suspended for cause. The expiration date of each permit shall be shown on the permit, and each permit shall expire at twelve o'clock (12:00) midnight on the expiration date. Any permit holder may renew a permit by submitting the same application with any updates or changes noted.
2. A permit issued under this ordinance is valid only for the applicant. However, said permit may be transferred to the applicant's heirs, successors or assigns upon approval of the City Council.
3. In addition to the permit holder's name and such other information required by the City Clerk, the permit shall contain the following:
a. The period of time for which the permit is issued;
b. A statement that the permit issued is not transferable unless approved by the City Council. In the case of a corporation, limited liability company or partnership, it shall be unlawful for the permit holder to transfer the permit to any person, shareholder, partner, owner or other entity not listed on the original application. In the case of an organization application, more than one party may be listed as the permissible permit holder for the organization.
c. The locations and hours of the operation; and
d. A statement that the permit is subject to the provisions of this section.
4. The permit holder(s) shall designate by signing the permit that:
a. The permit holder is authorized to sign the permit;
b. The information contained in the application and permit are true and accurate to the best of the signor's knowledge and belief;
c. This chapter has been read and understood in its entirety and that the permit holder consents and binds those operating under the permit to the rules, regulations, restrictions and penalties described herein.
H. Standards Of Issuance And Renewal:
1. If the city clerk finds upon application for a new permit that existing commercial animal drawn transportation for hire is adequate to meet the public convenience the permit application shall be taken by the city clerk to the mayor and common council for a final determination.
2. If the mayor and common council find that the particular commercial transportation for hire in the city will not place an undue burden on the health, safety, or welfare of its citizens and that additional commercial transportation will serve the public convenience and necessity and the applicant can satisfy the legal and financial obligations or responsibilities of this ordinance, and is willing and able to perform such public transportation and to conform to the provisions of this ordinance, then the city clerk shall be instructed to issue a permit to the applicant in accordance with the regulations and limitations stated in subsection I of this section.
3. The mayor and common council shall take into consideration the number of animal drawn vehicles already in operation, whether existing transportation is adequate to meet the public convenience, the probable effect of increased service on local traffic conditions, the character, experience and financial responsibility of the applicant, the number, kind and type of equipment being used in the enterprise.
4. No permit shall be issued by the city unless the applicant has certified in writing to the city clerk that each owner/operator has demonstrated his or her knowledge of horses or other such hoofed animals, animal drawn vehicles, and the handling of the combination of the animals and animal drawn vehicles.
I. Restrictions: A person or firm to whom a permit has been issued hereunder is subject to the following restrictions:
1. The rider or operator of an animal or animal drawn vehicle must be least eighteen (18) years of age and have a valid Arizona driver's license in order to ensure competency levels and knowledge of applicable transportation codes of the state of Arizona and must comply with the same when subject to this chapter.
2. Permittee shall maintain premises and equipment in a clean and safe condition, and adhere to state laws and local regulations pertaining to the proper and humane treatment of animals. Maltreatment to, or neglect of the animals could result in civil or criminal penalties for offending parties.
3. Permittee shall immediately notify the city clerk of any change of address or substantial change in equipment or circumstances.
J. Fees: The fees for permits under this section, which apply to commercial use of animals and animal drawn vehicles, may be prorated if issued for less than one year shall be as follows:
1. Nonrefundable annual application fee: One hundred fifty dollars ($150.00); (Ord. 1-1998, 4-2-1998)
2. Annual permit fee for loading area in the Tombstone historic preservation district: Three hundred twenty dollars ($320.00) per vehicle or one hundred dollars ($100.00) per animal if no vehicle is involved; and (Ord. 1-1998, 4-2-1998; amd. Ord. 2015-01, 7-14-2015)
3. Special use permits for animals and animal drawn vehicles shall not exceed twenty dollars ($20.00) per vehicle or per animal without a vehicle, for each event. A special use permit shall be valid for a twenty four (24) hour period after its effective date or until the conclusion of the event for which the permit is issued, whichever comes first.
K. Parades And Special Events: No permit shall be required for any person riding an animal or driving an animal drawn vehicle in a duly authorized parade or special event authorized by the city unless otherwise ordered by the mayor and common council. Each permit applicant for parade or special event must carry the minimum amount of insurance as specified herein prior to the issuance of a special use permit.
L. Stopping And Loading Of Passengers: The mayor and common council shall establish, fund the construction of, and clearly designate stop and loading zones for animals and animal drawn vehicles. Only designated stop and loading zones will be used by the rider or operator for loading or unloading riders or passengers. No unauthorized zones will be permitted or condoned, except when emergencies arise or when the public safety, health and welfare are paramount considerations or when designated by a police officer.
M. Traffic And Human Regulations And Enforcement:
1. Persons controlling animals and operators of the animals or the types of animal drawn vehicles referenced herein shall comply with all applicable vehicle traffic laws and regulations pursuant to A.R.S. § 28-625, including compliance with stop and yield signs, staying on the streets or designated areas as described in subsection L of this section, and maintaining equipment in a manner prescribed by law. The animal or vehicle shall not be left unattended in a public access area, whether hitched or untied. Additionally, operators and permit holders shall be jointly and severally responsible and liable for the humane treatment of all animals involved in the business for which an animal is used.
2. At no time will a moving animal or an animal drawn vehicle be authorized to travel faster than the natural walking pace of the animal pulling a vehicle or being ridden while within the limits of the city of Tombstone. After that animal has begun walking at its natural walking pace, it shall be presumed that the use of whips, straps or other tools or devices (including hands and feet) against the animal was intended to speed the animal to a pace faster than its natural walk. Passing any moving vehicle or other animal drawn vehicle is strictly prohibited.
3. The city marshal, deputy marshals, the animal control officer, and elected or appointed officer as defined in article II, section 5 of the city charter, are authorized under this ordinance to enforce the provisions contained therein in accordance with subsection M5 of this section.
4. Any rider or operator of an animal or animal drawn vehicle determined to be in violation of this ordinance shall be cited and provided a date for a hearing before the city magistrate. If it is determined by the city magistrate that the rider or operator as described herein violated this ordinance, the rider or operator shall be found responsible of a civil traffic violation or civil municipal code violation and city magistrate shall fine the violator not less than two hundred fifty dollars ($250.00) and provide notice of the conviction and penalty to city clerk. Any rider or operator found to be in violation of this ordinance shall be barred from operating any animal or animal drawn vehicle within the limits of the city of Tombstone for a period of thirty (30) days. Any rider or operator found to be in violation of this ordinance three (3) times within a one hundred twenty (120) day period shall be barred from operating an animal or animal drawn vehicle for commercial purposes within the limits of the city of Tombstone for a period of one (1) year. The office of city clerk shall send to the permit holder via certified mail a notice of suspension and a notification of cease and desist. The suspension of a permit shall take effect ten (10) days after notice mailed unless a hearing is requested in accordance with subsection N of this section. If a hearing is timely requested, the suspension shall automatically be stayed pending the outcome of the hearing.
5. The office of city marshal shall have the authority to use any means reasonably necessary to enforce this ordinance. The marshal or a deputy shall serve upon the operator a citation to remove the operator if necessary. The citation shall be in the form of standard traffic citation and afford the operator the same rights and duties as any other person issued a citation within the limits of the city of Tombstone. Copies of all citations issued under this ordinance shall be delivered to the City Magistrate.
6. Permit holders shall have thirty five (35) days from the day of mailing to make payments due under this ordinance. The city clerk shall have the authority to suspend a permit until all outstanding payments due under this ordinance have been made. The office of city clerk and the office of city marshal are authorized to take any steps reasonably necessary to enforce this ordinance.
N. Hearings:
1. Riders/Operators: Upon written request directed to the city clerk, the thirty (30) day ban shall be automatically stayed beginning the next business day. The written request shall be forwarded to the office of city magistrate and a hearing pertaining to the violation of this ordinance shall be heard within seven (7) days from the date the notice is received by the city magistrate. If no stay is requested, the city magistrate shall hold a hearing concerning the citation within thirty (30) days from the issuance of the citation.
2. Permit Holders: Upon written request directed to the city clerk, a permit holder whose license has been suspended under this ordinance may request a hearing before the mayor and common council within forty eight (48) hours from the date of the receipt of that request. The sole purpose of this hearing shall be to request that the suspension be vacated or stayed or to request an extension before the suspension takes effect. (Ord. 1-1998, 4-2-1998)
O. Style Of Animal Drawn Vehicle: The historic preservation commission (HPC) shall approve the styling for animal drawn vehicles prior to the issuance of a permit. In the event the HPC denies approval, the applicant may appeal that decision to the mayor and common council. The decision of the mayor and common council is final. Any vehicle approved prior to the execution of this ordinance is considered grandfathered. (Ord. 1-1998, 4-2-1998; amd. Ord. 2015-01, 7-14-2015)
P. Number Of Animal Drawn Vehicle Passengers:
1. The number of passengers for each such vehicle shall not exceed the number of seats on such vehicle.
2. Only authorized employees may ride outside or on top of the vehicle. Animals are prohibited from riding on the animal drawn vehicle.
3. The improper transportation of passengers could result in the suspension or revocation of the applicant's permit.
Q. Waste Control: Efficient provisions should be made for the immediate and prompt removal of material deposited by animals. Failure to comply with this provision could result in suspension and/or revocation of the permit.
R. Additional Insurance Coverage: If at any time the city clerk or the city's insurance underwriter should determine that the licensee's insurance coverage is inadequate to provide coverage for the potential claims that could occur for a vehicle accident or runaway situation, or such other incident, the permit holder hereby agrees to carry additional coverage or a special umbrella coverage, for use in the event of a serious accident. The permit holder may ask the mayor and common council to be the final arbiters in the event the permit holder does not or cannot agree to carry additional coverage or special umbrella coverage. Upon a written request from the city clerk to acquire such coverage, the permit holder shall provide written acknowledgment that such coverage has been purchased within twenty (20) days of notice. This will include a copy of the additional insurance coverage form. Copies of this acknowledgment and insurance form shall be mailed, receipt requested, to:
1. The city clerk.
2. The city attorney.
Failure to do so may result in suspension or revocation of the permit unless good cause for noncompliance is stated. However, due to the serious consequences of being under insured, even good cause for noncompliance may result in suspension or revocation the mayor and common council.
S. Inspections Of Animals And Animal Drawn Vehicles:
1. The vehicle and animals may be inspected by the office of city marshal or office of city clerk with or without notice. This inspection may include, but not be limited to, brakes, harnesses, wheels, axles, all safety lights and signs, tongue and overall appearance of the vehicle.
2. The animals used in the operation of a business under this ordinance may be inspected by the city marshal, state livestock inspector/animal control officer or a licensed veterinarian selected by the owner/operator, or if the owner/operator is unable or unwilling to select a licensed veterinarian within a reasonable time, then the city clerk or marshal may select a licensed veterinarian to inspect the animals. Inspections shall be done in a manner that does not substantially interfere with the business unless it is determined by the person inspecting the animal or vehicle that it is or may be a substantial risk to the health, safety or welfare of the animals or public. The city clerk or marshal may hire a licensed veterinarian without the owner's consent in emergency situations. Owners/operators shall pay for all costs associated with the inspection by a licensed veterinarian if an inspection shows that the animal is being neglected or mistreated.
T. Operation/Contract Agreement: The mayor and common council are hereby authorized to place additional definitive restrictions on the permittee by a means of a written operation/contract agreement. The general types of considerations to be included in the said agreement are: route determination, roadway maintenance, loading and unloading sites; hours of operation; animal welfare, treatment and care; appearance and condition of a vehicle; vehicle modifications; expiration and amendment clauses; and authorized seating capacity per vehicle.
U. Violations:
1. Violations of this ordinance, other than traffic violations described in subsections (M) and (W), constitute a civil municipal code violation and shall be subject to fines as imposed by the City Magistrate of not less than two hundred fifty dollars ($250.00) plus surcharges and assessments.
2. Each day a violation should continue to occur shall constitute a separate violation of this ordinance subject to fines as imposed by the City Magistrate.
V. Suspension Or Revocation:
1. The violation of Arizona traffic regulations criminal code or city ordinances could result in suspension of operations up to one (1) year.
2. A permit shall be immediately revoked if the permit holder or agents are found guilty of operating an animal or animal drawn vehicle under the influence of alcohol or an illegal drug. Operating a vehicle in a reckless manner could also be grounds for suspending or revoking a permit.
3. A permit shall be immediately revoked upon the cancellation of insurance as required by this ordinance.
4. The city clerk shall have the authority to suspend under this ordinance and recommend revocations to the mayor and common council. The office of city clerk and the office of city marshal are authorized to take any steps reasonably necessary to enforce this chapter.
W. Operating Under The Influence Drugs Or Alcohol: It shall be unlawful for any person under the influence of drugs or alcohol to operate, drive, and ride an animal or an animal drawn vehicle on a public street. Any person found to be under the influence of drugs or alcohol in violation of this chapter shall be subject to the same fines and penalties as specified in the Arizona Revised Statutes for similar drug and alcohol offenses concerning motor vehicles.
X. Severability: If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions.
Y. Conflict: All other ordinances or parts of ordinances in conflict with this ordinance are repealed. (Ord. 1-1998, 4-2-1998; Ord. 2021-3, 5-11-2021; Ord. 2024-2, 2-13-2024)