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(A) It shall constitute a violation of this subchapter for any person or corporation to use or offer for use a horse in a rental horse business without a license issued pursuant to the regulations and conditions set out hereinafter. No owner or operator of a rental horse business shall permit a carriage driver to operate without a valid chauffeur or operator's permit to drive.
(B) Licenses shall be issued for a term of one year and shall be renewed annually.
(C) An application for a license or renewal of a license shall be made to the Department of Animal Control. Applications for renewal must be submitted no later than ten working days prior to expiration of the current license. All such applications shall contain the name and address of the owner of the horse and the rental horse business in which such horse is to be used. The horse shall be identified by breed, age, sex, color, markings, and the location of the stables where the horse is to be kept, recorded on a veterinary certificate provided by the Department of Animal Control. No license shall be transferable. Upon the transfer of ownership or use of any horse to a new owner or operator shall obtain a new license for such horse within 30 days of the transfer date.
(D) The annual fee for a license or renewal shall be $25 for carriage horses and $10 for riding horses, and shall be paid upon submission of an application to the Department of Animal Control.
(E) Each horse licensed for use pursuant to these regulations shall be assigned an official identification number unique to that horse during the duration of its use by the rental horse business.
(F) An owner or operator of a rental horse business shall keep an accurate daily record of the movement of each licensed horse including driver's name, horse's identification number, vehicle license place number, time of leaving stable and time of return to stable. Such records shall be kept on the premises of the stable where rental horses are kept or maintained and shall be made available to the Department of Animal Control upon request.
(G) An owner or operator of a rental horse business shall make the stable in which horses used in the rental business are kept open for inspection at all reasonable times by authorized personnel of the Department of Animal Control to enforce the provisions of this subchapter.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999
(A) Walls and ceilings. Walls and ceilings shall be kept clean, in good repair, and free of physical hazards at all times. Stall walls shall be constructed of a safe and secure material, with commissioning set beginning at ground level and close enough to prevent the "casting" of a horse.
(B) Floors. Floors shall be level and free of holes or openings, and shall provide proper drainage. No horse shall be stabled on a concrete floor without adequate cushioning.
(C) Storage areas. Feed shall be kept in storage areas constructed to permit extermination treatment in order to be made rodent and insect proof. Feed storage area shall allow no harborage and be kept vermin free. Storage of feed concentrates shall be in an area inaccessible to the horses.
(D) Ventilation. Adequate ventilation shall be maintained, but rental horses shall not be unnecessarily exposed to drafts in stables during cold weather. All stable areas shall be adequately lighted by natural or artificial means so as to permit effective and safe activities through day and night.
(E) General sanitation. All interior areas of a stable and all exterior areas surrounding a stable shall be kept clean, properly drained, and free of nuisances including, but not limited to, odors and accumulation of refuse or excrement. Manure accumulations shall be removed from the premises weekly to prevent rodent and vermin activity.
(F) Stalls. Each stall shall house only one horse or pony. Stalls shall be attended to daily ensuring clean and dry sufficient bedding of straw, shavings, or other suitable material which shall be changed as often as necessary to maintain them. The ceiling and shortest wall of the stall shall measure three feet greater than the height of the horse at the withers.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999
(A) Horses shall not be left untethered or unattended except when confined in a stable or other enclosure.
(B) While at work, rental horses shall be allowed to drink. However, a rental horse shall not be allowed to drink in large quantities unless it is first rested. Water shall be offered at frequent periods throughout the day or in the case of horses not at work, water shall be available at all times. Troughs shall be cleaned daily. Sufficient nutritional foods and water shall be provided free of dust, mold, vermin and other contaminants. Rental horses shall be fed at least twice daily with the larger feeding being provided after the horse has completed work.
(C) Certified weights of all horses and horse drawn vehicles shall be registered with the Department of Animal Control annually. At the discretion of the Department of Animal Control, when supported by the opinion of a consulting veterinarian, a rental horse within a business may be restricted in regard to pulling/riding capacity, based on individual characteristics and abilities.
(D) No rental horse shall be at work for more than eight hours a day. There shall be a rest period of 15 minutes for every two working hours. During such rest periods, the person in charge of such horse shall make fresh water available to the horse.
(E) Rental horses shall not be worked in temperatures below -10° F., with wind chill factor applied. At no time shall a rental horse be at work when the sum of the relative humidity and ambient temperature exceeds 160°. For the purposes of this division, temperatures shall be those measured downtown and broadcast by the local radio stations. An operator of a rental horse already at work at the time the temperatures reach the above-described conditions shall return the passengers to the point of loading and rest the horse in sheltered conditions. Thereafter, such horses may be worked only when the weather conditions once again reach acceptable limits.
(F) Rental horses shall not work on a public highway, street or path during adverse weather or other conditions which are a threat to the health or safety of the horse or the public. Adverse weather conditions may include, but shall not be restricted to snow, ice, heavy rain or other slippery conditions.
(G) Carriage companies shall equip all carriages/horses with a manure-catching device for use at all times while working.
(H) No horse-drawn carriage shall be driven at a speed faster than a trot at any time. All such carriages shall adhere to state law on slow-moving vehicles. No horse drawn carriage shall be operated between the hours of 7:00 a.m. through 9:30 a.m. and 3:30 p.m. through 6:00 p.m., Monday through Friday.
(I) Every horse whose use requires a license hereunder shall be examined by a veterinarian prior to its use in a rental horse business, and thereafter at intervals of not less than once a year. The horse shall be examined and treated for internal parasites. Its general physical condition shall be evaluated, which examination shall include, but not be limited to, inspection of teeth, hooves, and shoes, and for its physical ability to perform the work or duties required of it. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or professional recommendation regarding humane correction or disposition of the same. An Indiana health certificate containing the above information and signed by the examining veterinarian shall be maintained at the stable premises at which such horse is located, and shall contain the identification number, age, and condition of the horse.
(J) The rental horse business shall take immediate action to obtain veterinary treatment, care, and attention when any horse is or becomes sick, diseased, lame, or injured. If a horse dies while at work or in the stable area, or is involved in an accident resulting in an injury to a horse, the Department of Animal Control shall be notified immediately.
(K) A horse covered by this subchapter which is or becomes lame or suffers from a physical condition or illness making it unsuitable for work shall be removed from work by the rental horse business or may be ordered removed from work by the Department of Animal Control. In the event of a dispute regarding such physical condition or illness, the Department may require that a rental horse be examined by a veterinarian in order to determine its ability to safely work as a rental horse. The cost of any such examination shall be borne solely by the rental horse company. A horse which has been removed from work under this division shall not be returned to work until it has recovered from the condition which caused removal from work, or until such condition has improved sufficiently that its return to work will not aggravate the condition or otherwise endanger the health of the horse. A violation of this section shall be presumed if a horse is found at work in a sick or disabled condition within 48 hours after its removal from work for the same condition which caused such removal. Such presumption may be rebutted by offering a written statement from a veterinarian who examined the horse after the time of removal from work but prior to its return to work, which statement sets out the veterinarian's professional evaluation of the condition and his/her opinion that it was suitable for the horse to return to work prior to the expiration of the 48-hour period. This statement shall be carried with the horse during the presumed 48-hour recovery period, and provided to the Department of Animal Control upon request.
(L) Saddles, blankets, harnesses, bridles and bits and all other equipment shall be properly fitted to each horse and kept in good repair.
(M) Horses shall be kept clean while at work and in the stable. Horses shall be trimmed and shod a minimum of once every six weeks or sooner if necessary.
(Ord. 14-2004, passed 12-13-04) Penalty, see § 91.999
(A) Violators shall be fined as follows: Any person violating any of the provisions of this chapter shall be fined for each offense, in any sum not less than $50 nor more than $2,500, and each day's violation shall constitute a separate offense.
(B) Upon finding of violations of this chapter, the court may order relinquishment of an animal(s) deemed to be a public safety risk and/or a repetitive public nuisance that has not been abated or an animal that is a victim of cruelty, neglect, or abandonment, to the Department of Animal Control for disposition.
(C) Upon finding of violation of sections pertaining to animal fighting, public safety, and animal cruelty or neglect, the court may order no animal ownership for a determinate period.
(D) In the event that an animal is retained at the Department of Animal Control because its owner has been in violation of this chapter, the person redeeming the animal by paying the prescribed fees shall also be subject to paying for medical bills incurred for routine shots for animals at the department.
(E) Violations of this chapter may result in immediate impoundment of animal(s).
(F) Violation of any provision of this chapter may result in revocation of any permit(s).
(Ord. 14-2004, passed 12-13-04)