(A) No person shall operate a horse-drawn carriage for hire upon the streets of the town, and no person who owns or operates a horse-drawn carriage company shall permit a horse-drawn carriage to be driven, unless the driver of such carriage first obtain and have in force a horse-drawn carriage driver's permit issued under the provisions of this section and pay the permit fee therefor (if applicable).
(B) Any person desiring a horse-drawn carriage driver's permit shall submit an application in writing to the Clerk, on a form to be furnished by the Clerk. The application shall state the age of the applicant, his address, their driver's license number, and whether he has been convicted of a violation of any of the laws of the state or the ordinances of the town, and if so, when and of what offense, and the sentence of the court.
(C) An applicant for a driver's permit must be not less than 18 years of age, with no physical infirmities which might make him an unsafe or unsatisfactory horse-drawn carriage driver. No permit shall be issued to any person who has been convicted of operating a motor vehicle while impaired within one year prior to the date of the application for such permit, or who has been convicted of the offense three or more times within five years prior to the date of application. An applicant must provide a copy of his or her current North Carolina Class "C" driver's license or the equivalent license issued by any other U.S. state or the District of Columbia and that the license is not under suspension or revocation.
(D) Each applicant for a driver's permit shall file with the Clerk a sworn affidavit that he or she has successfully completed an apprenticeship with horse-drawn carriages, which includes, but is not limited to:
(1) The proper method of fitting a harness to a horse and hitching and unhitching a properly harnessed horse;
(2) An attestation that the applicant has ridden with a driver permitted hereunder during the first 24 hours of the apprenticeship to observe the proper handling and driving of a horse-drawn carriage and has been trained in emergency situations for unexpected animal behavior; and
(3) Has driven horse-drawn carriages under the supervision of a driver permitted hereunder for the last 16 hours of the apprenticeship;
(4) Is familiar with the traffic regulations and designated horse-drawn carriage routes.
(E) In lieu of the apprenticeship requirements, an applicant may file with the Clerk a sworn affidavit that he or she has had previous experience driving a horse-drawn carriage, exceeding 40 hours therein, including a detailed description, of that experience;
(F) An identification card showing that a permit has been issued under the provisions of this section shall be displayed on the driver's person at all times when the carriage is for hire or is being operated.
(G) A driver's permit shall remain in effect for 12 months from the date of issue. Permits may be renewed, upon application, for additional 12-month periods upon satisfaction of the requirements of this section and payment of the annual permit fee, if applicable.
(H) It shall be unlawful for any person willfully to alter, deface, obliterate or destroy a horse-drawn carriage driver's permit, or cause or allow the same.
(I) Any horse-drawn carriage driver's permit issued under this subchapter is not transferable, and is to be used solely by the person to whom it is issued.
(J) Every driver of a horse-drawn carriage shall be neat and clean in appearance and shall, while on duty, wear an identification badge, with his name and permit information thereon, on his shirt or coat, in plain view. No driver may use any tobacco product while carrying any passenger.
(K) The Clerk shall have the authority to revoke a horse-drawn carriage driver's permit if the holder of the permit:
(1) Ceases to meet the qualifications described in division (C), above;
(2) Fails to correct satisfactorily any false statement made in the application for the permit immediately upon request; or
(3) Fails to operate his carriage in accordance with the provisions of this subchapter.
(Ord. passed 8-1-2016; Am. Ord. passed 11-7-2016)