Full Ordinance Name:  Mobile, Alabama, Code of Ordinances. CITY CODE. Chapter 7 - ANIMALS AND FOWL. ARTICLE VI. - HORSE-DRAWN CARRIAGES. DIVISIONS 1 - 4.

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Primary Citation:  Mobile, Alabama, Code of Ordinances §§ 7-131 to 7-191. Date Adopted:  1989 Jurisdiction Level:  Alabama Last Checked:  August, 2013
Summary:

In Mobile, Alabama, animal-drawn passenger vehicles are restricted to horse drawn carriages. The following ordinances provide the restrictions and requirements placed upon the operations of these carriages within the city.

DIVISION 1. - GENERALLY

Sec. 7-131. - Definitions

Sec. 7-132. - Penalties

Sec. 7-133. - Complaints against service.

Sec. 7-134 . - Animal-drawn passenger conveyance restricted.

Sec. 7-135. - Route limitations.

Sec. 7-136. - Pickup and discharge of passengers.

Sec. 7-137 . - Stopping or standing.

Sec. 7-138 . - Carriage stands.

Secs. 7-139—7-150. - Reserved.

DIVISION 2. - BUSINESS LICENSE

Sec. 7-151. - Required.

Sec. 7-152 . - Limit on number.

Sec. 7-153. - Finding of public convenience and necessity required.

Sec. 7-154. - Application fee and information.

Sec. 7-155 . - Liability and indemnification.

Sec. 7-156 . - Revocation.

Sec. 7-157. - Adding carriages or horses.

Secs. 7-158—7-160. - Reserved.

DIVISION 3. - DRIVERS AND CARRIAGES

Sec. 7-161. - Drivers—Minimum qualifications.

Sec. 7-162. - Same—Operating standards.

Sec. 7-163. - Carriage design standards.

Sec. 7-164. - Carriage equipment.

Sec. 7-165. - Carriage lights.

Sec. 7-166. - Maintenance of carriages.

Sec. 7-167. - Removal of unsafe carriages from service.

Sec. 7-168. - Carriages not to be used in crimes.

Sec. 7-169. - Sanitary facilities and standards.

Secs. 7-170—7-180. - Reserved.

DIVISION 4. - HORSES

Sec. 7-181. - Age and weight requirements.

Sec. 7-182 . - Examination and certification.

Sec. 7-183. - When horse is unfit for service.

Sec. 7-184. - Pace.

Sec. 7-185 . - Rest breaks, rest periods and pasture time.

Sec. 7-186. - Service during extreme temperatures.

Sec. 7-187 . - Watering horses.

Sec. 7-188. - Blinders

Sec. 7-189. - Shoes.

Sec. 7-190. - Diapering apparatus.

Sec. 7-191. - Striking or startling

 

DIVISION 1. - GENERALLY

Sec. 7-131. - Definitions.

Unless the contract clearly requires otherwise, the following terms, where used in this article, shall have the following meanings:

Animal-drawn carriage shall mean a vehicle which meets the design standards of section 7-163 and is pulled by carriage horses, dray horses or draft horses and is used for the purpose of conveying passengers for hire.

Certificate of convenience and necessity shall mean a certificate authorizing the use of a certain animal-drawn carriage for touring purposes.

(Ord. No. 07-026, § 1, 4-18-89; Ord. No. 07-051, § 1, 6-9-92)

Sec. 7-132. - Penalties.

Each violation of this article or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable as prescribed in section 1-21; and each day a violation continues to exist shall constitute a separate offense.

(Ord. No. 07-026, § 13.1, 4-18-89; Ord. No. 07-051, § 13.1, 6-9-92)

Chapter 1: GENERAL PROVISIONS. ARTICLE II: PENALTY AND ENFORCEMENT PROCEDURES. DIVISION 1. GENERALLY. Sec. 1-21. Ordinance violation penalty; continuing violations.

(a) Any person, firm or corporation committing an offense within the corporate limits of the city or within the police jurisdiction thereof, which is in violation of an ordinance of the city now existing or hereafter enacted shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00), except as follows:

(1) In the enforcement of the penalties prescribed in § 32-5A-191 of the Code of Alabama, the fine shall not exceed five thousand dollars ($5,000.00);

(2) Notwithstanding any other provision of law, the maximum fine for every person either convicted of violating any of the following misdemeanor offenses adopted as a municipal ordinance violation or adjudicated as a youthful offender shall be one thousand dollars ($1,000):

a. Criminal mischief in the second degree, § 13A-7-22.

b. Criminal mischief in the third degree, § 13A-7-23.

c. Theft of property in the third degree, § 13A-8-5.

d. Theft of lost property in the third degree, § 13A-8-9.

e. Theft of services in the third degree, § 13A-8-10.3.

f. Receiving stolen property in the third degree, § 13A-8-19.

g. Tampering with availability of gas, electricity, or water, § 13A-8-23.

h. Possession of traffic sign; notification; destruction, defacement, etc. of traffic sign or traffic control device; defacement of public building or property, § 13A-8-71 and § 13A-8-72.

i. Offenses against intellectual property, § 13A-8-102.

j. Theft by fraudulent leasing or rental, § 13A-8-140 through § 13A-8-144.

k. Charitable fraud in the third degree, § 13A-9-75.

l. Illegal possession of food stamps in the third degree, § 13A-9-91.

m. Such other offenses that municipal court judges are hereinafter authorized to subject to a fine of one thousand dollars ($1,000.00) under state law.

(3) Such other amounts as the state law may hereinafter authorize a municipal judge to impose.

(b) In addition thereto, at the discretion of the court trying the case, any person so convicted may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months, except as follows:

(1) In the enforcement of the penalties prescribed in § 32-5A-191 of the Code of Alabama, any person convicted of violating said section may be sentenced to imprisonment or hard labor for a period not exceeding one (1) year;

(2) Such other periods of imprisonment as the state law may hereinafter authorize a municipal judge to impose.

(c) However, no penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine or sentence of imprisonment established under state law for the commission of substantially similar offenses.

(d) Except where otherwise provided, every day any violation of such Code or any other ordinance of the city or such rule, regulation or order shall continue shall constitute a separate offense.

(Code 1965, § 1-4; Ord. No. 01-167, 12-21-77; Ord. No. 41-108, § 1, 11-15-77; Ord. No. 01-096, 12-14-91; Ord. No. 01-018-2012, §§ 1, 2, 7-10-12)

Sec. 7-133. - Complaints against service.

Complaints against any horse-drawn carriage service should be sent in writing to the office of the city clerk. The city clerk will determine the appropriate official to handle such complaint and shall immediately forward such complaint to the appropriate official for investigation.

(Ord. No. 07-026, § 13.2, 4-18-89; Ord. No. 07-051, § 13.2, 6-9-92)

Sec. 7-134. - Animal-drawn passenger conveyance restricted.

No person shall operate or cause to be operated for hire any vehicle, of whatever nature, drawn by animals for the purpose of conveying passengers within the limits of the city, except horse-drawn carriages as provided in this article.

(Ord. No. 07-026, § 2.1, 4-18-89; Ord. No. 07-051, § 2.1, 6-9-92)

Sec. 7-135. - Route limitations.

Before a horse-drawn carriage is operated on any street within the city, the route must first be approved by the traffic engineering director; however, no horse-drawn carriage may operate, except by express written consent of, and with such conditions and safeguards as may be required by, the city traffic engineering director, on the following streets within the city:

Beauregard Street.

Broad Street.

Dauphin Street, west of Broad Street.

Government Street.

Springhill Avenue, west of Broad Street.

Water Street.

(Ord. No. 07-026, § 2.2, 4-18-89; Ord. No. 07-051, § 2.2, 6-9-92)

Sec. 7-136. - Pickup and discharge of passengers.

Horse-drawn carriages may pick up and discharge passengers only at specified locations on a specified route as approved by the city traffic engineering director.

(Ord. No. 07-026, § 3.1, 4-18-89; Ord. No. 07-051, § 3.1, 6-9-92)

Sec. 7-137. - Stopping or standing.

No horse-drawn carriage operator, in the conduct of any tour, shall stop or stand for descriptive purposes, but shall remain in and be part of the traffic flow; provided, however, that horse-drawn carriages shall safely pull temporarily to the side so as to prevent unnecessary delays to following traffic, and provided further, that horse-drawn carriages are permitted to pull to the side of streets out of the traffic flow temporarily, for descriptive purposes.

(Ord. No. 07-026, § 3.2, 4-18-89; Ord. No. 07-051, § 3.2, 6-9-92)

Sec. 7-138. - Carriage stands.

(a) Further, the city traffic engineering director is hereby empowered to designate the location and the extent of space for stands to be known as horse-drawn carriage stands. No automobiles or other means of conveyance except such horse-drawn carriages as defined in this article shall be permitted to use such stands within the time as provided by the rules and regulations promulgated by the city traffic engineering director, unless the traffic engineering director has so authorized. The traffic engineering director is further hereby authorized and directed to formulate and promulgate reasonable rules and regulations for the use of such stands, so as to ensure a quality of opportunity among operators and to prevent discrimination among horse-drawn carriage stands and to prevent unfair practices among owners, operators and drivers of such horse-drawn carriages.

(b)No more than four (4) horse-drawn carriages shall be parked at any one (1) stop at any one (1) time.

(c) Any horse-drawn carriage business owner desiring to have a place designated as a regular stand for horse-drawn carriages within the city shall make application by written petition to the traffic engineering director for the establishment of the horse-drawn carriage stand, setting out where the stand is desired to be; such stand is to be used jointly by horse-drawn carriage companies.

(d) Passenger-pickup stands shall be as designated by the city traffic engineering director. Standing at other locations will not be allowed, except for discharge of passengers. Rules for maintenance and use of stands will be established by the director of public works.

(Ord. No. 07-026, §§ 3.3—3.6, 4-18-89; Ord. No. 07-051, §§ 3.3—3.6, 6-9-92)

Secs. 7-139—7-150. -Reserved

 

DIVISION 2. - BUSINESS LICENSE

Sec. 7-151. - Required.

It shall be unlawful for any owner of any horse-drawn carriage to operate or to permit the same to be operated upon the public streets of the city without first having obtained, and having then in force, a horse-drawn carriage business license as herein provided.

(Ord. No. 07-026, § 8.1, 4-18-89; Ord. No. 07-051, § 8.1, 6-9-92)

Sec. 7-152. - Limit on number.

There shall be no more than two (2) companies operating horse-drawn carriages within the city and there shall be no more than ten (10) carriages operated by any one (1) company for at least an initial two-year period from June 9, 1992.

(Ord. No. 07-026, § 8.2.7, 4-18-89; Ord. No. 07-051, § 8.2.7, 6-9-92)

Sec. 7-153. - Finding of public convenience and necessity required.

(a) No horse-drawn carriage shall be granted license until the city council shall have determined by resolution that the public convenience and necessity requires issuance of such license.

(b) Before making any finding as to whether public convenience and necessity justify the issuance of a horse-drawn carriage license, the city clerk shall cause to be published in a newspaper of general circulation in the city and sent by mail to each holder of a certificate of public convenience and necessity for a horse-drawn carriage, a notice stating that such application has been made, the number of horse-drawn carriages for which such application has been made, and the number of horses per carriage for which such application has been made, and that a public hearing shall be held to determine whether the public convenience and necessity requires such license or additional horse-drawn carriages or horses on the date of such publication.

(c) In making the findings of public convenience and necessity required by subsection (a), the city council shall take into consideration the number of horse-drawn carriages and horses for such carriages already in operation in the city and whether existing transportation is adequate to meet the public needs, the probable effect of additional horse-drawn carriages or horses on local traffic conditions, and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.

(d) In order to better control and regulate the horse-drawn carriage service within the city, the City Council of the City of Mobile shall not make a finding that the public convenience and necessity justifies the issuance of a horse-drawn carriage license unless the application therefor shall provide for the operation of not more than ten (10) horse-drawn carriages and not more than three (3) horses for each horse-drawn carriage.

(Ord. No. 07-026, §§ 8.2.8, 8.2.9, 8.3, 8.4, 4-18-89; Ord. No. 07-051, §§ 8.2.8, 8.2.9, 8.3, 8.4, 6-9-92)

Sec. 7-154. - Application fee and information.

Every person who desires a horse-drawn carriage license shall pay a filing fee of fifty dollars ($50.00) to the city clerk and make a written application to the city council for a certificate of public convenience and necessity upon forms to be furnished by the city clerk, verified under oath stating:

(1) Name and address of the applicant, specifying in the case of any unincorporated association, partnership or firm, the names and addresses of each member thereof and the quantum of interest of each member; and in case of any corporation, the names and addresses of each stock holder, officer and director thereof, with the number of shares of stock owned or held by each of them.

(2) A complete statement by the applicant specifying the amounts of all unpaid judgments against the applicant, each member, officer or director, and the nature of the transaction or action giving rise to the judgments and the name and location of the court in which, and the date on which, any such judgment was entered.

(3) All misdemeanors or felonies of which the applicant and any member thereof, if an unincorporated association, partnership or firm, and any officer or director if a corporation, if convicted, stating the names and locations of the court in which, and the date on which such convictions were held and the penalties imposed therefor.

(4) The location of any designated stand and stables proposed to be used by the applicant.

(5) The number of carriages which the applicant wishes to operate; provided, however, that such number of carriages shall not exceed five (5) for any one (1) applicant or company.

(6) A description of the insignia, trade name and proposed color scheme for each horse-drawn carriage.


(Ord. No. 07-026, § 8.2—8.2.6, 4-18-89; Ord. No. 07-051, §§ 8.2—8.2.6, 6-9-92)

Sec. 7-155. - Liability and indemnification.

(a) The applicant shall pay and by his/her acceptance of a permit specifically agrees to pay, any and all damages or penalties which the city may be legally required to pay as a result of the licensee's operation or maintenance of a horse-drawn carriage, whether or not the acts or omissions complained of are authorized, allowed or prohibited by the city.

(b) A licensee under this article shall also pay expenses incurred by the city in defending itself with regard to any and all damages as set out in subsection (a), above. These expenses shall include all out-of-pocket expenses, including a reasonable attorney's fee and the reasonable value of services rendered by any employee of the city.

(c) The applicant shall furnish to the city revenue officer and to the city clerk, prior to the issuance of a horse-drawn carriage business license, a certificate of insurance insuring the city, the applicant, each horse-drawn carriage and each horse to be used in such business by the licensee, against public liability in the minimum limits of one hundred thousand dollars ($100,000.00) for personal injury or death to any one (1) person for any one (1) accident, and three hundred thousand dollars ($300,000.00) for personal injury or death to two (2) or more persons in any one (1) accident and twenty thousand dollars ($20,000.00) for property damage in any one (1) accident, which insurance policy and certificate shall provide that the city shall be given at least thirty (30) days' prior written notice of cancellation. Such certificate shall be provided by a liability insurance company qualified to do business within the state and by an agent licensed within the state. Such policy shall not be canceled or suspended either by the insured or the insuror unless at least thirty (30) days' notice, in writing, of the intention to cancel or suspend the policy has been forwarded to the city clerk and the city revenue department; and upon such suspension or cancellation of insurance, the horse-drawn carriage license of such licensee shall stand suspended until such time as an acceptable certificate of insurance shall be on file with the city clerk and with the city revenue department.

(Ord. No. 07-026, § 9, 4-18-89; Ord. No. 07-051, § 9, 6-9-92)

Sec. 7-156. - Revocation.

The business license and certificate of public convenience and necessity issued in accordance with the terms and conditions of this article may be revoked by the city council for reasons that are deemed to be in the best interest of the city.

(Ord. No. 07-026, § 8.6, 4-18-89; Ord. No. 07-051, § 8.6, 6-9-92)

Sec. 7-157. - Adding carriages or horses.

Every person licensed under this section who shall desire to add to the number of horse-drawn carriages or horses, he shall then, or as previously operated, pay a filing fee of twenty-five dollars ($25.00) and make written application to the city council upon forms to be furnished by the city clerk, verified under oath stating:

(1)The name and address of the applicant;

(2) A statement of whether any information furnished on the original application has changed, and, if so, indicate the changes;

(3) A description of each additional horse-drawn carriage or horse, as the case may be; and

(4) Any other relevant information which the revenue department may require.

(Ord. No. 07-026, § 8.5, 4-18-89; Ord. No. 07-051, § 8.5, 6-9-92)

Secs. 7-158—7-160. - Reserved.


DIVISION 3. - DRIVERS AND CARRIAGES

Sec. 7-161. - Drivers—Minimum qualifications.

All drivers of horse-drawn carriages shall meet the following minimum qualifications:

(1) Have a current Alabama automobile operator's license.

(2) Be at least twenty-one (21) years of age.

(3) Have a good eyesight and not be subject to any infirmity of body or mind which might render him (or her) unfit for the safe operation of the vehicle.

(4) Be able to sufficiently speak and write in the English language to carry out the duties required.

(5) Be clean in dress and not addicted to drugs or intoxicating liquors.

(6) Be a person of good character.

(7) Must, to the satisfaction of the executive director of public safety or his designated representative:

a. Establish that he knows the geography and history of the appropriate routes;

b. Establish that he has mastered the proper care, handling and driving of carriage horses; and

c. Demonstrate that he is able to operate a horse-drawn carriage in a safe and prudent manner.

(Ord. No. 07-026, § 2.3, 4-18-89; Ord. No. 07-051, § 2.3, 6-9-92)

Sec. 7-162. - Same—Operating standards.

Each driver of a horse-drawn carriage must also:

(1) Conduct himself (or herself) in a reasonable, prudent and courteous manner.

(2) Maintain a sanitary and well-groomed appearance.

(3) Not consume alcoholic beverages or drugs while operating a horse-drawn carriage and not be under the influence of alcoholic beverages or drugs in any amount while operating such horse-drawn carriage.

(4) Not solicit passengers in a loud or annoying tone of voice or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patrons.

(5) Not permit any unauthorized person to operate any horse-drawn carriage under the driver's control.

(6) Not permit persons to ride on the back of any horse under his control.

(7) Empty diapers of all excrement when half full and at the beginning of each trip.

(8) Keep all routes and carriage stands clean and free of animal excrement.

(9) Walk a horse or travel at a pace not faster than a slow trot, except when traveling through intersections.

(10) Not leave any horse-drawn carriage unattended at any time, and keep the interior of the vehicle clean at all times.

(11) Inspect the vehicle and its equipment at least once daily to determine that it is mechanically fit and in good working order.

(12) Report all accidents to the owner and to the police department immediately.

(13) Maintain at all times a current operator's and current carriage business license in a place in the carriage where it can be seen upon request.

(14) Promptly provide a written receipt upon payment of fare at the request of the passenger.

(15) Thoroughly search the interior of the carriage after termination of each trip for any article left or lost in the vehicle. Any such article shall be turned in to the office of the chief of police, or his designated representative, within twenty-four (24) hours.

(16) Be responsible for the proper and humane care and treatment of the horse under his or her direct supervision and control.

(17) Maintain a daily log listing the time each fare commenced, the route traveled, the number of passengers, the time each fare ended and the amount charged. At the end of each day, the log shall be given to the owner to be retained and made available at all times for inspection by the revenue department of the city or by the police department.

(18) Not solicit for or recommend any place maintained in violation of law.

(19) Not sell or offer for sale articles of merchandise to the passengers in his vehicle without proper licensing from the revenue department.

(20) Not, after leaving the starting point, receive additional passengers between such starting point and the ultimate destination, or operate any route other than the prescribed route (when such route has been designated by the passengers).

(21) Not abandon his or her vehicle at any time.

(22) Not permit any passenger to ride on the driver's seat.

(23) Not carry more than the allowed number of passengers.

(24) Not refuse to carry or pick up any orderly person.

(25) Have an identification badge or name plate in plain view at all times.

(26) Display company name, phone number, rates and passenger capacity in plain view.

(Ord. No. 07-026, § 2.4, 4-18-89; Ord. No. 07-051, § 2.4, 6-9-92)

Sec. 7-163. - Carriage design standards.

Horse-drawn carriages shall be authentically styled passenger carriages, similar to surreys and rockaways. Wagons which patently were designed for cargo instead of passengers will not be approved. Carriages must not exceed twelve (12) feet in length or six (6) feet in width. Carriages will be measured from end to end, excluding the steps and shaft; and, from axle tip to axle tip. No part of the carriage may be over six (6) feet in width. The design of any horse-drawn carriage must first be approved by the city traffic engineering director.

(Ord. No. 07-026, § 6, 4-18-89; Ord. No. 07-051, § 6, 6-9-92)

Sec. 7-164. - Carriage equipment.

(a) Every carriage, its harness and traces, shall be clean and in good working condition. The harness used for the horses must be oiled and clean so as to be soft at all times. The harness will be properly fitted and properly maintained and kept free of makeshift items such as wire, sisal rope and rusty chains. The carriage must be properly lubricated and the wheels must spin freely.

(b) The harness attachment shall be such so that the horse cannot break away from its harness or carriage. The licensee for the horse-drawn carriage business shall ensure that all carriages shall have the suspension, pivoting axle, shaves and tongue and harness trees secured to the carriage properly with safety measures taken to ensure that any key parts will not accidentally loosen.

(c) Each horse-drawn carriage shall have on board at all times a minimum of a three-pound all-purpose fire extinguisher and a first aid kit approved by the city fire chief or his designated representative.

(Ord. No. 07-026, §§ 4.3, 4.5, 4.6, 4-18-89; Ord. No. 07-051, §§ 4.3, 4.5, 4.6, 6-9-92)

Sec. 7-165. - Carriage lights.

(a) All horse-drawn carriages shall be equipped with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such horse-drawn carriage and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear of such horse-drawn carriage. Every horse-drawn carriage shall have affixed to the rear of such vehicle at least two (2) red reflectors or similar warning devices, one (1) on each corner, and on the front of such vehicle, one (1) amber reflector or similar warning device on the left-hand front of such vehicle. Every horse-drawn carriage shall be equipped with a reflective device as follows:

(1) An equilateral triangle in shape at least sixteen (16) inches wide at the base and at least fourteen (14) inches in height, with a bright red border, at least one and three-quarter (1¾) inches wide of highly reflective beaded material.

(2) A center triangle, at least twelve and one-quarter (12¼) inches on each side of yellow-orange fluorescent material.

(b) The device shall be mounted on the rear of the horse-drawn carriage, not less than three (3) feet nor more than five (5) feet above the ground, measuring to the lowest portion of the device and as near the center of the vehicle, implement or mobile equipment as practicable. Each horse-drawn carriage shall be equipped with suitable and efficient manually operated brakes designed for such carriage.

(Ord. No. 07-026, § 5, 4-18-89; Ord. No. 07-051, § 5, 6-9-92)

Sec. 7-166. - Maintenance of carriages.

Any carriage used in the business of horse-drawn carriages shall be kept in a safe and sanitary condition at all times. The police department shall have the right to inspect as often as may be necessary for the purpose of ascertaining and causing to be corrected any unsafe or unsanitary condition or any violations of this article.

(Ord. No. 07-026, § 4.1, 4-18-89; Ord. No. 07-051, § 4.1, 6-9-92)

Sec. 7-167. - Removal of unsafe carriages from service.

The police department shall have the right to remove from service any horse-drawn carriage which is determined by the police department to be unsafe until such unsafe condition has been remedied.

(Ord. No. 07-026, § 4.2, 4-18-89; Ord. No. 07-051, § 4.2, 6-9-92)

Sec. 7-168. - Carriages not to be used in crimes.

No horse-drawn carriage shall be used in order to perpetrate a crime.

(Ord. No. 07-026, § 4.3, 4-18-89; Ord. No. 07-051, § 4.3, 6-9-92)

Sec. 7-169. - Sanitary facilities and standards .

(a) The business license holder for a horse-drawn carriage shall, at his own expense, keep the routes and carriage stands clean and free of animal excrement. The carriages shall use an attached diaper device on carriage shaves, enclosed on three (3) sides to ensure compliance. Disposal of manure shall be the responsibility of the carriage company.

(b) The business license holder for a horse-drawn carriage shall, at his own expense, be responsible for washing the street to remove urine and shall be responsible for application for such chemical as required to make the area around the carriage stand clean and free of urine, and so as to make the area sanitary at all times.

(Ord. No. 07-026, §§ 3.7, 3.8, 4-18-89; Ord. No. 07-051, §§ 3.7, 3.8, 6-9-92)

Secs. 7-170—7-180. - Reserved.

DIVISION 4. - HORSES

Sec. 7-181. - Age and weight requirements.

All horses used in horse-drawn carriage service must be at least three (3) years old and not more than twenty (20) years old. Horses must weigh a minimum of one thousand two hundred (1,200) pounds in order to be eligible for use in such horse-drawn carriage service, unless otherwise approved by the veterinarians as specified in section 7-182.

(Ord. No. 07-026, § 10, 4-18-89; Ord. No. 07-051, § 10, 6-9-92)

Sec. 7-182. - Examination and certification.

Equine health standards shall be utilized by veterinarians when examining horses. Examinations shall be conducted by a veterinarian, duly licensed to practice in the state, specializing in large animal medicine. It shall be the responsibility of the applicant for a horse-drawn carriage license or the holder of such horse-drawn carriage license to:

(1) Have any horse proposed to be brought into service by the applicant or holder of any such horse-drawn carriage license examined by a veterinarian, duly licensed to practice in the state, specializing in large animal medicine, who shall certify in writing that the animal is suited for the use intended by the applicant or holder of such horse-drawn carriage license.

(2) Have any horse intended for use in such horse-drawn carriage operation on a preventative medicine program which shall include an annual Coggins test; deworming schedule; annual dental examination; and a routine vaccination program including immunization for sleeping sickness, tetanus, influenza and rhinopneumonitis.

(3) Have a certification from the veterinarian which shall identify the horses by name, color, breed, sex, age and weight. The certification shall also include any restrictions or standards that the veterinarian determines to be necessary for the horse's well-being. The restrictions or standards shall take into account the temperature limits, carriage load limits, terrain, work time limits, rest breaks and periods, shoeing requirements, and breed, weight and animal age limit as established by this article.

(4) Have each horse used by the holder of such horse-drawn carriage license reexamined at least once every ninety (90) days by a veterinarian who shall recertify in writing to the city clerk/revenue department that the horse is still suited for the use intended by the holder. The recertification must state that the preventative medicine program is still current, and if any restrictions or standards established for the horse have been changed.

(5) Have a copy of all such certifications and recertifications furnished to the city clerk/revenue department within five (5) days of the date of the examination or reexamination of each such animal.

(6) Not place into service or use in such horse-drawn carriage operation any horse that is under the influence of tranquilizing medicine.

(Ord. No. 07-026, § 11, 4-18-89; Ord. No. 07-051, § 11, 6-9-92)

Sec. 7-183. - When horse is unfit for service.

(a) No horse shall be placed into service when showing signs of lameness, other health problems, or which has cinch or harness sores.

(b) A horse shall be considered unfit for use when lameness of any kind exists, except that of a mechanical nature listed on the health certificate; when open sores or wounds caused by or likely to be irritated by the bearing surfaces of harness, bridle or girths exist; there are obvious signs of emaciation, dehydration or exhaustion; or when horses have loose shoes.

(c) The executive director of public safety or his designated representative shall have the right to require the holder or any chauffeur of a horse-drawn carriage to remove from service any horse which is ill, overtired, undernourished, overloaded, injured or lame or which has, in the opinion of a veterinarian, an emergency existing which might threaten the life or health of the horse.

(Ord. No. 07-026, §§ 12.9, 12.10, 12.12, 4-18-89; Ord. No. 07-051, §§ 12.9, 12.10, 12.12, 6-9-92)

Sec. 7-184. - Pace.

Horses shall be walked at a pace not faster than a slow trot, except when traveling through intersections.

(Ord. No. 07-026, § 12.7, 4-18-89; Ord. No. 07-051, § 12.7, 6-9-92)

Sec. 7-185. - Rest breaks, rest periods and pasture time.

(a) No horse shall be placed into service for more than ten (10) to twelve (12) hours per day. A rest break shall be given to the horses for every fifty-minute work period. A rest period shall be given the horses for every two (2) consecutive fifty-minute work periods. (Definition of a rest break is a minimum period of no less than ten (10) minutes time free from work. Rest period means a minimum period of no less than thirty (30) minutes of time free from work).

(b) Horses shall be given a minimum of four (4) days' pasture time per month.

(Ord. No. 07-026, §§ 12.1, 12.8, 4-18-89; Ord. No. 07-051, §§ 12.1, 12.8, 6-9-92)

Sec. 7-186. - Service during extreme temperatures.

(a) Horses shall not be operated when the heat index exceeds 124, as reported by the National Weather Service.

(b) No horse-drawn carriage shall be operated when the wind chill index, as reported by the National Weather Service is below 0 degrees Fahrenheit. When the wind chill index is below 20 degrees Fahrenheit, the horse must be blanketed during rest periods.

(Ord. No. 07-026, §§ 12.2, 12.3, 4-18-89; Ord. No. 07-051, §§ 12.2, 12.3, 6-9-92)

Sec. 7-187. - Watering horses.

The business license holder for a horse-drawn carriage shall be responsible for providing a watering stand for horses and to have the same available at every pickup station or stands used by such horse-drawn carriage. It shall further be the responsibility of the holder of such license, and the driver or operator of each horse-drawn carriage, to assure that fresh, clean water is available in each such watering stand, and to maintain such watering stands in good condition at all times.

(Ord. No. 07-026, § 3.9, 4-18-89; Ord. No. 07-051, § 3.9, 6-9-92)

Sec. 7-188. - Blinders.

Every horse pulling a horse-drawn carriage must wear blinders during the time the horse-drawn carriage is in operation.

(Ord. No. 07-026, § 4.4, 4-18-89; Ord. No. 07-051, § 4.4, 6-9-92)

Sec. 7-189. - Shoes.

(a) Any horse used on concrete, asphalt or similar type street surfaces shall be shod with metal shoes. A good quality, shock-absorbing material will be used between the horse's hooves and the shoes at the discretion of a certified farrier.

(b) Shoes are to be refitted, as needed. Any shoe lost during the work period by a horse then in service must be replaced before such horse resumes service.

(c) Horses' hooves shall be trimmed, as needed, at the scheduled times for shoe refitting. Hooves are to be examined by a certified farrier and a report of the examination in writing shall be submitted to the city clerk/revenue department every six (6) months that the horse is in service.

(Ord. No. 07-026, §§ 12.4—12.6, 4-18-89; Ord. No. 07-051, §§ 12.4—12.6, 6-9-92)

Sec. 7-190. - Diapering apparatus.

It shall be unlawful for any person, firm, corporation or other entity to utilize any horse-drawn carriage service on the city streets, unless the horse is equipped with a diapering apparatus that prevents the droppings of such horse from being deposited or otherwise left on city streets. It shall be the responsibility of the person, firm, corporation or other entity utilizing such horse for the purpose of pulling a horse-drawn carriage to see that the diapering apparatus is maintained in working order.

(Ord. No. 07-026, § 7, 4-18-89; Ord. No. 07-051, § 7, 6-9-92)

Sec. 7-191. - Striking or startling.

(a) No person shall harass or startle, or attempt to harass or startle, any horse pulling a horse-drawn carriage or while such horse is at rest, or treat a horse inhumanely when in service.

(b) No driver may use more than a light touch of the whip upon any animal, and no driver or other person may forcefully strike an animal or make movements or noise intended to frighten or harm an animal.

(Ord. No. 07-026, §§ 12.11, 12.13, 4-18-89; Ord. No. 07-051, § 12.11, 12.13, 6-9-92)

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