[Ord. 1277-03, 8/11/2003, Art. I; as amended by Ord. 1318-06, 7/10/2006, § 1; and by Ord. 1348-08, 3/10/2008]
The following words, terms and phrases, when used in this Part, shall have the meanings ascribed to the same as set forth in this section, except where the context or usage of the same clearly indicates a different meaning:
BOROUGH
The Borough of Gettysburg, Adams County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Gettysburg, Adams County, Pennsylvania.
CARRIAGE
A horse-drawn vehicle used for transporting an operator and passengers within the Borough on a for-hire basis. Neither a wagon which is used solely for the conveyance of cargo instead of passengers nor a carriage or buggy used solely for the personal transportation use of its owner, operator and passengers in and through the Borough of Gettysburg shall be considered a carriage for which a license shall be required under this Part.
CHIEF OF POLICE
The Chief of Police of the Borough of Gettysburg, Adams County, Pennsylvania.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Borough of Gettysburg, Adams County, Pennsylvania.
FOR-HIRE BASIS
To offer and to grant the use of a carriage by an owner or operator as a carrier providing transportation of passengers within the Borough of Gettysburg for purposes of providing tours and transportation to the public within the Borough of Gettysburg. Although it is contemplated that the owner or operator would offer and grant the use of the carriage and provide transportation of passengers for a fee, tips or other compensation, it is not necessary to receive compensation in order to be considered an owner or operator of a horse-drawn carriage on a for-hire basis.
HORSE-DRAWN
Propelled by a horse or other equine that is controlled by an operator.
MAYOR
The Mayor of the Borough of Gettysburg, Adams County, Pennsylvania.
OPERATOR
The person who is in control of the horse and horse-drawn carriage.
OWNER
A person, company, corporation or association who owns a horse-drawn carriage and who has applied for a license issued pursuant to the terms of this Part.
POLICE
The Police Department of the Borough of Gettysburg or any properly authorized member or officer thereof in any other law enforcement agency having jurisdiction within the Borough of Gettysburg.
PUBLIC BOARDING POINT
The physical location or locations where the public may board a particular licensed horse-drawn carriage operation.
TRANSPORT VEHICLE
A trailer towed by a vehicle or a vehicle designed for the transport of a horse or horses.
[Ord. 1277-03, 8/11/2003, Art. II; as amended by Ord. 1318-06, 7/10/2006, § 2; and by Ord. 1348-08, 3/10/2008]
1. 
No horse-drawn carriage shall be used or operated on a for-hire basis within the Borough by any person without the owner having first obtained a license issued by the Borough for the use or operation of a horse-drawn carriage within the Borough of Gettysburg pursuant to the terms and conditions of this Part.
2. 
A license shall be required for each carriage. The license shall be prominently displayed on the rear of each carriage.
[Ord. 1277-03, 8/11/2003, Art. III; as amended by Ord. 1348-08, 3/10/2008]
The owner shall complete an application for a horse-drawn carriage license, which shall include the following information: the owner's name and address, the name and address of the owner's business, the owner's telephone number or business telephone number, if applicable, the names and addresses of all operators, a valid driver's license number for each operator, proof of insurance as required by this Part, a copy of veterinarian records for each horse, the numbers of any previous licenses issued by the Borough, and a photograph of each horse and of each carriage used by the owner in the Borough.
[1]
Editor's Note: Former § 13-904, Testing, was repealed 4/13/2015 by Ord. 1426-15.
[Ord. 1277-03, 8/11/2003, Art. V; as amended by Ord. 1348-08, 3/10/2008]
1. 
As a condition to operating a horse-drawn carriage within the Borough, the owner of a horse-drawn carriage shall provide proof of insurance in at least certain minimum amounts as set forth from time to time by resolution duly adopted by the Borough Council. Such certificates of insurance shall name the Borough as an additional insured, with the exception of any required workers' compensation insurance.
2. 
The owner shall provide general liability coverage on comprehensive general liability forms and shall provide coverage for premises liability, personal injury liability, products liability and horse's liability. Certificates of insurance shall also be provided for workers' compensation insurance. Insurance certificates evidencing all mandatory insurance requirements shall be filed with the Borough. Such certificates shall indicate the Borough as an additional named insured on each of the insurance contracts described in the certificates. All such certificates should also contain a clause requiring a ten-day notice of cancellation to the Borough prior to the cancellation of any insurance coverage.
[Ord. 1277-03, 8/11/2003, Art. VI; as amended by Ord. 1348-08, 3/10/2008]
1. 
Each license shall have an annual term of April 1 through March 31 of the subsequent year. Any license issued cannot be transferred or assigned to any other owner of a horse-drawn carriage.
2. 
Upon application for a license and prior to issuance or renewal thereof, each owner shall pay to the Borough an annual license fee in an amount to be established from time to time by resolution of the Borough Council.
[Amended by Ord. 1426-15, 4/13/2015]
3. 
No license shall be issued or renewed if the owner has not paid any and all fines and costs arising from enforcement of this Part or any of the ordinances of the Borough or if any licensing fees under this Part are due and owing to the Borough.
[Amended by Ord. 1426-15, 4/13/2015]
[Ord. 1277-03, 8/11/2003, Art. VII; as amended by Ord. 1283-03, 12/8/2003; and by Ord. 1348-08, 3/10/2008]
1. 
The Mayor or the Chief of Police shall promulgate rules and regulations necessary to maintain safe and efficient operation of horse-drawn carriages within the Borough. Such rules and regulations are subject to the review and approval of the Borough Council. The Mayor or the Chief of Police may from time to time designate streets and/or areas where horse-drawn carriages may not be operated. Such designation is subject to the review and approval of the Borough Council.
2. 
The Mayor or the Chief of Police may from time to time designate certain areas as pull-over stop areas. An operator shall be required to stop at the designated pull-over stop area to allow motor vehicle traffic to pass.
3. 
Designated pull-over stop areas are as follows:
A. 
On the west side of Baltimore Street in front of the Adams County Court-house.
B. 
On the west side of Baltimore Street in front of the Prince of Peace Church.
C. 
On the east side of Carlisle Street north of the railroad crossing.
4. 
All operators shall only use designated boarding points for the loading and unloading of passengers unless special arrangements have been made in advance for the loading or unloading of a passenger at another location.
5. 
Designated boarding points are as follows:
A. 
On the west side of Baltimore Street at a location between Zerfing Alley and West Middle Street at the curb along Baltimore Street within the designated metered parking spaces.
B. 
On the east side of Baltimore Street at a location between Lefever Street and Locust Street at the curb along Baltimore Street within the designated metered parking spaces.
C. 
On the west side of Baltimore Street at a location south of the intersection of Baltimore Street and South Street at the curb along Baltimore Street within the first two designated metered parking spaces.
6. 
The operator of any carriage parked in a designated space for metered parking shall be required to either deposit such coins in the designated meter for the space as set forth upon such meter or shall reserve such metered parking space(s) pursuant to Chapter 15, Part 7B, of the Code of Ordinances.
7. 
The Mayor or the Chief of Police may from time to time set operating times for horse-drawn carriages that are consistent with the public health, safety and welfare. In no event, however, may a carriage be operated between the hours of 12:00 midnight and 8:00 a.m.
8. 
The enforcement of the provisions of the standards of operation shall be made by the Borough police or the Code Enforcement Officer.
[Ord. 1277-03, 8/11/2003, Art. VIII]
1. 
All horse-drawn carriages, when in use, shall comply with the following standards:
A. 
Each horse-drawn carriage shall display adequate headlights, taillights and turn signals in accordance with the Pennsylvania Vehicle Code.
[Amended by Ord. 1426-15, 4/13/2015]
B. 
Each horse-drawn carriage shall display a reflectorized slow-moving vehicle emblem.
C. 
Each horse-drawn carriage shall display a light or reflectors on carriage shafts that shall be visible to the side of the carriage during operation after dark.
D. 
No horse-drawn carriage shall be operated exceeding any manufacturer's recommended safe-seating capacity for the carriage being used.
[Amended by Ord. 1426-15, 4/13/2015]
E. 
The horse-drawn carriage shall be pulled by a horse that has been sized appropriately for the seating and weight of the carriage. Horses weighing at least 800 pounds can pull carriages containing up to two passengers. Horses weighing at least 1,100 pounds can pull carriages containing up to four passengers. Horses weighing at least 1,400 pounds can pull carriages containing up to six passengers. For purposes of this provision, a passenger is defined as an adult individual weighing 100 pounds or more. Each additional horse used to pull the same carriage will have pulling capacity calculated by taking the weight of the second horse, adding the weight of the carriage and dividing the total by 100.
[Amended by Ord. 1426-15, 4/13/2015]
F. 
No carriage may be wider than eight feet, which measurement would include fenders, running boards and all mirrors and safety devices.
G. 
All carriages shall be equipped with working brakes.
[Ord. 1277-03, 8/11/2003, Art. IX]
1. 
The owner of each horse-drawn carriage shall be responsible for compliance with the following horse-care standards:
A. 
Each horse must be fitted with a device to catch all manure when the horse is inside the shafts of the carriage.
B. 
Each horse must be attended at all times by an operator. An operator shall be either in his or her designated seat on the carriage with reins in hand or, if off the carriage, the operator shall stand at the horse's head and shall hold the horse by its head with a lead line.
C. 
The operator shall be seated in the carriage while holding the reins at all times when passengers are boarding, disembarking or when passengers are seated in the carriage.
D. 
Each horse shall have received a valid health certificate from a licensed veterinarian and immunization records for the horse shall be filed with the Borough annually. Immunizations shall include but not be limited to tetanus, rabies, influenza, rhino and EW Encephalitis. Each horse shall also have proof of a negative Coggins test, which shall also be filed with the Borough.
E. 
No owner or operator shall subject any horse to any cruel or harassing treatment, and no horse shall have obvious signs of emaciation, malnutrition or exhaustion.
F. 
Rubber mats for the horse to stand when the carriage is not in operation shall be used at each designated boarding point station.
[Ord. 1277-03, 8/11/2003, Art. X; as amended by Ord. 1348-08, 3/10/2008]
1. 
The operator of a horse-drawn carriage shall:
A. 
Comply with all state and Borough traffic laws applicable to motor vehicles.
B. 
Possess a valid driver's license.
C. 
Provide the Borough with a written certification from the owner of the horse-drawn carriage that the operator is qualified to operate a carriage.
D. 
Require all passengers to be seated except when boarding or disembarking.
E. 
Not operate horse-drawn vehicles at times when the sum of the Fahrenheit temperature and percentage of relative humidity is higher than 170.
F. 
Flush all liquid waste from the horse with water and then spray the affected area with a solution of one part bleach to five parts water to eliminate all noxious odors and bacteria. Operators shall drive the carriage route after each day to ensure that all waste from horses is removed from the public streets and sidewalks of the Borough.
G. 
Be in control of the horse at all times either by holding the horse by its head or seated in his or her designated place in the carriage with reins in hand.
H. 
Provide his or her driver's license upon demand of any police officer of the Borough, its Chief of Police or the Code Enforcement Officer.
[Ord. 1277-03, 8/11/2003, Art. XI]
1. 
The Mayor may order that any license issued under this Part be suspended where a licensee fails to comply and maintain compliance with all the laws, ordinances or regulations of the Borough. Further, the Mayor can deny the privilege to apply for a license renewal after expiration of the license term.
2. 
Following a determination that the grounds for nonrenewal, suspension or revocation of a license exist, the Mayor shall notify the owner of the action to be taken and the reason for the action taken. Such notification shall be in writing addressed to the owner operator in question and shall contain the following information:
A. 
A description of the violation which has been found to exist.
B. 
A statement that the license for operation shall be either suspended or revoked or will not be renewed for the next license year beginning April 1. In the case of suspension or revocation, the notice shall state the date upon which the suspension or revocation will commence and in the case of suspension shall also state the duration of said suspension.
C. 
A statement informing the owner that he or she has a right to appeal the decision suspending, revoking or declining to renew the license to the Public Safety Committee of the Borough Council by submitting in writing to the Borough Secretary, within 10 days from the date printed on the notice, a detailed statement of the appeal, including the grounds therefor and the reasons alleged as to why the decision of the Mayor is in error and should be overturned and a statement of the relief requested by the appellant. Such notice of appeal may be required to be submitted on a form to be prescribed therefor by the Borough to be signed by the appellant. There is hereby imposed a fee for filing of such appeals, the amount of which shall be determined and established from time to time by resolution of the Borough Council.
D. 
The Borough shall send a notice of the hearing before the Public Safety Committee, which shall be in writing and shall be provided to the appellant a minimum of three days prior to the date that the hearing has been scheduled. Such notice shall state the time and place where the hearing shall be conducted.
[Ord. 1277-03, 8/11/2003, Art. XII; as amended by Ord. 1348-08, 3/10/2008]
1. 
It shall be unlawful for any owner to operate or to permit the operation of a horse-drawn carriage without a valid license issued by the Borough authorizing such operation. It shall be unlawful for any owner to allow the operation of a horse-drawn carriage where such operation does not comply with the standards set forth herein.
2. 
Any person convicted of violating this Part shall, upon conviction thereof, be sentenced to a fine of not more than $600 plus any costs incurred by the Borough. Whenever such person shall have been notified by the Borough, through its officials or by service of summons or prosecution, or in any other way, that such violation has been committed, each day that such person shall continue in such violation shall constitute a separate offense.
[Amended by Ord. 1426-15, 4/13/2015]
3. 
The penalty provisions of this section and the license nonrenewal, suspension and revocation procedures provided in this Part shall be independent, nonmutually exclusive, separate remedies, all of which shall be available to the Borough as may be deemed appropriate for carrying out the purposes of this Part. The remedies and procedures in this Part for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Borough in the case of a violation of any other code or ordinance of the Borough, whether or not such code or ordinance is referenced in this Part or whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for finding a violation of this Part.
4. 
If a horse-drawn carriage is owned by more than one person in any form of joint ownership, such as a partnership or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this Part and shall be subject to prosecution for violation of this Part.