[Adopted 3-4-1993]
Revocation, suspension, cancellation.
A.
The City Council may issue carriage licenses for the regular operation of horse-drawn carriages on public ways within the City of Northampton and carriage driver's licenses for drivers of said horse-drawn carriages. Except as permitted under § 316-27, no person or entity may operate any horse-drawn carriage on public ways within the City of Northampton without first obtaining a carriage license nor may any person drive such a carriage without obtaining a carriage driver's license. The City Council may establish a maximum number of either type of license which shall be issued.
B.
Any license issued under this article may be suspended
or revoked for cause after a hearing by the City Council or a designated
committee thereof. "Cause" shall include, but not be limited to, violation
of the terms of the license, violation of a City ordinance or state
statute, reckless or disruptive behavior by driver or animal, poor
equipment maintenance, or mistreatment of animals.
C.
If the City Council determines, in its sole discretion,
that the operation of horse-drawn carriages on public ways is not
appropriate, viable, or is disruptive or a threat to public safety,
it may cancel all carriage licenses and carriage driver's licenses
then in force. The City Council may also suspend all carriage licenses
and carriage driver's licenses for a limited period of time if it
determines, in its sole discretion, that the public interest requires
such temporary suspension. No hearing shall be required in the case
of a general cancellation or suspension of licenses. However, written
notice of such cancellation or suspension shall be sent to all licensees.
Said cancellation or suspension shall be effective on a date as determined
by the City Council but, in any case, the effective date of the cancellation
or suspension shall be not less than seven days after the vote of
the City Council to impose such cancellation or suspension.
[Amended 12-4-2014]
A.
The City Council shall establish set route(s), upon
the specified recommendations of the Department of Public Works and
the Police Department, along ways in the City of Northampton along
which horse-drawn carriages shall operate. A route, upon the specified
recommendations of the Department of Public Works and the Police Department,
may be established by the City Council or a committee thereof or may
be requested by a person, business, or organization. Each carriage
license issued shall specify the route(s) along which the carriage
must operate. Any deviation from an assigned route shall be considered
a violation of the carriage license and/or carriage driver's license
of the operator.
B.
The City Council may establish one or more carriage
stands within the City. A licensed horse-drawn carriage may pick up
passengers and may wait for passengers only at a designated carriage
stand. The City Council may specify on a carriage license which carriage
stand(s) the carriage covered by said license may use. Failure to
use a designated stand or the stand specified in a license, if one
is so specified, shall be considered a violation of the carriage license
and/or carriage driver's license of the operator.
A.
No person or entity shall operate a horse-drawn vehicle
on any public way within the City of Northampton unless a carriage
license has been obtained from the City Council. Each license shall
cover only one specific carriage and shall specify the carriage route(s)
along which said carriage may operate and the maximum number of persons,
excluding the driver, who may ride in said carriage at any one time.
A license may also designate 1) specific carriage stand(s) to be used
by said carriage; 2) the days of the week during which the carriage
may operate; and 3) the hours between which the carriage may operate.
The City Council may require a certificate affirming that a carriage
is in good condition and structurally safe prior to the issuance of
a carriage license. No carriage license shall be issued until the
licensee produces a certificate of insurance showing general liability
coverage in the minimum amount of $100,000 per person, $300,000 per
accident. Upon issuance of the carriage license, the licensee shall
be given a numbered placard which must be displayed prominently on
the carriage at all times.
B.
No person shall operate a horse-drawn carriage on
any public way within the City of Northampton unless he/she has obtained
a carriage driver's license from the City Council. To obtain a carriage
driver's license, the applicant must 1) be 18 years of age or older;
2) be competent in the operation of horse-drawn vehicles on public
ways; 3) have at least one year's experience in the operation of horse-drawn
vehicles; and (4) possess a valid Massachusetts motor vehicle license
(Class III/D). No license shall be issued under this subsection to
any party who has been convicted of operating a motor vehicle under
the influence of alcohol or drugs within the six years preceding the
date of the license application.
[Amended 5-19-1994]
C.
The Committee on Public Safety of the City Council
may issue other rules and regulations in connection with the licensing
and operation of a horse-drawn carriage and the licensing of carriage
drivers. A copy of the current rules and regulations, if any, along
with a copy of this article, shall be given to each person or entity
obtaining a carriage license or a carriage driver's license upon initial
approval of the license. Any change in the rules and regulations shall
be sent to every person or entity then holding a carriage license
or carriage driver's license.
[Amended 2-1-2007]
A.
The holder of a carriage license shall be responsible
to the collection and removal of all animal waste generated by the
horse(s) pulling the vehicle. This may be done by use of horse "diapers"
or any other suitable method of collection attached to the horse or
carriage. Waste shall not be permitted to fall on the pavement at
any time. Failure to provide a suitable, functioning collection system
shall be a violation of the terms of the carriage license.
B.
No cruelty or mistreatment of any horse used in the
conveyance of persons under a carriage license shall be permitted.
Mistreatment shall include the use of horses which are ill or too
old to pull the carriage without risk of injury.
C.
No horse harnessed to a carriage shall be left unattended
at any time.
A.
All applications for carriage licenses or carriage
driver's licenses shall be distributed and processed by the office
of the City Clerk. An applicant for a carriage license or carriage
driver's license shall complete an application form approved by the
City Council and shall submit said completed form and any additional
materials required therein to the City Clerk. The City Clerk shall
place the application on the next available City Council agenda. After
approval of the application by the City Council and submission of
any required documents, the City Clerk shall issue the license.
B.
All carriage licenses and carriage driver's licenses
shall run from April 1 to March 31. A license shall be renewed for
the succeeding year unless:
(1)
It has been revoked or is in the process of being
revoked.
(2)
Complaints have been received in connection with the
exercise of the license, in which case the licensee shall be given
a hearing before the City Council prior to March 31.
(3)
The City Council has determined that it no longer
wishes to issue such licenses.
C.
The annual fee for a carriage license or for a carriage
driver's license shall be as set forth in Chapter 174, Fees. Fees
shall not be prorated. However, a carriage license may be transferred
once from one vehicle to another vehicle during any annual licensing
period without payment of an additional fee. Such transfer must be
approved by the City Council. Failure to pay the renewal fee by the
renewal date may be grounds for revocation of the license.
[Amended 2-1-2007]
[Amended 5-19-1994; 12-4-2014]
Notwithstanding §§ 316-22 through 316-26, the Department of Public Works may issue a one-day permit for the operation of a horse-drawn vehicle on specified public ways located within the City of Northampton. Such operation shall be in connection with a specified event, such as a wedding, and not for the general carrying of passengers for hire. The driver of a horse-drawn vehicle under this section must meet the same requirements as set forth for a carriage driver license under § 316-24B, but is not required to obtain such a license. The Department of Public Works shall notify the Police Department of any such permits issued.
