For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
HORSE-DRAWN CARRIAGE
Any vehicle drawn by a horse, donkey, mule, or mini mule
which is designed or intended for use of passengers for hire.
OPERATE or OPERATION
Operation by the owner or any agent of the owner or by any
person with the owner's knowledge, consent or permission, express
or implied.
OWNER
An individual, a firm, a copartnership, a corporation, a
company or any association of joint stock.
PERMIT
The grant by the Village to operate a horse-drawn vehicle
upon the public streets of the Village.
The operation of horse-drawn carriages within and upon the public
streets of the Village shall be subject to the conditions, regulations
and restrictions set forth in this article. It shall be unlawful for
any person to engage in the business of operating a horse-drawn carriage
in the Village until the provisions of this article have been complied
with.
[Amended 12-16-2019 by Ord. No. 2019-18]
It shall be unlawful to operate or cause to be operated any
horse-drawn carriage upon the public streets of the Village where
the owner of the vehicle has not been issued a permit and upon which
an inspection sticker has not been affixed as provided for in this
article. The sticker shall be provided by the Village Clerk's
office and shall be affixed to the horse-drawn carriage in a manner
prescribed by the Village Clerk and shall be nontransferable
from the vehicle for which the same was issued except as may be authorized
by the Village Clerk.
[Amended 12-16-2019 by Ord. No. 2019-18]
Permittees must adhere to the routes, rates and vehicle number
and design submitted in their application for permit. Any deviance
from the application without the approval of the Village Clerk,
Chief of Police and Department of Public Works shall be a violation
of this article.
Each permittee shall prominently display in each horse-drawn
vehicle a card or sign which shall show the schedule of the rates
and charges for the transportation services furnished by the permittee,
the Village permit number and the name and address of both the permittee
and driver of such vehicle. The card or sign shall be posted in a
conspicuous place in such vehicle while it is in use as a horse-drawn
vehicle for hire, so that it is clearly visible to all passengers
in such vehicle. It shall be unlawful for any permittee, operator,
agent, lessee or driver of any horse-drawn carriage to charge more
than the rate so posted.
All permittees shall comply with the following sanitation requirements:
A. All horses, mules and other animals shall be equipped with adequate
devices to prevent manure and other excrement from falling upon the
streets of the Village. Any excrement which should fall upon the streets
of the Village shall be removed at the expense of the permittee.
B. All animal waste for disposal shall be promptly transported to sites
or facilities legally empowered to accept it for treatment or disposal.
The Village reserves the right to approve or disapprove sites, taking
into account routes within the Village and the rules and regulations
of the governmental body having jurisdiction over said sites and facilities.
C. A permittee shall further comply with all applicable health and sanitation
provisions of the County Health Department and all rules and regulations
promulgated thereunder.
Upon issuance of a permit the Village of East Troy Police Department
shall check each vehicle which the permittee intends to operate on
the streets of the Village for the following:
A. A slow moving vehicle sign on the rear of the carriage.
B. Two red reflectors no smaller than three inches in diameter shall
be attached, one to each side of the carriage.
C. When operated in the hours of darkness, a strobe or flashing light
shall be secured to the neck of the horse pulling the carriage and
said light shall be visible to other traffic.
D. When operated in the hours of darkness, a glowing red light shall
be affixed to the rear of the carriage and shall be visible at a distance
of 500 feet.
E. The carriage shall have brakes capable of stopping the carriage within
50 feet when traveling at 20 miles per hour.
It shall be unlawful for any grantee or agent or employee of
the same willfully to permit any horse-drawn carriage to be used in
the perpetration of a crime.
[Amended 12-16-2019 by Ord. No. 2019-18]
A. Whenever there is a reasonable cause to believe that a person holding
a permit to operate a horse-drawn carriage is violating the provisions
of this article, the Village Clerk may, upon written, certified
notice of the violation to the permittee, suspend the permits issued
to such person until such time as the violations are corrected to
the satisfaction of the Village or within a period of 30 days, whichever
is less. If the violation is not corrected within 30 days, the permits
will be automatically revoked. Any permittee whose permits have been
revoked under this subsection may, within 30 days after the revocation,
appeal to the Village Board of Trustees.
B. If, upon investigation, the Chief of Police finds that the holder
of a permit has violated any provision of this article or has been
convicted of the following, then the Village Clerk shall revoke
the permit: murder, kidnapping, aggravated battery, burglary, robbery,
sexual battery, prostitution, exposure of sexual organs, lewd, lascivious
or indecent assault or act upon or in the presence of a child, any
crime involving the sale of controlled substance, manslaughter or
negligent homicide resulting from the use of a motor vehicle. Any
person having his or her permit so revoked may appeal, by filing notice
thereof, with the Village Clerk within 30 days from the
time of such revocation. Such appeal as filed shall not act as superseding
until such time as the Village Board of Trustees shall take final
action on such appeal.
Drivers of all horse-drawn carriages shall have and keep in
full effect a valid Wisconsin driver's license. All drivers shall
be safe and experienced in handling of the animals and all equipment.