[R.O. 2012 §625.010; Ord. No. 88-10-6 §1, 10-17-1988]
The following words shall have the prescribed meanings in this
Chapter:
Any device in, upon or by which any person is or may be transported
or drawn upon a public way, designed to be or capable of being drawn
by a horse.
That portion of the curb lane designated by the Department
of Public Works for loading and unloading of passengers for horse-drawn
vehicles.
An animal of the genus equis.
A practicing veterinarian licensed by the State of Missouri.
[R.O. 2012 §625.020; Ord. No. 88-10-6 §2, 10-17-1988]
A.
Any
horse used for the purpose of drawing a carriage licensed under this
Chapter must first be licensed as follows:
1.
The annual license for each horse licensed under this Chapter shall
be issued at no charge. Each horse license issued under this Chapter
shall expire on June thirtieth (30th) following the date of issuance.
2.
Each horse licensed shall be photographed or otherwise clearly identified
by an identification number tattooed in a conspicuous place.
3.
Any Animal Control Officer or other person designated by the City
has the power to demand proof of the issuance of a license any time
that said horse is being used to draw a carriage licensed under this
Chapter any place within the City.
4.
Every licensee and the licensee's agents shall at all times allow
complete access to any horse licensed hereunder for the purpose of
inspection. Such inspection would be under the auspices of the Animal
Control Officer or a licensed veterinarian so designated by the City.
5.
Any horse upon a public street which shall be drawing a carriage
shall be driven at all times by a person licensed as a "driver".
6.
To be licensed as a driver of a horse-drawn carriage, a person must
be eighteen (18) years of age, of good moral character and not have
been convicted of any crime, misdemeanor or ordinance violation involving
violence, physical abuse or moral turpitude. Before the issuance of
a license to a driver, an applicant must demonstrate their knowledge
and ability in the handling and driving of horses.
[R.O. 2012 §625.030; Ord. No. 88-10-6 §3, 10-17-1988]
A.
Application
for horse-drawn carriage licenses shall be made in writing, signed
and sworn to by the applicant or if applicant is a corporation, by
its duly authorized agent, upon forms provided by the Finance Director.
The application shall contain the full name and residence address
of the applicant; place of business; the business telephone number
of the applicant; and the manufacturer's name, model, length of time
in use, seating capacity, and type of brake system of the carriage
which applicant will use.
B.
Horse-drawn
carriage licenses shall be renewable at the same time as the horse
license herein described. For each carriage licensed under this Chapter,
the applicant shall pay thirty dollars ($30.00).
C.
If
the application and all other statements and documents required to
be filed with said application have been properly executed, the applicant
is qualified to pursue this occupation, the carriage or carriages
are in safe and proper condition, and the horse has been properly
licensed, a license will be issued for each horse-drawn carriage applied
for to terminate on June thirtieth (30th) following the date of issuance
a horse drawn carriage license may not be applied for by, nor may
a license be issued to, any person other than the owner of a carriage
or horse.
D.
Every
horse-drawn carriage licensee shall carry general liability and property
damage insurance and Workmen's Compensation Insurance for his/her
employees with solvent and responsible insurers authorized to transact
such insurance in the State of Missouri, and qualified to assume the
risk for the amounts hereinafter set forth under the laws of the State
of Missouri, for a minimum limit of five hundred thousand dollars
($500,000.00). Each policy shall name the City of Excelsior Springs
as an additional insured.
[R.O. 2012 §625.040; Ord. No. 88-10-6 §4, 10-17-1988]
A.
No
horse licensed shall be used to draw a carriage unless the following
requirements are met:
1.
The horse shall be fit for such work.
2.
The hooves of the horse must be properly shod and trimmed, utilizing
rubber coated, rubber heal pads or open steel borium tip shoes to
aid in the prevention of slipping.
3.
The horse must be groomed daily.
4.
The horse must be examined by a veterinarian every six (6) months.
The horse must be immunized against equine infectious anemia and immunized
annually against rabies. The driver of a horse-drawn carriage must
have in his or her possession at all times such carriage is in operation
a license for the carriage being driven and a license for the horse
drawing the carriage.
5.
All harnesses and bits shall be used and maintained in accordance
with the manufacturing design.
6.
No horse shall be utilized to pull a carriage carrying more passengers
than such carriage is designed to carry by the manufacturer, nor shall
a carriage be pulled by fewer animals than provided for by such design.
7.
No horse drawing a carriage shall be worked at a speed faster than
a slow trot.
8.
All horses shall be equipped with a waste-catching device, approved
by the City, while on any public way. Any waste or debris resulting
from the horse or carriage shall be immediately removed by the driver.
[R.O. 2012 §625.050; Ord. No. 88-10-6 §5, 10-17-1988]
A.
A horse-drawn
carriage licensee and the licensee's agents shall at all times allow
complete access to any carriages, horses and any facilities used by
the licensee in the course of operating horse-drawn carriages within
the City of Excelsior Springs for purposes of inspection.
B.
All
horses drawing horse-drawn carriages shall be kept in compliance with
the applicable provisions of this Municipal Code, the laws of the
State of Missouri, and Federal law.
C.
All
horse-drawn carriages, whether in motion or at rest, shall be equipped
with lights visible from the front and side. In addition, every carriage
shall have attached at the rear thereof a red tail light or a red
reflecting device of not less than three (3) inches in diameter of
effective area or its equivalent in area. When any such device shall
consist of reflecting buttons, there shall be no less than seven (7)
buttons covering an area equal to a circle with a three (3) inch diameter.
The total subtended effective angle of reflection of every such device
shall be no less than sixty degrees (60°) and the spread and efficiency
of the reflected light shall be sufficient for the reflected light
to be visible to the driver of any motor vehicle approaching such
horse-drawn vehicle from the rear of a distance of not less than five
hundred (500) feet.
In addition, each horse-drawn carriage shall have an approved
brake system and rubber ties. All carriages and drivers shall comply
with any applicable requirements of the State of Missouri and this
Municipal Code, including, but not limited to traffic laws and ordinances.
D.
The
driver of a horse-drawn carriage shall not stop such vehicle upon
any street at any place for the purpose of loading or unloading passengers
other than at a designated horse-drawn carriage stand other than in
the case of an emergency. However, the driver of a horse-drawn carriage
may pick-up, and discharge passengers on the Hall of Waters Circle
as long as traffic is not obstructed.
E.
All
horse-drawn carriage stands shall be maintained clean and free of
litter by the driver.
[R.O. 2012 §625.060; Ord. No. 88-10-6 §6, 10-17-1988; Ord. No. 94-3-8 §625.060, 3-7-1994]
No horse-drawn carriage may be driven on any City street before
9:30 A.M nor after 10:00 P.M., unless said times are extended by the
City Council. Restriction of horse/carriage traffic upon certain streets
may be imposed should congestion or similar problems become evident.
[R.O. 2012 §625.070; Ord. No. 88-10-6 §7, 10-17-1988]
No person may operate a horse-drawn carriage for compensation, nor may the owner thereof permit such operation upon the public streets in the City of Excelsior Springs except in the area and at the times described in Section 625.060, nor may a carriage be so operated unless the carriage is licensed as a horse-drawn carriage and the horse drawing the carriage is licensed under the provisions of this Chapter; except that reenactment groups utilizing horses are excluded from the provisions of this Chapter.
[R.O. 2012 §625.080; Ord. No. 88-10-6 §8, 10-17-1988]
Any horse licensed under this Chapter for the purposes of drawing
a carriage which must be removed from a public way for any reason
shall be under the custody and control of the Animal Control Officer,
except that if no Animal Control Officer is available, then any Police
Officer is authorized to remove said horse from the public way.
