A.
No person, firm, corporation or legal entity shall engage in the
business for profit of operating any equine-drawn carriage or equine-drawn
carriages for hire in the City of Saratoga Springs without first obtaining
an owner's license as described in this article.
B.
No person shall act as a driver of an equine drawn carriage for hire
in the City of Saratoga Springs without first obtaining a valid driver's
license as described in this article.
C.
No license shall be required for any person, firm, corporation or legal entity who engages in the business for profit of operating any equine-drawn carriage or equine-drawn carriages for hire, or who drives said carriage or carriages, as part of a special event as permitted by Chapter 69 of the City Code, or as part of a parade as permitted by Chapter 151 of the City Code, or in any circumstance where said carriage or carriages are hired for private use upon private property or upon property owned by the State of New York, except that persons, firms, corporations or legal entities who operate carriages under any of the aforementioned circumstances shall comply with operating regulations in § 200-8E, F, H, I, J, K, M, P, Q, S, T, W, X, Z and AA of this article.
A.
An application for an owner's license under this article shall
be filed in the office of the Commissioner of Accounts. The application
shall be signed and sworn to by the applicant and shall contain the
following information:
(1)
The name, address, and telephone number of the applicant, and, if
the applicant is a partnership or operating under an assumed name,
a certified copy of the certificate of partnership or assumed name
or names, and, if the applicant is a corporation, the names and addresses
of all corporate officers and stockholders.
(2)
A publicly listed telephone number maintained by the applicant.
(3)
The name, home address, telephone number and date of birth of each
driver who will drive carriages for the applicant, and a copy of each
driver's valid state motor vehicle driver's license.
(4)
Insurance.
(a)
Proof of commercial general liability insurance, including personal
injury liability insurance specific to equine-drawn carriages for
hire in the amount of $1,000,000 per occurrence and $2,000,000 aggregate.
The City shall be included as an additional insured on said insurance.
(b)
Proof of statutory workers' compensation and employer's
liability insurance for all employees.
(c)
A fully executed hold harmless agreement, in a form satisfactory
to the City, by which the applicant shall indemnify and save harmless
the City and its agents and employees from and against all claims,
damages, loss and expense (including, but not limited to, attorney's
fees) arising out of or resulting from the licensed activity, sustained
by any person or persons, provided that any such claims, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of property caused by the tortious
or negligent act or omission of the applicant, or the applicant's
employees, agents, or subcontractors.
(5)
One or more photographs of each carriage to be used by the applicant,
and a description of each such carriage, including length, width,
passenger capacity and number of equine used.
(6)
A sworn affidavit from the owner stating that the applicant has inspected
each carriage and is qualified to determine whether such carriage
is in safe operating condition, and has determined that the carriage
is in safe operating condition.
(7)
A New York State tax identification certificate.
(8)
Proof of annual health inspection for each equine used, together
with proof of good health from a veterinarian, including proof of
a negative Coggins test and a rabies vaccination.
(9)
A set of the applicant's fingerprints, or, if the applicant
is a legal entity other than an individual, a set of fingerprints
of the chief executive officer or chief representative of that legal
entity, to be taken by the Saratoga Springs Police Department.
(10)
Any other information deemed necessary by the Commissioner of Accounts
for the reasonable review of the application.
B.
The Saratoga Springs Police Department shall investigate the applicant's
qualifications and background. The Police Department shall initiate
a criminal history record search through the State Division of Criminal
Justice Services (DCJS) by submitting the applicant's fingerprints
and required procedures fee, which shall be paid by the applicant
to the DCJS. The results of the criminal history record search shall
be reviewed by the Chief of Police, or by a member of the Police Department
designated by the Chief of Police.
A.
An application for a driver's license shall be filed in the
office of the Commissioner of Accounts. The application shall be signed
and sworn to by the applicant and shall contain the following information:
(1)
Proof that the applicant is at least 18 years old.
(2)
Proof that the applicant is the holder of a valid state motor vehicle
driver's license.
(3)
A copy of the applicant's driving record obtained from the Department
of Motor Vehicles.
(4)
A statement that the applicant is in good health and not subject
to any infirmity of mind or body that might render the applicant incapable
or unfit to safely operate an equine-drawn carriage.
(5)
A statement that the applicant is able to communicate effectively
in English.
(6)
A statement that the applicant does not unlawfully use any drug or
controlled substance.
(7)
A sworn affidavit from the applicant, and, if the applicant is not
the owner of the carriage, a sworn affidavit from the owner, stating
that the applicant is competent to safely drive an equine-drawn carriage,
has knowledge and experience in driving such carriages, and has knowledge
of proper equine grooming, care, nutrition, and equipment.
(8)
A set of the applicant's fingerprints, or, if the applicant
is a legal entity other than an individual, a set of fingerprints
of the chief executive officer or chief representative of that legal
entity, to be taken by the Saratoga Springs Police Department.
B.
No driver's license shall be issued to any applicant who fails
to meet the standards established in Article 23-A of the Corrections
Law of the State of New York. In addition to and not in limitation
of the foregoing, no driver's license shall be issued to any
applicant who is at the time of application under indictment for a
felony anywhere in the United States, or who has been convicted of
a felony anywhere in the United States within the past five years
preceding the application, or who has been convicted of two or more
misdemeanors within the past two years preceding the application.
C.
No license shall be issued to any applicant who has been convicted
of any of the following crimes: robbery, rape, sexual abuse, aggravated
sexual abuse, or course of sexual conduct against a child, or of the
crime of assault with intent to commit any of the aforementioned crimes.
D.
No driver's license shall be issued to any applicant who has
been convicted of the crime of criminal sale of a controlled substance
in any degree as established in the Penal Law.
E.
No driver's license shall be issued to any applicant who has
been convicted of any offense involving mistreatment, torture or cruelty
to animals as provided in Article 26 of the Agriculture and Markets
Law.
F.
The Saratoga Springs Police Department shall investigate the applicant's
qualifications and background. The Police Department shall initiate
a criminal history record search through the State Division of Criminal
Justice Services (DCJS) by submitting the applicant's fingerprints
and required procedures fee, which shall be paid by the applicant,
to the DCJS. The results of the criminal history record search shall
be reviewed by the Chief of Police, or by a member of the Police Department
designated by the Chief of Police.
A.
Upon consideration of the factors listed in §§ 200-5 and 200-6 above, the Commissioner of Accounts may issue a license to the applicant. Each license shall expire on December 31 in the year issued. The Commissioner of Accounts shall have authority to impose reasonable conditions upon any license issued. The Commissioner may also refuse to issue a license to an applicant based upon a determination that the applicant fails to satisfactorily meet the requirements stated in those sections, or that the issuance of the license would adversely affect public health, safety and welfare. Denial of an application shall be sent to the applicant in writing at the address indicated on the application. Upon the applicant's written request, a hearing may be conducted at which the applicant may provide evidence that he or she should be issued a license.
B.
In the event that the number of applicants exceeds the number of
licenses that the Commissioner of Accounts has determined to be the
maximum allowable in the interest of public health, safety and welfare,
the Commissioner shall have the authority to conduct a lottery or
other fair and equitable selection process to determine which applicants
shall receive the available licenses.
Every equine-drawn carriage operated under this article shall
comply with the following regulations:
A.
All carriages shall follow established schedules as adopted in Addendum
A[1] and amended from time to time.
[1]
Editor's Note: Addendum A is included at the end of this chapter.
B.
Carriages shall be driven in the traffic lane closest to the curb,
except when necessary in emergencies to make way for vehicular and
pedestrian traffic.
C.
Carriages shall not operate between the hours of 1:00 a.m. and 7:00
a.m.
D.
Carriages shall operate only during the hours as adopted in Addendum
A.
E.
No person shall ride on the back of any equine used to draw a carriage.
F.
Two drivers, or one driver and one assistant to the driver shall
remain with each carriage at all times while in operation.
G.
Each driver shall display a photo license at all times while the
carriage is in operation.
H.
A driver shall not drive a carriage when a passenger is standing
in the carriage or is in any way not seated securely and safely within
the carriage.
I.
Every driver shall provide humane care to every equine under his
or her control.
J.
Every equine that shall draw a carriage shall be in good health and
shall be not less than three nor more than 20 years old.
K.
Every equine that shall draw a carriage shall be not more than six
months pregnant.
L.
Each owner of an equine or equines shall provide proof each year
showing that the equine is in good health. The proof shall identify
each equine according to a Coggins test or other test generally accepted
in veterinary practice.
M.
No equine shall be left unattended.
N.
No equine shall be worked more than eight hours in a twenty-four-hour
period.
O.
No equine shall be worked more than five days within a seven-day
period.
P.
No equine shall be worked if the temperature is above 90° F.
or below 18° F.
Q.
No equine shall draw more than twice its body weight. For purposes
of this regulation, weight drawn shall include carriage, passengers
and driver.
R.
Each equine shall be groomed daily prior to starting work.
S.
Each equine shall have hooves properly trimmed and studded shoes
correctly fitted.
T.
All carriages shall be equipped with an overcheck rein and shall
be in safe mechanical condition.
U.
Each carriage shall be originally constructed as a passenger carriage.
A carriage's wheelbase shall not exceed 14 feet. A carriage's
overall chassis length, exclusive of shafts and equine, shall not
exceed 28 feet. A carriage's overall width shall not exceed 78
inches.
V.
No carriage shall be drawn by more than two equine, except carriages permitted as part of a special event under City Code Chapter 69, or as part of a parade permitted under City Code Chapter 151.
W.
All carriages shall be equipped with electric front and rear lamps
as required by § 1223 of the Vehicle and Traffic Law, and
shall be equipped with an orange triangle as required for slow-moving
vehicles under the Vehicle and Traffic Law. Reflective bands shall
be placed on the legs of each equine.
X.
Each carriage shall be equipped with a device of the type commonly
known as a "diaper" and used to contain animal waste. Each person
operating a carriage shall promptly clean up solid waste spills produced
by equines under his or her control. Each person shall maintain at
a readily accessible location a supply of disinfectant agent and shall
use said agent to disinfect all animal waste spills produced by equines
under his or her control.
Y.
Each driver shall have a radio or cellular communication system.
Z.
Each carriage shall be equipped with brakes on at least the two rearmost
wheels.
AA.
Each carriage shall be equipped with a sign, affixed to the rear
of the carriage, with the words "Keep Back 25 feet" in letters not
less than three inches high.
The following fees shall be paid for licenses under this article:
|
License
|
Fee
| |
|---|---|---|
|
Owner's license
|
$250, plus $50 for each additional carriage
| |
|
Driver's license
| ||
|
Initial application
|
$10
| |
|
Each renewal
|
$35
| |
The Commissioner of Accounts may, upon due notice, revoke, suspend
or refuse to renew any license issued for a violation of any of the
provisions of this article or for any other act or omission that demonstrates
the licensee's inability to safely and properly conduct the licensed
activity. When a license shall be revoked or suspended, no refund
of any portion of the license fee shall be made. Notice of such revocation,
suspension or refusal to renew and the reason or reasons therefor
in writing shall be served by the Commissioner of Accounts upon the
licensee or mailed to the licensee's address as stated on the
application.
Any person who, by himself or herself or by an agent or employee, shall conduct any activity described in this article, without a license, or who shall violate any of the provisions of this article, or who, having had a license revoked or suspended, shall continue to conduct any activity described in this article, shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of the Code.
