Loading...
HomeMy WebLinkAbout1622 - ORDINANCES - 1/2/2003 ORDINANCE NO. 1622 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AN ADDITION TO CHAPTER 5.40 OF TITLE 5 OF THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING RULES AND REGULATIONS FOR HORSE-DRAWN CARRIAGES AND DECLARING THE URGENCY THEREOF The City Council of the City of Palm Springs, California does hereby find and ordain as follows: SECTION 1. RECITALS WHEREAS, the City Council has heretofore adopted regulations governing any business that transports passengers in a vehicle or vehicles over the streets within the City. WHEREAS, the City Council recognizes that horse-drawn carriages have become an increasingly popular form of non-motorized passenger transportation in the Central Business District. WHEREAS, there are presently no rules and/or regulations governing the operation of ' horse-drawn carriages. WHEREAS, the City Council finds and determines that horse-drawn carriages have become a public convenience and that the lack of rules and/or regulations governing their operation is an immediate and current threat to the public safety, health, and welfare. WHEREAS, this ordinance is adopted as an urgency measure pursuant to Government Code Section 36934 and is for the immediate preservation of the public safety, peace, health and welfare. NOW, THEREFORE, the City Council of the City of Palm Springs, California, does ordain as follows: Section 1. The City Council of the City of Palm Springs finds that the above recitals are true and correct. Section 2. Chapter 5.40 of the Palm Springs Municipal Code is hereby amended to add new Sections 5.40.200 through 5.40.320 to read in their entirety as follows: 5.40.210 Regulations for Horse-Drawn Carriages 5.40.220 Definitions. 5.40.230 Permit-Required. 5.40.240 Permit-Application. -1- Ord. 1622 Page 2 5.40.250 Consideration of Permit Application; Conditions Affecting Issuance 5.40.260 Application/Permit fees. ' 5.40.270 Permit and business license required. 5.40.2130 Permit-Display. 5.40.290 Regulations applicable to horse-drawn carriages. 5.40.3130 Insurance, 5.40.310 Inspections. 5.40.320 Penalty for violation. 5.40.210 Regulations for Horse-Drawn Carriages. The City Council finds that regulations governing the operation of horse drawn carriages for hire in urban areas are necessary in order to protect the safety and well being of horses, as well as to protect the safety of passengers and the public from traffic hazards created by these vehicles. 5.40.220 Definitions. Unless it appears from the context that a different meaning is intended, the following ' words, as used in this Chapter, shall have the following meaning: A. "Carriage" means a device upon which any person may ride, propelled by horse power„ constructed in such a manner, and authorized pursuant to this Chapter, to engage in the business of carrying passengers for hire along a route of travel. B. "City Manager' means the City Manager of the City of Palm Springs, or his/her representative. C. "Driver" means and includes every person who drives, operates, controls or is in charge of any horse-drawn carriage as defined by this Chapter. D. "Horse" means any animal of the genus equus. E. "Horse-drawn carriage permit" or "permit" means the permit issued by the City Manager authorizing operation of a horse-drawn carriage pursuant to the provisions of this Chapter. F. "Permit" or "Carriage Permit" means the written authority by City and evidence by the issuance of a document and/or decal granting a person the right to operate a horse- drawn carriage upon any public right-of-way within the City as provided in this Chapter. G. "Permittee" means any person to whom a horse-drawn carriage permit is issued pursuant to the provisions of this Chapter. ' H. "Person" means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. -2- Ord. 1622 Page 3 5.40.230 Permit-Required. ' No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated by way of lease, contract, agreement permit, license or understanding, a horse-drawn carriage upon any public right-of-way within the City without a permit first having been obtained as provided in this Chapter. 5.40.240 Permit-Application. Any person desiring a permit to operate a horse-drawn carriage as provided by this Chapter shall file an application therefor with the City Manager. Such application shall be verified by oath of the applicant, if applicant is a corporation, partnership, association or unincorporated company, and which application shall set forth the name and address of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, together with their respective addresses; or if a partnership, association or unincorporated company, then the names of the partners comprising the partnership, association or company, together with their respective ages and addresses. The application shall also state the trade name or style, if any, under which the applicant proposes to operate, full information pertaining to operations and the manner in which such proposed operations are to be conducted, the type, model, capacity and condition of the horse-drawn carriage proposed to be operated, and such other or additional information as the City Manager may require. 5.40.250 Consideration of Permit Application; Conditions Affecting Issuance ' A. The City Manager shall, upon receipt of the application, make full and complete inquiry into the facts set forth therein and shall either grant or deny a permit upon the proposed terms, or upon terms other than those proposed. The permit shall be for a specified number of vehicles and horses which may be increased only by action of the City Manager, be for a six (6) month period; provided, that in either event, the permit shall contain a clause authorizing its revocation or suspension in accordance with the ordinances of the City either in effect at the date of granting the permit or thereafter adopted. When issued, the permit shall constitute evidence of compliance with the terms of this Chapter and shall authorize the permittee to operate a horse-drawn carriage under the conditions there specified; subject, however, to the requirements, obligations and limitations imposed by other applicable laws, ordinances, and orders of the City Council, and shall become effective when approved by the City Manager. B. The City Manager shall issue a permit when all of the following conditions listed below are met: 1. The proposed carriage route and time of operation will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area. 2. The carriage route will not cause an unreasonable conflict with construction or development in the public right-of-way or at a public ' facility. 3. The safe operation of the carriage on the route will not require a great number of police employees for enforcement. -3- Ord. 1622 Page 4 4. The operation of the carriage will not unduly interfere with the movement of police, fire, ambulance and other emergency vehicles on the Streets. 5. The proposed carriage route will not substantially interfere with any other carriage route for which a permit has already been granted. 6. The operation of the carriage route will not have an unmitigable adverse impact upon residential or business access and traffic circulation in the same general venue. 5.40.260 Application/Permit fees. A. A nonrefundable application fee to defray the cost of processing the application for a permit under this Chapter shall be required to be paid by every applicant seeking such a permit. B. Additionally, a permit fee shall be required to be paid by each applicant whose application for a permit has been granted pursuant to the provisions of this Chapter, to defray a proportionate share of the coasts of administering this permit. C. The City Manager is authorized to establish the initial amount of the application and permit fees which amount shah not exceed the actual cost of processing the application and administering the permit. Subsequently, such fees shall be ratified and set by resolution of the City Council. 5.40.270 Permit and business license required. A. A business license shall be obtained and the fee therefor shall be paid as ' prescribed by the business license provision of this Code, by every person to whom a horse-drawn carriage permit has been granted pursuant to this Chapter. B. No permittee under this Chapter shall operate or permit operation of any horse- drawn carriage in violation of this Chapter or of the permit issued pursuant to this Chapter. C. No person granted a permit under this Chapter shall conduct any operation or give any service other than the service authorized by the permit granted in accordance with the provisions of this Chapter. 5.40.280 Permit-Display Every horse-drawn carriage operated pursuant to these provisions shall have displayed thereon its permit/decal in the manner and form as may be prescribed by the City Manager. 5.40.290 Regulations applicable to horse-drawn carriages. Every person conducting the business of horse-drawn carriages in the City and any person driving such a carriage for such a business shall comply with each and all of the following provisions and restrictions: ' A. Carriages 1. Carriages shall be kept in good working order and maintained in a clean and attractive manner. -4- Ord. 1622 Page 5 2. All carriages will have no less than one and one-fourth inch spoked wheels with a rubber covering thick enough to protect the streets from damage and to keep noise to a minimum. 3. Warning taillights shall be mounted at the rear of the carriage and shall be operated in a flashing mode continuously while the carriage is in traffic and shall conform to all applicable requirements of the California Vehicle Code. 4. All carriages shall be fitted with reflected decals on both shafts of the carriage at the shoulder of the horse. 5. All carriages must have its rated seating capacity posted on the vehicle. 6. Carriages shall not ferry more people than the carriage was designed to hold. 7. No one other than the driver, a company employee or apprentice may sit in the driver's seat. 8. All carriages shall have their rates or other charges for hire posted in a clear and conspicuous manner, free from obstruction and clearly visible to the public. 9. A "Slow Moving Vehicle" emblem shall be attached to the rear of the carriage. ' 10. No horse-drawn carriage shall display advertising on its exterior or in its interior. 11. Carriages must have sufficient steel in them to cause them to actuate traffic signal detector loops. 12. All carriages shall be equipped with a horn or warning device which shall be in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 40 feet, but no horn shall emit an unreasonably loud or harsh sound. 13. Carriages/animals shall be fitted to be able to immediately remove any and all horse droppings from the streets or public rights-of-way, or to prevent such droppings on the streets and public rights-of-way. 14. Carriages shall not travel at a speed faster than a slow trot. 15. Each carriage shall be equipped with hydraulic brakes capable of stopping the carriage and adjusted so as to provide equal braking to each wheel without locking. 16. Carriages should be equipped with a fifth wheel or cut under turning mechanisms on the front axle. B. Horse 1. No horse may be used to draw a carriage unless the animal is in good health. -5- Ord. 1622 Page 6 2. No horse, shall be used to draw a carriage unless the animal has been acclimatized to the conditions (i.e., sights, sounds, movement, etc.) inherent in the intended job. 3. The horse may not have any open sores or wounds, nor may such horse be lame or have any other ailments, unless the driver has in the driver's possession a written statement by a veterinarian that the horse is fit for such work, notwithstanding such condition. 4. The hooves of the horses must be properly shod, utilizing rubber shoes or pads to prevent concussion injures. 5. The horses must be properly cleaned, with no offensive odors or caked dirt or mud. 6. No horse shall be used if that horse is demonstrating any signs of exhaustion. 7. No bit, harness, tack, blanket, piece of equipment or tool shall be used upon a horse unless that item is appropriately clean, safe for use and, if applicable, properly fits the animal. 8. No horse shall work more than eight (8) consecutive hours or ten (10) hours with a one and one-half hour break, disconnected from the carriage, in a 24 hour period. 9. No horse shall work more than six (6) days in a seven (7) day period. 10. All horses used in the business shall be at all times treated in a humane manner. C. Operators and Drivers 1. No person under the age of eighteen years shall drive a horse- drawn carriage. 2. No person shall operate a horse-drawn carriage while under the influence of alcoholic beverages or drugs. 3. Every person operating a horse-drawn carriage must speak, read and write the English language. 4. Every person operating a horse-drawn carriage shall be subject to all applicable laws, rules, and regulations of this Code and the Vehicle Code of the state of California. 5. Each driver must present a statement that the driver is free of defective vision and hearing, not subject to epilepsy, vertigo, heart disease, or other infirmities which may substantially impair the ability to safely operate a vehicle. ' 6. Each driver must demonstrate his or her ability to drive and care for the horse and equipment. -6- Ord. 1622 Page 7 7. Each driver must have his or her valid driver's license in his or her possession while operating a carriage. ' 8. Drivers are prohibited from smoking, eating or wearing head phones while the carriage is in motion for optimum safety and control of the horse and carriage. 9. No driver shall abandon his or her carriage, permit another to drive the carriage, except an apprentice, or permit any passenger to ride on the driver's seat. D. Operations 1. No person shall operate a horse-drawn carriage in any manner which impedes or blocks the normal or reasonable movement of pedestrian or vehicular traffic unless such operation is necessary for safe operation or in compliance with law. 2. No person shall operate a horse-drawn carriage over any route not designated in the permit for the operation of such horse-drawn carriage. 3. Whenever a horse-drawn carriage is not available for hire, said horse- drawn carriage shall be stored at a place in a manner as approved by the City. 4. There should be no operation along any street which is configured so as ' to force motor vehicles to cross a centerline or make any other unsafe maneuver in order to get around a slow-moving carriage. 5. Horse-and-carriage standing areas (while awaiting a fare) must be in a location which does not impede free flow of motor vehicles and/or access to designated parking stalls as approved by the City as a part of the permit application process. 6. When operating on a multi-lane street, carriage shall keep to the right as far as possible except when preparing for a left turn. 7. Carriages shall not operate in any other manner not specifically addressed herein which is judged by the City's Traffic Engineer to be unduly hazardous or congestive in its effects. The City's Traffic Engineer reserves the right to impose upon a carriage operator at any time any specific restrictions deemed necessary in the interest of public safety or welfare. 8. Carriages shall observe specifically prescribed non-operating hours in specific zones or on specific streets. 9. Horse drop-off location and storage/housing facilities, including parking for hauling vehicles and horse trailers, as well as all proposed routes and ' hours of operation, must be approved by the City as a part of the permit application process. 10. The driver of a carriage shall not stop such vehicle upon any public street for the purpose of loading or unloading passengers other than at a -7- Ord. 1622 Page 8 designated horse-drawn carriage stand, other than in the case of an emergency, or by special permit issued pursuant to this Chapter. 11. Carriages shall, to the extent possible, make right turn movements onto any street if at a point of entry which is controlled by a stop sign. Crossing movements and left turns should generally be made at signalized intersections. 12. The City Manager is authorized to establish set hours of operation for horse-drawn carriages if in the determination of the City Manager such, hours are reasonably necessary for the preservation of health, safety or property. 13. Special charter trips may travel on different routes and/or pick up or drop off passengers at locations other than those established by this Chapter if a special permit is obtained in addition to a regular carriage permit. There shall be a separate fee of $25.00 charge for application processing of a special event carriage permit. 5.40.300 Insurance. At all times permittee shall indemnify, keep indemnified, save harmless, and defend the City, its officers, agents and employees from and against any injury, loss, damage, liability, claim and expense of any kind which the City or any of its officers, agents and employees may sustain, incur or pay and from all actions which may be connected with any of the operations of permittee. Permittee shall procure and maintain at its cost, during the term of the permit and any renewals thereof, from an insurer admitted in California or having a minimum rating of or equivalent to A:VIII in Best's Key rating Guide, comprehensive general liability insurance, endorsed to cover the use of all horse-drawn carriages operated pursuant to the permit, with a combined single limit of at least One Million Dollars ($1,000,000) for each occurrence or Two Million Dollars ($2,000,000) general aggregate. The City, its officials, employees and agents shall be covered as additional insureds with respect to liability arising from the operations of the permittee. Said insurance shall be primary insurance with respect to the City and shall contain an endorsement requiring thirty days prior written notice from insurers to the City and permittee before cancellation or change of coverage. Permit:tee shall file certificates of insurance and original endorsements containing the original signature of a person authorized by the insurer to bind coverage on its behalf and evidencing the coverage required herein for approval as to sufficiency and form prior to the start of operations pursuant to the permit. The City reserves the right to require complete certified copies of all policies at any time. Said insurance may provide for such deductibles or self-insured retention as may be acceptable to the City's Risk Manager. In the event such insurance does provide for deductibles or self-insured retention, permittee shall fully protect the City, its officials and employees in the same manner and to the same extent as they would have been protected had the policy not contained a deductible or retention provisions. ' Insurance required herein shall not be deemed to limit permittee's liability under this Chapter. Any modification or waiver of these insurance requirements shall only be made with the written approval of the City's Risk Manager. -8- Ord. 1622 Page 9 5.40.310 Inspections. ' Each company shall conduct regular safety inspections of their carriages. No vehicle shall be allowed into service that has lights, brakes or other safety features that are inoperable. Each company that has been issued a permit under this Chapter shall at all times allow the City complete access to any horse or carriage for the purposes of inspection. Any carriage found to be unfit for operation upon inspection shall be removed from service. 5.40.320 Penalty for violation. Any person who violates any of the provisions of this Chapter, or of any permit issued under this Chapter, shall be guilty of a misdemeanor. SECTION 2. SEVERABILITY. It is the intention of the City Council that the sections, subsections, clauses and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional. SECTION 3. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and convenience. SECTION 4. URGENCY. The City Council hereby declares this Ordinance to be an ' urgency measure in accordance with Government Code § 36934 due to the immediate need for regulations to protect public safety in the operation of horse-drawn carriages on the public right-of-way and that it shall take full force and effect immediately upon its passage. SECTION 5. PUBLICATION. The City Clerk of the City of Palm Springs shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted and published in the manner and the time required by law. ADOPTED this 2nd day of January, 2003 AYES: Members Hodges, Millls, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSTAIN: None ABSENT: None AT-TEST: CITY OF PALM SPRINGS, CALIFORNIA ity,Clerk Mayor ' Reviewed and Approved as to Form: I HEREBY CERTIFY that the foregoing Ordinance 1622 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 2nd day of January, 2003„ and that same was published in the Public Record, a ewspa er f C e al circulation on January 14, 2003. PATRICIA A. SANDERS City Clerk