Ord 2282 - Amending Chapter 28, Article IV entitled Horse Drawn VehiclesORDINANCE 2282
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 28, ARTICLE IV OF THE LOS GATOS TOWN CODE ENTITLED
HORSE DRAWN VEHICLES
WHEREAS, Chapter 28, Article IV of the Town Code entitled Horse Drawn Vehicles provides for
operation regulations for horse drawn vehicles in the incorporated areas of the Town of Los
Gatos; and
WHEREAS, a comparison review of Chapter 28, Article IV was undertaken to examine for
accuracy, relevance, streamlining, and language; and
WHEREAS, this amendment to the Town's Municipal Code is necessary for the health, safety and
welfare of the Town and its inhabitants.
NOW, THEREFORE, the Town Council of Los Gatos does ordain as follows:
SECTION I. AMENDMENT OF MUNICIPAL CODE
Chapter 28, Article IV, Section 28.40.015 and 28.40.070 of the Town Code are hereby amended
to read as follows:
Sec. 28.40.015. - Definitions.
For the purpose of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Designated loading zones shall mean the west red curb area on Montebello Way adjacent to
Plaza Park between West Main Street and Broadway, the west red curb area on Wilder Avenue
south of Bachman Avenue, and any other area as approved by the Town Manager for "special
events."
Sec. 28.40.070. - Operation regulations.
(a) No horse -drawn vehicle shall be operated for hire outside of the central horse and carriage
district as defined in section 28.40.015, except as approved by the Town Manager for special
events.
(b) Horse -drawn vehicles shall not be operated during peak commute periods Monday through
Friday, except holidays, unless otherwise approved by the Town Manager for special events. For
the purpose of this section, peak commute periods shall mean 7:00 a.m. to 9:00 a.m. and 3:30
p.m. to 7:00 p.m.
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(c) No horse -drawn vehicle shall be left unattended on a public right -of -way at any time.
(d) Tickets shall be sold, services offered, and passengers loaded and unloaded only at designated
loading zones. There shall be no hawking of tickets or services from the vehicles or from any
public right -of -way other than the designated loading zones.
(e) Each horse -drawn vehicle must have brakes.
(f) Each horse -drawn vehicle must have sufficient reflective material placed along the shafts of
the vehicle, or other parts thereof, which normally parallel the body, head and legs of the horse
pulling such vehicle, and meet all other requirements of the state's Vehicle Code.
(g) Each horse -drawn vehicle must be equipped with a device to collect feces or other such
wastes so that none is deposited on the public right -of -way or on any private property. Such
device shall be attached to the breeching of the harness and to the front of the carriage, so that
the carriage may support its weight. The device may not be affixed to or hang from the horse's
body. The device must be emptied and cleaned as necessary.
(1) Any urine which is deposited on the public right -of -way or any private property must be
immediately diluted with fresh water.
(2) Any feces or other such waste, except urine, which is deposited on the public right -of -way or
any private property shall be cleaned or removed and stored in a proper receptacle as soon as
practicable, but no longer than sixty (60) minutes after the deposit occurs.
(3) If feces or other such waste, including urine, is deposited on the public right -of -way three (3)
or more times in any twelve -month period, it shall be grounds for revocation of the operating
permit.
(h) A schedule of rates must be conspicuously displayed at all times.
(i) Each horse -drawn vehicle shall be maintained in a safe and sanitary condition.
(j) No horse -drawn vehicle may carry more than four (4) passengers at one (1) time, excluding
the driver, unless otherwise approved by the Town Manager.
(k) No one other than the driver may sit in the driver's seat.
(1) No horse -drawn vehicle may be licensed underthis article if it is designed to be drawn by more
than one (1) horse, nor may a horse -drawn vehicle be operated by more than one (1) horse,
unless approved by the Town Manager
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(m) No horse may be used to draw a vehicle unless the animal is in good health and the following
requirements are met:
(1) The horse must weigh at least one thousand (1,000) pounds.
(2) The horse may not have any open sore or wound, nor may such horse be lame or have any
ailment which may affect the animal's performance.
(3) The hoofs of the horse must be properly shod and trimmed, utilizing rubber coated, rubber
heel pads or open steel borium tip shoes to aid in the prevention of slipping. Horses shall be shod
and trimmed by an experienced and competent farrier at least every four (4) to six (6) weeks, or
sooner if necessary.
(4) The horse must be groomed daily and not have fungus, dandruff or a poor or dirty coat.
(5) The animal must have adequate flesh and muscle tone.
(n) Every horse shall be examined prior to use in a horse -drawn vehicle business and every three
(3) months thereafter, at the licensee's expense, by a licensed veterinarian who shall certify the
fitness of the horse to perform such work and provide the Chief of Police with a health certificate.
The horse shall be examined and treated for internal parasites; for its general physical condition,
which is to include inspection of teeth, legs, hoofs and shoes; cardiovascular exam; drug analysis
at intervals sufficient to detect inhumane treatment of the animal at the discretion of the licensed
veterinarian if drug abuse is suspected; and for its physical ability to perform the work or duties
as required of it. The examination shall also include a record of any injury, disease, or deficiency
observed by the veterinarian at the time, together with any prescription or humane correction
or disposition of the same. A health certificate signed by the examining veterinarian shall be kept
at the stable where the horse is sheltered and shall contain the identification number, age and
condition of the horse. The certificate shall show that the horse has been immunized against
equine infectious anemia and any other immunizations given, and that the horse has been given
a Coggins test with negative results. A copy of the certificate shall be filed with the Chief of Police.
(o) Horse -drawn vehicle operators and drivers shall adhere to the following:
(1) Horses used to pull horse -drawn vehicles shall be given a fifteen - minute rest at the end of
each labor hour, and potable water shall be made available during the rest period. Labor hours
are defined as harness hours.
(2) No horse shall be worked more than eight (8) hours in a twenty- four -hour period.
(3) No horse shall be worked more than five (5) days in a seven -day period.
(4) No horse may be worked with equipment causing an impairment of vision, other than normal
blinders.
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(5) No whip shall be used unless its design is first approved by the Humane Society, nor may the
driver of a carriage apply a whip to a horse other than by a light touch.
(6) No horse drawing a vehicle shall be worked at a speed faster than a slow trot.
(7) During winter months, horses stationed outdoors will be covered with blankets while awaiting
passengers.
(8) All blankets shall be kept clean at all times.
(p) No animal shall be subject to any cruel or harassing treatment, including, but not limited to,
any violation of the mandatory rest periods and water schedules, or other criteria established
herein. The horse -drawn vehicle operator shall be responsible for the humane care and
treatment of the operator's animals, or the animals used in the business operation.
(q) The Chief of Police or his designee may order a horse -drawn vehicle operator to have any
horse utilized by the operator to be examined by a veterinarian, at the operator's expense, to
determine its fitness for such work and compliance with the rules and regulations promulgated
hereunder. Such orders shall be in writing and may be given to the driver of the vehicle to which
the horse is hitched, or to the operator at the operator's place of business. The order shall
prescribe the time within which the examination shall take place, which shall not be more than
seventy -two (72) hours nor, unless the horse appears to be in pain or distress, more than twenty -
four (24) hours after the notice is delivered. Failure to allow such examination shall be grounds
for summary suspension of the operating permit pursuant to section 28.40.060.
(r) If an authorized agent or employee of the Town determines that the horse appears to be in
pain or distress, such agent may give custody and control of the animal to the Humane Society.
Such horse may not be returned to service until the animal has been inspected, at the operator's
expense, by a licensed veterinarian who has issued a written statement that the horse is fit to
perform such work.
(s) A licensed horse shall not be sold or disposed of except in a humane manner. Sale for slaughter
does not constitute a humane sale or disposition.
(t) Harnesses, bridles, bits and padding must be properly fitted and kept in clean and good repair
at all times. The harness shall be kept free of makeshifts like wire, rope and rusty chains.
(u) The harness must be oiled and cleaned so as to be soft at all times.
(v) Operators and drivers shall not allow a horse to be worked during adverse weather conditions,
which shall include, but not be limited to, snow, ice, heavy rain or other slippery conditions.
(w) Horses shall not be worked in temperatures below thirty -two (32) degrees Fahrenheit, nor
above eighty -five (85) degrees Fahrenheit.
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(x) The conduct of drivers shall be as follows:
(1) The driver shall have in possession at all times a horse -drawn vehicle license while operating
such vehicle.
(2) Each driver must have a valid California driver's license.
(3) The driver shall obey all traffic laws and regulations of the Town and the State.
(4) No driver shall operate a vehicle while under the influence of alcohol or narcotic drugs.
(5) Drivers are prohibited from smoking, eating or wearing headphones while the vehicle is in
motion for optimum safety and control of the horse and vehicle.
(6) No driver shall abandon the vehicle, permit another to drive or permit any passenger to ride
on the driver's seat.
(7) The driver shall at all times be responsible for the proper and humane treatment of the horse
under the driver's direct supervision or control.
(8) Drivers shall at all times be dressed neatly and cleanly and be courteous in manner.
(9) Drivers shall yield the right -of -way to traffic approaching from the rear as soon as reasonably
safe by moving to the right of the roadway.
(y) Each horse -drawn vehicle shall be equipped with the following safety equipment:
(1) Fire extinguisher;
(2) Flashlight;
(3) Lead rope.
SECTION II. CONSTRUCTION
The Town Council intends this Ordinance to supplement, not to duplicate or contradict,
applicable state and federal law and this Ordinance shall be construed in light of that intent. To
the extent the provisions of the Los Gatos Municipal Code as amended by this Ordinance are
substantially the same as the provisions of that Code as it read prior to the adoption of this
Ordinance, those amended provisions shall be construed as continuations of the earlier
provisions and not as new enactments.
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SECTION III. CEQA
The Town Council finds and determines that the adoption of this ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the
General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects which
have the potential for causing a significant effect on the environment. It can be seen with
certainty that the proposed Town Code text amendments will have no significant negative effect
on the environment.
SECTION IV. SEVERBILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by
a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the
remaining portions of this ordinance. The Town Council of the Town of Los Gatos hereby declares
that it would have passed this ordinance and each section or subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid. Except as expressly modified in this Ordinance, all other
sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force
and effect.
SECTION V. EFFECTIVE DATE
This Ordinance shall take effect immediately and will be enforced thirty (30) days after its
adoption.
SECTION VI. PUBLICATION AND POSTING
In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a
summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days
after adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
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SECTION VII. INTRODUCTION AND ADOPTION.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on the 7th day of May 2019 and adopted by the following vote as an ordinance of the Town
Council of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los
Gatos on 211t day of May 2019.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, C�AyLIF NIA
DATE: Lt
ATTEST:
TOWN CLERK CDT THEY O N OF LOS GATOS
LOS GATOS, �CALIFORNIA
DATE: L_
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