Attachment 11 of 8
ARTICLE IV. - HORSE-DRAWN VEHICLES
Sec. 28.40.010. - Purpose.
The purpose of this article is to regulate the operation of horse-drawn vehicles in the Town to ensure
that horse-drawn vehicles are operated safely in order to protect the public health, safety and welfare.
(Code 1968, § 29-48; Ord. No. 1802, § I, 11-20-89)
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:
Central horse and carriage district shall mean the area bordered by Montebello Way between West
Main Street and Broadway, Broadway between Montebello Way and South Santa Cruz Avenue, West
Main Street between Montebello Way and Bayview Avenue, Bayview Avenue between West M ain Street
and Pennsylvania Avenue, Pennsylvania Avenue between Bayview Avenue and Glenridge Avenue,
Glenridge Avenue between Pennsylvania Avenue and Bachman Avenue, Bachman Avenue between
Glenridge Avenue and Wilder Avenue, Wilder Avenue between Bachman A venue and Bean Avenue,
Bean Avenue between Wilder Avenue and Tait, Tait between Bean Avenue and West Main Street.
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 Council for "special events."
Driver shall mean the person responsible for driving or control of the horse-drawn vehicle.
For hire shall mean any use of a horse-drawn vehicle for which any consideration is paid by any
person.
Horse shall mean any animal of the genus equus, mule or other animal.
Horse-drawn vehicle shall include any wagon, coach, omnibus or any vehicle which is powered in
whole or in part by a horse.
Operator shall mean an individual, partnership, corporation, association or other legal entity.
Special event shall mean an activity of general community-wide interest held within the limits of the
Town and open to the public. The applicant for a special event operating permit shall be a nonprofit
organization, church, school or other public entity. While the Council has the authority to specify the time
frame of a special event, it is generally intended that no special event exceed thirty (3 0) days.
Veterinarian shall mean a licensed equine practitioner in this state.
Work shall mean when a horse is out of its stable or other living quarters and presented to the public
as being available for use with any horse-drawn vehicle, when it is in harness or when it is pulling a
horse-drawn vehicle.
(Code 1968, § 29-49; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.020. - Permits—Required.
(a) No person shall operate or cause to be operated a horse-drawn vehicle for hire within the Town
without first obtaining an operating permit issued as provided by this article.
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(b) No person shall drive a horse-drawn vehicle for hire within the Town without first obtaining a driver's
permit as provided by this article.
(c) No person shall drive a horse-drawn vehicle for hire within the Town without first obtaining a vehicle
permit as provided by this article.
(Code 1968, § 29-50; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.025. - Same—Exemption from requirements.
The permit requirements of this article shall not apply to the use of a horse-drawn vehicle for special
events approved by the Town Council, including, but not limited to, parades, provided that during the
special event, rides in the vehicle are not being offered to the general public.
(Code 1968, § 29-51; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.030. - Same—Application for operating permit.
(a) An application for the operating permit required by this article shall be made to the Chief of Police
on forms to be provided by the Town. Such application shall include the following information:
(1) The full name and present address of the applicant;
(2) A description of the number and type of vehicles to be operated under the permit;
(3) Identification through veterinarian certification and full color photographs of the animals which
will pull the vehicles;
(4) Such additional information bearing on the proposed operation as the Chief of Police may
require.
(b) The application shall be accompanied by a nonrefundable application fee in an amount to be
established by resolution of the Town Council.
(Code 1968, § 29-52; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.035. - Same—Investigation of operating permit application and issuance.
(a) The Chief of Police shall conduct such investigation of the application for an operating permit and
the applicant as is necessary to determine if issuance of the permit would be consistent with the
purposes of this article. A permit shall not be issued unless the Chief of Police finds that:
(1) The vehicle which will be used will be properly licensed under this article.
(2) The horses which are to pull the vehicles have been certified by a qualified veterinarian and the
animals are acceptable to the Town as healthy, fit and able to do the work of pulling a fully
loaded vehicle.
(3) The animals which will pull the vehicles shall be certified by the operator to have been trained
adequately to pull safely a fully loaded vehicle of the type to be used.
(4) The persons who will drive the vehicles will be properly licensed under this article and certified
by the operator to be fully trained and able to operate the vehicles in a manner which will assure
the safety of the animals, the passengers and other users of the streets.
(5) Issuance of the permit is not contrary to the health, safety or welfare of the public.
(6) The applicant has paid all taxes and charges required by chapter 14 of this Code.
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(b) The actual cost of any examinations or tests by a veterinarian or other professional shall be paid by
the applicant in addition to the application fee.
(c) The Chief of Police shall impose such conditions u pon the permit as may be deemed appropriate to
protect the public health, safety and welfare, which may include limiting the time of operation and
number of vehicle permits issued.
(d) A copy of the operating permit shall be prominently displayed in each vehicle operated pursuant to
the permit.
(Code 1968, § 29-53; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.040. - Same—Application for driver's permit and issuance.
(a) An application for the driver's permit required by this article shall be made to the C hief of Police on
forms provided by the Town. Such application shall include the following information:
(1) The full name, present address and age of the applicant;
(2) A certification of the applicant's experience, training and background driving hors e-drawn
vehicles provided by the operator of the service.
(b) An applicant for the driver's permit shall be at least eighteen (18) years of age.
(c) The application shall be accompanied by a nonrefundable application fee in an amount to be
established by resolution of the Town Council.
(d) The Chief of Police shall issue a driver's permit if the Chief finds that the issuance of the permit is
not contrary to the public health, safety or welfare.
(e) A copy of the driver's permit shall be carried upon the person of the driver whenever the driver is
driving a vehicle regulated under this article.
(Code 1968, § 29-54; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.045. - Same—Vehicle permit application and issuance.
(a) An application for the vehicle permit required by this article shall be made to the Chief of Police on
forms provided by the Town. Such application shall include the following information:
(1) A complete description of the vehicle, including its date of manufacture, if available; and
(2) An accurate sketch or photograph of the vehicle, including color and material designations, as
appropriate.
(b) The application shall be accompanied by a nonrefundable application fee in an amount established
by resolution of the Town Council.
(c) A vehicle permit shall be granted only if the Chief of Police is satisfied that the vehicle is in a safe
condition such that its operation will not endanger public safety, after having been inspected by the
Chief of Police or his designee.
(d) The vehicle permit shall be prominently displayed on the vehicle at all times when the vehicle is in
use and shall indicate the maximum number of passengers permitted.
(Code 1968, § 29-55; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.050. - Same—Non-transferability.
No permit issued under this article may be sold, assigned, mortgaged or otherwise transferred.
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(Code 1968, § 29-62; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.055. - Same—Appeal of denial.
Any person denied a permit pursuant to these provisions may appeal to the Town Manager in writing
within ten (10) days from such action stating reasons why the permit should be granted. The Town
Manager may grant or deny the permit and such decision shall be final upon the applicant.
(Code 1968, § 29-61; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.060. - Same—Suspension or revocation.
(a) An operating permit issued under this article shall be summarily suspended whenever the Town
receives a written opinion from a duly licensed veterinarian that any animal used by the operat or to
draw a horse-drawn vehicle is under excessive physical stress, is malnourished, is not in sound
condition, or is otherwise unhealthy such that continued use of the animal to draw a horse -drawn
vehicle would pose a threat to the animal or to passenger s or to members of the public, or whenever
an operator fails to permit examination of an animal used by the operator by a Town selected
veterinarian upon proper notice as specified in section 28.40.070(m). Upon request of the applicant,
a hearing shall be held before the Chief of Police within three (3) working days after the notice of
suspension, at which time the Chief of Police shall determine whether the grounds for summary
suspension existed and whether such suspension should be continued or rescinded. The applicant
may appeal the decision of the Chief of Police to the Town Manager by filing a notice of appeal
within ten (10) days after the date of the Chief of Police's decision. The notice of appeal shall state
the grounds of appeal.
(b) Any permit issued under this article may be suspended or revoked when it shall appear to the Chief
of Police that any activity authorized by the permit is being carried out in such a manner as to
constitute a nuisance or to be injurious to the public health, safety or welfare or in violation of any
condition imposed upon the permit or that there exist any of the grounds which would have been
grounds for denial of the permit application. Except as provided in subsection (a), no permit shall be
revoked or suspended until a hearing shall have been held by the Chief of Police.
(c) Written notice of the time and place of such hearing before the Chief of Police shall be given at least
ten (10) days prior to the date set for such hearing to the applicant, the person to whom the permit
was granted and to any other person requesting prior notice. Such notice shall contain a brief
statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be
given by personal delivery thereof to the persons to be notified or by depositing the same in the U.S.
Mail in a sealed envelope, postage prepaid, addressed to such persons to be notified at the
addresses appearing in the application for a permit.
(d) The applicant may appeal the decision of the Chief of Police to the Town Manager by filing a notice
of appeal within ten (10) days after the date of the decision of the Chief of Police. The notice of
appeal shall state the grounds of appeal.
(Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.065. - Same—Term.
(a) All permits issued under this article for non-special events shall expire on July first following the date
of issuance and shall be renewed annually. A nonrefundable renewal application fee for eac h permit
shall be set by resolution of the Town Council. Any ground which would be grounds for denying an
initial permit shall be grounds for denying a permit renewal.
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(b) All permits issued under this article for special events shall be valid only durin g the period of time
set forth in the permit and shall be applied for separately for each special event.
(Code 1968, § 29-59; Ord. No. 1802, § I, 11-20-89)
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 Council 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 Council 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.
(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.
(k) No one other than the driver may sit in the driver's seat.
(l) No horse-drawn vehicle may be licensed under this 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.
(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.
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(3) The hoofs of the horse must be properly shod and trimmed, utilizing rubb er 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 p hysical 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 correctio n 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.
(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 har assing 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 determin e 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.
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(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 f it 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.
(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 vehi cle 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.
(Code 1968, § 29-60; Ord. No. 1802, § I, 11-20-89)
Sec. 28.40.075. - Liability insurance required.
(a) No operator's permit shall be issued and no operator's permit shall be valid unless the applicant has
and maintains in full force and effect at the applicant's expense the following insurance coverage:
Comprehensive auto and general liability insurance, including products and completed operation
liability and personal injury liability. The amount of the policy shall be no less than one million dollars
($1,000,000.00) single limit per occurrence, issued by an admitted insurer or insurer as defined by
the State's Insurance Code, providing that the Town, its officers, employees and agents are to be
named as additional insureds under the policy. The policy shall stipulate that this insurance will
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operate as primary insurance and that no other insurance effected by the Town or other named
insured will be called on to contribute to a loss covered thereunder.
(b) Such policies shall provide that no cancellation, change in coverage, or expiration by the insurance
company or the insured shall occur during the term of this contract, without thirty (30) days' written
notice to the Town prior to the effective date of such cancellation or change in coverage. A permittee
shall have a certificate of insurance filed with the Town Clerk prior to issuance of any permit and
prior to engaging in any operation or activity authorized by the permit.
(Ord. No. 1802, § I(29-57), 11-20-89)
Sec. 28.40.080. - Indemnification.
Any applicant to whom an operating permit, driver's permit, or vehicle permit is issued shall assume
the defense of and indemnify and hold harmless the Town, its officers, employees and agents from and
against all actions, claims, losses, damages, liability, costs and expenses of every type and de scription,
including but not limited to attorney fees, to which any or all of them may be subjected by reason of or
resulting from, directly or indirectly, in whole or in part, the acts or omissions of the permittee or the
permittee's agents, officers or employees, directly or indirectly arising from the activity authorized by such
permit.
(Code 1968, § 29-58; Ord. No. 1802, § I, 11-20-89)