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Ord 1802 - Adding Article VI to Chapter 29 Relating to Regulation of Horse-Drawn VehiclesNOTE: CORRECTED VERSION ORDINANCE 1802 AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE VI TO CHAPTER 29 OF THE LOS GATOS TOWN CODE RELATING TO REGULATION OF HORSE -DRAWN VEHICLES SECTION I Article VI of Chapter 29 of the Town Code of the Town of Los Gatos is hereby enacted to read as follows: ARTICLE VI. HORSE -DRAWN VEHICLES Sec. 29 -48 Purpose. The purpose of this Article is to regulate the operation of horse -drawn vehicles in the Town of Los Gatos to ensure that horse -drawn vehicles are operated safely in order to protect the public health, safety and welfare. Sec. 29 -49 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 Main 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 Avenue 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 non - profit 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 (30) days. "Veterinarian" shall mean a licensed equine practitioner in the State of California. "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 ". Sec. 29 -50 Permits Required (a) No person shall operate or cause to be operated a horse -drawn vehicle for hire within the Town of Los Gatos without first obtaining an operating permit issued as provided by this Article. (b) No person shall drive a horse -drawn vehicle for hire within the Town of Los Gatos without first obtaining a driver's permit as provided by this Article. 2 (c) No person shall drive a horse -drawn vehicle for hire within the Town of Los Gatos without first obtaining a vehicle permit as provided by this Article. Sec. 29 -51 Exemption from Permit 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. Sec. 29 -52 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 non - refundable application fee in an amount to be established by resolution of the Town Council. Sec. 29 -53 Investigation of Operating Permit Application and Issuance of Permit (a) The Chief of Police shall conduct such investigation of the application 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(s) which will be used will be properly licensed under 3 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 15 of this Code. (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 upon 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. Sec. 29 -54 Application for Driver's Permit and Issuance of Permit (a) An application for the driver's 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: E (1) The full name, present address and age of the applicant. (2) A certification of the applicant's experience, training and background driving horse -drawn vehicles provided by the operator of the service. (b) An applicant for the driver's permit shall be at least 18 years of age. (c) The application shall be accompanied by a non - refundable 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 he 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. Sec. 29 -55 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 non - refundable 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. 5 Sec. 29 -56 Regulations for Operation of Horse -Drawn Vehicles (a) No horse -drawn vehicle shall be operated for hire outside of the Central Horse and Carriage District as defined in Section 29 -49, 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 California 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 on cleaned or removed and stored in a proper receptacle as soon as practicable, but no longer than 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 (12) month period, and is not removed as specified in Section 29- 56(g)(2), 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. 0) No horse -drawn vehicle may carry more passengers than that authorized by the Vehicle Permit as specified in Section 29 -55. (k) No passenger may ride on the driver's bench. (1) No horse -drawn vehicle may be licensed under this article if it is designed to be drawn by more than one horse, nor may a horse -drawn vehicle be operated by more than one horse, except for special events as approved by the Town Council. (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 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 six weeks, or sooner if necessary. 7 (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) Medical Care. Every horse shall be examined prior to use in a horse- drawn vehicle business and every three 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 inspections of teeth, legs, hoofs and shoes; cardiovascular exam; drug analysis at intervals sufficient to detect inhumane treatment of the animal at the discretion of 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 minutes rest at the end of each labor hour, and portable 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 (7) 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 cold weather, 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 his or her 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 hours nor, unless the horse appears to be in pain or distress, more than twenty - four hours after the notice is delivered. Failure to allow such examination shall be grounds for summary suspension of the operating permit pursuant to Section 29- 60. (r) If an authorized agent or employee of the Town of Los Gatos determines that the horse appears to be in pain or distress, such agent may give 0 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 work 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 32 degrees Fahrenheit, nor above 85 degrees Fahrenheit. (x) The conduct of drivers shall be as follows: (1) The driver shall have in his or her possession at all times a horse -drawn vehicle license while operating said 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 for him or her, or permit any passenger to ride on the driver's bench. 10 (7) The driver shall at all times be responsible for the proper and humane treatment of the horse under his or her direct supervision or control. (8) 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 (4) A knife of legal size or other device capable of cutting a harness or rope. Sec. 29 -57 Liability Insurance Required 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. The amount of the policy shall be no less than one million dollars ($1,000,000) single limit per occurrence, issued by an admitted insurer as defined by the California Insurance Code, providing that the Town of Los Gatos, its officers, employees and agents are to be named as additional insureds under the policy. The policy shall stipulate that this insurance will 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. Said 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 30 days written notice to the Town prior to the effective date of such cancellation or change in coverage. Permittee shall have Certificate of 11 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. Sec. 29 -58 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 of Los Gatos, its officers, employees and agents from and against all actions, claims, losses, damages, liability, costs and expenses of every type and description, 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. Sec. 29 -59 Term of Permit All permits issued hereunder for non - special events shall expire on July 1, following the date of issuance and shall be renewed annually. A non - refundable renewal application fee for each 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. All permits issued hereunder for special events shall be valid only during the period of time set forth in the permit and shall be applied for separately for each special event. 12 Sec. 29 -60 Suspension or Revocation of Permit (a) An operating permit issued hereunder shall be summarily suspended whenever the Town receives a written opinion from a duly licensed veterinarian that any animal used by the operator 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 passengers, 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 29- 56(q). Upon request of the applicant, a hearing shall be held before the Chief of Police within 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 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 hereunder 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 exists 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. 13 Written notice of the time and place of such hearing before the Chief of Police shall be given at least 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 address appearing in the application for a permit. The applicant may appeal the decision of the Chief of Police to the Town Manager by filing a notice of appeal within 10 days after the date of the decision of the Chief of Police. The notice of appeal shall state the grounds of appeal. Sec. 29 -61 Appeal of Denial Any person denied a permit pursuant to these provisions may appeal to the Town Manager in writing within 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. Sec. 29 -62 Non - Transferability of Permit No permit issued under this Article may be sold, assigned, mortgaged or otherwise transferred. 14 SECTION II This Ordinance takes effect 30 days after it is adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 2, 1989, and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on November 20, 1989: COUNCIL MEMBERS AYES: Joanne Benjamin, Robert L. Hamilton, Brent N. Ventura NAYES: Eric D. Carlson, Mayor Thomas J. Ferrito ABSENT: NONE ABSTAIN: NONE SIGNED: MAYOR OF THE LOS GATOS, CAI ATTEST: CLERK OF 'THE TOWN OF L GATOS LOS GATOS, CALIFORNIA. • GATOS 15 This document, Ordinance 1802, attested to and sealed by the Town Clerk February 8, 1990, is a corrected original. The Town Attorney having given her opinion on this date that it was proper to certify this instrument with corrections to the body not reflected in the first two copies. These corrections were those approved by Council November 20, 1989. Further, the Town Attorney requested a corrected version be published. This publication will occur February 21, 1990. These three documents are on file together in this office. It Clerk of the Town of Los Gatos February 8, 1990