Chapter 6.08
HORSE DRAWN CARRIAGES

Sections:

6.08.010    Definitions.

6.08.020    Activities requiring license.

6.08.030    Vehicle license – Application.

6.08.040    Expiration.

6.08.050    Transfer.

6.08.060    Driver’s license application.

6.08.070    Driver’s license expiration.

6.08.080    Driver’s license transfers.

6.08.090    License and other related fees.

6.08.100    License issuance.

6.08.110    Possession of license.

6.08.120    Police Chief requirements.

6.08.130    Violations.

6.08.010 Definitions.

A.    A “horse drawn carriage” is a nonmotorized vehicle drawn by a horse, pony, mule, donkey or the like, used for the transportation of passengers and baggage upon the streets of the City of Ferndale.

B.    An “animal” in this chapter refers to horses, ponies, mules, donkeys or the like, used to draw a horse drawn carriage. (Ord. 1098 § 2, 1995)

6.08.020 Activities requiring license.

No person may operate, use or drive a horse drawn carriage on any public street or property in the City of Ferndale, except as permitted by FMC 6.08.060, unless the vehicle is licensed under this chapter, and no person may drive a horse drawn carriage without a driver’s license issued under this chapter. (Ord. 1098 § 2, 1995)

6.08.030 Vehicle license – Application.

An applicant for a horse drawn carriage license must submit:

A.    Proof of ownership or lessee’s interest in the vehicle;

B.    The name and address of the owner of the vehicle;

C.    The make, model, year of manufacture, color and any identifying number of the vehicle;

D.    A certificate of public liability insurance, naming the City as an additional insured, providing coverage for the term of the license applied for, in minimum amounts of $1,000,000 for any recovery for death or personal injury by one person; $1,000,000 for aggregate personal injuries or deaths in any one occurrence and $1,000,000 for damage to property. Such policy shall provide a minimum 30 days’ written notice to the City of the cancellation of the policy or change in the liability limits;

E.    A description of the proposed use, routes, frequency of use of said horse drawn carriage upon public streets or property; and

F.    A plan to prevent manure from being deposited on any public right-of-way, and for the proper disposal of manure and other debris related to the operation of the horse drawn carriage. (Ord. 1098 § 2, 1995)

6.08.040 Expiration.

A horse drawn carriage vehicle license expires on December 31st of each year. (Ord. 1098 § 2, 1995)

6.08.050 Transfer.

A horse drawn carriage vehicle license is not transferable to another person or vehicle. (Ord. 1098 § 2, 1995)

6.08.060 Driver’s license application.

An applicant for a horse drawn carriage driver’s license must submit a statement as to the following:

A.    Of name, age and addresses for the past five years;

B.    Of current and last preceding place of employment;

C.    Whether previously employed or licensed as a horse drawn carriage driver and if so, why not now so employed;

D.    That he/she has been a licensed motor vehicle operator for at least two years, and that he/she holds a current, valid Washington State driver’s license; and

E.    That he/she has not been convicted of an offense while operating a horse drawn carriage relating to the fitness or ability to operate a horse drawn carriage, within 10 years, or that he/she has not been convicted of driving any motor vehicle or horse drawn carriage while under the influence of intoxicants or drugs or reckless driving within one year. (Ord. 1098 § 2, 1995)

6.08.070 Driver’s license expiration.

Horse drawn carriage driver’s licenses expire December 31st of each year. (Ord. 1098 § 2, 1995)

6.08.080 Driver’s license transfers.

A horse drawn carriage driver’s license is not transferable to any other person. (Ord. 1098 § 2, 1995)

6.08.090 License and other related fees.

The fees for a vehicle license shall be as contained in the City’s most current approved Fee Code and, for a driver’s license, shall be as contained in the City’s most current approved Fee Code, as set by ordinance of the Ferndale City Council. (Ord. 1098 § 2, 1995)

6.08.100 License issuance.

The City Clerk, or his/her designee, upon recommendation of the Chief of Police, is authorized to issue vehicle and driver’s licenses for horse drawn carriages. (Ord. 1098 § 2, 1995)

6.08.110 Possession of license.

At all times while operating a horse drawn carriage on public streets or property within the City, a driver of such carriage shall have in his/her possession a valid vehicle license for said carriage and a valid driver’s license for the operation of such carriage and a valid Washington State driver’s license. (Ord. 1098 § 2, 1995)

6.08.120 Police Chief requirements.

A.    Because of the relative lack of speed and maneuverability of horse drawn carriages, the Chief of Police may impose special requirements on the vehicle license, including prohibiting travel on certain arterials in the congested district or narrow streets and restricting the hours of operation on certain streets. Unless the vehicle is equipped with approved lighting, the Chief may prohibit operation during hours of darkness or during times of low visibility.

B.    Although a horse drawn carriage is subject to all traffic laws applicable to vehicles when operating on the public ways, the Chief may approve a specific route set forth in the application including parkways, squares and other places not normally accessible to motor vehicles.

C.    Subject to approval of the Police Chief, each owner/operator shall designate and make provision for an off-street area to stand, park or discharge and load passengers. (Ord. 1098 § 2, 1995)

6.08.130 Violations.

It is a violation and grounds for suspension or revocation of a horse drawn carriage driver’s and vehicle license, for any such driver to:

A.    Commit more than two traffic infractions while driving a horse drawn carriage in any 12-month period;

B.    Be guilty of reckless driving or driving offenses involving the use of alcohol;

C.    Allow a person to enter or alight from the vehicle while it is in motion or pick up or discharge a passenger at any place other than the designated loading areas;

D.    Allow a passenger to consume intoxicating liquor or controlled substances in the vehicle;

E.    By reason of neglect or intent to cause or allow any animal under his/her care to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury he/she has caused to any animal under his/her care;

F.    Leave any animal under his/her care unattended, whether tethered or untethered, within any area of the City zoned for commercial use by the City zoning code, or upon any public street or property;

G.    Failure to prevent the deposition of manure on a public right-of-way or fail to promptly collect and properly dispose of manure or other debris related to the operation of the horse drawn carriage; or

H.    Fail to carry the required licenses while operating a horse drawn carriage on public ways within the City, or failure to display such license(s) to any police officer upon request. (Ord. 1098 § 2, 1995)