Chapter 5.35
HORSE DRAWN CARRIAGES, CARTS OR CONVEYANCES
Sections:
5.35.030 Chief of police authorized to review, award licenses – Route requirements.
5.35.040 Operator, horse and carriage requirements.
5.35.050 Social/recreational events.
5.35.070 Suspension or revocation of license and appeals thereof.
5.35.010 License required.
It is unlawful to operate without a valid city issued license a business, or engage in a social/recreational activity, that involves a horse drawn carriage, cart, or similar conveyance used to transport people on the public roadways, rights-of-way, and/or parks of the city of Forks. Operating a horse drawn carriage, cart, or similar conveyance used to transport people on the public roadways, rights-of-way, and/or parks of the city of Forks is a privilege, not a right. The submission of an application shall create a right to a license. No license required by this chapter shall be required of a person operating a horse drawn carriage, cart or similar conveyance as an entry in a parade, or as temporary free entertainment if permission of the landowner has been obtained. (Ord. 575 § 2(A), 2010)
5.35.020 License fee.
An applicant will be required to pay a nonrefundable fee upon approval of their submitted license. The fee shall be $50.00 per year for a business providing transportation to people via a horse drawn carriage, cart, or similar conveyance upon the public roadways, rights-of-way, and/or parks of the city of Forks. The fee shall be $15.00 per event for recreational/social organization related activities where part of the event includes the transportation of people via a horse drawn carriage, cart, or similar conveyance upon the public roadways, rights-of-way, and/or parks of the city of Forks. (Ord. 589 § 1, 2011; Ord. 575 § 2(B), 2010)
5.35.030 Chief of police authorized to review, award licenses – Route requirements.
(1) The chief of police is authorized to accept and review applications for a license described within this code for the activities described elsewhere within this chapter.
(2) Applicants seeking an annual business license shall submit a letter requesting a license and provide the following information as part of the application:
(a) Proof of applicable insurance, or evidence that the applicant would obtain an insurance policy in an amount of no less than those established by the state of Washington for motor vehicle drivers;
(b) Narrative description of the carriage, cart, wagon, or conveyance to be utilized by the applicant to include:
(i) Installed safety devices, as well as any other proposed safety measures the applicant plans to implement as part of its operations;
(ii) Passenger limit for the carriage as specified by the carriage manufacturer, or estimated based upon some other formula/calculation as specified by the applicant;
(c) Narrative description of the training of the operator to include the operator’s experience in operating such a mode of transportation, emergency procedures, animal commands and controls in handling unruly or uncontrollable animals;
(d) Narrative description of how equipment and animals will be inspected each day of operations; how animals will be provided with potable drinking water at least once per hour; and how animal waste will be collected and disposed of;
(e) If applicable, initial rates per passenger to be charged by the applicant and/or operator. Such rates may be modified or adjusted by the applicant/operator upon providing the city a copy of the adjusted rates at least one week prior to their being imposed by the applicant/operator;
(f) Proposed routes of operation with city sheets clearly identified and estimated travel times along said route(s);
(g) A copy of a certificate of health issued within the last three months from a licensed veterinarian certifying that the animal to be used is fit to draw the carriage, cart, wagon, etc. In addition, the veterinarian statement must include proof of current vaccinations including but not limited to tetanus, rabies, equine influenza and eastern/western encephalomyelitis. If vaccinations are administered by someone other than a veterinarian, the applicant may submit a certification signed under the penalty of perjury by the person who administered the vaccinations when those were administered, and what was administered.
(3) Applicants seeking a license associated with a specific event must submit a letter at least seven days in advance of the event that contains the information found within subsections (2)(a), (b), (c), (d) (if applicable), (f), and (g) (if applicable) of this section.
(4) The chief of police shall have the right to request additional information of the applicant; determine if an application is complete and providing sufficient information in which to review and make a decision regarding the awarding of a license; and to approve or deny an application for a license. If the chief approves a license, the chief will provide a paper license to the applicant. If the license is denied by the chief, the applicant may request a meeting with the chief to discuss the denial and may resubmit their application one time without charge within a month of the date of the denial for the chief to consider. A license shall be granted upon a reasonable determination by the chief that the proposed activities of the applicant will be operated in the best interests of the public’s safety, with adequate consideration given for the safety and comfort of the passengers and animal(s); and with adequate safety measures associated with the operations to protect the passengers, operator(s), animals, and motor vehicles traveling along the same public rights-of-way. (Ord. 575 § 2(C), 2010)
5.35.040 Operator, horse and carriage requirements.
(1) Operator Requirements. The operator of the carriage, cart or conveyance shall be required to:
(a) Be at least 18 years of age with a valid Washington State driver’s license in their possession while operating the carriage, cart or conveyance;
(b) Have proof of insurance in their possession for the operation of the carriage, cart or conveyance;
(c) Have information in their possession as to who is the owner/operator of the business to include business name, contact phone number and address;
(d) Have been trained in emergency procedures to include but not be limited to: fixing equipment that has malfunctioned; basic first aid if applicable; and to handling unruly or uncontrollable animals via reasonably appropriate commands; and
(e) Have necessary equipment needed to collect and dispose of animal waste, as well as being able to provide water and feed to the animal while operating.
(2) Animal Requirements. The animal utilized to draw the carriage, cart or conveyance shall be:
(a) In good health and clean condition;
(b) Vaccinated annually to include but not limited to tetanus, rabies, equine influenza and eastern/western encephalomyelitis;
(c) Seen by a licensed veterinarian at least once per year to certify that the animal can in fact pull and/or draw a carriage, cart, or conveyance, when being used for that purpose pursuant to the business license requirements found herein; and
(d) Outfitted in such a manner as to have proper protection of its feet as recommend by a farrier.
(3) Carriage Requirements. The carriage, cart, or conveyance shall be:
(a) In good, serviceable condition with a record of maintenance and repair kept by the owner and/or operator in a location where inspection of said records can quickly occur;
(b) Able to be slowed or stopped by using a manual breaking system;
(c) Outfitted with the necessary safety reflectors of sufficient size to be seen by any vehicle following or coming upon the carriage. Some of the reflectors are to be located on the rear of the carriage and at height readily visible by approaching traffic;
(d) Either outfitted with lighting or, in the alternative, be paired with a vehicle that can act as a support/chase vehicle with lights on, if being operated after dusk and before dawn in areas not well lit by existing street lights. (Ord. 589 § 2, 2011; Ord. 575 § 2(D), 2010)
5.35.050 Social/recreational events.
Operators of horse drawn carriages, carts, or other such conveyances in association with specific social/recreational events shall be required to ensure that their operations and equipment conforms in a manner similar to that for a business operating for hire as determined by the chief of police. However, this chapter shall only apply to those events where the carriage, cart or other such conveyance will be traveling upon a public right-of-way, public property, or occurring within the confines of city park. The carriage, cart or conveyance shall have at a minimum the braking equipment, safety reflectors, and either lights or a vehicle acting as a support/chase vehicle if being driven upon a public right-of-way. In addition, the operator shall ensure that a means of addressing animal waste is included in the letter of application. Finally, a proposed route shall be established in cooperation with the chief of police, the event organizers, and the owner/operator of the animal and carriage. (Ord. 575 § 2(E), 2010)
5.35.060 Route requirements.
When approving a license, the chief of police shall consider the proposed route(s) of operations for any license and work with the applicant to reduce the potential for safety concerns, vehicular delays, adverse vehicular interactions with the carriage, cart, or other such conveyance, and utilization of roadways where insufficient road width exists for safe travel of the horse drawn carriage, cart or other such conveyance and automobiles. The applicant will be required to make reasonable alterations to their route when requested by the chief in the application review process. Any proposed change associated with safety must be accepted by the applicant. However, nothing within the license requirements associated with a designated route shall override the ability of the owner, and/or operator if applicable, to deviate from said route in those situations where there is an immediate need to avoid harm to passengers, operators, and/or animals; or to address a reasonably perceived threat of harm to passengers, operators, and/or animals; or to address other emergencies that could result in or be reasonable perceived to harm passengers, operators, and/or animals. (Ord. 575 § 2(F), 2010)
5.35.070 Suspension or revocation of license and appeals thereof.
(1) The chief may summarily suspend the license of any operator of a horse drawn cart, carriage or other such conveyance permitted to operate within the city of Forks pursuant to this chapter prior to any hearing in the following situations:
(a) The chief has in writing determined that there is reasonable cause to believe that grounds for suspension are necessary to prevent a clear, substantial and imminent hazard to life, animal health, safety, or property; or
(b) The chief has reason to believe that the owner, and/or operator if applicable, does not possess a valid Washington State driver’s license; or
(c) The chief has reason to believe that the owner, and/or operator if applicable, has failed to maintain their insurance coverage.
(2) Suspensions.
(a) In addition to the reasons for which a license may be summarily suspended, the chief may suspend any license issued pursuant to this chapter:
(i) For four or more violations by the owner, and/or operator, of FMC 9.05.030(4) within a 24-month period. In such a situation, the chief may suspend the license up to 60 days.
(ii) If, in the course of operations, the owner, and/or operator, is witnessed by a law enforcement officer as being engaged in activities that are potentially dangerous to passengers, the operator, and/or the horse being utilized. Such suspensions may be for a period no longer than 48 hours and are to be aimed at ensuring the correction of the behavior witnessed.
(iii) If, in the course of operations, the carriage, cart, or other such conveyance is found to have mechanical problems amounting to either a real or reasonably potential safety concern.
(b) The chief shall suspend a license issued pursuant to this chapter in writing articulating the reason(s) for the suspension, or summary suspension, and the necessary remedial actions required to terminate the suspension. Notice of the suspension shall be delivered either in person or by first class mail to the mailing address of the licensee. A summary suspension may take immediate effect upon a verbal notice; provided, that written notice is provided within 12 hours of the verbal notice.
(c) Summary suspensions shall take effect immediately upon the verbal notice and, if followed by a written notice within 12 hours of the verbal notice, shall remain in effect until the period associated with the suspension or conclusion of a hearing appealing the suspension with a finding in favor of the licensee. If the summary suspension was associated with a specific safety and/or mechanical issue or concern, and the licensee has demonstrated with satisfactory evidence to the chief that the specific safety and/or mechanical issue or concern has been cured or addressed, the chief may terminate the summary suspension at that time.
(d) Suspensions not timely appealed shall be final. Suspensions shall be effective upon the date of any notice of suspension if not appealed, or upon the date an order on appeal affirms such a notice. Suspensions shall be for the period found within the notice or order; however, if the suspension was issued in association with specific safety, licensing, or administrative issues that could be cured by the licensee, and are subsequently cured by the licensee, the chief may reduce or terminate the suspension period. Except in the case of summary suspensions, whenever a timely appeal is filed by the licensee pursuant to this chapter, a licensee may continue to operate pursuant to this chapter pending a final decision on appeal.
(3) Revocations.
(a) The chief may revoke any license issued under this chapter if the chief determines in writing that:
(i) The application for the license contained a material misstatement or omission of fact;
(ii) The licensed owner, and/or operator if applicable, has a conviction, bail forfeiture or other adverse finding of animal cruelty under the laws of any state or governmental subdivision thereof;
(iii) The licensed owner, and/or operator if applicable, has had four or more convictions, bail forfeiture or other adverse finding for a violation of FMC 9.05.030(4) within a 24-month period;
(iv) The licensed owner, and/or operator if applicable, has had their license suspended pursuant to this chapter for failure to comply with licensing requirements, safety concerns, or animal-related safety concerns and has continued to operate during that suspension period; or has returned to operations following the suspension period and has failed to address the identified issues that resulted in the suspension;
(v) The licensed owner, and/or operator if applicable, has had their Washington State driver’s license suspended or revoked;
(vi) The licensed owner, and/or operator if applicable, has had a bail forfeiture, conviction, or other adverse finding for a crime that would include but not be limited to a crime involving driving or vehicular safety in association with alcohol and/or narcotics, reckless endangerment, fraud, theft, or other felonious behavior.
(b) The chief shall revoke a license by giving written notice to the licensee that articulates the reason for the revocation and the effective date of the revocation. Such notice shall be delivered either personally or by first class mail to the licensee at the address provided by the licensee on the license application or any subsequent updates and/or modifications.
(c) Revocations not timely appealed shall be final. Revocations shall be effective upon the effective date contained within any notice of revocation if not appealed, or upon the date an order on appeal affirms such a notice. Whenever a timely appeal is filed by the licensee pursuant to this chapter, a licensee may continue to operate pursuant to this chapter pending a final decision on appeal.
(4) Appeal Process Associated with Suspensions or Revocations.
(a) Any notice of a denial of a license, violation, suspension or revocation shall include a statement that the licensee, owner, and/or operator is entitled to a hearing upon their making a written request for such a hearing to the chief within 10 days of the date of the notice. The hearing will be conducted by the mayor’s designee and shall be conducted as soon as possible and not more than 14 days from the date of the notice.
(b) The hearing shall be administrative in nature and may be conducted in an informal setting. The purpose of the hearing is to allow the recipient of the notice the opportunity to respond and provide information to refute or mitigate the alleged violation(s) articulated in the written notice.
(c) Within 10 days of the hearing, the mayor’s designee shall issue a written decision including the factual findings and basis that supports their decision. The decision will include their conclusion, supporting reasons for that conclusion and may affirm, modify or reverse the notice. The licensee, owner, and/or operator will be mailed a copy of the hearing decision via first class mail to the address provided in the associated application or in any subsequent updated materials. Any decision not appealed in the time and manner discussed below shall be final.
(d) The licensee, owner and/or operator may seek a closed record appeal of the decision by filing an appeal with the clerk of the city asking that the closed record appeal take place before Forks city council. Such a request must be received within 15 days after the date of the decision. No additional fact finding (submission of additional information, calling of witnesses, etc.) may take place at this closed record appeal and the parties to the appeal will be limited to an equal amount of time to explain their position on appeal to the council. Said council may affirm, modify, or reverse the decision and any decision by the council shall be final. (Ord. 589 §§ 3, 4, 2011; Ord. 575 § 2(G), 2010)
5.35.080 Denial of a license.
(1) The chief shall deny a license application if it is determined that:
(a) The application submitted is incomplete with regard to required information, associated fees, or inadequate in the information provided;
(b) The application contains a material misstatement or omission of fact;
(c) The applicant has received a prior suspension of a license and the time for suspension has not expired, or the reason for the suspension has not been cured;
(d) The applicant had a prior license issued under this chapter that was revoked and not reinstated;
(e) The applicant had within a two-year period prior to applying for a license a bail forfeiture, conviction or adverse finding for a crime involving a horse drawn carriage, cart, or other conveyance, animal cruelty, or criminal traffic offense associated with a mandatory suspension of the applicant’s driver’s license.
(2) The chief may deny a license application if it is determined that:
(a) Within the past two years prior to applying for a license, the applicant has engaged or exhibited past driving or operating a horse drawn carriage, cart, or other conveyance which would lead the chief to reasonably conclude that the applicant will not comply, comport and/or conduct their activities with the requirements found within this chapter;
(b) Within one year prior to applying for a license, the applicant operated a horse drawn carriage business without the required licenses established within this chapter, and did so after receiving notice to correct that deficiency and continued to operate in spite of such notice;
(c) Within three years prior to applying for a license, the applicant has had a bail forfeiture, conviction or other adverse finding for a crime that would jeopardize the safety of a passenger or the public, including but not limited to a crime involving driving or vehicular safety in association with alcohol and/or narcotics, reckless endangerment, fraud, theft, or other felonious behavior.
(3) Notice of a denial of a license shall be done in writing indicating the reason for the denial and any period of time in which the applicant is permitted to attempt to cure the problems identified in the denial. After the expiration of that cure period, the denial shall be final unless the applicant appeals that determination in the manner described above with regard to suspensions and revocations. The appeal of a denial must be filed within 10 days of the expiration of the cure period found within the notice of denial. As noted elsewhere, if the applicant resubmits their application within 30 days of the date of the denial, the applicant need not resubmit the application fee. (Ord. 575 § 2(H), 2010)