Big Bear Lake Municipal Code Ch. 5.91 Permit to Operate Horse-Drawn Vehicles

The following words and phrases when used in this chapter shall have the meanings set forth in this section:

A. "Applicant" means the individual or the owner of the firm or corporation requesting an operating permit.

B. "Horse-drawn vehicle" means any wagon, coach, stagecoach, carriage, omnibus, or any other vehicle which is powered in whole or in part by a horse, mule, or other animal. These vehicles do not include horse-drawn sleighs.

C. "Operator" means any person, including an owner, who controls or operates a horse-drawn vehicle.

D. "Owner" means any person who has proprietary use, ownership, or control of any horse-drawn vehicle.

E. "Person" includes any person, firm or corporation.

F. "Stand" means an approved location or site where an owner or operator may park horse-drawn vehicles while waiting for passengers.

(Ord. 91-204 § 1(part), 1991)

It shall be unlawful to have a business which operates horse-drawn vehicles originating within the city without an operating permit issued pursuant to the provisions of this chapter.

(Ord. 91-204 § 1(part), 1991)

The application for an operating permit shall be in writing, and shall be filed with the community director. Each application shall contain the following information:

A. The name and address of the applicant;

B. The names and addresses of all directors and officers, if the applicant is a corporation;

C. The number of vehicles owned by the applicant on the date of the application;

D. The number of vehicles for which permission to operate in the city is desired;

E. A description of the vehicle(s) including, but not limited to, the proposed passenger seating capacity and a statement of the condition of the vehicle(s) desired to be operated within the city;

F. A list of all operators and their qualifications;

G. A description of the proposed color scheme, insignia, trade style, and/or other distinguishing characteristics of the horse-drawn vehicles(s);

H. A proposed route designation, if any;

I. A proposed plan designating the site for stabling the horses, and if such stabling is to take place within the city, a plot plan application if required under Title 17 of this code;

J. A proposed plan for stand site(s), as set forth in Section 5.91.120, including the number of vehicles that will use each stand and the written consent of the private property owner where the stand(s) will be located and, if the ground floor fronting the space is leased, the consent of the ground floor lessee;

K. An application for a business license for the operating permit as set forth in Chapter 5.02;

L. Consent to a driving record check with the California Department of Motor Vehicles; and

M. Such additional information as may be required to determine whether the applicant's business operation will be in accordance with this chapter.

(Ord. 2002-329 § 1(2)(i), 2002; Ord. 91-204 § 1(part), 1991)

The community development director shall determine whether the application is complete and shall forward a copy of the materials to the sheriff's department and the public works department.

(Ord. 91-204 § 1(part), 1991)

The applicant shall pay a business license fee upon permit issuance. The business license fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.

(Ord. 2002-329 § 1(2)(ii), 2002: Ord. 91-204 § 1(part), 1991)

On each anniversary of the permit issuance, an annual business license fee as set by the city council shall be due and payable to the city.

(Ord. 91-204 § 1(part), 1991)

If the carriage business is conducted from a building or if the stand is directly connected to an enclosed use, the applicant shall also obtain applicable permits for the use of the building pursuant to Title 15.

(Ord. 91-204 § 1(part), 1991)

Upon receipt of an application for an operating permit, the chief law enforcement official and the public works director shall review the proposed route designation, if any, and the proposed stand site(s) to determine whether the route and the stand(s) will cause traffic congestion, endanger pedestrians and prospective passengers, or negatively affect the safety, welfare, comfort and convenience of the citizens of the city. If the official and the public works director determine that the proposed route and stand(s) adequately protect the health and safety of passengers, vehicles and pedestrians, the official and the public works director shall recommend approval of the application and forward their recommendations to the community development director.

(Ord. 91-204 § 1(part), 1991)

Upon receipt of the recommendations from the sheriff's department and the public works department, the community development director shall review the application and shall forward a recommendation to approve or to conditionally approve the application to the city council if the director determines that:

A. The applicant qualifies for the issuance of a business permit;

B. The sheriff's department and the public works department have recommended approval of the application;

C. The proposed route and stand(s) will not cause traffic congestion, endanger pedestrians or prospective passengers, and will not negatively affect the safety, welfare, comfort and convenience of the citizens of the city; and

D. The application contains adequate provisions for the stabling of horses, including a plot plan application if required under Title 17.

(Ord. 91-204 § 1(part), 1991)

The city council may approve an operating permit or approve the permit with conditions if it finds as follows:

A. The use of the permit will not be detrimental to the public health, safety, or general welfare, and will be in harmony with the various elements and objectives of the city's general plan;

B. The proposed route, if any, and stand(s) will not cause traffic congestion, endanger pedestrians, passengers, or prospective passengers, and will not negatively affect the safety, welfare, comfort and convenience of the citizens of the city;

C. The application contains adequate provisions for the stabling of horses, and the city has approved any building permit required under Title 15 and any plot plan required under Title 17.

(Ord. 91-204 § 1(part), 1991)

In approving an operating permit, the city council may impose such reasonable conditions as are deemed necessary and desirable to protect the public health, safety, and general welfare of the city. These conditions may include a limitation on the term of the operating permit or a provision for periodic review of the permit for compliance with conditions of approval.

(Ord. 91-204 § 1(part), 1991)

A. Use of Private Property Stands. Owners and operators shall use only those stands approved as part of the operating permit.

B. Location of Stands. Stands located on private property shall be located as identified in the approved operating permit.

C. Consent of Tenants or Property Owners. In the event that the property owner or tenant of a space fronting a stand located on their private property alters or revokes his or her consent to a stand location, the owner shall notify the director of community development of this change in status. This change in status may trigger a modification, suspension or revocation of the operating permit pursuant to Sections 5.91.190 and 5.91.200 of this chapter.

D. Modification of Stand Area. No redesignation of the stand site nor any sale of material from such area shall be permitted without prior approval of the community development department.

E. Maintenance. The stand site shall be maintained so that no urine, manure, hay or other debris is present. The owners and operators shall control the dust in the stand area. A trash receptacle shall be placed and maintained at the stand sites and emptied regularly.

(Ord. 91-204 § 1(part), 1991; Ord. No. 2016-448, § 1, 6-13-2016)

A. Use of Public Property Stands. Upon application by an applicant, the city council may approve a nonexclusive encroachment permit to locate a horse drawn vehicle for hire stand by the applicant on specified city property.

B. Consent. Before an applicant applies for an encroachment permit, the applicant must obtain written consent thereto from the owner of the property and the tenant of the ground floor fronting space where such stand is to be located. In the event that the property owner or tenant of a space fronting a stand alters or revokes his or her consent to a stand location, the owner shall notify the director of community development of this change in status. This change in status may trigger a modification, suspension or revocation of the encroachment permit, operating permit pursuant to Sections 5.91.190 and 5.91.200 of this chapter.

C. Authorization for Use of Public Property Stands. In approving a nonexclusive encroachment permit, the city council may designate stands for specific horse drawn vehicles for hire and shall state which vehicles and which owners are entitled to use those stands. It is unlawful for the owner or operator of any other vehicle for hire, other than the encroachment permittee, to use a stand designated specifically for use by such encroachment permittee, unless the city council approves such use by an operator other than the permittee.

D. Modification of Stand Area. No redesignation of the stand site nor any sale of material from such area shall be permitted without approval of the city council.

E. Maintenance. The stand site shall be maintained so that no urine, manure, hay or other debris is present. The owners and operators shall control the dust in the stand area. A trash receptacle shall be provided and maintained by the operator at the stand site at all times that the stand is in operation.

(Ord. No. 2016-448, § 2, 6-13-2016)

A. Receipts. Every operator of a horse-drawn vehicle shall, upon request, give a correct receipt upon the payment of the correct fare.

B. Refusal to Pay Fare. It is unlawful for any person to refuse to pay the lawful fare of a horse-drawn vehicle regulated by this chapter after employing or hiring such vehicle. Any person so refusing shall be guilty of a misdemeanor.

C. Number of Passengers. No operator of any horse-drawn vehicle shall accept or transport any number of passengers in excess of the seating capacity of such vehicle as indicated in the operating permit.

D. Found Property. Property of value left in any vehicle shall be reported by the operator or owner of the vehicle to the chief law enforcement official.

E. Maintenance. All operators shall regularly maintain and clean all horse-drawn vehicles. The vehicles shall contain a trash receptacle at all times during operation.

F. Identification on Vehicles. All vehicles shall display the city operating permit so that it is visible at all times. All vehicles shall be equipped with slow moving vehicle insignia on the rear and shall have front, side and rear illumination.

G. Sign Restrictions. The owner shall submit a sign review application to the community development department prior to placing any sign or banner on a horse-drawn vehicle or at any stand. Signs which are permanently painted on the horse-drawn vehicles and which only identify the name of the owner or operator are excluded from this provision.

H. Unattended Vehicles Prohibited. No horse-drawn vehicle shall be left unattended at any time.

(Ord. 91-204 § 1(part), 1991)

A. Obedience to Safety Officers. The operator of any horse-drawn vehicle regulated by this chapter shall promptly obey all orders or instructions of any law enforcement officer, code enforcement officer, or firefighter.

B. Subject to Highway Regulations. The owner shall abide by all California Highway Patrol regulations including, but not limited to, the installation, maintenance, and operation of brake lights.

C. Weekly Inspection and Maintenance. The owner shall submit to the sheriff's department traffic unit weekly inspection reports of brakes, suspension and connecting apparatus between horse and carriage (or coach, or wagon).

(Ord. 91-204 § 1(part), 1991)

A. Care of Animals. The owner and operator of any horse-drawn vehicle shall maintain, service, examine and operate the vehicle to ensure that the animal shall not be injured, overworked or caused to become ill. The owner and operator shall not utilize an animal found ill. The owner and operator are subject to the requirements of the California Penal Code, specifically Sections 597, 597a, and 597f.

B. Prohibiting Deposits on Public Right-of-way. Operators of horse-drawn vehicles shall use equipment or devices to prohibit urine or manure from being deposited or left upon any street, highway or thoroughfare.

(Ord. 91-204 § 1(part), 1991)

No horse-drawn vehicles shall travel on metal, wooden or plastic runners as are commonly used as sleighs, except where such travel is on other than city paved streets. Horse-drawn vehicles shall not be operated or stationed on streets during snow plow operations.

(Ord. 91-204 § 1(part), 1991)

Before any permit is issued, the owner shall file certificates of insurance with the city clerk and thereafter keep in full force and effect policies of insurance which are executed by an insurance company. The insurance policies shall cover the following:

A. Commercial General Liability Insurance. The owner or operator shall maintain in full force and effect occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than one million dollars per occurrence. If such insurance contains a general aggregate limit, it shall be no less than two times the occurrence limit.

B. Business Automobile Liability Insurance. The owner or operator shall maintain in full force and effect for each vehicle business automobile liability insurance or equivalent form with a combined single limit of not less than one million dollars per occurrence. Such insurance shall include coverage for owned, hired and nonowned vehicles.

C. General Requirements. All such policies shall name the city as additional insured and shall contain a provision for continuing liability up to the full amount of coverage, notwithstanding any recovery and that the city shall be held harmless for all claims, demands and actions of any type whatever occasioned by the operation of the permittee, and shall further contain a provision or endorsement providing that such policy will not be canceled until a notice, in writing, is supplied to the city, addressed in care of the city clerk, City Hall, Big Bear Lake, California, at least thirty days immediately prior to the time such cancellation shall become effective.

(Ord. 91-204 § 1(part), 1991)

A. Term. Unless the city council otherwise limits the term of a permit pursuant to Section 5.91.110, every operating permit issued pursuant to the provisions of this chapter shall be for a period of one year, subject to renewal upon renewal of the annual business license in accordance with the then prevailing schedule of such fee. Operating permits are subject to modification, suspension or revocation in the manner prescribed in this chapter. The permit will commence upon approval of the city council.

B. Expiration and Renewal. Where the city council fixes a term for expiration of a permit, an applicant shall apply for a new permit thirty days prior to expiration of the existing operating permit. The existing operating permit shall remain in effect until the city council either approves or denies the application for the new permit. Permit holders shall immediately notify the community development director in writing of any change or occurrence which affects the status of the permit.

(Ord. 91-204 § 1(part), 1991)

A. Major Modifications. Major modifications to operating permits shall be heard by the city council.

B. Minor Modifications. The community development director is empowered to hear and approve applications to change stand locations, change routes, and other nonsubstantive and minor modifications to permit conditions when such modifications are in keeping with the general intent of the city council's issuance of the permit.

(Ord. 91-204 § 1(part), 1991)

A. The community development director may suspend or revoke an operating permit, if he or she finds that:

1. The operation taking place pursuant to the permit is being conducted in a manner which is detrimental to the public health, safety, or general welfare of the city or constitutes a public nuisance;

2. The applicant acquired the permit by making or causing to be made factual misrepresentations, material nondisclosures, or false or misleading statements in the application for an operating permit or in any statement or representation to the community development department;

3. The applicant has failed to comply with any condition of the permit;

4. The operation taking place pursuant to the permit is contributing to illegal activities or to substantially increased police activity in the vicinity;

5. The operation permitted has terminated or has been suspended for at least six months; or

6. The applicant/owner has failed to pay damages arising from the operation of a horse-drawn vehicle.

B. The community development director, on his or her motion may, and upon the direction of the city council shall, hold a hearing upon the question of the suspension or revocation of an operating permit granted under, or pursuant to, the provisions of this chapter.

C. No suspension or revocation shall be ordered until the community development director has served or caused to be served upon the permittee a notice specifying the grounds for the proposed suspension or revocation and fixing a time, date and place at which the community development director shall hear and determine the factual basis for the grounds of the proposed suspension or revocation, which time and date shall not be less than three days from the date of the service of the notice. At the hearing, the permittee shall have the opportunity to be heard and to make his or her defense against any complaints and allegations made as to the activities authorized under this chapter.

(Ord. 91-204 § 1(part), 1991)

A. Upon determining whether to suspend or revoke a permit granted pursuant to this chapter, the community development director shall notify the permittee in writing of his or her action and shall give the reasons for the suspension or revocation.

B. Decisions of the community development director to modify, suspend or revoke a permit may be appealed to the city council within fifteen days of the director's mailing of the written notification.

(Ord. 91-204 § 1(part), 1991)

Any permit to operate a horse-drawn vehicle issued as a solicitor's license under Chapter 5.64 or a certificate of public convenience and necessity under Chapter 5.90 prior to the adoption of this chapter shall remain in effect for the life of that permit, until replaced by a permit issued pursuant to this chapter, or until revoked by the community development director or city council.

(Ord. 91-204 § 1(part), 1991)

A violation of this chapter is a misdemeanor, punishable by imprisonment in the county jail for a period of six months, a fine of one thousand dollars, or by both.

(Ord. 91-204 § 1(part), 1991)