Long Beach Municipal Code Ch. 5.47 Horse-Drawn Carriages

Unless it appears from the context that a different meaning is intended, the following words, as used in this Chapter, shall have the following meanings:

A. "City Manager" means the City Manager of the City of Long Beach, or his/her designated representative.

B. "Driver" means and includes every person who drives, operates, controls or is in charge of any "horse-drawn carriage" as defined by this Chapter.

C. "Horse-drawn carriage" means a device upon which any person may ride, propelled by horsepower, constructed in such a manner, and authorized pursuant to this Chapter, to engage in the business of carrying passengers for hire along a route of travel.

D. "Horse-drawn carriage permit" or "permit" means the permit issued by the Bureau of Commercial Services authorizing operation of a horse-drawn carriage pursuant to the provisions of this Chapter.

E. "Permittee" means any person to whom a horse-drawn carriage permit is issued pursuant to the provisions of this Chapter.

F. "Person" means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns or the agent of any of the aforesaid.

(Ord. C-7091 § 1 (part), 1993)

No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated by way of lease, contract, agreement permit, license or understanding, a horse-drawn carriage within the City without a permit first having been obtained as provided in this Chapter.

(Ord. C-7091 § 1 (part), 1993)

A. Any person desiring a permit to operate a horse-drawn carriage as provided by this Chapter shall file an application therefor with the Bureau of Commercial Services. Such application shall be verified by oath of the applicant, if applicant is a corporation, partnership, association or unincorporated company, and which application shall set forth the name and address of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers together with their respective addresses; or if a partnership, association or unincorporated company, then the names of the partners comprising the partnership, association or company, together with their respective ages and addresses. The application shall also state the trade name or style, if any, under which the applicant proposes to operate, full information pertaining to operations and the manner in which such proposed operations are to be conducted, the type, model, capacity and condition of the horse-drawn carriage proposed to be operated, and such other or additional information as the Bureau of Commercial Services or the City Manager may require.

B. The Bureau of Commercial Services shall, upon receipt of the application, make full and complete inquiry into the facts set forth therein and shall either grant or deny a permit upon the proposed terms, or upon terms other than those proposed. The permit shall be for a specified number of vehicles and horses which may be increased only by action of the Bureau of Commercial Services. Such permit may, at the pleasure of the Bureau of Commercial Services, be for a prescribed period; provided, that in either event, the permit shall contain a clause authorizing its revocation or suspension in accordance with the ordinances of the City either in effect at the date of granting the permit or thereafter adopted. When issued, the permit shall constitute evidence of compliance with the terms of this Chapter and shall authorize the permittee to operate a horse-drawn carriage under the conditions there specified; subject, however, to the requirements, obligations and limitations imposed by other applicable laws, ordinances, and orders of the City Council, and shall become effective when approved by all concerned departments.

(Ord. C-7091 § 1 (part), 1993)

No permit shall be granted under this Chapter until the Bureau of Commercial Services has notified the Chief of Police, the City Health Officer and the traffic engineer of the application and has received from each of them, in writing, their comments and recommendations on the application.

(Ord. C-7091 § 1 (part), 1993)

A. A nonrefundable application fee, to defray the cost of processing the application for a permit under this Chapter, shall be required to be paid by every applicant seeking such a permit.

B. Additionally, a permit fee shall be required to be paid by each applicant whose application for a permit has been granted pursuant to the provisions of this Chapter, to defray a proportionate share of the costs of administering this permit.

C. The Bureau of Commercial Services is authorized to establish the initial amount of the application and permit fees which amount shall not exceed the actual cost of processing the application and administering the permit. Subsequently, such fees shall be ratified and set by resolution of the City Council.

(Ord. C-7091 § 1 (part), 1993)

A. A business license shall be obtained and the fee therefor shall be paid as prescribed by the business license provision of this Code by every person to whom a horse-drawn carriage permit has been granted pursuant to this Chapter.

B. No permittee under this Chapter shall operate or permit operation of any horse-drawn carriage in violation of this Chapter or of the permit issued pursuant to this Chapter.

C. No person granted a permit under this Chapter shall conduct any operation or give any service other than the service authorized by the permit granted in accordance with the provisions of this Chapter.

(Ord. C-7091 § 1 (part), 1993)

Every horse-drawn carriage operated pursuant to these provisions shall have displayed thereon its permit/decal in the manner and form as may be prescribed by the Bureau of Commercial Services.

(Ord. C-7091 § 1 (part), 1993)

Every person conducting the business of horse-drawn carriages in the City and any person driving such a carriage for such a business shall comply with each and all of the following provisions and restrictions:

A. There should be no operation along any street which has a speed limit over thirty (30) miles per hour unless such operation has prior written approval by the City's Traffic Engineer. Crossing of such streets must be only at a signalized intersection, and then only when it can be safely accomplished within the timing parameters which exist, or within an alternative timing pattern which can be implemented with no adverse effects on the general public's safety or mobility. The carriage must have sufficient steel in it to cause it to actuate traffic signal detector loops.

B. There should be no operation along any street which is configured so as to force motor vehicles to cross a centerline or make any other unsafe maneuver in order to get around a slow-moving carriage.

C. Horse and carriage standing areas (while awaiting a fare) must be in a location which does not impede free flow of motor vehicles and/or access to designated parking stalls as approved by the City as a part of the permit application process.

D. When operating on a multilane highway, carriage shall keep to the right as far as possible except when preparing for a left turn.

E. Carriage shall not operate in any other manner not specifically addressed herein which is judged by the City Traffic Engineer to be unduly hazardous or congestive in its effects. The City Traffic Engineer reserves the right to impose upon a carriage operator at any time any specific restrictions deemed necessary in the interest of public safety or welfare.

F. Carriage shall observe specifically prescribed nonoperating hours in specific zones or on specific streets.

G. Horse drop off location and storage/housing facilities, including parking for hauling vehicles and horse trailers, as well as all proposed routes and hours of operation, must be approved by the City as a part of the permit application process.

H. Carriages/animals shall be fitted to be able to immediately remove any and all horse droppings from the streets or public rights-of-way or to prevent such droppings on the streets and public rights-of way.

I. All horses used in the business shall be, at all times, treated in a humane manner.

J. Regular service shall not be scheduled during hours of three-thirty o'clock (3:30) p.m. to six o'clock (6:00) p.m. on nonholiday weekdays.

K. Special charter trips may travel for a maximum of two (2) blocks during the aforementioned restricted hours if necessary to reach a specific destination. The City Traffic Engineer reserves the right to alter or eliminate this exception if it proves to create severe congestion or safety problems.

L. Carriages shall, to the extent possible, make right turn movements onto any street if at a point of entry which is controlled by a stop sign. Crossing movements and left turns should generally be made at signalized intersections.

M. Warning taillights shall be mounted at the rear of the carriage and shall be operated in a flashing mode continuously while the carriage is in traffic and shall conform to all applicable requirements of the California Vehicle Code. All carriages shall be fitted with reflective decals on both shafts of the carriage at the shoulder of the horse.

N. The seasonal daytime closure of any street shall apply to carriages as well as to motor vehicles.

O. Vehicles must be safe and sanitary, and all carriages shall be fitted with a hydraulic breaking system.

(Ord. C-7091 § 1 (part), 1993)

At all times permittee shall defend, indemnify, and hold harmless the City, its officials, employees, and agents from and against all claims, demands, damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable attorney fees) of any kind (collectively in this Section, "claim") alleging injury to or death of persons or damage to property and that such injury, death or damage arises from or is attributable to or caused by any of the operations of permittee. Permittee shall notify the City of any claim within ten (10) days.

Permittee shall procure and maintain, at its cost, during the term of the permit and any renewals thereof, insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

(Ord. C-7934 § 5, 2004: Ord. C-7091 § 1 (part), 1993)

Any person who violates any of the provisions of this Chapter, or of any permit issued under this Chapter, shall be guilty of a misdemeanor.

(Ord. C-7091 § 1 (part), 1993)

A. No person under the age of eighteen (18) years shall drive a horse-drawn carriage.

B. No person shall operate a horse-drawn carriage while under the influence of alcoholic beverages or drugs.

C. No person shall operate a horse-drawn carriage in any manner which impedes or blocks the normal or reasonable movement of pedestrian or vehicular traffic unless such operation is necessary for safe operation or in compliance with law.

D. Every person operating a horse-drawn carriage shall be subject to all applicable laws, rules and regulations of this Code and the Vehicle Code of the State of California.

E. No person shall operate a horse-drawn carriage over any route not designated in the permit for the operation of such horse-drawn carriage.

F. Whenever a horse-drawn carriage is not available for hire, said horse-drawn carriage shall be stored at a place and in a manner as approved by the City.

G. Notwithstanding any other provisions of this Chapter 5.47, no horse and carriage business shall be permitted to operate on or in any area of the City under the jurisdiction of the Department of Parks, Recreation and Marine unless a fully executed agreement exists between the business and the department, and when and if such agreement exists, no permit pursuant to the provisions of this Chapter shall be required for any activities taking place within parks pursuant to that agreement.

(Ord. C-7091 § 1 (part), 1993)