Nevada City Municipal Code Ch. 10.50 Horse-Drawn Vehicles and Carriages

The purpose of this chapter is to regulate the commercial operation of horse-drawn vehicles in the city, in order to insure that horse-drawn vehicles are operated safely, to protect the public health, safety and welfare, to help preserve, recapture and maintain the historic ambience of the area and to provide for only one (1) provider of horse-drawn carriage service in Nevada City.

(Ord. 97-03 § 1 (part), 1997)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Agents" means city officers, employees or affiliates.

"Chief of police" means the chief of police of the city of Nevada City or his designee.

"For hire" means any use of a horse-drawn vehicle for which any consideration is paid by any person.

"Horse-drawn vehicle" means and includes any wagon, coach, omnibus, or any vehicle which is powered in whole or in part by a horse, mule, or other animal.

(Ord. 97-03 § 1 (part), 1997)

It is unlawful to operate or cause to be operated a horse-drawn vehicle for hire within the city unless the operating permit required by this chapter shall have first been obtained. The permit required by this section shall be in addition to a business license fee and the fee that is charged for the privilege of using the city's streets.

(Ord. 97-03 § 1 (part), 1997)

The permit requirements of this chapter shall not apply to the use of a horse-drawn vehicle for special events, such as a parade, wedding or funeral, provided that during the special event rides in the vehicle are not being offered to the general public.

(Ord. 97-03 § 1 (part), 1997)

A. An application for the operating permit required by this chapter shall be made to the chief on forms to be provided by the city. Such application shall include:

1. Each application must be accompanied by a fee in an amount established by resolution of the city council from time to time. This fee shall cover the city's cost in processing the application and making sure that the applicant meets the requirements of this chapter;

2. The name and business address of the applicant;

3. A description of the vehicles to be operated under the permit including manufactured date; owner shall provide evidence that the vehicle is in safe condition to operate without endangering the public;

4. Identification and photographs of the animals which will pull the vehicles;

5. An agreement to have a veterinary examination of the work animals to assure soundness of health condition prior to the issuance of the operating permit;

6. Written certification signed by the applicant that the animals that will be pulling the vehicles have been adequately trained to pull safely fully loaded vehicles of the type used. Said certification shall contain a description of the training received by each horse;

7. An agreement to provide insurance in the amounts specified in Section 5.42.060 which shall include a hold-harmless clause in the behalf of the city and any of its agents;

8. Written certification signed by the applicant that persons who will be driving the vehicles are properly trained and capable of operating the vehicles in a manner which will assure the safety of the animals, the passengers and others on the streets and that the drivers comply with the requirements adopted by the Carriage Operators of North America. Said certification shall contain a description of the training received by each driver;

9. Names, addresses and proper identification of authorized drivers;

10. Such additional information bearing on the proposed operation as the chief may require.

B. A new application fee shall be charged whenever a new animal, driver or carriage is used by the operator.

C. The application shall be processed by the Nevada City police department.

(Ord. 97-03 § 1 (part), 1997)

No operator's permit shall be issued, and no operator's permit shall be valid, unless the permittee has and maintains in full force and effect at the permittee's own cost and expense the following insurance coverage:

A. Worker's compensation insurance coverage as required by California statutes. In the event the operator is self-insured, he shall furnish a certificate of permission to self-insure by the Department of Industrial Relations Administration of Self-Insurance, Sacramento and evidence of at least one million dollars ($1,000,000.00) per occurrence excess worker's compensation limit combined with the self-insurance retention.

B. Comprehensive general liability insurance, broad form property damage liability and personal injury liability. The amount of the policy shall be no less than one million dollars ($1,000,000.00) single limit per occurrence, issued by an admitted insurer or insurers as defined by the California Insurance Code, providing that the city, 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 city 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 time the operating permit is in effect, without thirty (30) days' written notice to the city prior to the effective date of such cancellation or change in coverage. The permittee shall have the city's standard certificate of insurance completed and filed with the city clerk prior to issuance of any permit and prior to engaging in any operation or activity authorized by the permit.

(Ord. 97-03 § 1 (part), 1997)

Any person to whom an operating permit is issued shall assume the defense of, and indemnify and hold harmless the city, 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 or resulting from, directly or indirectly, in whole or in part, the permittee's agents, officers or employees, directly or indirectly arising from the activity authorized by such permit.

(Ord. 97-03 § 1 (part), 1997)

All permits issued hereunder shall expire one (1) year following the date of issuance and shall be renewed annually. A nonrefundable renewal application fee for each permit shall be set by resolution of the city council. Any ground which would be grounds for denying an initial permit shall be grounds for denying a permit renewal.

(Ord. 97-03 § 1 (part), 1997)

A. An operating permit issued hereunder may be suspended immediately whenever the city receives a written opinion from a duly licensed equine 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 vehicle would pose a threat to the animal, to the passengers, to members of the public, or whenever an operator fails to permit examination of an animal used by him by a city-selected equine veterinarian upon twenty-four (24) hours' notice.

Further, the chief of police or his designee may suspend immediately any driver, carriage or horse whenever it appears that the carriage driver is unable to safely operate the carriage, the horse is unable to safely pull the carriage or the carriage is in such a condition that it is unable to be operated safely. Upon request of the operator, a hearing shall be held before the chief within three (3) working days after the notice of the suspension at which time the chief shall determine whether the grounds for the suspension existed and whether such suspension should be continued. The operator may appeal the decision of the chief to the city council by filing a notice of appeal, accompanied by an appeal fee in an amount set by resolution of the city council, within ten (10) days after the date of the chief's decision. The notice of appeal shall state generally the grounds of appeal.

B. Any permit issued hereunder may be suspended or revoked when it shall appear to the chief 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 conditions imposed upon the permit, or that there exists any of the grounds which would have been grounds for denial of the permit application. No permit shall be revoked or suspended until a hearing has been held by the chief (except as set forth in subsection A above).

C. Written notice of the time and place of the hearing before the chief shall be given at least five (5) days prior to the date set for such hearing to the person to whom the permit was granted and to any other person requesting prior notice in writing at least ten (10) days prior to the hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either 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. (Ord. 97-03 § 1 (part), 1997)

The corporate city limits of Nevada City.

(Ord. 97-03 § 1 (part), 1997)

Where not otherwise stated in this chapter, all rules and regulations of the Carriage Operators of North America (CONA) as adopted March 1, 1991 and subsequently amended, shall govern the operation of all horse-drawn vehicles in Nevada City, and shall be considered binding upon the carriage operator and carriage company owner. (CONA rules and regulations are attached to the ordinance codified in this chapter as Exhibit A.) When rules and regulations of this chapter are in conflict with Exhibit A, this chapter shall prevail.

The carriages used shall be similar to horse-drawn carriages used during the late 19th and early 20th century in the Mother Lode area.

(Ord. 97-03 § 1 (part), 1997)

The operator shall comply with those rules of operation as drafted by the Carriage Operators of North America pertaining to the care and treatment of such animals as noted in Section 5.42.180 of this chapter. In addition, the operator shall comply with all other local and state laws pertaining to the care and treatment of horses for hire.

(Ord. 97-03 § 1 (part), 1997)

A. No horse shall be permitted to work within the city unless it has first been examined by an equine veterinarian within ninety (90) days prior to issuance of the operator permit. The equine veterinarian shall certify the fitness of the horse to perform such work. A description of the equine veterinarian's examination of the horse's general condition shall likewise be attached to this permit as a condition thereto. Each examination shall include an inspection of teeth, legs, hooves and shoes, and its cardiovascular fitness and attest to the animal's physical ability to perform work or the duties required of it. A record of any injury, disease or deficiency observed by the equine veterinarian at the time of his or her examination shall likewise be included in the report together with any prescription or humane correction of same. A health certificate for each horse to be used by the operator, signed by the examining equine veterinarian must be provided to the city as a precondition of the issuance of any operator's permit.

B. After the initial equine veterinarian examination such examination shall be then completed on an annual basis.

(Ord. 97-03 § 1 (part), 1997)

The carriage must meet all California Vehicle Code lighting requirements and must operate at all times with due regard to traffic and in compliance with the California Vehicle Code. Also, the carriage must contain all of the mandatory equipment required by the rules of operation adopted by the Carriage Operators of North America.

(Ord. 97-03 § 1 (part), 1997)

A. On weekdays before 6:00 p.m., there would be a maximum of two (2) carriages allowed to operate at any one (1) time.

B. On weekdays after 6:00 p.m., there would be maximum of three (3) carriages allowed to operate at any one (1) time.

C. On weekends, special events and holidays, there would be a maximum of five (5) carriages allowed to operate at any one (1) time.

D. The maximum number of carriages allowed may be increased or decreased by the chief of police if public safety will allow.

(Ord. 97-03 § 1 (part), 1997)

A. Operator must identify and show proof of authorization to park equipment other than the carriage at a particular off-street location if located within city limits.

B. The horse-drawn vehicle, when parked, must be legally parked at all times.

(Ord. 97-03 § 1 (part), 1997)

The city council may adopt a resolution(s) authorizing the parking of carriages in designated parking spaces consistent with other local regulations and state law pertaining to such parking. (Ord. 97-03 § 1 (part), 1997)

A. No horse-drawn vehicle shall be left unattended on public right-of-way at any time.

B. Tickets shall be sold only on the vehicles themselves. Ticket prices for rides offered shall be communicated to potential patrons before boarding the vehicle.

C. All horses or other animals used to draw vehicles for hire in the city shall be subject to examination by an equine veterinarian or other qualified person of city's choice at any time. Such examination shall be conducted at a mutually agreed upon location. Failure to allow such examination shall be grounds for summary suspension of the operating permit pursuant to Section 10.50.030. If the city requests a nonscheduled veterinary examination, it shall be responsible for the cost of any such examination, unless the horse is found to have any ailment in which case the owner shall be responsible to pay for the exam.

D. No animal shall work for more than eight (8) hours per day or ten (10) hours with an hour and one-half (1 1/2) break, disconnected from the carriage in a twenty-four (24) hour period. All animals shall be rested and watered as needed. No animals shall work when the outdoor temperature/humidity exceeds CONA standards. The horse shall be covered with a blanket if the outdoor temperature drops to thirty-two (32) degrees Fahrenheit or lower.

E. A health passport/work log shall be kept on each animal used by the operator, containing the following information:

1. A photograph and description of the animal;

2. Dates of vaccinations, wormings and other health care procedures;

3. The dates and hours the animal works;

4. Any other information which the city determines is reasonably necessary to insure proper care of the animal.

One (1) copy of the health passport/work log shall be kept with the animal at all times. Each operator shall provide a copy of the health passport/work log for every animal used in his or her operation when requested by the chief of police.

F. Each operator of a horse-drawn vehicle shall install and properly maintain an effective device to catch feces before it falls to the ground and shall ensure that any feces or other waste deposited on the public right-of-way or any private property within the city is cleaned up immediately after each shift. Urine shall be promptly diluted with water or water with disinfectant as it occurs. In the event an operator fails to complete clean up, the city may do so and bill operator for all costs incurred by city for the clean up. Failure to pay a billing for this service within thirty (30) days after date of mailing shall constitute grounds for suspension of the operator's permit.

(Ord. 97-03 § 1 (part), 1997)

There shall only be one (1) provider of horse-drawn carriage service in the city of Nevada City and in making this determination, the council makes the following findings:

A. The downtown area of the city of Nevada City is small in area and it is already impacted by much traffic and pedestrian activity.

B. The downtown area cannot financially support two (2) horse-drawn carriage companies.

C. Providing horse-drawn carriage service in the downtown area is important because it provides an atmosphere attractive to tourists and locals alike. The horse-drawn carriage service helps contribute to the financial success of other businesses in the downtown area.

D. The city of Nevada City has an interest in making sure that the horse-drawn carriage business providing service in the downtown area is financially successful. If the business is not financially successful, the owner is less likely to properly maintain his or her carriages and horses resulting in decreased safety to the public and the animals alike. Also, if the provider of horse-drawn carriage service is not able to make a reasonable profit, then no one will be able to provide reasonable horse-drawn carriage service in the downtown area.

E. The more companies that operate in the downtown area, the greater the number of carriages that are likely to be operated. When there is more than one (1) provider, each company has some incentive to operate as many carriages as possible in order to protect his or her territory. Also, it is evident that the different providers do not necessarily cooperate in providing the maximum usage of the scarce parking spaces available for horse-drawn carriages thereby resulting in a greater number of carriages having to double park or to orbit around the streets of Nevada City trying to find a parking space.

F. Carriages double parking and orbiting around the streets of Nevada City looking for a parking space result in additional traffic congestion in an area that is already seriously impacted.

G. The chief of police has indicated that having four (4) carriages operating at the same time in the downtown area is safe, but once there are more than four (4), you begin to push the envelope.

H. Having more than one (1) provider of horse-drawn carriages makes it much more difficult to regulate the number of carriages operating at any one (1) time.

I. Currently, there is only one (1) horse carriage space in front of the National Hotel available for horse-drawn carriage parking, and one (1) horse carriage space in front of Friar Tucks Restaurant which is available for horse-drawn carriage parking after 6:00 p.m.

(Ord. 97-03 § 1 (part), 1997)

Presently, there are two (2) parking spaces designated for use by the horse-drawn carriages. The horse-drawn carriage provider shall pay a fee to the city of Nevada City of one thousand dollars ($1,000.00) per year for the privilege of using such spaces. Said fee shall be paid in advance by January 5th of each year.

(Ord. 97-03 § 1 (part), 1997)

Whenever any act is prohibited by this chapter, or is made or declared to be unlawful, or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment as otherwise defined from time to time in California Penal Code Section 19; provided, nevertheless, that any such aforesaid violation or offense may be deemed an infraction as defined by Section 19C of the California Penal Code and charged as such in the discretion and at the election of the prosecuting attorney, in which event the punishment therefor shall not be imprisonment but a fine not to exceed the amounts specified by Government Code Section 36900 as then in effect.

(Ord. 97-03 § 1 (part), 1997)