Sacramento Municipal Code Ch. 10.64 Horse-Drawn Vehicles

The purpose of this chapter is to regulate the 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, and, in Old Sacramento, to help preserve, recapture and maintain the historic ambience of the area. (Prior code § 25.12.250)

Additional regulation of horse-drawn vehicle operations in Old Sacramento and throughout the city is necessary. Experience with the operation of horse-drawn vehicles in Old Sacramento has raised several concerns requiring legislative action:

A. Operators/drivers sometimes do not inform patrons in advance and clearly of the route, length and price of the ride being offered.

B. Prospective patrons do not have an adequate opportunity to compare the price and quality of offerings by different operators before selecting a vehicle to board.

C. Operation of too many horse-drawn vehicles at once in the three-square block area of Old Sacramento causes confusion, obstruction of motor vehicle traffic on the public streets and increased risks for pedestrians.

D. Animals used to draw vehicles may be adversely affected by hot summer days, lack of adequate watering and other working conditions. (Prior code § 25.12.250-1)

"Director" means the director of the downtown department or the director's designee.

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

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

"Old Sacramento" means the area bounded on the south by the centerline of Capitol Mall and Tower Bridge, on the north by the I Street Bridge, on the east by the westerly right-of-way line of interstate freeway Route 5, and on the west by the centerline of the Sacramento River. (Ord. 98-005 § 1; prior code § 25.12.251)

A. 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.

B. It is unlawful to drive a horse-drawn vehicle for hire within the city unless the driver's permit required by this chapter shall have first been obtained.

C. It is unlawful to operate or drive any horse-drawn vehicle for hire in the city unless the vehicle permit required by this chapter shall have first been obtained. (Prior code § 25.12.252)

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. (Prior code § 25.12.253)

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

• 1. The name and business address of the applicant;
• 2. A description of the vehicles to be operated under the permit;
• 3. Identification of the animals which will pull the vehicles;
• 4. Evidence that the applicant has paid a city business operations tax;
• 5. Whether the applicant intends to operate within Old Sacramento;

6. A certification that neither the applicant nor the applicant's key staff is involved in the operation or management of more than one horse-drawn vehicle operation operating in Old Sacramento;

7. Such additional information bearing on the proposed operation as the director may require. (Prior code § 25.12.254)

A. The director shall conduct such investigation of the application and the applicant as is necessary to determine if issuance of the permit would be consistent with the purposes of this chapter. A permit shall not be issued unless the director finds that:

1. The vehicles which will be used will be properly licensed under this chapter.

2. The horses, mules or other animals which are to pull the vehicles have been certified by a qualified veterinarian acceptable to city as healthy, fit, and physically able to do the work of pulling a fully loaded vehicle. The animals shall have a minimum weight of one thousand (1,000) pounds and be of adequate flesh and muscle tone, measuring a minimum of four on the Henneke Scale.

3. The animals which will pull the vehicles have been trained adequately to pull safely a fully loaded vehicle of the type to be used.

4. The persons who will drive the vehicles will be properly licensed under this chapter, and fully trained and able to operate the vehicles in a manner which will assure the safety of the animals, the passengers, and other users of the streets.

5. Issuance of the permit is not contrary to the health, safety, or welfare of the public.

6. The applicant has paid all taxes and charges required by Chapter 3.08 of this code.

7. The applicant has not been convicted of a crime involving cruelty to animals.

B. The actual cost of any examinations or tests by a veterinarian or other professional shall be paid by the applicant in addition to the application fee.

C. The director shall impose such conditions upon the permit as may be deemed appropriate to protect the public health, safety and welfare.

D. A copy of the operating permit shall be prominently displayed in each vehicle operated pursuant to the permit. (Ord. 98-005 § 1; prior code § 25.12.255)

A. An application for the driver's permit required by this chapter shall be made to the director on forms provided by the city. Such application shall include:

1. The name, address and age of the applicant;

2. A description of the applicant's experience and background driving horse-drawn vehicles; and

3. The license number on the applicant's valid, current driver's license or past driver's license.

B. An applicant for the driver's permit shall be at least eighteen (18) years of age.

C. An application shall be accompanied by a nonrefundable application fee in an amount to be established by resolution of the city council.

D. The director shall cause to be given to each applicant for a driver's permit a proficiency test including a written test, to determine if the applicant has adequate skills, knowledge, and experience handling horse-drawn vehicles and animals to ensure the safety of the animals, the passengers and other users of the streets. The operator for whom the driver will drive may sit in the horse-drawn vehicle during the driving portion of the proficiency test.

E. The director shall issue a driver's permit if he or she finds that the applicant has passed the proficiency and written tests, that issuance of the permit is not contrary to the public health, safety, or welfare, that the applicant's knowledge of the rules of the road has been demonstrated by the applicant's current or past possession of a California driver's license, and that the applicant has not been convicted of a crime involving cruelty to animals.

F. A copy of the driver's permit shall be carried upon the person of the driver whenever the driver is driving a vehicle regulated under this chapter.

G. Every driver annually shall attend a class relating to animal heat exhaustion and stress of no more than two hours offered by the city at a cost of no more than twenty-five dollars ($25.00) per driver. Failure to attend shall be grounds to suspend or revoke the driver's permit. (Ord. 98-005 § 1; prior code § 25.12.256)

Prior to operating a horse-drawn vehicle on his or her own, every new permittee shall undergo training with an experienced driver as follows:

A. The experienced or supervising driver shall have scored a minimum of eighty-five (85) percent on his or her proficiency test, and shall have possessed a horse-drawn vehicle driver's permit for a minimum of three years.

B. Driver trainee shall be required to ride with an experienced driver for a minimum of twenty-four (24) hours to observe the proper handling and driving of a horse-drawn vehicle and the methods of handling emergency situations for unexpected animal behavior.

C. The driver trainee shall drive the horse-drawn vehicle under the supervision of an experienced driver for a minimum of forty (40) hours. The supervising driver shall have scored a minimum of eighty-five (85) percent on his or her proficiency test, and shall have possessed a horse-drawn vehicle driver's permit for a minimum of three years.

D. During the minimum sixty-four (64) hours of training, the horse-drawn vehicle may be available for hire by the general public. (Ord. 98-005 § 1; prior code § 25.12.256-1)

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

1. A complete description of the vehicle, including its date of manufacture, if available; and

2. An accurate sketch or photograph of the vehicle, including color and material designations, as appropriate.

B. The application shall be accompanied by a nonrefundable application fee in an amount to be established by resolution of the city council.

C. A vehicle permit shall be granted only if the director is satisfied that:

1. The vehicle is in safe condition such that its operation will not endanger public safety.

2. If the vehicle is to be used in Old Sacramento, the vehicle is of a style and type which is historically authentic and is painted in an historically authentic manner. The executive director of the museum and history commission shall develop guidelines for vehicles which are permissible in Old Sacramento and shall assist the director in determining whether particular vehicles are consistent with the guidelines.

D. Each vehicle permit shall indicate whether the vehicle is authorized for use in Old Sacramento and shall indicate the maximum number of passengers permitted.

E. The vehicle permit shall be prominently displayed on the vehicle at all times when the vehicle is in use. (Prior code § 25.12.257)

A. Operators, Vehicles, and Drivers Shall Comply with the Following Requirements.

1. Drivers of horse-drawn vehicles shall obey all traffic laws and regulations of the city and the state.

2. Each horse-drawn vehicle shall be equipped with:

a. Two tail lights, red in color, visible from one thousand (1,000) feet when lit and mounted between fifteen (15) and seventy-two (72) inches apart;

b. Two side marker lights, amber in color, one on each side of the vehicle, visible from the front; and

c. Brakes in good working condition.

3. No horse-drawn vehicle shall be left unattended on the public right-of-way at any time. A vehicle is attended when a licensed driver is within ten (10) feet of the horse. When one driver is attending two horse-drawn vehicles, the driver shall be on the ground and both horses shall be tied to a hitching post or other fixed object. No driver shall attend more than two vehicles.

4. Horses or other animals used to draw vehicles shall be worked no faster than at a slow trot. When traffic permits, the animal shall be walked.

5. A driver shall be in the driver's seat of the horse-drawn vehicle with driving lines in hand before loading and unloading passengers. When the driver is required to assist passengers on and off the vehicle, the horse shall be properly secured to a hitching post or other fixed object.

6. No person shall unbridle a horse while the horse is connected to a vehicle.

7. No person other than a driver with a valid permit or a driver trainee, and no animal, may sit in the driver seating area of any vehicle, except with prior written consent from the director.

8. No person shall be permitted to stand on any vehicle while it is in motion. All passengers shall remain seated in the passenger seating area except when embarking or debarking the vehicle.

• 9. A driver shall not smoke, eat, drink or wear headphones while a vehicle is in motion.
• 10. Drivers shall be dressed in historically authentic clothing.
• 11. All carry-on equipment shall be safely secured while the vehicle is in motion.

B. Tickets shall be sold only at designated locations or on the vehicles themselves. There shall be no hawking of tickets or services from the vehicles or from any public right-of-way. Ticket prices for rides offered in Old Sacramento (including the basic route described in subsection F of this section) shall be displayed in writing on the vehicle so as to permit a patron to view the rates before boarding the vehicle (e.g., on a sign displayed within the vehicle which is visible to a patron before boarding). Signage shall be of historically authentic style and approved in advance by city.

C. All horses or other animals used to draw vehicles for hire in the city shall be subject to examination by a veterinarian or other qualified person of city's choice at any time while the animal is on the public right-of-way and upon twenty-four (24) hours' notice at any other location. Failure to allow such examination shall be grounds for summary suspension of the operating permit pursuant to Section 10.64.150 of this chapter. The director shall bill to each operator, and the operator shall pay within thirty (30) days after issuance of the billing, the cost of any animal examinations made pursuant to this chapter; provided, however, that an operator shall be required to pay for more than two examinations of any individual animal within a twelve (12) month period (not including any examination required to obtain or renew any permit required by this chapter) only if an examination of one or more of the operator's animals results in a finding of misuse.

D. Horses and other animals shall be further governed as follows:

1. No animal shall work for more than eight hours per day. An animal shall be deemed to be working whenever it is attached to a horse-drawn vehicle. An animal shall be rested and watered for at least twenty (20) minutes after two hours of work and at least thirty (30) minutes after both four hours (total) and six hours (total) of work. When the outdoor temperature exceeds ninety (90) degrees F., the rest shall be provided in a shaded location.

2. No animal shall work when a thermometer, placed at a street level location selected by the director, registers one hundred (100) degrees F., except that when an operator previously entered into an agreement to provide service on such date, an animal may be worked for the previously agreed upon service only. Each operator shall provide to the director, in advance, a monthly listing of all precontracted service obligations, including the date, time and length of each service to be provided and the name and telephone number of the patron to whole the service will be provided. Only a service contained in the monthly listing shall qualify for exception from the one hundred (100) degrees F. limit.

3. Mares shall not be permitted to work past the seventh month of pregnancy, and shall not return to work until the fifth month after giving birth.

4. No horse under the age of three years shall be permitted to draw a horse-drawn vehicle.

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

• 1. A color photograph showing front and rear views of the animal;
• 2. Name of animal, sex, size, weight and breed;
• 3. Dates of vaccinations, worming and other health care procedures;
• 4. The dates and hours the animal works;

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

One copy of the health passport/work log shall be kept with the animal at all times. East operator shall provide a copy of the health passport/work log for every animal used in his or her operation to Old Sacramento management office by the 5th of each month for the previous calendar month.

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 such deposit.

G. In Old Sacramento, horse-drawn vehicles shall park only in curbside areas designated for the use of horse-drawn vehicles, for a maximum of fifteen (15) minutes, as set forth in Section 10.36.330 of this title.

H. The director shall establish one basic horse-drawn vehicle route within Old Sacramento and shall set the ticket price for a ride along the established route. Before establishing the route and setting the ticket price, the director shall invite current operators to submit information regarding their current routes and prices to assist the. director in establishing the route and setting the price. The ticket price set by the director may be a "per person" rate or a single rate for the entire vehicle, irrespective of occupancy, and may distinguish between rates for children, adults and seniors. The director shall give the basic route a name consistent with the spirit of Old Sacramento. Each operator shall offer to the general public a ride along the basic route established by the director at the price set by the director. The availability of this offering shall be advertised along with the operator's other offerings and shall be no less prominently featured than any other offering.

I. Each operator operating in Old Sacramento shall pay, in addition to the generally-applicable business operation tax, an additional charge relating to the Old Sacramento business improvement area as if the operator had its fixed business address within the area. (Ord. 98-005 § 1; prior code § 25.12.258)

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. Workers' compensation insurance coverage as required by California statutes with policy limit of at least one million dollars ($1,000,000.00) per occurrence. In the event the operator is self-insured, he or she 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 workers' compensation limit combined with the self-insurance retention.

B. Comprehensive auto and general liability insurance, including products and completed operation liability, broad form property damage liability, contractual 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 de-fined 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 term of this contract, 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's risk management and insurance division prior to issuance of any permit and prior to engaging in any operation or activity authorized by the permit. (Prior code § 25.12.259)

Any person to whom an operating permit, driver's permit or vehicle 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 of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the permittee or the permittee's agents, officers or employees, directly or indirectly arising from the activity authorized by such permit. (Prior code § 25.12.260)

All permits issued hereunder shall expire on May 1st following the date of issuance and shall be renewed annually, except that the requirement to renew a driver's permit may be waived for up to three years for a driver with a satisfactory driving record. 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. (Prior code § 25.12.261)

A. An operating permit issued hereunder shall be summarily suspended whenever the city receives a written opinion from a duly-licensed 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, or to the passengers, or to members of the public, or whenever an operator fails to permit examination of an animal used by him or her by a city-selected veterinarian upon twenty-four (24) hours' notice. Upon request of the operator, a hearing shall be held before the director within three working days after the notice of suspension at which time the director shall determine whether the grounds for summary suspension existed and whether such suspension should be continued or rescinded. The operator may appeal the decision of the director 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 director's decision. The notice of appeal shall state generally the grounds of appeal.

The city council may appoint a hearing examiner to hear the matter pursuant to Section 1.24.050 of this code.

B. Any permit issued hereunder may be suspended or revoked when it shall appear to the director 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. Except as provided in subsection A of this section, no permit shall be revoked or suspended until a hearing shall have been held by the executive director.

Written notice of the time and place of such hearing shall be given at least five 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.

The permittee may appeal the decision of the director 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 director's decision. The notice of appeal shall state generally the grounds of appeal.

The city council may appoint a hearing examiner to hear the matter pursuant to Section 1.24.050 of this code. (Prior code § 25.12.262)