San Francisco County Municipal Code Art. 7.1 Horse-Drawn Vehicles

Sec. 500. Authority to Adopt This Article. Sec. 500.1. Authority to Issue Regulations. Sec. 500.2. Permits Required. Sec. 500.3. Permits; Exception. Sec. 500.4. Transfer of Permits. Sec. 501. Definitions. Sec. 502. Horse-Drawn Vehicle Business Permit. Sec. 502.5. Driver Permits. Sec. 503. Permit Investigation, Hearing and Issuance. Sec. 503.5. Expiration, Suspension and Revocation of Permits. Sec. 504. Insurance Requirements. Sec. 505. Rules of Operation. Sec. 506. Vehicle Regulations. Sec. 507. Horse or Horse-Drawn Vehicle Animal Regulations.

Sec. 507.a. Department of Animal Care and Control-Duties. Sec. 508. Punishment. Sec. 509. Severability.

SEC. 500. AUTHORITY TO ADOPT THIS ARTICLE. These horse-drawn vehicle rules and regulations are adopted pursuant to the authority granted in the Board of Supervisors of the City and County of San Francisco. (Added by Ord. 238-98, App. 7/17/98)

The Chief of Police has authority, after a noticed public hearing, to adopt such rules and regulations that do not conflict with this Article to effect the purposes of this Article. (Added by Ord. 238-98, App. 7/17/98)

(1) It shall be unlawful to operate, or cause to be operated, a horse-drawn vehicle business within the City and County of San Francisco without first obtaining a permit from the San Francisco Police Chief. (2) It shall be unlawful to drive a horse-drawn vehicle for hire within the City and County of San Francisco without first obtaining a horse-drawn vehicle driver's permit from the Chief of Police. (3) It shall be unlawful to operate, or cause to be operated, any horse-drawn vehicle for hire within the City and County of San Francisco without first obtaining a permit, license, or contract for a "stand" that is acceptable to the San Francisco Police Chief. If the stand is on Port property a permit must also be obtained from the Port of San Francisco. (Added by Ord. 238-98, App. 7/17/98)

The permit requirements of this Article shall not apply to the use of horse-drawn vehicles for an activity that requires an event permit from the San Francisco Police Department, such as a parade or itinerant show. The horse-drawn vehicle used for such an event must meet insurance requirements as described in this Article. If the event occurs on Port property a permit to use said property will also be required. (Added by Ord. 238-98, App. 7/17/98; amended by Ord. 284-99, File No. 991587, App. 11/5/99)

Any and all permits issued pursuant to this Article are not transferable. (Added by Ord. 238-98, App. 7/17/98) SEC. 501. DEFINITIONS.

(1) Horse-Drawn Vehicle. Includes any wagon, coach, omnibus or any vehicle powered in whole or in part by a horse, mule, or other animal. (2) For Hire or Business. Horse-drawn vehicle service for consideration. (3) Employee. Person who works for or renders services to a horse-drawn vehicle for hire. (4) Driver or Operator. Person who drives or operates a horse-drawn vehicle. (5) Horse. A horse with a weight that exceeds 1,100 pounds. (6) Qualified Veterinarian. A licensed veterinarian who is an expert in the care of horses and is agreed upon by both the operator and the Department of Animal Care and Control. (7) Stand. The portion of a curb lane, or any private or public property location, used for loading, unloading or waiting for passengers of horse-drawn vehicles. A "stand" must be approved by the Chief of Police and other affected City and County of San Francisco department or agency. (8) Applicant. If a sole proprietorship, any person. If a partnership, each partner. If a corporation, each director, corporate officer, and stockholder owning ten percent (10%) or more of the corporation's stock. (9) Mechanical Evaluator. A mechanical evaluator is a person who has expertise, through training and/or on-the-job experience in the evaluation of the structural safety of horse-drawn vehicles. (10) Qualified Trainer. A qualified trainer is a person who has expertise through training and/or on-the-job experience in horse-drawn vehicle driving and the care of horse-drawn vehicle animals. (11) Special Event. A special event is an occasion when a person requests the services of a horse-drawn vehicle for a prearranged period of time for a prearranged route that is not on the regular route of the horse-drawn vehicle. (Added by Ord. 238-98, App. 7/17/98; amended by Ord. 284-99, File No. 991587, App. 11/5/99) SEC. 502. HORSE-DRAWN VEHICLE BUSINESS PERMIT. (a) Prior to applying for a horse-drawn vehicle business permit, the applicant shall obtain: (1) A San Francisco horse-drawn vehicle business address; (2) Evidence of a valid permit, license or contract for use of a stand by the horse-drawn vehicle business at a location acceptable to the Chief of Police. The Chief of Police shall consider, among other things, public safety, public health, animal welfare and traffic issues in determining whether a requested location is acceptable; (3) A mechanical inspection report for each vehicle. (Payment of the cost of inspection is the responsibility of the applicant.) The inspection report shall include the following: (i) The mechanical evaluator's name, employer, business address and phone number, (ii) The mechanical evaluator's relevant training, experience, and professional license numbers (if any), and (iii) Date of inspection and inspection results, including the evaluator's conclusions regarding vehicle condition, safety concerns, and maximum safe speed, weight and seating capacity. (4) A medical inspection report for each animal, made by a qualified veterinarian. (Payment of the cost of inspection is the responsibility of the applicant.) The medical inspection report shall include the following: (i) The medical evaluator's name, employer, business address and phone number, (ii) The medical evaluator's relevant training, experience, and professional license numbers, and (iii) Date of inspection and inspection results, including vaccination information, the animal's general medical condition, identification of any specific health issues, and the evaluator's opinion as to whether the animal is fit to power a fully loaded vehicle in City traffic. (5) A training report, authored by the animal trainer or owner, containing the name of the animal's trainer, the place and date of training, the content of the training, and certification that the animal is trained to safely power a fully loaded vehicle of the type to be used in City traffic. (Training costs are the responsibility of the applicant.) (b) The application for the horse-drawn vehicle business permit shall be made in writing and filed with the Chief of Police. The applicant shall provide: (1) Applicant's name(s), address(es), and telephone number(s); (2) The physical location of the stand; (3) A description of each vehicle to be operated, including photographs and other identifying information to distinguish each horse- drawn vehicle from any other;

(4) The mechanical inspection report for each vehicle; (5) Identification of each animal used to power the vehicle(s), including photographs, and other identifying information sufficient to distinguish each animal from any other that the applicant intends to use; (6) The medical evaluation report for each animal; (7) The training report for each animal; (8) A detailed description of the route to be followed by the horse-drawn vehicles. (Added by Ord. 238-98, App. 7/17/98; amended by Ord. 284-99, File No. 991587, App. 11/5/99)

It shall be unlawful for any person to act as a driver of any horse-drawn vehicle for hire licensed pursuant to this Article unless that person holds a driver's permit from the Chief of Police issued pursuant to this Section. (1) Application for a permit to drive a horse-drawn vehicle shall be made to the Chief of Police on a form provided by the Police Department. The applicant shall pay to the City and County of San Francisco a public passenger vehicle (non-motorized) driver application and license fee as prescribed in Sections 2.26 and 2.27 of the San Francisco Administrative Code. The application shall include, but is not limited to, the following information: (a) Applicant's name, address, phone number, height, weight, eye color, date of birth, and Social Security Number; (b) Applicant's California driver's license number, license class and driving restrictions. The applicant shall provide a current copy of his or her driving record from the Department of Motor Vehicles; (c) All criminal offenses for which the applicant has been convicted, including the date and disposition of the criminal matter; (d) Three photographs of applicant's face, frontal view, approximately two inches by two inches in size, taken within one month of the application; (e) A complete set of applicant's fingerprints taken by the San Francisco Police Department; (f) A document certifying that the applicant has been trained in equine care and horse-driving from a qualified trainer. The document shall contain, but not be limited to, the training received, dates and locations of training, trainer identification, trainer's employer and trainer's address, phone number, professional licenses (if any), training and experience; (g) Such other information as the Chief of Police may deem necessary. (Added by Ord. 238-98, App. 7/17/98; amended by Ord. 284-99, File No. 991587, App. 11/5/99) SEC. 503. PERMIT INVESTIGATION, HEARING AND ISSUANCE. The Chief of Police, upon receipt of an application for a horse-drawn vehicle business or driver's permit, shall make an investigation without unnecessary delay, hear the application, and grant such application unless he or she finds that the applicant: (1) Has been convicted, or pled "no contest" or guilty, within the five-year period prior to the date of application, of any serious felony, crime of moral turpitude, or any crime related to animal cruelty or endangerment; (2) Has falsified, caused to be falsified, or encouraged falsification of, any statement or document relevant to the permit application process; (3) Has been found responsible for animal cruelty or endangerment in any criminal, civil, or administrative proceeding; (4) Does not have the necessary qualifications or does not meet the requirements to operate a horse-drawn vehicle business or drive a horse-drawn vehicle, as applicable; (5) Has previously violated the Rules of Operation for the operation of a horse-drawn vehicle business. (Added by Ord. 238-98, App. 7/17/98)

(1) The Chief of Police may suspend or revoke for good cause, any Police Department-issued permit held by the horse-drawn vehicle

business, or any horse-drawn vehicle driver, issued pursuant to this Article. "Good cause" includes, but is not limited to, a Chief of Police finding, after a noticed public hearing, that the permit holder has engaged in any activity that would be grounds for denial of a horse-drawn vehicle business or driver's permit. (2) Permits may be revoked or suspended if the annual license fee is not paid to the San Francisco City and County Tax Collector. (3) Within 30 days of the renewal date for a horse-drawn business permit, the permit holder shall submit, to the Chief of Police, recertification and reinspection reports for each animal and vehicle as described in this Article. (4) Port permits may be revoked at the discretion of the San Francisco Port Commission. (Added by Ord. 238-98, App. 7/17/98) SEC. 504. INSURANCE REQUIREMENTS. (1) It shall be unlawful for any person to operate any horse-drawn vehicle business without sufficient insurance, pursuant to the requirements set forth by the City's Risk Manager. (a) Applicants shall file with the Chief of Police, and thereafter keep in full force and effect, an insurance policy acceptable to the Chief of Police. The insurance policy shall cover any and all damage claims arising out of the horse-drawn vehicle operation, including but not limited to all property damage and bodily injury. (b) Any deductibles in policies shall not exceed $1,000 for each occurrence. All policies shall be endorsed to provide 30 days' advance written notice to the City and County of San Francisco of the cancellation, nonrenewal or reduction in coverage, mailed to the following address: City and County of San Francisco San Francisco Police Permit Section 850 Bryant Street, Room 458 San Francisco, CA 94103 In the case of a stand on property under the jurisdiction of the San Francisco Port Commission, the insurance policy shall name the City and County of San Francisco, the San Francisco Port Commission, its agents and its employers as additional insured. (Added by Ord. 238-98, App. 7/17/98) SEC. 505. RULES OF OPERATION. (1) No horse-drawn vehicle for hire shall operate in the City and County of San Francisco unless the owner(s) and operator(s), as applicable, have valid horse-drawn vehicle business and driver's permits, current tax licenses and stand contracts, licenses or permits. The horse-drawn vehicle business vehicles and animals shall meet all requirements of this Article. (2) No horse-drawn vehicle for hire shall operate in the City and County of San Francisco unless the operator has within the vehicle the operator's valid California driver's license and a copy of the permits for the horse-drawn vehicle business and driver. (3) The operator shall, on the demand of any peace officer, animal control officer, or their agents, present copies of all required licenses and permits. (4) The horse-drawn vehicle business permit holder, or his or her agent or employee, shall supply information regarding the condition of the business' vehicles and/or animals within one business day when requested by a peace officer, animal control officer, or their agents. (5) All drivers, agents and employees of a horse-drawn vehicle business shall comply with all traffic and other laws adopted by the State of California and/or the City and County of San Francisco and all horse-drawn vehicle regulations enacted by the Chief of Police. (6) No person may sit in the driver's compartment area or position except the permitted driver, and a trainee. (7) No horse-drawn vehicle driver, agent or employee shall have any firearm or illegal weapon in any part of the horse-drawn vehicle or in his or her possession while working. (8) No horse-drawn vehicle driver, agent or employee shall possess or control any alcoholic beverage or illegal drug while near or responsible for the horse-drawn vehicle, stand or animal. (9) No driver shall operate any horse-drawn vehicle, or handle any horse-drawn vehicle animal, after consumption of prescription or non- prescription drugs or medication, if the effect of that drug or medication limits or hinders, in any way, the driver's ability to operate the horse-drawn vehicle or to care for the animal.

(10) No owner, driver, agent or employee of a horse-drawn business shall fail or refuse to comply with a lawful order from any peace officer or animal control officer. (11) No person may solicit members of the public for horse-drawn vehicle services except at an authorized stand. (12) Horse-drawn vehicles may load passengers at stands, or at marked loading zones on their approved routes if the passengers previously arranged with the horse-drawn vehicle for pick-up at a particular time and location. Passengers may disembark at any location along the horse-drawn vehicle's approved route. The driver shall maintain personal and direct control of the horse or animal by holding the reins while passengers are loading or unloading at any location. (13) Drivers shall not unnecessarily stop or wait at any location other than an authorized stand, except to load or unload passengers along their approved routes. (14) Any horse-drawn vehicle business owner, driver, agent or employee, who finds the property of another, shall return the property to its rightful possessor. If the rightful possessor is unknown, the horse-drawn vehicle business shall hold the property for no more than thirty (30) days before delivering the property to a San Francisco police officer. (a) The horse-drawn vehicle business shall keep a log of all found property. The log shall include entries for the date and time the property was found, a description of the property, and disposition of the property. (b) After the thirty (30) day period, any unclaimed property shall be delivered to a San Francisco police officer for safekeeping. (c) Failure to safeguard found property may subject the driver and/or horse-drawn vehicle business to permit revocation proceedings. (15) Every horse-drawn vehicle operator shall keep an accurate and legible waybill. Waybills shall be retained for at least one year at the horse-drawn vehicle business address and be available for review by any peace officer or his or her agent during normal business hours. Waybills shall set forth, as a minimum, the following information: (a) Driver's name; (b) Vehicle number; (c) Date of waybill; (d) Starting time for period covered by waybill; (e) Origin and destination of each trip; (f) Time of hire and discharge for each trip; (g) Charges for each trip; (h) Number of passengers for each trip; (i) The identity of the horse used for each trip. (16) The driver must maintain control of the horse or animal at all times and never leave the horse-drawn vehicle unattended. (17) The horse-drawn vehicle shall not block or impede traffic at or near the stand when the stand is occupied with another horse-drawn vehicle. (18) The horse-drawn vehicle business shall operate horse-drawn vehicles at least seven (7) days during any given calendar month, unless weather precludes operation. (19) The Chief of Police, or the Chief's designee, has the authority to restrict or suspend the operation of horse-drawn vehicles for any situation that reasonably warrants the restriction or suspension. (20) For special events, if the horse-drawn vehicle operator has a valid horse-drawn vehicle business permit from the San Francisco Police Department, the horse-drawn vehicle business or driver must provide 24-hour notice to the District Station of the time of the event and the route to be taken. If the horse-drawn vehicle operator does not have such a permit, the horse-drawn vehicle business or driver must submit to the Chief of Police two (2) weeks prior to the event a proposed route for consideration and approval. (21) If a horse-drawn vehicle participates in a special event that is not along the horse-drawn vehicle's authorized route, the horse or animal and vehicle must be transported by another, appropriate vehicle(s) to and from the site of the special event. (22) The maximum number of passengers, not including the driver or trainee, allowed to ride in the carriage compartment area is six persons. (Added by Ord. 238-98, App. 7/17/98; amended by Ord. 284-99, File No. 991587, App. 11/5/99) SEC. 506. VEHICLE REGULATIONS. (1) Each horse-drawn vehicle shall be maintained in good working order and in a clean and attractive manner. (2) Each vehicle shall have the horse-drawn vehicle business name and a number painted or otherwise permanently affixed to the rear of the vehicle in a clear and conspicuous manner. The name and number shall be free of obstruction and clearly visible and legible to the

public. (3) Each carriage shall have the relevant hiring rates, and any other charges, posted in clear and legible fashion on the exterior of both sides of the vehicle. (4) The passenger compartment of each vehicle for hire shall have posted, without obstruction, the driver's permit and photograph. (5) All vehicles shall be equipped with a supply of complaint cards, approved by the Chief of Police, and available to any passenger on demand. (6) All vehicles shall be equipped with a device sufficient to catch horse excretion while on public property, and on private property that allows public access. (7) No horse-drawn vehicle shall be used primarily for advertising. Advertising must be confined to a two feet by three feet area on the back of the horse-drawn carriage. (8) All vehicles shall comply with the equipment standards set forth in Division 12 of the California Vehicle Code. (9) If it is reasonably determined that there is a mechanical failure of the equipment or the vehicle the Chief of Police or the Chief's designee may remove the horse-drawn vehicle from service. The Chief of Police or the Chief's designee may seek the advice of a qualified professional. A statement of findings must be provided from a qualified professional and approved by the Chief of Police or the Chief's designee prior to the horse-drawn vehicle returning to service. All expenses incurred are the responsibility of the permit holder. (Added by Ord. 238-98, App. 7/17/98; amended by Ord. 284-99, File No. 991587, App. 11/5/99) SEC. 507. HORSE OR HORSE-DRAWN VEHICLE ANIMAL REGULATIONS. (1) All horse-drawn vehicle animals shall weigh over 1,100 pounds and be fit for the purpose of powering a fully loaded horse-drawn vehicle. To determine fitness, each horse-drawn vehicle animal shall be examined every six months by a qualified veterinarian, who shall issue a report and send the report to both the Chief of Police and the Director of Animal Care and Control. The veterinarian report shall be made on a form approved by the Chief of Police. The report shall include, but is not limited to: (i) The information required in Section 502.(4.)(a) of this Article; (ii) Status of immunization, deworming and dental work; (iii) Farrier status; (iv) Drug tests and pregnancy tests for mares; (v) Results of any other test deemed prudent by the veterinarian. (2) The Chief of Police or the Chief's designee may immediately suspend the use of any horse-drawn vehicle animal and order a medical evaluation or specific treatment for the animal by a certified veterinarian. The Chief of Police or the Chief's designee may seek the advice of a qualified professional. A statement of findings must be provided from a certified veterinarian, qualified in horse treatment and care, and approved by the Chief of Police or the Chief's Designee prior to the animal returning to service. If the Department of Animal Care and Control receives a complaint regarding the condition or treatment of a horse-drawn vehicle animal, the Director of Animal Care and Control may have the horse examined by an Animal Care and Control employee and/or a certified veterinarian at any time without notice. All costs associated with medical tests, evaluations and treatments are the responsibility of the permit holder. (3) No animal shall be used to power a vehicle in the City and County of San Francisco if the animal has an open sore or wound that would affect the animal's comfort or soundness. (4) No animal shall be used to power a vehicle in the City and County of San Francisco unless the animal has hoofs that are properly shod and trimmed. Farrier records shall be kept for each animal. (5) No animal shall be used to power a vehicle in the City and County of San Francisco unless the animal is groomed daily and has a healthy coat. (6) No horse-drawn vehicle animal shall work more than five (5) consecutive days in a week or more than six (6) hours in any day or twenty-four (24) hour period per the Carriage Operators of North America's Rules of Operation. A horse-drawn vehicle animal shall have water made available during the entire work period. (7) No horse-drawn vehicle animal shall work more than eight hours per day without being given water and rest for not less than two cumulative hours during the entire work period. Each horse-drawn vehicle animal shall be given water and rest for not less than fifteen (15) minutes during each working hour. (8) All equipment used on the horse-drawn vehicle animal must be approved by the Director of Animal Care and Control or his or her designee prior to use. The equipment must be kept in good repair at all times. Other than normal blinders, no horse-drawn vehicle animal shall work with equipment causing any vision impairment. The harness shall be oiled and cleaned as to be soft at all times. It also shall be fitted, properly maintained, and free of makeshift connections such as wire, cloth or tape, except if emergency repair is necessary. No high port, long shank, or twisted wire bits shall be used on any horse-drawn vehicle animal. (9) Whips may be used only in certain cases, and not excessively, to control the animal. Whips may not be used to inflict pain or suffering

to any horse-drawn vehicle animal. (10) Whenever animals are housed on asphalt, concrete or other hard surfaces the floors must be covered with rubber floor pads. (11) Each horse-drawn vehicle animal shall be required to work ninety percent of the time at a walking gait, and no more than ten percent of the time at a trotting gait. (Added by Ord. 238-98, App. 7/17/98; amended by Ord. 284-99, File No. 991587, App. 11/5/99) SEC. 507.a. DEPARTMENT OF ANIMAL CARE AND CONTROL-DUTIES. The Board of Supervisors calls on the Department of Animal Care and Control to conduct semiannual random visits to all horses engaged in the operation of horse-drawn vehicles, and to field inquiries from the public regarding the treatment of such horses. (Added by Ord. 238-98, App. 7/17/98) SEC. 508. PUNISHMENT. Any person who violates any provision(s) of this Article is guilty of a misdemeanor, and upon conviction shall be punished by fine not to exceed $1,000, imprisonment not to exceed one year in the County Jail, or by both such fine and imprisonment. Any violation of this Article will also subject all relevant permits or permit application to revocation, suspension or denial. (Added by Ord. 238-98, App. 7/17/98) SEC. 509. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part hereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 238-98, App. 7/17/98)