OR 2016-1439 Horse-Drawn Carriages
ORDINANCE NO. 2016-1439
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, AMENDING CHAPTER 6, ARTICLE 6-17 OF THE
CODE OF ORDINANCES OF THE CITY OF COPPELL BY REPEALING
THE ARTICLE 6-17 HORSE-DRAWN CARRIAGES, IN ITS ENTIRETY
AND REPLACING WITH A NEW ARTICLE 6-17 HORSE-DRAWN
CARRIAGES, ESTABLISHING DEFINITIONS, REGULATIONS
PERTAINING TO THE OPERATION, AND APPLICATION
PROCEDURES FOR HORSE DRAWN CARRIAGES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS
, the City of Coppell is current in operation of horse-drawn carriages; and
WHEREAS
,the current regulations are insufficient, and
WHEREAS,
the City desires to adopt new rulesand regulations concerning the operation
of horse-drawn carriages; and
WHEREAS
, the City of Coppell desires to amend Chapter 6, Article 6-17 by repealing
Article 6-17, Horse-Drawn Carriages in its entirety and replacing by a new Article 6-17.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS
SECTION1.
That the Chapter 6, Article 6-17 of the Code of Ordinances of the City of
Coppell, Texas be repealed in its entirety and replaced by a new Chapter 6, Article 6-17 which
shall hereinafter read as follows:
“Chapter 6
BUSINESS REGULATIONS
…..
Article 6-17. Horse-Drawn Carriages
Sec. 6-17-1 Definitions
The following definitions shall apply to this Article:
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Horse-Drawn Carriage is a wheel vehicle, trailer, wagon, carriage, buggy or
any other such vehicle, drawn or powered by domestic horse or equine animal.
Sec. 6-17-01. Application
A.A person must submit an application and provide on a form for that purpose,
or the safe operation of a horse-drawn carriage or vehicle. The applicant shall be a
person or legal entity that owns, controls, or operates such vehicle. An application
shall contain the applicant name, business type number of horses to be used, number
of carriages, proof of liability insurance, safety lighting, proposed sanitary plans,
proposed route(s) and map thereof, identify staging area, the hours and times of
proposed operation and other requirement under this article.
B.The city shall issue a permit for use of a horse-drawn carriage upon
satisfactory proof that the use and route does not pose a public safety hazard and
such operation will not endanger the health, safety and welfare of the community.
License Required
C.. No horse-drawn carriage shall be allowed to operate on
any public street, alley or right-of-way out on public property within the City of
Coppell unless it is currently licensed by the City of Coppell in accordance with
this article.
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Expiration
D.. All horse-drawn carriage licenses expire on December 31 of
the year in which they are issued.
Renewal
E.. All applications for renewal of a horse-drawn carriage license
must be completed and fees paid pursuant to this article, but in no case later than
the expiration of the license.
Applications and Renewal
F.. Form. All horse-drawn carriage license
applications and renewals of licenses shall be made in writing, signed and sworn to
by the applicant, or if the applicant is a corporation, by an officer of the corporation.
Local Operations
G.. All licensees must maintain a telephone or contact staffed
by the licensee or a person authorized to act on behalf of the licensee between the
hours of 9:00am and 5:00pm on weekdays and at all other times the licensee’s
carriages are in operation on the public streets, alleys and rights-of way within the
City of Coppell. Each such licensee shall maintain an emergency telephone number
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by which the City may reach a licensee or his agent, when a place of business is not
staffed, within sixty minutes on a twenty-four hour basis.
Horse License
H.. Each horse-drawn carriage license application or renewal of
license application must be accompanied by certification that the applicant has at
least one horse.
Corporate Owner Requirements
I.. Each horse-drawn carriage license
application or renewal of license application filed by a corporate applicant may only
be made by an officer of the corporation, and such application must be accompanied
by a Certificate of Good Standing, issued by the Texas Secretary of State, and a list
of corporate officers. A Corporation shall present a certificate of good standing may
be submitted in place of the actual Certificate of Good Standing; however, at the
specific request of the City Manager or designee, a certified copy of the Certificate
of Good Standing may be required in addition to the online report.
Indebtedness to the City
J.. Each horse-drawn carriage license application or
renewal of license application must be accompanied by an affidavit sworn to and
signed by the applicant, affirming that the licensee meets the provisions of this
article.
Manufacturer’s Information Required
K.. Each horse-drawn carriage license
application or renewal of license application must be accompanied by a schedule
of carriages listing the manufacturer’s name, model, length of time in use, and
seating capacity for each carriage to be licensed.
License Fee
L.. Each horse-drawn carriage license application or renewal of
license application must be accompanied by the payment of the license fee which
shall be established by resolution of the City Council.
Insurance
M.. No horse-drawn carriage may be operated without sufficient
public liability insurance in full force and effect. Each horse-drawn carriage license
application or renewal of license application must be accompanied by proof of
liability insurance. The insurance and property damage is for $500,000. All
insurance policies must be obtained pursuant to this section must not be subject to
cancellation except on 30 days previous notice to City Manager or designee. The
expiration date for each shall be midnight on December 31 of the licensing year.
Change of Information
N.. Holders of horse-drawn carriage licenses shall
notify in writing of any change of address or telephone number no later than
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seventy-two hours after the change. This must be done by completing a chance of
address form in person at the office.
Incomplete Application
O.. In the event that an application for renewal of a
horse-drawn carriage license(s) is not completed an the fee paid prior to the
expiration date of the license(s), to have been surrendered and not renew said
license(s)
Carriage Inspection
P.. After the license application or renewal of license
application has been submitted and the fees paid, the City shall establish a date,
time and place for the inspection of the carriages being licensed. The licensee is
responsible to have all carriages available for inspection at the date time, and place
specified. After each carriage has passed inspection, the license will be issue and
the carriage will be licensed. No carriage will be operated until such time as it has
passed inspection for that licensing year. Inspections for license renewals shall be
scheduled between September and October of each year.
Maintenance Records
Q.. Each licensee is required to maintain maintenance
records for each carriage. Upon written request, maintenance records must be
submitted to the City within 3 business days.
Non-Transferable
R.. No horse-drawn carriage license may be transferred from
one carriage to another.
Sec. 6-17-3 Horses
Horse License and Identification
A.. Any horse used or intended to be used
for the purpose of drawing a carriage in the City of Coppell shall have an
identification number noted on the horse.
Fitness Exams
B.. No horse may be used to draw a carriage in the City of
Coppell unless it is examined, not less than every three months, by a veterinarian,
who shall certify the fitness of the animal to perform such work. The veterinarian’s
certification for said examination and immunization shall be on a form and be in
the possession of the driver of the horse-drawn carriage at all times such carriage
is in operation. One copy each of this form shall be filed with the application or
renewal.
Unfit for Performance
C.. No horse may be used to draw a carriage in the City
of Coppell if it has any open sore or wound or if the horse is lame or has any other
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ailment, unless the driver of the carriage has in his possession a written statement
by a veterinarian that the horse is fit for such work, notwithstanding such condition.
Horse Shoes
D.. No horse may be used to draw a carriage in the City of Coppell
unless the hoofs of the horse are properly shod and trimmed, utilizing rubber-
coated, rubber heel pads or pen steel barium tip shoes to aid in the prevention of
slipping.
Grooming
E.. No horse may be used to draw a carriage in the City of Coppell
unless it is groomed daily, free from fungus or dandruff, and has a clean and healthy
coat.
Work Hours
F.. No horse may be worked more than six hours in any twenty-
four hour period.
Weather Limitations
G..
1.No horse shall be worked if the National Weather Service
determines that the actual air temperature at Dallas Fort Worth
International Airport is 90 degrees Fahrenheit or below 30 degrees
Fahrenheit above.
2.No horse shall be worked if snow and/or ice condition makes
footing conditions unsafe for horse travel.
3.If the temperature limit is exceeded during the course of a
particular carriage ride, at the ride’s conclusion, but no later than one-
half hour after the temperature limit is exceeded, the carriage driver
must immediately cease working the horse, move it to a stable, unbridle
and unharness it, and rest the animal until the National Weather Service
reports temperatures within the allowable range.
Rest Periods
H.. Each horse must be given water and rest for not less than a
fifteen minute period during each working hour.
Vision Equipment
I.. No horse may be worked with equipment causing an
impairment of vision, other than normal blinders.
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Sec. 6-17-4 Carriages
Appearance
A.. Each horse-drawn carriage shall be kept in good working order
and maintained in a clean and attractive manner.
Multiple Horses Prohibited
B.. No carriage designed to be drawn by more than
one horse shall be licensed or operated under this article.
Visibility
C.. All carriages must be equipped with:
1)rear View mirrors enabling the driver to see at least 200 feet
behind the horse-drawn carriage;
2)two electrified white headlights visible for 1,000 feet to the
front of the carriage;
3)two electrified red taillights visible for 1,000 feet to the rear
of the carriage; and
4)right and left turn signals on the rear of the carriage, visible
for 300 feet from the rear of the carriage
All lights must be operational from sunset to sunrise and during times of lessened
visibility.
License Display
D.. All horse-drawn carriages must have the licensee’s name
and license number pained or otherwise permanently affixed on the rear of the
carriage, in a clear and conspicuous manner. The name and license number shall be
free of obstruction so as to be clearly visible to the public.
Waste Containment
E.. All horse-drawn carriages and horses shall be equipped
with a device for catching horse excrement, approved by the Commission on
Animal Care and Control, whenever the carriage is on the public way. Urine must
be immediately diluted with a deodorizing, non-toxic liquid. The liquid used to
shall be eco-friendly, safe, recyclable, non-toxic, and non-harmful to the people and
property. The driver shall be responsible for carrying and using the diluting liquid.
The Carriage licensee shall be responsible for providing the liquid and shall
maintain documentation in the Carriage as to the composition of the liquid used.
Wheels
F.. All horse-drawn carriages must be equipped with wheels.
Advertising Prohibited
G.. No horse-drawn carriage shall display
advertising on its exterior or in its interior.
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6-17-5 Operation of horse-drawn carriages
License Display.
A.No horse-drawn carriage shall be allowed to operate for
compensation within the City of Coppell unless it is operated by a person who has
in his possession a current, valid Texas driver’s license and has on displaying the
carriage a current, valid City of Coppell Horse-drawn Carriage Driver’s License.
Surrender of License.
B. A horse-drawn carriage licensee of a horse-drawn
carriage driver shall, upon request of a police officer or authorized personnel of
City, surrender his horse-drawn carriage driver license and supply any additional
information requested concerning the operation of the horse-drawn carriage.
Traffic Regulation
C.. Drivers of a horse-drawn carriage must comply with all
State of Texas and City of Coppell traffic regulations.
Maximum Passengers
D.. No horse-drawn carriage may carry more passengers
at one time than is rated for such carriage, including the driver.
Seating
E.. No person may sit in the driver’s compartment or area except the
driver or, if a licensed driver is present, an employee of the horse-drawn carriage
license holder while undergoing training.
Unlicensed Driver
F.. An employee of a horse-drawn carriage license holder
who is not currently licensed as a horse-drawn carriage driver may operate a horse-
drawn carriage only if a licensed horse-drawn carriage driver is also present in the
driver’s compartment and there are no passengers in the carriage.
Weapons Prohibited
G.. No horse-drawn carriage driver may have any deadly
weapon in his possession or in or about the driver’s compartment of a horse-drawn
carriage while in charge of such carriage, except as authorized by state law.
Alcoholic Beverages
H.. No person may drink any alcoholic liquor as defined
by law while such person is operating or being transported by a horse-drawn
carriage, nor may any person transport, carry, possess or have any alcoholic liquor
while being transported by horse-drawn carriage, except in the original package
with the seal unbroken.
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Curbside Driving
I.. All horse-drawn carriages shall be driving in the right
hand lane available for traffic or as close as practicable to the right hand curb or
edge the roadway.
Right of Way
J.. When the movement of traffic is not controlled by official
traffic control signals or by a police officer or traffic control aide, the driver of a
horse-drawn carriage shall yield the right of way, slowing down or stopping if need
to be to so yield, to a pedestrian crossing the roadway within a crosswalk when the
pedestrian is upon the half of the roadway upon which the vehicle is traveling, or
when the pedestrian is approaching so close from the opposite half of the roadway
so as to be in danger.
Failure to Comply
K.. No driver or owner of a horse-drawn carriage shall
willfully fail or refuse to comply with any lawful order or direction of a police
officer, authorized personnel of the City or any other authorized official under this
article.
Operational Limits
L.. No horse-drawn carriage may be driven:
A.On any part of State Highway 121;
B.Interstate Highway 635 (I635);
C.East Belt Line Road in its entirety
D.South Belt Line Road in its entirety
E.Denton Tap Road in its entirety
F.Sandy Lake Road in its entirety
G.MacArthur Boulevard in its entirety
H.Bethel Road in its entirety
I.South Coppell Road in its entirety
J.On any city street between the hours of 7:00 a.m. and 9:30 a.m.
daily or between 4:00 p.m. and 6:30 p.m., Monday through
Friday
6-17-6Revocation of License (see old ordinance)
A.The City Manager or his designee may revoke a permit if such person
determines that a permit holder has:
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1)Made false statement as to a material matter in the
application concerning the permit;
2)Failed to comply with applicable provisions of this chapter;
3)Operated a service without a permit;
Hearings and appeals
Hearings
4). Hearings for any revocation of any permit shall be
conducted by the City Manager or his designee.
6-17-7 OFFENSE
A person commits an offense as a class C misdemeanor if the owner or
operator fails to comply with any provision of this article.”
SECTION 2
. That all provisions of the Code of Ordinance of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3.
That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held
to be void or unconstitutional, illegal, or invalid, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall
remain in full force and effect.
SECTION 4.
That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 5.
That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas,this the . 4 day of
2016
APPRfiVEII.
IX i
kb/
KA'•EN SELBO HUN , MAYOR
(2,
ST:
/ ' 400
RISTEL P INOS,CITY CRETARY
APP� ED AS T: FO' :
;
R :ERT E. HAG r� IRO ATTORNEY
(REH/mpm)
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