OR 2017-1484 Horse-drawn carriageORDINANCE NO. 2017-1484
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING
THE CODE OF ORDINANCES BY REPEALING CHAPTER 6
`BUSINESS REGULATIONS', ARTICLE 6-17, "HORSE-DRAWN
CARRIAGES", IN ITS ENTIRETY, AND REPLACING IT WITH A NEW
CHAPTER 6 `BUSINESS REGULATIONS', ARTICLE 6-17, `HORSE-
DRAWN CARRIAGES"; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell finds it will benefit to amend and update the City's
Code of Ordinances; and
WHEREAS, the City of Coppell believes that as a result of new improvements that
additional regulations are needed to improve safe use of horse-drawn carriages is in the best
interests of the citizens and; and
WHEREAS, the City staff have made a comprehensive review and recommended
changes which have been reviewed by City Council; and
WHEREAS, the City Manager or his designee is further authorized to adopt and
enforce appropriate health, safety and welfare to ensure safe use of horse-drawn carriages and
general welfare of the areas adjacent thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COPPELL, TEXAS:
SECTION 1. The City of Coppell Code of Ordinances, to repeal Chapter 6 `Business
Regulations', Article 6-17 — Horse -Drawn Carriages, in its entirety and replace with a new
Chapter 6, `Business Regulations', Article 6-17 `Horse Drawn Carriages', to hereinafter read as
follows:
"CHAPTER 6 — BUSINESS REGULATIONS
ARTICLE 6-17 — HORSE DRAWN CARRIAGES
Sec. 6-17-1 Permit Requirement
(a) A person may not operate a horse drawn carriage for hire or transport a passenger by
horse drawn carriage upon any public street within the city without a permit granted
under this article, nor may a person transport for hire a passenger upon a public street
within the city by horse drawn carriage unless the person driving the carriage or another
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who employs or contracts with the driver has been granted operating authority under this
article.
(b) A person shall not engage or hire a horse drawn carriage to transport him within the city,
using the public streets, which he knows does not have operating authority from the city.
(c) Permit holders, company employees, contractors and drivers are responsible for
complying with all rules and regulations of the City Coppell, any State of Texas Laws or
Federal Laws, to include all traffic laws that relate to the operation of a Horse -Drawn
Carriage.
Sec. 6-17-2 Permit Application
(a) Upon receipt of an application for permit under this article, the city manager or designee
shall conduct an investigation and make findings of fact concerning public convenience
and necessity and other relevant factors, including but not limited to:
(1) The financial responsibility of the applicant;
(2) The character, experience and responsibility of applicant;
(3) The number, kind, age, and type of equipment and the color scheme to be used by
the applicant;
(4) The probable effect of the service on local traffic conditions.
(b) The applicant for a permit has the burden of proving that the proposed horse drawn
carriage service is appropriate for the proposed service area and will not interfere with
traffic and public convenience; and, that the applicant is qualified and financially able to
provide the service proposed in the application.
(c) The Parks and Recreation department shall consider whether a permit should be granted
as prescribed by this article. The City shall have the discretion to determine how many
services may operate within the City, and how many carriages each service shall be
allowed to operate.
(d) If the City determines that a permit shall be granted, that permit shall be in force and in
effect for a specified term, not to exceed and/or must coincide with a community or
special event, unless sooner termination by reason of default due to a suspension or
revocation as provided for under the requirements of this article.
(e) Before a permit is granted, a person shall make application to the City in the manner
prescribed by this section. The applicant must be the person who will own, control, or
operate the proposed horse drawn carriage service. An applicant shall file with the City a
written, verified application statement containing the following:
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(1) The form of business of the applicant; if the business is a corporation or
association, a copy of the documents establishing the business and the name,
address, social security number, date of birth, and citizenship of each person with
a direct interest in the business;
(2) Name, address, and signature of the applicant;
(3) Documentary evidence from an insurance company, authorized to do business in
the state indicating a willingness to provide liability insurance required by this
article, and as part of said insurance provide a waiver of subrogation in favor of
the city. General liability insurance with the minimum amounts of $1,000,000
Bodily Injury Liability and $1,000,000 Property Damage Liability while naming
the City of Coppell as an additional insured to protect against potential claims
arising out of the applicant's use of the City's property and facilities.
(4) Such additional information as the applicant desires to include to aid in the
determination whether the requested operating authority shall be granted; and
(5) Such additional information as the City considers necessary to assist or promote
the implementation or enforcement of this article for the protection of the public's
safety including, but not limited to a valid Texas driver's license, Texas
Indemnification Code, or other form of government issue identification.
(f) Granting of a permit to a horse drawn carriage service applicant is in the discretion of the
City, but will not be granted unless:
(1) The proposed horse drawn carriage service will not be detrimental to the public
convenience and traffic safety;
(2) The applicant is willing and able to operate the horse drawn carriage service in
accordance with the requirements of this article, rules and regulations of the
police department, provisions of the permit, and other applicable law; and
(3) The applicant has paid the permit fee established by resolution of the City
Council.
Sec. 6-17-3 Amendment/Suspension/Revocation/Reinstatement
(a) Amendment. A horse drawn carriage service permit is amendable under the conditions
and in the manner prescribed by this article. A permit is amendable at any time by the
City of Coppell.
(b) Suspension and revocation of permit. The following regulations apply to the suspension
or revocation of a permit:
(1) The city manager or his designee may suspend or revoke a permit if it determines
that the holder has:
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a. Failed to comply with a directive issued to the holder by a Police Department
representative, within the time specified in the order;
b. Intentionally or knowingly impeded the department or other law enforcement
agency in the performance of its duty or execution of its authority;
C. Failed to comply with any provision of this article;
d. Had a final conviction for violation of another city, state, or federal law, which
violation reflects unfavorably on the fitness of the holder to perform a public
transportation service;
e. Substantially breached the terms of the permit;
f Failed to pay city ad valorem taxes on any property of the holder used directly or
indirectly in connection with the horse drawn carriage service; or
g. Failed to pay a permit fee at the time it was due.
(2) A suspension of a permit does not affect the expiration date of the permit.
(c) Reinstatement. A holder whose permit has been suspended or revoked may appeal such
suspension or revocation to the city manager or his designated representative if, within
ten (10) business days of receipt of notification suspension or revocation, the holder files
a written appeal requesting reinstatement of the permit. Such appeal must include reasons
why the permit should be reinstated. A Police Department representative shall inspect the
operation of the suspended holder to determine if the violation or deficiency causing the
suspension or revocation has been corrected by the holder. The finding of such inspection
shall be reported to the city manager or his designated representative by the Police
Department representative and the Police Department representative shall submit his
recommendation together with supportive facts to the city manager or his designated
representative.
Upon receipt of all pertinent information the city manager or his designated
representative shall set the time and place of the hearing and act as the hearing officer.
The hearing officer shall give the holder and the Police Department representative an
opportunity to be heard and to present evidence and argument. At his discretion, the
hearing officer may hear evidence from other interested parties. Formal rules of evidence
shall not apply and the hearing officer shall make his ruling on the basis of
preponderance of the evidence presented to him at the hearing. If the evidence shows that
correction has been affected by the holder, unless good cause is exhibited to deny
reinstatement, the hearing officer shall reinstate the permit. Good cause shall include but
not be limited to a finding of multiple and repetitive failures or violations or a finding that
the holder has a final conviction of city, state, or federal law, which conviction reflects
unfavorably on the fitness of the holder to perform a public transportation service. The
decision of the hearing officer shall be final.
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Sec. 6-17-4 Permit Fee
The horse drawn carriage service shall pay a permit fee to the city of two hundred and fifty
dollars ($250.00) per carriage, established by resolution. The permit fee is payable after the
police department has approved each carriage that will be in operation.
Sec. 6-17-5 Refusal to Convey Passengers
While operating a horse drawn carriage service, a driver shall not refuse to convey a person
based on race, ethnicity, religious, gender or age unless:
(1) The person is disorderly;
(2) The driver is engaged in answering a previous request for service;
(3) The driver has reason to believe that the person is engaged in unlawful conduct; or
(4) The driver is in fear of his personal safety, or the safety of others.
Sec. 6-17-6 Passenger Limitations
(a) While operating a horse drawn carriage service a driver on duty may carry only a person
who is a paying passenger, unless the passenger is an employee of the permit holder that
employs or contracts with the driver, a governmental inspector acting in an official
capacity, or unless it is authorized by the holder's operating authority.
(b) A driver may not carry at the same time more passengers than the designed seating
capacity of the horse drawn carriage.
(c) The Police Department may establish rules governing passenger limitations.
Sec. 6-17-7 Routes and Staging Area
(a) Horse drawn carriage operations will be allowed only on those routes specifically
authorized by the Police Department.
(b) A staging area location must be identified and written permission obtained from the
property owner.
Sec. 6-17-8 Conduct of Drivers
While on duty, a driver shall:
(a) Be courteous at all times;
(b) Maintain a sanitary and well-groomed appearance;
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(c) Not consume or be under the influence of alcoholic beverages, drugs, or other substance
which could adversely affect his ability to drive a horse drawn carriage;
(d) Not permit or allow any person on the back of a horse under said driver's control;
(e) Not leave a horse unattended except when securely confined to a stable or other
enclosure;
(f) Not permit a horse drawn carriage to be parked without first effectively setting the brake
equipment thereon;
(g) Not permit or allow excrement to drop from a horse's sanitary device;
(h) Operate the horses and horse drawn carriage at a safe speed and in a prudent manner, and
in no event, permit a horse or horses to gallop;
(i) Keep all routes and carriage stands clean and free of animal excrement;
(j) Upon request at any reasonable time and without prior notice, make a horse available for
inspection by the city manager or designee, any officer of the police department and/or
any veterinarian employed with or contracted by the city;
(k) Not interfere with any Police Department representative in the performance of his duties.
Sec. 6-17-9 Return of Passenger Property
(a)Upon finding property in a horse drawn carriage left by a passenger, the driver shall
immediately return the property to the owner. However, if the driver is unable to locate
the owner or if the driver does not know the identity or whereabouts of the owner, the
driver shall, within a reasonable time, deliver the property to the holder who employs or
contracts with the driver.
(b) Upon return of property to the owner or delivery of property to the holder, the driver shall
prepare a written report stating the description of the property, the identity of the owner if
known, the date the property was left in the horse drawn carriage, the circumstances
relating to the loss, and the horse drawn carriage number. The holder shall keep the report
on file for at least one (1) year and shall hold the property for not less than three (3)
months.
Sec. 6-17-10 Hours of Operation
(a) A driver may operate a horse drawn carriage only during hours approved by the City, and
must coincide with an approved event. Approval of dates and times of operation is solely
at the discretion of the City.
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(b) Notwithstanding the provisions of subsection (a), all carriage operations shall be
suspended whenever the ambient weather temperature is at or exceeds ninety-nine (99)
degrees.
Sec. 6-17-11 Operational Limits
The City may deny a permit if it includes or crosses any of the following.
(a) On any part of State Highway 121;
(b) Interstate Highway 635 (I-635);
(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) Coppell Road (North and South) except between Houston Street and Burns Street
(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.
Sec. 6-17-12 Carriage Requirements and Inspections
(a) A holder or driver shall at all times keep each horse drawn carriage clean and free of
refuse and in safe operating condition.
(b) A horse drawn carriage must not have any cracks, broken or missing parts, or other
visible damage. All wheels must be firmly attached to the hub of a horse drawn carriage
and all springs, axles, and supporting structures of each horse drawn carriage must be
intact.
(c) A horse drawn carriage must be consistent with the description and type outlined in the
original application of holder.
(d) A Police Department representative may inspect each horse drawn carriage, for
compliance with this article and regulations of the Police Department, and a holder,
owner, or driver shall make a horse drawn carriage available for inspection when ordered
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by a Police Department representative, and be subject to all inspection provisions set
forth herein.
(e) Police Department representative inspects:
(1) A Police Department representative shall inspect each horse-drawn carriage, for
compliance with this article and regulations of the Police Department, before it is
placed in service and at other times determined necessary by the Police
Department.
(2) A holder, owner, or driver shall make a horse drawn carriage available for
inspection when ordered by a Police Department representative.
(3) If a holder, owner, or driver fails to make a horse drawn carriage available for
inspection or if a Police Department representative determines that a horse drawn
carriage is not in compliance with this article or regulations of the Police
Department, a Police Department representative may order the horse drawn
carriage removed from service until it is made available for inspection and
brought into compliance.
(4) If the Police Department representative determines that inspection of the
mechanical condition or safety equipment of a horse drawn carriage by an expert
mechanic or technician is necessary, the holder, owner, or driver shall pay the cost
of the inspection.
(5) Before any horse drawn carriage will be approved for service, a Police
Department representative shall be provided with proof of ownership of the horse
drawn carriage.
Sec. 6-17-13 Required Equipment and Distinctive Marking
Horse-drawn carriages and equipment:
(1) Shall comply with the provisions of Texas Transportation Code, Sections §542.003,
§547.371 and §547.326, and all other applicable federal and state laws;
(2) Be equipped with an approved braking system in good operating condition;
(3) Be equipped with a "Slow Moving Vehicle" sign attached to the rear of the horse drawn
carriage; the emblem shall be a thirteen and three-fourths (13 3/4) inch fluorescent orange
triangle with a one and five-eighths (1 5/8) inch red reflective border, giving a total width
of sixteen (16) inches by fourteen (14) inches in height. The emblem shall meet the
current standards adopted by the "American Society of Agricultural Engineers," shall be
visible in daylight or at night when illuminated by the lower beams of headlamps for a
distance of not less than five hundred (500) feet, and shall be mounted base down on the
rear of the carriage not less than three (3) feet nor more than five (5) feet from the ground
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as measured from the base of the emblem. No decorative trim or any part of the carriage
shall cover or obscure any part of the emblem at any time.
(4) Shall be marked with the company name and unit number conspicuously located on the
rear of the horse drawn carriage in letters and numbers not less than two (2) inches in
height.
(5) Be equipped with at least one lamp that emits a white light visible at a distance of at least
1,000 feet from the front and that complies with Texas Transportation Code Section
§547.326. If only one lamp is used, it shall be mounted as far to the left (looking forward)
as possible.
(6) Be equipped with at least one red lamp visible at a distance of at least 1,000 feet from the
rear and mounted as far to the left of the center of the vehicle as practicable.
(7) Be equipped with at least two red reflectors visible at all distances from 100 to 600 feet
from the rear when directly in front of lawful lower beams of headlamps.
(8) Be equipped with hazard lamps as described in Texas Transportation Code Section
§547.331, which shall be lighted and visible in normal sunlight at a distance of at least
1,000 feet from the front and rear
(9) All lamps on horse-drawn carriages shall be in operation during the nighttime hours
beginning no later than one-half (1/2) hour before sunset, or at any time when weather
conditions cause visibility to be reduced from normal daytime visibility. The wiring for
all lamps shall be mounted and maintained as to not be damaged by persons entering or
exiting from the carriage.
(10) Carriage wheels shall be firmly attached to the hub and shall not wobble excessively. All
springs, axles and supporting structures shall be intact without any visible breaks or
deflection greater than incurred by a normal load.
(a) Before any horse may be used in a horse drawn carriage service, the holder of a
permit to operate the service must furnish the Parks and Recreation department
with:
(1) A certificate of veterinary inspection identifying the horse by description
or photograph and showing that the horse has been examined at least once
within the preceding six (6) months by a veterinarian licensed by the State
of Texas who specializes in equine medicine;
(2) Proof that the horse has had tetanus, rabies, and Eastern -Western
encephalitis vaccinations; and
(3) Photographs showing identifying marks of the horse.
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(b) A horse used in a horse drawn carriage service must:
(1) Be appropriately shod to work on paved streets; if a horse loses a shoe
while working, an "eazy" type boot may be used to finish the scheduled
work day.
(2) Not have any open wound, oozing sore, cut below the shin level, or
bleeding wound;
(3) Not have evidence of lameness, such as but not limited to head bobbing or
irregular rhythm;
(4) Be provided with appropriate and sufficient food at reasonable intervals
and have access to and be provided with fresh, potable water as needed;
(5) Have at least a ten-minute rest period after each fifty (50) minutes worked;
(6) Not work longer than nine (9) hours in a twenty -four-hour period, nor
more than five (5) shifts in any week;
(7) Have all harnesses properly fitted and in good repair with no deficiencies
that could reasonably be deemed a safety hazard;
(8) Be properly cleaned with no offensive odors or caked dirt or mud;
(9) Wear a special sanitary device for containing animal excrement;
(c) A Police Department representative may require the holder or driver of a horse
drawn carriage to remove from service any horse that appears to be ill, overtired,
undernourished, overloaded, injured, or lame or whose health or life, in the
opinion of a veterinarian or qualified equine animal control officer, is in imminent
danger. To reinstate a horse removed from service, the horse must be examined,
and a new state certificate of veterinarian inspection issued for the horse by a
veterinarian licensed by the State of Texas and specializing in equine medicine,
which certificate must be submitted to the Parks and Recreation department.
(d) A person commits an offense if he harasses or startles, or attempts to harass or
startle any horse while the horse is pulling a carriage or at rest or otherwise treats
a horse inhumanely while it is working in a horse drawn carriage service.
(e) For the purposes of this section, a horse is considered to be working any time it is
on a public street or sidewalk, or other public right-of-way or portion of a
designated route during any hour of operation of the horse drawn carriage
provisions.
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6-17-14 Offense
(a) A person commits an offense if knowingly and willingly the person performs an
act prohibited by this Chapter or fails to perform an act required by this
ordinance.
(b) An offense under this chapter is a Class "C" misdemeanor punishable by a fine
not to exceed $500.00.
(c) Each act of violation and each day in which a violation is permitted to continue
shall constitute a separate offense.
6-17-15 No Culpable Mental State Required
(a) Except as otherwise provided in this ordinance, proof of a culpable mental state is not
required for a conviction of an offense under this ordinance.
6-17-16 Other Remedies
(a) The City shall be entitled to pursue all other criminal and civil remedies to which it is
entitled under any other law and the remedies provided herein are not exclusive.
SECTION 2. That all provisions of the ordinances of the City of Coppell in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of Coppell not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Code of Ordinances as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Code of Ordinances, as amended in effect
when the offense was committed, and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the City of Coppell, as heretofore amended, and upon conviction shall be punished
by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense.
SECTION 6. This Ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide."
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DULY PASSED by the City Council of e City of Coppell, Texas, on the
day of K,, ,,L,, 2017. � r
APPROVED AS TO FORM:
CITY ATTORNEY
A
BO "NT, MAYOR
T T:
RISTEL P TINOS, CI*Y SECRETARY
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