004 of 2014 - Updating City’s ordinances regarding Carriage Businesses 0 14-1
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SALT LAKE CITY ORDINANCE
No. 4 of 2014
(Updating the City's Ordinances Regarding Carriage Businesses)
An ordinance repealing Chapter 8.16 of the Salt Lake City Code in its entirety,
renumbering and amending Chapter 5.37 of the Salt Lake City Code, amending Section 2.07.020
of the Salt Lake City Code, and enacting Chapter 2.15 of the Salt Lake City Code, to provide
further procedures and processes governing the operation of carriage businesses.
WHEREAS, Salt Lake City Corporation (the "City") has previously enacted ordinances
pertaining to the regulation of carriage businesses within the City; and
WHEREAS, ordinances specifically governing carriage businesses can currently be found
in Chapters 5.37 and 8.16 of the Salt Lake City Code; and
WHEREAS, on rare occasions incidents within the City involving carriage horses have
occurred in which carriage horses needed medical care or attention; and
WHEREAS, the City Council desires to consolidate the ordinances governing carriage
businesses into a single chapter of the Code in order to facilitate understanding and awareness
of all pertinent City ordinances; and
WHEREAS, the City Council also desires to amend the ordinances governing carriage
businesses to further provide for the welfare of the carriage horses and to make other changes
regarding carriage businesses;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Chapter 8.16 of the Salt Lake City Code shall be, and hereby is, repealed in
its entirety.
SECTION 2. Chapter 5.37 of the Salt Lake City Code shall be, and hereby is, renumbered
and amended to read as follows:
Article I. Definitions
5.37.005: Definitions And Interpretation Of Language
5.37.008: Animal Services Or Office Of Animal Services
5.37.010: Applicant
5.37.015: Carriage Or Horsedrawn Carriage
5.37.020: Carriage Business
5.37.025: Carriage Stand
5.37.030: Department Contract
5.37.035: Driver
5.37.040: Holder
5.37.045: Horse
5.37.047: Horsedrawn Carriage Committee
5.37.050: Person (Rep. by Ord. 37-99 § 1, 1999)
5.37.055: Stable
5.37.060: Veterinarian
5.37.065: Work
5.37.005: DEFINITIONS AND INTERPRETATION OF LANGUAGE:
The words and phrases, when used in this chapter, shall have the meanings defined and set
forth in this article.
5.37.008: ANIMAL SERVICES OR OFFICE OF ANIMAL SERVICES:
"Animal services" or "office of animal services" means that division or office of the city or that
person or entity with which the city has contracted to perform animal control and inspection
services on behalf of the city.
5.37.010: APPLICANT:
"Applicant" means the person signing an application either for a carriage business license or for
a driver's license under this chapter.
5.37.015: CARRIAGE OR HORSEDRAWN CARRIAGE:
"Carriage" or "horsedrawn carriage" means any device in, upon, or by which any person is or
may be transported or drawn upon a public way and which is designed to be drawn by horses.
5.37.020: CARRIAGE BUSINESS:
"Carriage business" means any person offering to transport another person for any valuable
consideration and by means of a horsedrawn carriage.
5.37.025: CARRIAGE STAND:
"Carriage stand" means that portion of a curb lane designated by the city's division of
transportation for loading and unloading of passengers for horsedrawn carriages.
5.37.030: DEPARTMENT CONTRACT:
"Department contract" means a valid, existing, and current contract negotiated and approved
by the city's department of public services for providing horsedrawn carriage services upon Salt
Lake City streets.
5.37.035: DRIVER:
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"Driver" means any person operating or in actual physical control of a horsedrawn carriage, or
any person sitting in the driver's seat of such carriage with the intention of causing it to be
moved by a horse.
5.37.040: HOLDER:
"Holder" means any person to whom a certificate of convenience and necessity has been issued
and which certificate is unexpired.
5.37.045: HORSE:
"Horse" means an animal purely of the genus Equus caballus, specifically excluding crosses with
other genera.
5.37.047: HORSEDRAWN CARRIAGE COMMITTEE:
"Horsedrawn Carriage Committee" means the committee that considers issues pertaining to
the operation of horsedrawn carriages in the city. The composition and functions of the
Horsedrawn Carriage Committee shall be as set forth in chapters 2.07 and 2.15 of the Salt Lake
City Code, or their successor sections. Any changes or revisions to the horsedrawn carriage
business operations described in chapter 5.37, shall be reviewed by the Horsedrawn Carriage
Committee. However, any decisions by the Horsedrawn Carriage Committee that are
potentially inconsistent with the provisions of the Salt Lake City Code shall be submitted to the
city council for review. No decision that conflicts with any existing provision of the Salt Lake
City Code shall take effect unless the city council first eliminates any such conflict by amending
the pertinent provisions of the Salt Lake City Code.
5.37.050: PERSON:
(Rep. by Ord. 37-99 § 1, 1999)
5.37.055: STABLE:
"Stable" means any place or facility where one or more horses are housed or maintained.
5.37.060: VETERINARIAN:
"Veterinarian" means any person legally licensed to practice veterinary medicine who devotes
at least fifteen percent (15%) of his or her practice to providing care for equine animals.
5.37.065: WORK:
"Work", with reference to a horse, means that the horse is out of the stable and presented as
being available for pulling carriages; in harness; or pulling a carriage.
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Article II. Authority To Operate
5.37.070: Compliance Responsibility
5.37.075: Department Contract Required For Operation
5.37.080: Contract Based System For Provision Of Carriage Services
5.37.085: Fees
5.37.090: Existing Holders' Certificates
5.37.095: Certificate Not A Franchise And Not Irrevocable
5.37.070: COMPLIANCE RESPONSIBILITY:
A. All persons shall comply with and operate under the requirements of applicable law,
including, without limitation, federal, state, county and city laws and ordinances, including,
but not limited to, this chapter, title 8 of this code, and all department rules and
regulations.
B. A carriage business shall not be relieved of any responsibility for compliance with the
provisions of this chapter, regardless of form the carriage business uses to compensate its
drivers - whether by paying salary, wages, or any other form of compensation.
5.37.075: DEPARTMENT CONTRACT REQUIRED FOR OPERATION:
A. No person shall operate or permit a carriage owned or controlled by such person to be
operated as a vehicle for hire upon the streets of Salt Lake City unless such person is
authorized to do so under a department contract with the city.
B. No person shall operate a carriage business in the city unless the person is authorized to do
so under a department contract with the city. Nothing in such department contract shall
relieve a carriage business from complying with the requirements of applicable laws,
including, but not limited to, this chapter, title 8 of this code, and all department rules and
regulations.
5.37.080: CONTRACT-BASED SYSTEM FOR PROVISION OF CARRIAGE SERVICES:
A. The city hereby adopts a contract-based system for provision of carriage services. Only
carriage businesses selected pursuant to a competitive request for proposals (RFP) process
and who have entered into a department contract with the City pertaining to carriage
services may provide such carriage services upon Salt Lake City streets.
1. Following the RFP process, not more than three (3) carriage businesses shall be
awarded a department contract to provide carriage services.
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2. The total number of carriages authorized to operate in the city under all such
department contracts shall be not more than thirty (30).
3. Any department contract entered into pursuant to this section shall require carriage
businesses to make educational materials or information available to customers
regarding the role carriage horses play in a carriage business and how such horses are
cared for.
B. Existing certificates of public convenience and necessity issued by the city for carriage
services shall expire no sooner than one hundred eighty (180) days from the effective date
hereof. The city may elect, in the city's sole discretion, to continue the expiration date up to
an additional one hundred eighty (180) days. Upon expiration, a pro rata refund of that
portion of the certificate fee shall be given to those persons whose certificates have expired
prior to the portion of the year remaining at the time of expiration.
5.37.085: FEES:
No certificate of public convenience and necessity shall continue in operation prior to the
expiration as set forth in section 5.37.080 of this chapter unless the holder thereof has paid the
annual business regulatory fee as shown on the Salt Lake City consolidated fee schedule, each
year for each carriage authorized under a certificate. Such fees shall be in addition to any other
fees or charges established by proper authority and applicable to the certificate holder of the
carriage or carriages under the holder's operation and control.
5.37.090: EXISTING HOLDERS' CERTIFICATES:
All holders of existing carriage certificates of public convenience and necessity on the effective
date hereof shall retain such certificates, allowing them to operate the same number of
carriages as they are presently authorized to operate, the public convenience and necessity
having heretofore been demonstrated, until such certificates expire as provided in subsection
5.37.080(B) of this chapter.
5.37.095: CERTIFICATE NOT A FRANCHISE AND NOT IRREVOCABLE:
No certificate of public convenience and necessity issued in accordance with this chapter shall
be construed to be either a franchise or irrevocable.
Article III. Driver Licensing
5.37.100: Licenses Required For Carriage Operators
5.37.105: Carriage Driver License Application:
5.37.110: Application; Verification:
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5.37.115: Application; Fee Required:
5.37.120: Fingerprints Required:
5.37.125: Investigation of Applicant:
5.37.130: Driver's Qualifications:
5.37.135: Hearing Upon Rejection:
5.37.140: Term of Carriage Driver License:
5.37.145: License; Display:
5.37.100: LICENSES REQUIRED FOR CARRIAGE OPERATORS:
It is unlawful for any person to operate or for a carriage business to permit any person to
operate a carriage for hire or a training cart upon the streets of the city without such operator:
A. being at least twenty one (21) years of age;
B. having first obtained and having then in force a current Utah motor vehicle operator's
license valid in the state of Utah; and
C. having first obtained and having then in force a current carriage driver license from the City
expressly permitting that person to operate a horsedrawn carriage.
5.37.105: CARRIAGE DRIVER LICENSE APPLICATION:
A. A prospective applicant for a carriage driver license shall provide to the Salt Lake City
business licensing supervisor a completed written application using the form provided
therefore by the business licensing department. The application form shall include, but
is not necessarily limited to, the following information regarding the applicant:
1. The correct legal name of the applicant;
2. Any other names or aliases used by the applicant;
3. Age, birth date, and place of birth;
4. Height;
5. Weight;
6. Color of hair;
7. Color of eyes;
8. Present business address and telephone number;
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9. Present residence and telephone number;
10. Utah driver's license number;
11. Social security number;
12. A statement of the business, occupation or employment history of the applicant for
three (3) years immediately preceding the date of the filing of the application;
13. A statement detailing the license or permit history of the applicant for the five (5)
year period immediately preceding the date of the filing of the application, including
whether such applicant while previously operating or seeking to operate, in this or any
other county, city, state or territory, has ever had a license, permit or authorization to
do business denied, revoked or suspended, or has had any professional or vocational
license or permit denied, revoked or suspended. In the event of any such denial,
revocation or suspension, state the date, the name of the issuing or denying jurisdiction,
and state in full the reasons for the denial, revocation or suspension. A copy of any
order of denial, revocation or suspension shall be attached to the application;
14. A statement detailing all criminal convictions or pleas of nolo contendere, except
those that have been expunged, and the disposition of all such arrests for the applicant
for five (5) years prior to the date of the application. This disclosure shall include
identification of any circumstances involving animal cruelty and shall include all
ordinance violations, excepting minor traffic offenses (any traffic offense designated as
a felony, a class A misdemeanor, or an alcohol-related offense shall not be construed as
a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo
contendere and sentence of each conviction or other disposition; identifying the
convicting jurisdiction and sentencing court and providing the court identifying case
numbers or docket numbers. Application for a carriage operator's license shall
constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere
for the purposes of any proceeding involving the carriage horse operator's license;
15. A written certification from the carriage business employing the applicant driver
stating that the applicant driver has received training from the said carriage business as
to the requirements governing the operation of carriages as set forth in this chapter.
5.37.110: APPLICATION; VERIFICATION:
The application for a carriage driver license shall be verified by the applicant under oath, and
he/she shall be required to swear to the truthfulness of the matters contained upon the
application.
5.37.115: APPLICATION; FEE REQUIRED:
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At the time the carriage driver license application is filed, the applicant shall pay to the business
license office the fee shown on the Salt Lake City consolidated fee schedule.
5.37.120: FINGERPRINTS REQUIRED:
The prospective applicant for a carriage driver license shall be required to file with the police
department two (2) sets of fingerprint impressions, which shall be taken under the supervision
of the chief of police.
5.37.125: INVESTIGATION OF APPLICANT:
A. The police department shall conduct an investigation of each applicant for each carriage
driver license, and shall review all of the information filed by the applicant as required by
this article. Upon completion of the investigation, the police department shall recommend
approval or disapproval of the proposed application to the business license administrator
on the operator application form.
B. It shall be the duty of the police department to report in writing to the business license
administrator any misrepresentation or falsification by the applicant on the police
recommendation form which may be uncovered by the police investigation, and any such
misrepresentation or falsification will constitute just cause for the business license
administrator to refuse to issue a carriage driver license, or to suspend or revoke the same
if it has been issued.
C. The police department's recommendation required by subsection A of this section shall be
based upon:
1. Findings of the criteria specified in section 5.37.130 of this chapter, or its successor;
2. The police department's recommendation may take into account the length of time
between any criminal conviction and the application for the license and may also take
into account the applicant's rehabilitation efforts, if any.
5.37.130: DRIVER'S QUALIFICATIONS:
A. Except as hereinafter set forth, no permit or renewal of a carriage driver license shall be
issued to any of the following persons:
1. Any person under the age of twenty one (21) years;
2. Any person who is currently required to register with the Sex and Kidnap Offender
Registry pursuant to title 77, chapter 41 of the Utah Code Annotated, or its successor;;
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3. Any person who has been convicted of a crime involving moral turpitude, narcotic or
dangerous drugs, a felony conviction for an offense against a person or property, unless
a period of not less than five (5) years shall have elapsed since the date of conviction or
the date of release from confinement for such offense, whichever is later;
4. Any person who has been convicted of driving a vehicle recklessly within the five (5)
years immediately preceding application for a permit;
5. Any person who has been convicted of driving a vehicle while under the influence of
alcohol or a controlled substance, or of being in or about a vehicle while under the
influence of alcohol or a controlled substance with the intent of driving such vehicle,
within the five (5) years immediately preceding application for a permit;
6. Any person who has been convicted of two (2) or more felonies;
7. Any person who has been convicted of offenses involving animal cruelty.
B. Notwithstanding the provisions of subsection A3 or A6 of this section, if the hearing
examiner receives letters or testimony at a hearing, as provided in chapter 5.02 of this title,
which proves by a preponderance of the evidence that the applicant has reformed his/her
moral character so as to pose no threat to members of the public, the license shall be
issued. Part of the letters or testimony used to establish the preponderance shall come
from the applicant's parole officer, if the applicant is still on parole. Failure to provide a
recommendation from the applicant's parole officer, if the applicant is on parole, shall be
grounds to deny the request.
5.37.135: HEARING UPON REJECTION:
If the application for a carriage driver license is rejected, the applicant shall be entitled, upon
request, to a hearing before a hearing examiner as provided in chapter 5.02 of this title, or its
successor.
5.37.140: TERM OF CARRIAGE DRIVER LICENSE:
All carriage driver licenses issued pursuant to this Chapter are valid for one year, unless
suspended or revoked, and shall be both unassignable and nontransferable. A carriage driver
license may be renewed by submitting the application and renewal fees to the city prior to the
expiration of the current license.
5.37.145: LICENSE; DISPLAY:
Every driver operating a carriage under this chapter shall keep his or her current, valid, carriage
driver license and Utah motor vehicle operator's license on his or her person while such driver
is operating a carriage, and shall exhibit the license upon demand of any police officer, animal
services officer, license inspector, or any authorized agent of the license office of the city.
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Article IV. Carriage Equipment And Maintenance
5.37.150: Carriage Inspection Prior To Licensing
5.37.155: Periodic Inspections
5.37.150: CARRIAGE INSPECTION PRIOR TO LICENSING:
Prior to the use and operation of any carriage under the provisions of this chapter, the carriage
shall be thoroughly examined and inspected by the office of animal services and found to
comply with the specifications of section 5.37.155 of this chapter, or its successor.
5.37.155: PERIODIC INSPECTIONS:
A. Specifications: Every carriage operating under this chapter shall be inspected by the office
of animal services at least once each year in order to make certain each carriage is being
maintained in a safe and efficient operating condition in accordance with the following
inspection requirements:
1. Each carriage shall be equipped with two (2) electrified white lights visible for one
thousand feet (1,000') to the front of the carriage, and two (2) electrified red lights
visible for one thousand feet (1,000') to the rear of the carriage. All lights shall be
operational from one-half(1/2) hour after sunset to one-half (1/2) hour before sunrise
and during times of lessened visibility. Electrified directional signals are required at all
times;
2. Each carriage shall be equipped with hydraulic or factory equipped mechanical brakes
appropriate for the design of the particular carriage;
3. Each carriage shall be equipped with a slow moving vehicle emblem (red triangle)
attached to the rear of the carriage;
4. Each carriage shall permanently and prominently display the name and telephone
number of the carriage business and the number of the carriage operating it on the rear
portion of such carriage;
5. Each carriage shall be equipped with a device to catch horse manure falling to the
pavement. Urine must be immediately sprinkled with deodorizing urine solidifying
granules that will allow the urine to be removed as solid waste. The driver shall then be
responsible for sweeping or shoveling the solidified urine into the device for catching
excrement and disposing of both wastes in accordance with all federal, state and local
laws, rules and regulations. The deodorizing urine solidifying granules shall be eco-
friendly, safe, recyclable, non-toxic, and non-harmful to people and property.
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6. Each carriage shall be maintained in a clean and sanitary condition;
7. The harness and any other components used to tether the carriage to a horse shall
include, but not be limited to, a padded saddle, soft pads, and where appropriate a
properly oiled bit. Such harness and other components must be clean, well-maintained,
and of high quality;
8. Each carriage shall be equipped with a fire extinguisher, a first aid kit, a blindfold, a
cutting implement, a halter with lead, and any other emergency tools the carriage
business deems useful for the protection of the horse, driver and passengers in the
event of an emergency;
9. Upon satisfactory inspection a copy of the completed horse carriage inspection form
used by the Office of Animal Services will be given to the carriage business and a copy of
such inspection form shall be kept in the carriage whenever such carriage is being
operated on city streets.
B. Training Cart: This article shall be fully applicable to training carts, with the exception of
subsection A2 of this section regarding brakes. In addition, all training carts shall be clearly
marked, on the rear portion of such cart, with the words: "CAUTION: HORSE IN TRAINING".
Article V. Conduct Of Drivers And Operation Of Carriages
5.37.160: Traffic Laws
5.37.165: Lights
5.37.170: Speed
5.37.175: Presence And Control
5.37.180: Number Of Passengers
5.37.185: Passengers Restricted To Passenger Area
5.37.190: Manner And Appearance
5.37.195: Hours
5.37.200: Routes
5.37.205: Termini
5.37.210: Rates
5.37.160: TRAFFIC LAWS:
A driver operating a horsedrawn carriage shall be subject to all laws of the city pertaining to the
driver of any vehicle.
5.37.165: LIGHTS:
The driver of each carriage in operation from one-half(1/2) hour after sunset until one-half(1/2)
hour before sunrise, and in conditions of poor visibility, shall turn on the front and tail lights of
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the carriage and take any action necessary to make them operational, such as by replacing a
light bulb.
5.37.170: SPEED:
The driver shall not permit the speed at which any horsedrawn carriage is driven to exceed a
slow trot.
5.37.175: PRESENCE AND CONTROL:
No driver shall leave the carriage unattended in a public place.
5.37.180: NUMBER OF PASSENGERS:
No driver shall permit more than six (6) passengers, five (5) years of age or older to ride in the
carriage at one time, plus no more than two (2) children under five (5) years of age, if seated on
the laps of adult passengers, unless the carriage was designed to carry fewer, in which event
the carriage shall not carry more passengers than it was designed to carry. With regard to a
training cart, no more than two (2) passengers shall be permitted, neither of which shall be a
customer for hire.
5.37.185: PASSENGERS RESTRICTED TO PASSENGER AREA:
No driver shall permit a customer to ride on any part of the carriage while in motion, unless the
passenger is seated inside the carriage. No customer shall be allowed to ride while sitting on
the same seat as the carriage driver at any time while the carriage is in motion.
5.37.190: MANNER AND APPEARANCE:
Drivers shall be courteous in manner and shall adhere to the following standards of
appearance, in order to meet the interests of Salt Lake City in such transportation:
A. Wear enclosed shoes or boots.
B. Maintain their hair, and beards or mustaches, if any, in a clean and groomed condition.
C. Maintain their clothes in a clean and repaired condition.
D. Be free from offensive odor.
E. Not at any time expose the following body regions: the stomach, back, shoulders, chest,
hips, buttocks, abdomen, genitals, or thighs higher than four inches (4") above the knee.
F. Not wear as outer garments any clothing manufactured and commonly worn as underwear.
G. Not wear T-shirts as outer garments unless as a part of a company uniform.
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H. Wear shirttails and shirt hems tucked into pants, and shall use a belt or suspenders when
pants are designed for their use.
I. Not wear sweatpants or sweatshirts designed for athletic use.
J. At all times bear an identification of the company with which they are associated on their
shirts, whether as a shirt logo, name tag, photo identification badge, or otherwise, as shall
be approved by the city.
K. Any driver who desires that an exception be made to any requirement under this section on
any grounds may notify the city law department of the same in writing and request a review
of the same by such mayoral hearing examiners as the mayor deems appropriate to
consider such matters with the assistance of the city law department. Such exception shall
be granted if such driver can demonstrate that the requirement from which an exception is
requested is unduly restrictive of any religious, political or personal right of the driver, as
provided under the United States or Utah constitution or laws, or Salt Lake City ordinances.
5.37.195: HOURS:
Neither a carriage business nor any driver shall operate or allow to be operated its carriages on
the streets of the city during the hours of seven o'clock (7:00) A.M. to nine o'clock (9:00) A.M.
and four o'clock (4:00) P.M. to six o'clock (6:00) P.M.
5.37.200: ROUTES:
A. 1. The carriage businesses and drivers shall operate horsedrawn carriages only upon
certain streets within specified routes and/or quadrants and according to restrictions
authorized by the city's horsedrawn carriage committee. In determining said routes,
restrictions, and/or quadrants, the horsedrawn carriage committee shall seek to ensure
safe and efficient movement of transportation within the city, and shall take into
consideration the location of the streets therein, the expected traffic flow upon such
streets, the history of traffic accidents upon such streets, the width of such streets, and
any natural or manmade physical features of such streets which may be pertinent to the
safe and efficient movement of transportation thereon.
2. As of the effective date hereof, subject to amendment by the city horsedrawn
carriage committee as provided in this section, there shall be established a quadrant for
the operation of horsedrawn carriages which shall be bounded by the following streets:
North Temple, 200 East, 400 South, and 200 West. The maximum number of carriages,
which shall be allowed to operate within said quadrant at any one time, unless
amended by the city horsedrawn carriage committee, shall be thirty (30).
B. Carriage businesses are barred from using streets which:
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1. Have a speed limit exceeding thirty five (35) miles per hour, unless prior approval is
obtained;
2. Do not have traffic signals at major intersections;
3. Involve major arterials during the hours of seven o'clock (7:00) A.M. to six o'clock
(6:00) P.M., including, but not limited to, State Street, 700 East, 500 South and 600
South from 700 East west to 1-15.
C. The authorized routes and termini shall be subject to amendment from time to time by the
city horsedrawn carriage committee in order to ensure safe and efficient movement of
transportation within the city, according to the guidelines set forth in this section. Advance
charter carriage rides may deviate from the authorized routes provided that the carriage
business obtains a written permit from the city horsedrawn carriage committee authorizing
such deviation.
5.37.205: TERMINI:
Approved on street route termini include those areas designated by the city horsedrawn
carriage committee. Drivers shall not stop on street longer than the maximum three (3)
minutes available in any designated freight or passenger loading zone unless it is at a termini
location approved by the city horsedrawn carriage committee or in a legal parking space. Each
holder shall obtain permission from the property owner of all off street staging areas before
using such areas. Upon request by the city horsedrawn carriage committee, a holder shall verify
such permission to use such off street staging area by submitting to the engineer evidence of
such written permission from the property owner. Drivers shall not stop at designated bus
stops, bus lanes, or any other restricted parking areas.
5.37.210: RATES:
All drivers must make available to any person upon request, the rates for all tours and trips
offered by the service. Once a vehicle has been hired for a designated route or termini, the
driver may not accept additional passengers without the original contracting passengers'
consent.
Article VI. Violations
5.37.215: Revocation Or Suspension
5.37.220: Misdemeanor
5.37.215: REVOCATION OR SUSPENSION:
A. If any person to whom a business license or a carriage driver license has been issued
pursuant to this chapter commits a violation of this chapter, such license may be
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revoked or suspended according to the procedure provided for revocation or
suspension of a business license issued by the city.
B. Upon a serious violation, or upon any third violation of this chapter by either a driver or
a business license licensee within any twelve (12) month period, the city's business
licensing office shall consider whether a possible suspension or revocation of a business
license issued by the city is warranted. A "serious violation" means a violation resulting
in injury to a human being or to an animal or resulting in property damage of one
hundred dollars ($100.00) or more.
5.37.220: MISDEMEANOR:
Violation of any provision of this chapter shall be a class B misdemeanor.
Article VII. Suitability Of Horses
5.37.225: Identification
5.37.230: Examination Required
5.27.235: Documentation Required
5.37.240: Certificate or Documentation By Veterinarian;Term
5.37.245: Criteria For Determining Health
5.37.250: Cancellation And Suspension Of Veterinarian Certificate or Documentation
5.37.255: Police Or Animal Services Orders
5.37.260: Disqualification
5.37.265: Accidents
5.37.270: Examination By The Office Of Animal Services
5.37.225: IDENTIFICATION:
A. All horses used in a carriage business must be registered with the Utah Department of
Agriculture and Animal Services Registry which shall entail providing a copy of the
current livestock lifetime travel permit of each horse to animal services. Copies of the
foregoing identification documents shall also be kept in the carriage itself while the
horse and carriage are providing services within the city.
B. Animal services shall photograph each horse during the annual commercial permit
inspection set forth in Salt Lake City Code § 5.37.150.
5.37.230: EXAMINATION REQUIRED:
Every horse shall be examined prior to use in a horsedrawn carriage business, and every six (6)
months thereafter, by a veterinarian at no expense to the city. The horse shall be examined and
treated for internal parasites; problems with its teeth, legs, hooves and shoes, or cardiovascular
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system; drug abuse; any injury, disease, or deficiency observed by the veterinarian at the time
or previously, and the general physical condition and ability to perform the work required of it.
5.37.235: DOCUMENTATION REQUIRED:
An annual physical exam from a licensed veterinarian specializing in equine(s) which shall
certify the fitness of the horse to perform such work shall be provided for each horse to be
used to pull a carriage. The documentation will ensure the horse is serviceably sound. The
extent of the exam shall be left to the determination of the veterinarian. The documentation
shall be kept by the office of animal services and made available for inspection. Another copy
of such documentation shall be kept in the carriage to which the horse is tethered while the
horse is providing services within the City. Proof of regular vaccinations and deworming shall
also be provided to the office of animal services on an annual basis. Proof of vaccinations and
deworming may include receipts for materials used by the carriage business.
5.37.240: CERTIFICATE OR DOCUMENTATION BY VETERINARIAN;TERM:
After performing the physical examination required by section 5.37.230 of this chapter, or its
successor, the examining veterinarian may sign a certificate or documentation attesting that
the horse is in good health. The certificate or documentation shall specifically identify each
horse by its breed, sex, color and identifying markings and shall state, in the opinion of the
veterinarian, the maximum load which each horse can reasonably be expected to draw safely
and without causing injury to the horse. The certificate or documentation, if issued, shall be
valid for a period of not more than six (6) months from the date of signature.
5.37.245: CRITERIA FOR DETERMINING HEALTH:
For purposes of this chapter, a horse shall be deemed to be in good health only if the horse:
A. Strength: Has, in the opinion of the veterinarian, flesh, muscle tone, and weight sufficient to
perform the work for which the horse is used, including the pulling of carriages;
B. Immunizations and Parasite Control: Has been immunized for the following and such
vaccination will be effective at all times during the next six (6) months: eastern equine
encephalitis, western equine encephalitis, tetanus, rhino flu, and dewormed for parasites;
C. Coggins Test: Has been given a Coggins test with negative results on at least one certificate
during its life and since the last time the horse entered the state of Utah; the certificate
verifying said test or tests shall be filed with animal services before such horse is used in any
carriage business;
D. In General: Is, in the opinion of the veterinarian, in general good health and in all respects
physically fit to perform the work for which the horse is used, including the pulling of
carriages.
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5.37.250: CANCELLATION AND SUSPENSION OF VETERINARIAN CERTIFICATE OR
DOCUMENTATION:
A veterinarian shall cancel a certificate or other provided documentation if the veterinarian
learns of a condition which is reasonably expected to make the horse unfit for its work for a
period of two (2) weeks or more. If the horse appears to the veterinarian to be suffering from
an injury or sickness from which it is expected to recover in under two (2) weeks, the
veterinarian shall suspend the certificate or other provided documentation for such horse for
the time that the veterinarian expects will be necessary for the horse to recover. Upon written
request of a holder for a hearing on such cancellation or suspension of a veterinarian's
certificate or other provided documentation, a hearing shall be held by the city within three (3)
working days of receipt of such request to determine whether said cancellation or suspension
shall remain in effect. A canceled certificate or other provided documentation shall be
destroyed by the veterinarian or clearly marked as canceled or invalid. Suspension of a
certificate or other provided documentation shall be clearly marked by the veterinarian in non-
erasable ink on the original of the certificate or other provided documentation.
5.37.255: POLICE OR ANIMAL SERVICES ORDERS:
A city police officer, a health department officer or an animal services officer may order that a
horse not be used to pull a carriage in the city and that the horse be returned to its stable, if the
officer has cause to believe that the horse is suffering from any injury, ailment, or other
condition significantly affecting its ability to pull a carriage safely. The order shall be effective
only for so long as the officer specifies or until a hearing can be held regarding disqualification,
or for three (3) working days, whichever is shorter.
5.37.260: DISQUALIFICATION:
The mayor may, upon prior notice and hearing, disqualify a specific horse from use in pulling a
carriage in the city, if the mayor finds that the horse presents a hazard to public or passenger
safety greater than the hazard posed by a normal horse, or that the horse is in any way unfit for
the work of pulling carriages in the city. Before a horse may be disqualified, a hearing shall be
held before the mayor, or his/her designee, at which the carriage business and the owner of
the horse may appear and express themselves. At least three (3) working days' notice shall be
given of the hearing to the carriage business using the horse. A disqualified horse shall not be
used to pull a carriage within the city.
5.37.265: ACCIDENTS:
In addition to any other requirements of law regarding reporting of vehicle accidents, the
operator of a horsedrawn carriage shall report to the office of animal services any accident
involving such carriage, and no such horse or carriage shall again be operated until such have
been inspected by an animal services officer and a determination has been made by such
officer that no removal order is necessary as provided by section 5.37.255 of this chapter, or its
successor. Whenever a police officer responds to the scene of an accident involving a
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horsedrawn carriage and a vehicle, the police department shall verify that both the office of
animal services and the city's business licensing division have received notice of such accident.
5.37.270: EXAMINATION BY THE OFFICE OF ANIMAL SERVICES:
The office of animal services and its officials may at any reasonable time, examine any horse
owned by a carriage business or used by a carriage business to pull a carriage, or may have such
a horse examined by a veterinarian. The costs of such examination shall initially be borne by the
office of animal services. Such orders shall be in writing and may be given to the driver of a
carriage to which the horse is hitched, or to a carriage business owning or having possession of
the horse. If such examination determines that such horse is suffering from any injury, ailment
or other condition significantly affecting its ability to pull a carriage in the city, the costs for
such examination shall be reimbursed to the office of animal services by the certificate holder
owning or operating such horse.
Article VIII. Care Of Horses
5.37.275: Physical Condition For Work
5.37.280: Other Regulations Governing Carriage Horses
5.37.285: Stables And Stalls
5.37.290: Cruelty And Neglect Prohibited
5.37.295: Disposing Of Carriage Horses
5.37.275: PHYSICAL CONDITION FOR WORK:
No person shall cause a horse to draw or to be harnessed to a carriage if:
A. Certifiable: The person attending to the horse knows, or reasonably should know that the
horse, if then examined by a veterinarian, would probably not then be eligible for
certification, or would be subject to cancellation or revocation of certification;
B. Acute Ailment: The horse has an open sore or wound, or is lame or appears to have any
other injury, sickness, or ailment, unless the person attending to the horse has in his
possession a written statement signed by a veterinarian and stating that the horse is fit for
pulling a carriage notwithstanding the injury, sickness, or ailment;
C. Hooves: The hooves of the horse are not properly shod and trimmed, utilizing rubber
coated heel pads or open steel barium tip shoes to aid in the prevention of slipping. Horses
shall be shod and trimmed at least every four (4) to six (6) weeks, or more frequently if
necessary by an experienced, competent farrier;
D. Coat: The horse is not well groomed and/or has fungus, dandruff, or a poor or dirty coat.
E. Age: The horse is less than five (5) years old.
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5.37.280: OTHER REGULATIONS GOVERNING CARRIAGE HORSES
A. A carriage horse shall not be left untethered or unattended except when confined in a
stable or other enclosure.
B. No carriage horse shall be at work for more than eight (8) total hours in any continuous
twenty four (24) hour period. There shall be a rest period of at least fifteen (15) minutes at
the end of each two (2) hour work period. During such rest periods, the person in charge of
such horse shall make fresh drinking water available to the horse. The horse shall not be
allowed to drink in large quantities unless it is first rested.
C. No carriage horse shall be worked more than five (5) consecutive days without being
provided a rest period of at least one (1) day before the resumption of work.
D. No carriage horse shall be at work:
1. whenever weather conditions such as icy roads, snow covered roads, heavy precipitation,
thunderstorms and other inclement weather conditions are sufficiently unsafe that
operation of a carriage results in physical injuries (whether equine or human) or property
damage where the unsafe conditions caused or contributed to such injuries or damage.
2. (i). whenever the ambient temperature drops below ten (10) degrees Fahrenheit; or
(ii). whenever the ambient heat index exceeds one hundred four (104) degrees
Fahrenheit.
(iii). for purposes of subsection (D)(2), the pertinent ambient temperature and heat
index measurements shall be the temperature and heat index measurements calculated
at the WeatherBug station located closest to Temple Square. If such WeatherBug
station is inoperable or otherwise unavailable, then the pertinent temperature and heat
index measurements shall be the measurements calculated by the National Weather
Service at the Salt Lake City Airport.
E. An operator of a carriage drawn by a horse already at work at the time the weather,
temperature, or heat index reaches the conditions described in subsection D shall return
the passengers, if any, to the point of loading and shall rest the horse in sheltered
conditions. Thereafter, such horse may be worked only when the weather, temperature, or
heat index once again reaches acceptable limits under this section. Carriage businesses
shall be responsible for monitoring the pertinent weather conditions, temperature
measurements, and heat index measurements, and for insuring their carriages are operated
in accordance with the requirements described in this section.
F. Every horse at work shall have a blanket provided by its operator when:
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1. the horse is standing idle at its staging point;
2. the horse has been working and is visibly sweating, and
3. the ambient temperature is less than thirty-two degrees Fahrenheit (32°F).
5.37.285: STABLES AND STALLS:
All stables used by a carriage business and the keeping of horses therein shall be subject to the
provisions of chapter 8.08 of the Salt Lake City Code, or its successor, as well as any and all
other applicable laws and ordinances, including the following:
A. Ventilation and fresh air shall be provided, but horses shall not be unnecessarily exposed to
drafts during cold weather.
B. Ceilings shall be at least ten feet (10') high from bedding flooring.
C. Stalls shall be constructed and maintained:
1. In good repair to protect the animals from injury and to contain them;
2. So as to enable the animals to remain dry and clean;
3. To provide sufficient space as to enable each horse to turn about freely and to easily
stand, sit or lie in a comfortable, normal position;
4. So that the horses contained therein have easy access to water and to mineralized
salt at all times, and to food as needed. Such food and water shall be kept free of
contamination.
D. Floors shall be level and free from holes or openings, and shall provide proper drainage. No
horse shall be stabled on a concrete floor without bedding that is:
1. Highly absorbent and comfortable in all stalls and stables in which horses are kept,
2. Deep enough to provide warmth to the animal and so as not to show wetness under
the pressure of the animal,
3. Not of a type that will harm or in any way be a discomfort to the animal.
E. Each stall shall be attended to daily, ensuring clean and dry bedding, and all interior areas of
a stable and all exterior areas surrounding a stable shall be kept clean, properly drained and
free from nuisances including, but not limited to, odors and accumulation of refuse or
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excrement. Manure accumulations shall be removed from the premises weekly to prevent
rodent and vermin activity.
F. Each stall shall house one horse only.
G. Feed shall be kept in storage areas, constructed to permit extermination treatment in order
to be made rodent and insect proof. Feed storage areas shall allow no harborage and shall
be kept vermin free. Storage of feed concentrates shall be kept in an area inaccessible to
the horses.
H. All stables and stalls shall be inspected by animal services prior to use in a horsedrawn
carriage business, and every six (6) months thereafter, to verify compliance with this section
and all other applicable laws and ordinances. In addition to the regularly scheduled
inspections as set forth in this section, the city may perform other inspections of stables and
stalls used in any horsedrawn carriage business within the corporate limits of Salt Lake City,
in order to administer and enforce the standards herein, provided the authorized
employees or agents of animal services schedule an appointment with the licensed owner
of the business or provide written notice by mail or by posting at the stable premises for
such inspection at least twenty four (24) hours in advance of such inspection. Said
inspection shall be conducted during the hours in which the business's horses are working.
Nothing herein shall prevent the city from issuing citations or taking other action authorized
under the city's ordinances for violations that are in the plain view of city employees or
agents.
5.37.290: CRUELTY AND NEGLECT PROHIBITED:
No horse owned by or within the control of a carriage business shall be treated cruelly,
harassed, or neglected. A carriage business and its owner and managers are all individually
responsible to take any action reasonably necessary to assure the humane care and treatment
of the horses under their control.
5.37.295: DISPOSING OF CARRIAGE HORSES
A. A carriage business must report any disposal of a carriage horse by sale, gift, lease, routine
death, or other means of disposition, to the office of animal services within ten (10)
business days of the date such disposal occurred. Any such disposal of a carriage horse
must be properly documented and conducted in a humane manner.
B. All work-related deaths of carriage horses, including deaths involving circumstances
potentially attributable to such horses' working or living conditions, must be reported to
animal services within twelve (12) business hours of discovery.
SECTION 3. Section 2.07.020 of the Salt Lake City Code shall be, and hereby is, amended
to read as follows:
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2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
For the purpose of this chapter the term "city board" or "board" means the following city
boards, commissions, councils, and committees:
Airport Board
Salt Lake City Arts Council Board
Salt Lake Art Design Board
Bicycle Advisory Committee
Board of Appeals & Examiners
Business Advisory Board
Central Business Improvement District Advisory Board
Citizens' Compensation Advisory Committee
City & County Building Conservancy and Use Committee
Community Development & Capital Improvement Programs Advisory Board
Golf Enterprise Fund Advisory Board
Historic Landmark Commission
Horsedrawn Carriage Committee
Housing Advisory and Appeals Board
Housing Trust Fund Advisory Board
Human Rights Commission
Library Board
Parks, Natural Lands, Trails, and Urban Forestry Advisory Board
Planning Commission
Public Utilities Advisory Committee
Sister Cities Board
Transportation Advisory Board
SECTION 4. Chapter 2.15 of the Salt Lake City Code shall be, and hereby is, enacted to
read as follows:
CHAPTER 2.15. HORSEDRAWN CARRIAGE COMMITTEE
2.15.010: General Provisions
2.15.020: Creation
2.15.030: Membership
2.15.040: Responsibilities
2.15.010: General Provisions
The provisions of Chapter 2.07 of this title shall apply to the Horsedrawn Carriage Committee
except as otherwise set forth in this Chapter.
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2.15.020: Creation
There is created a Horsedrawn Carriage Committee.
2.15.030: Membership
A. The Horsedrawn Carriage Committee shall be composed of the following ten (10)
members:
1. the city transportation engineer unless a different representative from the city
transportation department is appointed to fill this membership position on the
committee;
2. a representative from the city police department;
3. a representative from the city attorney's office;
4. a representative from the city business licensing division;
5. a city representative;
6. an animal services representative;
7. an equine veterinarian;
8. an industry representative who works with horses for hire and does not possess
a department contract to provide horsedrawn carriage services within the city;
9. two (2) at large representatives from the general public who are city residents.
B. Those members of the Horsedrawn Carriage Committee who are city employees shall be
appointed by the mayor. Members of the Horsedrawn Carriage Committee who are not
city employees shall be appointed by the mayor with the advice and consent of the city
council.
C. Vacancies occurring in the membership of the Horsedrawn Carriage Committee shall be
filled by:
1. appointment by the mayor, if the vacancy is filled by a city employee; or
2. appointment by the mayor with the advice and consent of the city council if the
vacancy is filled by an individual who is not a city employee.
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D. All members of the Horsedrawn Carriage Committee shall be voting members.
2.15.040: Responsibilities
The Horsedrawn Carriage Committee shall have the following responsibilities:
A. The responsibility to consider issues pertaining to the operation of horsedrawn carriages
in the city and to adopt rules consistent with the city's ordinances regarding the same.
Any proposed rules or recommendations by the committee that would be inconsistent
in any way with the existing provisions of the Salt Lake City Code shall be submitted to
the city council for review and final decision. No decision that conflicts with any existing
provision of the Salt Lake City Code shall take effect unless the city council first
eliminates any such conflict by amending the pertinent provisions of the Salt Lake City
Code.
B. The responsibility to review the existing provisions in the Salt Lake City Code regarding
horsedrawn carriages from time to time and to make recommendations to the city
council as to whether any such ordinance provisions should be updated or amended.
Issues that shall be reviewed by the committee from time to time include, but are not
limited to, the following:
1. appropriate fee amounts;
2. temperature ranges that provide for the safe and humane use of carriage horses;
3. appropriate age limits designed to protect carriage horses;
4. appropriate hours and days of operation for horsedrawn carriage businesses;
5. random drug testing for horsedrawn carriage operators;
6. appropriate processes for establishing carriage routes, quadrants and termini;
and
7. appropriate equipment requirements that promote the safety of horsedrawn
carriage operations and protect the health of carriage horses.
C. The Horsedrawn Carriage Committee shall hold regular meetings on a quarterly basis.
The Horsedrawn Carriage Committee may also hold meetings on a more frequent basis
as time and circumstances permit.
SECTION 5. This ordinance shall become effective on the date of its first publication.
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Passed by the City Council of Salt Lake Cit . .h, .h. A1 day of
March , 2014.
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ATTEST: 0: ..CA 1
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I, • -.If 11�t..(1 1 1
No: S
CITY RECORDER gqq y��,,,
Transmitted to the Mayor on March 5, 2014 .
Mayor's Action: )C Approved. Vetoed.
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MAYO
ATTEST: �•'„w11 ..44,4
CITY RECORDER 1i o'., y
IPAcR Pv-
(SEAL)
APPROVED AS TO FORM
Bill No. 4 of 2014. Salt Lake C Att rney` Offlc
Date
Published: March 13. 2014 • By
HB_ATTY-#36490-v1-Horsed rawn_Carriage_2-23.DOCX
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