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017 of 2002 - animal services and horse-drawn carriages ♦` ' yl, 0 02-1 0 01-6 K ' I SALT LAKE CITY ORDINANCE No. 17 of 2002 (Animal Services and Horse-Drawn Carriages) AN ORDINANCE ENACTING SECTION 5.37.008, SALT LAKE CITY CODE, PERTAINING TO THE DEFINITION OF ANIMAL SERVICES; AMENDING SECTION 5.37.080, SALT LAKE CITY CODE, PERTAINING TO HORSE-DRAWN CARRIAGE FEES; AMENDING SECTION 5.37.105, SALT LAKE CITY CODE, PERTAINING TO LICENSE REQUIREMENTS FOR OPERATORS OF HORSE-DRAWN CARRIAGES; AMENDING SECTION 5.37.110, SALT LAKE CITY CODE, PERTAINING TO DISPLAY OF LICENSE; AMENDING SECTION 5.37.115, SALT LAKE CITY CODE, PERTAINING TO CARRIAGE INSPECTION PRIOR TO LICENSING; AMENDING SECTION 5.37.120, SALT LAKE CITY CODE, PERTAINING TO ISSUANCE OF STICKER FOR SATISFACTORY INSPECTION; AMENDING SECTION 5.37.125, SALT LAKE CITY CODE, PERTAINING TO PERIODIC INSPECTIONS; AMENDING SECTION 5.37.150, SALT LAKE CITY CODE, PERTAINING TO NUMBER OF PASSENGERS IN HORSE-DRAWN CARRIAGES; AMENDING SECTION 5.37.155, SALT LAKE CITY CODE, PERTAINING TO PASSENGERS RESTRICTED TO PASSENGER AREA; AMENDING SECTION 5.37.160, SALT LAKE CITY CODE, PERTAINING TO APPEARANCE; AMENDING SECTION 5.37.170, SALT LAKE CITY CODE, PERTAINING TO ROUTES FOR HORSE-DRAWN CARRIAGES; AMENDING SECTION 5.37.185, SALT LAKE CITY CODE, PERTAINING TO REVOCATION OR SUSPENSION; AMENDING SECTION 8.16.015, SALT LAKE CITY CODE, PERTAINING TO IDENTIFICATION; AMENDING SECTION 8.16.025, SALT LAKE CITY CODE, PERTAINING TO HORSE CERTIFICATION; AMENDING SECTION 8.16.035, SALT LAKE CITY CODE, PERTAINING TO CRITERIA FOR DETERMINING HEALTH OF i f i A HORSE; AMENDING SECTION 8.16.045, SALT LAKE CITY CODE, PERTAINING TO POLICE OR ANIMAL SERVICES ORDERS; AMENDING SECTION 8.16.055, SALT LAKE CITY CODE, PERTAINING TO ACCIDENTS INVOLVING HORSE-DRAWN CARRIAGES; AMENDING SECTION 8.16.060, SALT LAKE CITY CODE, PERTAINING TO HORSE EXAMINATION BY THE OFFICE OF ANIMAL SERVICES; AMENDING SECTION 8.16.065, SALT LAKE CITY CODE, PERTAINING TO PHYSICAL CONDITION FOR WORK; ENACTING SECTION 8.16.067, SALT LAKE CITY CODE, PERTAINING TO OTHER REGULATIONS GOVERNING CARRIAGE HORSES; AND AMENDING SECTION 8.16.070, SALT LAKE CITY CODE, PERTAINING TO STABLES AND STALLS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 5.37.008, Salt Lake City Code, pertaining to the definition of animal services be, and the same hereby is, enacted to read as follows: 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. SECTION 2. That Section 5.37.080, Salt Lake City Code,pertaining to horse-drawn carriage fees be, and the same hereby is, amended to read as follows: 5.37.080 Fees—Annual Operation No certificate shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory fee as set forth in Section 5.04.070, or its successor section for each horse-drawn carriage authorized under a certificate of public convenience and necessity. 2 t SECTION 3. That Section 5.37.105, Salt Lake City Code,pertaining to license requirements for operators of horse-drawn carriages be, and the same hereby is, amended to read as follows: 5.37.105 License Required for Operators It is unlawful for any person to operate or for a holder to permit any person to operate a carriage for hire or a training cart upon the streets of the city without such operator(1)being at least twenty-one years of age and(2)having first obtained and having then in force a current Utah motor vehicle operator's license valid in the state of Utah. SECTION 4. That Section 5.37.110, Salt Lake City Code,pertaining to display of license be, and the same hereby is, amended to read as follows: 5.37.110 License—Display Every driver operating a carriage under this chapter shall keep his or her current, valid, 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. SECTION 5. That Section 5.37.115, Salt Lake City Code, pertaining to carriage inspection prior to licensing be, and the same hereby is, amended to read as follows: 5.37.115 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 5.37.125 of this chapter, or its successor. SECTION 6. That Section 5.37.120, Salt Lake City Code,pertaining to issuance of sticker for satisfactory inspection be, and the same hereby is, amended to read as follows: 3 5.37.120 Satisfactory Inspection—Sticker Issued When the Office of Animal Services finds that a carriage has met the specifications established by Section 5.37.125 or its successor, the Office of Animal Services shall issue a sticker to that effect. SECTION 7. That Section 5.37.125, Salt Lake City Code,pertaining to periodic inspections be, and the same hereby is, amended to read as follows: 5.37.125 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 electrified white lights visible for one thousand feet to the front of the carriage, and two electrified red lights visible for one thousand feet to the rear of the carriage. All lights shall be operational from one-half hour after sunset to one-half 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 operating it on the rear portion of such carriage; 4 t 5. Each carriage shall be equipped with a device to catch horse manure falling to the pavement; 6. Each carriage shall be maintained in a clean and sanitary condition. B. Training Cart. This article shall be fully applicable to training carts, as described in Section 5.37.085B, or its successor, 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." SECTION 8. That Section 5.37.150, Salt Lake City Code, pertaining to number of passengers in horse-drawn carriages be, and the same hereby is, amended to read as follows: 5.37.150 Number of Passengers No driver shall permit more than six passengers, ages five years of age or older to ride in the carriage at one time,plus no more than two children under five 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 passengers shall be permitted, neither of which shall be a customer for hire. SECTION 9. That Section 5.37.155, Salt Lake City Code, pertaining to passengers restricted to passenger area be, and the same hereby is, amended to read as follows: 5.37.155 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 , SECTION 10. That Section 5.37.160, Salt Lake City Code, pertaining to appearance be, and the same hereby is, amended to read as follows: 5.37.160 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. 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 6 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 constitutions or laws, or Salt Lake City ordinances. SECTION 11. That Section 5.37.170, Salt Lake City Code,pertaining to routes for horse- drawn carriages be, and the same hereby is, amended to read as follows: 5.37.170 Routes A. 1. The licensees and drivers shall operate horse-drawn carriages only upon certain streets within specified routes and/or quadrants and according to restrictions authorized by the city's horse-drawn carriage committee. In determining said routes, restrictions, and/or quadrants, the horse-drawn 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 man-made physical features of such streets which may be pertinent to the safe and efficient movement of transportation thereon. 2. With regard to the determination as to which holders may operate carriages and as to the number of carriages to be operated by such holders along a particular route or within a particular quadrant within the city, the city horse-drawn carriage committee shall, no later than February 15, 1990, develop a process for allocating in an equitable manner such routes and/or quadrants among holders. Said process shall not unreasonably withhold entry into the market from holders which have not previously operated along a particular route or within a 7 particular quadrant. Said allocation shall be made on an annual basis, no earlier than February 15th of each calendar year. 3. As of the effective date of the ordinance codified in this chapter, subject to amendment by the city horse-drawn carriage committee as provided in this section,there shall be established a quadrant for the operation of horse-drawn 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, unless amended by the city horse-drawn carriage committee, shall be nineteen . Subject to reallocation by the city horse- drawn carriage committee as provided in this section, the three carriage companies in operation as of the effective date of the ordinance codified in this chapter shall be allowed to operate the following number of carriages within the aforementioned quadrant: Carriage Horse Livery Ltd. 10 carriages Carriage for Hire 5 carriages The Carriage Connection 4 carriages B. * * C. * * * SECTION 12. That Section 5.37.185, Salt Lake City Code,pertaining to revocation or suspension be, and the same hereby is, amended to read as follows: 5.37.185 Revocation or Suspension If any person to whom a license has been issued pursuant to this Chapter commits a violation of this Chapter, such license maybe revoked or suspended according to the procedure provided for revocation or suspension of a business license issued by the City. Upon a serious violation, or upon any third violation of this Chapter by either a driver or a licensee within any 12-month period, a referral shall be made by Animal Services to the City's business licensing 8 • office for possible suspension or revocation of a business license issued by the City. A"serious violation"means a violation resulting in injury to human being or animal or property damage of $100.00 or more. SECTION 13. That Section 8.16.015, Salt Lake City Code, pertaining to identification number be, and the same hereby is, amended to read as follows: 8.16.015 Identification Number Each horse used to pull a carriage in the City shall be identified by a brand or mark in accordance with Chapter 4-24, Utah Code Annotated, or its successor, which brand or mark uniquely identifies the horse thus marked. The identification brand or mark and description of each of said horses, including age, breed, sex, color and other identifying markings, shall be filed by the carriage horse business with Animal Services. SECTION 14. That Section 8.16.025, Salt Lake City Code, pertaining to horse certification be, and the same hereby is, amended to read as follows: 8.16.025 Certificate Required No person shall cause or attempt to cause a horse to pull a carriage, unless the horse has been certified pursuant to this section. The certification of the horse may be made subject to a condition, or otherwise limited by the veterinarian. The certificate shall be kept and be available for inspection by the Office of Animal Services at the stable where the certified horse is kept, and a copy of the certificate shall be mailed to the Office of Animal Services within five days from its date. SECTION 15. That Section 8.16.035, Salt Lake City Code, pertaining to criteria for determining health of a horse be, and the same hereby is, amended to read as follows: 8.16.035 Criteria for Determining Health 9 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 . Has been immunized for the following and such vaccination will be effective at all times during the next six months: Eastern Equine Encephalitis, Western Equine Encephalitis, Tetanus, Rhino-Flu, and de-worming; C. Coggins Test. The horse 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. SECTION 16. That Section 8.16.045, Salt Lake City Code,pertaining to police or animal services orders be, and the same hereby is, amended to read as follows: 8.16.045 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 working days,whichever is shorter. 10 SECTION 17. That Section 8.16.055, Salt Lake City Code, pertaining to accidents involving horse-drawn carriages be, and the same hereby is, amended to read as follows: 8.16.055 Accidents In addition to any other requirements of law regarding reporting of vehicle accidents, the operator of a horse-drawn 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 8.16.050 of this chapter, or its successor. SECTION 18. That Section 8.16.060, Salt Lake City Code, pertaining to horse examination by the office of animal services be, and the same hereby is, amended to read as follows: 8.16.060 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. 11 SECTION 19. That Section 8.16.065, Salt Lake City Code,pertaining to physical condition for work be, and the same hereby is, amended to read as follows: 8.16.065 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. Hoofs: The hoofs 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. SECTION 20. That Section 8.16.067, Salt Lake City Code,pertaining to other regulations governing carriage horses be, and the same hereby is, enacted to read as follows: 8.16.067 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. 12 B. No carriage horse shall be at work for more than 9 total hours in any continuous 24- hour period. There shall be a rest period of at least 15 minutes at the end of each two-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 consecutive days without being provided a rest period of at least one day before the resumption of work. D. No carriage horse shall be at work(1)whenever the ambient temperature,with the wind chill factor, drops below 10°F below zero, or(2)whenever the combination of the ambient temperature and the relative humidity exceeds 150°F. For purposes of this subdivision, temperatures shall be those measured in the downtown area of the City and broadcast by the local radio stations or as measured and announced by the National Weather Service. An operator of a carriage drawn by a horse already at work at the time the temperature reaches the above- described conditions 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 temperature once again reaches acceptable limits under this ordinance. Every horse at work shall have a blanket provided by its operator when standing idle at its staging point, the horse has been working and is visibly sweating, and the ambient temperature is less than 20°F. SECTION 21. That Section 8.16.070, Salt Lake City Code,pertaining to stables and stalls be, and the same hereby is, amended to read as follows: 8.16.070 Stables and Stalls 13 All stables used by a carriage business and the keeping of horses therein shall be subject to the provisions of Chapter 8.08 of this Title, 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 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, noinial 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 14 4 and free from nuisances including,but not limited to, odors and accumulation of refuse or 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 horse- drawn 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 horse-drawn 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. SECTION 22. This ordinance shall take effect immediately upon the date of its first publication. 15 t# ' A Passed by the City Council of Salt Lake City, Utah, this 28th day of February , 2002. CHAIRPERSON ATTEST: • IEF EPUTY Y ORDER Transmitted to the Mayor on March 22, 2002 Mayor's Action: &! pproved _Vetoed OR ATTEST: APPROVED AS FOR M ORM Salt Lake C'ty Attorneys Office CHIEF DEPUTY CIT CO ER bate 3 07-o „200.,7-- By (SEAL) Bill No. 17 of 2002 ♦�". N� kyll Published: April 1, 2002 erpoit% 11. 41. G\Ordina0 l\Animal Services and Horse-drawn Carriage amendments-03-20-02 clean.doc 16