Loading...
052 of 1989 - Horse Drawn Carriages O 69-1 O 89-31 SALT LAKE CITY ORDINANCE No. 52 of 1989 (Horse Drawn Carriages) AN ORDINANCE AMENDING TITLE 5, SALT LAKE CITY CODE, BY ADDING A NEW CHAPTER 5 .37 THERETO, RELATING TO HORSE DRAWN CARRIAGES, AMENDING TITLE 8 BY AMENDING SECTION 8.04.010, DEFINITIONS, AND ADDING A NEW CHAPTER 8. 16, RELATING TO REGULATION OF HORSE DRAWN CARRIAGE BUSINESSES, AND AMENDING SECTION 11 .36. 120 OF TITLE 11. The City Council of Salt Lake City, Utah, does hereby ordain as follows: SECTION 1 . That Title 5, Salt Lake City Code, be, and the same hereby is, amended by adding a new Chapter 5.37 pertaining to horse drawn carriages to read as follows: Chapter 5.37 HORSE DRAWN CARRIAGES Sections Article I. Definitions 5.37.005 Definitions and interpretation of language. 5.37.010 Applicant. 5.37.015 Carriage or Horse Drawn Carriage. 5.37.020 Carriage Business. 5.37.025 Carriage Day. 5.37.030 Carriage Stand. 5.37.035 Driver. 5.37.040 Holder. 5.37.045 Horse. 5.37.047 Horse Drawn Carriage Committee 5.37.050 Person. 5.37.055 Stable. 5.37.060 Veterinarian. 5.37.065 Work. Article II. Certificate of Public Convenience and Necessity 5.37.070 Certificate--Required. 5.37.075 Certificate--Additional application information. 5.37.080 Fees--Annual operation. 5.37.085 Existing holder's certificates. 5.37.090 Licensing for all certificated vehicles. 5.37.095 Minimum use of carriages required. 5.37.100 Compliance responsibility. Article III. Driver Licensing 5.37.105 Licence required for operators. 5.37.110 License display. Article IV. Carriage Equipment and Maintenance 5.37.115 Carriage inspection prior to licensing. 5.37.120 Satisfactory inspection--Sticker issued. 5.37.125 Periodic inspections. Article V. Conduct of Drivers and Operation of Carriages 5.37.130 Traffic laws. 5.37.135 Lights. 5.37.140 Speed. 5.37.145 Presence and control. 5.37.150 Number of passengers. 5.37.155 Passengers restricted to passenger area. 5.37.160 Appearance. 5.37.165 Hours. 5.37.170 Routes. 5.37.175 Termini. 5.37.180 Rates. Article VI. Violations 5.37.185 Revocation or suspension. 5.37.190 Misdemeanor. Article I. Definitions 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. -2- 5.37.010 "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 "Horse Drawn 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" means any person offering to transport another person for any valuable consideration and by means of a horse drawn carriage. 5.37.025 "Carriage Day" means the operating of a horse drawn carriage for business on the streets of Salt Lake City for at least one hour during any calendar day. 5.37.030 "Carriage Stand" means that portion of a curb lane designated by the city' s division of transportation for loading and unloading of passengers for horse drawn carriages. 5.37.035 "Driver" means any person operating or in actual physical control of a horse drawn 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" means any person to whom a certificate of convenience and necessity has been issued and which certificate is unexpired. 5.37.045 "Horse" means an animal purely of the genus equus caballus, specifically excluding crosses with other genera. -3- 5.37.047 "Horse Drawn Carriage Committee" means a committee appointed by the mayor to consider issues pertaining to the operation of horse drawn carriages in the city, which shall include the city transportation engineer. 5.37.050 "Person" includes any individual, partnership, corporation, association, or other legal entity. 5.37.055 "Stable" means any place or facility where one or more horses are housed or maintained. 5.37.060 "Veterinarian" means any person legally licensed to practice veterinary medicine. 5.37.65 "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. Article II. Certificate of Public Convenience and Necessity 5.37.070 Certificate--Required. No person shall operate, or permit a horse drawn carriage owned or controlled by him or her to be operated, as a carriage for hire upon the streets of the city, without first having obtained a certificate of public convenience and necessity from the city in accordance with Chapter 5.05 of this code, or its successor. 5.37.075 Certificate--Additional application information. In addition to the application information required under Chapter 5.05, or its successor, the application, verified under oath, shall show the experience of applicant in the transpor- tation of passengers by horse drawn carriage and shall show the -4- specific route or routes within the City along which applicant proposes to operate one or more horse drawn carriages. 5.37.080 Annual operation. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory fee of eighty dollars plus fifty dollars each year for each horse drawn carriage authorized under a certificate of public convenience and necessity. 5.37.085 Existing holders' certificates. A. The three horse drawn carriage companies operating horse drawn carriages under revocable permit and licensing agreements with the city as of the effective date of this ordinance shall, upon application as provided in chapter 5 .05 and section 5 .37.075 herein, or their successors, have a certificate of public convenience and necessity issued to them, allowing them to operate the following number of carriages, plus one training cart as set forth in this section 5.37.085, or its successor, without the hearing provided in this article, the public convenience and necessity having heretofore been demonstrated: Carriage Horse Livery Ltd. 15 carriages Carriage For Hire 10 carriages The Carriage Connection 6 carriages Said carriages shall be of types customarily known in the carriage industry as "vis-a-vis, " "landau, " "brougham, " "victoria" and/or "rockaway, " and shall meet all of the equipment, registration, and -5- other requirements of this chapter before being used to transport customers. Said horse drawn carriages shall operate only within specified routes and/or quadrants as set forth in Section 5.37. 170 herein, or its successor. B. Each holder may operate one training cart, that is, a two wheel, horse-drawn vehicle with extra long shafts, designed for training purposes. Said training cart shall not be used for the transport of customers for hire and shall meet all of the equipment, registration and other requirements of this chapter and shall operate only within routes specifically authorized by the city' s transportation engineer as set forth in Section 5.37. 170 herein, or its successor. 5.37.090 Licensing for all certificated vehicles. A. A holder is required to have the total number of carriages authorized under such holder' s certificate of convenience and necessity and to obtain the license plate required by Section 5.05. 155, or its successor, for each and every carriage. B. In the event the holder does not license the total number of carriages authorized by the certificate before February 15th of any year, such holder shall forfeit the right to any carriage not so licensed, unless such carriage is licensed within five days of written notice being given by the city; that authority shall automatically revert to the city, and the certificate shall be modified to reflect the total number of vehicles actually licensed before February 15th of any year. -6- Such forfeited right to operate any carriage may be reissued to any person; provided, however, it shall not be reissued except upon application required by Section 5.05. 105, or its successor, and by a showing of public convenience and necessity as required by Section 5.05. 140, or its successor. C. Nothing contained herein shall prohibit a holder from having carriages in excess of the number authorized under such holder' s certificate for the purpose of replacement or substitu- tion of an authorized carriage under repair, maintenance or breakdown; provided, however, any such carriage shall not be used as a carriage other than as a replacement or substitution as herein provided. The type or style, color, seating capacity, year of manufacture, and serial number or identification number of any substitute carriage shall be filed with the licensing office. 5.37.095 Minimum use of carriages required. A. No certificate issued in accordance with Section 5.37.070 of this chapter, or its successor, shall be construed to be either a franchise or irrevocable. It is the intent of the city that all carriages authorized be actually used for the transportation of passengers for hire. In order to implement that intent, the city hereby imposes the following requirements: 1. Each certificate holder shall have in service at least one carriage authorized under its certificate for a minimum of one hundred twenty carriage days during any calendar six months. 2. Within thirty days following each June 30 and December 31, a holder of a certificate shall file a report with the city -7- license supervisor' s office. Such report shall be in writing, signed by the holder or by some person authorized to sign the same on behalf of the holder, and shall be properly verified. The report shall contain the following information: a. A list of all carriages licensed under a certificate during the preceding calendar six months, showing the serial number and the city business license plate number for each carriage. Such list shall include any carriage which has been salvaged or otherwise removed from the fleet, as well as the replacement thereof; b. The number of carriage days each such carriage was in service during the preceding calendar six months; C. The holder may also file with such report a written statement of the circumstances that caused the authorized carriages to be in service for less than the required number of carriage days; d. A statement that the information contained in the report was obtained from the company records, and that all statements contained in the report are true and accurate. C. In the event the carriages licensed under the provisions of this chapter are not actually in service for the minimum required carriage days during any calendar six months as set forth in this Section 5.37.095 or its successor, the right to operate one or more carriage may, upon at least ten days notice to the holder, and upon the hearing had therefor, be revoked by the city. The holder may appear in person or be -8- represented by counsel at such hearing to show cause, if any he or she has, why the right to operate such carriage or carriages should not be revoked. If, at the conclusion of the hearing, the city shall find that the holder has shown extenuating circumstances, the city may grant continuance of authority. D. Upon revocation by the city of such authority, the certificate shall be modified to reflect the number of carriages actually in service for the required minimum number of carriage days during such calendar six months. No refund shall be made for any unused portion of the license fee. Such forfeited right to operate any carriage may be reissued only upon application required by Section 5.05. 105, or its successor, and by a showing of public convenience and necessity as required by Section 5.05. 140, or its successor. E. Each holder shall maintain and keep current at the place of business a daily log showing all trips made by every operator during such operator' s hours of work showing time( s) and place( s) or origin and destination of trips, and the specific carriage( s) and horse(s) operated. Such logs shall be made available to the city for inspection upon reasonable notice. 5.37.100 Compliance responsibility. The holder shall not be relieved of any responsibility for compliance with the provisions of this chapter, whether the holder pays salary, wages or any other form of compensation to drivers. -9- Article III. Driver Licensing 5.37.105 Licence 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 having first obtained and having then in force a current chauffeur' s license valid in the state of Utah. 5.37.110 License--Display. Every driver operating a carriage under this chapter shall keep his or her chauffeur' 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 control officer, license inspector, or any authorized agent of the license office of the city. Article IV. Carriage Equipment and Maintenance 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 animal control division and found to comply with the specifications of Section 5.37. 125 herein, or its successor. 5.37.120 Satisfactory inspection--Sticker issued. When the animal control division finds that a carriage has met the specifications established by Section 5.37. 125 or its successor, the license office shall issue a sticker to that effect. -10- 5.37.125 Periodic inspections. A. Specifications. Every carriage operating under this chapter shall be inspected by the animal control division 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 rear view mirrors, two electrified white lights visible for 1, 000 feet to the front of the carriage, and two electrified red lights visible for 1,000 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. 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. -11- B. Inspection fee. The carriage owner shall be required to pay an inspection fee of five dollars each time the vehicle is inspected. C. Training cart. This Article IV shall be fully applicable to training carts, as described in Section 5.37.085.B. , with the exception of subparagraph A.2. above 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 5.37.130 Traffic laws. A driver operating a horse drawn carriage shall be subject to all laws of the city pertaining to the driver of any vehicle. 5.37.135 Lights. The driver of each carriage in operation from one half hour after sunset until one half hour before sunrise, and in conditions of poor visibility, shall turn on the front and tail lights of the carriage and take any action necessary to make them operational, such as by replacing a light bulb. 5.37.140 Speed. The driver shall not permit the speed at which any horse drawn carriage is driven to exceed a slow trot. 5.37.145 Presence and control. No driver shall leave the carriage unattended in a public place. -12- 5.37.150 Number of passengers. No driver shall permit more than six adult passengers to ride in the carriage at one time, plus no more than two children under three 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. 5.37.155. Passengers restricted to passenger area. No driver shall permit a passenger to ride on any part of the carriage while in motion, unless the passenger is seated inside the carriage. 5.37.160. Appearance. Drivers shall be neatly dressed and courteous in manner. 5.37.165 Hours. Neither a licensee nor any driver shall operate or allow to be operated its carriages on the streets of the city during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. 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 -13- 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 particular quadrant. Said allocation shall be made on an annual basis, no earlier than February 15 of each calendar year. 3. As of the effective date of this ordinance, subject to amendment by the city horse drawn carriage committee as provided herein below in this section 5.37. 170, 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 eighteen. Subject -14- to reallocation by the city horse drawn carriage committee as provided hereinabove, the three carriage companies in operation as of the effective date of this ordinance shall be allowed to operate the following number of carriages within the afore- mentioned quadrant: Carriage Horse Livery Ltd. 10 carriages Carriage For Hire 5 carriages The Carriage Connection 4 carriages B. Licensees are barred from using streets which: 1 . Have a speed limit exceeding 35 m.p.h. , unless prior approval is obtained; 2. Do not have traffic signals at major intersections; 3. Involve major arterials during the hours of 7:00 a.m. to 6:00 p.m. , including but not limited to State Street, 700 East, 500 South and 600 South from 700 East west to I-15. C. The authorized routes and termini shall be subject to amendment from time to time by the city horse drawn carriage committee in order to ensure safe and efficient-movement of transportation within the city, according to the guidelines set forth in this Section 5.37. 170. Advance charter tours may deviate from the route provided the driver stays on streets already approved for routes. A driver must receive prior permission of the city horse drawn carriage committee to deviate from streets which have not been approved for routes or destina- tions which require use or crossing of streets designated as -15- arterial or collector streets on the city's major street plan and official map. 5.37.175 Termini. Approved on-street route termini include those areas designated by the city horse drawn carriage committee. Drivers shall not stop on-street longer than the maximum three minutes available in any designated freight or passenger loading zone unless it is at a termini location approved by the city horse drawn 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 horse drawn 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. 5.37.180 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 5.37.185 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 -16- may be revoked or suspended according to the procedure provided for revocation or suspension of a business license issued by the City. 5.37.190 Misdemeanor. Violation of any provision of this chapter shall be a Class B misdemeanor. SECTION 2. That Section 8.04.010, pertaining to Animals be, and the same hereby is, amended to read as follows: 8.04.010 Definitions. As used in Title 8 of this code: 1. "Animal at large" *** 2. "Animal boarding establishment" *** 3. "Animal grooming parlor" *** 4. "Animals" *** 5. "Animal shelter" *** 6. "Animal under restraint" *** 7. "Bite" *** 8. "Carriage" or "Horse Drawn 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. 9. "Carriage Business" means any person offering to transport another person for any valuable consideration and by means of a horse drawn carriage. 10. "Cat" *** 11 . "Cattery" *** -17- 12. "Dog" *** 13. "Domesticated animals" *** 14. "Driver" means any person operating or in actual physical control of a horse drawn 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. 15. "Enclosure" *** 16. "Estray" or "stray" *** 17. "Guard dog" *** 18. "Holding facility" *** 19 . "Impoundment" *** 20. "Kennel" *** 21 . "Leash" or "lead" *** 22. "Person" *** 23. "Pet" *** 24. "Pet shop" *** 25. "Provoked" *** 26. "Quarantine" *** 27. "Riding school or stable" *** 28. "Set" *** 29 . "Spring-loaded trap" *** 30. "Stable" means any place or facility where one or more horses are housed or maintained. 31. "Veterinarian" means any person legally licensed to practice veterinary medicine. -18- 32. "Vicious animal" *** 33. "Vicious dog" *** 34. "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. SECTION 3. That Title 8, Salt Lake Code be, and the same hereby is, amended by adding a new chapter 8.16 pertaining to horse drawn carriages, as follows: Chapter 8.16 Regulation of Horse Drawn Carriage Businesses Sections Article I. Suitability of Horses 8.16.010 Businesses governed. 8.16.015 Identification number. 8.16.020 Examination required. 8.16.025 Certificate required. 8.16.030 Certificate by veterinarian--Term. 8.16.035 Criteria for determining health. 8.16.040 Cancellation and suspension of certificate. 8.16.045 Police or Animal Control orders. 8.16.050 Disqualification. 8.16.055 Accidents. 8.16.060 Examination by the City. Article II. Care of Horses 8.16.065 Physical condition for work. 8.16.070 Stables and stalls. 8.16.075 Cruelty and neglect prohibited. Article I. Suitability of Horses 8.16.010 Businesses governed. In addition to the requirements of Chapters 5.05, 5.37, and other applicable ordinances, or their successors, of this code, all holders of a certificate of public convenience and necessity -19- issued by the city for the transportation of passengers for hire by horse drawn carriages shall be governed by the provisions of this chapter. 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 the city licensing office. 8.16.020 Examination required. Every horse shall be examined prior to use in a horse drawn carriage business, and every six months thereafter, by a veterinarian and at no expense to the City. The horse shall be examined and treated for internal parasites; problems with its teeth, legs, hoofs and shoes, or cardiovascular 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. 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 -20- certificate shall be kept and be available for inspection by the city at the stable where the certified horse is kept, and a copy of the certificate shall be mailed to the City within five days from its date. 8.16.030 Certificate by veterinarian--Term. After performing the physical examination required by sec- tion 8. 16.020 above or its successor, the examining veterinarian may sign a certificate attesting that the horse is in good health. The certificate 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, if issued, shall be valid for a period of not more than six months from the date of signature. 8.16.035 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. Immunization against anemia. Has been immunized against equine infectious anemia, and such vaccination will be effective at all times during the next six months; -21- C. Coggins test. The horse has been given a coggins test with negative results on at least one certificate per year; 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. 8.16.040 Cancellation and suspension of certificate. A veterinarian shall cancel a certificate, if the veterinarian learns of a condition which is reasonably expected to make the horse unfit for its work for a period of two 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 weeks, the veterinarian shall suspend the certificate 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, a hearing shall be held by the city within three working days of receipt of such request to determine whether said cancellation or suspension shall remain in effect. A cancelled certificate shall be destroyed by the veterinarian or clearly marked as cancelled or invalid. Suspension of a certificate shall be clearly marked by the veterinarian in non-erasable ink on the original of the certificate. -22- 8.16.045 Police or animal control orders. A City police officer, a health department officer or an animal control 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 disqualifi- cation, or for three working days, whichever is shorter. 8.16.050 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 disquali- fied, 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 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. 8.16.055 Accidents. In addition to any other requirements of law regarding reporting of vehicle accidents, the operator of a horse drawn -23- carriage shall report to the animal control division any accident involving such carriage, and no such horse or carriage shall again be operated until such have been inspected by an animal control officer and a determination has been made by such officer that no removal order is necessary as provided by Section 8. 16.050 herein, or its successor. 8.16.060 Examination by the city. The City 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 city. 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 posses- sion 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 city by the certificate holder owning or operating such horse. Article II. Care of Horses. 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 certifi- -24- cation, 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 by an experienced, competent farrier at least every four to six weeks, or more frequently if necessary; D. Coat. The horse is not well groomed and/or has fungus, dandruff, or a poor or dirty coat. 8.16.070 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 these ordinances, or its successor, as well as any and all other applicable laws and ordinances. 8.16.075 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 individu- ally responsible to take any action reasonably necessary to -25- assure the humane care and treatment of the horses under their control. SECTION 4. That section 11.36. 120, Salt Lake City Code, pertaining to criminal mischief be, and the same hereby is, amended to read as follows: 11.36.120 Criminal mischief. A. A person commits criminal mischief if: 1. 2. 3. He or she recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, horse or carriage, operating under the provisions of chapter 5.37 of these ordinances, or its successor, bus, airplane, boat, locomo- tive, train, railway car or caboose, whether moving .or standing. B. *** SECTION 5. Effective Date. This ordinance shall take effect immediately upon publication. Passed by the City Council of Salt Lake City, U h, this sth day of August 1989. VI Mff at CHA RPER O ATTEST: CitrY R DER -26- Transmitted to the Mayor on August 9, 1989 Mayor' s action: 81q1Bg Approved Vetoed. MAYOR ATTEST: Ale&-AL CI E R (SEAL) Bill No. 52 OF 1989. Published: August 16,?qgg — LVS:rc -27-