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HomeMy WebLinkAboutOrdinance - 9287-1989 - Amending Chapter 27 Code Of Ordinances Adding New Article VII Use Horse Drawn - 06/08/1989II II i! DGV:js First Reading June 8, 1989 Item #35 Second Reading June 22, 1989 Item #11 ORDINANCE NO. 9287 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE VII PERMITTING AND REGU- LATING THE USE OF HORSE DRAWN VEHICLES AS VEHICLES FOR HIRE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock has determined that it would be in the best interest of the citizens of the City of Lubbock to permit and regulate the use of horse drawn vehicles as vehicles for hire; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 27 of the Code of Ordinances of the City of Lubbock BE and is hereby amended by adding thereto a new Article VII which shall read as follows: ARTICLE VII. HORSE DRAWN VEHICLES DIVISION 1. GENERALLY Sec. 27-210. Applicability of and compliance with this Article. It shall be unlawful for any person to rent, hire or operate for hire upon the streets of the city a horse drawn vehicle, unless the provisions of this Article have first been complied with and said per- son has obtained a valid horse drawn vehicle service permit and has complied with all requirements of the State of Texas regarding the use of such vehicles. Section 27-211. Definitions. As used in this Article, the following words and terms shall have the meaning ascribed to them in this Section. Horse drawn vehicle shall mean any device for hire in, upon, or by which any person is or may be transported upon a public way which is drawn by a horse. Horse means an animal of the genus equus. Operate shall mean the transportation of a passenger or passen- gers for compensation by means of a horse drawn vehicle. Sec. 27-212. Records. Every holder of a permit to operate a horse drawn vehicle ser- vice in the city under provisions of this Article shall establish, keep and maintain a uniform system of records of such business and its operations. Every permit holder shall file a verified annual report with the City Secretary not later than the twentieth (20th) day fol- lowing the date of expiration of his annual permit. The report shall contain the following information: (1) All income the permit holder has received from the permitted business during the permit year. (2) All business expenses of the permit holder incurred in the per- mitted business during the permit year. (3) All capital equipment purchased by the permit holder and used in connection with the permitted business during the permit year. (4) The total number of trips on hire made during the permit year. Said report shall be reviewed by the City Manager or his designated representative and the City Manager or his designated representative may request such other information pertaining to the permitted service as may be necessary to determine the quality and sufficiency of the services rendered by the permit holder. Sec. 27-213. Report. The City Manager or his designated representative shall report to the City Council on the permit holder•s operation after the review of the permit holder•s annual report has been completed. Sec. 27-214. Equipment. Horse drawn vehicles shall meet all requirements of the State of Texas applicable to such vehicles, including required lighting, re- flectors, tires or wheels and slow moving vehicle emblems. In addi- tion thereto, all horse drawn vehicles shall meet the following requirements: (1) All horse drawn vehicles shall be equipped with a pressurized container of water and a suitable disinfectant for washing down urine deposited on City roadways. (2) All horse drawn vehicles shall carry a container with a tight fitting lid to contain droppings, along with a suitable shovel or scoop, or, in the alternative, the harness of each horse - 2 - shall be fitted with a great basket or other container at the rear of each horse to catch droppings. Sec. 27-215. Inspections. Horse drawn vehicles shall be inspected,annually by City garage personnel for compliance with State laws pertaining to horse drawn ve- hicles and for cleanliness and sanitary condition. In particular such vehicles shall conform to the requirements of the Texas traffic regu- lations, Vernon's Ann.Civ.Stat., Art. 6701d, §122(e) as to lighting and reflectors, §135 as to tires, and §139B as to slow moving vehicle emblems and to such other regulations as may be placed on such vehi- cles by the State. Sec. 27-216. Additional equipment. It is further recommended that horse drawn vehicles be equipped with such other lighting or safety equipment as may make the operation of such vehicles as safe as possible, including additional lighting, emergency stop flashers, additional reflectors; emergency or parking brakes to resist runaways; and a first aid kit. Sec. 27-217. Rates. (a) Every holder of a permit to operate a horse drawn vehicle under the provisions of this Article shall file with the City Secre- tary a schedule of rates setting forth all rates to be charged to passengers. (b) Thirty (30) days prior to the implementation of any rate increase, the permit holder shall file the proposed schedule of rates with the City Secretary along with sufficient financial information to justify said increase. (c) The City Council may, within thirty (30) days of the ini- tial rate filing or of any subsequent rate increase filing, review the propriety of such rates and determine if such rates are reasonable and in the public interest. Such review shall be conducted as a public hearing and the permit holder may show cause why such rates are not unreasonable. At the conclusion of the hearing, the City Council shall determine if such rates are reasonable. If such rates are found to be reasonable, they shall be allowed. If such rates are found to be unreasonable, then the City Council shall establish reasonable rates which shall be effective until such rate may be increased in accordance with the provisions of this Article. - 3 - Sec. 27-218. Horses. Each horse shall b.e· inspected and certified as to its good health every six (6) months by a licensed veterinarian. This certifi- cation will be submitted to the City Secretary and is a prerequisite for issuance or renewal of a permit issued pursuant to this Article. No horse shall be worked longer than six (6) continuous hours without water, feeding and rest. Horses shall not be whipped unless necessary for the safety of the animal or passengers. Horses shall not be over- worked. Each animal shall have its own custom fitted harness. No horse with an open sore or wound, or which is lame or has any other ailment shall be worked. Each horse shall be groomed daily. No horse shall be allowed to pull more than seven (7) passengers, including the driver. No horse shall be worked during times when the combined tem- perature and humidity index exceeds a numeric value of 150. Each horse shall have an identification number tattooed upon it to ensure compliance with this Article. The City Secretary shall maintain a record of identification numbers of horses proposed to be used by any person obtaining a permit pursuant to this Article. If any horse is replaced, the permit holder shall provide the identification number and veterinarian's certificate to the City Secretary prior to placing such horse in service. Sec. 27-219. Time of Operation. No horse drawn vehicle shall operate before 7:00 A.M. nor after midnight. Sec. 27-220. Drivers. Drivers must be at least eighteen (18) years of age and shall be able to read, write and speak the English language. In addition, they shall hold a valid Texas driver's license and the business owner shall be required to file a notarized statement for each driver employed that the driver is experienced and competent to handle their vehicle and horses in city traffic. DIVISION 2. PERMITS Sec. 27-221. Required; application; fee; contents; transfer. Every person desiring to engage in the business of operating horse drawn vehicles shall make application in writing to the City Secretary on a form provided for that purpose. Such application shall contain the name, address and telephone number of the true owner of the business; the type and number of vehicles to be operated; the identification number and veterinarian's certificate of the horses to , be used; the name, driver's license number and certificate of compe- - 4 - tency of the drivers to be used; and such other information as may be deemed necessary by the City Manager. This application shall be sworn to as correct by the applicant and shall be accompanied by an annual permit fee of Sixty Dollars ($60.00) for each vehicle to be permitted. Sec. 27-222. Permit contents. (a) Every permit granted for operation of horse drawn vehicles shall contain the following provisions: (1) That the permit is granted for one (1) year from its effective date with renewal annually thereafter upon compliance with this Article and payment of the Sixty Dollars ($60.00) annual permit fee per vehic-le, unless upon review by the City Manager it is found that the permit has become subject to cancellation or forfeiture for good cause. (2) That the permit holder shall be required to comply with all ap- plicable terms and provisions of this Article and Article I of this Chapter and all amendments hereafter made during the term of the permit. (3) That the permit will be subject to cancellation or forfeiture upon conviction of any violations of this Article or upon a showing that the permit holder has substantially breached the terms of his permit. (4) That the permit will become subject to cancellation or forfei- ture upon the holder becoming delinquent in the payment of any ad valorem taxes upon any equipment or property of the holder used directly or indirectly in connection with the permitted business. (5) That the permit holder will keep and maintain complete records of all physical property, daily records of revenue (segregated by drivers and vehicles), daily manifests of all drivers and a complete record of all expenses incurred in connection with the actual operation of the permitted business, maintenance of equipment and all revenues derived from such business. (6) That the permit holder will own, lease, contract for or other- wise legally control every vehicle and horse authorized by this permit. (7) No grant, right or privilege, whether by permit or otherwise, afforded any person under this Article shall be transferable to any other person without written application to the City Manager and approval of such transfer by the City Manager. - 5 - (8) Nothing in this permit shall be construed as granting to the permit holder a franchise to use city streets. (b) There may be incorporated into permits issued under this Article such other provisions as are deemed appropriate by the City Manager. Sec. 27-223. Prerequisites to issuance, hearing. No permit to operate horse drawn vehicles shall be issued pur- suant to this Article until after the City Council shall hold a public hearing on the application to consider whether public convenience and necessity will be served by the issuance of such permit. In such de- termination, the City Council shall consider the following factors: (1) The financial responsibility of the applicant. (2) The number, kind, age and type of equipment to be used by the applicant. (3) The probable effect of the service on local traffic conditions. (4) Whether the safe use of the streets of the city by the public, both vehicular and pedestrian, will be endangered by the grant- ing of this permit. (5) The character, experience and responsibility of the applicant. (6) Whether the applicant is fit, able and willing to perform the service on a regular and continuous basis. Sec. 27-224. Additional vehicles or services. Additional vehicles may be placed in service by the permit holder upon compliance with the provisions of this Article with regard to equipment, inspection and insurance with the approval of the City Manager unless the number of such vehicles shall exceed double the number approved initially. In such an event, a public hearing on the convenience and necessity for such increased service shall be conducted by the City Council as set forth hereinabove. Sec. 27-225. Replacement of vehicles in service. A permitted vehicle may be removed from service and replaced with another vehicle meeting the requirements of this Article. - 6 - Sec. 27-226. Insurance required. Before any permit to operate a horse drawn vehicle service in the city shall be effective, the holder shall procure and furnish to the City Secretary, and thereafter keep in full force and effect a policy of public liability and property damage insurance issued in the amounts required by this Article. Every such policy shall insure all of the vehicles owned, leased or contracted for by the permit holder and shall inure to the benefit of any person who shall be injured or who shall sustain damage to property as a result of the operations of the permit holder, his servants or agents. The insurer shall be obli- gated to pay all final judgments which may be rendered for loss or damage to p~rsons or property by reason of the permit holders opera- tions. Every such policy of insurance shall be issued by an insurance company organized and existing under the laws of the State of Texas or having a valid permit to do business in the State of Texas and having an agent for service in the City of Lubbock. Sec. 27-227. Insurance amounts. The minimum public liability and property damage insurance re- quired under this Article shall be as follows: (1) For damages arising out of bodily injury to or death of one person in any one accident ..............••.•..•••.••...••...•.... $20,000.00 (2) For damages arising out of bodily injury to or death of two (2) or more persons in any one accident ......•....•.•.......•..•.•.... $40,000.00 (3) For property damage in any one accident ..••.••• $20,000.00 Sec. 27-228. Termination or impairment of insurance. Every insurance policy required by this Article shall contain an endorsement that cancellation of such insurance policy shall not be- come effective before fifteen (15) days after notice, in writing, to the City Secretary of such cancellation. All policies of insurance shall contain a provision for continuing liability thereon up to the full amount of the policy notwithstanding any recovery thereon. Loss of insurance coverage shall be grounds for cancellation or forfeiture of the horse drawn vehicle permit. SECTION 2. THAT violation of any of the provisions of this Ordinance shall be deemed a misdemeanor and shall be punishable by a fine not exceed- ing Two Hundred Dollars ($200.00). - 7 - SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or void for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an al- ternative method of publication provided by law. Passed by City Council 1989. Passed by City Council 1989. APPROVED AS TO CONTENT: APPROVED AS TO FORM: AND IT IS SO ORDERED. on first reading this 8th day of _.....;;J:;.;:u:.;.:;.ne.;:;_ __ on second reading this 22nd day of June d. (_ ./1( .:Q ,. B. C. McMINN, MA~ - 8 - Subscribed and sworn to before me this FORM 58·10 •'." . .. . . · .. · ,. '. • .. .-.... ·-: . R-158 SECOND READING ORDINANCE$ ORDINANCE NO. 9271 . AN ORDINANCE AMENO. lNG CHAPTER 6, ARTICLE 11 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK. TEX· AS, ENTITLED "BUILDING COoE", BY ADOPTING THE UNIFORM BUILDING CODE, 11184 EDITION, • SETTING FORTH GENERAL SPECIFICATIONS FOR BUILOINGt COIOIRECTING TYPOGRAPHICAL ERRORS AND NUMBERING ERRORS; ESTAB· LISHING PERMIT AND FEE RE· QUIREMENTS; DELETING DU· PLICATION$ OF REGULATION· PROVIDING A PENALTY; PRO. VIDING A SAVINGS CLAUSE• ___ _......_,.....,._......JL.J.>o~..&."'-'.._--f~~~ROVIQINGFOR PUBLICA: 11 day of ...:J:...:u:...:l...::;'!l ____ , 19 89 ORDINANCE lfo. f2n ORDINANCE NO. 9284 AN 0RDIN4NCE CREATING THE POSITION OF CITY MAR· SHAL OF THE CITY OF LUB· BOCK, TEXAS, PURSUANT TO SECTIONS 26.o.tl AND U!.oo.t OF THE LOCAL GOVERNMENT CODE OF THESTATEOFTEXAS AND ARTICLE 11. SECTIONS. OF THE TEXAS CONSTITUTION• PROVIDING FOR PERFOR: MANCE OF. A:S.SIGNED DUTIES BY ONE OR MORE CITY MAR· SHALS; PROVIDING FOR PAY FOR ONE OR MORE CITY MAR· SI1ALS; AND PROVIDING A SAY· INGS CLAUSE. ·.::, · ... · · .. :. ·.ORDINANCE NO. 9287 AN ORDINANCE AMEND- ING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK. TEXAS. BY AOO. lNG THERETO A NEW ARTICLE VII PERMITTING AND REGU. LATINO THE USE OF HORSE DRAWN VEHICLES AS VEHI· CLES FOR HIRE; PROVIDING A PENALTY; PROVIDING A. SAY· INGS CLAUSE AND PROVIDING FOR PUBLICATION. . · R·U8 . . . ,~· .·.