Sec. 33-431. - Hours of operation.

(a)

The director shall establish the hours during which a driver may operate a horse-drawn carriage as a rule or regulation in accordance with sections 33-004 and 33-005

(b)

Irrespective of subsection (a) above, horse-drawn carriages shall not be operated in the King William District during the following hours:

(1)

After 10:30 p.m., Monday through Sunday; and

(2)

Before 12:00 p.m. on Sundays.

(c)

Irrespective of subsections (a) and (b) above, all carriage service operations shall be suspended whenever the ambient weather temperature is at or exceeds 95°F as reported by the national weather service; interpretation and/or enforcement of this provision shall be solely by officers hereunder given the power to enforce this chapter and/or by veterinarians employed with or contracted by the city.

(d)

No holder or driver shall permit or allow any horse being used for hire over which he has control to be outside the stable grounds except during the above-specified hours and/or except pursuant to separate authority granted by the director.

(Ord. No. 70819, § 1, 12-21-89; Ord. No. 70903, § 1, 1-11-90; Ord. No. 2010-01-14-0116, § 5, 1-14-10)

Sec. 33-432. - Routes.

Horse-drawn carriage routes shall be established by the director as a rule or regulation in accordance with sections 33-004 and 33-005.

(Ord. No. 70819, § 1, 12-21-89; Ord. No. 70903, § 1, 1-11-90; Ord. No. 99741, § 10, 9-16-04; Ord. No. 2010-01-14-0116, § 6, 1-14-10)

Sec. 33-433. - Carriage stands and horse feeding and watering locations.

Passenger pick-up carriage stands and stationary horse feeding and watering locations shall be only at areas designated by the director to be for these purposes. The director shall establish said stands and locations as a rule or regulation in accordance with sections 33-004 and 33-005. Holders and/or drivers shall not allow or permit carriage stands at other locations except for discharge of passengers. Rules for the use of carriage stands will be established by the director and shall be complied with.

(Ord. No. 70819, § 1, 12-21-89; Ord. No. 70903, § 1, 1-11-90; Ord. No. 2010-01-14-0116, § 7, 1-14-10)

Sec. 33-434. - Maintenance of routes, carriage stands and horse feeding and watering locations.

(a)

A holder shall, at his own expense, keep routes, carriage stands and stationary horse feeding and watering locations clean, sanitary and free of animal excrement. To ensure compliance, attached to the carriage's shafts shall be a diaper device, enclosed on three (3) sides, of dimensions approved by the city manager.

(b)

Disposal of manure shall be by transport to stables and shall be the responsibility of the holder.

(Ord. No. 70819, § 1, 12-21-89; Ord. No. 70903, § 1, 1-11-90)

Sec. 33-435. - Refusal to convey.

While operating a horse-drawn carriage, a driver's refusal to convey a person requesting service shall be a violation of this chapter. It shall be an affirmative defense to prosecution under this section that:

(1)

The driver was engaged in answering a previous call for service;

(2)

The driver had good reason to believe that the person requesting service was engaged in unlawful conduct; or

(3)

The driver was in reasonable fear of his personal safety.

(Ord. No. 70819, § 1, 12-21-89; Ord. No. 70903, § 1, 1-11-90)

Sec. 33-436. - Additional passengers.

On any one trip, no driver shall pick up or permit to ride in a horse-drawn carriage over which he has control any passenger(s) other than the one(s) first employing the carriage. It shall be an affirmative defense to prosecution under this section that consent of the person(s) first employing the horse-drawn carriage was secured prior to the additional passenger(s) being picked up or permitted to ride therein.

(Ord. No. 70819, § 1, 12-21-89; Ord. No. 70903, § 1, 1-11-90)

Secs. 33-437—33-440. - Reserved.