§ 76-242. Care of animals used for nonmotorized sightseeing vehicles.

(a)

Identification of animals. Before any animal is brought into service by a vehicle permit holder under this division, the vehicle permit holder shall assign a different number to each such animal which the vehicle permit holder intends to use, and shall affix the number assigned to each such animal by some appropriate method so that the number may not be easily removed or lost to ensure that the assigned number will remain on the animal to which it is assigned at all times as a positive means of identification which may be safely read at a distance of not less than three feet by a person with normal eyesight without touching the animal. Such number shall be used to identify each animal in all reports required by this section.

(b)

Examination of animals by veterinarian; certification of suitability. Before any animal is brought into service by the vehicle permit holder, the vehicle permit holder shall have it examined by a licensed veterinarian, to be commissioned by the city for such purposes, and who specializes in equine medicine. After the first examination every animal shall be held from service for 20 days. At the end of the 21-day holding period, the veterinarian shall conduct a second examination and shall certify in writing that the animal is suited for the use intended by the vehicle permit holder. Such certification shall identify the animal by the number provided for in subsection (a) of this section, by name and by physical description, and such certification shall specify the approximate hour of the day for and the specific minimum duration of mandatory rest periods, feeding and watering schedules and workload limits, stated in terms of adult passengers, for each type of carriage the animal will be required to pull, the permissible duration of the workday for each such animal stated in hours, and such other standards and requirements, taking into account such things as temperature extremes and terrain, as shall, in his or her professional judgment, be necessary to ensure the animal's well-being. For the purposes of this section, adult passengers shall include children, except infants carried by their parents, who shall not be counted for the purposes of calculating had limits. Each animal used by the vehicle permit holder shall be reexamined at least every three months by a licensed veterinarian specializing in equine medicine and approved for service in accordance with the standards established for that animal pursuant to this subsection, or in accordance with new standards as may be round necessary upon examination to ensure the animal's well-being. The autumn (pre-holiday season) and spring examinations shall be performed by a veterinarian to be commissioned by the city for such purposes. A copy of all such driver's certificates, reports and approvals shall be filed with the director by the vehicle permit holder. All costs associated with the examination of animals as required in this subsection, including those performed by veterinarians commissioned by the city, shall be the exclusive responsibility of the respective vehicle permit holder.

(c)

Vehicle log. Before the vehicle permit holder shall place any carriage or other horse-drawn conveyance into service, the vehicle permit holder shall identify such vehicle with the initials of the vehicle permit holder's name, followed by a dash and a number which shall not be the same as is used on any other horse-drawn sightseeing vehicle of the vehicle permit holder, with such letters and numbers being similar in size to those used on motor vehicle license plates by the state. Such identification shall be placed on the rear of each such vehicle and shall be of a color which contrasts with the background to ensure legibility from a distance. The driver of each such horse-drawn sightseeing vehicle shall maintain a current log in and for each such vehicle, identifying the vehicle and the animals being driven, periods of work and rest, number of trips per work period, number of passengers on each trip, and duration of each trip, and the load limit set by the vehicle permit holder's veterinarian for such vehicle with the animal being used. This log shall be presented, on request at any time, to the director or the animal health and public safety supervisor, or their investigators or enforcement officers. The driver shall log each entry required on a basis concurrent with the event. The driver shall display in or on the vehicle, in plain view of the passengers, a sign clearly specifying the maximum load limit of the vehicle. The vehicle permit holder shall be responsible to see that the drivers comply with the requirements of this subsection.

(d)

Authority of enforcement officers. The director and the animal health and public safety supervisor and their investigators and enforcement officers shall have the right to inspect the records of the vehicle permit holder at all times. They shall also have the right to require the vehicle permit holder or any driver of a horse-drawn sightseeing vehicle to remove from service any animal which is ill, overtired, undernourished, overloaded, injured or lame, in the opinion of a licensed veterinarian who specializes in equine medicine, or in the opinion of any such investigator or enforcement officer when, in the opinion of such investigator or officer, such an emergency exists that the animals life or health is threatened.

(e)

Violations.

(1)

It shall be unlawful for any person to violate or to fail, neglect or refuse to comply with any provision, regulation or requirement of this division.

(2)

A complaint may be initiated by filing a general ordinance summons in municipal court, based upon the director's own knowledge or information and belief; or upon a complaint signed by the witnessing complainant who shall be subpoenaed to testify.

(3)

In addition to other penalties provided in this Code, repeated violations of this section shall constitute evidence of the vehicle permit holder's inability to conduct business in accordance with the requirements of this article for purposes of revocation or renewal of vehicle permits required by this article.

(f)

Permitted animals. Certification of animals in accordance with subsection (b) of this section as being suited for the use intended by the vehicle permit holder shall be limited to animals weighing at least 1,000 pounds which are draft horse or draft crossbred-type animals. No stallions or pregnant mares may be used, except those already certified at the time of the passage of this division. Only those animals found by the veterinarian to have appropriate temperament for working with people and in traffic shall be certified.

(Ord. No. 150203 , § 2, 4-9-15)