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2018-180 Horse Drawn Carriage and Horse Back Riding Permit InformationDate: December 14, 2018 Report No. 2018-180 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide an overview of the process used by area municipalities to permit horse riding and/or horse- drawn carriages on public roads and information on how a similar provision could be implemented in Denton. BACKGROUND: During Concluding Items on November 27, 2018, Mayor Pro Tem Ryan requested information about the City’s current regulations regarding riding horses and the use of horse-drawn carriages within City limits. A brief write-up was included in the November 30 Friday Report that explained the Code of Ordinances currently prohibits horse riding and the use horse-drawn carriages on all public property, including the paved roadway (attached as item N. in Exhibit 1). Current code exceptions can be granted by the Chief of Police for special events including parades. Following that report, Mayor Pro Tem Ryan requested additional information on the practices used by other municipalities to permit horse riding and/or the use of horse-drawn carriages and what could be done to modify the City of Denton’s current horse riding and horse-drawn carriage restrictions. Staff polled Arlington, Colleyville, Dallas, Flower Mound, Fort Worth, Highland Park, Highland Village, McKinney, Plano, and Ponder and summarized the practices used by these cities below: Horse-Drawn Carriages Several area municipalities currently permit the use of horse-drawn carriages on public roads through their vehicle for hire ordinances. Area horse-drawn carriage permits generally include the following:  Permit fee o Area permit fees for horse-drawn carriages average $100 annually;  An outline of health, safety, and sanitation requirements for the animal;  Safety requirements for the carriage;  Driver solicitation and conduct restrictions; and  An agreed upon route, pickup/drop off location, and hours of operation. o Most cities that allow horse-drawn carriages on City streets allow them in specific geographies such as downtown business districts or tourist areas. The City of Arlington has a comprehensive horse-drawn carriage ordinance including detailed requirements for health, safety, and sanitation requirements. This ordinance is attached as Exhibit 2. Horse Back Riding Staff also researched local municipalities that allow horseback riding on public streets. The majority of cities polled have restrictions similar to those in our Code of Ordinances prohibiting Date: December 14, 2018 Report No. 2018-180 horseback riding on public streets. The City of Fort Worth classifies horseback riders as “vulnerable road users” who must follow the same laws as bicyclists. DISCUSSION If the City Council provides staff direction to allow horse-drawn carriages or horseback riding on public roads in Denton, a number of steps will be required including:  Create and approve a new ordinance that either amends or repeals the existing ordinance.  Draft and approve a new ordinance that clearly defines requirements and enforcement mechanisms. Following the structure that many other cities follow, this ordinance could be placed within Chapter 27 of Denton’s Code of Ordinances which regulates Vehicles for Hire. ATTACHMENTS Exhibit 1 – Horse-Drawn Carriages and Horses on Public Streets Exhibit 2 - Section 8.06 Horse-drawn Carriage Service – City of Arlington STAFF CONTACT: Stuart Birdseye Management Analyst (940) 349-8009 stuart.birdseye@cityofdenton.com location and will provide student residents with a more direct connection to the UNT campus. Staff contact: Pritam Deshmukh, Capital Projects K. DME Locust Substation Connection Construction Update – DME is in the process of completing power line work needed to energize the new Locust Substation in February 2019. Chapman Construction has started to rebuild the transmission line that spans Collins, Carroll, and Ft. Worth Drive. New galvanized poles will replace the aging wood poles that are currently in place and provide an enhanced level of structural integrity. The project will result in the closure of Collins Street from the intersection of Carroll Blvd. to approximately two blocks west for various periods of time. Intermittent lane closures on Carroll Blvd. will also be required to insure the safety of motorists and contractors. This project segment should be completed by mid-December. Following completion of this work, the final work needed to energize the new Locust Substation will take place on Locust Street near the substation. Staff contact: Chris Lutrick, DME L. Wayfinding Signage Project – Phases 2 and 3 of the Wayfinding Signage Project will be completed the week of Dec. 3. Color-Ad, the company manufacturing and installing the wayfinding signs, is in town through next week installing signs. Phase 2 and 3 includes several Downtown Gateway signs and over 100 vehicular directional signs. This is the last phase under contract with Color-Ad. Future project phases, including wayfinding signage along I-35, will be brought to the City Council for consideration and direction. Staff contact: Ron Menguita, Development Services M. Fireside Park Development – Staff and City Council has received several inquiries regarding the Fireside Park Development (with an attached Final Plat) that is going in the Northridge area. Representatives from the City Manager’s Office, Capital Projects, and Development Services met on Friday, Nov. 30 to discuss a communication plan with residents. During that meeting, staff decided to broaden the scope of a previously planned public meeting on the Hinkle-Magnolia Drainage project to discuss the site plan, project layout, and review process that was involved with the approval of this project. The public meeting will take place on Wednesday, Dec. 12 from 6:30-8:00 p.m. at the North Lake Park Recreation Center. Staff will provide additional information about plans for the Dec. 12 meeting in the Dec. 7 Friday Report. Staff contact: Mario Canizares, CMO N. Horse Drawn Carriages and Horses on Public Streets - During the closing comments of the November 27, 2018 City Council Meeting, Mayor Pro Tem Ryan requested information about riding horses and horse drawn carriages within City limits. Section 6-28 of the Code of Ordinances prohibits horses and horse-drawn carriages on any public property including the paved roadway. However, horses may be ridden on the unimproved or unpaved portion of the right-of-way, and the chief of police may authorize horses to be ridden on the road during a parade. Staff contact: Stuart Birdseye, Public Affairs O. Upcoming Construction Project Public Information Meetings- the City of Denton has scheduled five public information meetings throughout the month of Arlington Horse-drawn Carriage Ordinance Section 8.06 Horse-drawn Carriage Service A. Certificate holders, applicants and drivers operating a horse-drawn carriage service shall be governed by the provisions of this Article in addition to all other applicable Articles and fees as approved by City Council resolution. B. A proposed detailed route system of an equine-drawn vehicle for hire shall be submitted to the Public Works Department for review, recommendation and approval. The Public Works Department shall designate streets, traffic lanes and hours of the day that equine-drawn vehicles will be permitted. A route system shall be submitted for each vehicle to be placed into operation. This detailed route system shall include the following information: 1. The hours of operation for the vehicle. 2. The days of the week the vehicle will be in operation. 3. The duration of the operation, i.e., summer only or year-round. 4. All locations for loading and unloading passengers. C. A horse-drawn carriage may operate only on the streets and designated traffic lanes and during the times proposed in the application for the certificate and approved by the Public Works Department. D. Holders and drivers are subject to the following regulations regarding fares: 1. A driver or holder shall not charge a fare for operating a horse drawn carriage service that is inconsistent with the rates authorized in the holder’s certificate. 2. A holder desiring to change the authorized rates of fare must submit a written request to the Administrator. 3. The rates listed in the holder's certificate must be strictly adhered to and no change in rates may be implemented without review of the Administrator. 4. The holder shall provide each driver with rates of fares, which rates shall be available to passengers upon request. E. All horse drawn carriages shall comply with the following safety, condition, appearance, equipment, sign and marking regulations: 1. Holder shall keep its equipment in a neat, clean, operable and safe condition, and attractive to the general public. 2. Holder shall identify each carriage with the name of the entity holding the certificate and shall number each of the vehicles; such letters and numbers shall be at least one (1) inch in height. 3. Each carriage operating in the City pursuant to this article shall have the following lighting and reflector equipment: a. Vehicle rear shall have: (1) One (1) or two (2) lamps displaying red lights which shall be at least four (4) inches in diameter and use a bulb of at least thirty-two (32) candlepower. If only one (1) lamp is used, it shall be mounted as far to the left, towards the front, as possible. (2) Two (2) red reflectors which shall be at least three (3) inches in diameter or seven (7) square inches in diameter. The reflectors shall be mounted below the lamps, but not lower than two (2) feet from the ground. b. Vehicle front shall have: (1) At least one (1) lamp displaying a white light. The lamp shall be at least four (4) inches in diameter and use a bulb of at least thirty-two (32) candlepower. (2) If only one (1) lamp is used, it shall be mounted as far to the left, looking forward, as possible and shall not be obscured from view by the driver, the passenger or the horse pulling the vehicle. (3) The lamp shall be mounted no less than two (2) feet from the ground. c. Sides of vehicle shall have: (1) Two (2) white, yellow or amber reflectors that shall be mounted on each side of the vehicle. (2) The reflectors shall be at least three (3) inches in diameter or seven (7) square inches. (3) Such reflectors shall be mounted no less than two feet from the ground. d. Front legs of horse shall have: (1) A reflective wrap that shall be worn by a horse on each of its front legs. (2) The wraps must cover at least from the horse's ankle to the knee. 4. The lamps required by this section shall be in use and operational during nighttime hours beginning one-half (1/2) hour before sunset and at any other time when weather conditions cause reduction in visibility. 5. All horse-drawn carriages shall display a "slow moving vehicle" emblem on the center rear body of the vehicle. The emblem shall be a thirteen and three-fourths (13 3/4) inch fluorescent orange triangle with a one and five-eighths (1 5/8) inch red reflective border. The emblem shall meet the current standards adopted by the "American Society of Agricultural Engineers," shall be visible in daylight or at night when illuminated by the lower beams of headlamps for a distance of not less than five hundred (500) feet and shall be mounted not less than three (3) feet from the ground. No decorative trim or any part of the vehicle shall cover or obscure any part of the emblem at any time. 6. All horse-drawn carriage wheels shall be firmly attached to the hub and shall not wobble excessively. All spring axles and supporting structures shall be intact without any visible breaks or deflection greater than incurred by a normal load. 7. Each horse-drawn carriage shall be equipped with a suitable and efficient manually operated braking mechanism designed for such carriage. 8. The harness attachment to the horse and to the carriage shall have safety devices to ensure that the horse cannot break away from its harness or the carriage. The driver shall inspect the harness each day prior to placing the carriage into service. 9. No equine will be worked without a padded saddle or a bit that is approved by the Administrator. 10. The harness must be oiled and cleaned so as to be soft at all times. 11. All pads must be clean and kept soft at all times. 12. The harness will be properly fitted and maintained and kept free of makeshift material such as wire, sisal rope and hazardous rusty chain. 13. Vehicles for hire pulled by equine must be properly lubricated and wheels must spin freely. Such vehicles for hire must be inspected and approved for service by the Administrator annually, but are subject to removal of service pending repair and reinspection. 14. Vehicles shall conform to the following specifications: a. The wheel base shall be equal to or less than 14 feet. b. The total overall length of the vehicle shall be equal to or less than 28 feet. c. The maximum overall width of the vehicle shall be equal to or less than 78 inches. d. The tires shall be rubber or other resilient material. Metal tires shall be prohibited. e. The vehicle right turn radii shall not be greater than 12 feet for the right rear wheel and 24 feet for the left front wheel. f. The vehicle shall be drawn by no more than two equine, except at parades and at special events approved by the Administrator. 15. No equine shall pull a vehicle for hire unless such equine is wearing a diaper. Diapers must be properly fitting and constructed of a sturdy material to ensure comfort to the equine and complete waste disposal. G. Holders and drivers shall comply with the following provisions regarding condition and treatment of horses and routes: 1. Each year, before any horse is brought into service, a licensed veterinarian who specializes in equine medicine must examine the horse. 2. A holder shall annually submit a complete state certificate of veterinarian inspection to the Administrator. 3. Any horse brought into service must: a. Weigh at least one thousand (1,000) pounds; b. Be a gelding or a mare; and c. Be at least three (3) years old. 4. A holder shall be responsible for maintaining the following information for each horse brought into service: a. Current veterinarian examination record; b. Current picture of the horse; and c. Immunization record of rabies, tetanus, influenza and Eastern and Western equine, updated annually. d. Coggins test with negative results as required by state law. e. Fit for service in pulling vehicles for hire. 5. All holders shall provide horses with sufficient, wholesome and appropriate food and fresh potable drinking water. While working, each horse shall be permitted to eat at reasonable intervals and have access to drinking water when necessary. In addition, if the equine works more than ten hours in any 24-hour period, there shall be at least one 20-minute rest break or two ten-minute rest breaks per hour. 6. All holders shall keep all routes clean and free of horse excrement. The failure to keep all routes clean is grounds for suspension or revocation of the certificate. 7. A horse shall not be left unattended except when confined to a stable or other enclosure. 8. No driver of an equine-drawn vehicle for hire may whip an equine with more than a light touch by a whip approved by the Administrator. 9. No equine shall be used to pull a vehicle for hire without properly fitting shoes on each properly trimmed hoof. Should an equine throw a shoe during its shift, the time and location must be noted on the trip sheet, and the hoof must be examined by the driver and any nails removed. The equine may complete the fare, but must be shod prior to the next day's shift. 10. A holder may not work a horse when the temperature at any City site monitored by the National Weather Service is reported to be at or below thirty (30) degrees Fahrenheit. 11. A horse cannot work more than two (2) hours when the temperature is reported by the National Weather Service to exceed ninety-five (95) degrees Fahrenheit. 12. A horse cannot work more than two (2) hours when the combined temperature and humidity index for Arlington exceeds a numerical value of one hundred fifty (150), as measured by the National Weather Service. 13. The equine shall have no open sores or wounds, shall not be lame or have any other ailment. Any equine found to have an ailment shall not be used without the approval of an approved veterinarian. 14. The equine must be groomed daily and not have fungus, a dirty coat or exhibit symptoms of illness or irritation. 15. The equine must have adequate flesh and muscle tone. 16. The equine must be no more than six months pregnant. 17. No equine used as provided in this article shall be worked under any of the following conditions and any holder or driver permitting equine to be worked under any of the following conditions will be found in violation of this article: a. Pull any combined weight, including passengers and driver, in excess of two times the equine's body weight. No equine or combination of equine shall pull any vehicle which is occupied by a number of persons which exceeds such vehicle's normal safe seating capacity; b. Move at a speed faster than a slow trot. A slow trot means a speed of five to 15 miles per hour; c. Work more than 50 hours in any seven-day period or if the equine works more than five consecutive days; d. Work with equipment, other than normal blinders, which causes an impairment of vision; e. Subject to any condition or treatment which will impair the good health and physical condition of the equine; or f. Subject to any conditions that constitute a violation of Texas Penal Code Section 42.09 or Animals Chapter Section 9.07 referencing cruelty to animals or care and humane treatment of animals. 18. For purposes of this section, working hours of equine shall include time spent on rest breaks and all the time equine is available for hire. 19. The Administrator shall have the authority to implement programs to ensure public safety. H. Holders and drivers shall comply with the following provisions regarding operating regulations: 1. Vehicles shall travel in the curb lane except when passing parked vehicles or other obstructions which prevent use of the curb lane. 2. Vehicles shall not travel on streets with grades equal to or greater than ten percent without approval of the Administrator and Public Works Department. 3. Vehicles shall not stop within the roadway other than at designated loading and unloading areas except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. 4. Drivers shall observe all applicable rules of the road in accordance with the State of Texas Transportation Chapter and all applicable ordinances. 5. The driver of an equine drawn carriage shall: a. Possess and display at all times his or her license to operate an equine-drawn carriage in the front/passenger compartment of the carriage. b. A driver shall not drive a carriage when a passenger is standing in the carriage or not seated securely inside of the carriage. c. A driver shall provide humane care and treatment of the equine under his or her direct supervision and control. d. No person shall drive or operate an equine drawn carriage on any public street in the city at any hour other than those so designated by the Public Works Director or his designee. I. Each certificate holder for the operation of a horsedrawn carriage service shall comply with the following provisions regarding insurance. 1. Each certificate holder shall purchase and keep in full force and effect liability insurance. 2. The minimum insurance required under this section must: a. Be obtained from a carrier that is admitted and licensed to transact insurance in the State of Texas; b. Be written on an occurrence basis; c. Cover any and all carriages and drivers in the holder’s fleet and all drivers of such vehicles; d. Be acceptable to the City’s Risk Manager; e. Name the City of Arlington and its officers and employees as additional primary insured; f. Provide minimum coverage in an amount no less than five hundred thousand dollars ($500,000) combined single limit liability per occurrence; g. Provide that all claims will be paid on a first dollar basis by the insurance provider; h. Not be obtained from an assigned risk pool; i. Not contain policy exclusions that would change or limit coverage for passengers entering or exiting vehicles; and j. Provide that all vehicles permitted to operate under the certificate are listed as scheduled vehicles covered under the policy. 3. All liability insurance coverage must include a rider that provides that at all levels of coverage, there must be notification to the City in writing not less than thirty (30) days before canceling or making a material change in the policy. 4. The holder shall not have operational control in any insurance company providing coverage to the vehicles operated under the certificate.