An ordinance regulating the use and operation of Horse-Drawn Carriages within the area of The Metropolitan Government of Nashville and Davidson County.

WHEREAS, there is a need for the Metropolitan Government to ensure the public health, safety and welfare through the regulation of all vehicles for hire, including horse-drawn carriages; and

WHEREAS, the operation of horse-drawn carriages within the area of The Metropolitan Government of Nashville and Davidson County is currently unregulated by local, state or federal law;

WHEREAS, this unregulated status poses a threat to the health, safety and welfare of the citizens of The Metropolitan Government of Nashville and Davidson County, as well as the tourists and other visitors to this city; and

WHEREAS, the Metropolitan Transportation Licensing Commission is designated by Metropolitan Code of Laws section 2.100.030 as the exclusive body within the Metropolitan Government with jurisdiction to regulate the operation of all vehicles for hire.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. Title ____ of the Metropolitan Code is amended adding the following provisions:

ARTICLE I- Definitions

A Certificate of Public Convenience and Necessity (as it relates to this chapter) is a license granted, upon application and approval, by the Transportation Licensing Commission for the sole purpose of authorizing the certificate holder to provide transportation through an animal-drawn carriage and may hold one or more permits as defined under this Section.
A certificate holder is a person, company, corporation or association which has applied for, and been granted, a certificate of public necessity and convenience.
Commission (unless otherwise described) means the Metropolitan Transportation Licensing Commission as established by the Metropolitan Charter and Code of Laws.
Commission director is the Director/Executive Secretary of the Transportation Licensing Commission.
Commission inspector is an employee of the Metropolitan Transportation Licensing Commission authorized and trained to inspect horses and horse-drawn carriages.
A Carriage Permit is a permit issued by the Commission for an animal-drawn carriage to transport persons.
A Driver Permit is a permit issued by the Commission to drive and operate a horse-drawn carriage.
Permittee is a holder of any permit issued under this Chapter.
Metro is the Metropolitan Government of Nashville and Davidson County.
Traffic and Parking Commission is the Metropolitan Traffic and Parking Commission as established by the Metropolitan Charter and Code of Laws.

ARTICLE II - Certificate of Public Convenience and Necessity: Horse Drawn Carriage Service

Section 1- Required and Term.

No horse-drawn carriage shall be used or operated on a for hire basis by any person in the territorial jurisdiction of the Metropolitan Government without an owner or operator having first obtained a Certificate of Public Convenience and Necessity. Each certificate shall be valid for one year and shall be subject to renewal pursuant to the provisions set forth in this article.

Section 2- Application Information and Fees.

(a) Upon application (on a form devised by the commission director) and the payment of a fee of $100.00, a person may be issued an annual certificate to operate a horse-drawn carriage business subject to the approval of the Commission.
(b) All applications for a certificate of public convenience and necessity shall set forth:
(1) Name, home address and telephone number, date of birth, and social security number of the applicant(s);
(2) Business name (D/B/A), business address and telephone number if different from above;
(3) A list of current drivers employed by the business, with each driver's permit number indicated;
(4) The form of business of the applicant, i.e. corporation, partnership, sole proprietor. If the business is a corporation or any other form of association, a copy of the documents establishing the business and the name, address, and citizenship of each person with a direct interest in the business;
(5) A description of any past business experience of the applicant, particularly in providing horse-drawn carriage services. Identification and description of any revocation or suspension of operating authority imposed by any government against any license or permit held by the applicant before the date of filing the application and any litigation related to the operation of the business and accidents involving injury to persons or animals ;
(6) The number and description of carriages the applicant proposes to use in the operation of the service, including any identifying characteristics such as color, style and other markings;
(7) The number of horses the applicant proposes to use in the operation of the service along with a description and four separate and unobstructed color photographs of each animal (front, each side and rear), and a statement (not more than 30 days old) by a veterinarian certified by the State of Tennessee documenting that the horse has been examined and is approved as serviceable for its use in a carriage rental business and that there has been formulated and implemented a health maintenance plan for each horse. The commission may by rule require any necessary forms to implement this part;
(8) A description of the proposed service, including routes, rates or fares to be charged, and schedules, where applicable;
(9) Documentary evidence from an authorized insurance company indicating a minimum of $1,000,000 liability insurance held by the applicant as required by this chapter;
(10) The financial ability and responsibility of the applicant as reflected by a certified financial statement or, if an association, a full and complete statement of the amounts to be contributed monthly or annually by each member, insurance coverage to be provided, and other pertinent facts which may be required by the Commission, the Commission may by rule designate a specific financial statement to be submitted;
(11) Whether the applicant, or any employee, has been convicted, pled guilty, placed on diversion, probation or parole, or pled nolo contendere within a period of five years prior to the date of application for violation of any of the following criminal offenses under any local, state or federal law: homicide, rape, aggravated assault or battery, kidnapping, robbery, burglary, child molestation, any sex-related offense, leaving the scene of an accident, criminal solicitation, or any offense related to cruelty to animals or criminal attempt to commit any of above, perjury or false swearing in making any statement under oath in connection with the application for a driver's permit, or the felony possession, sale or distribution of narcotic drugs or controlled substances. If, at the time of application, the applicant is charged with any such offenses, consideration of the application shall be deferred until entry of a plea, conviction, acquittal, dismissal, or other final disposition of the charges;
(12) Documentary evidence of payment of ad valorem taxes owed on the real and personal property to be used in connection with the operation of the proposed service if the business establishment is located in the Metropolitan Government area;
(13) Any additional information, including business references, strategic plans and similar information, as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted;
(14) Any additional information as the Commission considers necessary to assist or promote the implementation or enforcement of this chapter or the protection of the public safety.

Section 3-Issuance and denial.

(a) Upon receipt of an application for a Certificate, the Commission shall issue such certificate valid for one year if it finds that the applicant meets all requirements of this article.
(b) In determining whether or not a certificate should be issued, the Commission shall give weight and due regard, among other things, to:
(1) The probable permanence and quality of the service offered by the applicant or association.
(2) The applicant's experience in rendering transportation service in the Metropolitan Government area, and the applicant's experience in prompt adjustment of claims and in payment of judgments, if any, to claimants as a result of injuries received from the negligent operation of vehicles for hire.
(3) The financial ability of the applicant or association to respond in damages based on certified audits, bank statements, letters of credit and similar financial documentation
(4) The stability of the business organization of the applicant, and the ability of the applicant to provide continuous, satisfactory and responsible service on a business-like basis, and to meet other organizational requirements set forth by the Commission.
(5) The character and condition of the vehicles to be used, which shall be determined by an inspection of each vehicle by the Commission or his designee as provided in this chapter.
(c) If the Commission finds that a certificate should be issued to an applicant for the operation of a horse-drawn carriage, the applicant will be issued a permit for each carriage.
(d) The owner, operator, or custodian of a horse engaged in a horse-drawn carriage service shall have a valid certificate available for immediate inspection by the commission director or a designee, commission inspector, a police officer, or an animal control officer at all times when a horse is on any street or public byway.
(e) If the commission director determines that the requirements of this chapter have not been met, and/or that an applicant should be denied operating authority, he or she shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal to the Commission.
(f) The Commission may determine by rule the date upon which permits will expire.

Section 4- Limitations and amendments.

(a) A Certificate must state on its face that it is for the exclusive purpose of operating a for-hire horse-drawn carriage service within the Metropolitan Government area. It may also contain other conditions and limitations deemed necessary by the Commission, including, but not limited to:
(1) Number and description of vehicles authorized;
(2) Number and description of horses to be used;
(3) Number of passengers that may be safely transported in each vehicle, based on the size of the vehicle and the type of horse pulling the vehicle;
(4) Places for loading or unloading passengers;
(5) Hours of operation and/or schedules and routes to be followed;
(6) Operating procedures;
(7) The use of special safety equipment;
(8) The use of special sanitary devices and special care procedures;
(9) Special conditions or limitations.
(b) A certificate holder commits an offense if he or she fails to comply with the conditions or limitations placed on the operating authority under which he or she is operating the horse-drawn carriage.
(c) Approval of temporary changes in authorized routes and hours of operation of a horse-drawn carriage must be requested from the Traffic and Parking Commission or its designee at least five business days before being implemented.
(d) The commission director may approve additional horses, carriages and drivers for a certificate holder without approval from the Commission. The Commission must approve any other permanent changes to a certificate of necessity and public convenience.
(e) If a horse-drawn carriage service experiences peak demand periods requiring more vehicles than are designated in its certificate, the certificate holder may request supplemental vehicles by submitting a written application for a temporary permit to the commission director. The application shall state the reason for the supplemental vehicles and identify the vehicles and horses to be used. The temporary permit fees will equal 50 percent of normal fees. Supplemental vehicles authorized by a temporary permit amendment under this section:
(1) May not be used for more than ten days, and expires 60 days after it is issued;
(2) Must comply with the vehicle requirements of this chapter;
(3) Must comply with the insurance requirements of this chapter; and
(4) Are subject to inspection by the commission director, who may (at any time) order unsafe vehicles or abused or tired horses to be removed from service.

Section 5- Change of ownership or address.

(a) If a certificate holder changes address or telephone number of the service, the certificate holder shall immediately notify the commission director. Failure to do so may result in disciplinary action.
(b) If there is a change of ownership or title to any carriage for the operation of which a certificate has been issued under this article, the certificate holder shall have the right to substitute within 30 days after sale, destruction or elimination of the carriage, another carriage of the same or similar type and construction and receive a new carriage identification sticker if the permittee complies with all other requirements of this article, subject to inspection.
(c) Change of ownership shall automatically revoke such certificate and the certificate shall be destroyed or returned to the Commission.
(d) Before any changes of licensed carriages, including additional carriages, horses or drivers or new ownership or address, shall be approved, the certificate holder shall file an amended certificate of insurance with the commission director indicating that the coverage required by this section is in force.

Section 6- Disciplinary Action.

(a) The Commission may place on probation, suspend or revoke a certificate holder if it is determined that the certificate holder, or any driver operating on behalf of the certificate holder, has:
(1) Made a false statement in the application;
(2) Failed to comply provisions of this chapter;
(3) Operated a service not authorized by the certificate;
(4) Failed to comply with the conditions and limitations of the certificate;
(5) Been convicted of a violation of local, state, or federal law, that indicates a lack of fitness of the permittee to perform a passenger transportation service;
(6) Been convicted of any felony offense while holding the permit;
(7) Failed to qualify for a certificate under any section of this chapter;
(8) Operated without appropriate permits and licenses issue by any other governmental entity;
(9) Engaged in conduct detrimental to the public safety; or
(10) Been convicted of any offense involving driving while intoxicated.
(b) Any certificate holder convicted of a violation of this chapter or any other local, state or federal law concerning the treatment of animals shall be denied a certificate under this chapter, or such conviction shall form the basis for the suspension or revocation of any certificate granted under this chapter.
(c) The commission director shall notify the certificate holder in writing with a notice of the proposed action to be taken and the general basis for the proposed action along with a "show-cause hearing" date before the Commission. The certificate holder shall have an opportunity to be heard by the Commission before the imposition of any probation, suspension or revocation.

Section 7- Operation of horse-drawn carriage after suspension.

(a) After receipt of notice of suspension, revocation, or denial of certificate renewal, the certificate holder shall, on the date specified in the notice, discontinue driving a horse-drawn carriage for hire inside the Metropolitan Government area and shall surrender the written certificate to the commission director.
(b) If the certificate holder appeals the suspension or revocation under this section, the certificate holder may continue to operate the horse-drawn carriage pending the appeal unless:
(1) The certificate of the certificate holder is suspended pursuant to subsection regarding felony arrest or violation of DUI laws;
(2) The commission director determines that continued operation by the certificate holder would impose an immediate threat to public safety.

Section 8- Appeals.

(a) Any person whose application for a certificate or renewal of a certificate is denied by the commission director may file a written appeal with the Commission within ten days. If an appeal is not made to the Commission within ten (10) days of the commission director's decision, the Director's decision shall be final. A letter addressed to the Commission and delivered to the Commission Office stating that an appeal from the decision of the commission director is desired shall perfect such appeal. The Commission, as soon as possible after receiving such notice of appeal, shall notify the applicant or certificate holder of the date and time of the hearing. The hearing shall be at least five days after the mailing of such notice. After the hearing of the appeal, the Commission shall sustain, modify or reverse the findings of the commission director, and shall notify the commission director and the applicant or certificate holder of its findings. The findings of the Commission shall be final, subject to any applicable legal processes.
(b) An applicant or association who has been denied a certificate or license by the commission director, and such denial has been upheld by the Commission or not appealed to them, shall not be allowed to make another application for six months from the date of the denial.

Section 9- Insurance Required.

(a) Before any certificate shall be issued by the commission director, or before the renewal of such certificate shall be granted, the applicant or association shall be required to file an insurance policy and/or certificate of insurance with the commission director evidencing insurance coverage as required in this section.
(b) Insurance coverage as provided in subsection (a) of this section means a policy of public liability insurance issued by an insurance company qualified to do business in the state and naming the Metropolitan Government as an additional insured. Any policy of public liability insurance issued in compliance with this article shall be for a term of not less than one year, and for any horse-drawn carriage insured there under shall afford protection to any third party sustaining injury or damage as a result of the negligent operation of any horse-drawn carriage, with the minimum amount of insurance to be $1,000,000.00, known as combined single limit insurance coverage. Such policy shall expressly provide that it may not be canceled, except after 30 days written notice to the commission director.
(c) Such certificate will certify that the policy provides for a minimum of $1,000,000 per carriage for liability imposed by law for damages on account of bodily injuries, death or personal damages, other than injuries, death or property damages of the company or driver, in any one accident resulting from the ownership, maintenance or use of such carriage. The certificate of insurance shall also list the serial number or identification number of each carriage that is insured.
(d) The operation of any horse-drawn carriage within Metro without having in force the public liability insurance policy as outlined in this section is hereby declared to be a violation of this article, subjecting the owner and/or certificate holder to all applicable penalties provided in this article and this chapter.
(e) Any changes must be reported to the Commission immediately.

Section 10- Records and reports.

(a) Each certificate holder shall maintain at a single location business records of its horse-drawn carriage business. The records must be maintained in a manner approved by the commission director and contain the following information:
An identification of the carriage used for each trip;
The number of trips made by each carriage on a daily basis;
An identification of the horse used for each trip and a statement of the periods of work and rest for each horse; and
Any other information the commission director determines necessary for monitoring the activities, operations, service, and safety record of the licensee.
(b) A certificate holder shall make its records available for inspection by the commission director, commission inspector or designated officials.

ARTICLE III- Driver's Permit

Section 1- Permit Required, Violations and Term

(a) No person shall drive or otherwise operate a carriage engaged in the for-hire horse-drawn carriage service unless he or she has a driver's permit. To qualify for a permit, an applicant must comply with all of the requirements and stipulations of this Chapter and any rules and regulations adopted by the Commission.
(b) A person commits an offense if he or she operates a horse-drawn carriage for-hire in the Metropolitan Government without a driver's permit issued by the Commission.
(c) A business commits an offense if it employs or otherwise allows a person to operate a horse-drawn carriage owned, controlled, or operated by the permittee unless the person has a driver's permit issued by the Commission.
(d) Each permit shall be valid for one year and shall be subject to renewal pursuant to the provisions set forth in this article.

Section 2- Qualifications

(a) An application for a Horse-Drawn Carriage Driver Permit shall be filed on forms provided by the Commission.
(b) Such application shall contain the following information:
(1) The name, residential address, telephone number and date of birth of the applicant. No applicant under twenty-one years of age will be approved for a permit.
(2) The names, addresses, telephone numbers, and signatures of four persons, at least one of whom is a resident of the state of Tennessee, who have known the applicant for a period of at least one year and who will provide information regarding the applicant as specified by the Commission;
(3) The applicant's experience in the transportation of passengers;
(4) The applicant's educational background;
(5) The applicant's recent employment history;
(6) The applicant's residential address for the last five years;
(7) Any other information mandated by the Commission by a rule.
(c) The applicant shall sign the application form and certify, under oath, as to the truth and completeness of the responses provided. The applicant shall provide the following documents in addition to the application form in order to submit a complete application:
(1) A valid Tennessee driver's license with proof of a special chauffeur's license issued by the state (Class D license with an 'F' endorsement, T.C.A. Chapter 7, Title 59);
(2) If a resident alien, a current work permit and/or other valid United States Immigration and Naturalization Service documentation, as required by the Commission;
(3) A current federal Department of Transportation (D.O.T.) medical card or comparable test results;
(4) A current federal Department of Transportation (D.O.T.) drug and alcohol test result. The Commission may establish by rule a system to randomly test for compliance with this requirement.
(5) The commission may designate by rule the requirements of a horsemanship course to be completed by applicants.
(d) Each application shall be accompanied by an official driver record issued by the Tennessee Department of Safety, no more than thirty days previous to the date of application.

Section 3- Ineligibility.

(a) The applicant shall be ineligible to receive a permit if:
(1) The applicant has been convicted, pled guilty, or pled nolo contendre in the last five (5) years for any of the following offenses involving bodily injury or death or in the last three (3) years for any of the following offenses not involving injury or death:
A. Hit and run;
B. Driving under the influence of an alcoholic beverage or drug;
C. Reckless or careless driving.
(2) For an initial permit, no more than three (3) moving violations within the last three (3) years and no more than two (2) moving violations in the last year will be allowed.
(3) For renewal permit, no more than four (4) moving violations within the last three (3) years and no more than two (2) moving violations in the last year.
(4) The applicant has been convicted, pled guilty, placed on diversion, probation or parole, or pled nolo contendere within a period of five years prior to the date of application for violation of any of the following criminal offenses under the laws of Tennessee, any other state or of the United States: homicide, rape, aggravated assault or battery, kidnapping, robbery, burglary, child molestation, any sex-related offense, leaving the scene of an accident, criminal solicitation, or any offense related to cruelty to animals or criminal attempt to commit any of above, perjury or false swearing in making any statement under oath in connection with the application for a driver's permit, or the felony possession, sale or distribution of narcotic drugs or controlled substances. If, at the time of application, the applicant is charged with any such offenses, consideration of the application shall be deferred until entry of a plea, conviction, acquittal, dismissal, or other final disposition of the charges.
(5) The applicant has been convicted of two or more felony offenses within the past ten years.
(6) The applicant has been convicted for a period of two years prior to the date of application of the violation of two or more sections of the Metropolitan Code or other ordinances governing the operation of vehicles for hire. If at the time of application the applicant is charged with any of the offenses listed in this section, consideration of the application shall be deferred until entry of a plea, conviction, acquittal, dismissal or other final disposition of the charges.
(7) The applicant has been convicted of any local, state or federal law related to cruelty to animals.

Section 4- Fees.

(a) To obtain an annual horse-drawn carriage driver's permit, or renewal of the permit, a person must file with the commission director a completed written application on a form provided for the purpose and a nonrefundable application fee and a fee for a police records search. The commission is authorized to establish the fees necessary to fulfill this part. The commission director shall require each application to state such information considered necessary to determine whether an applicant is qualified.
(b) All licenses shall expire annually on March 1, unless otherwise revoked, canceled or suspended.
(c) The commission director may renew permits for each successive year before March 1 of each year. A renewal fee shall be charged for each permit issued. A fee shall also be charged for all replacement or temporary horse-drawn carriage driver permits. Such fees shall be in addition to the cost of any investigation, and the commission shall have the authority to set the fees by rule.

Section 5- Investigation of applicant.

(a) The commission shall conduct an investigation of each applicant for a horse-drawn carriage driver's permit including all appropriate local, state and federal databases and/or sources of information. The commission may request the Metro Nashville Police Department to assist it in conducting the investigation, and the commission may adopt by rule such fees as necessary to cover any costs associated with this investigation.
(b) The commission director may conduct such other investigation, as he or she considers necessary to determine whether an applicant for a horse-drawn carriage driver's permit is qualified.

Section 6- Issuance; Permit to be posted.

(a) Upon approval of an application for a horse-drawn carriage driver's permit, the commission director shall issue a permit to the applicant, which shall bear the name, address, age, weight and other information deemed appropriate.
(b) Every driver shall at all times conspicuously display a permit either on the clothing of the driver's upper body or upon the carriage. A driver shall allow the commission director, commission inspector, animal control officer or a police officer to examine the license upon request.

Section 7- Denial; suspension; revocation; and appeal.

(a) The commission director may deny any applicant's license if he or she determines that the applicant fails to comply with any requirement of this Chapter. If the commission director denies a license, the applicant may appeal within ten days of such denial to the Commission for a hearing to determine if such denial is justified. The decision of the Commission shall be final, subject to any appropriate judicial review.
(b) The commission director is hereby given authority to suspend any horse-drawn carriage driver's permit issued under this article for a driver's failure or refusal to comply with the provisions of this article. Such suspensions may not last for a period of more than 30 days. The commission director is also given authority to revoke any permit for failure to comply with the provisions of this article.
(c) If a permittee shall be charged in any court with a misdemeanor involving moral turpitude, or with any felony, or with driving while intoxicated or under the influence of drugs, or with violations of this article, the commission director is hereby given authority to suspend the driver's permit pending final disposition of the charges against him or her, and to revoke such permit upon conviction thereof.
(d) The commission director may revoke a horse-drawn carriage driver's permit if he or she determines that the permittee has engaged in conduct detrimental to the public safety.
(e) The commission director may not suspend or revoke any permit unless the driver has received notice of the charges against him or her and has had the opportunity to present evidence on his or her behalf.
(f) Any permittee whose license has been suspended or revoked by the commission director may file a written appeal with the Commission within ten days. If an appeal is not made to the Commission within ten (10) days of the commission director's decision, the director's decision shall be final. A letter addressed to the Commission and delivered to the Commission Office stating that an appeal from the decision of the commission director is desired shall perfect such appeal. The Commission, as soon as practicable after receiving such notice of appeal, shall notify the applicant or permittee of the date and time of the hearing which shall be not less than five days after the mailing of such notice. After the hearing of the appeal, the Commission shall sustain, modify or reverse the findings of the commission director, and shall notify the commission director and the applicant or permittee of its findings. The findings of the Commission shall be final, subject to any applicable legal processes.

Section 8- Unpermitted drivers.

(a) If any person is found operating any horse-drawn carriage for-hire within the Metropolitan Government area without a valid horse-drawn carriage driver's permit on behalf of any holder of a certificate of necessity and public convenience, the commission director may immediately take action to suspend or revoke the certificate of necessity and public convenience held by the operator of the horse-drawn carriage service.
(b) A person whose horse-drawn carriage driver's permit is suspended shall not drive a horse-drawn carriage for-hire within the Metropolitan Government area during the period of suspension.

Section 9- Payment for preferential placement of passengers.

(a) An employee of a business establishment, other than a horse-drawn carriage service, who acts as an agent in obtaining transport service for prospective passengers shall not solicit or accept payment from a driver in return for giving preferential treatment in directing passengers to the horse-drawn carriage. Violation of this provision shall constitute a misdemeanor.
(b) A driver commits an offense if he or she pays an employee of another business to solicit passengers or to give preferential treatment in directing passengers to the horse-drawn carriage.
(c) This section does not prohibit the certificate holder from entering into a contractual agreement or other prior arrangement with the management of the other business for the directing of passengers to their horse-drawn carriages.

Section 10- Conduct of drivers.

(a) A driver shall at all times:
Act in a reasonable, prudent, and courteous manner;
Maintain a sanitary and well-groomed appearance;
Not permit a person other than another employee or the owner of the horse-drawn carriage service to operate the carriage under the driver's control;
Not permit a person on the back of a carriage horse when the horse is under the driver's control;
Not leave a horse untethered or unattended except when confined to a stable or other enclosure;
Not permit a horse to drop excrement from its diaper;
Keep all carriage stands clean and free of animal excrement;
Not permit the seating capacity rated for his or her carriage to be exceeded;
Travel only those routes designated for horse-drawn carriage travel, including special occasion travel routes as approved by the Traffic and Parking Commission;
Not operate a carriage while under the influence of intoxicating beverages or drugs;
Observe and obey all traffic laws and regulations of Metro and state;
Not permit a passenger to stand or ride on any part of the carriage other than the designated seating area while the carriages is in motion and to advise the passengers that they must be seated except when loading or unloading;
Not drink or eat while carrying passengers or while carriage is in motion;
Not permit the speed at which any horse-drawn carriage is driven to exceed a trot; and
Be responsible for the proper and humane care and treatment of each horse under their direct care and supervision;
(b) To protect the health and safety of the animal and the public, upon a finding that an animal is sick, injured, lame, malnourished, or in any other condition that renders it unfit for drawing a carriage, a commission inspector, animal control officer or police officer may issue an order that a horse is deemed unfit for work and order it removed from the vehicle and the city streets;
(c) Persons who violate any provision of this section shall be subject to a fine of $100.00 for the first offense, with the fine for each subsequent offense of this section increasing by an increment of $100.00. In the event the person has no additional violations of this section for a period of 12 consecutive months, the fine for any violation of this section after that period shall be $100.00 for the first offense, with the fine for each subsequent offense increasing by an increment of $100.00.

Section 11- Alcohol in horse-drawn carriage.

(a) A certificate holder or driver commits an offense if he or she provides an alcoholic beverage to a passenger for a fee or as part of the passenger transport service.
(b) A certificate holder or driver commits an offense if he or she provides, stocks or permits any alcoholic beverage in the carriage.

Section 12- Return of passengers' property

A driver of a horse-drawn carriage shall immediately attempt to return to a passenger any property left by the passenger in the carriage. If unable to locate the passenger, the driver shall notify the certificate holder of the service, who shall notify the commission director within 24 hours of a description of the property and the location where the property is being stored. For property found on weekends and public holidays, the certificate holder shall notify the commission director during the next regular business day.

Section 13- Rates of fare.

(a) Each carriage company shall be required to file with the commission a list of their basic rates thirty days prior to any change. The rate charged by each carriage shall be the same as that on file with the commission and shall be posted conspicuously within the carriage.
(b) The use of any type of meter or measuring device to calculate rates of fare for a horse-drawn carriage is prohibited.
(c) Passengers shall be informed of the rate prior to embarking.

ARTICLE IV- Horses, Carriages And Equipment

Section 1- Requirements for horses in service.

(a) Before any horse may be used in a horse-drawn carriage business, the permittee must furnish the commission director with:
A state certificate of veterinarian inspection identifying the horse by description and with front, rear, right and left photographs and showing that the horse has been examined at least once within the preceding six months by a veterinarian licensed by the state;
Proof that the horse has had tetanus, rabies, Influenza, Rhinopneumonitis, and Eastern-Western encephalitis vaccinations;
A negative Coggins test result; and
Close-up photographs or drawings showing identifying markings of the horse.
(b) A horse used in a horse-drawn carriage must:
Be appropriately shod and trimmed, and shall utilize rubber-coated pad or boots or open steel barium tip shoes, or other shoes approved by a veterinarian;
Inspected and maintained by a farrier at least every eight weeks, or as necessary. Records must be kept by the owner in the carriage of the dates and the name of the farrier who shod the animal and are subject to inspection;
If a horse loses a shoe while working, an "easy" type boot may be used to finish the scheduled workday;
Not have any open or bleeding wound, oozing sore, cut below skin level, or bleeding wound;
Not have evidence of lameness;
Have all harnesses properly fitted and in good repair with no deficiencies that create a safely hazard;
Be properly cleaned with no offensive odors or caked dirt or mud;
Wear a special sanitary device for containing animal excrement;
Flies and other insects must be controlled through general sanitation and other necessary means;
Horses weighing at least 800 pounds can pull one or two passengers; horses weighing at least 1100 pounds can pull 3 to 4 passengers; horses weighing at least 1400 pounds can pull 5 or 6 passengers. For this section, a passenger is defined as an adult weighing more than 100 pounds;
Not have obvious signs of emaciation, malnutrition, or exhaustion;
All harnesses, bridles and bits and any other equipment shall be properly fitted and kept in good repair. Blankets, bridles and bits shall not be used on another horse unless it is first disinfected. Harnesses and bridles shall be kept well oiled and cleaned and in good repair;
Carriages must be kept properly lubricated, and wheels must spin freely and straight;
Animals requiring veterinary care shall not be moved, ridden or driven, except for the purpose of humane keeping, pasturing or obtaining medical care;
"Free choice" salt shall be available to all horses in the stabling and/or assembly/transfer sites;
Carriages shall not be pulled by stallions or pregnant mares, nor shall stallions or pregnant mares be brought into any of the stables, assembly/transfer sites or assembly/holding sites;
Mules used to pull carriages must meet the same requirements as described for horses;
Provisions shall be made to catch or immediately pick up any manure deposited by the carriage horses away from the stable or assembly/transfer sites. The manure shall be returned to the stable or transfer sites for appropriate disposal;
Horses shall wear properly attached and fitted blinders while pulling carriages;
Owner and handlers shall take immediate measures to prevent shivering of horses;
It is the responsibility of owners, drivers, and riders to protect the horse and, when under their control, to ensure that the horse is not left to roam freely and possibly cause harm to the public or itself; and
Owners shall not allow a horse to be worked on a public highway, path or street during adverse weather or other conditions that are a threat to the health or safety of the horse and public, this will include driving the horse across metal construction plates on the roadway:
No horses shall be permitted to pull a carriage with a loose shoe.
(c) The commission director, commission inspector, police officer or animal control officer may require the certificate holder or driver of a horse-drawn carriage to remove from service any horse that appears to be ill, overtired, undernourished, overloaded, injured, or lame or whose health or life in the opinion of a veterinarian or qualified equine animal control officer, is in imminent danger. To reinstate a horse removed from service, the horse must be re-examined and a new state certificate of veterinarian inspection issued for the horse by a veterinarian licensed by the state and specializing in equine medicine, which certificate must be submitted to the commission director.
(d) A person commits an offense by harassing or startling, or attempting to harass or startle, any horse while the horse is pulling a carriage or at rest or otherwise treats a horse inhumanely while it is working in a horse-drawn carriage. Violation of this section shall constitute a misdemeanor.
(e) A certificate holder and driver shall use a trailer to transport a horse to a job location in the Metropolitan Government area that is more than three miles from the location where the horse is stabled.
(f) For purposes of this section, a horse is considered to be working any time it is being used for-hire on a public street or sidewalk, or other public right-of-way, during any hour of operation of the horse-drawn carriage service that is authorized by and on file with the commission director.
(g) The Metro Animal Control may order quarantine on the entire premises where the animals are being stabled or any part thereof or on any particular animal for any of the following reasons:
Excessive parasitism, diagnosed by a veterinarian, which would cause the animal to be unfit to be ridden or driven;
General malnutrition, as diagnosed by a veterinarian;
Presence of suspicion of contagious or transmittable disease, as diagnosed by a veterinarian;
(h) Owners and operators of horse-drawn carriages shall not permit unsanitary conditions to be present on any city route, animal rest area or any area where the animals are kept. All such areas shall be kept clean and free of conditions that might harbor, or be conducive to the breeding of insects or rodents.
(i) No animal shall be made to perform by means of any prod, stick, electrical shock, physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as not to cause injury to the animal whether in or out of service. A whip or riding crop may be displayed on the carriage provided it is not used on any horse.
(j) The certificate holder shall notify the commission director of any carriage horse that dies within 24 hours, or if on the weekend or a legal holiday, during the next business day. The commission director may request that a board certified veterinary pathologist shall perform a necropsy at the expense of the certificate holder. A record of the death and/or necropsy finding shall be filed with the commission director.
(k) When weather conditions are adverse or inclement which could harm either horses or passengers, carriages shall not be operated. The Commission, by rule, may adopt specific guidelines for the operation of carriages in inclement weather conditions.

Section 2- Examination of horses.

(a) The commission director may, at any time, request the Metro Animal Control Agency or its designee, to examine any carriage horse. The cost of examination of a horse shall be the responsibility of the certificate holder.
(b) Each horse shall be thoroughly examined within 30 days prior to use and shall have:
A certificate of well-being issued by a veterinarian and kept, at all times, with the horse and available for inspection by the commission director, commission inspector, police officer or animal control officer. A copy of such certificate shall be on file with the commission director.
A certificate of well-being identifying the horse by breed, color, sex, and markings and showing the state and type of carriage the horse can be expected to draw safely, without causing injury to the horse;
The certificate of well-being shall be valid for a period not to exceed six months;
(c) No stallions, unmanageable or unruly horses or pregnant mares shall be licensed or use at any time.
(d) A license that has been issued for a mare that becomes pregnant during the license period shall be returned to the commission director by the business until such time as the mare has foaled and is recertified by a veterinarian.
(e) After the initial issuance of the certificate of well-being is issued:
(1) The horse must be examined at least once every six months by a veterinarian licensed by the state who specializes in equine medicine and receive a state certificate of veterinarian inspection, which must be submitted to the commission director;
(2) The permittee shall keep written medical records for each horse and the records must be available for inspection at reasonable times upon request by the commission director;
(f) The examination shall encompass that which is consistent with maintaining the health and well-being of the animal as determined by the usual and customary recommended treatment of animals working under such conditions by the veterinarian association. Such examinations should include, but not be limited to, leg and hoof exams, dental exams, eyes, internal parasites, lab reports, and cardiovascular health.

Section 3- Carriage and equipment.

(a) An owner, operator, or custodian of a horse engaged in the horse-drawn carriage shall ensure and certify that the equipment used in the operation of the horse-drawn carriage meets the standards of this section:
Provide that the carriage used is in good operating condition, the axles are well-greased, and that all operating mechanisms are in good working order;
Provide that the carriage is equipped with hydraulic brakes in good working condition;
Provide that the saddle, harness, shoes, bridle, and any other equipment for the horse fits properly, is in good working condition, and shall not cause injury or pain to the horse;
Not use twisted wire, spurs, bucking straps, flank straps, or similar devices. All bits and other equipment must be humane which are not injurious to the horse;
Daily inspect all horses and all equipment at the time of departure from and return to the stable; and
Provide that all horses are equipped with a diaper that is constructed of a sturdy material and is properly fitted to the horse to ensure comfort.
(b) No carriage engaged in the horse-drawn carriage business shall be driven or operated on a public street or byway of the city unless the owner or operator of the carriage has obtained a valid identification card issued by the commission director pursuant to a procedure and fees established by this chapter.
(c) A carriage used in the horse-drawn carriage service shall:
Have a valid permit conspicuously displayed on the carriage at all times;
Be equipped with a slow-moving vehicle emblem attached to the rear of the carriage;
Be maintained in a safe and sanitary condition;
Not drive or transport more than nine passengers at one time with a maximum of seven adults, excluding the driver or operator of the carriage for each horse; or ten passengers at one time, including the driver or operator for each mule;
Display the name and telephone number of the horse-drawn carriage with letters not to exceed three inches nor less that one inch in height on the carriage exterior. These signs must be displayed at all times that the carriage is operating for business unless the carriage is being used for a special event, such as a wedding or funeral;
Must be equipped with a chemical to be poured over horse urine by drivers so as to break down and eliminate accumulated agents and odors;
Sufficient reflective material must be placed along the shafts of the carriage, or other parts thereof, which normally parallel the body, head or legs of the horse pulling such carriage;
An optional rear view mirror on each side of the carriage, if requested by the commission director;
(10) Be equipped with lights which comply with applicable state law;
(11) A fully charged backup battery must be readily available and a carriage cannot operate without proper lights;
(12) Two suitable cardholders shall be conspicuously affixed to the carriage visible to passengers. One cardholder shall hold the identification card of the carriage driver and one shall hold the identification card of the horse that is in use at the time, as well as the certificate of well being for such horse;
(13) A first aid kit;
(14) Consecutive daily records in a bound volume, in ink, must be kept of the movements of each horse drawn carriage and horse by the licensee, as follows:
A. Permit number;
B. Time of departure from and arrival at stable;
C. Driver's name and permit number;
D. Driver's permit expiration date;
Horse's name and identification number.
This information must be available for inspection. Only the daily logs must be available on each carriage.
(15) In addition, the following information is required for each specific trip:
A. Carriage identification number;
B. Number of passengers;
C. Time of departure of trip;
D. Time of return of trip;
(d) If, upon any inspection, a carriage is found to be unsafe, unclean or unsightly, the commission director or commission inspector or designee, may direct that the carriage be taken out of service until such condition is corrected. Such carriage shall be re-inspected and approved by the commission director, commission inspector or designee before returning to service, at which time a new permit shall be issued and a service fee (established by rule) shall be collected.
(e) The Commission may, by rule, establish additional inspection requirements for a carriage and other equipment used in the horse-drawn carriage service.

Section 4- Animal working conditions.

(a) No animal shall be worked under any of the following conditions, and any owner allowed to let the conditions exist will be found in violation of this article:
The animal is pulling more people than permitted under Section 3 of this chapter;
The animal works more than eight (8) hours in any 24-hour period without 10 minutes of rest for each 50 minutes of work and with a minimum of twelve (12) consecutive hours of rest;
The animal pulling a carriage is moved at a speed faster than a trot;
The animal is worked with equipment causing an impairment of vision other than normal blinders;
The animal is subject to any condition or treatment that will impair the good health and physical condition of the animal.
Water must be available before and after each shift. In addition, water shall be offered when appropriate and will not be injurious to the horse;
Make sure horses are given proper amounts of water before and after working, and have additional water available if needed;
Not work longer than eight hours within a 24-hour period with a minimum of 12 consecutive hours of rest;
Horses shall not be worked for commercial purposes in extreme temperatures or in adverse weather. When the weather is determined to be adverse, all horses must immediately cease working, be offered shade or shelter when available, be rested and cooled off, and then walked to their stable. All horses so ordered to return to their stable must be unbridled and remain at the stable for at least one hour and until the temperature returns to the appropriate levels;
Be provided with daily food and water, free from contamination. Such food shall be wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal;
Shall not be overridden or driven to overheating or exhaustion.

ARTICLE V- General Regulations

Section 1- Fees.

(a) The annual fees for a horse-drawn carriage license issued by the Commission shall be set by the commission by rule as necessary to cover all expenses related to the administration of this chapter.
(b) All fees shall be made payable to Metro through the Commission. All certificates shall expire annually on March 1 of each year and must be renewed by the commission director to remain in force. No prorating of the fee shall be permitted.
(c) If a certificate is amended to increase the number or vehicles or horses used, the commission director shall collect a fee as a result of the amendment in addition to appropriate permit fees.
(d) A fee for a temporary amendment to the certificate authorizing supplemental vehicles during peak demand periods is authorized for each vehicle or horse.
(e) If a license or an identification card is lost or destroyed, the commission director shall issue the permittee a duplicate permit upon payment to Metro of a duplicate permit fee.
(f) No refund of a fee required by this section may be made.

Section 2- Non-transferability.

A Certificate of Public Convenience and Necessity, horse-drawn carriage permit, carriage driver's license, or an identification card is assigned to one person or company, and is not transferable.

Section 3- Accidents.

(a) The driver of a horse carriage shall report any accident involving such carriage to the police department. The company shall notify the commission director of such accident by 9:00 a.m. on the next business day.
(b) No horse or carriage involved in an accident where structural damage to the carriage or injury to the horse has occurred, shall be operated again until the carriage has been inspected by the commission director or a police officer and the horse has been certified for service by a veterinarian. The company shall present written notice of certification to the commission director.

Section 4- Routes.

(a) A horse-drawn carriage shall operate horse drawn carriages only upon streets according to routes and restrictions developed through consultation with the Metropolitan Traffic and Parking Commission.
(b) Horse-drawn carriages operate for-hire are barred from using streets which:
Have a speed limit exceeding 35 mph, unless prior approval is obtained from the Traffic and parking Commission;
Are designated as Major Arterial Streets by the Metropolitan Planning Commission, except during the hours of 6 p.m. to 6 a.m. and on Saturday, Sunday and holidays as determined in consultation with the Traffic and Parking Commission. Exceptions may be made only with the express consent of the Traffic and Parking Commission.
(c) The authorized routes and tether locations shall be subject to amendment as needed through consultation with the Metro Traffic and Parking Commission to ensure safe and efficient movement of traffic.
(d) Advance charter tours may deviate from the route provided the company operates on streets approved for routes.
(e) A company shall receive prior approval of the commission director to deviate from approved routes or destinations and which require the use or crossing of streets designated as arterial streets by the Metropolitan Planning Commission.
(f) In the event of a funeral, a company may notify the commission director twenty-four hours in advance of its intention to use a non-authorized route.

Section 5- Hours of operation.

(a) Carriage shall operate only after 6 p.m. and must leave the streets by 6 a.m., Monday through Friday, unless the Metropolitan Traffic and Parking Commission grants the carriage specific permission to operate during other hours. Carriages may operate during any hours on weekends and on holidays.
(b) Should the commission director determine that special circumstances exist which would jeopardize the safety of the animal, such as bad weather or other environmental problems, the commission director may order a temporary suspension of the operation of all horse-drawn vehicles until such time as the special circumstances abate.
(c) Carriages lights must be lit from dusk until dawn or when inclement weather dictates.

Section 6- Enforcement by police department.

Officers of the police department shall assist in the enforcement of this chapter. A police officer observing a violation of this chapter, or the regulations established by the director, shall take necessary action to insure effective regulation of horse-drawn carriage.

Section 7- Penalties.

(a) Whoever violates any part of this Article or Chapter shall be guilty of a misdemeanor and shall be fined not less than $100.00. Upon subsequent conviction, such person shall be fined not more than $500.00 or imprisoned for not more than 60 days or both. Any violation shall constitute a separate offense for each successive day continued.
(b) Notwithstanding any provision contained herein, the Commission shall have the authority to enforce the provisions of this chapter.

Section 2. That this ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County and the people requiring it.

Sponsored By: Tony Derryberry, Leo Waters, Janis Sontany

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2002-1075

Mr. President:

I move to amend Ordinance No. BL2002-1075 by deleting Section 1, Article III, subsection 10(c) and by deleting Section 1, Article V, subsection 7 and substituting the following language in its place:

(a) All provisions of this ordinance shall be governed by the penalties found in Metropolitan Code of Laws, section 1.01.030.
(b) Notwithstanding any provision contained herein, the Commission shall have the authority to enforce the provisions of this chapter.

Sponsored By: David Briley

AMENDMENT NO. 2
TO
ORDINANCE NO. BL2002-1075

Mr. President:

I move to amend Ordinance No. BL2002-1075 by amending Section 1 by deleting Section 9 of Article Three, “Payment for preferential placement of passengers”, in its entirety and renumbering the remaining sections of Article Three accordingly.

Sponsored by: Leo Waters

LEGISLATIVE HISTORY
Introduced:	June 4, 2002
Passed First Reading:	June 4, 2002
Referred to:	Budget & Finance Committee Public Safety Committee
Deferred:	June 18, 2002
Deferred:	July 16, 2002
Passed Second Reading:	August 6, 2002
Passed Third Reading:	August 20, 2002
Approved:	August 21, 2002
By: