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HomeMy WebLinkAboutOrdinance 4441 ORDINANCE NO. 4441 AN ORDINANCE TO WAIVE THE REQUIREMENT .• THAT `EVERY RIDER WEARS A BICYCLE-TYPE • ' ,=SAFETY HELMET WHILE RIDING ON HORSEBACK" UNDER SPECIFIC CIRCUMSTANCES AND TO DECLARE AN EMERGENCY WHEREAS, the safety requirement for a helmet on all horse and pony riders is most necessary when a pony is not physically restrained by a mechanical apparatus while being ridden; and WHEREAS, Party Time Ponies has been granted a Certificate of Public Convenience and Necessity by the City Council and agreed that all of its ponies will be ridden only while attached to a ring apparatus that should prevent a pony from breaking away from the employee leading the pony around the pony ride. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby grants a limited waiver until January 1 , 2003 , of Exhibit A Ordinance #4396, specifically § 117. 87 (c) (2) Horses, so that as long as Party Time Ponies keeps all if its mounted ponies adequately and safely tethered to a ring apparatus, the requirement that all riders must wear a bicycle-type safety helmet shall be waived. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby determines that requiring pony riders to share helmets could cause the spread of head lice and thus endanger the health and safety of Fayetteville citizens. Therefore, the City Council of the City of Fayetteville, Arkansas hereby declares an emergency exists and that this ordinance, being necessary for the health and safety of the citizens, shall be effective immediately upon its passage and approval. IL , % T- D and APPROVED this the 26`h day of November, 2002. APPROVED : By. ' DAN COODY, Ma ATTEST: By: 1�6atfier Woodruff, City Cle 9 NAME OF FILE: Ordinance No. 4441 CROSS REFERENCE: Item # Date Document 1 11 /26/02 Ordinance 4441 2 11/25/02 lcopy of memo to Gary Dumas NOTES : 2/3/2003 IThis ordinance was not published when City Clerk, Sondra Smith took office. Asked City Attorney, Kit Williams who advised her not to publish this particular ordinance, therefore, it has not been published because it is not of a permanent nature to the city's Code of Ordinances. MEMO TO : Gary Dumas, General Services Director FROM : Jill Hatfield, Animal Services Superintendent DATE: November 25, 2002 RE: Party Time Ponies Safety Helmet Issue Party Time Ponies will be altering their riding program as of this year to accommodate safety issues with the riders and handlers. The ponies will no longer be allowed to walk the Square with one handler provided. All ponies will be tethered to a pony ring in an enclosed area. The ponies will continue to have a handler for the rider's safety. Due to this change in procedure and added safety measures, Party Time Ponies Owner, Julie Johansen has requested the deletion of the safety helmets. Her concern is the sanitation issue of using the same helmets for all the children and not having the ability to disinfect the helmets after each use. Viruses, parasites and diseases are an issue with using the helmets especially in the cold winter months. There is no disinfectant that will completely kill such organisms. By altering the route of the ponies and utilizing the tethered pony ring, these measures should eliminate the need for safety helmets. cc:- Heather Woodruff, Fayetteville City Clerk .