HomeMy WebLinkAboutOrdinance 4938ORDINANCE NO.4939 AN ORDINANCE TO AMEND ARTICLE VII NONMOTORIZED PASSENGER TRANSPORT VEHICLES OF CHAPTER XI BUSINESS REGULATIONS OF THE CODE OF FAYETTEVILLE TO AUTHORIZE AND REGULATE CAMELS AND DROMEDARIES FOR PASSENGER TRANSPORT ON THE FAYETTEVILLE SQUARE 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 amends Article VII Nonmotorized Passenger Transport Vehicles by repealing §117.80 Definitions and enacting a replacement attached as Exhibit A. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.81 (13)(6) by repealing in its entirety and enacting a new §117.81 (B)(6) as follows: "(6) The number of horses, camels, or dromedaries the applicant proposes to use in the operation of the passenger transport service with a description, including age, color an breed or photograph and a state certificate of veterinarian inspection of each horse, camel or dromedary;" Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.81 (C)(5) and (13) by repealing such subsections in their entirety and enacting replacement subsections as follows: "(5) Number, and description_ of, all horses, camels and dromedaries to be used;" "(13) The use of the special sanitary devices and special care procedures for horses, camels and dromedaries; and" Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.85 (C)(2) by repealing subsection (C)(2) and enacting replacement subsection (C)(2) as follows: "(C)(2) A provision to cover all horses, camels, dromedaries and vehicles, whether owned or not by the holder if operated under the holder's Certificate of Public Convenience and Necessity." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.86 Conduct of Drivers and Handlers by repealing subsections (E), (F) and (G) and enacting new subsections as follows: "(E) Not permit any person on the back of a horse, camel or dromedary while it is pulling a nonmotorized passenger transport vehicle; "(F) Not leave a horse, camel or dromedary untethered and unattended except when confined to a stable or other enclosure. "(G) Pick up all horse, camel . and dromedary droppings immediately with appropriate equipment." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals §117.87 Horses, Vehicles and Equipment and enacts a replacement §117.87 Horses, Camels, Dromedaries, Vehicles and Equipment attached as Exhibit B. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.92 Authority to Summon -Veterinarian by repealing it in its entirety and enacting a replacement §117.92 as follows: "§ 117.92 Authority to Summon Veterinarian "The police department is hereby authorized to immediately summon the City Veterinarian (or other licensed veterinarian as available) if at any time an officer reasonably believes a horse, pony, camel or dromedary is ill, overtired, undernourished, overloaded, injured, or lame or whose health or life may otherwise be in imminent danger." PASSED and APPROVED this 17w day of October, 2006. `G��'�:�9s'' . G\TY 0 APPROVED ATTEST:eFAYETTEVILLE; %;NgapkA0S FO 6 ''ydGTcoo ot4 c. By: By: r7/DtR�rw �/IMx� `'nu olkik" DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT A 117.80 Definitions For the purpose of this article, the following words and terms have the meaning ascribed thereto: Camel/Dromedary. Either of two large ruminant mammals used as a draft or saddle animal in desert regions of Africa or Asia. Driver. An individual who operates a nonmotorized passenger transport vehicle. Handler. An individual who leads and controls a pony, camel, or dromedary working as part of a nonmotorized passenger transport service. Holder. A person who is granted Certificate of Public Convenience and Necessity under this article to provide nonmotorized passenger transport service in the city. Horse Any member of the family "Equidae" perissodactyl ungulate mammals containing a single genus equus, including but not limited to horses, asses, jacks, jennies, hennies, mules, donkeys, burros, ponies, and zebras. Nonmotorized passenger transport vehicle. Example: a horse-drawn carriage. Nonmotorized passenger transport service. The business of offering or providing transportation of persons for hire, either in a nonmotorized transport vehicle or on horseback, camelback or dromedaryback, when: (1) A driver of handler is furnished as part of the service; and (2) The service is offered only in accordance with a pre -approved route. Nonmotorized passenger transport vehicle drivers permit. A permit issued to an individual by the Chief of Police to operate a nonmotorized passenger transport vehicle or hire in the city. Operate. To drive or be in physical control of a nonmotorized passenger transport vehicle. Permittee. An individual who has been issued a nonmotorized passenger transport vehicle driver's permit under this article. Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two or more persons having a common economic interest. Preapproved route. Nonmotorized passenger , transport service operating on a predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the traffic superintendent. r EXHIBIT B 117.87 Horses, Camels, Dromedaries, Vehicles and Equipment (A) Horses, Camels, Dromedaries. (1) Before any horse, camel or dromedary may be used in a nonmotorized passenger transport service, the holder must furnish the animal services director with: (a) A State Certificate of Veterinarian Inspection with a photograph or drawing of the horse, camel or dromedary showing identifying markings of the horse, camel or dromedary and showing that the horse, camel or dromedary has been examined at least once within the preceding three months by a veterinarian licensed by the State of Arkansas who specializes in equine medicine (for horses) and in camel medicine for camels and dromedaries; and (b) An equine vaccination certificate from a licensed veterinarian showing proof that the horse has had tetanus, rabies, and Eastern -Western encephalitis vaccinations; further, proof of a negative Coggins Test must be submitted annually; and (c) A Certificate from a licensed + J veterinarian showing that the camel or dromedary has had all necessary and appropriate vaccinations. (2) A horse, camel or dromedary used in a nonmotorized passenger transport service must: (a) Be appropriately shod to work on paved streets; if a horse, loses a shoe while working, an "easy" type boot may be used to finish the scheduled work day; (b) Not have any open wound, oozing sore, cut below skin level or bleeding wound; (c) Not have evidence of lameness, such as, but not limited to, head bobbing or irregular rhythm; (d) Be offered not less than five gallons of drinking water at least every two hours; (e) Have at least a 10 minute rest period after every 50 minutes worked; (f) Not work longer than six hours in a 24-hour period with a minimum of 12 hours of rest; (g) Have the appropriate bridle, bit, halter, or harness equipment properly fitted and in good repair with no deficiencies that could reasonable by deemed a safety hazard; (h) Be properly cleaned with no offensive odors or caked dirt or mud; (i) Not work with the outside temperature exceeds 90 degrees Fahrenheit, or the thermal heat index exceeds 110; and (j) Be examined at least once every three months by a veterinarian licensed by the State of Arkansas who specializes in equine or camel medicine and receive a State Certificate of Veterinarian Inspection, which must be submitted to the animal services director. (3) The animal services director may require a holder, driver, or handler to remove form service any pony, horse, • 3 camel or. dromedary that appears to be ill, overtired, undernourished, overloaded, injured or lame, or whole health or life, in the opinion of a veterinarian or qualified animal service officer is in imminent danger. ' To reinstate a horse, camel or dromedary removed from service the animal must be re-examined and a Exhibit B, page 2 new State Certificate of Veterinarian Inspection must be submitted to the animal control officer. (4) For purposes of this section, a horse, camel or dromedary is considered to be working any time it is on the public street or sidewalk, or other public right-of-way, during any hour of operation of the nonmotorized passenger transport service that is authorized by and on file with the traffic superintendent. (B) Vehicle inspection and maintenance. Each vehicle shall comply with all the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. (C) Required equipment. (1) Nonmotorized passenger transport vehicles. ponies, horses, camels or dromedaries adequately and safely tethered to a ring apparatus, the operator, holder or handler shall ensure that every rider wears an equestrian or bicycle -type safety helmet while riding on horseback, camelback or dromedaryback. (a) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each nonmotorized f passenger transport vehicle: (i) Headlights; (ii) Tail lights; (iii) Flashing lights; ' (iv) Approved braking system; (v) Rubber on all wheels; t " (vi) A "slow moving vehicle" sign attached to the rear of the vehicle; (vii) Evidence of insurance; (viii) A copy of this article. (2) Helmets. Unless the operator, holder, or handler of a pony, horse, camel or dromedary ride keeps all of its mounted io -io -o4 ALDERMAN AGENDA REQUEST FORM 9f3f FOR: COUNCIL MEETING OF OCTOBER 17, 2006 . FROM: ALDERMAN BOBBY FERRELL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND ARTICLE VII NONMOTORIZED PASSENGER TRANSPORT VEHICLES OF CHAPTER XI BUSINESS REGULATIONS OF THE CODE OF FAYETTEVILLE TO AUTHORIZE AND REGULATE CAMELS AND DROMEDARIES FOR PASSENGER TRANSPORT ON THE FAYETTEVILLE SQUARE APPROVED FOR AGENDA: AAlde Bobby Fefrill wf._t City Attorney (as to form) Date Date ORDINANCE NO. AN ORDINANCE TO AMEND ARTICLE VII NONMOTORIZED PASSENGER TRANSPORT VEHICLES OF CHAPTER XI BUSINESS REGULATIONS OF THE CODE OF FAYETTEVILLE TO AUTHORIZE AND REGULATE CAMELS AND DROMEDARIES FOR PASSENGER TRANSPORT ON THE FAYETTEVILLE SQUARE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of th Article VII Nonmotorized Passenger Transport enacting a replacement attached as Exhibit A. City of Fayetteville, Arkansas hereby amends Vehicles by repealing §117.80 Definitions and Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.81 (B)(6) by repealing in its entirety and enacting a new §117.81 (B)(6) as follows: "(6) The number of horses, camels, or dromedaries the applicant proposes to use in the operation of the passenger transport service with a description, including age, color an breed or photograph and a state certificate of veterinarian inspection of each horse, camel or dromedary;" Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.81 (C)(5) and (13) by repealing such subsections in their entirety and enacting replacement subsections as follows: "(5) Number and description of all horses, camels and dromedaries to be used;" "(13) The use of the special sanitary devices and special care procedures for horses, camels and dromedaries; and" Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.85 (C)(2) by repealing subsection (C)(2) and enacting replacement subsection ©(2) as follows: "(C)(2) A provision to cover all horses, camels; dromedaries and vehicles, whether owned or not by the holder if operated under the holder's Certificate of Public Convenience and Necessity." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.86 Conduct of Drivers and Handlers by repealing subsections (E), (F) and (G) and enacting new subsections as follows: "(E) Not permit any person on the back of a horse, camel or dromedary while it is pulling a nonmotorized passenger transport vehicle; "(F) Not leave a horse, camel or dromedary untethered and unattended except when confined to a stable or other enclosure. "(G) Pick up all horse, camel and dromedary droppings immediately with appropriate equipment." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals §117.87 Horses, Vehicles and Equipment and enacts a replacement §117.87 Horses, Camels, Dromedaries, Vehicles and Equipment attached as Exhibit B. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.92 Authority to Summon Veterinarian by repealing it in its entirety and enacting a replacement §117.92 as follows: "§117.92 Authority to Summon Veterinarian "The police department is hereby authorized to immediately summon the City Veterinarian (or other licensed veterinarian as available) if any time an officer reasonably believes a horse, pony, camel or dromedary is ill, overtired, undernourished, overloaded, injured, or lame or whose health or life may otherwise be in imminent danger." PASSED and APPROVED this 17th day of October, 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk ON ill I 10 NO 117.80 Definitions For the purpose of this article, the following words and terms have the meaning ascribed thereto: Camel/Dromedary. Either of two large ruminant mammals used as a draft or saddle animal in desert regions of Africa or Asia. Driver. An individual who operates nonmotorized passenger transport vehicle. Handler. An individual who leads and controls a pony, camel, or dromedary working as part of a nonmotorized passenger transport service. Holder. A person who is granted Certificate of Public Convenience and Necessity under this article to provide nonmotorized passenger transport service in the city. Horse Any member of the family "Equidae" perissodactyl ungulate mammals containing a single genus equus, including but not limited to horses, asses, jacks, jennies, hennies, mules, donkeys, burros, ponies, and zebras. Nonmotorized passenger transport vehicle. Example: a horse-drawn carriage. Nonmotorized passenger transport service. The business of offering or providing transportation of persons for hire, either in a nonmotorized transport vehicle or on horseback, camelback or dromedaryback, when: (1) A driver of handler is furnished as part of the service; and (2) The service is offered only in accordance with a pre -approved route. Nonmotorized passenger transport vehicle drivers permit. A permit issued to an individual by the Chief of Police to operate a nonmotorized passenger transport vehicle or hire in the city. Operate. To drive or be in physical control of a nonmotorized passenger transport vehicle. Permittee. An individual who has been issued a nonmotorized passenger transport vehicle driver's permit under this article. Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two or more persons having a common economic interest. Preapproved route. Nonmotorized passenger transport service operating on a predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the traffic superintendent. EXHIBIT B 117.87 Horses, Camels, Dromedaries, Vehicles and Equipment (c) Not have evidence of lameness, such as, but not limited to, head bobbing or (A) Horses, Camels, Dromedaries. irregular rhythm; (1) Before any horse, camel or dromedary (d) Be offered not less than five gallons may be used in a nonmotorized of drinking water at least every two passenger transport service, the holder hours; must furnish the animal services director with: (e) Have at least a 10 minute rest period after every 50 minutes worked; (a) A State Certificate of Veterinarian Inspection with a photograph or (f) Not work longer than six hours in a drawing of the horse, camel or 24-hour period with a minimum of 12 dromedary showing identifying hours of rest; markings of the horse, camel or dromedary and showing that the (g) Have the appropriate bridle, bit, horse, camel or dromedary has been halter, or harness equipment properly examined at least once within the fitted and in good repair with no preceding three months by a deficiencies that could reasonable by veterinarian licensed by the State of deemed a safety hazard; Arkansas who specializes in equine medicine (for horses) and in camel (h) Be properly cleaned with no medicine for camels and dromedaries; offensive odors or caked dirt or mud; and (i) Not work with the outside (b) An equine vaccination certificate temperature exceeds 90 degrees from a licensed veterinarian showing Fahrenheit, or the thermal heat index proof that the horse has had tetanus, exceeds 110; and rabies, and Eastern -Western encephalitis vaccinations; further, (j) Be examined at least once every three proof of a negative Coggins Test months by a veterinarian licensed by must be submitted annually; and the State of Arkansas who specializes in equine or camel medicine and (c) A Certificate from a licensed receive a State Certificate of veterinarian showing that the. camel Veterinarian Inspection, which must or dromedary has had all necessary be submitted to the animal services and appropriate vaccinations. director. (2) A horse, camel or dromedary used in (3) The animal services director may a nonmotorized passenger transport require a holder, driver, or handler to service must: remove form service any pony, horse, camel or dromedary that appears to (a) Be appropriately shod to work on be ill, overtired, undernourished, paved streets; if a horse, loses a overloaded, injured or lame, or whole shoe while working, an "easy" type health or life, in the opinion of a boot may be used to finish the veterinarian or qualified animal scheduled work day; service officer is in imminent danger. To reinstate a horse, camel or (b) Not have any open wound, oozing dromedary removed from service the sore, cut below skin level or bleeding animal must be re-examined and a wound; Exhibit B, page 2 new State Certificate of Veterinarian Inspection must be submitted to the animal control officer. (4) For purposes of this section, a horse, camel or dromedary is considered to be working any time it is on the public street or sidewalk, or other public right-of-way, during any hour of operation of the nonmotorized passenger transport service that is authorized by and on file with the traffic superintendent. (B) Vehicle inspection and maintenance. Each vehicle shall comply with all the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. (C) Required equipment. (1) Nonmotorized passenger transport vehicles. (a) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each nonmotorized passenger transport vehicle: (i) Headlights; (ii) Tail lights; (iii) Flashing lights; (iv) Approved braking system; (v) Rubber on all wheels; (vi) A "slow moving vehicle" sign attached to the rear of the vehicle; (vii) Evidence of insurance; (viii) A copy of this article. (2) Helmets. Unless the operator, holder, or handler of a pony, horse, camel or ponies, horses, camels or dromedaries adequately and safely tethered to a ring apparatus, the operator, holder or handler shall ensure that every rider wears an equestrian or bicycle -type safety helmet while riding on horseback, camelback or dromedaryback. (10.24.06) Clarice Pearman - Ord—. 4- 939 _ _ Page 1 From: Clarice Pearman To: Ferrell, Robert Date: 10.24.06 12:35 PM Subject: Ord. 4939 Attachments: 4939 Amend Chapter 117.pdf CC: Audit Alderman Ferrell, Attached is a copy of the above ordinance passed by City Council, October 17, 2006. I have please let me know if anything else is needed. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us NORTHWEST ARKANSAS EDITIONNorthwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication the advertisement of: Ordinance 4939 ORDINANCE NO.4909 Was inserted in the RegularEditions: AN ORDINANCE TO AMEND ARTICLE VII NOW "BS��• �� Regular Faye CHAPTORIZTER Xf BNGER SINESS EGUL TRANSPORTVEHICLESF I OilHi 7111 CHAPTER %I BUSINESS REGULATIONS OF THE' October 27, 2006 CODE OF FAYETTEVILLE TO AUTHORIZE AND REGULATE CAMELS AND DROMEDARIES FOR ARI(ANSAS Publication Charge: $183.96 PASSENGER TRANSPORT ON THE FAYETTEVILLE SQUARE Subscribed and sworn to before me Thi&Dday of 0t7&&1 J 2006. Notary Publickkla&�� My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 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 Fayenevilie, Arkansas hereby emends Article VII Nonmotcrized Passenger Transport Vehicles by repealing §117.60 Definitions and enacting a replacement attached As Exhibit A, - Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.81 (13)(6) by repealing in its entirety and enacting a new §117.81,(B)(6) as follows: '(6) The number of horses, camels, ar dromedaries the applicant proposes Ib use in the operation of the passenger transport service with a description, including age, Color an breed or photograph and a state certificate of veterinarian Inspection of each horse, camel or dromadary;" Section 3: That the City Council of the City of Fayetteville, Arkansas hereby emends §117.61 (CK5) and (13) by repealing such subsections in their entirety And enacting replacement subsections as follows'. '(5) Number and description of all horses, camels anddromedaries to be used;'. „ . ji.:6- '(13) The -use of -the specla"arstW deviies'2nd`special care procedures for horses, camels and dromededes: and', Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §117.85 (C)(2) by repealing subsection (C)(2) and enacting replacement subsection (CH2) as follows: '(CR2) A provision to cover All horses, camels, dromedaries and vehicles, whether owned or not by the holder It operated under the holders_ Certificate of Public Convenience and Necessity.' Section 5: Thai the City Council of the City of Fayetteville, Arkansas hereby amends §117.86 Conduct of Drivers and Handlers by repealing subsections (E). (F) and (G) and enacting new sub sections As follows: '(E) Not permit any person on the back of a horse, camel or dromedary while it is pulling a nonmo- torized passenger transport vehicle; '(F) Not leave a horse. camel or dromedary unlelhered and unattended except when confined to a Arabia or other enclosure. '(G) Pick up all horse, camel and dromedary droppings immediately with Appropriate equipment' Section 6. That the City Council of the City of Fayetteville. Arkansas hereby repeals§117.87 Horses, Vehicles and Equipment and enacts a replacement§117.87 Horses, Camels, Dromedaries, Vehicles and Equipment anached es Exhibit B. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby Amends §117.92 Authority to Summon Veterinarian by repealing it in Its entirety and enacting a replacement 5117.92 as follows: RECEIVED§117.92 Authority to Surmpn Veterinarian 'The police depanm rm is hereby authorized to immediately sum n the City Veterinarian (or of NIh 1I 0 ^oo� licensed veterinarian as available) if at any time an officer reasonably believes a horse, pony, cal U V L or dromedary Is it, overtired, undernourished, overloaded, injured, or lame or whose health or may otherwise be in imminent danger.' CITY OF FAYETTEVILLE PASSED and APPROVED this 171h day of October, 2006. - CITY CLERK'S OFFICE APPROVED: ATTEST. By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk