§ 5-12. Carriage for hire.

(a)

Notwithstanding the license requirements set forth elsewhere in this chapter, each application for a license to operate a carriage for hire shall include: (1) the name, address and telephone number of the owner and operator of the carriage for hire; and (2) a written description and diagram of all public roadways, rights-of-way and property within the city on which the carriage for hire will be operated.

(b)

No person shall be issued a license to operate a carriage for hire until such person has filed with the city's risk management division an approved certificate of insurance properly endorsed certifying that the applicant carries or is a named additional insured on a policy for public liability and property damage insurance, issued by an insurance carrier acceptable to the city, insuring the applicant against claims arising out of the operation of the carriage for hire in amounts not less than five hundred thousand dollars ($500,000.00) per person and one million dollars ($1,000,000.00) per occurrence for personal injuries or death and not less than one hundred thousand dollars ($100,000.00) for property damage. Each licensee shall maintain such liability insurance or proof of the licensee's insured status at all times during which he or she operates a carriage for hire within the city. Prior to the expiration date of any insurance policy required by this subsection, the licensee shall file with the city's risk management division a new certificate of insurance certifying that the licensee has renewed his or her liability insurance coverage or that the licensee has obtained comparable insurance coverage with a different insurance carrier acceptable to the city.

(c)

No carriage for hire shall be operated between 1:00 a.m. and 7:30 a.m. No carriage for hire shall be operated on any street within the city which has a posted speed limit of more than thirty-five (35) miles per hour, except for the purpose of crossing such street. No carriage for hire, except as expressly provided in writing by the city, shall stop on any street which has a posted speed limit of more than thirty-five (35) miles per hour at any time to pick up or drop off passengers. Carriages for hire shall be subject to all applicable laws, rules and regulations pertaining to signals for the stopping and turning of vehicles under Arizona Revised Statutes § 28-755 and for the operation of bicycles under Arizona Revised Statutes, Title 28, Chapter 3, Article 11.

(d)

Every carriage for hire shall have the following safety features: (1) a reflective "slow-moving vehicle" sign attached and clearly visible from the back of the carriage in the configuration as shown and in letters of at least four (4) inches in height; (2) battery or generator operated lights on the front and rear of the carriage and visible from at least one hundred (100) feet after sunset; (3) spoke reflectors placed on each wheel; (4) reflectors on both the right and left sides, front and back, showing the width of the carriage for hire; and (5) equipment, parts or components in a safe mechanical and structural condition that do not endanger the operator, passengers or any persons or property in the immediate vicinity of the carriage.

(e)

At all times during which an animal is used to draw a carriage for hire on any public property, the operator shall equip the carriage or animal in such a manner as to prevent fecal matter from being deposited on such property. If fecal matter is inadvertently deposited on any public property, the operator shall clean up and remove the fecal matter from such property within two (2) hours from the time the fecal matter was deposited on the property.

(f)

Pursuant to Section 5-2 of this same article, the city may designate or limit public areas or streets available for carriages for hire as well as the number of carriages that may safely operate in such areas, all in accordance with city traffic or safety plans issued in connection with special events. All licensees under this article shall be required to operate in accordance with such plans.

(g)

Any violation of subsections (b) through (f) shall be a class 1 misdemeanor. Each day that any such violation continues shall constitute a separate offense.

(Ord. No. 1723, § 4, 6-2-92; Ord. No. 1918, § 1, 12-10-96; Ord. No. 2603, § 1, 11-27-07)