§ 13-2-315. ADDITIONAL REQUIREMENTS FOR HORSE-DRAWN CARRIAGE SERVICE.

(A)

The following are requirements for an operating authority for horse-drawn carriage service:

(1)

The holder shall maintain all barns, stables, or other housing for horses and carriages in a safe and sanitary condition, and agrees to permit the department to inspect the facilities at any time.

(2)

The holder shall keep all carriage routes clear and free of animal void and excrement and maintain all approved carriage parking areas in a clean and sanitary manner. The holder shall equip each carriage with a diaper device, approved by the department, to collect and prevent excrement from falling on the roadway. The holder shall transport all animal excrement collected in the diaper device to the holder's stable for disposal.

(B)

A holder may not use an animal to provide the service unless the holder provides the department with a letter from a veterinarian licensed by the state, issued within the 90-day period immediately preceding the day the animal is to be used to provide the service, that includes:

(1)

an identifying description of the animal; and

(2)

a statement that the animal has been examined by a veterinarian, is in good health, and is suited to and physically capable of pulling the proposed carriage equipment with passengers.

(C)

For the safety and well-being of the animals used to provide the service, a holder shall:

(1)

have each animal shod with horseshoes of a type approved by the department;

(2)

offer potable water to each animal during each rest period;

(3)

provide a clean, soft, and pliable custom fit harness for each animal;

(4)

groom each animal before it is used to provide service;

(5)

provide shade for an animal during a rest period or while waiting if the temperature is reported to be above 90 degrees Fahrenheit at any Austin site monitored by the National Weather Service; and

(6)

require a driver to maintain a distance of not fewer than five feet from another animal and carriage.

(D)

For the safety and well-being of the animals used to provide the service, a holder may not:

(1)

work an animal:

(a)

longer than one hour without a 10-minute rest period;

(b)

longer than three consecutive hours without a continuous one-hour rest period;

(c)

longer than a total of six hours per day; or

(d)

more than five consecutive days without a 24-hour rest period before the next working day.

(2)

Work an animal at a gait faster than a walking gait, or whip an animal unless necessary for the safety of the animal or passengers or use any equipment to injure or wound an animal;

(3)

overwork an animal;

(4)

work an animal with an open sore or wound, or any animal that is lame or has any other ailment without specific written authorization from a veterinarian licensed by the state that the work will not endanger the health or well-being of the animal;

(5)

operate a carriage having more than a seven-passenger capacity, including the driver's box;

(6)

carry more passengers than the maximum allowed by the carriage's design capacity;

(7)

work an animal during the time when the temperature at any Austin site monitored by the National Weather Service is reported to be at or below 30 degrees Fahrenheit, or work an animal over two hours when the temperature is reported to be above 95 degrees Fahrenheit;

(8)

allow an animal to be subjected to cruel or harassing treatment; or

(9)

allow a driver or a person to attend more than one horse and carriage while stopped, standing, waiting, or resting.

(E)

In addition to the requirements of Section 13-2-141 ( Inspection Required ) and this subdivision, in order to pass inspection the carriage wheels must have steel or iron outer rims adequately sheathed in rubber or other synthetic material to prevent damage to the street pavement.

(F)

While on duty, a driver shall not:

(1)

permit or allow a person on the back of an animal under the driver's control;

(2)

leave an animal unattended unless the animal is confined to a stable or other enclosure;

(3)

work an animal at a gait faster than a walking gait, unless necessary for the safety of the passengers or the animal;

(4)

allow a person, other than the holder, a licensed driver, or a driver trainee in the driver's box of a carriage;

(5)

stop, stand, wait, or rest an animal closer than five feet from another animal and carriage; or

(6)

allow a person to attend more than one horse and carriage while stopped, standing, waiting, or resting.

(G)

A holder shall report any accident involving an animal or carriage to the department.

(H)

A driver trainee must be eligible for licensure by the department. The holder or a licensed driver must accompany a driver trainee at all time during training.

Source: 1992 Code Section 8-13-276; Ord. 031106-13; Ord. 031211-11; Ord. No. 20141106-054, Pt. 11, 11-17-14 .