HomeMy WebLinkAbout1985-06-26 OrdinanceI
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ORDINANCE NO. 85-3244
AN ORDINANCE AMENDING CHAPTER 35 OF THE
CITY CODE OF ORDINANCES IN ORDER TO ALLOW
HORSE-DRAWN VEHICLE SERVICE IN THE CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA THAT:
SECTION I. PURPOSE. The purpose of this
ordinance is to amend the City Code of
Ordinances (the 'Code') in order to allow
and regulate the operation of horse-drawn
vehicles for hire, originating at a point
in downtown Iowa City and returning to
that point after carrying passengers along
a fixed scenic or historic route.
SECTION II. AMENDMENTS.
A. Section - -19, 35-24, 35-28,
35-29, 35-31 and 35-33 of the Code are
hereby deleted in their entirety, and
the following are adopted in lieu
thereof:
ARTICLE II. VEHICLES FOR HIRE
Division 1. Generally
Sec. 35-16. Definitions.
The following words and phrases, when
used in this article, shall have the
meanings as set out herein:
City manager means the city manager or
his/her designate.
Driver means a person authorized by
the city to drive a vehicle for hire.
Driving permit means a card or badge
issued by the city clerk to each taxicab
driver authorized to operate a taxicab.
Holder means a person to whom a
driving permit or license has been
issued.
Horse-drawn vehicle means any vehicle
which is operated or pulled by a horse,
furnished with a driver, and carrying
passengers for hire within the city.
License means a decal issued by the
city clerk which must be attached to
each taxicab for identification.
Rate card means a card provided by the
license holder for display in each
taxicab which contains the rates of fare
then in force, including discounts.
Street shall mean any street, alley,
court, lane, bridge or public place
within the city.
Taxicab shall include a vehicle
furnished with a driver and carrying
passengers for hire for which public
patronage is solicited within the city,
including a horse-drawn vehicle. An
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automobile used exclusively for hotel or
motel business shall not be considered a
taxicab within the meaning of this
paragraph, nor shall a vehicle commonly
known as "rent -a -car," for which a
driver is not furnished, be considered a
taxicab, nor shall a bus operating over
a fixed route in the city be considered
a taxicab within the meaning of this
paragraph. Charter transportation
provided with or without drivers on a
contract or lease basis with an organi-
zation or person(s) for a prearranged
fee shall not be considered a taxicab
within the meaning of this paragraph. In
addition, vehicles owned or operated by
state or local government entities which
provide transportation to the public
shall not be considered taxicabs.
Sec. 35-19. To be equipped with interior
lights.
Each taxicab shall be equipped with an
interior light of sufficient candlepower
to amply illuminate the interior of the
taxicab at all times. The light shall be
so arranged as to be easily accessible to
and operable by passengers; however,
interior lights may be disconnected at any
time after sunrise and before sunset.
Horsedrawn vehicles shall not be required
to be equipped with interior lights.
Sec. 35-24. Right to demand prepayment of
fare, obligation to carry passengers.
(a) The driver of a taxicab shall have the
right to demand payment of the legal
fare in advance and may refuse
employment unless so prepaid, but no
driver shall otherwise refuse or
neglect to convey any orderly person,
upon request, anywhere in the city,
unless previously engaged or unable to
do so.
(b) The driver of a horse drawn vehicle
shall be subject to the provisions of
subsection (a), except that the
obligation to convey any orderly
person shall apply only to any route
filed with the city.
Sec. 35-28. Issuance of driving permit.
The city clerk shall issue a driving
permit to each applicant when the police
chief determines that there is no informa-
tion which would indicate that the
issuance of such permit would be detrimen-
tal to the safety, health or welfare of
residents of the city.
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The refusal to issue a permit may be
based upon an adverse driving record
and/or conviction of other crimes, or, in
the case of a horse drawn vehicle opera-
tor, failure to demonstrate ability to
control the animal and vehicle in traffic.
Sec. 35-29. Vehicle for hire license
decal.
No vehicle for hire shall be operated
upon any street within the city unless the
owner of such vehicle shall have first
obtained and shall have then in force a
license decal issued by the city clerk.
The decal shall be attached to the tower
lefthand corner of the rear window of a
taxicab, or displayed at the left rear of
a horse drawn vehicle.
Sec. 35-31. Issuance of license decal.
The city clerk shall issue a license
decal to each owner when the police chief
determines- that there is no information
which would indicate that the issuance
would be detrimental to the safety, health
or welfare of residents of the city. The
license decal shall be nontransferable as
between vehicles and owners.
The refusal to issue a license decal may
be based upon an adverse driving record,
conviction of other crimes, or when the
applicant's prior experience was unsafe or
otherwise showed lack of responsibility.
Sec. 35-33. Mechanical inspection
prerequisite to issuance of license.
Each applicant for a license required by
this division or a renewal of such license
shall submit with his/her application
proof that all vehicles to be used as
taxicabs conform to the requirements for
mechanical fitness as established by the
police chief. Such proof shall consist of
official certificates of inspection issued
by the police chief or his/her designee.
The police chief may require the holder of
the license to provide a current certifi-
cate of inspection whenever it is believed
that the subject vehicle does not comply
with said requirements of mechanical
fitness.
B. The following is added as Division 2
to Article II of Chapter 35 of the
Code.
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Sec. 35-37. Horse drawn vehicles -
routes.
A horse drawn vehicle licensee must
adhere to the routes specified in the
application for a license. A new or
temporary route must be filed with the
city clerk before a licensee may upe such
route.
Sec. 35-38. Horse drawn vehicles -
sanitation.
a. All horses pulling horse drawn vehicles
shall be equipped with adequate devices
to prevent manure and other excrement
from falling upon the streets of the
city.
b. Any excrement which falls upon the city
streets shall be removed immediately at
the licensee's expense.
c. All animal waste for disposal shall be
transported to sites or facilities
legally empowered to accept it for
treatment or disposal.
Sec. 35-39. Horse drawn vehicles - animal
treatment and health.
a. Licensees shall assure adequate rest
periods, feeding schedules, health and
related animal performance and
well-being for each animal under the
licensee's ownership, care or control.
This responsibility shall include
carriage load limits, hours of opera-
tion and daily hours of animal usage.
(1) The feeding of an animal drawing a
vehicle for hire from a feed bag or
bucket along any street or alley
shall not be a violation of Sec.
31-6.
(2) No animal shall be required to work
more than ten (10) hours per day.
(3) No animal shall be left unattended
while in service.
b. for each animal that will be pulling a
licensed vehicle, licensees shall
provide to the city clerk a certificate
of soundness, issued by a veterinarian
licensed by the State of Iowa, finding
such animal to be free from infectious
disease, in good health and fit for
hack and carriage service under this
article.
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(1) After initial inspection, each
animal shall be reinspected at
intervals of no more than six (6)
months, and a certificate of
soundness shall be issued by a
veterinarian and filed with the
city in order for each animal to
remain in service.
(2) No animal shall be used to draw a
vehicle for hire without such
certificate of soundness certified
and dated within any preceding
six-month period.
Sec. 35-40. Horse drawn vehicles -
equipment.
Every licensed horse drawn vehicle shall
conform to such requirements as may be
imposed by State law with respect to
equipment. In addition, each such vehicle
shall be equipped with rubber tires.
SECTION I11. REPEALER. All ordinances
ana pars or ordinances in conflict with
the provisions of this ordinance are
hereby repealed.
SECTION IV. SEVERABILITY. If any
sec on. prov s on or part of the ordi-
nance shall be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordi-
nance snall ne in e ec a ter its final
passage, approval and publication as
required by law.
Passed and approvfd this 26th day of
June, 1985.
ATTEST:
Received A APPW4W
pY .10 Ls..1n1 oepawnent
2 yz0/8-, -
,0
It was moved by Strait and seconded by Erdahl
, that the Or finance as rea a adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
x AMBRISCO
x BAKER
x DICKSON
x ERDAHL
x MCDONALD
x STRAIT
x ZUBER
First consideration 6/18/85
Vote for passage: Ayes: risco, Baker, Erdahl, McDonald,
Strait. Nays: None. Absent. Dickson, Zuber.
Second consideration XXXIDODD=
Vote for passage
Date published 6/29/85
Moved by Strait, seconded by Erdahl, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote
be waived and the ordinance be voted upon for final passage
at this time. Ayes: Dickson, Erdahl, DicDonald, Strait, Ambrisco,
Baker. Nays: None. Absent: Zuber.
M
ORDINANCE N0. _
AN ORDINANCE AMENDING CHAPTERS 23 AND 35
OF CITY CODEALLOWEHORSE DRAWN FCES VEHICLE NSERVICEO IN TO
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CITY."y
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA THAT:
I
SECTION I. PURPOSE. The purpose of this
ordinance is to amend the City Code of
Ordinances (the "Code") in order to allow
and regulate the operation of horse-drawn
vehicles for hire, originating at a point
in downtown Iowa City and returning to
that point after carrying passengers along
a fixed scenic or historic route.
SECTION II. AMENDMENTS TO CHAPTER 23,
ec ions - an Ot the
Code are hereby deleted and the following
are .adopted in lieu thereof:
Sec. 23-290. City traffic engineer to
designate public carrier stops and
stands.
The city traffic engineer is hereby j
authorized and required to establish bus )
stands, taxicab stands, horse-drawn l
vehicle stands, and stands for other
passenger, common -carrier motor vehicles
on such Public streets in such places
and in such number as he/she shall €
determine to be of the greatest benefit
and convenience to the public, and every
such bus stop, bus stand, taxicab stand
or other stand shall be designated by
appropriate signs.
Sec. 23-291. Stopping, standing and
parking of buses and taxicabs regu-
lated.
(a) The operator of a bus shall not
stand or park such vehicle upon any
street at any place other than a
bus stand so designated as provided
herein.
(b) The operator of a bus shall enter a
bus stop, bus stand or passenger
loading zone on a public street in I j
such a manner that the bus, when !
stopped to load or unload passen-
gers or baggage, shall be in a
Position
sch withthe
not than
eighteen "" inches from the curb
and the bus approximately parallel
to the curb so as not to unduly
veRicularttraft?icvement of other
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(c) The operator of a taxicab shall not
stand or park such vehicle upon any
street at any place other than in a
taxicab stand so designated as
provided herein unless he/she
secures a permit from the traffic
engineer. Application for such
permit shall be made along with a
fee as determined by the traffic
engineer and adopted by the city
council. This provision shall not
prevent the operator of a taxicab
from temporarily stopping in
accordance with other stopping or
parking regulations at any place
for the purpose of and while
actually engaged in the expeditious
loading or unloading of passen-
gers.
(d) Horse -draw vehicle operators shall
be subject to subsection (c).
However, horse -draw vehicles shall
be provided stands wholly separate
and apart from taxicab stands.
Where a horse-drawn vehicle is
licensed for travel over fixed
routes starting from and returning
to a point, such vehicle shall be
provided with a stand in the core
of the.downtown area of the city in
a conspicuous place.
Sec. 23-292. Restricted use of public
carrier stands.
No person shall stop, stand or park a
vehicle other than a bus in a bus stop or
other than a taxicab in a taxicab stand or
other than a horse drawn vehicle in a
horse drawn vehicle stand when any such
stop or stand has been officially desig-
nated and appropriately signed, except
that the driver of a passenger vehicle may
temporarily stop therein for the purpose
of and while actually engaged in loading
or unloading passengers when such stopping
does not interfere with any bus or taxicab
or horse drawn vehicle waiting to enter or
about to enter such zone.
SECTION III. AMENDMENTS TO CHAPTER 35.
Article 11 of Chapter 35 of the oe is
hereby deleted in its entirety, and the
following is adopted in lieu thereof:
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ARTICLE II. VEHICLES FOR HIRE
Division 1. Generally
Sec. 35-16. Definitions.
The following words and phrases, when
used in this article, shall have the
meanings as set out herein:
City manager means the city manager or
his/her designate.
Driver means a person authorized by
the city to drive a vehicle for hire.
Driving permit means a card or badge
issued by the city clerk to each driver
authorized to operate either a taxicab
or a horse-drawn vehicle.
Holder means a person to whom a
driving permit or license has been
issued.
Horse-drawn vehicle means any vehicle
which is operated or pulled by a horse,
mule or any other beast of burden,
furnished with a driver, and carrying
passengers for hire within the city.
License means a decal issued by the
city clerk which must be attached to
each taxicab or horse-drawn vehicle for
identification.
Rate card means a card provided by the
license holder for display in each
taxicab or horse-drawn vehicle which
contains the rates of fare then in
force, including discounts.
Street shall mean any street, alley,
court, lane bridge or public place
within the Pty.
Taxicab shall include all vehicles
furnished with a driver and carrying
passengers for hire for which public
patronage is solicited within the city.
An automobile used exclusively for hotel
or motel business shall not be consid-
ered a taxicab within the meaning of
this paragraph, nor shall a vehicle
commonly known as "rent -a -car," for
which a driver is not furnished, be
considered a taxicab, nor shall a bus or
horse drawn vehicle operating over a
fixed route in the city be considered a
taxicab within the meaning of this
paragraph. Charter transportation
provided with or without drivers on a
contract or lease basis with an organi-
zation or person(s) for a prearranged
fee shall not be considered a taxicab
within the meaning of this paragraph.
In addition, vehicles owned or operated
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by state or local government entities
which provide transportation to the
public shall not be considered taxicabs.
Vehicle for hire means a horse drawn
vehicle or a taxicab.
Sec. 35-17. Name of company to be
painted on vehicle; size and location of
lettering.
'I Each vehicle for hire shall have the
name of the owner or the operating company
thereof painted plainly in letters at
least two (2) inches in height on each
side of the vehicle. On taxicabs, such
name shall be icoated in the center of the
main panel of one door.
Sec. 35-18. Distinctive color scheme
i required. i
Each taxicab shall be finished in a dis-
tinctive color, either in whole or in j
part, so that it may be readily and easily
distinguished from other vehicles as a -
- taxicab, which color scheme shall and must l
at all times meet with the approval and
requirements of the city clerk. Horse
drawn vehicles need not be finished in a ;
distinctive color scheme.
Sec. 35-19. To be equipped with interior
lights.
Each taxicab shall be equipped with an
interior light of sufficient candlepower
to amply illuminate the interior of the i
taxicab at all times. The light shall be
so arranged as to be easily accessible to
and operable by passengers; however,
interior lights may be disconnected at any
time after sunrise and before sunset.
Horsedrawn vehicles shall not be required
to be equipped with interior lights.
Sec. 35-20. Driving permit, identifica-
tion card or badge with name and photo-
graph of driver to be worn.
Each driver, while operating a vehicle j
for hire in the city, shall prominently
wear on his/her person the identification
card or badge showing the full name of the
driver and his/her photograph. The card or
badge shall be provided by the city clerk.
Sec. 35-21. Disclosure of rates.
(a) The driver of any taxicab shall
disclose to any person so requesting
at any time during or prior to the
hiring of the taxicab, an estimate of
the amount of fare to be charged such
person for the hiring of such taxicab.
lhis estimate shall be as proximate to
i
the fare charged as practicable but in
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no instance shall any driver of any
taxicab charge a fare in excess of the
estimate so given plus an amount equal
to the one -half -mile charge.
(b) The driver of any horse drawn vehicle
shall disclose to any person so
requesting at any time during or prior
to the hiring of such horse drawn
vehicle, the amount of fare to be
charged such person for covering the
fixed route from the starting point
and returning to that point.
Sec. 35-22. Rate card to be displayed and
provided to passenger.
Each license holder shall prominently
display in each vehicle for hire a fare
rate card visible to all passenger seats
and each driver shall provide a copy of
the fare rate card to a passenger, when
requested. A copy of the fare rate card
shall be filed with the city clerk.
Sec. 35-23. Receipts for fare; contents.
Upon request, the driver shall deliver
to the person paying for the hiring of the
vehicle for hire, at the time of the
payment, a receipt therefor in legible
type or writing, containing the name of
the owner of the vehicle, the city license
number, and any items for which a charge
is made, the total amount paid, the date
of payment, and the signature of the
driver.
Sec. 35-24. Right to demand prepayment of
fare, obligation to carry passengers.
(a) The driver of a taxicab shall have the
right to demand payment of the legal
fare in advance and may refuse
employment unless so prepaid, but no
driver shall otherwise refuse or
neglect to convey any orderly person,
upon request, anywhere in the city,
unless previously engaged or unable to
do so.
(b) The driver of a horse drawn vehicle
shall be subject to the provisions of
subsection (a), except that the
obligation to convey any orderly
person shall apply only to any route
filed with the city.
Sec. 35-25. State chauffeur's license
required for taxicab driver; horse drawn
vehicle operators.
(a) No person shall operate a taxicab for
hire upon the streets or the city, and
no person who owns or controls a
taxicab shall permit it to be so
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driven, and no taxicab licensed by the
city -shall be so driven at anytime for
hire, unless the driver of such
taxicab shall have first obtained and
shall have then in force a chauffeur's
license issued under the provisions of
the state code.
(b) A horse drawn vehicle operator need
not possess a chauffeur's license, but
shall demonstrate his/her ability to
control the animal and vehicle in
traffic before operating such a
vehicle.
Sec. 35-26. Driving permit for driver.
No person shall operate a vehicle for
hire upon the streets of the city, and no
person who owns or controls a vehicle for
hire shall permit it to be so driven, and
no such vehicle licensed by the city shall
be so driven at any time for hire, unless
the driver of such vehicle shall have
first obtained and shall have then in
force a driving permit issued by the city.
Sec. 35-27. Application for driving
permit.
(a) Each person desiring to operate a
taxicab shall file an application for
a driving permit with the city clerk,
upon forms provided by the city. Such
application shall be verified under
oath and shall furnish the following
information:
(1) The name and address of the
applicant.
(2) The experience of the applicant in
the transportation of passengers.
(3) The applicant's certified driving
record.
(4) The applicant's record of convic-
tions of misdemeanors and/or
felonies.
(5) Currently valid Iowa chauffeur's
license number.
(6) Such further pertinent information
as the city may require.
(b) Each person desiring to operate a
horse drawn vehicle shall file an
application for a driving permit with
the city clerk, upon forms provided by
the city. Such application shall be
verified under oath and shall furnish
the following information:
(1) The name and address of the
applicant.
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(2) The applicant's record of convic-
tions of misdemeanors and/or
felonies.
(3) Such further pertinent information
as the city may require.
Sec. 35-28. Issuance of driving permit.
The city clerk shall issue a driving
permit to each applicant when the police
chief determines that there is no informa-
tion which would indicate that the
issuance of such permit would be detrimen-
tal to the safety, health or welfare of
residents of the city.
The refusal to issue a permit may be
based upon an adverse driving record
and/or conviction of other crimes, or, in
the case of a horse drawn vehicle opera-
tor, failure to demonstrate ability to
control the animal and vehicle in traffic.
Sec. 35-29. Vehicle for hire license
decal.
No vehicle for hire shall be operated
upon any street within the city unless the
owner of such vehicle shall have first
obtained and shall have then in force a
license decal issued by the city clerk.
The decal shall be attached to the lower
lefthand corner of the rear window of a
taxicab, or displayed at the left rear of
a horse drawn vehicle.
Sec. 35-30. Application for license.
(a) Each owner of a taxicab shall file an
application for a license with the
city clerk upon forms provided by the
city. Such application shall be
verified under oath and shall furnish
the following information:
(1) The name and address of the
applicant.
(2) The experience of the applicant in
the transportation of passengers.
(3) The applicant's driving record.
(4) The applicant's record of convic-
tions of misdemeanors and/or
felonies.
(5) Such further pertinent information
as the city may require.
(b) Each owner of a horse drawn vehicle
shall file an application for a
license with the city clerk upon forms
provided by the city. Such applica-
tion shall be verified under oath and
shall furnish the following informa-
tion:
(1) The name and address of the
applicant.
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(2) The experience of the applicant in
the operation of horse drawn
vehicles.
(3) The applicant's record of convic-
tions of misdemeanors and/or
felonies.
(4) Such further pertinent information
as the city may require.
Sec. 35-31. Issuance of license decal.
The city clerk shall issue a license
decal to each owner when the police chief
determines that there is no information
which would indicate that the issuance
would be detrimental to the safety, health
or welfare of residents of the city. The
license decal shall be nontransferable as
between vehicles and owners.
The refusal to issue a license decal may
be based upon an adverse driving record,
conviction of other crimes, or when the
applicant's prior experience was unsafe or
otherwise showed lack of responsibility.
Sec. 35-32. Liability insurance prerequi-
site to issuance of license:
(a) As a condition to granting a license
required by this division the person
seeking such license shall file, in
the office of the city clerk, a motor
vehicle operator's liability insurance
policy, executed by a company author-
ized to do insurance business in the
state, in a form approved by the city,
naming the city as an additional
insured. The minimum limits of such
policy shall be as set forth by city
council resolution. Each policy shall
contain the following endorsement:
"It is understood and agreed that
before the insurance policy to which
this endorsement is attached may be
suspended or cancelled, the City of
Iowa City, Iowa, will be given ten
(10) days' prior written notice of
such proposed suspension or cancel-
lation. It is further understood
and agreed that the obligation of
this policy shall not be affected by
any act or omission of the named
insured, or any employee or agent of
the named insured, with respect to
any condition or requirement
attached thereto, nor by any default
of the insured in payment of the
premium, nor in the giving of any
notice required by said policy, or
otherwise, nor by the death,
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insolvency, bankruptcy, legal
incapacity, or inability of the
insured."
(b) The failure of any license holder to
maintain such policy in full force and
effect throughout the life of the
certificate shall constitute re-
vocation of the license.
Sec. 35-33. Mechanical inspection
prerequisite to issuance of license.
Each applicant for a license required by
this division or a renewal of such license
shall submit with his/her application
proof that all vehicles to be used conform
to the requirements of mechanical fitness
as established by the police chief. Such
proof shall consist of official certifi-
cates of inspection issued by the police
chief or his/her designee. The police
chief may require the holder of the
license to provide a current certificate
of inspection whenever it is believed that
the subject vehicle does not comply with
said requirements of mechanical fitness.
Sec. 35-34. Fees for licenses and
permits.
No license or driving permit shall be
issued or continued in operation unless
the holder thereof has paid a fee as set
by city council resolution.
Sec. 35-35. Suspension or revocation of
licenses and permits.
(a) The city manager is empowered and
authorized to revoke or suspend any
license or driving permit issued under
this division whenever:
(1) The holder has failed to comply
with any provision of this
article, or
(2) A fact exists which would have
been a ground for refusal to issue
a license or permit, or
(3) The holder's service to the public
is so inadequate or insufficient
as to adversely affect the
public.
(b) A license or driving permit may be
suspended or revoked by the city
manager upon seven (7) days' notice.
Such notice shall:
(1) Be in writing;
(2) Include a statement of the factual
circumstances relating to the
action taken;
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(3) Include a reference to the
particular section of this article
authorizing such action;
(4) Allow a specific time for the
performance of any act to remedy
the existing situation;
(5) Be delivered either by personal
service or sent by certified mail,
return receipt requested; and
(6) Include a statement that the
holder affected by such notice may
request, and shall be granted a
hearing before the city council.
The notice shall further state
that a failure to request a
hearing by filing a written appeal
with the city clerk within seven
(7) days of service or mailing of
such notice and order shall
constitute a waiver of the right
to a hearing and that such notice
shall become a final determination
and order.
(c) Any holder affected by any notice or
order may request, and shall be
granted, a hearing on the suspension
or revocation before the city council,
provided the holder files with the
city clerk a written petition of
appeal within seven (7) days of the
date the notice was served or mailed.
Any petition so filed shall include a
brief statement of the grounds upon
which such appeal is taken. The filing
of such petition shall stay any action
taken by the manager until final
determination by the city council.
Failure to request a hearing within
seven (7) days of service or mailing
of a notice shall constitute a waiver
of the right to a hearing, and the
action taken by the city manager shall
become a final determination.
(d) Upon receipt of the appeal, the city
clerk shall set the matter for public
hearing before the city council no
later than thirty (30) days from the
filing of the appeal. Notice of such
public hearing shall be pursuant to
state law, with written notification
to the applicant.
(e) The hearing of an appeal shall be open
and informal. The hearing may be
continued by the city council.
SMI
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(f) The city council shall render its
written decision within thirty (30)
days of the close of the hearing. The
decision of the city council shall be
a final determination and the appel-
lant may seek relief therefrom in the
district court of Iowa as provided by
the laws of this state. Such decision
of the city council may consist of:
(1) Reaffirmation of the original
decision to revoke, suspend or
deny renewal of the license or
permit, or
(2) Deletion or alteration of any part
of the original decision, or
(3) Reversal of the original decision
by reinstating or ordering the
renewal or issuance of the license
or permit.
Sec. 35-36. Term; renewal of licenses and
permits.
Permits and licenses shall be valid for
a period of one year from date of issu-
ance. Renewal shall follow the same
procedure as set for initial issuance.
Division 2: Horse Drawn Vehicles
Sec. 35-37. Horse drawn vehicles -
routes.
Horse drawn vehicle licensees must
adhere to the routes specified in their
application for a license. A new or
temporary route must be filed with the
city clerk before a licensee may use such
route.
Sec. 35-38. Horse drawn vehicles -
sanitation.
a. All horses, mules and other animals
operating or pulling horse drawn
vehicles shall be equipped with
adequate devices to prevent manure and
other excrement from falling upon the
streets of the city.
b. Any excrement which falls upon the city
streets shall be removed at the
licensee's expense.
c. All animal waste for disposal shall be
transported to sites or facilities
legally empowered to. accept it for
treatment or disposal.
Sec. 35-39. Horse drawn vehicles - animal
treatment and health.
a. Licensees shall assure adequate rest
periods, feeding schedules, health and
related animal performance and well-
being for each animal under the
licensee's ownership, care or control.
Page 12
This responsibility shall include
carriage load limits, hours of opera-
tion and daily hours of animal usage.
(1) The feeding of an animal drawing a
vehicle for hire from a feed bag or
bucket along any street or alley
shall not be a violation of Sec.
31-6.
(2) No animal shall be required to work
more than ten (10) hours per day.
(3) No animal shall be left unattended
while in service.
b. For each animal that will be pulling a
licensed vehicle, licensees shall
provide to the city clerk a certificate
of soundness, issued by a veterinarian
licensed by the State of .Iowa, finding
such animal to be free from infectious
disease, in good health and fit for
hack and carriage service under this
article.
(1) After initial inspection, each
animal shall be reinspected at
intervals of no more than six (6)
months, and a certificate of
soundness shall be issued by a
veterinarian and filed with the
city in order for each animal to
remain in service.
(2) No animal shall be used to draw a
vehicle for hire without such
certificate of soundness certified
and dated within any preceding
six-month period.
SECTION IV. REPEALER. All ordinances and
parts of ordinances Th conflict with the
provisions of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
provision or part o e Ordinance shall
be adjudged to be invalid or unconstitu-
tional, such adjudication shall not affect
the validity of the Ordinance as a whole
or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
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Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Received & Approved I
By The Legal Dearhneol
R +.
II
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Page 13
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Received & Approved I
By The Legal Dearhneol
R +.
II
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It was moved by and seconded by
that the r finance as rea a adopted and upon ro ca ere
were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
MCDONALD
STRAIT
ZUBER
First consideration 6/18/85
Vote for passage:yes: risco, Baker, Erdahl, McDonald,
Strait. Nays: None. Absent: Dickson, Zuber.
Second consideration
Vote for passage
Date published
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