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HomeMy WebLinkAboutORD 2004-50 - Horse Drawn CarriagesORDINANCE •+_. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, ADDING CHAPTER 6.25 OF THE GEORGETOWN MUNICIPAL CODE RELATING TO NON - MOTORIZED HORSE DRAWN CARRIAGES TO THAT CHAPTER; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown, Texas (the "City") Police Department issues permits for taxicabs and buses but not non -motorized horse drawn carriages; and WHEREAS, there has been a public request to the City Council that it amend its Code of Ordinances to pen -nit non -motorized horse drawn carriages to be permitted to operate within the City limits; WHEREAS, Police Department has requested that the Code of Ordinances be amended to permit non -motorized horse drawn carriages to operate within the City limits; and WHEREAS, the City Council of the City of Georgetown, Texas, finds that it is in the public interest to make the amendments as requested by the public and Police Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Century Plan Elements: 12.0 Georgetown's transportation system provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately services the needs of individuals. 12.4 The City supports private transportation services in the community. Ordinance No. aDQ4 5D .=Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Seri4ce Vehicles for Hire. Georgetown Municipal Code Page 1 of 15 The Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan; SECTION 2. Chapter 6.25 of the Code of Ordinances of the City of Georgetown relating to Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire is added to permit the operation of non -motorized, horse drawn carriages providing passenger transportation services within the City of Georgetown. CHAPTER 6.25 HORSE DRAWN CARRIAGES AND OTHER NON - MOTORIZED SERVICE VEHICLES FOR HIRE Sec. 6.25.010. Definitions. (a) Applicant means any individual, firm or corporation in the process of attaining either a license or a permit to operate a horse drawn carriage or other non -motorized service vehicle for hire. (b) City means the City of Georgetown, Texas. (c) Cruise or cruising means the movement of unoccupied carriages or other non -motorized vehicles for hire over the public streets of the City in search of or soliciting prospective passengers for hire; provided, however, unoccupied carriages or non -motorized service vehicles proceeding to answer a telephone call for service from an intending passenger, and carriages and non -motorized service vehicles returning to the place where such carriage or non -motorized service vehicle is housed or to the place of discharge of the passenger(s), shall not be considered to be cruising. (d) Horse drawer carriage means any horse drawn service vehicle including horse or animal drawn carriages and non -motorized service vehicles, used for the transportation of passengers for hire over the public streets of the City. (e) Horse drawn carriage licensee means any person who has the control, direction, maintenance and the benefit of revenue derived from the operation of horse drawn carriages on or over City streets, whether as owner or otherwise. (f) License means the authority granted by the City to operate a horse drawn carriage or other non -motorized vehicle for hire and shall authorize such operator of a horse drawn carriage or other non -motorized vehicle to Ordinance No. f 0 o Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 2 of 15 engage in the business of transportation by carriage or non -motorized vehicle. (g) Manifest means a daily record prepared by the carriage or non - motorized vehicle operator of all trips made by such operator showing time and place of origin, destination, number of passengers and the amount of fare for passengers. (h) Nora -Motorized Service Vehicle Operator means any person who has the control, direction, maintenance and the benefit of revenue derived from the operation of non -motorized service vehicle on or over City streets, whether as owner or otherwise. (i) Operator or chauffeur means every person in actual charge of operation of a carriage or non -motorized service vehicle whether as owner or agent, servant or employee of the owner. 0) Overcrowding means that the operator is transporting a greater number of people in the carriage or non -motorized vehicle than has been recommended by the manufacturer in the operation of such carriages or vehicles. At no time is a customer allowed to occupy the operator's box of a carriage or non -motorized vehicle or ride or occupy the back of an. animal while in service or hitched to the carriage or vehicle. (k) Permit means the authority granted by the City to an individual to operate a horse drawn carriage or other non -motorized service vehicle for hire. (1) Rest means the time an animal is allowed to stand at rest, including the time an animal is harnessed to a carriage but not available for public hire. (m) Work/Service means the time an animal is harnessed to a carriage and available for public hire. Sec. 6.25.020. Carriage and non -motorized vehicle transportation described. A. Carriage and non -motorized services provide ground transportation services using carriages and non -motorized vehicles pulled by animals. Passengers are transported on designated streets for a fixed rate determined by the length of the route. Ordinance No. gaQ04 Addition of Chapter 625 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 3 of 15 B. Carriage and non -motorized vehicle may operate only on the streets and designated traffic lanes and during the times allowed and approved by the City. C. The carriage and non -motorized vehicle may load and unload passengers and park a vehicle only at locations approved by the City. Sec. 6.25.030. License; application; requirements. A. It shall be unlawful for an individual or business entity to operate or cause to be operated any horse drawn carriage or non -motorized service vehicle for the transportation for hire of persons upon or over any street in the city unless there has first been obtained for such service, a license duly issued by the City as hereinafter provided. Be License — Application. To obtain an application for a license for the operation of a horse drawn carriage and/or a non -motorized service vehicle within the City limits, the applicant shall file a written application with the Office of the Chief of Police or his designee on a form prescribed by the department. Initial applications for service may be made at any time during regular business hours. Application for renewal of an existing license shall be completed annually prior to expiration of the license. C. License — Requirements. The applicant shall provide the following information: (1) Name of the person or entity. (2) Address of the person or entity. (3) Telephone number of the person or entity including an emergency contact phone number with 24/7 availability. (4) The name, address, telephone number, and Texas driver's license number of the applicant and each officer, director, partner, and any other person who will participate in business decisions of or who has the authority to enter contracts on behalf of the service. (5) Description of the horse drawn carriage or non -motorized service vehicle such as color, make, model, type, manufacturer, model number and/or serial numbers. (6) Names, addresses, ages, Texas driver's licenses and other such identifying numbers of the operator(s). (7) Certified copies of any documents required by state law to be filed for the business entity to legally exist, and a statement that the business is in "Good Standing" if the state requires the entity to file documents with the Texas Secretary of State. f Addition of Chapter 625 Horse Drawn Carriages and Other Non -Motorised Service Vehicles for Hire. Georgetown Municipal Code Page 4 of 15 (8) Proof of insurance coverage and the proof of public liability insurance. See Sec. 6.25.040. below. (9) A schedule of rates to be charged to passengers; (10) Identify the streets and designate traffic lanes over which the carriage or non -motorized service will travel during specified time periods; (11) Specify the off-street locations for parking and passenger loading and unloading; and (12) A statement that the applicant has not been finally convicted of any felony or other offense involving moral turpitude within the past ten (10) years. D. The application shall include a sworn statement by the applicant that all information provided in the application is true and correct and shall further state that the City is authorized to check the driving record and criminal history, if any, of the applicant. The police department shall investigate the facts stated in the application. E. The Police Department will collect and keep the above information as it pertains to the application process. F. A certified copy of a criminal history from the Texas Department of Public Safety for the applicant and each operator(s) must also be submitted with the application. The copy must have been obtained within the 30 days preceding the date the application is submitted. G. Each application shall be accompanied by a nonrefundable license fee of fifty dollars ($50.00) per carriage or non -motorized service vehicle. H. An application for a license under this chapter shall be denied where: (1) Required application information is incomplete or incorrect; (2) Applicant is currently wanted on warrant for arrest; (3) Applicant has been convicted of any offense reportable to the Texas Department of Public Safety or the Federal Bureau of Investigation under the National Incident Base Reporting System or Crime Index programs or other law enforcement reporting system. I. The Chief of Police or his designee is hereby authorized and empowered to revoke or suspend any license issued hereunder upon his finding that any licensee has willfully violated any of the provisions of this Chapter. See Ordinance No. t Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for - Hire. Georgetown Municipal Code Page 5 of 15 Sec.6.25.090 below for procedural requirements to appeal revocation or suspension of any license. Sec. 6.25.040. Insurance. A. Before the license can be issued, each applicant shall deliver to the police department a certificate of insurance reflecting insurance coverage as herein prescribed. The applicant shall keep in full force and effect during the tern of the permit, a public liability insurance policy, issued by an insurance company fully authorized to do business in this state and performable in this county, insuring the public and the City of Georgetown, against any and all loss or damage that may result to any person or property from the operation of such vehicle(s). The certificates of insurance shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to the City. Passenger liability exclusions are expressly prohibited. Insurance shall be in the following minimum amounts: (1) $250,000.00 per person, per accident for injury or death; (2) $500,000.00 total liability per accident due to bodily injury or death; (3) $40,000.00 for property damage per accident; and (4) $2,500.00 personal injury protection for each passenger. B. The City must be included as an additional insured on each policy. The licensee is responsible for paying all applicable deductibles. C. This insurance policy shall be issued for a minimum of one calendar year, or for the year or time period for which the license is requested. D. In the event that any insurance policy is canceled upon the request of the surety or insured, and no insurance policy is filed by the license holder before the cancellation date, the license shall be automatically revoked. Sec. 6.25.050. Required procedures for the licensed operating authority. A. The licensee shall maintain all barns, stables or other housing for the service animal(s) in a safe and sanitary condition, and agrees to permit the department to inspect the facilities at any time. B. The licensee shall keep all streets, public and private right of ways, and holding or staging areas clear and free of animal void and excrement. The licensee shall equip each service vehicle with a diaper device, approved by the Ordinance No. 2&Ltw Addition of Chapter 6.25 Horse Draim Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 6 of 15 Police Department, to collect and prevent excrement from falling on the roadway and associated areas. co All portions of the interior upholstery of a carriage or non -motorized service vehicle used to provide non -motorized transportation must match in color or be of similar shades, without noticeable tears or other damage. D. The licensee must repair or replace any missing, broken or significantly damaged interior and exterior parts of a carriage or non -motorized service vehicle used to provide non -motorized service in a neat and inconspicuous manner. E. The licensee shall permanently affix and prominently display a Texas Department of Transportation approved slow moving vehicle metal sign on the rear of the carriage or non -motorized service vehicle and keep it in good condition. F. The licensee shall equip the carriage or non -motorized service vehicle with reflectors and/or reflective material that are visible 360 degrees. The reflectors must be red in color to the rear and rear sides and yellow to amber in color to the sides at the front of the vehicle. White reflectors may be displayed on the front of the service vehicle. G. The licensee shall equip the carriage with lights visible 500 feet during daylight hours on the carriage or non -motorized service vehicle and must be visible 360 degrees. The lights must be red in color to the rear and rear sides and yellow to amber in color to the front sides and front. White lights must be placed on the front of the carriage or non -motorized service vehicle. H. The licensee shall ensure an ABC Fire Extinguisher (5 lbs.) in good working order be aboard the carriage or non -motorized service vehicle at all times. I. The licensee shall ensure the carriage or non -motorized service vehicle displays a current City of Georgetown taxi permit decal in a prominent location near the back rear of the vehicle, visible to the public. I The licensee shall equip the carriage or non -motorized service vehicle wheels with rubber inserts and/or a rubber surface that contacts the street pavement upon which it operates. K. The licensee shall equip the service vehicle with manually operated brakes with sufficient braking power to hold the loaded service vehicle stationary on a 15 degree incline and to cause the wheel to lock while in motion. Ordinance No. Addition of Chapter 6.25 Horse Drawn Carriages and Other Nora -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 7 of 15 L. The licensee shall ensure the service vehicle displays a current rate card in such a way that it is visible to the passenger compartment area. M. The licensee shall ensure the business name and telephone number is prominently displayed near the rate card so that it is visible from the passenger compartment. N. The licensee shall ensure the animal used to pull the carriage or other non - motorized service vehicle be in an overall healthy, groomed appearance and form suitable for the task of pulling a carriage or non -motorized service vehicle. O. The licensee shall furnish health papers from a veterinarian issued within. 90 days immediately preceding the day the animal is used to provide service that the animal is in good health, and is suited to and physically capable of pulling the proposed service vehicle, passengers and payload. P. The health papers shall list identifying marks, numbers, brands and or descriptions to aid in identification of the animal. Q. The animal shall be shod with "horseshoes" of a type approved by the Police Department. They shall be of a type that has a rubber insert or rubber covered that contact the road surface. R. The licensee shall ensure the animal and carriage or other non -motorized service vehicle conforms to other equipment requirements and/or standards as are prescribed by the Police Department. S. The licensee shall not provide service when the temperature at any Georgetown site monitored by the National Weather Service is reported to be below 32 degrees Fahrenheit or above 100 degrees Fahrenheit. T. The licensee shall not provide service past the hour of 10:00 p.m. on any night. Hours of allowable operation are from 7:00 a.m. to 10 p.m. Extended hours of allowable operation may be authorized under Chapter 12.24 "Events and Celebrations" if approved by the City Manager. U. The licensee shall conduct business in a professional, legal and ethical style that would be viewed as appropriate by members of this community. Sec. 6.25.060. Permit — Required. A. No individual shall operate or cause to be operated upon or over the highways, streets or alleys within the City limits any service for hire that Ordinance No. .f *50 Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 8 of 15 transports person(s) as passengers or goods and services for compensation or hire within the confines of an animal drawn carriage or other such vehicle of any kind, unless a valid permit has been issued for such individual. A licensee may not cause or otherwise allow a person to operate a horse drawn carriage or non - motorized service vehicle within the City limits without such a permit. It shall be unlawful for any person to operate a carriage or non -motorized service vehicle unless and until he or she has provided their name, address, date of birth, and state operator's license number to the police department and been issued a City operator's permit. Upon request, all operators shall display a city operator's permit issued by the City as described herein. B. Every individual proposing to operate a horse drawn carriage or non - motorized service vehicle upon the City streets shall submit an application to the police department on forms provided by the police department. Every applicant shall furnish under oath the following information: (1) Name, local residence address, date of birth, and telephone number; (2) Texas driver's license number, expiration date and three-year driving record; (3) A statement that the operator has not been finally convicted of% (a) Prostitution or related offenses; (b) Driving while intoxicated; (c) Violations of the Controlled Substance Act; (d) Theft over $500.00; or (e) A felony or other offense involving moral turpitude. (f) Three or more moving traffic violation in the preceding 12 - month period. (4) Two color photographs of the applicant taken within the three months prior to the application; (5) That the applicant is over the age of 19; (6) That the applicant has read in full and understands the provisions of this Chapter. C. No operator convicted of any of the above offenses shall be allowed to operate a carriage or non -motorized service vehicle. Failure to provide such information for each operator of non -motorized transport within the City shall be grounds for revocation of the permit. D. Upon finding that the applicant meets the qualifications stated herein, the police department shall cause to be issued to such applicant an operator permit. Each permit shall be for a one-year term. The fee for each permit is $20.00. Ordinance No. Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 9 of 15 E. The Chief of Police or his designee is hereby authorized and empowered to revoke or suspend any operator permit issued hereunder upon his finding that any operator has willfully violated any of the provisions of this Chapter. See Sec.6.25.090 below for procedural requirements to appeal revocation or suspension of any operator permit. F. The City operator permit shall be prominently displayed at all times in full view of persons in the back seat of the carriage or non -motorized service vehicle being operated by the operator. Sec. 6.25.070 Permit — Application — Inspection — Fee - Renewal A. A written statement provided in the permit application packet must be signed by the applicant certifying that no horse drawn carriage or non -motorized service vehicle shall be operated by any operator not identified in the application. Be The City reserves the right to inspect the carriage and non -motorized service vehicle(s) and animals used to provide the transportation service. The intent is to ensure the public safety and the safety and serviceable operation of the vehicle(s) and animal(s). Out of compliance status shall be assigned to vehicle(s) and/or animal(s) deemed unfit for service or unsafe as determined by the Chief of Police or his designee. The vehicle(s) and/or animal(s) shall discontinue service until such time as they can satisfactorily pass said inspection. If operation persists, then a violation exists and is enforceable by Police and/or Code Enforcement officials. C. Fees to be assessed are per carriage(s) or non -motorized vehicle(s) and operator(s) of such vehicles. See Sec. 6.25.090 below. D. Application for renewal of an existing permit shall be completed annually prior to the expiration of the permit. Sec. 6.25.080. Additional requirements to operate a carriage or non - motorized transportation service. The following requirements are necessary for the operation of a horse drawn carriage or non -motorized transportation service in the City: (1) The operator shall keep the carriage or non -motorized service vehicle and any equipment used to provide non -motorized service in a safe, sanitary and clean condition. Ordinance No. Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 10 of 15 (2) The operator shall keep the interior of the carriage or non - motorized service vehicle reasonably flee of dirt and rubbish and clean in appearance. (3) The operator shall allow service animal(s) a rest period every one hour of operation or service. (4) The operator shall provide potable water for the animal on a routine basis. Drinking water should be offered to the animal hourly. (5) The operator shall allow the inspection of the service vehicle and or service animal(s) at any time by Police Officers and or Code Enforcement Officers. (6) The operator shall allow Police Officers and/or Code Enforcement Officers to stop service for violations of this and other laws and/or exigent circumstances. (7) While on duty, the operator shall not operate the carriage or non - motorized service vehicle at a speed faster than a walking gait, unless necessary for the safety of the passengers, operator and or animal(s). (8) The operator shall report any accident involving an animal or service vehicle to the Police Department and/or the City of Georgetown Risk Manager. (9) While on duty, the operator shall not leave the animal and or service vehicle unattended unless the animal is confined in an enclosure such as a livestock trailer or stable. (10) The operator shall not allow the animal to be subjected to cruel or harassing treatment. (11) The operator shall not carry more passengers than the carriage's design capacity. (12) The operator shall not allow customers to occupy the driver's box of a service vehicle. (13) The operator shall set the service vehicle's brake at every stop where entry and/or exit of passengers exist. The operator shall also set the service vehicle brake when he/she exits the vehicle or is absent from the operator's box. (14) While on duty, the operator shall not allow anyone to ride or occupy the back of an animal while in service and or hitched to the carriage vehicle. (15) The operator shall transport all animal excrement collected in the diaper device to the stable for disposal. (16) The operator shall conduct business in a professional, legal and ethical style that would be viewed as appropriate by members of this community. Ordinance No. Addition of Chapter 6 25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 11 of 15 (17) The owner/operator shall not use, nor allow, the use of a whip, bat or other such instrument, in such a way that would cause harm, abuse or the appearance of harm or abuse to the draft animal. This does not prohibit the reasonable use of such an instrument to gain compliance from the working animal and as would not constitute a violation of the State animal cruelty law. Sec. 6.25.090. Offenses and penalties. A. It shall be unlawful for any person to violate any provision of this chapter. B. Each violation of this chapter shall constitute a separate offense and each offense shall be punishable as a Class C misdemeanor and shall each be punishable by a fine not to exceed $500.00 for each day the violation exists. C. It shall be unlawful for any person engaged in the non -motorized transportation business to overcrowd the carriage or non -motorized service vehicle. D. It shall be unlawful for any carriage or non -motorized service vehicle to cruise at any time within the City. E. It shall be unlawful for any operator of any carriage or non -motorized service vehicle or for any other person acting for the operator to seek or solicit patrons or passengers for any such carriage or non -motorized service vehicle by word or sign, directly or indirectly, while driving any such carriage or non - motorized service vehicle over, through, or on, any public street or public place of the City, or while same is parked on any public street or alley of the City, or to repeatedly or persistently drive any such vehicle through, over, or on, any public street or places of the City, except in response to calls of prospective passengers or while actually transporting passengers therein. F. It shall be unlawful for an operator employed to carry passengers to a definite point to fail to take the most direct route that will carry such passengers safely and expeditiously to their destination. Sec. 6.25.100. Revocation or suspension of license or permit; appeal. A. The Chief of Police or his designee is hereby authorized and empowered to revoke or suspend any license issued hereunder upon his finding that any carriage or non -motorized service vehicle operator has willfully violated any of the provisions of this chapter. Such revocation or suspension shall take effect upon delivery of written notice thereof to the licensee, with such delivery being Ordinance No. p Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 12 of 15 made in person or by certified mail through the United States Postal Service; provided, however, that the licensee shall have the right to appeal to the City Manager from any such action of the Chief of Police by delivering such appeal to the City Manager, with a copy delivered to the Chief of Police, not more than five days after the action appealed from. In the event the licensee shall fail to deliver such notice to the City Manager within the time prescribed, the action of the Chief of Police in revoking or suspending the license shall be final. If the licensee timely delivers the notice to the City Manager, the City Manager or his designee, shall hear the appeal not more than 20 days after the filing of the notice of appeal. B. If timely appealed, a license shall be revoked or suspended by the City Manager or his designee upon the verification of any of the following: (1) The license was obtained by an application in which any material fact was intentionally omitted or falsely stated; (2) The licensee has been finally convicted of a felony or other offense involving moral turpitude; (3) The licensee has persisted in the operation of the carriage or non - motorized service vehicle that is in violation of any law; (4) The licensee has willfully and knowingly violated or failed to comply with any of the provisions hereof or any policies or rules set out pursuant to this chapter; (5) The licensee has charged, or allowed to be charged, rates in excess of the rate schedule filed with the police department as provided in this chapter; (6) The licensee thereof has been guilty of willfully operating said service in a negligent maturer; (7) The licensee has allowed its insurance to be canceled, withdrawn, terminated, or to fall below the minimum prescribed in this chapter; (8) The licensee has allowed any of its carriages or non -motorized service vehicles to become damaged, deteriorated or unclean to the extent that it is unsatisfactory for public use; (9) The licensee has failed to show financial ability to maintain services in compliance with the terms hereof; or (10) The licensee has allowed any operator or attendant to operate a carriage or non -motorized service vehicle after final conviction of any offense described in Section 6.25.060 B. C. If timely appealed, a permit shall be revoked or suspended by the City Manager or his designee upon the verification of any of the following: (1) The operator has been finally convicted of a felony or other offense involving moral turpitude; Ordinance No. Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 13 of 15 (2) The permit was obtained by an application in which any material fact was intentionally omitted or falsely stated; (3) The operator has persisted in the continued operation of carriages or non -motorized vehicles that are in violation of any law; (4) The operator has willfully and knowingly violated or failed to comply with any of the provisions hereof or any policies or rules set out pursuant to this Chapter; (5) The operator has charged rates in excess of the rate schedule filed with the police department as provided for in this Chapter; (6) The operator has been found guilty of willfully operating said carriage or non -motorized service vehicle in a negligent manner; (7) The operator has allowed insurance on an operator to be canceled, withdrawn, terminated, or to fall below the minimum prescribed in this chapter; (8) The operator has allowed any of its carriages or non -motorized service vehicles to become damaged, deteriorated or unclean to the extent that it is unsatisfactory for public use; or (9) The operator has continued to operate a carriage or non -motorized service vehicle after final conviction of any offense as described in Section 6.25.060 B; (10) The operator has altered, or caused to be altered, the City operator permit photograph. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the _ day of , 2004. A PASSED AND APPROVED on Second Reading on the day of�, 2004. Ordinance No. a Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 14 of 15 ATTEST: Sandra Lee City Secretary APPROVED AS TO FORM: G �`t-- Patricia E. Carls City Attorney THE CITY OF GEORGETOWN: y: tGARY NELON Mayor Ordinance No. Addition of Chapter 6.25 Horse Drawn Carriages and Other Non -Motorized Service Vehicles for Hire. Georgetown Municipal Code Page 15 of 15