Chapter 12.20
CERTAIN VEHICLES PROHIBITED OR RESTRICTED ON CITY STREETS

Sections:

12.20.010    Permit—Required.

12.20.020    Permit—Fee.

12.20.030    Permit—Term.

12.20.040    Protective measures.

12.20.050    Use of chains exempted.

12.20.060    Horses, horse-drawn carriages and other horse-drawn vehicles generally prohibited—Exceptions.

12.20.070    Violation—Penalty.

12.20.010 Permit—Required.

It is unlawful to operate any vehicle having a hard track surface, cleats or hard cleats of any kind whatsoever or having a metal track or hard track, or having a hard surface track or hard wheel upon the streets of the city of Poulsbo, unless the owner of the vehicle has first obtained a permit from the city clerk for such use; provided, however, that tires with metal studs imbedded therein may be used on any vehicle without a permit from November 1st to April 1st; and provided further, that tires with metal studs embedded therein may be used without a permit upon school buses and fire department vehicles at all times during the year. (Ord. 84-6 § 1, 1984: Ord. 134 § 1, 1946)

12.20.020 Permit—Fee.

The license for the vehicle shall only be granted upon the written application and upon the payment of a fee as set forth in Section 3.12.040(N). The application is to be made seven days in advance of the proposed use. A copy of the application shall be referred to the next regular council meeting for approval or rejection of the application for the use of the hard surfaced vehicle. (Ord. 2003-16 § 29, 2003: Ord. 134 § 2, 1946)

12.20.030 Permit—Term.

The permit shall be good for a period of sixty days, but any abuse in the use of the permit shall result in cancellation thereof and the city council, at its discretion, may refuse to grant to any person violating this chapter any further permit to use any such vehicle in the city of Poulsbo. (Ord. 2003-33 § 16, 2003: Ord. 134 § 4, 1946)

12.20.040 Protective measures.

Any person using any such vehicle shall take all precautions necessary to protect the streets of the city of Poulsbo and, if it is necessary in order to protect the streets of the city of Poulsbo, planks shall be laid and sand placed upon the streets, so that no damage whatsoever shall result to the streets at any time from the use of the vehicle. Any damage done by a vehicle as described in this section shall be repaired by the person responsible for the vehicle and shall remove all planks and sand after passage. (Ord. 134 § 3, 1946)

12.20.050 Use of chains exempted.

Nothing in this chapter prohibits the use of ordinary chains for ordinary passenger and commercial vehicles. (Ord. 134 § 6, 1946)

12.20.060 Horses, horse-drawn carriages and other horse-drawn vehicles generally prohibited—Exceptions.

A.    It shall be unlawful for any person to ride, herd or lead a horse, or operate a horse-drawn carriage or similar horse-drawn vehicle on public streets or alleys within the downtown area of Poulsbo, except as provided in subsection B of this section. The downtown area of Poulsbo is hereby defined to be the area enclosed by and including the right-of-way of N.E. Hostmark Street, Third Avenue N.E., N.E. Iverson Street, Jensen Way N.E., and N.E. Sunset Street.

B.    Horses, horse-drawn carriages or horse-drawn vehicles are permitted only under the following limited circumstances:

1.    As a part of a circus licensed pursuant to Chapter 5.30;

2.    A parade or other licensed public event for which crowd and traffic control is provided; and

3.    When operated by a charitable, nonprofit community organization, pursuant to city council approval, during a recognized community celebration and/or holiday period, including but not limited to the period from November 15th through January 1st of each year under the following terms and conditions and such additional requirements as may be required by the city council in its sole discretion:

a.    The authorization shall confer no vested right, and may be terminated in the sole discretion of the city council on the recommendation of its police chief when the number, speed or other aspect of the horse-drawn vehicles conflicts with the safe and reasonably prompt passage of vehicles through the downtown area or otherwise endangers the public’s health, safety and welfare;

b.    The authorization shall limit the number of horse-drawn vehicles to be operated within the downtown area, and no more than a specific number of horse-drawn vehicles shall be operated;

c.    Each operator of a horse, horse-drawn carriage or horse-drawn vehicle shall make provision for the collection and removal of fecal matter and other waste generated by the horse; and

d.    Adequate insurance and bonding are provided by the applicant in a form approved by the city attorney and providing for at least one million dollars of public liability coverage per incident and naming the city as the named insured. (Ord. 2005-23 § 1, 2005)

12.20.070 Violation—Penalty.

Any person violating any provisions of this chapter shall be fined in the sum of not less than five hundred dollars nor more than one thousand dollars or imprisoned in the city jail for not more than thirty days, or by both such fine and imprisonment. Each and every day of violation shall constitute a separate violation and offense. (Ord. 93-23 § 2, 1993)