Chapter 5.15


5.15.010    Definition.

5.15.020    License requirements.

5.15.030    Equipment and operation requirements.

5.15.040    City not liable, indemnity, liability insurance required.

5.15.050    Violation – Penalty.

5.15.010 Definition.

“Horse trolley,” including the term “horse taxi,” means a nonmotorized vehicle drawn by a horse, pony, mule, donkey or the like, such as a horse carriage used for the transportation of passengers and incidental baggage for compensation upon the streets of the city, available to use by the general public. (Ord. 2004-5 § 1, 2004).

5.15.020 License requirements.

The following licenses are required in addition to the license requirements of Chapter 5.01 TMC:

A. Driver’s License.

1. Each horse trolley driver must have a valid Washington State driver’s license to operate a horse trolley on the streets of the city.

2. Each horse trolley driver shall obey all state and local traffic laws. It is a violation of this chapter, and grounds for suspension or revocation of the horse trolley operator’s business license issued pursuant to Chapter 5.01 TMC, for any horse trolley driver to:

a. Commit more than two traffic infractions in any 12-month period;

b. Fail to deliver to the police department within 24 hours any property of value found in a vehicle.

3. It is a violation of a horse trolley business license, and grounds for suspension or revocation, for any horse trolley business to violate any provision of this chapter.

B. Trolley Vehicle License. Each horse trolley vehicle shall have a horse trolley vehicle license to operate on the streets of the city. A horse trolley vehicle license is not transferable to another person or vehicle. An applicant for a horse trolley vehicle must submit:

1. Proof of ownership, or lessee’s interest in the vehicle, or a written statement if homemade;

2. The name and address of the owner of the vehicle; and

3. The make, model, year of manufacture, color, and any identifying number of the vehicle, and, if homemade, side, front and rear photographs. (Ord. 2004-5 § 1, 2004).

5.15.030 Equipment and operation requirements.

A. Trolley and Animal Equipment.

1. The trolley and all related equipment shall be maintained in a safe condition at all times. Equipment requirements are as follows:

a. Animal Equipment. All animal equipment including bridle, harnessing and related equipment (tack) shall be properly fitted to each horse and must be maintained in good repair.

b. Brakes. All trolleys shall be equipped with friction or mechanical brakes.

c. Lights. Two clearly visible safety reflectors shall be placed on the rear of each trolley. Two flashing red lights that also function as brake lights and turn signals shall be mounted on the rear of each trolley, and shall be in operation at all times when the trolley is on a public street. The lights must be visible from a distance of no less than 100 feet during daylight hours.

2. Inspection. Each licensed trolley shall be inspected annually by the police department prior to operation and open for inspection during all hours of operation.

B. Trolley Operation.

1. It shall be unlawful to:

a. Leave a trolley unattended or to dismount an occupied trolley.

b. Refuse to pick up any person when the vehicle is available, or discriminate against any person because of race, religion, national origin, sex, marital status, age, or mental or sensory handicap; provided, that a person who is intoxicated, exhibits abusive or confrontational behavior, or has offensive personal hygiene may be refused passage; and provided, that an unruly, abusive, disruptive or intoxicated passenger can be discharged from the trolley.

c. Allow a passenger to consume intoxicating liquor or controlled substances in the vehicle, except for a wedding or party approved by the chief of police and with a State Liquor Board banquet permit.

d. Pick up or allow passengers to depart while the trolley is in motion. Passengers shall be discharged on private property, sidewalks or at street pavement edge or curb. Passengers shall not be discharged into traffic or traffic lanes.

2. Trolley Routes. The police chief shall approve all trolley routes on public streets.

C. Animals.

1. Safe and Humane. Animals shall be treated in a safe, humane manner and shall receive prompt veterinary care for any illness or injury. It shall be unlawful for any trolley operator to:

a. Leave any animal under his care unattended, whether tethered or untethered, except in an approved stable.

b. By reason of neglect or intent, cause or allow any animal under his care to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury he has so caused to any animal under his care.

D. Manure. Horse trolley operators must promptly collect and properly dispose of manure resulting from the operation of their horse trolleys, both in and around the places where their animals are kept within the city when the trolleys are not in use, and throughout the streets within the city of Toppenish over the course of the route followed by the horse trolley. Reasonable measures shall be taken to keep manure off of the streets. Manure that falls upon the streets must be removed as soon as reasonably possible.

E. Location, Trolley Stalls. The city manager, with advice of the police chief and public works director, may designate horse trolley stalls on public streets and parking lots.

F. Special Requirements. Because of the relative lack of speed and maneuverability of horse taxis, the chief of police or public works director may impose special requirements on vehicle operation, including but not limited to prohibiting travel on certain arterial streets in the congested district or narrow streets and restricting the hours of operation on certain streets. (Ord. 2004-5 § 1, 2004).

5.15.040 City not liable, indemnity, liability insurance required.

A. City Not Liable. Neither the city nor its employees shall be liable for any claim, loss, injury or damage to persons or property of whatsoever kind or nature caused in whole or in part by or arising directly or indirectly out of the issuance of any license hereunder, or the conduct or operation of any such horse trolley business.

B. Indemnity. Prior to the issuance of a business license, the applicant shall execute and deliver to the city on a form supplied by the city clerk an agreement in writing to defend, indemnify and hold harmless the city and its employees from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the operation of such horse trolley.

C. Liability Insurance Required.

1. Prior to the issuance of a business license, the applicant shall file with the city clerk evidence of comprehensive public liability insurance.

2. The limits of such policy shall be not less than $100,000 for each incident of personal injury or death, $300,000 aggregate coverage for any single accident or occurrence, and $50,000 property damage coverage. The city shall be an additional insured party on such policy. Such policy shall insure against liability from injury or damage resulting from applicant’s occupancy of or activities on public rights-of-way under the license to be issued.

3. Said insurance shall be maintained in effect during the term of the license. At any time upon demand, the licensee shall provide the city clerk with proof that such insurance is in effect. Such policy shall provide a minimum of 30 days’ written notice to the city of cancellation of the policy or change in the liability limits.

4. The insurance liability limits herein shall be subject to automatic increase if the minimum coverage required by state law is increased for state for-hire vehicle permits, pursuant to Chapter 46.72 RCW. (Ord. 2004-5 § 1, 2004).

5.15.050 Violation – Penalty.

Failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is designated as an infraction and may not be classified as a criminal offense. Any person, firm or corporation found to have committed an infraction under this chapter shall be assessed a monetary penalty. No penalty assessed for infractions under this chapter may exceed $500.00 for each separate infraction. (Ord. 2004-5 § 1, 2004).