POLICY REPORT
LICENSING
Date: July 14, 1999
Author/Local: B. Des Lauriers 7741
RTS No. 00663CC File No. 2640
CS&B Date: July 29, 1999
TO:
Standing Committee on City Services and Budgets
FROM:
The General Manager of Engineering Services and The Chief License Inspector
SUBJECT:
Horse-Drawn Carriage Licensing
RECOMMENDATION
A. That a license or permit be required to operate a horse drawn carriage on City street allowance except in the RA-1 zoned area (Southlands).
B. That one-day Vehicle-for-Hire licenses for commercial use and one-day permits under the Street and Traffic By-law for non-commercial use be made available at a cost of $50.00 per day to accommodate occasional use and special events.
C. That a maximum of twenty annual licenses be issued under the Vehicles-for-Hire By-law. (Fees to remain unchanged.)
D. That Council adopt the guidelines, routes and times of operation shown in Appendix I and II with the City Engineer or his delegate having the ability to amend route designations from time to time as he considers appropriate without further report to Council.
E. That the Director of Legal Services prepare the appropriate by-law amendments to reflect the foregoing recommendations.
If Council does not choose to adopt Recommendation C, the following alternative is put forward for Council's CONSIDERATION:
F. That staff report back on alternative allocation methods.
CITY MANAGER'S COMMENTS
The City Manager recommends approval of A, B, C, D, E.
POLICY
In May of 1987, Council approved the availability of eight horse and carriage licenses to be issued under the Vehicles-for-hire by-law and approved guidelines for operation.
PURPOSE
This report recommends by-law amendments to regulate the use of horse drawn carriages on City streets including: required licensing of all horse-drawn carriages on city streets, increasing the existing limit of annual licenses issued from eight to twenty and the creation of a new one-day category to accommodate occasional and special event street use. Minor changes are also recommended to the existing guidelines and approved routes.
SUMMARY
Horse drawn carriages are popular with tourists and locals alike and have the support of the business community. This report supports the operators' request to make additional licenses available and to open some previously restricted routes to the carriage business. In addition, the creation of one-day permits is recommended as a way of ensuring all carriage drivers are aware of the guidelines and appropriate routes.
BACKGROUND
In January of 1985, Council approved the operation of horse-drawn carriages on City streets for a trial period ending in September of 1985. Subsequently, Council approved a recommendation that horse-drawn carriages be allowed to operate for a further trial period during 1986.
In 1987, in response to public concerns regarding the health and welfare of horses, staff developed a veterinary certificate which must be completed for each horse every two months. Council then approved the continued operation of horse drawn carriages.In 1998, six of the eight licenses were issued at the start of the year. Two licenses were issued to Mr. Bill Pate of Olde Tyme Carriage Rides who operates a regular route out of Gastown which is strongly supported by the Gastown Business Improvement Society (GBIS). Mr. Pate has indicated that he hopes to expand his business and will seek additional licenses. He is also requesting expansion of the approved horse and carriage routes which are discussed in more detail later in the report. Mr. Gerry O'Neil of AAA Horse and Carriage (who also has strong support from the public and the business community) operates regular routes in Stanley Park and private bookings on city streets with four licenses and would like to obtain more. Recently another operator has expressed interest in acquiring at least one and possibly two licenses.
In response to increased interest Council requested a report back regarding route restrictions and the number of available licenses. This report was delayed to await a Park Board decision regarding AAA Horse and Carriage's future in Stanley Park. The Board recently approved the extension of the contract with AAA Horse and Carriage for a further five years.
DISCUSSION
Licensing of All Horse-drawn Carriages
Currently, horse drawn carriage licenses are only applicable to those operators who charge a fee for their service. There are no by-law provisions for the approval or prohibition of horses being ridden, led or driven for private use on city streets. Two problems arise from this omission:
1. At least one operator has attempted to circumvent the regulations by asking for "donations" in lieu of a set fee; and2. In other cases an unlicensed individual may donate the service to a friend or relative. In this case no license is required and the driver could be unfamiliar with the City's regulations and unaware of the most appropriate routes to take.
Therefore, staff recommend a by-law amendment to require that all horse-drawn carriages operating outside of agriculturally zoned areas be licensed. This change would ensure that commercial operators are unable to circumvent the system, provide an opportunity for occasional operators and give all operators access to necessary information.
Number of Annual Licenses
Recommended Action
Under the existing guidelines a maximum of eight licenses are available annually with a limit of four to any one operator. Park Board requires operators within Stanley Park to hold a City license.
The number of licenses were originally limited based on traffic considerations. While it is true that more than eight carriages operating full time on similar routes would likely slow traffic and increase congestion, in reality all licensed carriages do not operate at the same time and in the same area. The business is somewhat seasonal and different operators cater to different aspects of the market including regular routes in Stanley Park and Gastown, occasional forays into Chinatown or to specific tourist destinations in the downtown, special promotions for malls and business organizations and private bookings for weddings, graduations, etc. Complaints regarding traffic concerns have been virtually non-existent since the inception of the program.
In view of the above, staff recommend increasing the maximum number of licenses issued annually from eight to twenty. The availability of twenty licenses would meet the needs of the existing operators and provide a small buffer to accommodate future growth in the industry. With a limit of less than twenty licenses, the demand could exceed the supply and require a report back on a method of allocating licenses. If the demand for licenses increases substantially or other problems arise, staff would report back to Council.
Creation of One-Day LicensesSeveral requests are received each year to drive a horse drawn vehicle on City streets for various one-time events such as weddings or birthdays, etc. Non-commercial operators (who do not charge a fee for the service) are currently not required to hold a license or permit. The only option for commercial operators is to purchase a full year license (if available) making the cost prohibitive. In either case, the operator may not be aware of the approved routes and guidelines.
In order to accommodate occasional operation at a reasonable cost, it is recommended that an unspecified number of one-day Vehicle-for-Hire licenses for commercial use and one-day permits(under the Street and Traffic By-law)for non-commercial use, be made available at a cost of $50.00 per day and subject to the approved guidelines and route restrictions. Staff suggest that in order to obtain a one day permit or license, the operator should provide: a current veterinary certificate, proof of liability insurance, a declaration of the route and time of operation and payment of the permit fee.
Routes and Guidelines
The horse and carriage routes in effect since 1985 were quite restrictive during the base period (9:30 am to 3:00 pm) providing only a specific route through Gastown and the Westend. Considering the limited number of operating carriages and because to date there have been no complaints regarding congestion caused by horse drawn vehicles, staff feel it is appropriate to permit a wider use of downtown streets during the day. This report recommends that the General Manager of Engineering Services or his designate be authorized to designate horse-drawn carriage routes and to change such routes from time to time as appropriate. The new routes proposed by the General Manager at this time and shown in Appendix II are consistent with the routes used by pedi-cabs.
The guidelines shown in Appendix I reflect the proposed changes to the current regulatory framework outlined in this report.
Fees
The current fee for an annual horse-drawn carriage license under the Vehicle-for-hire by-law is $364.00 (1998). These fees are adjusted annually and no change is recommended at this time.
A fee of $50.00 for a one day permit would cover administration and education costs and is in keeping with fees charged for other street use permits.
Welfare of Horses
Since the inception of the program a number of individuals have expressed concern regarding the health and welfare of carriage horses working on City streets. Specifically, that it may be stressful and unhealthy for horses to stand and walk for long periods on hard surfaces amid traffic noise and exhaust fumes.
Staff consulted with a number of veterinarians and animal welfare groups when drafting the original guidelines. The general opinion of the professionals is that a well trained, well cared for draft horse will adapt well to this work. The guidelines address issues of general health, appropriate breed and age for the type of work, foot care, rest breaks with access to feed and water, weight of loads, etc.
Operators are required to provide suitable stabling facilities for their horses as well as appropriate storage and transport for their equipment. Horses and equipment must be removed from City streets when not in use and the City does not provide stabling or storage facilities. It should also be noted that in the past staff suspended and ultimately cancelled one license as the operator was unwilling to provide adequate stabling facilities for his horse. Future violations of the guidelines would result in similar action.
CONCLUSION
Based on a review of the existing program, including the guidelines, routes, traffic impacts, and the current practices and needs of the operators, staff submit the foregoing recommendations for Council's decision.
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APPENDIX I
GUIDELINES FOR THE OPERATION OF
HORSE-DRAWN CARRIAGES ON CITY STREETS
1. A license is required to operate a horse-drawn carriage on City streets except in the RA-1 zoned Limited Agriculture District (Southlands).
2. A maximum of twenty annual licenses will be available each year under the Vehicles-for Hire By-law.
3. A one-day license for commercial or permit for private use may be obtained subject to the following conditions:
Show a recent (within the past 2 months) veterinary certificate for each horse
Provide proof of liability insurance satisfactory to the Director of Risk Management
Payment of the license fee of $50.00 plus GST.4. The applicant must carry suitable public liability and property damage insurance satisfactory to the Director of Risk Management.
5. All drivers of the horse-drawn carriage must have a valid drivers license. Only trained carriage drivers should be employed.
6. Each vehicle should be a four-wheel carriage with an adequate braking system. It should be correctly balanced so that the weight of the vehicle is no hardship on the team of horses. For night operation, adequate running lights, brake lights and head lights must be provided. Approval of the carriage is subject to inspection by the Vehicle-for-hire Inspector.
7. Only well-trained carriage horses should be used for this type of operation. Thoroughbred and Arabian purebreds should be avoided.
8. A horse should work a maximum of six hours a day, with 10-15 minute breaks required each hour to eat and rest.
9. Rubber shoes or steel shoes with borium tips suitable for use on pavement are required for all horses hooves. Plastic pods or rubber caulks may be necessary for certain horses.
10. No horse or team of horses should draw more than one and one half times their own weight while pulling a properly equipped carriage.
11. Horses should be between the ages of 4 and 20 years.
12. Each horse must be thoroughly examined by a City approved veterinarian before the start of each year of operation and then examined at regular two month intervals. The cost for these examinations is to be borne by the operator and the General Manager of Engineering Services and the Chief License Inspector will receive a copy of all examination reports in a timely manner.
13. At least one location on each route must have facilities, acceptable to the General Manager of Engineering Services, to water and feed the horses.
14. Horses must not be left unattended on City streets.
15. All equipment used must be well fitting, in good repair and suitable for use with draught animals.
16. All manure must be removed immediately, as it occurs.
17. Each horse-drawn carriage must be operated only on those streets and during those times designated by the General Manager of Engineering Services.
18. Parking and loading arrangement must comply with the Street and Traffic By-law. Operators may use designated tour bus stands and passenger zones.
19. Drivers and operators must co-operate fully with any member of the Police, Engineering or Permits and Licenses Departments and S.P.C.A. Special Provincial Constables.
ATTACHMENTS TO THIS DOCUMENT THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE
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