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BULLET St. Louis City Revised Code Chapter 8.43 Horse-Drawn Vehicles

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.43
Horse-Drawn Vehicles

Sections:

8.43.010 Definitions.
8.43.020 Operation requirements generally.
8.43.030 Application for certificate of convenience and necessity--Requirements.
8.43.040 Application hearing--Determination by board.
8.43.050 Fees.
8.43.060 Discontinuance of service--Transfer of certificates.
8.43.070 Suspension or revocation of certificate of convenience and necessity and licenses.
8.43.080 Offices required.
8.43.090 Safety and health.
8.43.100 Insurance required--Accident report.
8.43.110 Rules and regulations promulgation.
8.43.120 Stops and stands.
8.43.130 Penalty for violation.

8.43.010 Definitions.

The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section:

A. "Certificate holder" means any person holding one or more certificates of convenience and necessity issued by the Board of Public Service for the operation of horse-drawn vehicles.

B. "Director" means the Director of Streets, his deputies, inspectors or agents.

C. "For hire" means the provision of services, or the offering of the services, of a horse-drawn vehicle for the payment of money or other consideration.

D. "Horse-drawn vehicle" means a wagon, coach or other vehicles which is powered in whole or in part by one or more horses, mules, or other animals.

E. "Person" means any person, firm, corporation, partnership or association of persons of any kind.
(Ord. 60183 1, 1986.)

8.43.020 Operation requirements generally.

The Board of Public Services is authorized and empowered to promulgate rules and regulations to carry out the provisions of this chapter. The rules and regulations shall be in writing, and shall be available to all certificate holders and their employees, and the public at the office of the Director of Streets. Any changes in the rules and regulations shall be published in the City Journal.

A. The Director of Streets may summarily withdraw the authorization granted in this section from any person who he finds is not operating in accordance with the regulations of the City including but not limited to regulations with respect to public safety, insurance and equal employment opportunity or who, by its operation, is engaging in unfair or disruptive competition. Notice of withdrawal shall be sent by registered mail to the certificate holder's listed office in the City, to the Chief of Police of the city and shall be posted in the Civil Courts Building.

B. It shall be unlawful for any person to operate a horse-drawn vehicle within the City for any purpose after notice of withdrawal of privileges is posted in the Civil Courts Building.
(Ord. 60183 2, 1986.)

8.43.030 Application for certificate of convenience and necessity--Requirements.

An application for a certificate of convenience and necessity shall be addressed to the Board of Public Service. This application shall be in writing, verified by the affidavit of the applicant, or if the applicant be a corporation, partnership or association of persons of any kind by its duly authorized officer or agent, and shall state the following facts:

A. The full name and address of the applicant, and if a partnership, the names and addresses of all partners; if a corporation or association of persons, the names and addresses of all the officers and directors thereof;

B. What, if any, previous experience the applicant has had, or if the applicant is a partnership, the partners therein have had, or if the applicant is a corporation or other association of persons, the officer and directors have had in horse-drawn vehicle operations;

C. The number of such vehicles the applicant desires to operate;

D. The passenger capacity of each vehicle;

E. The insurance to be carried, the amount of the insurance and the company issuing the policy.
(Ord. 60183 3, 1986.)

8.43.040 Application hearing--Determination by board.

A. Upon the filing of an application for a certificate of convenience and necessity, the board of Public Service shall conduct a hearing thereon to determine the public convenience and necessity. Notice of this hearing shall be given to the Metropolitan Police Department, to each Alderman whose ward is affected, and to all other interested persons at least three (3) days before the date set for the hearing. The kind of notice, the place of hearing and all facts connected with or relating to the hearing, shall be regulated by the Board of Public Service.

B. The Board of Public Service shall have power to issue or refuse to issue any certificate of convenience and necessity as the public welfare, convenience or necessity may require. In determining whether public convenience and necessity require the licensing of horse-drawn vehicles for which application may be made, the Board of Public Service shall take into consideration whether the demands of the public require the proposed or additional horse-drawn vehicle service within the City or in any particular part of the City; that existing service is not sufficient to properly meet the needs of the public; the financial responsibility of the applicant; the number, kind, type of equipment and the color scheme proposed to be used; the increased traffic congestion upon the streets of the City which may result, and whether the safe use of the streets by the public, both vehicular and pedestrian, will be preserved by the granting of the additional license; and other relevant facts as the Board may deem advisable or necessary.
(Ord. 60183 4, 1986.)

8.43.050 Fees.

If the Board of Public Service shall find that the public convenience and necessity requires the operation of horse-drawn vehicles, or additional vehicles, and shall issue its certificates to such effect, it shall be the duty of the License Collector to issue to the applicant a license for each vehicle authorized by the certificate of convenience and necessity issued by the Board of Public Service. Upon issuance of the licenses, the applicant shall pay an annual license tax in the sum of thirty dollars ($30.00) for each vehicle. This license and attachments including, but not limited to any Board of Public Service restriction shall be in the possession of the operator of the horse-drawn vehicle at all times when the vehicle is on a public right-of-way. If any license is issued after the first day of December in any license year, the applicant shall pay a license tax of one-half () of the above mentioned sum for the remainder of the license year. This license tax shall be due and payable on the first day of June of each year, and shall expire one (1) year thereafter, but the license shall be renewed from year to year, upon the payment of the required fee.
(Ord. 60183 5, 1986.)

8.43.060 Discontinuance of service--Transfer of certificates.

A. No person who had been licensed to operate horse-drawn vehicles may discontinue all or any of them without first filing with the Board of Public Service a statement, verified by affidavit, of the number of vehicles he desires to discontinue operating, and the reasons therefore, and obtaining permission from the Board of Public Service to discontinue operation as set forth in the statement. The withdrawal of any vehicle from operation, for the purpose of conditioning, overhauling or repairing shall not be considered discontinuing operation under this section.

B. No holder of a certificate of convenience and necessity may sell, assign, lease or otherwise transfer the rights and privileges granted thereunder to any other person without first having been granted permission to do so by the Board of Public Service.
(Ord. 60183 6, 1986.)

8.43.070 Suspension or revocation of certificate of convenience and necessity and licenses.

Any certificate of convenience and necessity and horse-drawn vehicle licenses which have been issued to any person may be revoked by the Board of Public Service, upon a hearing, after three (3) days' notice to the certificate holder.

A. If such person has failed, or shall fail, to file with the Secretary of State any report required by the Revised Statutes of Missouri;

B. The Board of Public Service shall find operation of the vehicles thereby authorized inconsistent with public convenience and necessity, or with public safety and welfare;

C. For any violation of any of the provisions of this chapter or other law by the holder of the certificate of license, or by any person in the operation of the vehicles.
(Ord. 60183 7, 1986.)

8.43.080 Offices required.

Each certificate holder is required to have and maintain an office to which can be directed any reports of lost articles, complaints, inquiries, and related matters, and shall maintain a listing in all such business directories as are commonly available to the public.
(Ord. 60183 8, 1986.)

8.43.090 Safety and health.

A. All horse or other animals used to draw vehicles for hire in the City of St. Louis shall be made available for examination by a veterinarian upon forty-eight (48) hours' notice. Failure to allow such examination shall be grounds for suspension of the operating permit issued hereunder.

B. Each harness shall be equipped with a leather diaper. Each operator of a horse-drawn vehicle shall ensure that any feces deposited on the public right-of-way or any private property within the City is cleaned up immediately after such deposit or as soon thereafter as is reasonable.

C. All restrictions and requirements for motorized vehicles contained in the Revised Code of the City of St. Louis, Annotated 1980; or as amended; shall apply to horse-drawn vehicles except those which by nature, could have no application. All carriages shall in addition display the international sign for slow-moving vehicles on the rear of such vehicle.

D. The carriage shall not operate during the weekday rush hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
(Ord. 60183 9, 1986.)

8.43.100 Insurance required--Accident report.

A. Every applicant for a license to operate a horse-drawn vehicle, whether the vehicle is to be operated by the owner or some other person, in addition to the other requirements of this chapter shall maintain and file with the Board of Public Service for each vehicle to be operated a policy of liability insurance which meets the requirements of this chapter.

B. Insurance required by this part shall be carried in a firm which has been duly licensed or permitted to do an insurance business in the State, and shall be kept and maintained continually in force and effect so long as the applicant shall be licensed to operate vehicles on the streets of the City.

C. Insurance as required herein shall be a policy of liability insurance in the sum of twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of two (2) or more persons in any one accident, and in the sum of ten thousand dollars ($10,000.00) because of injury to or destruction of property of others in any one accident.

D. There shall be attached to all liability insurance policies issued pursuant to the requirements of this part, the following endorsement:

"In consideration of the premium stated in the policy to which this endorsement is attached, the company hereby waives a description of the vehicles to be insured hereunder and agrees to pay any final judgment for personal injury, including death, resulting therefrom, or damage to property, caused by any and all vehicles operated by the assured pursuant to the horse-drawn vehicle license issued by the City of St. Louis, within the limits set forth in the schedule shown hereon, and further agrees that upon its failure to pay any such final judgment, the judgment creditor may maintain an action in any courts of competent jurisdiction to compel such payment. Nothing contained in the policy or any endorsement thereon, nor the violation of any of the provisions thereof by the assured, shall relieve the company from liability hereunder or from the payment of such judgment. The policy to which this endorsement is attached shall not expire, nor shall cancellation take effect until after ten days' notice in writing by the company shall have been given to the Board of Public Service in the City of St. Louis at its office in City Hall, said ten days' notice to commence to run from the date notice is actually received at the office of the Board. Attached to and forming a party of policy number ________, issued by ________ company to ________."

E. The certificate holder, on or before the fifth day of each month, shall file with the Board of Public Service a report if there was an accident in the preceding month showing the number of accidents in which any horse-drawn vehicle owned and/or operated by him was involved, the nature of the damage, if any, to person or property resulting therefrom, the name and address of an persons who have outstanding claims because of any horse-drawn vehicle accident, and the amount, if any, paid during the preceding month in settlement of claims, including those in suit.

F. The failure to file the required report within the time provided for, or the filing or causing or intentionally permitting the filing or causing the filing of a false report, shall be a violation and shall also be ground for forfeiting the principal's certificate of convenience and necessity and forfeiting his license.

G. If any policy of insurance covering any or all of the vehicles authorized to be operated under a certificate of convenience and necessity fails to replace it immediately with another policy of insurance fully complying with the provisions of this chapter, the certificate of convenience and necessity and the licenses issued thereunder shall be ipso facto suspended. The certificate of convenience and necessity may be reinstated by the Board of Public Service upon application, with or without a hearing, upon compliance in full with all the provisions of this chapter. If the Board of Public Service reinstates the certificate of convenience and necessity, the License Collector, upon notice from the Board, shall reinstate the license issued thereunder.

H. It shall be unlawful for any person to operate or cause to be operated any horse-drawn vehicle for hire upon any public street in the City unless the required policy of insurance for the vehicle shall have been filed with the Board of Public Service, and be in full force and effect.

I. In the event of any final judgment against the owner or operator of any horse-drawn vehicle for injury to or death of, any person, or damage to property from the negligence of the owner or operator or for any reason regardless of fault, remaining unsatisfied for a period of thirty days, the Board of Public Service, upon complaint of the owner of the judgment, or of any other person shall forthwith revoke the certificate of convenience and necessity and all vehicle licenses of the owner or operator.
(Ord. 60183 10, 1986.)

8.43.110 Rules and regulations promulgation.

The Board of Public Service is authorized and empowered to determine and prescribe just, reasonable, safe, adequate and proper regulations, practices, equipment and service to be in force, to be observed, and to be used in the operation of horse-drawn vehicles, and to so fix and prescribe the same by order entered in its records, and to be served on each owner or operator by mailing a copy thereof to the owner or operator, or in such other manner as the Board by its rules may prescribe; and thereafter it shall be the duty of every owner or operator to observe and obey by all of its officers, agents and employees within thirty (30) days after receipt of such order. The Board of Public Service is also authorized to prescribe its procedure and that of its officers in the administration of this chapter, the form of all applications and reports required in this part, and regulations as may be reasonably necessary to the uniform and orderly manner in which the privileges conferred by certificates of convenience and necessity shall be exercised by the holders thereof.
(Ord. 60183 11, 1986.)

8.43.120 Stops and stands.

A. The Board of Public Service is authorized and empowered to establish designated stops and stands for horse-drawn vehicles, and to issue permits therefor with the approval of the Alderman in whose ward such stand or stop is contemplated.

B. For the purpose of taking on and discharging passengers, a horse-drawn vehicle shall stop at the far corner of all intersections, and while so stopped shall keep as close to the right-hand curb as practicable, and shall take on and discharge passengers as quickly as possible, so as not to unreasonably interfere with traffic.
(Ord. 60183 12, 1986.)

8.43.130 Penalty for violation.

Any person who violates or fails to comply with, or who permits or causes any person in his or its employ to violate or fail to comply with any of the provisions of this part, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
(Ord. 60183 13, 1986.)

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