?ORDINANCE NO. 962
The City Council of the City of DeQuincy, State of Louisiana, met in regular session on the 11th day of March 2024 and adopted the following Ordinance to be effective immediately.
THEREFORE, BE IT ORDAINED by the City Council of the City of DeQuincy, in a legal session convened, to add to Chapter 18 Article III- Horse-Drawn Carriages as follows:
• ARTICLE III. – HORSE-DRAWN CARRIAGES.
• Sec. 18-30. – Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant, grantee, licensee, or permit holder means any person who has bona fide legal title or control, direction, operation, maintenance, or supervision over any vehicle for hire operated upon the streets of the city.
Carriage means a device by which a person is transported or in which a person rides, for hire, and that is designed to be pulled or drawn by a horse in the horse-drawn carriage trade. The term “carriage” includes a wagon, cart, vehicle, or similar transportation device.
Driver means a person licensed to drive, steer, transport, or operate a carriage or horse used in the horse-drawn carriage trade.
Horse-drawn carriage permit means written permission granted by the chief administrative officer under this chapter to operate a horse-drawn carriage trade.
Horse-drawn carriage trade means a person or business that operates an enterprise for hire, or as a contractual service, for the purpose of conveying persons or goods through the use of a horse to pull or haul a wagon, cart, carriage, vehicle, or similar device along the streets and byways in the city. The term “horse-drawn carriage trade” shall not include the use of a horse in a parade or in a funeral for which a permit is issued.
Operator means the proprietor or the agent of a proprietor of a horse-drawn carriage trade enterprise or a stable.
Owner means a person who is vested with the ownership, control, or title of a horse-drawn carriage trade enterprise or a stable.
Preapproved route means a horse-drawn carriage trade service operating on a predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the chief administrative officer.
Sec. 18-31. – Application and permit requirements.
It shall be unlawful for any person to operate or cause to be operated for hire any horse-drawn carriage for the purpose of conducting tours in the historic district of the city, except horse-drawn carriages as provided in this article, and all other laws of the city and state governing such operation and service. Such owner or operator shall apply to the city for a permit to operate such horse-drawn carriage within the district. The owner or operator shall upon application to the city provide the following information:
(1) Adequate identification of the applicant and permanent address.
(2) Information setting forth the characteristics of the vehicle including its dimensions, weight, passenger capacity and plans for lighting.
(3) Specifications for proposed signs to be displayed.
(4) Proof of liability insurance in an amount not less than one million dollars ($1,000,000.00) with City of DeQuincy listed as additional insured.
(5) A written statement setting forth a schedule of rates, hours of operation proposed, time period for which approval is requested.
(6) Detailed arrangements for the permanent collection of waste and the disposal thereof.
(7) Payment of 100.00 permit fee due annually.
The mayor or his/her designee shall be authorized to deny any application when in the judgment of the mayor or his/her designee such application by the owner or operator does not satisfy the requirements as set forth in this article.
Any permit issued by the city shall be valid only for the period specified in the approved application.
It shall be the responsibility of the owner or operator upon approval by the city to secure the appropriate itinerant vendors permit or occupational license as required to conduct business in the city.
Sec. 18-32. – Route limitations.
Horse-drawn carriages may operate on the following city streets only:
(1) Lake Charles Avenue
(2) Center Street
(3) Holly Street
(4) Division Street
(5) Hall Street
(6) Harrison Street
(7) Coffee Street
(8) Velmer Street
(9) Yoakum Avenue
(10) Pine Street
Crossing of State Hwy 12 shall be permitted at traffic light on Pine Street only.
Sec. 18-33. – License requirements for drivers.
All drivers of horse-drawn carriages shall have a current automotive vehicle driver’s license and be subject to demonstrate to the chief of police of the city competence in handling horse-drawn carriages.
Sec. 18-34. – Designation of passenger loading and unloading zones.
No person shall operate or cause to be operated for hire any horse-drawn carriage for the purpose of conducting tours within the city except in a designated passenger loading and unloading zone. The site for designated loading and unloading shall be Harry T. Methvin Memorial Park on N. Pine. It shall be the responsibility of the owner or operator to visibly delineate such boundaries. The operator may pick up and discharge passengers only within such designated zone. Such passenger loading and unloading zones may be redefined at the discretion of the mayor and or his/her designee and the chief of police of the city with due regard to safety, the convenience of patrons, and sanitation.
Sec. 18-35. – Design standards and equipment.
Horse-drawn carriages must be maintained in good operating condition at all times. Carriages must be equipped with at least two (2) lamps displaying white light to the front of the carriage and at least two (2) rear lights displaying red light visible from a distance of not less than one thousand (1,000) feet. Sufficient reflective material must be placed along the shafts of the carriage, or other parts thereof, which normally parallel the body, head, or legs of the horse pulling the carriage. Signage or emblems located on the rear of the carriage indicating the vehicle is “slow-moving” or a “SMV.” Carriages shall not exceed twelve (12) feet in length or six (6) feet in width. Carriages will be measured from end to end, excluding the steps and shafts, and from axle tip to axle tip. No part of the carriage may be over six (6) feet in width.
Any owner or operator of a horse-drawn carriage shall provide that all horses are equipped with diapering apparatus that prevents the droppings of such animals from being deposited or otherwise left on city streets. It shall be the responsibility of the owner or operator utilizing such animal for the purpose of pulling a carriage to maintain the diapering apparatus in good working condition. The owner or operator shall provide and utilize the necessary cleaning agent needed to break down and eliminate accumulated odors from horse urine. The handling of such agents shall be in a safe and sanitary manner.
Sec. 18-36. – Hours of operation.
Horse-drawn carriages shall be authorized to operate only during the hours of 9:00 am to 10:00 pm unless otherwise approved by the mayor or his/her designee.
Should the mayor or his/her designee or chief of police determine that special circumstances exist that would jeopardize the safety of operation of such carriages or threaten the safety of the general public, the temporary suspension of the operation of such horse-drawn carriages may be ordered until such time as the special circumstance abates. It shall be the responsibility of the owner or operator to make inquiry with the chief of police regarding any restriction on hours of operation other than those specified in this section.
Sec. 18-37. – Penalty for article violations.
Any person found in violation of any provision of this article shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than three hundred dollars ($300.00) for a first offense and five hundred dollars ($500.00) for each subsequent offense).
Said Ordinance having been introduced on the 12th day of February 2024, notice of Public Hearing having been published on the 6th day of March 2024, said Public Hearing having been held on the 11th day of March 2024 with the title having been read and Ordinance considered, on motion by Jim Smith, seconded by Scott Wylie adopt the Ordinance. A record vote was taken, and the following result was had:
YEAS: 5
NAYS: 0
ABSENT: 0
This Ordinance was declared duly adopted on this 11th day of March, 2024. Eddie Dahlquist,
Chairman of the Council
I hereby certify that the foregoing Ordinance has been presented to the mayor on this 11th day of March 2024, at 5:30 p.m.
Sherri Breaux,
Secretary of the Council
and City Clerk
I have reviewed the above and foregoing Ordinance on this 11th day of March of 2024 and do hereby Approve same.
/s/Riley Smith,
Mayor
I hereby certify that I have received from the mayor at 6:00 p.m., on this 11th day of March 2024, the foregoing Ordinance which has been approved by the Mayor.
/s/Sherri Breaux,
Secretary of the Council
and City ClerkI certify that the above and the foregoing constitute a true and correct copy of an Ordinance duly adopted at a meeting of the City Council of the City of DeQuincy held on March 11th, 2024, at which a quorum was present and voted in favor of said Ordinance and said Ordinance has never been modified or rescinded and is still in full force and effect.
Date: 03/11/2024
/s/Sherri Breaux,
Secretary of the Council
and City Clerk
Run: March 27, 2024 (M-5)
