A. Permit Required. No person may operate a horse-drawn carriage without a valid, current horse-drawn carriage driver’s permit issued under Chapter 16.40, except that no permit issued pursuant to this chapter is required of a person who is operating a horse-drawn carriage as an entry in a parade or otherwise permitted special event, where the horse-drawn carriage entry is specifically noted and approved in said special event permit, and where the horse-drawn carriage rides are not being offered on-demand or by reservation to members of the general public.
B. Application Documents Required. The failure to submit any required application documents as listed below is grounds for denial of the permit. It is the applicant’s responsibility to make certain that the information and forms required have been completed in full, and that there are no errors or omissions. Applicants for a horse-drawn carriage driver’s permit must submit to the Director the items listed below:
1. A completed application on a form provided by the Director;
2. Proof of current residence address;
3. Legal proof that the applicant is at least 18 years of age;
4. A copy of the applicant’s current motor vehicle driver’s license, if any;
5. A copy of the applicant’s non-Oregon driving record, if any, for any year in which the applicant was not a resident of Oregon during the last 10 years, regardless of the jurisdiction;
6. Disclosure of all applicable criminal history and driving and motor vehicle record history, as listed on the application form;
7. Certification of a horse-drawn driver training program approved by the Director;
8. Confirmation that the driver will be employed for a horse-drawn carriage company with current and valid horse-drawn carriage company and vehicle permits.
9. If necessary, any information requested by the Director that reasonably relates to the application or is a clarification of information provided.
C. Photographs. The applicant will be photographed by the Bureau after submission of the driver permit application. The photograph then becomes a part of the applicant’s submittal package.
D. Fees Required. The applicant for a horse-drawn carriage driver’s permit must submit an initial permit fee of $25, and $25 per year renewal fee.
E. Penalties. Carriage Companies shall pay civil penalty fines consistent with Section 16.40.930.
F. Permit Issuance. No Carriage Company permit shall be issued until such permit fees have been received by the City.
G. Carriage Driver Criminal and Driving Background Checks. A local and national criminal background check and driving history review of all drivers shall be conducted annually on behalf of the affiliated Carriage Company by a third party accredited by the National Association of Professional Background Screeners that shall include:
1. Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with validation (primary source search);
2. All motor vehicle records associated with the applicant driver available pursuant to records laws of each state, and;
3. Dru Sjodin National Sex Offender Public Registry.
H. Carriage Driver Criminal and Driving History Disqualifications. A driver will not be certified as a Carriage Driver and cannot provide Carriage Services if any of the following conditions exist:
1. The applicant has a felony conviction of any kind in the 10 years, based on the conviction date, preceding the submission of the application;
2. The applicant has a felony conviction involving physical harm or attempted physical harm to a person, regardless of when the conviction occurred;
3. The applicant is a match in the Dru Sjodin National Sex Offender Public Registry
4. During the 5-year period preceding the submission of the application, based on the conviction date, the applicant has been convicted of any criminal offense involving:
a. any misdemeanor involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or weapons; or
b. any traffic crime, including but not limited to: driving under the influence of intoxicants, reckless driving, attempt to elude a police officer, or leaving the scene of an injury accident;
5. During the 3-year period preceding the submission of the initial application, the applicant had greater than 5 traffic violations as defined in ORS 801.557; greater than five serious traffic violations as defined in ORS 801.477; greater than five motor vehicle accidents that are required to be reported to the Oregon Department of Motor Vehicles pursuant to ORS 811.720; or, greater than five of any combination of serious traffic violations or motor vehicle accidents as provided above;
6. During the 3-year period preceding the filing of the initial application, the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident.
7. The applicant has two or more traffic violations as defined in ORS 801.557 of any kind within the previous 12 months from the date of the application;
8. During a 3-year period preceding the filing of the application, the applicant’s PFHT driving privileges were revoked by the Director;
9. The applicant does not have at least one year’s worth of continuous driving experience in a United States jurisdiction immediately prior to the date of the application’s submission;
10. The applicant is less than 18 years old; or
11. All Carriage Driver Criminal and Driving Histories are subject to review by the Director.
I. Driver Safety and Customer Service Training Requirements. The applicant must provide documentation of successful completion of Bureau-approved horse-drawn carriage driver training prior to issuance of a horse-drawn driver’s permit.
J. Driver Knowledge and Skills Testing Requirements. The applicant must successfully complete each of the following tests as administered by the Bureau or its designee before a permit can be issued:
1. Basic carriage horse care;
2. Demonstrate ability to operate and control a horse-drawn carriage;
3. Relevant City Code provisions and Administrative Rules.