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. In the case a Horse-Drawn Carriage is being used during a special event, the City shall be provided with the following:
1. Copy of the event permit, and
2. A description defining the role of the Horse-drawn Carriage during the event.
B. Application. An applicant for a Horse-Drawn Carriage Company permit shall submit to the Director:
1. A completed application on a form supplied by the Director;
2. Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
3. Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
4. Certification of a Horse-Drawn Carriage Driver training program approved by the Director;
5. Confirmation that the driver will be employed for a Horse-Drawn Carriage company with current, valid Horse-Drawn Carriage Company and vehicle permits.
6. If necessary, any information requested by the Director that reasonably relates to the application or is a clarification of information provided.
C. Fees Required. The applicant for a Horse-Drawn Carriage driver’s permit must submit an initial permit fee per the Administrative Rule.
D. Penalties. Horse-Drawn Carriage Companies shall pay civil penalty fines consistent with Section 16.40.880.
E. Permit Issuance. No Horse-Drawn Carriage Company permit shall be issued until all permit fees and civil penalty fines have been paid and received by the City.
F. 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 Horse-Drawn 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. The National Sex Offender Public Registry.
G. Horse-Drawn Carriage Driver Criminal and Driving History Disqualifications. A driver will not be certified as a Horse-Drawn Carriage Driver and cannot provide Horse-Drawn Carriage services if any of the following conditions exist:
1. The applicant has a felony conviction of any kind within 10 years from the conviction date.
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 National Sex Offender Public Registry.
4. During the 5-year period preceding the submission of the application, 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. Based on the conviction date during a 3-year period the applicant had greater than five traffic violations as defined in ORS 801.557; greater than five serious traffic violations as defined by the Oregon Department of Motor Vehicles; more 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. Based on the conviction date during a 3-year period the applicant’s driving privileges were suspended or revoked by any governing jurisdiction as a result of a driving-related incident.
7. Based on the conviction date, 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. Based on the conviction date, during a 3-year period the applicant’s PFHT driving privileges were revoked by the Director.
9. The applicant is less than 18 years old.
10. All Carriage Driver criminal and driving histories are subject to review by the Director.
H. 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 Carriage Driver’s permit.
I. 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, and
2. Relevant City Code provisions and Administrative Rules.