HORSE-DRAWN CARRIAGES

Memphis Code of Ordinances tit. 6, ch. 6-1

in effect

Memphis Code of Ordinances § 6-1-1 Definitions.

Sec. 6-1-1. - Definitions. The following words and phrases when used in this chapter shall have the meaning as set out herein: Certificate means a certificate of public convenience and necessity issued by the director of police services authorizing the holder hereof to conduct a horse-drawn carriage for hire business in the city. Carriage means a horse-drawn carriage regularly used in the business of carrying passengers for a fare whether or not on a fixed route. Director of animal services means the director of animal services of the city, or his or her authorized designee. Director of police services means the director of police services of the city, or his or her authorized designee. Driver shall be held to include every person in actual charge of the operation of a horse-drawn carriage. Driver's permit means the permission granted by the director of police services to a person to drive a horse-drawn carriage for hire upon the streets of the city. For hire means agreement to transport a person or persons for a fare. Holder means a person to whom a certificate of public convenience and necessity has been issued. Horse means any animal of the genus equus. Owner means the person who has proved to the director of police services that he or she is the legal owner of the horse-drawn carriage. Inspector means a Memphis police officer and/or any person designated by the director of animal services, who has been authorized and instructed to watch and observe the conduct of holders of certificate of public convenience and necessity, drivers and licensed equines operating under this chapter. Upon discovering a violation of the provisions of this chapter, the inspector(s) will order or take appropriate action. Person means an individual, a corporation or other legal entity, a partnership, or any unincorporated association. Person must be a resident of the State of Tennessee or member of corporation recognized in Tennessee. Stable means any place, establishment, or facility where one or more horses are housed or maintained. Stand means a horse-drawn carriage for hire stand is a place where the city engineer in concert with director of police services has authorized a holder of a certification of public convenience and necessity to park horse-drawn carriage for hire out of service awaiting a passenger. Sticker means identifying sticker issued by the Memphis police department on authority of director of police services, to be displayed on rear of horse-drawn carriage next to identification plate. Sticker to be issued annually with certificate of convenience and necessity. Veterinarian means a person licensed to practice veterinary medicine. Work means a horse is considered working when it is out of the stable and at its carriage stand or place where it regularly picks up passengers. Work ends when the horse leaves its stand to go to the stable. POWERS OF DIRECTOR—REGULATIONS (Code 1985, § 39-71; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-2 Rules and regulations of the director of police services relative to horse-drawn carriages.

Sec. 6-1-2. - Rules and regulations of the director of police services relative to horse-drawn carriages. The director of police services is authorized and directed to make and enforce such additional rules and regulations, not in conflict with the provisions of this chapter, as the director may deem proper to regulate the operation of horse-drawn carriages for hire under a certificate issued pursuant to this chapter, provided that no regulation shall be made or enforced in conflict with this chapter or any other city ordinance. (Code 1985, § 39-102; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-3 City treasurer—Powers; appeal of decisions.

Sec. 6-1-3. - City treasurer—Powers; appeal of decisions. A. The city treasurer is vested with full and complete authority to issue, alter, deny, suspend, or revoke certificates of public convenience and necessity and permits for drivers, as herein provided, and is further vested with the full and complete authority, duty, and responsibility to carry into effect the provisions of this chapter. The city treasurer may designate an officer to render rulings or take all other actions herein granted to the city treasurer, as indicated by the city treasurer. B. The city treasurer or the city treasurer's designee shall conduct hearings on those matters requiring same. Decisions of the designee may be appealed by the applicant, the certificate holder, or driver within ten days after the decision affecting the person, by filing a written appeal with the city treasurer. The city treasurer may rule after a review of the record or may set a hearing as soon as practicable. Ten days' notice of a public hearing stating the time and place of the public hearing and the express terms or an informative summary of the subject matter of the public hearing provided for herein shall be given by publication in some newspaper published in the city, the cost thereof to be paid by the applicant or certificate holder. C. An applicant, driver or certificate holder aggrieved by any final order or determination of the city treasurer in regard to the issuance, denial, suspension or revocation of that person's certificate or permit under this chapter may, within ten days after such denial, file with the comptroller a petition for review of the action of the city treasurer in denying the application, and it shall then be the duty of the city council to hold a public hearing and either grant or deny the application. In all such cases any interested party or holder of a certificate of necessity and convenience shall have a right to be heard; provided, further, that, in any such appeal to the city council, the decision of the city treasurer shall be prima facie correct. (Code 1985, § 39-103; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-4 Duty of City directors to enforce chapter.

Sec. 6-1-4. - Duty of City directors to enforce chapter. The director of police services and/or the director of animal services or their respective designees ("inspectors") are authorized and are instructed to monitor the conduct of holders of certificates of a public convenience and necessity, drivers and licensed equines operating under this chapter. Upon discovering a violation of the provisions of this chapter, an inspector shall take appropriate action. Any vehicle for hire may be inspected at the discretion of an inspector at any time or location. Vehicles may be inspected for cosmetics, safety requirements, and are to include permits and license required to be held by the driver or any other inspection deemed necessary by an inspector. (Code 1985, § 39-104; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-5 Certificate required; exceptions.

Sec. 6-1-5. - Certificate required; exceptions. A. No person shall operate or permit a horse-drawn carriage owned or controlled by him or her to be operated as a passenger vehicle for hire upon the streets of the city without first having obtained a certificate of public convenience and necessity from the director of police services. B. This section shall not apply to passenger vehicles for hire operated under the jurisdiction of the public service commission of the state, or otherwise exempted. C. No more than 50 carriages may be permitted to operate upon the streets of Memphis and the permit office shall accept no applications for additional carriages once this maximum has been permitted. Other pending applications shall be dismissed upon the issuance of the 50th permit. Should the number of permitted carriages drop below the maximum allowed, applications will be considered in the order in which they are filed at the permit office. CERTIFICATION REQUIREMENTS (Code 1985, § 39-105; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-6 Application for certificate.

Sec. 6-1-6. - Application for certificate. A. Any person, partnership or corporation desiring to secure a certificate of public convenience and necessity shall make application and pay a $100.00 application fee to the city treasurer. The notarized application shall be filed with and dated by the city treasurer or his or her designee. B. The application for a certificate shall be upon a form provided by the city treasurer, or his or her designee. An applicant for a certificate, including any partner or limited partner of the partnership applicant, and any officer or director of the corporate applicant and any stockholder holding more than five percent of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information: 1. Name and address including all aliases; 2. Written proof that the individual is at least 18 years of age; 3. All residential addresses of the applicant for the past five years; 4. The trade name under which the applicant proposes to do business; 5. The business, occupation or employment of the applicant for five years immediately preceding the date of application; 6. The financial status of the applicant, including the amounts of all unpaid judgments against the applicant or, if a corporation, against any officer, director or shareholder as listed above or, if a partnership, any partner or limited partner, or any other person who is interested directly in the ownership or operation of the business; 7. All criminal statute, whether federal or state, or City ordinance violations for which conviction, forfeiture of bond or pleading of nolo contendere has occurred, except minor traffic violations; 8. Fingerprints and two color portrait photographs at least two inches by two inches of the applicant. The city permits office will provide fingerprints and photographs of applicant; 9. The address of the premises from which the vehicle for hire business is to be conducted and the address wherein the vehicles are to be stored and/or serviced; 10. If the applicant is a corporation, the name of the corporation and the date and state of incorporation, the name and address of the registered agent, and the names and addresses of all shareholders, as required above, officers and directors of the corporation; 11. The experience and/or the qualifications of the applicant to operate a horse-drawn carriage for hire service; 12. A showing that the public convenience and necessity requires the granting of the certificate; 13. The number of horse-drawn carriages to be put into service at the time of application, the location of private property stands, and the size and seating capacity of each carriage; 14. Whether applicant operates any other vehicles under this chapter; 15. A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them. C. Within ten days, or a reasonable time thereafter of receiving the results of the investigation conducted by the division of police services, the director of police services shall fix a time and a place for a public hearing on the application and notice shall be given as provided in section 6-1-3(B). All documents relating to the public hearing shall be available for inspection prior to the hearing. Any interested person may file a statement in support of or in opposition to the issuance of a certificate, and/or may offer testimony at the hearing. D. Failure or refusal of the applicant to give any information relevant to the investigation of the applicant or the applicant's refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or the applicant's refusal to submit to or cooperate with any investigation required by this chapter, shall constitute an admission by the applicant that the applicant is ineligible for such certificate and shall be grounds for denial thereof by the director. (Code 1985, § 39-106; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 12, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-7 Standards for issuance of certificate.

Sec. 6-1-7. - Standards for issuance of certificate. The city treasurer may issue a certificate of public convenience and necessity if an applicant meets the following standards: A. The applicant's financial status shall be such that the applicant shall be capable of operating the horse-drawn carriage for hire service during the time the certificate shall remain in effect. B. The public convenience and necessity requires the granting of a certificate in that the applicant has shown: 1. The support of potential customers of the service; 2. The uniqueness of the services offered, if possible; 3. That the service would not disrupt local traffic conditions. C. If the applicant is an individual: 1. The applicant shall be at least 18 years of age. 2. The applicant shall not have an outstanding unpaid final judgment. 3. The applicant shall not have been convicted of, forfeited bond, or pleaded nolo contendere to a felony or any crime involving moral turpitude as defined in T.C.A. § 57-4-203(h)(2), a controlled substance, prostitution, assignation, obscenity, or any crime of a sexual nature in any jurisdiction within five years immediately preceding the date of application. 4. The applicant shall not have been found to have violated this chapter within five years immediately preceding the date of application. D. If the applicant is a corporation: 1. All officers and directors shall be at least 18 years of age. 2. No officer, director or stockholder required to be named under section 6-1-6 above shall have outstanding unpaid final judgments. 3. No officer, director or stockholder required to be named under section 6-1-6 above shall have been convicted of, forfeited bond or pleaded nolo contendere to a felony or any crime involving moral turpitude as defined in T.C.A. § 57-4-203(h)(2), a controlled substance, assignation, prostitution, obscenity, or any crime of a sexual nature in any jurisdiction within five years immediately preceding the date of application. 4. No officer, director or stockholder required to be named under section 6-1-6 above shall have been found to have violated this chapter within five years immediately preceding the date of application. E. If the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest: 1. All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age. 2. Management experience in the operation of a horse-drawn carriage business or in related endeavors. 3. No person having a financial interest in the partnership, joint venture or other type of organization shall have outstanding unpaid final judgments. 4. No person having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of, forfeited bond or pleaded nolo contendere to a felony or any crime of moral turpitude as defined in T.C.A. § 57-4-203(h)(2), a controlled substance, prostitution, assignation, obscenity or any crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application. 5. No person having a financial interest in the partnership, joint venture or other type of partner or manager shall have organization shall have been found to have violated this chapter within five years immediately preceding the date of the application. (Code 1985, § 39-107; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-8 Certificate issued to owner only.

Sec. 6-1-8. - Certificate issued to owner only. No certificate shall be granted under this chapter to any person unless the person is the owner of the horse-drawn carriage(s). The owner of a horse-drawn carriage must prove ownership to the city treasurer or his or her designee. The owner shall have a permanent number engraved or embossed on the chassis of the horse-drawn carriage. The owner will furnish photographs of the carriage(s) and notarized statements listing the self imposed serial number(s) to the city treasurer. (Code 1985, § 39-108; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-9 Fee.

Sec. 6-1-9. - Fee. Certificates of convenience and necessity of horse-drawn carriages shall expire at midnight every March 31st, unless a timely and complete renewal is filed prior to that date. Such a timely and complete renewal shall serve to extend the permit until final action on the renewal request is taken by the department. When a certificate is issued, and at each renewal thereof, a fee for each carriage in use shall be paid to the city treasurer to defray the cost of administration of this chapter. The fee shall be as follows: A. For permits good for the period of April 1, 2003 until March 31, 2004: $55.00. B. For permits good for the period of April 1, 2004 until March 31, 2005: $65.00. C. For permits good for the period of April 2, 2005 until March 31, 2006, and every year thereafter: $75.00. D. For any certificate or permit issued or amended after October 1 of any year, the fee shall be half the annual fee charged that year for each vehicle in use. (Code 1985, § 39-109; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-10 Business license.

Sec. 6-1-10. - Business license. A. Each carriage company must have a current business license. B. Each carriage company must maintain an emergency telephone number where the owner or manager may be contacted in case of emergency. (Code 1985, § 39-110; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-11 Insurance.

Sec. 6-1-11. - Insurance. No certificate of public convenience and necessity shall be issued unless the applicant provides to the city treasurer proof of financial responsibility by a written policy of liability insurance coverage as follows: A. Not less than $100,000.00 in limited liability per occurrence; B. Not less than $300,000.00 in public liability per occurrence; C. Not less than $50,000.00 in property damages per occurrence. (Code 1985, § 39-111; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-12 Business to be conducted by certificate holder; agreement with drivers.

Sec. 6-1-12. - Business to be conducted by certificate holder; agreement with drivers. The business of every horse-drawn carriage for hire shall be carried on by the person to whom the certificate is issued under this chapter. The holder of the certificate may enter into agreements with drivers fixing percentages of receipts to be turned over to the holder of the certificate for the daily use of such carriage paying salaries to drivers, or drivers may rent the horse-drawn carriage for hire for a specific sum of money. A driver may be the conditional vendor or lessor of a carriage as long as the certificate holder is the owner as defined in section 6-1-1. Any arrangement contracted between the holder of a certificate and the driver shall not relieve the holder of the certificate from any liability and damages to third parties. A sample copy of all such agreements shall be kept on file with the city treasurer. (Code 1985, § 39-112; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-13 Increase in number of carriages after issuance; enlargement of authority.

Sec. 6-1-13. - Increase in number of carriages after issuance; enlargement of authority. A certificate holder shall not increase the number of horse-drawn carriages for hire operated pursuant to the certificate without receiving the approval of the city treasurer or the city treasurer's designee. The city treasurer or the city treasurer's designee shall approve or disapprove such request on the basis of economic need of the certificate holder, need of public for additional service, and other factors listed in section 6-1-7(B). If the request is denied, the city treasurer or the city treasurer's designee shall advise the certificate holder in writing of the reasons for such action. In no event shall the number of permitted horse-drawn carriages be more than 50. At no time shall the level exceed two-thirds ownership of one certificate holder. If the certificate holder requests a hearing within ten days of receipt of notification of denial, a public hearing shall be held as provided in section 6-1-3(B). (Code 1985, § 39-113; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-14 Replacement of vehicles.

Sec. 6-1-14. - Replacement of vehicles. A. In case any carriage covered by a certificate is retired by the owner because it is worn out or so damaged as not to be worth of repair, or is burned or otherwise destroyed, the certificate holder shall advise the designee of the city treasurer in writing of the circumstances of the retirement. The certificate holder shall deposit with the designee of the city treasurer proof of ownership of the replacement carriage. B. The certificate holder must, if vehicles are discarded, sold, returned or otherwise disposed of, give notice to the city treasurer of such action whether or not the vehicle is replaced and return identification sticker to city treasurer. (Code 1985, § 39-114; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-15 Accident reports.

Sec. 6-1-15. - Accident reports. Reports of accidents in which any horse-drawn carriage for hire may be involved shall be promptly made to the police services division in accordance with the provisions of chapters 2-28 through 2-36. The certificate holder and the driver shall each have responsibility for filing a copy of the report with the city treasurer. Upon the happening of any accident or collision, the certificate holder shall forthwith have the passenger vehicle for hire involved therein removed from service until properly repaired. (Code 1985, § 39-115; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-16 Assignment or transfer of certificates.

Sec. 6-1-16. - Assignment or transfer of certificates. No certificate of public convenience and necessity may be sold, assigned, mortgaged, transferred, or alienated. (Code 1985, § 39-116; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-17 Expiration and renewal of the certificate.

Sec. 6-1-17. - Expiration and renewal of the certificate. A certificate issued under this chapter shall expire March 31 of each year at midnight and shall be renewed at the existing level of vehicles as long as the standards for the initial issuance are met. Applications for renewals shall be made by March 10 of each year, by which time all fees for the succeeding year shall have been paid. If the request for renewal is denied, the city treasurer or the city treasurer's designee shall advise the applicant in writing of the reasons for such denial. If the applicant requests a hearing within ten days of notification of denial, a public hearing shall be held as provided in section 6-1-3(B). (Code 1985, § 39-117; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-18 Fines, suspension, and revocation of certificates.

Sec. 6-1-18. - Fines, suspension, and revocation of certificates. A. A certificate issued under the provisions of this chapter may be suspended or revoked by the city treasurer or the city treasurer's designee after a public hearing, except as provided in section 6-1-3(C). Notice, public access to documents, and conduct of hearing shall conform with the provisions of section 6-1-3(B) except that written notice shall be sent by registered U.S. mail to the subject certificate holder by the date of publication. B. A certificate issued under the provisions of this chapter may be subject to a penalty fine of no more than $50.00, suspension or revocation by the director of police services or the director's designee, upon findings at the public hearing that the holder of the certificate has: 1. Violated any provisions of this chapter; 2. Discontinued operation for more than 30 days; 3. Would no longer be eligible for issuance of the certificate. C. A certificate holder shall have the right to appeal to the ruling of the city treasurer or the city treasurer's designee revoking or suspending the certificate in the same manner as provided for appeals of the decision under section 6-1-3(C). (Code 1985, § 39-118; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-19 Horse-drawn carriage stands—Use by other vehicles prohibited.

Sec. 6-1-19. - Horse-drawn carriage stands—Use by other vehicles prohibited. A. Private or other vehicles for hire shall not at any time occupy the space upon the streets that have been established as horse-drawn carriage stands. Horse-drawn carriage stands shall at all times be restricted to a minimum distance of 100 feet from the threshold of any establishment or enterprise whose main business is the serving of restaurant clientele or food serving processes, unless the restaurant owner gives his or her consent that a horse-drawn carriage may be located within the 100 feet minimum distance from its threshold, and all the written consents to go to the city's department of engineering. B. Horse-drawn carriage for hire stands shall be designated by the city engineer in concert with the city treasurer. If in the judgment of the city engineer the establishment of a horse-drawn carriage for hire stand will not interfere with nor present a hazard to the traffic on the street where such stand is sought to be established, the city engineer shall erect or cause to be erected the necessary official signs and markings to designate the stand. The city engineer shall forward a copy of his or her approval of the stands to the city treasurer. C. A holder of a certificate of convenience and necessity may request additional stands through the permit office of the Memphis Police Department or the city engineer. It is unlawful for any person to remove, alter or deface any sign or other marking so installed. Additional markings on the standards shall be approved by the city engineer. D. All horse-drawn carriage for hire stands are to be available for the use of all horse-drawn carriages for hire operating within the city on the basis of the driver of the first carriage for hire arriving at a vacant stand having the right to occupy such stand; however, the city treasurer may designate certain stands for a particular class of vehicles for hire only, such as: taxicab, horse-drawn carriage, etc. It is expressly provided that passengers may select any horse-drawn carriage for hire at such stands regardless of the horse-drawn carriage's position in the line at such stand and that no certificate holder may monopolize any stand. E. While in service, the operator of a horse-drawn carriage for hire may park the carriage at any legal parking space. When a carriage is parked upon a metered space, the operator shall pay the appropriate fee. If the carriage is so large that more than one metered space is occupied, the driver shall pay the meter(s) for all spaces fully or partially occupied. This provision shall not prevent the operator of a horse-drawn carriage for hire from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. While parking for this designated purpose upon a metered space, the driver shall pay the appropriate fee. While parked at any parking space, subsections G and H of this section and section 6-1-45 shall apply. F. No person other than the holder of a horse-drawn carriage for hire certificate of convenience and necessity, his or her agent, or employees, shall occupy a designated horse-drawn carriage for hire stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any passenger vehicle for hire entering or about to enter the stand or stop. G. Carriage companies shall keep horse-drawn carriage stands clean, free of manure and urine at all times. Urine shall be diluted with water or water with disinfectant as it occurs. H. Water for the horses shall be available at all times. DRIVERS AND CONDUCTORS (Code 1985, § 39-119; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-20 Vehicle drivers.

Sec. 6-1-20. - Vehicle drivers. No person shall operate a horse-drawn carriage for hire upon the streets of the city, and no certificate holder who owns or controls a horse-drawn carriage for hire shall permit it to be so driven, and no passenger vehicle licensed by the city shall be so driven at any time for hire, unless the driver of the vehicle for hire shall have first obtained and shall have a current and properly updated passenger vehicle for hire driver's permit which has been approved by the city treasurer and issued by the city treasurer, or his or her designee. (Code 1985, § 39-120; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-21 Application for a driver's permit.

Sec. 6-1-21. - Application for a driver's permit. A. Permits required by this article shall be applied for, in person and in writing, on such forms as the city treasurer may prescribe, which forms shall show that: 1. The applicant has obtained a valid driver's license pursuant to the provisions of T.C.A. chapter 7, title 59; 2. The experience of the applicant in working with horses; 3. All criminal statutes, whether federal or state, or city ordinance violations for which conviction, forfeiture of bond or pleading of nolo contendere has occurred, including motor vehicle and traffic violations; 4. Such other information as the city treasurer may require. B. Such application shall be accompanied by two photographs as provided by the city permits office, one of which shall be attached to the permit, if issued, and one to be retained in the files of the city treasurer with the application for the permit. C. Such application shall be accompanied by: 1. A statement form, provided by a physician licensed to practice in the State of Tennessee, dated within 30 days of the application, indicating the length of time which the physician has treated the applicant, showing the applicant is not disabled by reason of defect of sight, hearing, body or limb, from safely operating a horse-drawn carriage and indicating any and all physical and mental conditions for which treatment has been rendered within the last year and for which treatment continues to be rendered; 2. Statements of at least three reputable residents of the city who are personally acquainted with the applicant who will state their knowledge of the good reputation, honesty, and general good character of the applicant, and include their name, address and home or work telephone number; 3. A statement from a holder of a certificate of public convenience and necessity indicating that the applicant shall be affiliated with the certificate holder upon issuance of the permit. D. Permits shall remain the property of the city treasurer and may be canceled, revoked, or suspended at any time and will be surrendered on demand. (Code 1985, § 39-121; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-22 Application for a carriage driver's training permit.

Sec. 6-1-22. - Application for a carriage driver's training permit. A training permit will be issued for new and potential carriage drivers good for 14 days. During this period, the driver is required at all times to drive or ride with a designated trainer and permitted carriage driver. The fee for the trainer's permit shall be half that of regular carriage drivers and will go towards the cost of a full carriage driver's permit. If the trainee does not make full application after 14 days, the permit shall be null and void and the applicant must begin the process again. (Code 1985, § 39-121.1; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-23 Applicant to fill out identification questionnaire and be fingerprinted.

Sec. 6-1-23. - Applicant to fill out identification questionnaire and be fingerprinted. Each applicant applying for a permit shall appear before the city treasurer or his or her designee to complete an identification questionnaire on a form to be provided, and be fingerprinted. (Code 1985, § 39-122; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-24 Investigation; issuance; not to issue to certain persons.

Sec. 6-1-24. - Investigation; issuance; not to issue to certain persons. A. Before issuing a permit under this article, the city treasurer or the city treasurer's designee shall investigate the facts set out in the application and shall not grant such permit to any person who, in the opinion of the city treasurer, after investigation, is not physically or morally fit to drive or operate a horse-drawn carriage for hire in the city. B. No driver's permit shall be issued to any applicant who has been convicted of, forfeited bail or pleaded nolo contendere to a felony or any crime, involving moral turpitude as defined in T.C.A. § 57-4-203(h)(2), a controlled substance, prostitution, assignation, obscenity or any crime of a sexual nature in any jurisdiction, or been an inmate of reform school or penitentiary as a result of a conviction for a felony, within five years prior to his or her application for such permit. C. The city treasurer may refuse to issue a permit to any applicant whose police record shows numerous convictions for public drunkenness, driving under the influence of intoxicants/drugs, repeated moving traffic violations, or any other good and just cause which, in the opinion of the city treasurer, would be inimical to the public health or safety. D. No permit shall be issued unless the applicant is at least 18 years of age. E. It shall be the duty of the city treasurer to issue a permit to any person applying therefor, showing compliance with the provisions of this chapter. (Code 1985, § 39-123; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-25 Notification of arrest or indictment.

Sec. 6-1-25. - Notification of arrest or indictment. The holder of a driver's permit shall advise the city treasurer immediately of all charges, arrests, and indictments, including those for public drunkenness and driving under the influence of intoxicants. The city treasurer may suspend a driver's permit for five days prior to a hearing pursuant to section 6-1-31, if the driver is arrested, charged, or indicted for any violation of city, state, or federal laws. It shall also be the responsibility of the certificate holder with which the driver is affiliated to notify the city treasurer of the charges, arrests, or indictments. Failure to do so may result in suspension or revocation of the permit and/or of the certificate. (Code 1985, § 39-124; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-26 Notification of company change of driver.

Sec. 6-1-26. - Notification of company change of driver. At the time a permit is issued, the driver must register with the division of police services the name of the horse-drawn carriage for hire certificate holder with which the driver intends to be affiliated and the division of police services will have stamped on the permit the name of the horse-drawn carriage for hire certificate holder specified by the driver. If at any time a driver wishes to change affiliations, the driver must register the change with the division of police services, and a fee of $10.00 will be charged to defray administrative cost. Failure to advise the director of any such changes may result in suspension or revocation of the permit. It shall be the responsibility of the holder of the certificate of public convenience and necessity to notify the city treasurer when affiliation with a driver is discontinued and any holder which allows a driver to operate a vehicle for hire without a proper and complete permit may have its certificate suspended or revoked. The holder of the certificate of public convenience and necessity must supply in writing to the permit's office the correct address of each driver currently affiliated with the certificate holder. (Code 1985, § 39-125; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-27 Permit fee.

Sec. 6-1-27. - Permit fee. Each applicant for a permit under the provisions of this article shall pay to the city treasurer a fee of $30.00 at the time of the filing of the application to cover the cost of drug screening, physical and driver's safety classes. For the renewal of such permit, the applicant shall pay a fee of $25.00. To replace a lost, destroyed, or stolen permit that is current, the fee shall be $20.00. (Code 1985, § 39-126; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-28 Form, size, design, and contents.

Sec. 6-1-28. - Form, size, design, and contents. A permit issued under this chapter shall be in card form, of such size and design as may be prescribed by the city treasurer which shall bear on its face a photograph of the driver, the number of the permit, the expiration date thereof the company with which the driver is affiliated, and such other information as the city treasurer may require. (Code 1985, § 39-127; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-29 Possession of permit.

Sec. 6-1-29. - Possession of permit. The original permit issued under this chapter, containing a photograph and other data on the driver shall at all times be in the possession of the driver of the horse-drawn carriage for hire operated by such driver, to be shown to the passenger or a police officer on demand, while such horse-drawn carriage for hire is under the direction or control of such driver. (Code 1985, § 39-128; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-30 Expiration and renewal.

Sec. 6-1-30. - Expiration and renewal. A. A permit issued under this chapter shall expire at midnight on the anniversary of the birth date of the permit holder each calendar year. B. If the driver wishes that his or her permit be renewed, he or she shall furnish the city treasurer, or his or her designee, in person, the following information at least one month prior to his or her permit expiration: 1. An affidavit signed by the driver indicating no medical or physical disabilities were suffered during the previous year; 2. A statement from a holder of a certificate of public convenience and necessity indicating that the driver is a current driver for the certificate holder. C. Every three years, a driver shall submit, at the time of renewal, a certificate completed by a physician licensed in the State of Tennessee and including that physician's license number, indicating the length of time which the physician has treated the driver, showing the driver is not disabled by reason of defect of sight, hearing, body or limb from safely operating a horse-drawn carriage and indicating any and all physical and mental conditions for which treatment has been rendered within the previous three years and those for which the driver continues to receive treatment. (Code 1985, § 39-129; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-31 Fines, suspension, and revocation of permit.

Sec. 6-1-31. - Fines, suspension, and revocation of permit. A. The city treasurer is given the authority to fine a penalty fee of no more than $50.00 to suspend or revoke any driver's permit issued under this chapter for a driver's failure to comply with the provisions of this chapter or the rules and regulations specified by the city treasurer. B. The city treasurer shall notify a driver of the violations with which he or she is charged and his or her right to a hearing before the city treasurer or the city treasurer's designee, at which time the driver shall have an opportunity to present evidence; provided, however, that the city treasurer or the city treasurer's designee may suspend a permit for five working days prior to a hearing, with a hearing to be held within that period of time, if, in the judgment of the city treasurer or the city treasurer's designee, the public health and safety requires. At such hearing, the city treasurer or the city treasurer's designee is authorized to further suspend or revoke a driver's permit. (Code 1985, § 39-130; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-32 Unauthorized use of permit; defacing or removing permit.

Sec. 6-1-1. - Unauthorized use of permit; defacing or removing permit. A. The city treasurer or the city treasurer's designee may suspend or revoke the permit of any driver for allowing any other person to use the permit granted to the driver, for the purpose of operating a passenger vehicle for hire or for any other reason. B. The city treasurer or the city treasurer's designee may suspend or revoke the permit of any driver who defaces, removes, or obliterates any official entry made upon the permit. (Code 1985, § 34-131; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-33 Standards of appearance and conduct of drivers.

Sec. 6-1-33. - Standards of appearance and conduct of drivers. A. No driver shall engage in selling alcoholic beverages, any controlled substance, or solicit business from any house of ill repute or any person known to be of ill repute use his or her vehicle for any purpose other than the transporting of passengers except as provided for driver trainees. Passengers may possess alcoholic beverages. B. Drivers shall not engage in abusive language, including, but not limited to, cursing, verbal insults, or derogatory comments in the presence of passengers, potential or engaged, or staff members of regulating authorities. C. While on duty, drivers shall not be under the influence nor engage in the consumption of intoxicants, including, but not limited to, beer and other alcoholic beverages or controlled substances. Any driver charged with driving while intoxicated may have his or her permit immediately suspended as provided in section 6-1-31. D. Drivers must present an acceptable appearance, including clean, neat wearing apparel not in need of repair. Hats may be worn. No shirt may be worn displaying an offensive logo. No halter-tops or tank shirts may be worn. Shorts may be worn but must be knee length or no more than three inches above the knee. Shoes, excluding sandal type shoes, must be worn at all times while serving the public. General appearance must be one of neatness and cleanliness. (Code 1985, § 39-11; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-34 Total passengers in vehicle; carrying passengers on driver's seat prohibited.

Sec. 6-1-34. - Total passengers in vehicle; carrying passengers on driver's seat prohibited. No driver shall permit more persons to be carried in a horse-drawn carriage for hire as passengers than the seating capacity. A child in arms shall not be counted as a passenger. (Code 1985, § 39-133; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-35 Consent required for horse-drawn carriage driver to pick up additional passengers.

Sec. 6-1-35. - Consent required for horse-drawn carriage driver to pick up additional passengers. No driver of a horse-drawn carriage shall carry any person other than the original passenger(s) by whom he or she has been engaged, without the consent of the original passenger(s), unless it is a driver trainee or other company employee. (Code 1985, § 39-134; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-36 Drivers not to work more than 12 hours out of 24.

Sec. 6-1-36. - Drivers not to work more than 12 hours out of 24. A. No driver shall work more than a maximum of 12 hours in the aggregate of any 24-hour period, and such driver shall not begin to drive until he or she has had at least eight consecutive hours of rest. B. It is the duty of the certificate holder in conjunction with the driver to meet these requirements. (Code 1985, § 39-135; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-37 Solicitation of passengers by drivers; drivers to remain in or near carriage.

Sec. 6-1-37. - Solicitation of passengers by drivers; drivers to remain in or near carriage. A. No horse-drawn carriage for hire driver shall solicit passengers for a horse-drawn carriage for hire, except when sitting in the driver's seat of such carriage for hire or while standing immediately adjacent to the carriage. The driver of any horse-drawn carriage for hire shall remain in the driver's seat or immediately adjacent to the carriage at all times when such carriage is upon public streets, provided further, that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of the carriage. B. No horse-drawn carriage for hire driver shall solicit patronage in a loud or annoying tone of voice, or by sign, or in any manner annoying any person, or to obstruct the movement of any person or follow any person for the purpose of soliciting patronage. (Code 1985, § 39-136; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-38 Drivers of horse-drawn carriages.

Sec. 6-1-38. - Drivers of horse-drawn carriages. A. A driver of a horse-drawn carriage must properly guide the animal and carriage and must properly control the animal and carriage at all times, and: B. Must have valid driver's license. C. Must obey all traffic laws/rules. D. Drivers must be permitted. VEHICLES (Code 1985, § 39-137; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-39 Carriage safety equipment.

Sec. 6-1-39. - Carriage safety equipment. A. Prior to the use and operation of any horse-drawn carriage for hire under the provisions of this chapter, the carriage shall be thoroughly examined and inspected by an Inspector and found to comply with this section's requirements. If, at any time, the horse-drawn carriage for hire is found by an inspector not to comply with the following requirements, the horse-drawn carriage for hire shall not be allowed to be operated on the streets, alleys, and public ways of the city until and unless the inspector finds the carriage meets these requirements. B. Every carriage operating on the streets, alleys and public ways of the city shall at all times be equipped with all safety equipment and any other requirements in respect to safety as is required by the laws of the state or this Code and all such regulations as may be issued by the city treasurer. C. Every horse-drawn carriage for hire operating on the streets, alleys and public ways of the city shall at all times be in a safe and suitable condition for such use and shall have the following: 1. Every horse-drawn carriage shall be equipped with lights clearly visible from the front and rear. One light housing shall be attached to the left side of the carriage and one light housing shall be attached to the right side of the carriage. The light housings may be of the type that illuminate from the front and rear simultaneously. Viewed from the rear, the lens must be red. Viewed from the front, the lens may be clear or amber. The light(s) must be capable of displaying a light visible 500 feet to the rear and 500 feet to the rear of such vehicle under ordinary atmospheric conditions and such light shall be displayed during the period from one-half hour after sunset to one-half hour before sunrise and at all other times when there is not sufficient light to render clearly discernible any person on the road or highway at a distance of 200 feet ahead of such vehicle. 2. Each carriage shall be equipped with electric turn signals. 3. No company shall use a carriage not equipped with brakes. 4. Each carriage shall be equipped with a slow-moving vehicle emblem to be attached to the rear of the vehicle. 5. Each company is encouraged to use reflective material wherever appropriate on carriages, harness, and horse forelimbs. 6. Carriages must be properly lubricated and wheels must spin freely. 7. Each carriage should be equipped with a device to catch horse manure and prevent it from falling on the pavement; all missed droppings should be cleaned up at the end of each trip. 8. Each carriage shall be maintained in a safe and sanitary condition. 9. No horse-drawn carriage may carry more passengers than it was originally intended. 10. Each company shall conduct regular safety inspections of their vehicles. No vehicle shall be allowed into service that has lights, brakes or other safety features that are inoperable. Radio equipped or cellular phone equipped carriages are encouraged. 11. Four-wheel carriages should be equipped with fifth wheel or cut under turning mechanisms on the front axle. 12. Any other requirements in respect to safety as is required by the laws of the state or this Code and all regulations as may be issued by the city treasurer. 13. Obey all traffic laws of city and state. 14. Identifying stickers. 15. Name of company. (Code 1985, § 39-138; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-1-40 Television equipment.

Sec. 6-1-40. - Television equipment. No television set shall be installed or portable model television operated in any horse-drawn carriage. (Code 1985, § 39-139; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-41 Horse-drawn carriage maintenance.

Sec. 6-1-41. - Horse-drawn carriage maintenance. A. Every horse-drawn carriage for hire operated in the city shall be kept in a clean and sanitary condition and in such condition of repair as may be reasonably necessary to provide for the safety of the public and for continuation in satisfactory operation. B. It is the joint responsibility of the certificate holder and of the driver to maintain the appearance and safety of the horse-drawn carriage for hire and equipment and failure to comply may result in the suspension or revocation of the certificate for public convenience and necessity and/or of the driver's permit. C. All carriages are subject to an annual inspection by the permits/license inspector for safe mechanical conditions, with all safety equipment remaining intact and operative. D. Any carriage involved in an accident is required to be inspected by the permits/license inspector before going back into service. Driver shall be held to include every person in actual charge of the operation of a horse-drawn carriage. LICENSING AND CARE OF ANIMALS (Code 1985, § 39-140; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4941, 5-7-2002).

Memphis Code of Ordinances § 6-1-42 Licensing of equines-powers of director of animal services.

Sec. 6-1-42. - Licensing of equines-powers of director of animal services. A. General. 1. As set forth in this chapter every person or business operating a horse-drawn carriage for hire business in the city is required to obtain and maintain a valid certificate of public convenience and necessity ("certificate") and every driver of a horse-drawn carriage for hire is required to obtain and maintain a valid driver's permit. 2. Every certificate holder is also required to obtain and maintain a valid license for every equine to be used in the horse-drawn carriage for hire business as provided in this section ("equine license"). 3. The director of animal services shall have authority over the licensing of equines and the enforcement of the provisions of this chapter regarding the care of animals used in the horse-drawn carriage for hire business to promote the health, safety, and well-being of the licensed equines. Compliance with all provisions of this chapter is a continuing condition of every certificate, driver's permit, and equine license. 4. A driver shall allow the inspection of their horse and/or carriage by an Inspector at any time while they are on public streets. This includes a trip in which they have been hired if a safety issue is suspected. 5. Holders and drivers shall be responsible for any violation under this article where it is shown such person had knowledge of the violation, or should have had knowledge of the violation, and made no attempt to prevent it from occurring. 6. Nothing in the chapter shall preclude the director of animal services or their designees from enforcing all local, state, and/or federal animal cruelty laws. B. Before any animal is brought into service by the certificate holder, the certificate holder shall obtain an equine license from the director of animal services, which may be issued only after the equine has been examined by a Tennessee licensed veterinarian who provides service in Shelby County, Tennessee, and a listed telephone number. The veterinarian shall certify to the director of animal services in writing that the animal meets all qualification criteria set forth herein after in this section, and that certification shall be presented to the director of animal services for approval prior to issuance of an equine license for the equine by the City of Memphis. The veterinarian shall provide the following as proof of certification: 1. A veterinary record of a microchip placed in the neck along the nuchal ligament just under the mane. 2. A copy of the animal's veterinary records with the most recent exam being dated no more than 30 days prior to the animal being brought into service. 3. A copy of a negative Coggin's Test. C. No licensed equine shall be permitted to pull any carriage unless the animal is in good health and meets at least the following requirements: 1. Must be a gelding or mare. 2. Must be at least three years old and no greater than 20 years old. 3. Must weigh at least 1,200 pounds to pull up to eight people, including the driver, as a single puller, and must weigh at least 1,500 pounds to pull a carriage capable of holding up to 30 people and shall only pull such a carriage in a team of two such animals. 4. Must be of such stamina and in such physical condition, as determined by a veterinarian, to perform the required equine-drawn carriage tasks without any undue stress and effort. D. The following shall deem a licensed equine unfit for use: 1. Lameness of any kind; 2. Open sores or wounds caused or likely to be irritated by the bearing surfaces of harness, bridle, or girths; 3. Signs of emaciation, dehydration, or exhaustion; 4. Loose shoes or no shoes; or 5. Uncontrollable behavior. E. An equine required to be licensed pursuant to this section which fails to meet any of the above criteria may be declared unfit for service and may be ordered removed from work by the director of animal services or his or her designee if the director of animal services or his or her designee determines that removal of the equine is necessary for health and safety reasons or as an immediate protection to the equine or the public. An equine for which such an order has been issued shall not be returned to work until such time as the equine is re-examined and a veterinarian licensed by the State of Tennessee certifies in writing that the equine is fit to return to work using the criteria set forth in this chapter. F. Should a carriage horse be permanently removed from service, it shall be sold or disposed of in a humane manner. (Code 1985, § 39-141; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-43 Proper care of licensed equines.

Sec. 6-1-43 - Proper care of licensed equines. A. An equine required to be licensed pursuant to this article must receive the following routine veterinary care to remain compliant with this chapter: 1. A full soundness exam every six months by a veterinarian licensed by the State of Tennessee. 2. Treatment for internal parasites or fecal floatation egg counts every four months under the direction of a veterinarian licensed by the State of Tennessee, and treatment for external parasites whenever they are found to be present. 3. Hoof trimming and shoes reset every six to eight weeks using caulks or borium to prevent slippage and rubber shoes or pads to prevent concussion injuries; shoes shall be shod in a manner approved by the director of animal services and shall have non-skid base surfaces. B. A preventative vaccination/ veterinary record affirming these standards are met shall be maintained by certificate holder and must be available for inspection on demand by the director of animal services or their designee, to include: 1. Current license of the equine being used; 2. Current picture of the equine; 3. Current health certificate of the equine; 4. The equine's body condition score, certified every six months by a veterinarian licensed by the State of Tennessee; and 5. Description and location of any other identifying characteristics, marks, and brands of the equine. C. The animal must be kept clean, especially those areas in contact with the harness or other tack, as well as groomed daily when in service and must not have fungus, dandruff or a poor or dirty coat. D. Each animal must be fed at least twice daily and shall have access to forage and feed in the amount to keep appropriate body condition score. The forage and feed shall be kept clean, fresh and must be of good quality. E. Each animal must have accessible potable drinking water provided in the stable at all times. F. An animal shall be properly exercised when not working. G. Holders and drivers shall ensure that each equine is offered potable drinking water in an appropriate container after every fare.

Memphis Code of Ordinances § 6-1-44 Conditions of use of licensed equines.

Sec. 6-1-44. - Conditions of use of licensed equines. A. A licensed equine shall not be worked under any of the following conditions: 1. Pulling a carriage at a speed faster than a slow trot; 2. Pulling a carriage at top speed for more than 30 minutes; 3. With equipment causing an impairment of vision other than normal blinders; 4. Any condition which will impair the good health and physical condition of the animal or that subjects the animal to cruel or harassing treatment. 5. Pulling a carriage that has music or other amplified sound played above 85 dB, or at any level below that which causes the animal distress. 6. Pulling a carriage on a public highway, path or street during conditions which are determined by the director of animal services or their designee to pose a threat to the health, safety or well-being of the equine, passengers, or general public. 7. If conditions develop while an equine is being worked, said equine shall be returned without delay to the stable by the most direct route and, if the threat posed is an immediate one, then the return of the equine to the stable shall be by equine trailer. B. Shifts. 1. Holders and drivers shall ensure that any licensed equine does not work more than eight hours in a 24-hour period as reflected by pulling fares in the logbook. Carriages may be in service for up to ten hours so long as no more than eight of the ten hours are active pulling fares. An equine must have at least a 14 continuous hour rest period within each 24 hour period. Equines shall be considered as working if the equine is pulling a carriage that is being presented to the public as a carriage for hire. 2. Certificate holders and drivers shall provide equines a minimum ten minute rest period between fares in excess of one hour. Certificate holders and drivers shall provide equines a reasonable rest period between fares less than one hour. 3. Certificate holders shall keep a current log in each stable showing each equine's use. A certificate holder shall keep on the premises of the stable where the licensed equines are kept a consecutive daily record of the movements of each licensed equine, including driver's name and identification number, equine's identification number, vehicle identification tag number, and a daily manifest on each equine. Such records shall be made available, at any reasonable time, for inspection by the director of animal services or his or her designee. 4. If a licensed equine must return to the stables due to inclement weather or equipment replacement, it may return to operation to complete the same shift but may not extend that shift beyond ten hours from the start of the shift. C. Weather. 1. Certificate holders shall check the temperature for the City of Memphis every 30 minutes while they have carriages in service and document in the daily record for horses in service that day. This verification shall be done by using a reputable weather website. If the temperature is at or above 95° Fahrenheit or at or below 32° Fahrenheit, animals may not be put into service and shall not be outside of the barns or stables. 2. All certificate holders and drivers shall work their horses only when safe weather conditions exist. Special attention and discretion should be used during periods of snow, ice, heavy rain, high humidity, or extreme wind chill. Proper shoes should be used during icy conditions. 3. Should the director of animal services determine that special circumstances exist which would jeopardize the safety of a licensed equine, such as a significant weather event or other environmental problems, the director may order the temporary suspension of the operation of all horse-drawn carriages for hire until such time as the special circumstances no longer exist. (Code 1985, § 39-142; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-1-45 Equipment.

Sec. 6-1-45. - Equipment. A. Certificate holders and drivers shall ensure that pads and other pieces of tack are kept clean and in a safe and serviceable condition. No licensed equine will be worked with a harness or bit that is not approved by a qualified and approved veterinarian. 1. The harness must be oiled and cleaned to be soft at all times. 2. The harness shall be properly fitted and maintained. Wire, sisal, rope, rusty chains, or other substandard additions to the harness are prohibited. 3. The harness shall be examined every six months by a veterinarian licensed by the State of Tennessee. B. The use of whips is prohibited except in situations presenting imminent danger to human or equine safety. Certificate holders and drivers are restricted to the use of a "buggy" style whip at times of imminent danger. All other whip styles are prohibited in all situations. C. Equines licensed under this chapter will be fitted with a diaper or proper collection bag for animal droppings. 1. A driver shall empty the horse's diaper prior to the beginning of each trip for hire. 2. A driver shall not allow excrement to drop from the equine's diaper and will ensure that the diaper bag is properly fastened to the equine as outlined by the manufacturer's instructions. 3. It shall be the responsibility of the certificate holder to take the necessary steps to keep all streets, alleys, sidewalks, and other public ways of the city cleared of animal droppings. D. Each driver shall dilute horse urine with a deodorizing, non-toxic liquid right away. The driver shall not impede traffic while doing so and if necessary, shall clean up any missed urine at the end of each trip. (Code 1985, § 39-143; Ord. No. 4227, § 1, 11-2-1993); (Code 1985, § 39-144; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-1-46 Stalls and stables.

Sec. 6-1-46. - Stalls and stables. A. Stables for housing of equines and carriages shall comply with all zoning laws and ordinances of the City of Memphis and Shelby County and shall be no less than 100 feet from any dwelling. B. Such facilities shall conform to all health and sanitation regulations and shall be open for inspection by the director of animal services and their designees at all reasonable times, with or without prior notice. C. All stables used for housing horses shall be well lighted and ventilated. D. Foot hazards and sharp surfaces will not be permitted in any area or building where the licensed equines may be injured by such hazards and surfaces. E. All stables shall have standing stalls of sufficient dimensions to allow each equine to enter, stand, turn around, and lie down in a natural manner, and protect from adverse weather. The stalls shall be enclosed on all four sides and shall have a solid exterior wall and a solid roof free of leaks. F. Tie stalls shall be a minimum of 46 feet by ten feet. Horses that are not turned out daily should not be kept in tie stalls. G. Stables and stalls shall be clean and dry. Sufficient bedding of straw, shavings, or other suitable material shall be furnished and changed as often as necessary to maintain the stables and stalls in a clean and dry condition. Bedding for concrete floors shall consist of at least six inches of materials. Bedding for clay, dirt or rubber base floor shall consist of at least three inches of materials. H. A pest control program shall be used to control flies and other insects. I. All interior and exterior areas of the stable shall be kept clean, properly drained, and free of nuisances including, but not limited to, odors and accumulation of refuse and excrement. J. There shall be no smoking at any time in stables. (Code 1985, § 39-146; Code 1985, § 39-147; Ord. No. 4227, § 1, November 2, 1993; and Ord. No. 5421, § 1, adopted November 1, 2011; Ord. No. 5843, § 1, 7-11-2023)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-1HOAWCAFetched: 10/28/2026