1. In this by-law, the following words mean:

Transcription

1 R.B.C.M. c. V-1 BY-LAW CONCERNING HORSEDRAWN VEHICLES , a. 1; , a. 1. CHAPTER I GENERAL PROVISIONS , a. 2. SECTION I INTERPRETATION 1. In this by-law, the following words mean: horsedrawn vehicle : a vehicle drawn by one or more horses and used commercially to transport passengers, commonly called a calèche, carriage, victoria, sleigh, or cariole; operator : any person operating a business consisting in the transport of passengers in a horsedrawn vehicle, other than as the driver of that vehicle; , a. 3; , a. 2. SECTION II PERMITS 2. No operator may carry on his business without holding the permits referred to in chapter II of the By-law concerning special taxes on businesses, occupations and activities (chapter T-3) , a. 34. CHAPTER II HORSEDRAWN VEHICLES , a. 4. SECTION I PERMIT CONDITIONS , a The permits referred to in article 2 are issued under the following conditions: May 5, 2000 V-1 / 1

2 (1) a vehicle must, to ensure the safety of passengers, be clean, in good condition, and meet the following requirements: (a) woodwork must be sound and shafts must be of hardwood; (b) no metal parts may be corroded; (c) the wheel hub must fit on the axle; (d) wheels must be of wood or metal and be fitted with rubber tires without inner tube; (e) no part may have a sharp or cutting element likely to injure a passenger; (f) the bodywork of a sleigh or cariole may not be painted white; (2) a vehicle must be provided with the following accessories: (a) an airtight box for droppings, a plastic waterproof garbage bag placed in that box and a shovel to remove droppings; (b) a phosphorescent orange triangular-shaped plate conforming to ACNOR/CSAD , firmly affixed to the rear; (c) an official fee schedule provided by the city, permanently fixed with screws at a place visible at all times by passengers; (d) a snap hook attach cable; (3) except for a sleigh or a cariole, a vehicle must be equipped with the following accessories, in addition to those referred to in paragraph 2: (a) 2 lanterns whose light must be visible from a distance of at least 60 m; (b) 4 mudguards; (c) a footboard solidly attached to the carriage frame and mudguards; (4) for a sleigh or a cariole, the vehicle must, in addition to the accessories referred to in paragraph 2, be equipped with sleigh bells and 6 red reflectors, each at least 8 cm in diameter and visible from a distance of at least 60 m, 2 of which must be in front, 2 at the rear and 1 on each side of the vehicle; (5) a horse must be clean, shoed on all 4 hooves, and be identified by a bracelet worn on the front right leg; it must be free from any disease or sores, as certified by a veterinarian; (6) an operator must hold a liability insurance policy of at least $ for each horsedrawn vehicle, for injury to third parties resulting from the use of the vehicle; he must provide a copy of that policy with a commitment from the insurance company that issued the policy whereby it agrees to give the director of the Service de police de la Communauté urbaine de Montréal a 10-day notice of the cancellation or expiry of the policy or any change in the insuring agreement or insured risk. Each permit is issued with a numbered vehicle plate and an identification marker bearing the plate number , a Each operator must: (1) secure the numbered plate permanently at the rear of each vehicle, in a conspicuous place; (2) affix the sticker to the right side of the vehicle, in a conspicuous place; V-1 / 2 May 5, 2000

3 No person may alter, damage or remove a plate or a sticker referred to in the first paragraph , a No operator may allow a vehicle to be driven by a person without the driver's permit provided for in this by-law. An operator who drives the vehicle himself must also hold that permit. 6. No horsedrawn vehicle may be driven without the driver's permit referred to in chapter II of the By-law concerning special taxes on businesses, occupations and activities (chapter T-3) , a The permit referred to in article 6 is issued to any applicant meeting the following requirements: (1) be a resident of Québec; (2) be of age and of good moral character; (3) show a fair aptitude for driving a horsedrawn vehicle; (4) where an ordinance enacted under paragraph 10 of article 22 so requires, have successfully passed the qualification test provided for in that ordinance. 8. Any driver who commits 4 offences under this by-law in the same year and who is convicted of those offences loses the right to have his permit renewed for one year after the year during which he was convicted of the fourth offence. Where one of the 4 offences is in contravention of paragraph 6 of article 9, the loss of the right to a permit renewal applies to a period of 2 consecutive years. SECTION II DRIVING RULES , a Each driver of a horsedrawn vehicle must: (1) have his driver's permit and liability insurance certificate or a copy of the certificate in his possession, and submit them on request to a peace officer or city employee responsible for the enforcement of this by-law; (2) wear a clean shirt, fully fastened with buttons or otherwise, and provided with sleeves; (3) have in his possession the official identification card provided by the city and bearing, in addition to his name and address, his permit number and photo; (4) keep the official fee schedule posted on the vehicle, as specified in subparagraph (c) of paragraph 2 of article 3; (5) issue to passengers, for each trip, a receipt bearing the permit number of the vehicle and of the driver, the time of the trip and the amount paid; (6) refrain from driving his vehicle while under the influence of alcohol or drugs. May 5, 2000 V-1 / 3

4 10. Any peace officer or city employee responsible for the enforcement of this by-law may order a driver who does not meet the requirements of article 9 to be out of service. 11. Vehicles and horses must be maintained in accordance with permit issue prerequisites; the insurance required to obtain a permit must be kept in force as long as the vehicle is used commercially to transport passengers. 12. A peace officer or city employee responsible for the enforcement of this by-law may order the driver of a horsedrawn vehicle to be out of service if the vehicle does not meet the requirements of this by-law, and to keep it out of service until the necessary repairs are made and the authorization to restore service has been granted. 13. Every horse hitched up to a vehicle must: (1) be properly fed and rested every day; (2) be properly hitched up so as to be able, in particular, to breathe freely; (3) be provided with a leather harness free from cracks and rough patches likely to cause injury; (4) be hitched up no more than 9 hours in a 24-hour period; (5) be covered, from November 1 to April 30, with a blanket when at its stand; (6) be provided with a droppings bag attached to the harness and shafts so that the horse is neither injured nor hindered in its movements, and that the content is out of sight of passengers. No horse may be hitched up to a vehicle between 6 a.m. and 6 p.m. when the outside air temperature recorded by Environment Canada at the Dorval Weather Office reaches or exceeds 32ºC , a A peace officer or city employee responsible for the enforcement of this by-law may order the driver of a horsedrawn vehicle whose horse does not appear to meet the requirements of this by-law to withdraw it from service immediately, to have it examined by a city veterinarian and to refrain from putting it back into service without holding a certificate from a city veterinarian attesting that it has recovered its health. The examination and certificate fees are at the expense of the operator of a horsedrawn vehicle , a Any person who refuses to comply with an order given under articles 10, 12 and 14 is guilty of an offence and is liable to the penalty provided for in this by-law. 16. No driver of a horsedrawn vehicle may: (1) whip his horse, unless it is to prevent an accident; (2) drive his vehicle beyond the routes or boundaries under this by-law; (3) park his vehicle elsewhere than at a stand reserved for horsedrawn vehicles; V-1 / 4 May 5, 2000

5 (4) leave his vehicle unattended; (5) let his horse graze on grass and shrubs next to a stand; (6) solicit customers; (7) use rude language in public or when talking to customers; (8) pick up and set down passengers elsewhere than at a stand; (9) demand, for a trip, fees other than those in the schedule enacted by ordinance; (10) carry more passengers than there are seating accommodations in his vehicle , a After sunset, the headlights of a vehicle must be turned on unless the vehicle is at a stand , a When his vehicle is at a stand, the driver must clean up all traces of urine on the ground with a disinfectant and empty the content of the droppings bag into the airtight box of the vehicle or into the container provided by the city for that purpose at the stand, and put a hobble around the horse s leg , a The driver of a horsedrawn vehicle must return all articles left in his vehicle to a police station within 24 hours. 20. Each person who retains the services of the driver of a horsedrawn vehicle must pay the fees set by ordinance. 21. The driver of a horsedrawn vehicle whose services are retained for a wedding may agree on that occasion on fees other than those in article 20, and drive his vehicle on routes or within boundaries other than those determined by ordinance , a The vehicular traffic rules in the Highway Safety Code (R.S.Q., chapter C-24.2) and in the By-law concerning traffic and safety (chapter C-4.1) apply to horsedrawn vehicles , a. 12; , a At a stand, each driver of a horsedrawn vehicle must park his vehicle within the limits of the stand and move up in the line to the next available space , a. 12. CHAPTER III (Repealed) May 5, 2000 V-1 / 5

6 21.3. (Repealed) (Repealed) (Repealed) (Repealed) (Repealed) (Repealed) (Repealed) (Repealed) (Repealed) (Repealed) CHAPTER IV ORDINANCES , a The executive committee may, by ordinance: (1) fix quotas on the number of horsedrawn vehicles that may be driven in the city in a given period, and for that purpose, determine the order of precedence for the issue of permits; (2) determine the routes or boundaries where horsedrawn vehicles may be driven; (3) set up stands for horsedrawn vehicles; V-1 / 6 May 5, 2000

7 (4) set the times and periods in the year during which horsedrawn vehicles may be driven; (5) set the fees that may be charged for rides in horsedrawn vehicles, per hour or per route; (6) require that a vehicle or horse be provided with certain accessories designed to ensure the safety of passengers; (7) (deleted); (8) provide, during events it determines, for certain variances from this by-law relating to the routes, boundaries, times and periods where horsedrawn vehicles may be driven; (9) (deleted); (10) require applicants for a horsedrawn vehicle permit to successfully pass a qualification test showing that they are able to harness and unharness a horse, drive a horsedrawn vehicle, provide tourist information to passengers, and are conversant with the proper regulations and by-laws; (11) determine the conditions under which that qualification test may be imposed, establish its content and various terms, and set the fees that the city may charge for the test , a. 14; , a. 5; , a. 4. CHAPTER V PENAL PROVISIONS , a. 15. SECTION I HORSEDRAWN VEHICLES , a Subject to the penalties provided for in the By-law concerning special taxes on businesses, occupations and activities (chapter T-3), and a law or by-law concerning vehicular traffic, any person who contravenes this by-law is guilty of an offence and is liable: (1) for a first offence, to a fine of $100 to $300; (2) for a second offence, to a fine of $300 to $500; (3) for a subsequent offence, to a fine of $500 to $ , a. 36; , a. 15. SECTION II (Repealed) , a. 15; , a (Repealed) , a. 15; , a. 5. May 5, 2000 V-1 / 7