City of Victoria Horsedrawn Vehicle Bylaws and You.

It is important that citizens understand what bylaws enable and protect the operation of horse carriage tours in Victoria.

We have shared here the parts of the City of Victoria’s Vehicles For Hire bylaws, so that you may be educated and report to the city any bylaw infractions you may witness related to the horse carriage tour companies.

You can report a bylaw infraction to the city here.

Or you can contact them by phone: T: 250.361.0215

Email them here: bylawenforcement@victoria.ca

“horsedrawn carriage” means a horsedrawn vehicle that is

(a) pulled by one horse, and

(b) has a maximum seating capacity of 6 passengers;

horsedrawn wagon” means a horsedrawn vehicle that is

(a) pulled by two horses, and

(b) has seats for a minimum of 7 and a maximum of 20 passengers;

PART 4 – HORSEDRAWN VEHICLES

Number of horsedrawn vehicle licences

19 (1) The Licence Inspector must not issue more than 18 sightseeing vehicle licences in respect of horsedrawn vehicles.

(2) If the number of licences issued in respect of horsedrawn vehicles falls below the limit described in subsection (1), the Licence Inspector may issue new licences in a number sufficient to bring the total to the limit described in subsection (1).

(3) Any new licences to be issued pursuant to subsection (2) may only be issued to persons who have been selected in accordance with section 20 and who otherwise satisfy the requirements of this Bylaw and the Business Licence Bylaw.

Selection process for horsedrawn vehicle licences

20 (1) If the number of sightseeing vehicle licences issued in respect of horsedrawn vehicles falls below the limit described in section 19(1), the Licence Inspector must

(a) advertise the availability of licences in respect of horsedrawn vehicles, including the number of available licences;

(b) invite persons to submit their name for a business licence to transport passengers in a horsedrawn vehicle and the number of licences being requested; and

(c) randomly select from the persons who have submitted their names pursuant to subsection (1)(b), persons to apply for a business licence to transport passengers in a horsedrawn vehicle until all available licences have been allocated.

(2) If within 30 days following the selection of persons pursuant to subsection (1)(c) the number of licences issued falls below the limit described in section 19(1), the Licence Inspector may randomly select from the persons remaining following the selection of persons pursuant to subsection (1), persons to apply for a business licence to transport passengers in a horsedrawn vehicle until all available licences have been allocated, notwithstanding any provision in this Bylaw to the contrary.

Removing excrement of horses

21 Each sightseeing vehicle licensee must cause any excrement dropped by a horse used in the operation of that licensee’s horsedrawn vehicle to be immediately removed from the street and lawfully disposed of.

17 Care and stabling of horses

22 (1) A sightseeing vehicle licensee may use a horse in the operation of a horsedrawn vehicle only if that horse is stabled outside of the City.

(2) For each horse used in the operation of a horsedrawn vehicle, a sightseeing vehicle licensee must, at its cost and by the first Monday of the month of March of each year for which a sightseeing vehicle licence is issued

(a) cause the horse to be thoroughly examined by a qualified registered veterinarian, to determine whether the horse is fit to be so used,

(b) provide to the Licence Inspector’s satisfaction a copy of the registered veterinarian’s certification that the horse is fit to be used for the operation of a horsedrawn vehicle,

(c) request the SPCA to conduct an evaluation of the living conditions of the horse, and to confirm in writing and in the form prescribed from time to time by the SPCA that such conditions are not likely to cause the horse to be in distress, and

(d) provide to the Licence Inspector’s satisfaction a copy of the written confirmation from the SPCA that the horse’s living conditions are not likely to cause the horse to be in distress.

(3) For each horse used in the operation of a horsedrawn vehicle, a sightseeing vehicle licensee must, at its cost and by the first Monday of the month of August of each year for which a sightseeing vehicle licence is issued

(a) cause the horse to be thoroughly examined by a qualified registered veterinarian, to determine whether the horse is fit to be so used, and

(b) provide to the Licence Inspector’s satisfaction a copy of the registered veterinarian’s certification that the horse is fit to be used for the operation of a horsedrawn vehicle.

Restricted areas and times for operation of horsedrawn vehicles

23 (1) A horsedrawn vehicle may be operated only within the area outlined on the map in Schedule B.

(2) A person must not operate a horsedrawn vehicle between 4:00 p.m. and 5:00 p.m. on any day from Monday to Friday in the following areas:

(a) Superior Street between Menzies and Douglas Streets;

(b) Southgate Street between Douglas and Quadra Streets;

(c) Douglas Street between Michigan and Belleville Streets.

(3) A person must not operate a horsedrawn vehicle on any day from Monday to Friday that is not a holiday within the shaded area shown on the map in Schedule B between the hours of

(a) 7:00 a.m. and 9:00 a.m., or

(b) 3:30 p.m. and 5:30 p.m.

(4) A person must not operate a horsedrawn vehicle between 1/2 hour after sunset and 1/2 hour before sunrise.

(5) Despite subsection (4), if the horsedrawn vehicle is equipped with headlamps and turn signal devices that meet the requirements for motor vehicles established under the Motor Vehicle Act a person may operate

(a) a horsedrawn carriage between 1/2 hour after sunset and midnight, or

(b) a horsedrawn wagon between 1/2 hour after sunset and 10:30 p.m.

(6) A sightseeing vehicle licensee must not load or unload horses into a vehicle in James Bay except at the location commonly known as Ogden Point.

Parking horsedrawn vehicles

24 (1) A person must not park a horsedrawn vehicle on a street except

(a) at a parking stand described in and allocated in accordance with Schedule C, or

(b) as may be permitted under the Streets and Traffic Bylaw.

(2) A person may park a vehicle in a parking stand described in Schedule C only if the vehicle is a licensed sightseeing vehicle of a sightseeing vehicle licensee described in column 1 of the table in Schedule C.

(3) The sightseeing vehicle licensees described in column 1 of the table in Schedule C must rotate their use of the parking stands described in column 2 of the table in Schedule C on a daily basis.

(4) A person allocated a parking stand in accordance with Schedule C must enter into an agreement with the City in the form attached as Schedule E to this Bylaw and pay to the City the rental fee for the stand set out in column 5 of the table in Schedule C.

(5) A person allocated a parking stand in accordance with Schedule C must not operate more than 4 horsedrawn wagons at any time from that stand.

Bylaw current to March 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.

19 Displaying name on horsedrawn vehicles

25 A person must not transport passengers in a horsedrawn vehicle unless the name of the sightseeing vehicle licensee or permit holder is visibly and legibly displayed on the vehicle.

PART 5 – HORSEDRAWN VEHICLE CRUISE SHIP TOUR PERMITS

Cruise Ship Permit applications

26 (1) Despite section 3(1), a sightseeing vehicle licensee may operate a horsedrawn vehicle that is not a licensed sightseeing vehicle if the person holds a valid Cruise Ship Tour Permit issued by the Director of Engineering.

(2) A person must apply for a Cruise Ship Tour Permit to the Director of Engineering at least 24 hours in advance of the tour for which the permit is to be used.

(3) The Director of Engineering may issue a Cruise Ship Tour Permit if the applicant for the permit provides the following information:

(a) a description of the horsedrawn vehicle to be used;

(b) the time and date of the tour;

(c) the name of the cruise ship from which the vehicle will load passengers;

(d) the name of the booking agent for the use of the vehicle;

(e) the number of passengers to be loaded onto the vehicle;

(f) the vehicle’s proposed route.

(4) An applicant must pay a $15 application fee for each Cruise Ship Tour Permit.

(5) If the operation of a horsedrawn vehicle under a Cruise Ship Tour Permit could reasonably be expected to result in traffic congestion, to interfere with access to or from a street, or to interfere with public safety, the Director of Engineering may

(a) request that an alternative route be used, or

(b) if an alternative route is unavailable because of similar concerns with traffic congestion, street access, or public safety, refuse to issue the Cruise Ship Tour Permit at the time and date proposed.

(6) A sightseeing vehicle licensee may not obtain more than 6 Cruise Ship Tour Permits for any one cruise ship arrival.

20 Cruise Ship Permit conditions

27 A person operating a horsedrawn vehicle under a Cruise Ship Tour Permit must

(a) only transport passengers who have reserved in advance for the tour,

(b) use the route approved by the Director of Engineering,

(c) only load passengers disembarking from a cruise ship at the location commonly known as Ogden Point, and

(d) immediately produce the permit for inspection by a Bylaw Officer or police officer upon request.

PART 6 – HORSEDRAWN VEHICLE SPECIAL EVENT PERMITS

Special Event Permit applications

28 (1) Despite sections 3(1) and 23(1), a person may use a horsedrawn vehicle to transport passengers for a special event if the person holds a valid Special Event Permit issued by the Director of Engineering for that horsedrawn vehicle and that event.

(2) A person must apply for a Special Event Permit to the Director of Engineering at least 24 hours in advance of the event for which the permit is to be used.

(3) The Director of Engineering may issue a Special Event Permit if the applicant for the permit provides the following information:

(a) if the applicant is not a sightseeing vehicle licensee, proof of valid liability insurance against any claims arising from the ownership or operation of the sightseeing vehicle in the amount of at least $5,000,000,

(b) the time and date of the event,

(c) the nature of the event,

(d) the type of horsedrawn vehicle to be used, and

(e) the vehicle’s proposed route.

(4) An applicant must pay a $15 application fee for each Special Event Permit.

(5) If the operation of a horsedrawn vehicle under a Special Event Permit could reasonably be expected to result in traffic congestion, to interfere with access to or from a street, or to interfere with public safety, the Director of Engineering may

(a) request that an alternative route be used, or

(b) if an alternative route is unavailable because of similar concerns with traffic congestion, street access, or public safety, refuse to issue the Special Event Permit at the time and date proposed.

Special Event Permit conditions

29 A person operating a horsedrawn vehicle under a Special Event Permit must

(a) only transport passengers who have reserved in advance for the event,

(b) use the route approved by the Director of Engineering,

(c) not load, unload or transport passengers within James Bay

(d) cause any excrement dropped by a horse used in the operation of that horsedrawn vehicle to be immediately removed from the street and lawfully disposed of, and

(e) immediately produce the permit for inspection by a Bylaw Officer or police officer upon request.

Bylaw current to March 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.

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