COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON STREETS AND SERVICES - - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, May 18, 2003 10:15 a.m. - - - - RESOLUTION 040105 - Resolution authorizing City Council's Committee on Streets and Services to hold public hearings to investigate the mistreatment of animals by the carriage industry within the City of Philadelphia... PRESENT: COUNCILMAN FRANK DICICCO, Chair COUNCILMAN JUAN RAMOS, Vice Chair COUNCILMAN DARRELL L. CLARKE COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAIL A. NUTTER COUNCILMAN RIZZO - - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 I N D E X RESOLUTION 040105 PAGE CARMEN PARIS, Health Dept.......... GEORGE STEM, Philadelphia Animal Care and Control Association.... 14 EDWIN GOLDSMITH, Esq, Philadelphia Carriage Company................ 30 BASHIR AHMED, Phila. Carriage Co.... 33 ED SPARKS, Old City Carriage Co..... 43 MARCELLA SPARKS, Old City Carriage.. 43 WILLIAM FERARRO, Dept. of Health.... 54 KEITH RODIMER, Phila. Carriage Co... 62 MICHAEL SLOCUM, 76 Carriage Co...... 64 LINDA KRAMER, 76 Carriage Co........ 78 MARY AULL, Animal Advisory Committee 90 WILLIAM HAWKINS, Animal Advisory.... 94 PENNELLE HOPKINS, Pa. SPCA......... 107 LOU PELUSO......................... 117 NICK COONEY, Hugs for Puppies...... 124 BRIAN CANE, Phila. Carriage Co..... 130 C'ANNE ANDERSON, Callowhill Neighbors Association. .................. 140 KEITH RODIMER, Phila. Carriage Co.. 149 CASEY MCQUILLAN.................... 163 JENNIFER BOFINGER.................. 165 3 05/18/04 - STREETS - RES. 040105
Good morning, everyone. Welcome to the Committee on Streets and Services. We do a quorum. My name is Frank DiCicco. I am the Chair of the Committee on Streets and Services. In attendance today are also Councilwoman Donna Reed Miller to my right, Councilman Michael Nutter, and Councilman Frank Rizzo to my left. Before we begin, I just have a few things I'd like to say. First, because of the complexity of the City's budget hearings, Council President has scheduled several witnesses to testify this afternoon beginning at 1 o'clock. We've all been reading in the paper about the budget and tax reform bills, and it really has taken a lot of our time these days. So we're going to try to get through this morning's hearing as quickly as possible. So we have at least three hours. I want to hear from as many people as possible and to take as much time is necessary. That being said, I'd like to get started. We do have a quorum, as I said. Second, it is possible that we do 4 05/18/04 - STREETS - RES. 040105 not have the time to hear from everyone, although I do promise to do my best. The situation is beyond my control. But if necessary, I will recess this hearing and call for another hearing at a later date because I do want to hear from as many people as possible. I hope that doesn't happen, so I ask all the witnesses make your testimony concise and straightforward. If you have written testimony, please give a copy to Mr. Brian Abernathy, my Legislative Assistant, the young fellow sitting behind me, so that we can distribute that testimony appropriately. Finally, if you wish to testify but have not yet scheduled time, please give Mr. Abernathy your name so you can be placed on the list. We are here today to investigate the mistreatment of animals by the carriage industry in the City of Philadelphia as authorized by City Council in Resolution No. 23 040105. About four years ago, we began to examine Philadelphia's horse carriage industry 5 05/18/04 - STREETS - RES. 040105 and the regulations that guide it. From those initial hearings, several additions were made to the City Code: Extra fees for sanitation, specific travel routes, hours of operation, temperature restrictions, et cetera. While I recognize today and I recognized then for those of you who were at that hearing that no 9 one was entirely pleased with that legislation that was adopted. We attempted to find a compromise that would not put undue restrictions on the industry but at the same time protected the animals. And I understand that there are people who take exceptions to that legislation. There are still people who will call me from the industry saying "Could we change the temperatures. It's 92 or whatever the number we're at. Could you make it an extra degree higher? " I said this four years ago. I don't think there's a magic number. But we did what we thought was in the best interest of the animals and the industry at the time and we're going to stick with that. 6 05/18/04 - STREETS - RES. 040105 For the past few years, I thought things were going relatively well. However, after I saw the KYW news report in January, I realized that something was still wrong out there. The conditions portrayed were heinous: Horses with no water or water that was frozen. The animals were covered in their own excrement. They had little or no bedding and lived in very small stalls. Open sores covered their bodies. Shortly after that report aired, te Health Department and the SPCA visited the stable in question. From my understanding, while the conditions they found were less than ideal, the stable had not necessarily broken any law. I find that hard to believe, but I will not condemn the company without all the facts. I just want to interrupt my comments to say that Councilmember Ramos is here as well. He's a member of this Committee. Nor will I condemn the industry on the actions of one company. I know that many of these companies strive to provide the best 7 05/18/04 - STREETS - RES.
040105 care possible for their animals. Unfortunately, in this instance, I believe there was a breakdown in our City regulations mandating the care of the horses. Perhaps there were no laws broken because our laws and regulations are not strict enough. Perhaps City agencies need to be more vigilant in their enforcement of the current Code. And perhaps City agencies may have been hoodwinked. We're going to try to find that out day. I don't know. But that's why we're here, to uncover the truth. We need to hear about what conditions these horses live in on a day-by-day basis. We must look at not only the condition of the horses on the street, but the conditions of their home. And we need to examine the role of the City in maintaining these conditions. If we need new regulations, the Health Department will adopt new regulations. If we need to enact new legislation, we will introduce new legislation. We will do what is necessary to protect the well-being of the horses. 8 05/18/04 - STREETS - RES. 040105 While I said yesterday in my comments om, u interview with KWY, this is a business, it provides opportunities for people to be employed, it provides a tax basis, and it does provide an opportunity as an entertainment venue, if you will, for tourists who come to our City. So we're not here to rid the City of the horse carriage industry. Again, as I said in my earlier statement, I thought four years ago we had this matter resolved, but not for the KWY news report of a few months ago, we wouldn't be here today. So I want to proceed with the hearings and we will begin by calling Carmen Paris, Deputy Commissioner of the Health Department. Councilman Darrell Clarke is also present for these hearings.
Good morning, Councilman and Committee Chairman DiCicco and members of the Committee on Streets and Services. I am Carmen Paris, Deputy Health Commissioner. 9 05/18/04 - STREETS - RES. 040105 Thank you for the opportunity to present testimony on the status of the Department of Public Health Carriage Horse Inspection Program. Early in 2004 health and safety issues pertaining to the carriage horse industry in Philadelphia came to the attention of the Department of Public Health, the primary regulatory agency of the carriage horse industry in the City. At the time, Mr. Chairman, you requested that the Department examine the applicable regulations pursuant to Sections 10-107 and 10-108 of The Philadelphia Code, regulations governing commercial horse stables and rental and carriage horses, and proposed changes that will lead to more effective enforcement. These regulations govern health and safety aspects of commercial and carriage horse stable maintenance in operation and the operation and care of rental and carriage horses and carriages. They also provide for licensing of stables, carriages and carriage operators. The Department has performed a 10 05/18/04 - STREETS - RES. 040105 thorough reevaluation of the entire regulatory process of the carriage horse operations. In addition to the regulations themselves, the evaluations included applicable department policies and procedures relative to the enforcement of these regulations. In order to enhance its entire oversight of the industry, the Department proposes revision of these regulations and oversight policy. A breakdown of the regulations to be revised and an underlying reasoning is as follows: To assure adequate owner supervision of stables and increase the likelihood that complete and unannounced inspections can be made, increased stable staffing will be required. A responsible party will have to be available at the stable at all times and all parts of the stable must be available for inspection, including the physical structure, veterinary records and log books. Also, the stable will have to show proper ownership, lease or legal easement of this area. In order to accurately identify the horses, permanent microchips will be provided 11 05/18/04 - STREETS - RES. 040105 and embedded by agents of the Department. This microchip will enable the Department to identify and track horses, especially with those health or safety issues that should be prohibited from working. To better protect the safety of carriage users, drivers and the public, horses will be evaluated for undue reaction traffic, loud noises, and other urban stress issues before placing them into service. In addition, carriage driver tests would include an on-street evaluation. To protect the health of horses, new rules limiting their working with visible sores, maintaining drinking water, and maintaining the horse turnout areas are also recommended. In addition, recommendations are being made to add a number of agencies whose representatives will have the authority to remove horses with health or safety issues from work. The additional agencies include the Police and Streets and the National Park Service and the Philadelphia Parking 12 05/18/04 - STREETS - RES. 040105 Authority. In addition to these proposed regulation changes, several departmental actions and policy changes has been instituted since January 2004. This include the following: A large animal veterinarian has bee retained by the Department to provide examinations of carriage horses at least two times per year in addition to the veterinary examinations required stables operators. The Department's veterinarian will also be available to the Department on-call basis for any horse issues or questions that the Department's agents might have. The Department is conducting stable inspections on a quarterly basis or more frequent if necessary.
The Department has in place an agreement with the Women's Humane Society so that an agent of the society will accompany the Department's agent in any case where the animal cruelty is an issue or is suspected for the purpose of determining if the operation is in violation of the 13 05/18/04 - STREETS - RES. 040105 Pennsylvania Animal Cruelty Code. These proposed revisions to the regulations, coupled with the changes in policy that have been instituted are intended to improve the health and safety of the carriage horses to drivers and the public. We have met with and discussed these changes with representatives of the Police and Streets Departments, several units within the Department of Public Health, the Philadelphia Animal Care and Control Association, PACCA, and the National Park Service. We have also discussed these changes with you, Mr. Chairman, and your staff and will take under advisement any recommendation this Committee might have in accordance with the required procedure for initiating changes to City regulations. A final draft of the changes will be prepared for Law Department approval, Board of Health presentation and approval and submission to the Department of Records. Thank you for the opportunity to present testimony today. We will now answer any questions you might have. 14 05/18/04 - STREETS - RES. 040105
Thank you, Ms. Paris. In your testimony, you advise us that the Department will be conducting stable inspections on a quarterly basis or more frequently if necessary. Prior to the KWY News report, how often did the Department visit these stables?
Had any violations ever been cited? And could you describe what you saw when you went out to that particular stable after the KWY News report.
If it's okay with you, Mr. Chairman, I would like to ask one of the inspectors that actually went out there inspected the properties.
George Stem from Philadelphia Animal Care and Control 15 05/18/04 - STREETS - RES. 040105 Association.
S-T-E-M, George. The beginning with this before what we found there with the requirement that we need to update to, the stable wasn't BEING kept at the proper sanitation level, frozen water, not enough food being kept around.
How much time was it that passed from the time the news report was aired before the inspection took place?
What were the required fines, do you know? Could you tell 16 05/18/04 - STREETS - RES. 040105 me a little bit about the citations, what were they issued for and what were the fines?
On our level because, of the quality of the building, the way the horses look, on our level we're permitted to give a citation of $25. Four of them were issued. Also, there was a request for a cruelty officer to come in and take a look at the animals. And with the assistance of the Health Department, we were able to acquire this doctor that needed to come in and do a physical examination on these animals to certify that these animals were okay.
Have you found any other violations since you've been back?
In the very beginning there was only one horse that had a foot problem. Within the two to three weeks after we had the horse removed from the street, under veterinarian care, the horse was able to 17 05/18/04 - STREETS - RES. 040105 go back to work. Right now we're monitoring every month with any kind of problem that we're hearing about or seeing ourself. If there's anything medical, we will talk to the staff down there, please to take that horse off the street and get a medical report.
So is it safe to say that since the report and since your initial inspections that took place as a result of the KWY news report that the conditions there have improved and are now up to Code?
They're improving. They're up to Code right now, and that's why we want to continue with the type of inspections that we're permitted to do.
I just would like to add that since the reporter came to the stables, we instructed the staff to be out there at least once a month, if not twice a month. And the conditions have improved. But 18 05/18/04 - STREETS - RES. 040105 nevertheless, we have continued to provide them with any technical support or clinical support that they might need.
This question is actually for both of you. You can decide who wants to answer it. In addition to this stable in question that was in the KWY News report, have the same inspections, follow-up inspections occurring at the other stable or stables?
No, sir, there have been no significant problems in other stables.
How many stables are currently operating in the City of Philadelphia? 19 05/18/04 - STREETS - RES. 040105
With respect to the penalty phase, are these penalties comparable to other penalties associated with animals? I'm assuming we have penalties associated with cruelty to dogs and other types of animals in the City. Is it an across-the-board penalty or are there specific penalties for cruelty or other types of health-related issues for animals that are used for businesses versus animals that are used as pets or things of that nature?
With the cruelty there's no separation with the condition of an animal, whether it's used in a commercial or a private pet. If we get a complaint that any type of animal is in bad condition or there are 20 05/18/04 - STREETS - RES. 040105 medical problems, we go out for an inspection. We require another veterinarian to also be able to examine this animal. And if they back everything up, that's when we take our actions.
So the penalties associated with the animals don't vary based on commercial or pets?
Do you think, particularly in this case because this is a particular industry that, I'm assuming, makes a profit, the likelihood that these animals will be utilized obviously in a different way than your pets would that you may want to look at a different structure as it relates to penalties associated with some of the issues.
That is certainly something that we will take into consideration. We see that -- I mean, there's a difference between an animal that is at home and it's not working every day. So we will definitely take that into consideration, sir.
What's the 21 05/18/04 - STREETS - RES. 040105 current penalty?
Yes, sir. COUNCILMAN Clarke: So could it be that in a lot of cases that sometimes people think that the cost of doing business in this particular case being $25 is so nominal that there's no real incentive to do anything about the treatment of these animals, particularly given the fact that it's a profit-making entity. And if it's a pet, you get fined $25, you probably will respond to that particular issue because it's $25 out of your pocket that you will not recapture. But if you're in a business that, in fact, makes a profit, sometimes people say that's just the cost of doing business. So I would like to see if at all possible some analysis of that and possibly the need to increase the penalty.
Are there any 22 05/18/04 - STREETS - RES. 040105 provisions in the current Code for confiscation of animals if you find that the conditions are such or warranted?
With the seriousness of the complaint or the condition of the animals, yes, we will confiscate the animal through a court action.
Is that based on the number of violations or based on the on-site analysis as it relates to the condition? Is there a threshold where we determine that this horse has been mistreated so badly that the City of Philadelphia is going confiscate that animal?
There are two kind of levels that we use. Severe, we don't wait, we go right into for legal action to be taken for confiscation. If we go there and the horse is in a dirty place, is not very, very sick or anything, that's when we have to give them the order. They get about three days to straighten it out and get a medical report. After that, then we take our legal action in the court. 23 05/18/04 - STREETS - RES. 040105
Have we ever had to confiscate horses out of this particular industry?
Not yet. When they were ordered off the street, had medical done, their veterinarian would give medical reports, forward them to us. They would not be permitted in service on the street until they had that clearance from a vet.
But we've had occasions, sir, where we have been out there and we found an animal that is not suitable work and we have ordered the business owner to remove the animal from the streets, and they have done that.
Okay. I know in the instance -- it was not a particular business, but over in 31st and Master we had a number of stables, and I'm assuming the Health Department went out there along with some City relocation people and the conditions were such that a number of those horses were, in fact, confiscated.
For the purpose of all the folks that are here. Especially the Committee members who may not have been a part of the hearings that took place four years ago, during those hearings some of the recommendations that were made and I know one particular I put on the table was if a company, horse carriage company, was continually in violation of certain types of violations that their business privilege more or less would be suspended for a certain amount of time and it would be a graduated time of suspension similar to a driver's license, you know, you get points you get 15 day suspension, you get 6 and so forth. So that was part of the original -- that was in part of the original regulations or the regulations that we enacted four years ago. Am I correct?
Could you explain that a little bit for the panel so 25 05/18/04 - STREETS - RES. 040105 they all understand it? There are conditions related to the horse carriage industry that do have a distinction from other situations that would occur with a household pet in addition to the fact that it's commercial.
If I may pull out the packet. We do have a system that we have in place that there are points assessed on whatever condition that's presented. Whether it's a driver without a license or the operations aren't being presented right on the streets, the conditions aren't safe at the stables. For various reasons we can give them a CVN and a writ with so many points. If they accrue points, they can have their 18 operations suspended for a hearing, and that's 19 a hearing sent out for a court decision to be 20 made. 21
Thank you, Mr. 24 Chairman. 25 Good morning. 05/18/04 - STREETS - RES. 040105
I understand we're focused primarily on the carriage horse industry that's primarily in Center City section of Philadelphia. But I want to hear about -- you mentioned that there's only two barns. I believe if you look at Fairmount Park, you'll find other facilities that do rent horses for pleasure. I'm hoping that we have our eye on these other facilities that may be in Pennypack or may be in the Wissahickon that they are being viewed equally by the regulator, meaning the Health Department. So I would hope that that is not being overlooked. And I do want to make it clear that, I'm going to use the word alleged because there's many people that aren't familiar with horses that when they see a horse that has foaming at its mouth doesn't necessarily mean that the horse is being abused. That's what a horse does on occasion. And there are other things that can be perceived as improper treatment. The treatment that we saw the 27 05/18/04 - STREETS - RES. 040105 horses many months ago was obvious that that was beyond what I'm talking about. But I think we have to remember that a horse is a horse, and if they're being mistreated or abused, that's one thing. But if they're working and doing what they've been raised to do, that's a whole entirely different situation. And a person that's not familiar with that, they can perceive that as abuse when it is not necessarily abuse. I hope you'd agree with me.
Any other questions for these witnesses from the Committee? Councilman Ramos.
Is the answer to the question of Councilman Rizzo that you do monitor of the other stables in other parts of the City?
In the same way 28 05/18/04 - STREETS - RES. 040105 that you monitor of the carriage companies?
That response required another question. So with respect to other stables, you say you monitor the other stables throughout the City similarly as you monitor these particular?
What happened at 31st and Master? Have we ever monitored 31st and Master?
Prior to the City's involvement in the relocation efforts.
It was being handled by the Pennsylvania SPCA cruelty officers in force. They would go down three and talk with the owners of the horses down there and monitor. And then it seemed like towards a little bit before the City got involved, they 29 05/18/04 - STREETS - RES. 040105 weren't able to get access to the building and that was brought to everyone's attention and then when this process was started how we can see how we can get easement for the horses. The kennels were in terrible shape. We were able to get in there. It was just a very bad, unsanitary and unhealthy and unsafe condition where these horses were being kept.
I know we're here to talk about the carriage industry so I don't want to get too far off on the other issue, but I do need to talk to you about that situation because from my understanding that condition had been placed for a substantial period of time and it was clear that there was no monitoring or no enforcement. You're saying now it was the responsibility of the SPCA. I'm just wondering how it got to the point it got to where we finally went in there and we had to essentially confiscate horses because the conditions were so bad. I won't do that in this particular hearing because we're focused on a specific issue. 30 05/18/04 - STREETS - RES. 040105 Thank you, Mr. Chairman.
Thank you. I'd ask that you stay for the rest of the hearing in case there are other questions for you, if you don't mind. Thank you. Basir Ahmed and Ed Sparks. Good morning, gentlemen. Please identify yourself for the record. Do you have a prepared statement?
We have some documents that Mr. Abernathy would come over and pick up or I'll bring them to him. My name its Edwin Goldsmith. I am the attorney for Philadelphia Carriage Company. Sitting to my right is Mr. Bashir Amed.
Mr. Goldsmith, before you get started, is Mr. Ed Sparks here from the Old City Carriage? Would you please approach the 31 05/18/04 - STREETS - RES. 040105 witness table sir. Thank you, Mr. Goldsmith,
Mr. sparks is a totally separate company, just for the record.
That's what I'm getting at. So there actually are three horse carriage companies as opposed to the two which was testified by the Department of Health a few minutes ago.
I thought there was, but for some reason I thought maybe somebody wasn't here today. There are three companies, Philadelphia Carriage Company, Old City Carriage, and Philadelphia Trolley Works -- 76 Carriage, excuse me, which is owned by the same company. All right, thank you. Please proceed with your testimony.
Councilman DiCicco, I've sat here and listened to the testimony that was just given of the Health Department and particularly Mr. George Stem. What I have handed out here is the reports from the Philadelphia Department of Public Health and 32 05/18/04 - STREETS - RES. 040105 the SPCA which surround the time of the KWY News broadcast. I'd like to bring Council's attention to the fact that there was an inspection at the stable on January 29, which I believe was several days before the KWY News -- it should be the top document, Councilman DiCicco. You will find in the package two Health Department inspections and two SPCA inspections.
Actually, the way they're stapled together, it's the opposite. The first one is 2/2. It's the second one. Nonetheless, we know which one you're talking about.
Now, the one on January 29th was on a Thursday. I believe this inspection by the news station took place over the weekend on a Sunday. And then there was an inspection that followed by the Department of Health on the 2nd, and then 33 05/18/04 - STREETS - RES. 040105 there was an inspection by the SPCA on the 2nd and there was also an inspection by the SPCA on the 19th. I'd like to note for the record, Mr. Ahmed, if you will speak into the microphone, did you receive any fine as a result of those inspections?
Since until this moment I don't receive any fines. I don't have no 11 $25 fine. I don't have anything, just recommended to do some stuff there in stable.
That's it. If you will look at the January 29th inspection report, there is an indication -- first of all, those reports are designed by the Health Department to show the specific violations of Code. And if you'll note that with the exception of No. 10, all of these are comments which, as you will see, will be corrected in the next report. For example, No. 5 was a situation where Zak, which is the name of the horse, his stall was near a covered stairwell and it was recommended that that stairwell be covered up so there wouldn't 34 05/18/04 - STREETS - RES. 040105 be any injury to the animal. This is a situation apparently existed for quite some time. And you see from the next report there's no mention of it because it was immediately addressed. There was ice freezing over in some of the water buckets. It was a very cold night. That was addressed as well. The other things are clean bits stored -- the storing of clean bits and a note that the Health Department was well aware of Noah. Noah had been in an accident several months before, and he was recovering, sores were recovering and they suggested how he should wear his muzzle. They asked also for records to be presented. And this inspection was done by a Louis Zegius (ph), David -- the rest of his name is not indicated here. I don't know where George Zen got into this, but he certainly doesn't appear on this inspection report. I then turn Council's attention to inspection report dated 2/2/04, and the 35 05/18/04 - STREETS - RES. 040105 comments there are -- under 19, the only comment in the numbered part is "Remove or cushion holster and holders if kept in storage," it looks like. And it talks about bedding down in the comments part. Basically, there's no violation or citation in this report. Then if you look at the SPCA reports, the one on February 2nd indicates -- that report is set up to say -- this is a group of categories, physical appearance of animals, shelter available, physical condition of shelters, cages and pens, size of shelters, cages and pens, sanitation, water, tie out, bedding, heat cooling system, and attendants present. And it gives choices of three categories, satisfactory, unsatisfactory, and not applicable. In these columns satisfactory is checked in every single one except for bedding which is not checked. And the indication in the comments is "I ordered better bedding. Not enough bedding in storage for all stalls. I also advised on coils for the water buckets 36 05/18/04 - STREETS - RES. 040105 and to prevent freezing. I inspected the hoof of the horse in question and found that it was shaped for the shoe it was wearing and approved it was not infected."
Mr. Goldsmith, sorry to interrupt your testimony. We have a copy. Could you get to the heart of what it is you want to express to us today?
The heart of it is, when you look at these reports, and that's why I wanted to put them on the record, the reports indicate, notwithstanding the journalistic efforts of KWY and a camera man who literally broke into this stable at midnight on a Sunday without permission and under false pretenses, notwithstanding that activity, when the facts came out and when these stables were inspected, they were found -- there were some minor problems, but by and large and very much by and large, the SPCA found and the City inspectors found that there were not serious problems here. So what my client is concerned about is, is that he's been subjected to a journalistic rampage here 37 05/18/04 - STREETS - RES. 040105 that is uncalled for given the facts. I have a veterinarian present and he will be prepared to testify to indicate that the findings of the radio station unschooled in horses and stables were just incorrect.
Well, I appreciate your comments and I appreciate the fine work you're doing in representing your client. So that you understand, it was certainly my intention to have their hearings based on my non-professionalism. I'm not a veterinarian. I did see KWY, that news report. And as a layperson, what I saw, in my opinion, led me to believe that there were some inadequacies and that the stable was not up to satisfy code based on the hearings that I conducted four years. We can argue whether that's true or not. And you do have some facts that would counter those accusations. KWY decided for whatever reason -- I suspect someone probably alerted them to the conditions up there. I don't think a camera person just decided to go out night and go 38 05/18/04 - STREETS - RES. 040105 into a stable. Someone had to make a call. Someone had to alert KYW about conditions that he or she believed at the time were not conditions that were desirable for the health and safety and the welfare of the animal or animals. I don't know who that person was. That person didn't call me. However, I do get calls from time to time from concerned citizens in my district about the condition and the care or lack of care for the horses that are part of the horse carriage industry. And generally, what I will do is call up the company, the manager of the company and report it or I'll give it to the Health Department and they go out and do their job to the best of their ability. I'm not here today to point a finger at just Mr. Bashir. This is a hearing to talk about the horse carriage industry as it applies to the three companies that operate in the City of Philadelphia. Mr. Bashir, unfortunately, was the horse carriage company where a news reporter, a news team went out to investigate. And, again, probably based on a 39 05/18/04 - STREETS - RES. 040105 tip or a complaint. We're not judges up here. We're going to do what we think is in the best interest of the industry because we're all saying that we want it to thrive. I know there are a number of people out there and there's a lady in the back with sunglasses who I don't recall her name who walks her dog past my house in South Philadelphia a couple times a day, and she made sure she reminded me, it was either Friday or Saturday of last week, that she and a number of other people who work in this industry live in my district. And I understand and appreciate that. It employs people. All we want to do is make sure that these animals get the best possible care and are treated humanely and that the business code continue to operate in the City. Again, I didn't pick up the phone and call KWY and say, "Go out and look at this stable." It just happened to be for whatever reason. And if you have an issue with KWY, I suggest you take it up with them. But we're here to look at the regulations we did four years ago ans see what we can do today to 40 05/18/04 - STREETS - RES. 040105 tighten those regulations up so that we can prevent these reoccurrences, if you will, of the conditions that I saw and many thousands of other people saw that night. And it could have been only that one time, that one incidence, it may have only been a weekend. I don't know. I don't know. But we want to prevent that from happening again. So we're not prosecute your client.
Councilman, I appreciate what you're saying and I understand, having sat in your position in suburban district. I understand that it is important, that the paramount duty is to protect the health, safety and welfare of the inhabitants and the animals and everyone and every beast who lives in the confines of the City of Philadelphia. I understand that. I understand the importance of this. My only point was that I wanted to dispel what I considered after reviewing the documentation here to be the far flung and I'd say journalistic license of KWY in doing what they did here and pointing out this particular 41 05/18/04 - STREETS - RES. 040105 carriage company. We don't know who instigated this, whether this was a neighbor, it could have been a competitor, it could be anybody. We don't know the answer to that.
It could have been a former employee who mistreated horses who got fired. As we all know, we can take a camera and go into a stable and zero in on some manure that's on the floor. It doesn't disappear instantaneously. That's the only point we're trying to make here. Certainly, we want to see that horses are treated properly and treated well, and Mr. Bashir would agree with that and Mr. Bashir Ahmed would agree a hundred percent with that. Is that correct?
So from that standpoint, we welcome inspections and whatever you certainly will be glad to work with Council in forming any additional 42 05/18/04 - STREETS - RES. 040105 regulations that are appropriate in that regard. We want to see that all carriage industry treats their animals properly. As an animal lover myself, I would find it absolutely abhorrent to injure any animal or mistreat any animal.
And we appreciate that. Also, just one more to remind you we have an obligation here that the folks who work for the Department of Health are charged with monitoring these situations and doing the best job that they can. There are a whole host of things that the Health Department deal with on a day-to-day basis throughout this large City of ours. And I do appreciate the work that they do as well. And, again, this is just an opportunity, I think, to put on the table some issues and maybe some changes in the code or regulations that will prevent us from having to have another hearing again in the future, and life can go on we can all live our lives and the horses can do what they do and life goes on for them as well in the best possible 43 05/18/04 - STREETS - RES. 040105 condition. Mr. Sparks, do you wish to testify? Please identify yourself for the record.
My name is Ed Sparks and I'm owner of Old City Carriage. I have my wife here. We wanted to talk about some issues about the regulations. Can she come up?
Yes, she can. Good morning. Please state your name for the record.
I really think that Councilman Rizzo did hit on an issue about whether what we see could possibly look different than what someone else sees in the horse industry. I think that we need to regulate exactly who is looking at the condition of the horses. I think what the Health Department did say was that they're going to have a vet do more inspections, and I think that that is the right way to go. I 44 05/18/04 - STREETS - RES. 040105 think that we've had some inspections quite possibly done, we need more horse men, you know, people that have been in the industry for 30 years or longer and they know what they're looking at. I think at some point, like he said, we may look at some things, for instance, a foamy horse or a horse that is thin but may quite possibly be thin because of age. If I look at it, it may look to seem that it is not proper. If a vet or a horse person looks to see, he may find that there's a different cause. So I think that that's very good way to go and that's one of the things that I did want to say. I also think that some of -- the main purpose here is for the animals. The second purpose here is for businesses of Philadelphia, as what you have said. And I think that we need to help the carriage industry perform better but also not limit them. I think that at some point you are limiting them especially with time changes. I know that we need to make sure that the time for traffic coincides with the Streets 45 05/18/04 - STREETS - RES. 040105 Department, and I agree with that. But I do feel that we need a little bit more time maybe at the end of the evening. A person goes out to dinner and has a dinner and a carriage ride, it has to be done by 10:30 at night. I think that maybe if we extended a little bit of the time frames, we may be giving a little more business to the carriage companies and the City. I think that there should be some kind of Committee that we can accept people who know what they're talking about as far as the horse are concerned and that we can agree upon rules and regulations. In the past, I think I think some of the rules and regulations were made but they were just made and that was it.
I have to disagree with that. There have been extensive conversations that have taken place over the last five, six years -- and I see Mr. Stem shaking his head -- probably more hours that I care to remember that I have spent on issue. Not because I don't think it's important but 46 05/18/04 - STREETS - RES. 040105 that's the reason I did it, obviously, because it is important. There have been numerous, numerous meetings and discussions from people in the industry, the Health Department, my office, L&I, the animal rights activists to try to come up with a set of rules that speak to some of the issues that you just addressed, the time, the routes, and things of that nature. And I said back four years ago that at the end of that hearing people were going to walk away dissatisfied. It's an impossibility for us to make everybody happy as Councilpeople, no matter what we do, whether it's the horse carriage industry or anything else. There are always people who will feel that it should have been done differently. So I made a decision four years ago that what we put in place then would be in place. We've had some issues that have come about recently. Whether they are justified, whether it just happened to be that one night or one weekend that these conditions existed at this one particular stable, I don't know. 47 05/18/04 - STREETS - RES. 040105 But I can tell you for as many people who have written me in the last week to tell me how wonderful Mr. Bashir's company Philadelphia Carriage company is and how great the horses are treated, I get just as many call from people who say that they don't like the way these horses are being treated while they're out in the street. So I'm not going to spend my entire life standing out there to try to police it; it's impossible. So we leave it up to the people who are in charge, the Health Department, the Department of L&I, and the industry to try to figure out how this thing can work to the best ability for everyone, notwithstanding that there are some people who are going to want a little bit more, change the time, make it later, make it earlier, move the temperature up, move it down. There is no 20 -- I don't think there is a magic number -- and I said this same thing four years ago -- in any of these issues that will make everybody happy. So we did what we thought was best. We did a compromise, if you will, because that's the best that we can do 48 05/18/04 - STREETS - RES. 040105 sometimes is to try to figure a compromise. So when you talk about a committee, there was a committee. It's not a bona fide committee of sorts, but it is a Committee made up of people from all the groups that I just spoke of who have come together to talk about this issue. And it's a continuum. You can continue it. If you have issues, you should get together with the other two companies, call the Health Department, I'm the Chair of this Committee, I will spend as much time as I can to give to you to talk about these issues. But at some point, we have to make a decision. You may not be happy with it, but we will hear you, listen to you and try to make adjustments where we can. But at some point, again, you may not be pleased with the final result. But we have spent hours, hours upon hours upon hours. The last meeting I had with the Health Department and the Commissioner of the Department of Health probably lasted at least an hour and a half in a conference room on the 3rd floor in addition to the phone calls that I have made, my legislative assistant has made 49 05/18/04 - STREETS - RES. 040105 and all the e-mails that go back and forth. Countless hours are being spent on this. So everybody has to pull together, no pun intended, to make this work.
I think you're absolutely right. I think that we should as the carriage companies we should be heard too.
If you have recommendations, Mr. Slocum periodically sends me a two, three-page letter explaining to me his concerns about some of the things that you raised and what he would like to see changed.
Thank you, I think. But thank you for your testimony. Any questions for these witnesses from the Committee? Councilman Ramos.
You made reference to -- and correct me if I'm wrong, but I believe you made reference to phoney horses, is that so?
Foaming from the mouth or quite possibly around where the bridle is because they've been working. Same thing that Councilman Rizzo had stated.
I thought I heard "phoney," and I asked the Chairman, what's a phoney horse.
Thank you for clarifying. 51 05/18/04 - STREETS - RES. 040105
Any other questions for these witnesses? Councilman Clarke.
Thank you, Mr. Chairman. I just wanted to reference one of the reports, it's actually the January 29th report. Two of the issues, inadequate heating. The inspector showed it was inadequate heating based on a bucket of water being frozen. Was that due to the heating system or what? Can you be more specific about that? Or maybe you want to respond.
When they came to stable, they found just -- it's very cold, you know, January, it's very cold weather. In any stable you get in that time, you can find after 20 minutes the water in the bucket just turn ice. And the horse if he want a drink, he can go get inside the bucket and drink. And usually what we do few times a day we make sure the horse drink, take the ice, the very 52 05/18/04 - STREETS - RES. 040105 thin ice in the top of the bucket, remove it from there, we put fresh water. And when they said they have horse dirty water, most of horses they like to pick up the hay, put bucket to make it wet to eat it. Always the bucket is dirty because the hay inside the bucket, they like to make it wet. We change all the time --
Is there a minimum requirement in terms of the heat in a stable.
What we can do also, we can like heater, like stick put in there, the coil and we can heat.
My question and maybe concern, if the it's cold enough in the stable that the bucket of water is going to freeze, I'm assuming that it's cold throughout the stable, not just in the bucket. My question centers around whether or not it's too cold for the horse to --
Naturally, the horse, they love cold. Cold doesn't affect him at all. 53 05/18/04 - STREETS - RES. 040105
Can I ask the inspector from the Health Department to come up also.
I don't think there's no minimum requirement for temperature.
I think want to clarify something. It's just a thin layer of ice.
I'm go to need to ask since everyone keeps talking, please identify yourself every time you speak so the record is clear.
Attorney Goldsmith. I just talked to my client. I think the Sparks will agree. This is very, very thin layer of ice. This is not a frozen solid bucket. It's just ice that forms on the very outer edge. And as I heard the testimony here, the horse sticks his whole head into the bucket. This is not the way we drink water, this is the way a horse drinks water. The 54 05/18/04 - STREETS - RES. 040105 horse's head is not clean, the water gets dirty, they have to change the bucket constantly because of this.
I think the question my colleague is -- maybe the Health Department needs to address this. Is there a temperature requirement that the stables need to be kept at? Could someone from the Health Department address that? I know a little bit about this from four years ago that some horses prefer colder weather compared to others that's a different species. It was even suggested four years ago that some horses you would never put a blanket on no matter how cold it may be if the horse is working because it causes it to sweat. And there are other horses that you may decide that may need to put blanket on. So we just need to know about the stable area. Is there a requirement for a temperature, high-low temperature, what-have-you at a stable?
William Ferraro, vector control services for the Philadelphia 55 05/18/04 - STREETS - RES. 040105 Department of Public Health. There are no 3 regulations. We've searched nationwide for temperatures of a stable. The reason is, horses can pretty much tolerate it. If it's cold, they use blankets and actually, according to Penn State and their equine school, they really don't think that they should be heated. However, the water condition has been an issue. And this past winter being so cold, our revision of the regs are going to require some way to keep the water from freezing over, whether mechanical coil or something to prevent the water from freezing because as what happened at 31st and Master, that water there was frozen over when we found that one.
All right. You learn something new every day. With respect to the sores on the animal, one of the animal had sores. You said it was due to an accident? Was the horse hit by a car?
We have accident, it was 56 05/18/04 - STREETS - RES. 040105 a horse. The Health Department knows about that. It was the summer in August.
Right. And the horse got hurt. The Health Department come in and they check the sore. They said don't work the horse for a month. We don't work him for three months. We don't need him. We have more horses than what we need. Everything is healed. Nothing wrong with that. When they come in, they try to find anything there in my place, so they mentioned about the horse sore. They check that horse, the one got hurt in August, they find him he's okay.
Is there a requirement when a horse gets hit by a vehicle, do you have to report it to the Health Department?
Yes. They come in, they check and they find sore there, yes. But 57 05/18/04 - STREETS - RES. 040105 everything is okay after that. He was fine.
Because there was some concern about the capability of some of the Health Department employees, is a veterinarian called in?
Yeah. We have technician over there and they come and check and told me what to do. At the same time, I called my vet. The horse is in good shape, there's nothing wrong.
What role does the Health Department play in that in the event that there's an accident, a horse gets hit? Do you simply leave the responsibility to the stable owner?
Not totally to the responsibility of the owner. We respond to an incident on the street if the horse is in an accident or had fallen in any way, the animal -- we go down and check. If the animal can get up and move around okay, their horse is returned to their stable. They have to get their veterinarian to give a physical inspection of the animal. 58 05/18/04 - STREETS - RES. 040105
Yes. If they don't provide it within -- and we've talked to this with other ones. If they can't give us a report to us within a certain time, within two to three days, we bring our vet down.
That's a follow-up for the report that the animal has to stay out of service for a week or two weeks or the animal is okay.
Is there a reexamination period where the vet will give periodic reports on the condition of the horse and its improvement?
Yes. There's continuous check by the doctors. Some of the horses I've been working with, the stables right now, the first inspection and the doctor will come back 59 05/18/04 - STREETS - RES. 040105 and give a re-certification that the animal suitable for service, in writing.
Thank you, Mr. Chairman. America's most biggest athlete is a guy named Smarty Jones. And I think that what's good for Smarty Jones should be good for Zak. Smarty Jones likes to eat hay, oats and carrots. Can you guys tell me what you feed -- we know you give them water to drink. What do you feed them?
We feed him hay and we feed him oats and corn and butter all mixed together. Carrots, we don't have to really, just for treat. And apple, the same thing.
Is that because it's too expensive? You say you don't have to. My wife doesn't have to cook steak for me, but sure would like a steak once in a 60 05/18/04 - STREETS - RES. 040105 while and probably more often what I should consume.
The horses, they need just really hay, that's it, that's what need and water. Feed really is not required. It just give him energy in the wintertime.
I hear. I just have a concern about this required stuff. I am required for me to stay alive to have some proteins and vitamins in my system, but it is good for me also to consume other type of nutritional foods to be able to feel stronger, to walk longer, run longer. I know what you're saying. I respect of you're saying. I have a problem with the way -- the emphasis on you're meeting just requirements. Will your horse be a healthier horse if you fed him the diet that Smarty Jones has of hay, oats, and carrots?
No. We give him hay. That's good that's good enough for the horse. Whatever we give, that's extra from us
Because one of the complaints -- one of the things that I've 61 05/18/04 - STREETS - RES. 040105 heard and I saw on KWY that some of the horses looked exhausted and tired and undernourished. And I know that sometimes you need some proteins in my body after being around with Councilman DiCicco here in this City Council and spending hours and hours in public testimony that I need to get away and get some proteins into my system. I don't want to -- I live near a carriage house and I drive by there a lot. And it was only after I took a look at the KWY report that I stopped by to take a close because when I drove I really didn't see anything wrong from my view of my car. But then I stopped, and I stop occasionally and just look in there. I have not gone into the stable. I've gotten out of the car and gotten close to the fence because I am concerned about this fine creature. So I would want to make sure that these horses are properly fed. Take a look at the Smarty Jones diet if it helps. If it helped him become America's biggest athlete, maybe we need to have the same diet applied to your horses here and our horses here in Philadelphia. 62 05/18/04 - STREETS - RES. 040105 But you know more about this industry. But to see our horses do this great job of taking our tourists all around this great City and taking them to America's historical sites is a job that is very noble. And your company, through this great beast called a horse, is doing for this City that we owe it to them to feed them right, give them what they need so they can continue to make us proud.
My name is Keith Rodimer. I'm the manager of the Philadelphia Carriage Company. In answer to about the horses get fed, we do whatever our vet recommends like how we feed them. They get fed three times a day. Once a day they get their feed, oats and grain. It's important because if you over feed them with the grain because the high protein just like us, like, we can get sick with the high protein. When you change the horses' diet or when they get too much of something, they have a tendency to get sick. 63 05/18/04 - STREETS - RES. 040105 Now, as far as the carriage and things like that, all the drivers that work for our company or the vast majority of them on the way downtown there's like a fruit stand on the way downtown and about half of our drivers stop there every day to go get carrots and they feed the carrots to them downtown, they feed them at the barn. So does that kind of answer?
Yes. You've added more to the requirement response and that your jocks actually stop by -- do they eat anything else?
The horse will just about eat anything that you give him, which is kind of -- that's it's hour responsibility to make sure that they're not eating the flowers downtown like Independence National Park, things like that.
Thank you to 64 05/18/04 - STREETS - RES. 040105 this panel. I appreciate it. The next witnesses, Michael Slocum, Philadelphia Trolley Works/76 Carriage Company. Good morning. Please identify yourself for the record and proceed with your testimony, Mr. Slocum.
Michael Slocum, president of 76 Carriage Company. I'd like to thank everybody here on behalf of the carriage industry to have this opportunity to speak on behalf of this industry. I hope that my testimony today will include some insight as to some of the problems that this industry has experienced over the recent months. I'll try to be brief. I want to outline in my testimony here today what went wrong, the current status of the carriage industry, what I feel are necessary changes to move forward. After that, I'd like to introduce Linda Kramer who is to my right. Linda Kramer is the director of operations for 76 Carriage. She's here to testify as well. Then I will be happy to field questions from 65 05/18/04 - STREETS - RES. 040105 the Committee about my testimony or any other presented here. 76 Carriage Company was founded in 1975 and was the leading provider of horse drawn carriages in the City of Philadelphia. Our reputation for the humane treatment of our horses, sound business practices, operating standards are nationally known throughout the carriage industry. 76 carriage company has always been a strong advocate of adopting nationally accepted standards for horse carriage proscribed by the Carriage Operators of North America. CONA's membership is committed to promoting the humane welfare of carriage animals, quantity care of service, and customer service. Our stable facility, which some of you have visited is a direct reflection of our philosophies and standards. Our Philadelphia-based operation employs over 125 employees working in several divisions, 76 Carriage Company, Philadelphia Trolley Works, the leading provider of sightseeing transportation and tourism in the 66 05/18/04 - STREETS - RES. 040105 City. The downtown Phlash loop and Connective Tours which is a receptive operator offering a wide variety of regional tours. Approximately three years ago, I sat before this Council testifying on the sweeping regulations that were being proposed to rein in the horse carriage industry in Philadelphia. Then as today, the hearings were a direct result highly publicized mistreatment and abuse of some of Philadelphia carriage horses and created, in my opinion, some additional financial hardships. In my testimony today, I hope to address the regulations of 2001. I feel this is necessary because they are extremely relevant to the current situation. 76 Carriage Company certainly recognizes the need for meaningful legislation which addressees the real issue concerning the horse and carriage industry. There are those issues which have the greatest impact of the welfare of the carriage horses. Effective legislation would only be achieved by providing standards for the care and treatment of the carriage 67 05/18/04 - STREETS - RES. 040105 horse and management of the stables in which they live. There are currently many existing laws and regulations governing this industry which impede our ability to operate yet previously few that regulate the care of the horses. Recently we have seen that existing legislation is not only cumbersome, but does not address the care of the horses and at times is inadequately enforced for a variety of reasons. My hope today is that any future regulations are geared toward the well-being of carriage horses and together we can repeal some of the sections of the 2001 regulations which has made Philadelphia an unfriendly carriage City in America. I'd like to touch a little bit what went wrong. It is my belief that this was a combination of several factors, including the misconception that over regulating the activities of the carriage horse industry out on the street would help correct these problems, the welfare problems of the horses. 68 05/18/04 - STREETS - RES. 040105 The lack of concern for barn and living conditions which address the overall welfare and well-being of animals days a week, 365 a 5 year, and selective enforcement by personnel 6 with little or no equine experience.
7 The 2001 regulations failed because the City Council and Health Department sought to regulate the carriage industry by regulating our activities on the street where the horses are visible to the public. Regulations were adopted which were not supported by scientific or quantitative evidence to support them. And certain Council decisions were swayed by external influences from uneducated, ill-informed, or agenda-motivated personnel. Stringent and severe regulations were adopted which resulted in the following changes to the carriage operations. We have extreme route restrictions, a 40 percent reduction in operating hours, most of which occurs during the busiest hours of the day, elimination of carriage pickup and drop-off points, and the reduction of 69 05/18/04 - STREETS - RES. 040105 temperature limits and imposition of a wind child limit. These new temperature limits coupled with in some cases overzealous enforcement by anyone with the badge, including not limited to Philadelphia Police, Independence National Historical Park rangers, Health Department staff, have resulted in many days when horses were sent home needlessly. Despite repeated requests, carriage operators were given no guidance as to how the official temperature is determined. Licensing fees were drastically increased, yet licenses are rarely received in a timely fashion if at all. This often results in carriages being sent home or ticketed on busy weekends when PACCA is unreachable to verify valid licensing. The current Health Department guidelines which interpreted City Council's 2001 regulations, also include provisions not included in the regulations. These include carriage lighting requirements, and the need for a carriage driver to possess a Pennsylvania motor vehicle license. These 70 05/18/04 - STREETS - RES. 040105 provisions are in direct conflict with PennDOT regulations yet resulted in numerous federal citations and carriages being sent home by Independence National Historical Park rangers. While every effort was made to impede carriages from operating, few changes were made to improve the care and treatment of the carriage horse. The horse regulations which were adopted have rarely been enforced by PACCA. Some of the proposed items such as leg banding and the banishment of head checks not illustrate their enforcement and lack of equine knowledge, but could danger and/or cripple a carriage house. How can this industry move forward? The Philadelphia carriage industry can only move forward in a positive direction if it addresses certain over-regulation of these issues and lack of adequate horse care requirements through regular inspections by equine educated personnel. I propose the following ideas for Council's consideration: Stable management program. All commercial stables operating within the City 71 05/18/04 - STREETS - RES. 040105 of Philadelphia shall provide the City with a comprehensive stable management program. This program shall contain at least the following elements: Feeding program. A detailed feeding program and schedule which will include the type and quantities of hay, grain, supplements fed to each horse. And I'd like to use this as an example because a few minutes ago I heard testimony about Smarty Jones and the diets of these animals and these horses. About two months ago, I guess, or soon after the KWY story broke, I was at the stable and the Health Commissioner approached our stable. He asked for an inspection and he wanted to walk through. " I found myself rambling on for about 30 minutes as to what we feed and how we feed. There really is no simple answer. Education is a big part of this determination. To be able to identify the types of hay, the quality of hay, the use of 72 05/18/04 - STREETS - RES. 040105 supplements, the grains that we use, what protein content, how many times you feed it. There are many, many factors that are involved.
One basic factor would be the age of the horse, the time of the year, what time of year it is, how many hours working. It's just like a person. There's no set prescribed way to say that this is a hardcore feeding program. Councilman Ramos, you brought up Smarty Jones. I've been in the carriage industry for about years and I grew up 14 around horses all my life. I would not 15 attempt to try to regulated Smarty Jones' diet 16 at this point. I don't know that type of 17 horse. I don't know exactly what his 18 nutritional requirements are. In time I could 19 figure because I would gauge the horse and his 20 physical stamina and whether or not he was 21 gaining weight or losing weight or 22 maintaining. But it's different from one 23 aspect of the horse industry to another. 24 Therefore, it is extremely important that any 25 owner, manager, and/or regulatory official be 73 05/18/04 - STREETS - RES. 040105 knowledgeable of the type of hay, the quality of hay, the types of grains that are used and what that feeding program is. I just wanted to set that aside as an example because that was brought up here. I'd like to get back to some of the details which should be included comprehensive stable program which should be submitted prior to anybody receiving a commercial stable license. Daily schedule of barn duties which address the cleaning and proper bedding of stalls, clean water buckets and water tubs. Provide a routine farrier care for each horse, ability to supply fresh water to each animal, a program to provide routine veterinary care for the horse. This would include evidence of worming and dental programs. Frequent inspection of stables to include every aspect. Adequate stall size, bedding, proper ventilation, by educated enforcement officials familiar with the carriage horse drawn industry. And adequate turnout or exercise facility. 74 05/18/04 - STREETS - RES. 040105 Carriage company shall establish a written training program for new horses. An emergency evacuation program posted and on file. All commercial stable operators must allow City officials to inspect their stables within hours notification. 8 All commercial carriage operators 9 shall provide the City of Philadelphia with a 10 copy of their carriage driver training 11 program. This shall include the following: 12 Hands-on training under the guidance of a 13 knowledgeable supervisor or trainer which 14 includes training and demonstration of the 15 following skills: Proper grooming technics, 16 hoof care, the ability to harness a horse 17 properly, name all of the parts of the harness 18 and the functions. Carriage drivers shall 19 know how to clean and properly inspect harness 20 for wear, historical tour guide training, 21 safety training, customer service training, 22 dress codes, training verification. Horse 23 drawn operators shall proof that all licensed 24 carriage drivers have received the proper training before they operate a horse-drawn 75 05/18/04 - STREETS - RES. 040105 carriage. This may be done by written or oral examinations. The imposition of the above regulatory issues should be coupled with the revision of the most erroneous of the current regulations. m. on restricted routes which do not allow travel to or from stables on arterial streets. Carriages may operate on legal holidays with no route restrictions. m. The temperature restrictions: Carriages must return to the stable when the temperature exceeds 93 degrees Farenheit. The official temperature broadcast on KYW News Radio. No cold water whether restrictions or none lower than a limit of 20 degrees 76 05/18/04 - STREETS - RES. 040105 Farenheit. Health Department Rules: Carriage drivers must have a valid photo identification. Carriages must have rear flashing lights when moving between sunset and sunrise. 76 Carriage Company has offered some fair compromises to propose legislation and existing legislation.
Our proposals address the current issues surrounding our industry and will provide us an opportunity to operate responsibly and successfully. Carriages are certainly not only an attraction for tourism in Philadelphia, they play a large role in the local tourism industry and in the current zeal to help new operators to launch into Philadelphia's tourism scene, the carriages have been asked to compete with unfair restrictions. For over 28 years, 76 Carriage Company has been accessible, informative, dependable, and have grown to become a part of Philadelphia historical image. My personal opinion, which is shared 77 05/18/04 - STREETS - RES. 040105 by many of our supporters, it would be a tremendous loss to the City and its growing tourism industry if in fact the carriage industry could not survive due to excessive regulations. The proposed compromised solutions I have offered to this Committee today are not from point of which to negotiate but rather a bare minimum that I feel necessary to operate a quality horse-drawn carriage business such as 76 Carriage Company. Two other points I'd like to make in summary. When it comes to abuse or mistreatment of animals, number one, you cannot hide that. When you look at an animal, I don't care if it's a horse on the street, a horse in someone's backyard, a dog or a cat in their home, if the animal looks like it's abused, if it looks like it's mistreated, most of the time, that animal is mistreated. You cannot hide those facts. It doesn't matter what time of day or night or what time of year it is. I hope that Council values the 78 05/18/04 - STREETS - RES. 040105 testimony and the input of the industry. I consider myself to be a well-respected carriage operator, understanding all aspects of safety, healthcare. At this time I'd like to turn this over to Linda Kramer who will testify in regard to some of the regulations and also some of the current issues that are out there, and then we'll open it up for questions. Thank you.
Thank you for allowing me to speak today on behalf of the carriage industry in Philadelphia.
Linda Kramer, K-R-A-M-E-R, director of the operation, 76 Carriage Company.
I testify today in my dual role as operations manager at 76 Carriage Company and as the vice president of the Carriage Operators of North American, CONA, whose mission is to promote the welfare of 79 05/18/04 - STREETS - RES. 040105 carriage animals with an emphasis on continuing education that focuses on safety, animal health, and customer service. In the three years since the adoption of the 2001 carriage regulations, I have witnessed the decline of the carriage industry in Philadelphia during a period when local tourism was on the increase, newly established Philadelphia tour operators are given carte blanche and the national interest in horse-drawn carriages is at an all-time high. Adding to my mounting frustration is the sense that no matter how diligently my staff and I strive to operate one of the largest carriage companies in North America, the survival and economic future of 76 Carriage is largely determined by the actions of other competitors in which we operate. Together, Mr. Slocum and I have over 50 years of horse experience, and yet we continue to educate ourselves in the latest healthcare, dietary, and disease prevention information available. We achieve this by 80 05/18/04 - STREETS - RES. 040105 attending continuing education programs and national equine conventions, maintaining membership in national equine and carriage industry groups, such as CONA, the American Horse Council, the Carriage Association of Americal and the Animal Welfare Council. As vice president of CONA, I serve on both the education and safety committees as well as our experts forum. Amongst my industry peers, I am held in high regard as a carriage industry expert and leader, whereas in my own city I'm often treated as a pariah who must try to stay one step ahead of the regulators to remain in business. These last three years have been the most frustrating in my 31 years of horse ownership. 2 billion industry and home to over 215,000, including Smarty Jones and the nearly 1,000 horses that live within the City of Philadelphia. According to the Horse Power report, the carriage companies add to Philadelphia's heritage with horses driving through the City 81 05/18/04 - STREETS - RES. 040105 streets. In 2004, the horse and carriage industry in Philadelphia is at a crossroad. The industry is crippled by stifling operating regulations that are sporadically enforced and, therefore, hinder only those who voluntarily comply. Yet they have failed to address the welfare of the very horses that the regulations sought to protect. The fate of the 76 Carriage Company will depend on the actions that City Council and the Health Department take in response to the now infamous stable of shame report. I believe that City Council has the unique opportunity to correct the problem caused by the 001 regulation and develop meaningful guidelines for current and future carriage companies. In order for any new legislation to be successful, it must allow to reputable carriage operators to compete fairly in the tourism market and must address the welfare of the horses. According to the American Veterinarian Medical Association, animal 82 05/18/04 - STREETS - RES. 040105 welfare is described as a human responsibility that encompasses all animals' wellbeing including proper housing, management, nutrition, disease prevention and treatment, responsible care, humane handling and when necessary, humane euthanasia. This should be the guidelines by which all future carriage regulations are modeled. Since the closure of Society Hill Carriage Company, 76 Carriage Company has tried unsuccessfully to improve the carriage industry in Philadelphia. We even took the unprecedented step of giving our main competitor, Philadelphia Carriage Company, our training manual in an effort to educate their management and drivers. Unless required, it is clear that not all carriage operators or horse owners will place the wellbeing of the horses above economic gain or other non-welfare issue.
Before I begin to address the regulatory issues and difficulty in complying with the cumbersome and lengthy carriage regulation, I would like to state that 76 83 05/18/04 - STREETS - RES. 040105 Carriage Company now finds itself in a difficult position of having to offer testimony which at times will not be positive regarding the people who will enforce the future carriage regulations. We would much rather be a willing participant in approving the industry rather than being placed in an adversarial position of the regulator versus the regulated. During the last three years, carriage regulations have been enforced in any of three categories: Zealously, sporadically, or not at all. It seems that everyone with a badge is now a horse expert and feels the empowered to impart their expertise and enforcement capabilities upon the horse and carriage. The Department of Public Health guidelines enables any police officer, Health Department officer or Independence National Historic Park ranger to issue citations to carriage operators. This leaves carriage operators prey to a variety of interpretations of each regulation. An example of this would be the temperature regulation -- 84 05/18/04 - STREETS - RES. 040105