NYC ADMINISTRATIVE CODE
TITLE 17 – HEALTH
CHAPTER 3 – LICENSE PERMITS
SUBCHAPTER 3 - RENTAL HORSE LICENSING AND PROTECTION LAW
(17-326-17-334.1)
§
17-326 Definitions. Whenever used in this subchapter the following terms
shall have the following meanings:
(a) "Person" means
an individual, partnership, corporation, association or other legal
entity.
(b) "Veterinarian"
means a person licensed to practice veterinary medicine in the state of New
York.
c) "Work", a horse is
considered to be at work when it is out of its stable and presented to the
public as being available for riding, pulling carriages, vehicles or other
devices, or when it is saddled or in harness or when it is being ridden or is
pulling a carriage, vehicle or device.
(d) "Owner" means the
owner of a horse which is required to be licensed pursuant to this
subchapter and the owner of a rental horse business in which such horse is used.
(e) "Riding horse" means a
horse which is available to the public for a fee for the purpose of riding.
(f) "Carriage horse" means
any horse which is used by its owner or any other person to pull any vehicle,
carriage, sled, sleigh or other device in exchange for a fee. A horse rented or
leased by its owner to another for any of the foregoing purposes shall be deemed
to be a carriage horse for the purposes of this subchapter.
(g) "Rental horse
business" means a business enterprise which provides or offers the use of a
horse to the public for a fee for the purpose of riding or drawing a horse drawn
vehicle or which operates a horse drawn vehicle for hire such as a horse drawn
cab.
(h) "Rental horse" means a
horse which is used in a rental horse business.
(i) "Under tack" means
that a horse is equipped for riding or driving.
(j) "ASPCA" means the
American Society for the Prevention of Cruelty to Animals.
(k) "Stable" means any
place, establishment or facility where one or more rental horses are housed or
maintained.
§ 17-327 License
required. a. On and after January
first, nineteen hundred eighty-two no person shall use or offer the use of a
horse in a rental horse business unless such horse is licensed pursuant to
the provisions of this subchapter. For purposes of this subchapter the use of
a horse in a rental horse business means that a horse is used or offered for
use by the public for a fee for the purpose of riding or drawing a horse
drawn vehicle or is used in the operation of a horse drawn vehicle for hire
such as a horse drawn cab.
b. A license shall be
issued for a term of one year from the date of issuance thereof and shall
be renewed prior to the expiration of such term.
c. The annual fee for a
license or the renewal of a license shall be twenty-five dollars.
d. Application for a
license or the renewal of a license shall be made to the department of health
and mental hygiene. Such application shall contain the name and address of the
owner of the horse and of the owner of the rental horse business in which such
horse is to be used if such person is not the owner of the horse, the age, sex,
color, markings and any other identifying marks such as brands or tattoos of
the horse, the location of the stable where the horse is to be kept and
any other information which the commissioner of health and mental hygiene
may require. An application with respect to a horse which is used in the
operation of a "horse drawn cab" as defined in subchapter twenty-one of
chapter two of title twenty of this code shall include the identification
number required to be inscribed on such horses hoof pursuant to the rules
and regulations of the department of consumer affairs. The application
shall be accompanied by the license or renewal fee.
e. No license shall be
transferable. Upon the transfer of ownership of any horse to a new owner, the
new owner shall obtain a license for such horse within fifteen days after the
date of the transfer of ownership.
§ 17-328
Identification tag and certificate of license.
a. Each horse licensed pursuant to the provisions of this subchapter shall be
assigned an official identification number by the department. Such
identification number shall be branded on the hoof of the horse in a manner
to be prescribed by the commissioner and shall also be inscribed on a metal
tag which shall be attached to the bridle of the horse in a conspicuous place
to be specified by the commissioner at all times when the horse is at work.
Such tag shall be issued to the owner with the certificate of license. The tag
and certificate of license shall be of such form and design and shall contain
such information as the commissioner shall prescribe. Duplicate tags and
certificates of license shall be issued only upon proof of loss of the
original and the payment of a fee of two dollars.
b. The certificate of
license shall at all times remain at the stable where the horse is kept and
shall be available for inspection by any police officer, agent of the
department and the ASPCA, or to veterinarians employed or retained by
the department or the ASPCA or employees of the department of consumer
affairs or any persons designated by the commissioner to enforce this
subchapter.
§ 17-329 Disposition
of licensed horse. The
department shall be notified of the transfer of ownership or other disposition
of a licensed horse within ten days thereafter. Such notice shall include the
date of disposition and if sold in New York city, the name and address of
the buyer or other transferee and such other information as the commissioner
may prescribe. A horse shall not be sold or disposed of except in ahumane
manner.
§ 17-330 Regulations.
a. The commissioner, with the advice of the advisory board as hereinafter
established, shall promulgate such regulations as are necessary to carry
out the provisions of this subchapter and to promote the health, safety and
well being of the horses which are required to be licensed hereunder and of
members of the public who hire such horses.
b. Horses shall not
be left untethered or unattended except when confined in a stable or other
enclosure.
c. Standing stalls in
stables shall be of a size specified by regulation of the commissioner.
d. Horses shall be
adequately quartered. Stables and stalls shall be clean and dry and
sufficient bedding of straw, shavings or other suitable materials shall
be furnished and changed as often as necessary to maintain them in a clean and
dry condition. Adequate heating and ventilation shall be maintained in
stables as prescribed by the commissioner.
e. Owners shall insure
that appropriate and sufficient food and drinking water are available for
each horse and that while working each horse is permitted to eat and drink at
reasonable intervals.
f. Owners shall not allow
a horse to be worked on a public highway, path or street during adverse
weather or other dangerous conditions which are a threat to the health or safety
of the horse. A horse being worked when such conditions develop shall be
immediately returned to the stable by the most direct route.
g. Carriage horses
shall not be at work for more than nine hours in any continuous twenty-four hour
period. Riding horses shall not be at work for more than eight hours
in any continuous twenty-four hour period. Rest periods for carriage horses
and riding horses shall be of such duration and at such intervals as the
commissioner shall prescribe, but rest periods for carriage horses shall in no
event be for less than fifteen minutes after each two hour working period, and
the time of such rest period shall be included in calculating the number of
hours the horse has worked in any twenty-four hour period. During such
rest periods, the person in charge of such carriage horses shall make fresh
water available to the horse.
h. Carriage horses shall
not be driven at a pace faster than a trot. Riding horses may be ridden at a
canter but shall not be galloped.
i. Horses shall be
suitably trimmed or shod, and saddles, bridles, bits, road harnesses and
any other equipment used on or with a horse at work shall be maintained and
properly fitted as prescribed by regulation of the commissioner.
j. Stables in which horses
used in a rental horse business are kept shall be open for inspection by
authorized officers, veterinarians and employees of the department, and
any persons designated by the commissioner to enforce the provisions of
this subchapter, agents of the ASPCA, police officers, and employees of
the department of consumer affairs.
k. An owner shall be
jointly liable with the person to whom a horse is rented for any violation of
this subchapter or of any regulations promulgated hereunder committed
by such person if the owner had knowledge or notice of the act which gave
rise to the violation at the time of or prior to its occurrence or under
the circumstances should have had knowledge or notice of such act and did not
attempt to prevent it from occurring.
l. An owner of a rental
horse business shall keep such records as the commissioner of health shall
prescribe including but not limited to a consecutive daily record of
the movements of each licensed horse including the driver's name and
identification number, if applicable,
rider's name, horse's identification number, vehicle license plate
number, if applicable, time of leaving stable and time of return to
stable. Such records shall be kept on the premises of the stable where the
horses are kept and shall be available for inspection. The
commissioner may, in his or her discretion, require a time clock, date stamp
or time stamp where such commissioner believes it is appropriate.
m. A horse required to
be licensed pursuant to this subchapter which is lame or suffers from a
physical condition or illness making it unsuitable for work may be
ordered to be removed from work by the commissioner or his or her designee or
by an agent of the ASPCA or a veterinarian employed or retained by
such commissioner or ASPCA to inspect licensed horses. A horse for which such
an order has been issued shall not be returned to work until it has recovered
from the condition which caused the issuance of the order or until such
condition has improved sufficiently that its return to work will not
aggravate the condition or otherwise endanger the health of the
horse. In any proceeding, under this section it shall be presumed that a
horse which is found at work within forty-eight hours after the issuance of an
order of removal and which is disabled by the same condition which caused such
order to be issued has been returned to work in violation of this
section. Such presumption may be rebutted by offering a certificate of a
veterinarian indicating suitability to return to work prior to the
expiration of the forty-eight hour period.
n. Every horse required
to be licensed hereunder shall be examined by a veterinarian prior to its
use in a rental horse business and thereafter at intervals of not more
than one year. The examination shall include the general physical condition
of the horse, its teeth, hoofs and shoes, and its stamina and physical ability
to perform the work or duties required of it. The examination shall also
include a record of any injury, disease, or deficiency observed by the
veterinarian at the time, together with any prescription or humane correction
or disposition of the same. A signed health certificate by the examining
veterinarian shall be maintained at the stable premises at which such
horse is located. A copy of said certificate shall be mailed by the
examining veterinarian to the department of health and mental hygiene.
o. 1. Carriage
horses shall not be worked whenever the air temperature is 18 degrees
Fahrenheit or below.
2. Carriage horses shall not be worked whenever the air temperature is 90
degrees Fahrenheit or above.
3. For the purposes of this subdivision, temperatures shall be those
measured by a state-of-the-art thermometer, as determined by the
commissioner, as measured by the commissioner or his or her designee at
street level at one of the stands designated pursuant to section 19-174 of the
code.
4. If the temperature exceeds the limits set by this subdivision during
the course of a particular ride, at the ride's conclusion, but no later than
one-half hour after the temperature exceeds these limits, the operator must
immediately cease working, move the horse to an area of shelter, where
available, rest the horse and then walk it directly to its stable. All
horses so returned to their stable must be unbridled and unharnessed and
must remain at the stable for at least one hour, and thereafter, until such
time as the weather conditions shall once again reach acceptable limits.
5. No violation of this subdivision shall occur unless a written warning
of violation is first issued by the authorized enforcement personnel to
the operator advising that the air temperature limits of this subdivision have
been exceeded and directing that the operator cease working a carriage
horse in accordance with the provisions of this subdivision. A violation of
this subdivision may be issued if an operator fails to comply with the
direction contained in the written warning of violation. Failure to comply
with such direction shall not be construed as a separate violation.
p. In the event that any
regulation requiring horse drawn carriages to be equipped with a manure
catching device is adopted by any city agency or agencies, such devices shall
be affixed or attached to the carriage and shall at no time be affixed or
attached to the horse.
§ 17-331 Advisory board.
a. The commissioner shall appoint an advisory board consisting of five members
as follows:
1. Two members shall be appointed from among the owners of rental horse
businesses operating within the city, one of whom shall be
representative of the interests of owners of riding horses and one of whom
shall be representative of the interests of owners of carriage horses.
2. Two members shall be appointed from the public at large. However, in no
event shall more than one person so appointed to the board be a member of
the board of directors or an employee of any animal humane society or
association.
3. One member shall be a veterinarian.
b. The terms of office of
the members of the board shall be three years except that the terms of
office of the members first appointed shall be as follows:
1. Two of such members first appointed shall serve for a term ending on the
thirty-first day of December, nineteen hundred eighty-two.
2. Two of such members first appointed shall serve for a term ending on the
thirty-first day of December, nineteen hundred eighty-three.
3. One of such members first appointed shall serve for a term ending on the
thirty-first day of December, nineteen hundred eighty-four.
c. The members of the
board shall serve without compensation.
d. The board shall
make recommendations to the commissioner on regulations necessary to carry
out the provisions of this subchapter and to promote the health, safety and
well-being of horses which are required to be licensed hereunder and of
members of the public who hire such horses.
§ 17-332 Violations.
a. Any violation of this subchapter, or of any of the rules promulgated
hereunder, shall upon conviction thereof be punishable by a fine of not
less than one hundred dollars nor more than five hundred dollars or by
imprisonment not exceeding fifteen days, or both.
b. In lieu of criminal
prosecution, any violation of this subchapter or any of the rules
promulgated hereunder may be prosecuted as civil violations subject to a civil
penalty of not less than twenty-five dollars nor more than five
hundred dollars or by the suspension or revocation of a license and the
suspension from work of the horse with respect to which the act caused the
violation was committed or by both such civil penalty and suspension. Civil
violations, under this section, shall be adjudicated before the
administrative tribunal of the department.
§ 17-333 Lighting of
horse drawn cabs. The commissioner
of consumer affairs shall promulgate rules requiring that sufficient
lighting, as prescribed by such commissioner, be provided on horse drawn
cabs which operate at night or during other periods of low visibility,
and requiring sufficient lighting on the rear axle of all horse drawn cabs
where their licenses are affixed. Such rules shall be enforced in the same
manner as the enforcement of rules relating to horse drawn cabs and drivers
promulgated pursuant to section 20-384 of the code.
§ 17-334 Construction.
a. The provisions of this subchapter shall not be construed to supersede or
affect any of the provisions of subchapter twenty-one of chapter two of
title twenty of the code relating to a "horse drawn cab" as defined therein or
any of the regulations of the commissioner of consumer affairs promulgated
there under.
b. The provisions of this
subchapter shall not be construed to permit the possession or use of a horse in
any area where such possession or use is prohibited by any other law, rule
or regulation.
c. The provisions of
this subchapter shall not be construed to prohibit the ASPCA or the
department from enforcing any provision of law, rule or regulation relating
to the humane treatment of animals with respect to any horse regardless of
whether such horse is required to be licensed pursuant to the provisions of
this subchapter.
§ 17-334.1 Training
program and examination. a. The
department shall offer a training program and a written examination for all
horse drawn cab drivers. The commissioner shall issue a certificate to any
person successfully completing the training program and achieving
satisfactory results on the written examination administered by the
department. Subjects which shall be included in such training program
are: (1) proper horse care and grooming, (2) proper preparation and cleaning
of harnesses and padding, (3) proper fitting of the bit, bridle and harness to
the horse, (4) proper hitching of the horse to the carriage, (5) traffic
laws and rules of the city of New York, (6) permissible hours and areas of
operation of horse drawn cabs in the city of New York, (7) all laws and
rules of the city of New York pertaining in any way to horse drawn cabs and
(8) such other subjects as shall be deemed
appropriate and
necessary by the commissioner.
b. The department may
impose a fee for the training program and examination, as provided in
subdivision a herein, in order to defray expenses incurred in the
administration thereof.
c. The department shall
offer the training program and examination, as provided in subdivision a
herein, on a regularly scheduled basis, no less frequently than at least four
times per year or more frequently as deemed necessary by the commissioner.
e. It shall be unlawful
for any owner of a horse drawn cab to permit such horse drawn cab to be
operated by a person who does not possess a current valid driver's license
issued pursuant to this section. In any prosecution of an owner for a
violation of this section, it shall not be necessary to prove that the
owner knew or should have known that the driver was unlicensed, and there shall
be a rebuttable presumption that such cab was operated with the permission of
the owner.
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