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. 1. Horses shall not be left untethered or unattended
except when confined in a stable or other enclosure. When tethered, all
horses shall be secured by the use of a rope attached to the halter,
not to the bit or bridle.
2. Horse bridles and halters shall be used on carriage horses at all times when operating a carriage.
c. Standing stalls for carriage horses shall be sixty square feet
or larger, with a minimum width of seven feet, and shall be configured
to permit a carriage horse to turn around and safely lay down within
the stall. Horses shall be un-tied when stabled. A halter shall be on
the horse or hung outside each stall at all times.
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. 1.
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.
2. Carriage
horses shall receive no less than five weeks of vacation or furlough
every twelve months at a horse stable facility which allows daily
access to paddock or pasture turnout. Proof of such vacation or
furlough shall be provided upon request to the department and/or the
ASPCA.
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, the
horse's identification number, vehicle license plate number, if
applicable, time of leaving stable and time of return to stable. An
owner of a rental horse business shall also keep written protocols for
emergencies, including but not limited to primary and secondary
emergency contact information for each horse owner and insurance
company information, if applicable. 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, at time of each license
renewal, and thereafter at intervals of not less than four months and
not greater than eight months. The examination shall include the
general physical condition of the horse, its teeth, hoofs and shoes,
its stamina and physical ability to perform the work or duties required
of it, and whether it is current on vaccinations, including those for
rabies, Eastern/Western equine encephalitis, West Nile virus,
Rhinopneumonitis virus, and tetanus, or any other vaccinations the
Commissioner may require by rule. 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 and shall be displayed on the outside of
the such horse's individual stall. An original of said certificate
shall be mailed by the examining veterinarian to the department.
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 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 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. Every carriage horse
required to be licensed hereunder shall be equipped with a manure
catching device. Such devices shall be affixed or attached to the
carriage and shall at no time be affixed or attached to the horse.
q. Carriage horses shall not be younger than five years at the
time placed into service in any rental horse business and licensed. No
carriage horse older than 26 years of age shall be licensed to work in
a rental horse business. Acceptable proof of age shall include a signed
letter from a licensed veterinarian stating the horse's age, a
certificate from an officially recognized national registry of horses
stating the horse's age, or another industry approved method of
certifying age.
r. Owners shall insure
that during the months of November through April every carriage is
equipped with a heavy winter horse blanket large enough to cover the
horse from crest of neck to top of rump. Such blankets shall be used to
cover carriage horses in cold weather. Waterproof horse blankets of a
lighter material shall be provided at all times to cover the horse from
withers to tail during periods of wet weather when the air temperature
is 55 degrees or below.
§ 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. [Repealed]
§ 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.
d. The training program shall be available only to persons holding a currently valid driver's license.
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