Coalition to Ban Horse-Drawn Carriages

The following is proposed legislation drafted by the Coalition to Ban Horse Drawn Carriages in New York City.

A LOCAL LAW

To amend the Administrative Code of the City of New York,

PROVIDING FOR PROHIBITING COMMERICAL OPERATION OF ANIMAL-DRAWN VEHICLES UPON PUBLIC RIGHTS-OF-WAY AND OTHER PUBLIC AREAS WITHIN THE CITY OF NEW YORK, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF SECTIONS OR PARTS OF THE ADMINISTRATIVE CODE IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFICT; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION IN ACCORANCE WITH LAW.

Be it enacted by the Council as follows:

Section 17-330 of the Administrative Code of the City of New York is repealed and a new section 17-330 is added to read as follows:

PROHIBITION OF COMMERCIAL HORSE-DRAWN VEHICLES

WHEREAS, the system of roads within the city of New York carries large volumes of vehicular traffic; and

WHEREAS, the intermingling of slow-moving, commercially operated animal-drawn carriages or vehicles with city traffic has both caused and raised the likelihood of accidents, thereby endangering the health and safety of automobile and carriage passengers, pedestrians, and animals; and

 WHEREAS, the waste from the animals causes a sanitation problem on the streets; and

 WHEREAS, weather and street conditions, including snow, rain, and slippery conditions, and the heat and humidity of summer months, the hard pavement, urban noise, traffic congestion, and vehicular exhaust fumes constitute inappropriate conditions for commercial enterprises using animals; and

 WHEREAS, after observing urban conditions, accidents, and maltreatment of animals and their inappropriate presence in localities, Friends of Animals, and other animal groups have opposed such operations.

NOW, THEREFORE, be it ordained by the city of New York, that:

Section 1. Section 17-330 of the Administrative Code of the City of New York is repealed and a new section 17-330 is added, creating a new section entitled “Commercial Animal-Drawn Vehicles Prohibited,” which shall hereafter be and read as follows:

Section 17-330, Commercial Animal-Drawn Carriages Prohibited.

1. Definitions. As used in this Section, the following words shall be defined as follow:

Public Place. Shall mean any public grounds, street, road right-of-way, alley, sidewalk, park or any other open property within the city of New York City, New York, to which the general public is licensed or invited to enter, which such open property specifically includes parking lots and parking areas or commercial establishments.

Persons. Shall include any individual, corporation, partnership, association, club, or any other legal entity.

2. Unlawful to operate commercial animal-drawn vehicles in public places. It shall be unlawful for any person to operate or cause to be operated in any public place within the City any vehicle, carriage, or other apparatus which is powered or propelled by an animal independent of or in conjunction with a mechanized means of power or propulsion.

3. Violation: penalty. Any person who violated any provisions of this Section shall, upon conviction in a court of competent jurisdiction, be punished by a fine not to exceed One Thousand Dollars ($1000.00) per incident.

4. Severability. If any provision of this Section or the application thereof is held invalid, such invalidity shall not affect the other provisions or application of this Section which can be given effect without the invalid provisions or application, and to this end the provisions of this Section are herby declared severable.

Section 2. That all parts or section of the Administrative Code of the City of New York in conflict with the provisions of this section be, and they are hereby repealed insofar as the same affect this section.

Section 3. This section of the Administrative Code of the City of New York shall be published in accordance with the requirements of law.

Section 4. This section of the administrative code of the city of New York shall become effective at such time as this amendment has been duly recorded in the Public Records of New York City.

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[NOTE: All organizations that are members of the Coalition to Ban Horse Drawn Carriages feel very strongly that any legislation to ban this industry would have to be phased in over a period of time - to be determined. Placing the large number of horses from the carriage horse industry will take some time and must be a concerted, cooperative effort by many people. We are also not insensitive to the economics involved and support phasing out of this business to mitigate any hardship to the people employed in it. However, our primary goal is to put an end to this inhumane industry as quickly as possible and to insure that the horses are placed in good homes. ]