S00667 Summary:

BILL NO    S00667 

SAME AS    SAME AS A00997

SPONSOR    AVELLA

COSPNSR    ESPAILLAT, HOYLMAN, KRUEGER, PERKINS, SERRANO, SQUADRON

MLTSPNSR   

Rpld S17-330 subs o & p, S17-334 sub a, SS17-334.1, 19-174 & 19-175, S20-372
subs 5, 6, 7 & 8, S20-373 subs c & d, S20-374 sub c, SS20-377, 20-377.1,
20-380, 20-381, 20-381.1, 20-381.2 & 20-382, amd NYC Ad Cd, generally

Prohibits the operation of horse drawn cabs in the city of New York; defines
the circumstances under which sale or disposal of a horse shall be deemed
humane.
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S00667 Actions:

BILL NO    S00667 

01/09/2013 REFERRED TO CITIES
01/08/2014 REFERRED TO CITIES
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S00667 Votes:

There are no votes for this bill in this legislative session.
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S00667 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          667

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by Sens. AVELLA, ESPAILLAT, KRUEGER, PERKINS, SERRANO -- read
         twice  and  ordered  printed,  and when printed to be committed to the
         Committee on Cities

       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to prohibiting the operation of horse drawn cabs in the city
         of New York; and repealing certain provisions  of  such  law  relating
         thereto

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivisions (c), (g) and (i)  of  section  17-326  of  the
    2  administrative  code  of  the  city  of  New York are amended to read as
    3  follows:
    4    (c) "Work", a horse is considered to be at work when it is out of  its
    5  stable and presented to the public as being available for riding[, pull-
    6  ing  carriages,  vehicles or other devices,] or when it is saddled or in
    7  harness or when it is being ridden [or is pulling a carriage, vehicle or
    8  device].
    9    (g) "Rental horse business" means a business enterprise which provides
   10  or offers the use of a horse to the public for a fee for the purpose  of
   11  riding [or drawing a horse drawn vehicle or which operates a horse drawn
   12  vehicle for hire such as a horse drawn cab].
   13    (i)  "Under  tack" means that a horse is equipped for riding [or driv-
   14  ing].
   15    S 2. The administrative code of the city of New  York  is  amended  by
   16  adding a new section 17-326.1 to read as follows:
   17    S  17-326.1  CARRIAGE  RIDES PROHIBITED. IT SHALL BE UNLAWFUL TO OFFER
   18  RIDES TO THE PUBLIC ON A VEHICLE DRAWN OR PULLED BY A CARRIAGE HORSE.
   19    S 3. Subdivisions a and d of section 17-327 of the administrative code
   20  of the city of New York, subdivision d as amended by local law number 22

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03713-01-3
       S. 667                              2

    1  of the city of New York for the  year  2002,  are  amended  to  read  as
    2  follows:
    3    a.  On  and after January first, nineteen hundred eighty-two no person
    4  shall use or offer the use of a horse in a rental horse business  unless
    5  such  horse  is  licensed pursuant to the provisions of this subchapter.
    6  For purposes of this subchapter the use of a horse  in  a  rental  horse
    7  business means that a horse is used or offered for use by the public for
    8  a  fee for the purpose of riding [or drawing a horse drawn vehicle or is
    9  used in the operation of a horse drawn vehicle for hire such as a  horse
   10  drawn cab].
   11    d. Application for a license or the renewal of a license shall be made
   12  to  the  department of health and mental hygiene. Such application shall
   13  contain the name and address of the owner of the horse and of the  owner
   14  of  the  rental horse business in which such horse is to be used if such
   15  person is not the owner of the horse, the age, sex, color, markings  and
   16  any  other identifying marks such as brands or tattoos of the horse, the
   17  location of the stable where the horse is  to  be  kept  and  any  other
   18  information  which  the  commissioner  of  health and mental hygiene may
   19  require. [An application with respect to a horse which is  used  in  the
   20  operation  of a "horse drawn cab" as defined in subchapter twenty-one of
   21  chapter two of title twenty of this code shall include  the  identifica-
   22  tion number required to be inscribed on such horses hoof pursuant to the
   23  rules and regulations of the department of consumer affairs.] The appli-
   24  cation shall be accompanied by the license or renewal fee.
   25    S 4. Section 17-329 of the administrative code of the city of New York
   26  is amended to read as follows:
   27    S  17-329  Disposition  of  licensed horse. A. The department shall be
   28  notified of the transfer of ownership or other disposition of a licensed
   29  horse within [ten] FIVE days thereafter.  Such notice shall include  the
   30  date of disposition and [if sold in New York city,] the name and address
   31  of  the  buyer  or  other  transferee  and such other information as the
   32  commissioner may prescribe.
   33    B. A horse shall not be  sold  or  disposed  of  except  in  a  humane
   34  manner[.],  WHICH, FOR THE PURPOSES OF THIS SUBCHAPTER SHALL MEAN ONE OF
   35  THE FOLLOWING:
   36    1. THE OWNER SHALL SELL OR DONATE THE HORSE TO  A  PRIVATE  INDIVIDUAL
   37  WHO SIGNS AN ASSURANCE THAT THE HORSE WILL NOT BE SOLD AND SHALL BE KEPT
   38  SOLELY  AS  A  COMPANION  ANIMAL AND NOT EMPLOYED IN ANOTHER HORSE-DRAWN
   39  CARRIAGE BUSINESS OR AS A WORK HORSE AND WILL BE CARED FOR HUMANELY  FOR
   40  THE REMAINDER OF THE HORSE'S NATURAL LIFE; OR
   41    2.  THE  OWNER  SHALL  SELL OR DONATE THE HORSE TO A DULY INCORPORATED
   42  ANIMAL SANCTUARY OR DULY  INCORPORATED  ANIMAL  PROTECTION  ORGANIZATION
   43  WHOSE  PRESIDENT OR EXECUTIVE DIRECTOR SIGNS AN ASSURANCE THAT THE HORSE
   44  WILL NOT BE SOLD AND SHALL BE KEPT SOLELY AS A COMPANION ANIMAL AND  NOT
   45  EMPLOYED IN ANOTHER HORSE-DRAWN CARRIAGE BUSINESS OR AS A WORK HORSE AND
   46  WILL  BE  CARED  FOR  HUMANELY  FOR THE REMAINDER OF THE HORSE'S NATURAL
   47  LIFE.
   48    3. RECORDS INDICATING THE NAME, ADDRESS AND TELEPHONE  NUMBER  OF  THE
   49  PRIVATE  INDIVIDUAL, DULY INCORPORATED ANIMAL SANCTUARY OR DULY INCORPO-
   50  RATED ANIMAL PROTECTION ORGANIZATION TO  WHOM  THE  HORSE  WAS  SOLD  OR
   51  DONATED TOGETHER WITH THE ASSURANCE SPECIFIED ABOVE SHALL BE SENT BY THE
   52  OWNER  TO THE DEPARTMENT WITHIN FIVE DAYS AFTER SUCH SALE OR DONATION. A
   53  COPY OF SUCH RECORD SHALL ALSO BE MAINTAINED AT THE STABLE.
   54    S 5. Subdivisions g, h and l of section 17-330 of  the  administrative
   55  code  of  the city of New York, subdivisions g and l as amended by local
   56  law number 10 of the city of New York for the year 2010, and subdivision
       S. 667                              3

    1  h as added by local law number 2 of the city of New York  for  the  year
    2  1994, are amended to read as follows:
    3    g.  [1.  Carriage horses shall not be at work for more than nine hours
    4  in any continuous twenty-four hour period.] Riding horses shall  not  be
    5  at  work  for  more  than eight hours in any continuous twenty-four hour
    6  period. Rest periods for [carriage horses and] riding horses shall be of
    7  such  duration  and  at  such  intervals  as  the   commissioner   shall
    8  prescribe[,  but  rest  periods for carriage horses shall in no event be
    9  for less than fifteen minutes after each two hour  working  period,  and
   10  the time of such rest period shall be included in calculating the number
   11  of  hours  the  horse  has worked in any twenty-four hour period. During
   12  such rest periods, the person in charge of such  carriage  horses  shall
   13  make fresh water available to the horse.
   14    2.  Carriage  horses shall receive no less than five weeks of vacation
   15  or furlough every twelve months at a horse stable facility which  allows
   16  daily  access  to  paddock or pasture turnout. Proof of such vacation or
   17  furlough shall be provided upon request to  the  department  and/or  the
   18  ASPCA].
   19    h. [Carriage horses shall not be driven at a pace faster than a trot.]
   20  Riding horses may be ridden at a canter but shall not be galloped.
   21    l.  An owner of a rental horse business shall keep such records as the
   22  commissioner of health shall prescribe including but not  limited  to  a
   23  consecutive daily record of the movements of each licensed horse includ-
   24  ing  the  [driver's  name  and  identification  number,  if applicable,]
   25  rider's name, the horse's identification number, [vehicle license  plate
   26  number,  if  applicable,]  time  of leaving stable and time of return to
   27  stable. An owner of a rental horse  business  shall  also  keep  written
   28  protocols  for  emergencies,  including  but  not limited to primary and
   29  secondary emergency contact information for each horse owner and  insur-
   30  ance  company  information, if applicable. Such records shall be kept on
   31  the premises of the stable where the horses are kept and shall be avail-
   32  able for inspection. The commissioner may, in  his  or  her  discretion,
   33  require  a  time clock, date stamp or time stamp where such commissioner
   34  believes it is appropriate.
   35    S 6. Subdivisions o and p of section 17-330 of the administrative code
   36  of the city of New York are REPEALED.
   37    S 7. Paragraph 1 of subdivision a of section 17-331 of the administra-
   38  tive code of the city of New York is amended to read as follows:
   39    1. Two members shall be appointed from  among  the  owners  of  rental
   40  horse businesses operating within the city[, one of whom shall be repre-
   41  sentative  of  the  interests of owners of riding horses and one of whom
   42  shall be representative of the interests of owners of carriage horses].
   43    S 8. Subdivision a of section 17-334 of the administrative code of the
   44  city of New York is REPEALED and subdivisions b  and  c  are  relettered
   45  subdivisions a and b.
   46    S  9.  Section  17-334.1 of the administrative code of the city of New
   47  York is REPEALED.
   48    S 10. Sections 19-174 and 19-175 of the  administrative  code  of  the
   49  city of New York are REPEALED.
   50    S  11.  Section  20-371  of the administrative code of the city of New
   51  York, as amended by local law number 31 of the city of New York for  the
   52  year 1995, is amended to read as follows:
   53    S  20-371 Licensing of sight-seeing buses[, horse drawn cabs and horse
   54  drawn cab drivers]. Legislative findings. The legislative findings here-
   55  tofore made in relation to the business of sight-seeing buses [and horse
   56  drawn cabs] in the city of New York and set forth in  local  law  number
       S. 667                              4

    1  ten of nineteen hundred sixty-four continue to be valid; such businesses
    2  are  vested  with  a  public  interest  and their regulation and control
    3  continue to be necessary and essential in order  to  cope  with  certain
    4  evils  and  hazards  which existed in the absence of governmental super-
    5  vision. The supervision formerly was reposed in the police commissioner,
    6  but recent experience and study indicate  that  jurisdiction  over  such
    7  businesses  should  be  transferred  to the commissioner. [It is further
    8  found that the present number of horse drawn cabs licensed in  the  city
    9  of New York is adequate to meet the public need and demand and should be
   10  preserved,  unless  the  commissioner finds that additional licenses are
   11  necessary and advisable.]
   12    S 12. Subdivisions 1 and 3 of section  20-372  of  the  administrative
   13  code  of  the city of New York, as amended by local law number 31 of the
   14  city of New York for the year 1995, are amended to read as follows:
   15    1. "Owner" shall include any person, firm, partnership, corporation or
   16  association owning and operating a sight-seeing bus or buses, [or  horse
   17  drawn  cab or cabs,] and shall include a purchaser under a reserve title
   18  contract, conditional sales agreement  or  vendor's  agreement  and  the
   19  lessee  of  such  vehicle  or  vehicles under a written lease or similar
   20  contract provided such purchaser or lessee of sight-seeing bus or  buses
   21  shall  be  entitled  to  obtain in his or her name a license or licenses
   22  therefor from the commissioner of motor vehicles of  the  state  of  New
   23  York.
   24    3.  "Inspection  card"  shall designate the card issued by the commis-
   25  sioner for the sight-seeing bus licensed [or horse drawn cab  licensed],
   26  which  card  shall display the license number and capacity of such vehi-
   27  cle.
   28    S 13. Subdivisions 5, 6, 7 and 8 of section 20-372 of the  administra-
   29  tive code of the city of New York are REPEALED and subdivisions 9 and 10
   30  are renumbered subdivisions 5 and 6.
   31    S  14.  Subdivisions  a  and b of section 20-373 of the administrative
   32  code of the city of New York are amended to read as follows:
   33    a. It shall be unlawful to operate or permit another  to  operate  for
   34  hire  a sight-seeing bus [or horse-drawn cab] within the city unless the
   35  owner shall have first obtained a license therefor from the  commission-
   36  er.  [An applicant for a horse-drawn cab license shall be at least eigh-
   37  teen years of age.]
   38    b. Fees. The original and renewal license fee  for  each  sight-seeing
   39  bus  shall be fifty dollars [and for each horse-drawn cab shall be fifty
   40  dollars].
   41    S 15. Subdivisions c and d of section  20-373  of  the  administrative
   42  code of the city of New York are REPEALED.
   43    S  16.  Subdivisions  a  and b of section 20-374 of the administrative
   44  code of the city of New York are amended to read as follows:
   45    a. Any person, firm, partnership, corporation or  association,  owning
   46  or operating a sight-seeing bus, or buses[, or horse-drawn cab, or cabs]
   47  engaging  in the business of transporting passengers in, about, over and
   48  upon any of the  streets,  avenues,  bridges,  highways,  boulevards  or
   49  public places within the limits of the city of New York, shall be issued
   50  a license for each bus [or cab] so operating, provided, however any such
   51  person,  firm, partnership, corporation or association owning or operat-
   52  ing a sight-seeing bus or buses, shall first have obtained a license  or
   53  licenses, as he or she shall be entitled to receive from the commission-
   54  er  of  motor  vehicles of the state of New York as made and provided by
   55  law.
       S. 667                              5

    1    b. It shall be unlawful for a  license,  after  being  issued  by  the
    2  commissioner, to be transferred to any person, firm, partnership, corpo-
    3  ration  or  association  for any cause whatsoever[, except that licenses
    4  for horse-drawn cabs may be transferred with the approval of the commis-
    5  sioner. Upon voluntary sale or transfer of a licensed horse-drawn cab by
    6  the holder of a license or his or her legal representative, the licensee
    7  shall  immediately  notify  the  commissioner of his or her intention to
    8  replace such horse-drawn cab, or shall surrender his or her license.  If
    9  the  license  is surrendered, the vendee or transferee may make applica-
   10  tion to the commissioner for the licensing of  the  horse-drawn  cab  so
   11  purchased.  A  new  license  shall then be issued by the commissioner in
   12  place of the license so surrendered, provided the applicant  has  demon-
   13  strated to the satisfaction of the commissioner that he or she is quali-
   14  fied to assume the duties and obligations of a horse-drawn cab license].
   15    S  17.  Subdivision  c of section 20-374 of the administrative code of
   16  the city of New York is REPEALED.
   17    S 18. Section 20-375 of the administrative code of  the  city  of  New
   18  York,  as  amended by local law number 2 of the city of New York for the
   19  year 1994, is amended to read as follows:
   20    S 20-375 License plate. Upon  the  payment  of  the  license  fee  the
   21  commissioner  shall  issue a license to the owner of the sightseeing bus
   22  [or horse drawn cab] together  with  a  license  plate  to  be  securely
   23  affixed  to a conspicuous and indispensable part of such sightseeing bus
   24  [or securely and conspicuously affixed to the rear axle  of  such  horse
   25  drawn  cab,]  on  which shall be clearly set forth the license number of
   26  such sightseeing bus [or horse drawn cab]. The license plate  issued  to
   27  the licensee may, in the discretion of the commissioner, be a plate of a
   28  permanent  nature with a replaceable date tag attached thereto, indicat-
   29  ing the expiration date of the plate during each license  year  and  the
   30  issuance  of such a plate with such date tag to a person possessing such
   31  a plate, shall be deemed issuance of a license plate. Such license plate
   32  and the replaceable date tag to be  issued  from  year  to  year  to  be
   33  attached  thereto, shall be of such material, form, design and dimension
   34  and set forth such distinguishing number or other  identification  marks
   35  as  the  commissioner  shall prescribe. The commissioner upon renewal of
   36  the license hereunder, may continue the use of the license plate for  as
   37  many  additional license years as he or she in his or her discretion may
   38  determine, in which event he or she  shall  issue  and  deliver  to  the
   39  licensee  a  replaceable date tag as evidence of renewal of the license,
   40  which shall be attached or affixed in such  manner  as  he  or  she  may
   41  prescribe  by  rule.  The failure to affix or display such date tag in a
   42  manner prescribed by the commissioner shall constitute  a  violation  of
   43  this section. In the event of the loss, mutilation or destruction of any
   44  license  plate  or  date  tag  issued hereunder, the owner may file such
   45  statement and proof of facts as the commissioner shall require,  with  a
   46  fee  of twenty-five dollars, at the department, and the department shall
   47  issue a duplicate or substitute license plate or date tag.
   48    S 19. Sections 20-377 and 20-377.1 of the administrative code  of  the
   49  city of New York are REPEALED.
   50    S  20.  Section  20-378  of the administrative code of the city of New
   51  York is amended to read as follows:
   52    S 20-378 Periodic inspection. The license department shall  cause  all
   53  sight-seeing buses [and horse-drawn cabs] now, or hereafter licensed, to
   54  be  inspected  at  least  once  every  four  months.  The  date  of such
   55  inspection and the signature of the person making the  inspection  shall
   56  be recorded upon the inspection card in the spaces provided therefor.
       S. 667                              6

    1    S  21.  Section  20-379  of the administrative code of the city of New
    2  York is amended to read as follows:
    3    S  20-379 Form of inspection card. The commissioner shall prescribe an
    4  appropriate form of inspection card for sight-seeing buses  [and  horse-
    5  drawn  cabs]  and the manner in which such card and the sight-seeing bus
    6  driver's [and horse-drawn cab driver's] identification  cards  shall  be
    7  displayed.
    8    S  22.  Sections  20-380, 20-381, 20-381.1, 20-381.2 and 20-382 of the
    9  administrative code of the city of New York are REPEALED.
   10    S 23. Section 20-383 of the administrative code of  the  city  of  New
   11  York,  as  amended by local law number 2 of the city of New York for the
   12  year 1994, the section number, the section heading and subdivision a  as
   13  amended  by  local  law  number  41 of the city of New York for the year
   14  2005, is amended to read as follows:
   15    S 20-383 Suspensions and revocations. [a.] After notice  and  opportu-
   16  nity  to be heard, the commissioner may suspend or revoke any sight-see-
   17  ing bus  license  where  the  holder  has  failed  to  comply  with  any
   18  provisions of this subchapter or of the rules promulgated thereunder, or
   19  with  any  other  laws  or  rules governing sight-seeing buses, or which
   20  sight-seeing bus is otherwise found to  be  unfit  for  operation.  Such
   21  suspension shall remain in effect until compliance and fitness have been
   22  established  by the licensee and accepted by the department. Grounds for
   23  suspension or revocation shall include, but not be limited to, installa-
   24  tion of an engine which does not meet the requirements of subdivision  b
   25  of  section  20-376 of this subchapter, being found to have violated the
   26  requirements for diesel fuel-powered  sight-seeing  buses  contained  in
   27  section 24-163.6 of the administrative code, failure to submit a bus for
   28  inspection,  installation  of  an engine not covered by a certificate of
   29  conformity in a vehicle which was originally manufactured with  such  an
   30  engine  and  installation  of  an engine of any model year preceding the
   31  year of manufacture in a vehicle which was originally manufactured  with
   32  an engine covered by a certificate of conformity.
   33    [b. Any driver of a horse drawn cab found to have committed within any
   34  twelve-month period, in the aggregate, at least three violations of this
   35  subchapter  shall  have his or her license suspended by the commissioner
   36  for a period of not less than three months. For purposes of this  subdi-
   37  vision,  all violations written on any one day shall constitute a single
   38  violation.
   39    c. Notwithstanding the provisions of subdivision b  of  this  section,
   40  any driver of a horse drawn cab found to have committed within any twen-
   41  ty-four month period, in the aggregate, at least five violations of this
   42  subchapter  shall  have his or her license suspended by the commissioner
   43  for six months. For purposes of this subdivision, all violations written
   44  on any one day shall constitute a single violation.
   45    d. Notwithstanding the provisions of subdivisions  b  and  c  of  this
   46  section,  any  driver of a horse drawn cab found guilty of one violation
   47  of subdivision d of section 20-381.1  of  the  code  or  sections  three
   48  hundred  fifty-one,  three hundred fifty-three, three hundred fifty-five
   49  through three hundred sixty-two or three hundred sixty-nine of  the  New
   50  York  state  agriculture  and  markets  law  or who is found guilty of a
   51  violation of this subchapter while his  or  her  license  is  suspended,
   52  shall  have  his or her license revoked. A driver whose license has been
   53  revoked in accordance with this  provision  may  not  apply  for  a  new
   54  license for five years from the date of revocation.]
   55    S  24.  This  act  shall  take effect on the one hundred eightieth day
   56  after it shall have become a law.
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