A01002 Summary:

BILL NOA01002
 
SAME ASNo Same As
 
SPONSORRosenthal L (MS)
 
COSPNSRDinowitz, Gottfried
 
MLTSPNSRGlick
 
Rpld 17-330 subs o & p, 17-334 sub a, 17-334.1, 19-174 & 19-175, 20-372 subs 5, 6, 7 & 8, 20-373 subs c & d, 20-374 sub c, 20-377, 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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A01002 Actions:

BILL NOA01002
 
01/14/2019referred to cities
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A01002 Committee Votes:

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A01002 Floor Votes:

There are no votes for this bill in this legislative session.
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A01002 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1002
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by M. of A. L. ROSENTHAL, DINOWITZ, GOTTFRIED -- Multi-Spon-
          sored by -- M.  of A. GLICK -- read once and referred 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    § 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    §  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    § 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
    21  of the city of New York for the  year  2002,  are  amended  to  read  as
    22  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02580-01-9

        A. 1002                             2
 
     1    a.  On  and after January first, nineteen hundred eighty-two no person
     2  shall use or offer the use of a horse in a rental horse business  unless
     3  such  horse  is  licensed pursuant to the provisions of this subchapter.
     4  For purposes of this subchapter the use of a horse  in  a  rental  horse
     5  business means that a horse is used or offered for use by the public for
     6  a  fee for the purpose of riding [or drawing a horse drawn vehicle or is
     7  used in the operation of a horse drawn vehicle for hire such as a  horse
     8  drawn cab].
     9    d. Application for a license or the renewal of a license shall be made
    10  to  the  department of health and mental hygiene. Such application shall
    11  contain the name and address of the owner of the horse and of the  owner
    12  of  the  rental horse business in which such horse is to be used if such
    13  person is not the owner of the horse, the age, sex, color, markings  and
    14  any  other identifying marks such as brands or tattoos of the horse, the
    15  location of the stable where the horse is  to  be  kept  and  any  other
    16  information  which  the  commissioner  of  health and mental hygiene may
    17  require. [An application with respect to a horse which is  used  in  the
    18  operation  of a "horse drawn cab" as defined in subchapter twenty-one of
    19  chapter two of title twenty of this code shall include  the  identifica-
    20  tion number required to be inscribed on such horses hoof pursuant to the
    21  rules and regulations of the department of consumer affairs.] The appli-
    22  cation shall be accompanied by the license or renewal fee.
    23    § 4. Section 17-329 of the administrative code of the city of New York
    24  is amended to read as follows:
    25    §  17-329  Disposition  of  licensed horse. a. The department shall be
    26  notified of the transfer of ownership or other disposition of a licensed
    27  horse within [ten] five days thereafter.  Such notice shall include  the
    28  date of disposition and [if sold in New York city,] the name and address
    29  of  the  buyer  or  other  transferee  and such other information as the
    30  commissioner may prescribe.
    31    b. A horse shall not be  sold  or  disposed  of  except  in  a  humane
    32  manner[.],  which, for the purposes of this subchapter shall mean one of
    33  the following:
    34    1. The owner shall sell or donate the horse to  a  private  individual
    35  who signs an assurance that the horse will not be sold and shall be kept
    36  solely  as  a  companion  animal and not employed in another horse-drawn
    37  carriage business or as a work horse and will be cared for humanely  for
    38  the remainder of the horse's natural life; or
    39    2.  The  owner  shall  sell or donate the horse to a duly incorporated
    40  animal sanctuary or duly  incorporated  animal  protection  organization
    41  whose  president or executive director signs an assurance that the horse
    42  will not be sold and shall be kept solely as a companion animal and  not
    43  employed in another horse-drawn carriage business or as a work horse and
    44  will  be  cared  for  humanely  for the remainder of the horse's natural
    45  life.
    46    3. Records indicating the name, address and telephone  number  of  the
    47  private  individual, duly incorporated animal sanctuary or duly incorpo-
    48  rated animal protection organization to  whom  the  horse  was  sold  or
    49  donated together with the assurance specified above shall be sent by the
    50  owner  to the department within five days after such sale or donation. A
    51  copy of such record shall also be maintained at the stable.
    52    § 5. Subdivisions g, h and l of section 17-330 of  the  administrative
    53  code  of  the city of New York, subdivisions g and l as amended by local
    54  law number 10 of the city of New York for the year 2010, and subdivision
    55  h as added by local law number 2 of the city of New York  for  the  year
    56  1994, are amended to read as follows:

        A. 1002                             3
 
     1    g.  [1.  Carriage horses shall not be at work for more than nine hours
     2  in any continuous twenty-four hour period.] Riding horses shall  not  be
     3  at  work  for  more  than eight hours in any continuous twenty-four hour
     4  period. Rest periods for [carriage horses and] riding horses shall be of
     5  such   duration   and  at  such  intervals  as  the  commissioner  shall
     6  prescribe[, but rest periods for carriage horses shall in  no  event  be
     7  for  less  than  fifteen minutes after each two hour working period, and
     8  the time of such rest period shall be included in calculating the number
     9  of hours the horse has worked in any  twenty-four  hour  period.  During
    10  such  rest  periods,  the person in charge of such carriage horses shall
    11  make fresh water available to the horse.
    12    2. Carriage horses shall receive no less than five weeks  of  vacation
    13  or  furlough every twelve months at a horse stable facility which allows
    14  daily access to paddock or pasture turnout. Proof of  such  vacation  or
    15  furlough  shall  be  provided  upon request to the department and/or the
    16  ASPCA].
    17    h. [Carriage horses shall not be driven at a pace faster than a trot.]
    18  Riding horses may be ridden at a canter but shall not be galloped.
    19    l. An owner of a rental horse business shall keep such records as  the
    20  commissioner  of  health  shall prescribe including but not limited to a
    21  consecutive daily record of the movements of each licensed horse includ-
    22  ing the  [driver's  name  and  identification  number,  if  applicable,]
    23  rider's  name, the horse's identification number, [vehicle license plate
    24  number, if applicable,] time of leaving stable and  time  of  return  to
    25  stable.  An  owner  of  a  rental horse business shall also keep written
    26  protocols for emergencies, including but  not  limited  to  primary  and
    27  secondary  emergency contact information for each horse owner and insur-
    28  ance company information, if applicable. Such records shall be  kept  on
    29  the premises of the stable where the horses are kept and shall be avail-
    30  able  for  inspection.  The  commissioner may, in his or her discretion,
    31  require a time clock, date stamp or time stamp where  such  commissioner
    32  believes it is appropriate.
    33    § 6. Subdivisions o and p of section 17-330 of the administrative code
    34  of the city of New York are REPEALED.
    35    § 7. Paragraph 1 of subdivision a of section 17-331 of the administra-
    36  tive code of the city of New York is amended to read as follows:
    37    1.  Two  members  shall  be  appointed from among the owners of rental
    38  horse businesses operating within the city[, one of whom shall be repre-
    39  sentative of the interests of owners of riding horses and  one  of  whom
    40  shall be representative of the interests of owners of carriage horses].
    41    § 8. Subdivision a of section 17-334 of the administrative code of the
    42  city  of  New  York  is REPEALED and subdivisions b and c are relettered
    43  subdivisions a and b.
    44    § 9. Section 17-334.1 of the administrative code of the  city  of  New
    45  York is REPEALED.
    46    §  10.  Sections  19-174  and 19-175 of the administrative code of the
    47  city of New York are REPEALED.
    48    § 11. Section 20-371 of the administrative code of  the  city  of  New
    49  York,  as amended by local law number 31 of the city of New York for the
    50  year 1995, is amended to read as follows:
    51    § 20-371 Licensing of sight-seeing buses[, horse drawn cabs and  horse
    52  drawn cab drivers]. Legislative findings. The legislative findings here-
    53  tofore made in relation to the business of sight-seeing buses [and horse
    54  drawn  cabs]  in  the city of New York and set forth in local law number
    55  ten of nineteen hundred sixty-four continue to be valid; such businesses
    56  are vested with a public  interest  and  their  regulation  and  control

        A. 1002                             4

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

        A. 1002                             5

     1  for horse-drawn cabs may be transferred with the approval of the commis-
     2  sioner. Upon voluntary sale or transfer of a licensed horse-drawn cab by
     3  the holder of a license or his or her legal representative, the licensee
     4  shall  immediately  notify  the  commissioner of his or her intention to
     5  replace such horse-drawn cab, or shall surrender his or her license.  If
     6  the  license  is surrendered, the vendee or transferee may make applica-
     7  tion to the commissioner for the licensing of  the  horse-drawn  cab  so
     8  purchased.  A  new  license  shall then be issued by the commissioner in
     9  place of the license so surrendered, provided the applicant  has  demon-
    10  strated to the satisfaction of the commissioner that he or she is quali-
    11  fied to assume the duties and obligations of a horse-drawn cab license].
    12    §  17.  Subdivision  c of section 20-374 of the administrative code of
    13  the city of New York is REPEALED and subdivisions d and e are relettered
    14  subdivisions c and d.
    15    § 18. Section 20-375 of the administrative code of  the  city  of  New
    16  York,  as  amended by local law number 2 of the city of New York for the
    17  year 1994, is amended to read as follows:
    18    § 20-375 License plate. Upon  the  payment  of  the  license  fee  the
    19  commissioner  shall  issue a license to the owner of the sightseeing bus
    20  [or horse drawn cab] together  with  a  license  plate  to  be  securely
    21  affixed  to a conspicuous and indispensable part of such sightseeing bus
    22  [or securely and conspicuously affixed to the rear axle  of  such  horse
    23  drawn  cab,]  on  which shall be clearly set forth the license number of
    24  such sightseeing bus [or horse drawn cab]. The license plate  issued  to
    25  the licensee may, in the discretion of the commissioner, be a plate of a
    26  permanent  nature with a replaceable date tag attached thereto, indicat-
    27  ing the expiration date of the plate during each license  year  and  the
    28  issuance  of such a plate with such date tag to a person possessing such
    29  a plate, shall be deemed issuance of a license plate. Such license plate
    30  and the replaceable date tag to be  issued  from  year  to  year  to  be
    31  attached  thereto, shall be of such material, form, design and dimension
    32  and set forth such distinguishing number or other  identification  marks
    33  as  the  commissioner  shall prescribe. The commissioner upon renewal of
    34  the license hereunder, may continue the use of the license plate for  as
    35  many  additional license years as he or she in his or her discretion may
    36  determine, in which event he or she  shall  issue  and  deliver  to  the
    37  licensee  a  replaceable date tag as evidence of renewal of the license,
    38  which shall be attached or affixed in such  manner  as  he  or  she  may
    39  prescribe  by  rule.  The failure to affix or display such date tag in a
    40  manner prescribed by the commissioner shall constitute  a  violation  of
    41  this section. In the event of the loss, mutilation or destruction of any
    42  license  plate  or  date  tag  issued hereunder, the owner may file such
    43  statement and proof of facts as the commissioner shall require,  with  a
    44  fee  of twenty-five dollars, at the department, and the department shall
    45  issue a duplicate or substitute license plate or date tag.
    46    § 19. Sections 20-377 and 20-377.1 of the administrative code  of  the
    47  city of New York are REPEALED.
    48    §  20.  Section  20-378  of the administrative code of the city of New
    49  York is amended to read as follows:
    50    § 20-378 Periodic inspection. The license department shall  cause  all
    51  sight-seeing buses [and horse-drawn cabs] now, or hereafter licensed, to
    52  be  inspected  at  least  once  every  four  months.  The  date  of such
    53  inspection and the signature of the person making the  inspection  shall
    54  be recorded upon the inspection card in the spaces provided therefor.
    55    §  21.  Section  20-379  of the administrative code of the city of New
    56  York is amended to read as follows:

        A. 1002                             6
 
     1    § 20-379 Form of inspection card. The commissioner shall prescribe  an
     2  appropriate  form  of inspection card for sight-seeing buses [and horse-
     3  drawn cabs] and the manner in which such card and the  sight-seeing  bus
     4  driver's  [and  horse-drawn  cab driver's] identification cards shall be
     5  displayed.
     6    §  22.  Sections  20-380, 20-381, 20-381.1, 20-381.2 and 20-382 of the
     7  administrative code of the city of New York are REPEALED.
     8    § 23. Section 20-383 of the administrative code of  the  city  of  New
     9  York,  as  amended by local law number 2 of the city of New York for the
    10  year 1994, the section number and the  section  heading  as  amended  by
    11  local law number 41 of the city of New York for the year 2005 and subdi-
    12  vision  a as amended by local law number 175 of the city of New York for
    13  the year 2018, is amended to read as follows:
    14    § 20-383 Suspensions and revocations.  [a.] After notice and  opportu-
    15  nity  to be heard, the commissioner may suspend or revoke any sight-see-
    16  ing bus license where the holder has failed to comply with  any  of  the
    17  provisions of this subchapter or of the rules promulgated thereunder, or
    18  with  any  other  laws  or  rules governing sight-seeing buses, or which
    19  sight-seeing bus is otherwise found to  be  unfit  for  operation.  Such
    20  suspension shall remain in effect until compliance and fitness have been
    21  established  by the licensee and accepted by the department. Grounds for
    22  suspension or revocation shall include, but not be limited  to,  revoca-
    23  tion  of  one  or  more  bus  stop authorizations by the commissioner of
    24  transportation pursuant to section 19-175.6 of this code, three or  more
    25  violations of paragraph 2 of subdivision [e] d of section 20-374 of this
    26  subchapter  within  a  two  year period, installation of an engine which
    27  does not meet the requirements of subdivision b  of  section  20-376  of
    28  this  subchapter,  being  found  to  have  violated the requirements for
    29  diesel fuel-powered sight-seeing buses contained in section 24-163.6  of
    30  the administrative code, failure to submit a bus for inspection, instal-
    31  lation  of  an  engine  not  covered by a certificate of conformity in a
    32  vehicle which was  originally  manufactured  with  such  an  engine  and
    33  installation  of an engine of any model year preceding the year of manu-
    34  facture in a vehicle which was originally manufactured  with  an  engine
    35  covered  by a certificate of conformity. The commissioner shall, as soon
    36  as practicable, notify the commissioner of transportation of each sight-
    37  seeing bus license that is suspended or revoked.
    38    [b. Any driver of a horse drawn cab found to have committed within any
    39  twelve-month period, in the aggregate, at least three violations of this
    40  subchapter shall have his or her license suspended by  the  commissioner
    41  for  a period of not less than three months. For purposes of this subdi-
    42  vision, all violations written on any one day shall constitute a  single
    43  violation.
    44    c.  Notwithstanding  the  provisions of subdivision b of this section,
    45  any driver of a horse drawn cab found to have committed within any twen-
    46  ty-four month period, in the aggregate, at least five violations of this
    47  subchapter shall have his or her license suspended by  the  commissioner
    48  for six months. For purposes of this subdivision, all violations written
    49  on any one day shall constitute a single violation.
    50    d.  Notwithstanding  the  provisions  of  subdivisions b and c of this
    51  section, any driver of a horse drawn cab found guilty of  one  violation
    52  of  subdivision  d  of  section  20-381.1  of the code or sections three
    53  hundred fifty-one, three hundred fifty-three, three  hundred  fifty-five
    54  through  three  hundred sixty-two or three hundred sixty-nine of the New
    55  York state agriculture and markets law or  who  is  found  guilty  of  a
    56  violation  of  this  subchapter  while  his or her license is suspended,

        A. 1002                             7

     1  shall have his or her license revoked. A driver whose license  has  been
     2  revoked  in  accordance  with  this  provision  may  not apply for a new
     3  license for five years from the date of revocation.]
     4    §  24.  This  act  shall  take effect on the one hundred eightieth day
     5  after it shall have become a law.
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