Bill Text: NY S04573 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CITIES [S04573 Detail]

Download: New_York-2017-S04573-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4573
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 17, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- 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    § 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.
                                                                   LBD05359-01-7
        S. 4573                             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:
        S. 4573                             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
        S. 4573                             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 and 10
    28  are renumbered subdivisions 5 and 6.
    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
        S. 4573                             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.
    14    § 18. Section 20-375 of the administrative code of  the  city  of  New
    15  York,  as  amended by local law number 2 of the city of New York for the
    16  year 1994, is amended to read as follows:
    17    § 20-375 License plate. Upon  the  payment  of  the  license  fee  the
    18  commissioner  shall  issue a license to the owner of the sightseeing bus
    19  [or horse drawn cab] together  with  a  license  plate  to  be  securely
    20  affixed  to a conspicuous and indispensable part of such sightseeing bus
    21  [or securely and conspicuously affixed to the rear axle  of  such  horse
    22  drawn  cab,]  on  which shall be clearly set forth the license number of
    23  such sightseeing bus [or horse drawn cab]. The license plate  issued  to
    24  the licensee may, in the discretion of the commissioner, be a plate of a
    25  permanent  nature with a replaceable date tag attached thereto, indicat-
    26  ing the expiration date of the plate during each license  year  and  the
    27  issuance  of such a plate with such date tag to a person possessing such
    28  a plate, shall be deemed issuance of a license plate. Such license plate
    29  and the replaceable date tag to be  issued  from  year  to  year  to  be
    30  attached  thereto, shall be of such material, form, design and dimension
    31  and set forth such distinguishing number or other  identification  marks
    32  as  the  commissioner  shall prescribe. The commissioner upon renewal of
    33  the license hereunder, may continue the use of the license plate for  as
    34  many  additional license years as he or she in his or her discretion may
    35  determine, in which event he or she  shall  issue  and  deliver  to  the
    36  licensee  a  replaceable date tag as evidence of renewal of the license,
    37  which shall be attached or affixed in such  manner  as  he  or  she  may
    38  prescribe  by  rule.  The failure to affix or display such date tag in a
    39  manner prescribed by the commissioner shall constitute  a  violation  of
    40  this section. In the event of the loss, mutilation or destruction of any
    41  license  plate  or  date  tag  issued hereunder, the owner may file such
    42  statement and proof of facts as the commissioner shall require,  with  a
    43  fee  of twenty-five dollars, at the department, and the department shall
    44  issue a duplicate or substitute license plate or date tag.
    45    § 19. Sections 20-377 and 20-377.1 of the administrative code  of  the
    46  city of New York are REPEALED.
    47    §  20.  Section  20-378  of the administrative code of the city of New
    48  York is amended to read as follows:
    49    § 20-378 Periodic inspection. The license department shall  cause  all
    50  sight-seeing buses [and horse-drawn cabs] now, or hereafter licensed, to
    51  be  inspected  at  least  once  every  four  months.  The  date  of such
    52  inspection and the signature of the person making the  inspection  shall
    53  be recorded upon the inspection card in the spaces provided therefor.
    54    §  21.  Section  20-379  of the administrative code of the city of New
    55  York is amended to read as follows:
        S. 4573                             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, the section heading and subdivision a  as
    11  amended  by  local  law  number  41 of the city of New York for the year
    12  2005, is amended to read as follows:
    13    § 20-383 Suspensions and revocations. [a.] After notice  and  opportu-
    14  nity  to be heard, the commissioner may suspend or revoke any sight-see-
    15  ing bus license where the holder has failed to comply with  any  of  the
    16  provisions of this subchapter or of the rules promulgated thereunder, or
    17  with  any  other  laws  or  rules governing sight-seeing buses, or which
    18  sight-seeing bus is otherwise found to  be  unfit  for  operation.  Such
    19  suspension shall remain in effect until compliance and fitness have been
    20  established  by the licensee and accepted by the department. Grounds for
    21  suspension or revocation shall include, but not be limited to, installa-
    22  tion of an engine which does not meet the requirements of subdivision  b
    23  of  section  20-376 of this subchapter, being found to have violated the
    24  requirements for diesel fuel-powered  sight-seeing  buses  contained  in
    25  section 24-163.6 of the administrative code, failure to submit a bus for
    26  inspection,  installation  of  an engine not covered by a certificate of
    27  conformity in a vehicle which was originally manufactured with  such  an
    28  engine  and  installation  of  an engine of any model year preceding the
    29  year of manufacture in a vehicle which was originally manufactured  with
    30  an engine covered by a certificate of conformity.
    31    [b. Any driver of a horse drawn cab found to have committed within any
    32  twelve-month period, in the aggregate, at least three violations of this
    33  subchapter  shall  have his or her license suspended by the commissioner
    34  for a period of not less than three months. For purposes of this  subdi-
    35  vision,  all violations written on any one day shall constitute a single
    36  violation.
    37    c. Notwithstanding the provisions of subdivision b  of  this  section,
    38  any driver of a horse drawn cab found to have committed within any twen-
    39  ty-four month period, in the aggregate, at least five violations of this
    40  subchapter  shall  have his or her license suspended by the commissioner
    41  for six months. For purposes of this subdivision, all violations written
    42  on any one day shall constitute a single violation.
    43    d. Notwithstanding the provisions of subdivisions  b  and  c  of  this
    44  section,  any  driver of a horse drawn cab found guilty of one violation
    45  of subdivision d of section 20-381.1  of  the  code  or  sections  three
    46  hundred  fifty-one,  three hundred fifty-three, three hundred fifty-five
    47  through three hundred sixty-two or three hundred sixty-nine of  the  New
    48  York  state  agriculture  and  markets  law  or who is found guilty of a
    49  violation of this subchapter while his  or  her  license  is  suspended,
    50  shall  have  his or her license revoked. A driver whose license has been
    51  revoked in accordance with this  provision  may  not  apply  for  a  new
    52  license for five years from the date of revocation.]
    53    §  24.  This  act  shall  take effect on the one hundred eightieth day
    54  after it shall have become a law.