Bill Text: NY A07684 | 2023-2024 | General Assembly | Introduced
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) 2024-01-03 - referred to cities [A07684 Detail]
Download: New_York-2023-A07684-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7684 2023-2024 Regular Sessions IN ASSEMBLY June 5, 2023 ___________ Introduced by M. of A. L. ROSENTHAL -- 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 to repeal 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. The eighth, eleventh, and thirteenth undesignated para- 2 graphs of section 17-326 of the administrative code of the city of New 3 York, as amended by local law number 203 of the city of New York for the 4 year 2019, are amended to read as follows: 5 Rental horse business. The term "rental horse business" means a busi- 6 ness enterprise which provides or offers the use of a horse to the 7 public for a fee for the purpose of riding [or drawing a horse drawn8vehicle or which operates a horse drawn vehicle for hire such as a horse9drawn cab]. 10 Under tack. The term "under tack" means that a horse is equipped for 11 riding [or driving]. 12 Work. A horse is considered to be at "work" when it is out of its 13 stable and presented to the public as being available for riding[, pull-14ing carriages, vehicles or other devices,] or when it is saddled or in 15 harness or when it is being ridden [or is pulling a carriage, vehicle or16device]. 17 § 2. The administrative code of the city of New York is amended by 18 adding a new section 17-326.1 to read as follows: 19 § 17-326.1 Carriage rides prohibited. It shall be unlawful to offer 20 rides to the public on a vehicle drawn or pulled by a carriage horse. 21 § 3. Subdivisions a and d of section 17-327 of the administrative code 22 of the city of New York, subdivision d as amended by local law number 80 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06473-01-3A. 7684 2 1 of the city of New York for the year 2020, 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 is9used in the operation of a horse drawn vehicle for hire such as a horse10drawn 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 the20operation of a "horse drawn cab" as defined in subchapter twenty-one of21chapter two of title twenty of this code shall include the identifica-22tion number required to be inscribed on such horses hoof pursuant to the23rules and regulations of the department of consumer and worker24protection.] The application shall be accompanied by the license or 25 renewal fee. 26 § 4. Section 17-329 of the administrative code of the city of New York 27 is amended to read as follows: 28 § 17-329 Disposition of licensed horse. a. The department shall be 29 notified of the transfer of ownership or other disposition of a licensed 30 horse within [ten] five days thereafter. Such notice shall include the 31 date of disposition and [if sold in New York city,] the name and address 32 of the buyer or other transferee and such other information as the 33 commissioner may prescribe. 34 b. A horse shall not be sold or disposed of except in a humane 35 manner[.], which, for the purposes of this subchapter shall mean one of 36 the following: 37 1. The owner shall sell or donate the horse to a private individual 38 who signs an assurance that the horse will not be sold and shall be kept 39 solely as a companion animal and not employed in another horse-drawn 40 carriage business or as a work horse and will be cared for humanely for 41 the remainder of the horse's natural life; or 42 2. The owner shall sell or donate the horse to a duly incorporated 43 animal sanctuary or duly incorporated animal protection organization 44 whose president or executive director signs an assurance that the horse 45 will not be sold and shall be kept solely as a companion animal and not 46 employed in another horse-drawn carriage business or as a work horse and 47 will be cared for humanely for the remainder of the horse's natural 48 life. 49 3. Records indicating the name, address and telephone number of the 50 private individual, duly incorporated animal sanctuary or duly incorpo- 51 rated animal protection organization to whom the horse was sold or 52 donated together with the assurance specified above shall be sent by the 53 owner to the department within five days after such sale or donation. A 54 copy of such record shall also be maintained at the stable. 55 § 5. Subdivisions g, h and l of section 17-330 of the administrative 56 code of the city of New York, subdivisions g and l as amended by localA. 7684 3 1 law number 10 of the city of New York for the year 2010, and subdivision 2 h as added by local law number 2 of the city of New York for the year 3 1994, are amended to read as follows: 4 g. [1. Carriage horses shall not be at work for more than nine hours5in any continuous twenty-four hour period.] Riding horses shall not be 6 at work for more than eight hours in any continuous twenty-four hour 7 period. Rest periods for [carriage horses and] riding horses shall be of 8 such duration and at such intervals as the commissioner shall 9 prescribe[, but rest periods for carriage horses shall in no event be10for less than fifteen minutes after each two hour working period, and11the time of such rest period shall be included in calculating the number12of hours the horse has worked in any twenty-four hour period. During13such rest periods, the person in charge of such carriage horses shall14make fresh water available to the horse.152. Carriage horses shall receive no less than five weeks of vacation16or furlough every twelve months at a horse stable facility which allows17daily access to paddock or pasture turnout. Proof of such vacation or18furlough shall be provided upon request to the department and/or the19ASPCA]. 20 h. [Carriage horses shall not be driven at a pace faster than a trot.] 21 Riding horses may be ridden at a canter but shall not be galloped. 22 l. An owner of a rental horse business shall keep such records as the 23 commissioner of health shall prescribe including but not limited to a 24 consecutive daily record of the movements of each licensed horse includ- 25 ing the [driver's name and identification number, if applicable,] 26 rider's name, the horse's identification number, [vehicle license plate27number, if applicable,] time of leaving stable and time of return to 28 stable. An owner of a rental horse business shall also keep written 29 protocols for emergencies, including but not limited to primary and 30 secondary emergency contact information for each horse owner and insur- 31 ance company information, if applicable. Such records shall be kept on 32 the premises of the stable where the horses are kept and shall be avail- 33 able for inspection. The commissioner may, in his or her discretion, 34 require a time clock, date stamp or time stamp where such commissioner 35 believes it is appropriate. 36 § 6. Subdivisions o and p of section 17-330 of the administrative code 37 of the city of New York are REPEALED. 38 § 7. Paragraph 1 of subdivision a of section 17-331 of the administra- 39 tive code of the city of New York is amended to read as follows: 40 1. Two members shall be appointed from among the owners of rental 41 horse businesses operating within the city[, one of whom shall be repre-42sentative of the interests of owners of riding horses and one of whom43shall be representative of the interests of owners of carriage horses]. 44 § 8. Subdivision a of section 17-334 of the administrative code of the 45 city of New York is REPEALED and subdivisions b and c are relettered 46 subdivisions a and b. 47 § 9. Section 17-334.1 of the administrative code of the city of New 48 York is REPEALED. 49 § 10. Sections 19-174 and 19-175 of the administrative code of the 50 city of New York are REPEALED. 51 § 11. Section 20-371 of the administrative code of the city of New 52 York, as amended by local law number 31 of the city of New York for the 53 year 1995, is amended to read as follows: 54 § 20-371 Licensing of sight-seeing buses[, horse drawn cabs and horse55drawn cab drivers]. Legislative findings. The legislative findings here- 56 tofore made in relation to the business of sight-seeing buses [and horseA. 7684 4 1drawn cabs] in the city of New York and set forth in local law number 2 ten of nineteen hundred sixty-four continue to be valid; such businesses 3 are vested with a public interest and their regulation and control 4 continue to be necessary and essential in order to cope with certain 5 evils and hazards which existed in the absence of governmental super- 6 vision. The supervision formerly was reposed in the police commissioner, 7 but recent experience and study indicate that jurisdiction over such 8 businesses should be transferred to the commissioner. [It is further9found that the present number of horse drawn cabs licensed in the city10of New York is adequate to meet the public need and demand and should be11preserved, unless the commissioner finds that additional licenses are12necessary and advisable.] 13 § 12. Subdivisions 1 and 3 of section 20-372 of the administrative 14 code of the city of New York, as amended by local law number 31 of the 15 city of New York for the year 1995, are amended to read as follows: 16 1. "Owner" shall include any person, firm, partnership, corporation or 17 association owning and operating a sight-seeing bus or buses, [or horse18drawn cab or cabs,] and shall include a purchaser under a reserve title 19 contract, conditional sales agreement or vendor's agreement and the 20 lessee of such vehicle or vehicles under a written lease or similar 21 contract provided such purchaser or lessee of sight-seeing bus or buses 22 shall be entitled to obtain in his or her name a license or licenses 23 therefor from the commissioner of motor vehicles of the state of New 24 York. 25 3. "Inspection card" shall designate the card issued by the commis- 26 sioner for the sight-seeing bus licensed [or horse drawn cab licensed], 27 which card shall display the license number and capacity of such vehi- 28 cle. 29 § 13. Subdivisions 5, 6, 7 and 8 of section 20-372 of the administra- 30 tive code of the city of New York are REPEALED and subdivisions 9, 10 31 and 11 are renumbered subdivisions 5, 6 and 7. 32 § 14. Subdivisions a and b of section 20-373 of the administrative 33 code of the city of New York are amended to read as follows: 34 a. It shall be unlawful to operate or permit another to operate for 35 hire a sight-seeing bus [or horse-drawn cab] within the city unless the 36 owner shall have first obtained a license therefor from the commission- 37 er. [An applicant for a horse-drawn cab license shall be at least eigh-38teen years of age.] 39 b. Fees. The original and renewal license fee for each sight-seeing 40 bus shall be fifty dollars [and for each horse-drawn cab shall be fifty41dollars]. 42 § 15. Subdivisions c and d of section 20-373 of the administrative 43 code of the city of New York are REPEALED. 44 § 16. Subdivisions a and b of section 20-374 of the administrative 45 code of the city of New York are amended to read as follows: 46 a. Any person, firm, partnership, corporation or association, owning 47 or operating a sight-seeing bus, or buses[, or horse-drawn cab, or cabs] 48 engaging in the business of transporting passengers in, about, over and 49 upon any of the streets, avenues, bridges, highways, boulevards or 50 public places within the limits of the city of New York, shall be issued 51 a license for each bus [or cab] so operating, provided, however any such 52 person, firm, partnership, corporation or association owning or operat- 53 ing a sight-seeing bus or buses, shall first have obtained a license or 54 licenses, as he or she shall be entitled to receive from the commission- 55 er of motor vehicles of the state of New York as made and provided by 56 law.A. 7684 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 licenses4for horse-drawn cabs may be transferred with the approval of the commis-5sioner. Upon voluntary sale or transfer of a licensed horse-drawn cab by6the holder of a license or his or her legal representative, the licensee7shall immediately notify the commissioner of his or her intention to8replace such horse-drawn cab, or shall surrender his or her license. If9the license is surrendered, the vendee or transferee may make applica-10tion to the commissioner for the licensing of the horse-drawn cab so11purchased. A new license shall then be issued by the commissioner in12place of the license so surrendered, provided the applicant has demon-13strated to the satisfaction of the commissioner that he or she is quali-14fied to assume the duties and obligations of a horse-drawn cab license]. 15 § 17. Subdivision c of section 20-374 of the administrative code of 16 the city of New York is REPEALED and subdivisions d and e are relettered 17 subdivisions c and d. 18 § 18. Section 20-375 of the administrative code of the city of New 19 York, as amended by local law number 2 of the city of New York for the 20 year 1994, is amended to read as follows: 21 § 20-375 License plate. Upon the payment of the license fee the 22 commissioner shall issue a license to the owner of the sightseeing bus 23 [or horse drawn cab] together with a license plate to be securely 24 affixed to a conspicuous and indispensable part of such sightseeing bus 25 [or securely and conspicuously affixed to the rear axle of such horse26drawn cab,] on which shall be clearly set forth the license number of 27 such sightseeing bus [or horse drawn cab]. The license plate issued to 28 the licensee may, in the discretion of the commissioner, be a plate of a 29 permanent nature with a replaceable date tag attached thereto, indicat- 30 ing the expiration date of the plate during each license year and the 31 issuance of such a plate with such date tag to a person possessing such 32 a plate, shall be deemed issuance of a license plate. Such license plate 33 and the replaceable date tag to be issued from year to year to be 34 attached thereto, shall be of such material, form, design and dimension 35 and set forth such distinguishing number or other identification marks 36 as the commissioner shall prescribe. The commissioner upon renewal of 37 the license hereunder, may continue the use of the license plate for as 38 many additional license years as he or she in his or her discretion may 39 determine, in which event he or she shall issue and deliver to the 40 licensee a replaceable date tag as evidence of renewal of the license, 41 which shall be attached or affixed in such manner as he or she may 42 prescribe by rule. The failure to affix or display such date tag in a 43 manner prescribed by the commissioner shall constitute a violation of 44 this section. In the event of the loss, mutilation or destruction of any 45 license plate or date tag issued hereunder, the owner may file such 46 statement and proof of facts as the commissioner shall require, with a 47 fee of twenty-five dollars, at the department, and the department shall 48 issue a duplicate or substitute license plate or date tag. 49 § 19. Sections 20-377 and 20-377.1 of the administrative code of the 50 city of New York are REPEALED. 51 § 20. Section 20-378 of the administrative code of the city of New 52 York is amended to read as follows: 53 § 20-378 Periodic inspection. The license department shall cause all 54 sight-seeing buses [and horse-drawn cabs] now, or hereafter licensed, to 55 be inspected at least once every four months. The date of suchA. 7684 6 1 inspection and the signature of the person making the inspection shall 2 be recorded upon the inspection card in the spaces provided therefor. 3 § 21. Section 20-379 of the administrative code of the city of New 4 York is amended to read as follows: 5 § 20-379 Form of inspection card. The commissioner shall prescribe an 6 appropriate form of inspection card for sight-seeing buses [and horse-7drawn cabs] and the manner in which such card and the sight-seeing bus 8 driver's [and horse-drawn cab driver's] identification cards shall be 9 displayed. 10 § 22. Sections 20-380, 20-381, 20-381.1, 20-381.2 and 20-382 of the 11 administrative code of the city of New York are REPEALED. 12 § 23. Section 20-383 of the administrative code of the city of New 13 York, as amended by local law number 2 of the city of New York for the 14 year 1994, the section number and the section heading as amended by 15 local law number 41 of the city of New York for the year 2005 and subdi- 16 vision a as amended by local law number 175 of the city of New York for 17 the year 2018, is amended to read as follows: 18 § 20-383 Suspensions and revocations. [a.] After notice and opportu- 19 nity to be heard, the commissioner may suspend or revoke any sight-see- 20 ing bus license where the holder has failed to comply with any of the 21 provisions of this subchapter or of the rules promulgated thereunder, or 22 with any other laws or rules governing sight-seeing buses, or which 23 sight-seeing bus is otherwise found to be unfit for operation. Such 24 suspension shall remain in effect until compliance and fitness have been 25 established by the licensee and accepted by the department. Grounds for 26 suspension or revocation shall include, but not be limited to, revoca- 27 tion of one or more bus stop authorizations by the commissioner of 28 transportation pursuant to section 19-175.6 of this code, three or more 29 violations of paragraph 2 of subdivision [e] d of section 20-374 of this 30 subchapter within a two year period, installation of an engine which 31 does not meet the requirements of subdivision b of section 20-376 of 32 this subchapter, being found to have violated the requirements for 33 diesel fuel-powered sight-seeing buses contained in section 24-163.6 of 34 the administrative code, failure to submit a bus for inspection, instal- 35 lation of an engine not covered by a certificate of conformity in a 36 vehicle which was originally manufactured with such an engine and 37 installation of an engine of any model year preceding the year of manu- 38 facture in a vehicle which was originally manufactured with an engine 39 covered by a certificate of conformity. The commissioner shall, as soon 40 as practicable, notify the commissioner of transportation of each sight- 41 seeing bus license that is suspended or revoked. 42 [b. Any driver of a horse drawn cab found to have committed within any43twelve-month period, in the aggregate, at least three violations of this44subchapter shall have his or her license suspended by the commissioner45for a period of not less than three months. For purposes of this subdi-46vision, all violations written on any one day shall constitute a single47violation.48c. Notwithstanding the provisions of subdivision b of this section,49any driver of a horse drawn cab found to have committed within any twen-50ty-four month period, in the aggregate, at least five violations of this51subchapter shall have his or her license suspended by the commissioner52for six months. For purposes of this subdivision, all violations written53on any one day shall constitute a single violation.54d. Notwithstanding the provisions of subdivisions b and c of this55section, any driver of a horse drawn cab found guilty of one violation56of subdivision d of section 20-381.1 of the code or sections threeA. 7684 7 1hundred fifty-one, three hundred fifty-three, three hundred fifty-five2through three hundred sixty-two or three hundred sixty-nine of the New3York state agriculture and markets law or who is found guilty of a4violation of this subchapter while his or her license is suspended,5shall have his or her license revoked. A driver whose license has been6revoked in accordance with this provision may not apply for a new7license for five years from the date of revocation.] 8 § 24. This act shall take effect on the one hundred eightieth day 9 after it shall have become a law.
