NY State Senate Bill 2011-S4342

Senate Bill S4342

2011-2012 Legislative Session

Directs the department of agriculture and markets to inspect the condition of certain horse stalls in the city of New York

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2012	print number 4342a
Jun 06, 2012	amend and recommit to finance
Jun 05, 2012	reported and committed to finance
Jan 04, 2012	referred to agriculture
Mar 30, 2011	referred to agriculture

Votes

- Jun 5, 2012 - Agriculture Committee Vote
  S4342
  
  9
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Jun 5, 2012
      
      aye (9)
      
      Avella
      
      Gallivan
      
      Huntley
      
      Kennedy
      
      O'Mara
      
      Ritchie
      
      Seward
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Ranzenhofer

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S4342 - Details

See Assembly Version of this Bill:: A3317
Current Committee:: Senate Finance
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §359-b, Ag & Mkts L; amd §17-330, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8068, A11699
2013-2014: S4382, A129
2015-2016: S3849

2011-S4342 - Summary

Directs the department of agriculture and markets to inspect the condition of certain horse stalls in cities with a population of one million or more.

2011-S4342 - Sponsor Memo

                                BILL NUMBER:S4342

TITLE OF BILL:

An act
to amend the agriculture and markets law and the administrative code of
the city of New York, in relation to the inspection of certain horse
stables in cities of one million or more

PURPOSE:

To direct the department of agriculture and markets to inspect the
condition of certain horse stalls in New York City.

SUMMARY OF PROVISIONS:

Section one amends the agriculture and markets law by adding a new
section 359-b: Inspection of certain horse stables in cities of one
million or more.

Section two amends section 17-330 of the Administrative Code of the
City of New York.

Section three is the effective date.

JUSTIFICATION:

The past two decades have seen a tremendous loss of recreational
equine facilities and opportunities within New York City. New York
State must, at this time, protect, promote, and stabilize what is
left of the equine industry within our great state. By doing so, this
industry will continue to contribute to the City and State economy.

This bill is intended to halt the devastating depletion of
recreational horse industries by giving authority over inspection,
health and safety to New York State's Department of Agriculture and
Markets.
Action must be taken to stabilize and stimulate the horse industry for
the enjoyment of our next generation of horse enthusiasts, continued
equine attractions for the enjoyment of the public and availability
of this great recreation for the people of the City of New York.

The equine community/industry of the City of New York has proven,
without question, their ability to govern themselves without
incidents; including-but not limited to protecting the health of the
public, ensuring biological security and preventing contagious
zoonotic diseases or the possibility of epidemics.

This bill will create one statewide uniform standard governing the
inspection, health and safety of the recreational horse industry in
New York State. This measure will relieve the City of New York and
its agencies including the New York City Department of Health and
Mental Hygiene from the burdensome enforcement of unique standards
upon Rental Horses, Lesson Horses and Boarding! Lesson Stables. Due
to the decrease in the size of the industry within New York City
there is a financial drain on the city for the continuing involvement


of the various city bureaus. With this bill, standards will be
determined and applied by agencies staffed, tasked and capable of
providing such standards including the New York State Department of
Agriculture and Markets and the American Society for the Prevention
of Cruelty to Animals.

LEGISLATIVE HISTORY:

2010: S.8068 - Referred to Rules/A.11699 - Referred to Agriculture.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect on the first day of January next succeeding
the date on which it shall have become law.

2011-S4342 - Bill Text download pdf

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

                                  4342

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 30, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and  the  administrative
  code of the city of New York, in relation to the inspection of certain
  horse stables in cities of one million or more

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

  Section 1. The agriculture and markets law is amended by adding a  new
section 359-b to read as follows:
  S  359-B. INSPECTION OF CERTAIN HORSE STABLES IN CITIES OF ONE MILLION
OR MORE. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY TO:
  (A) HORSE STABLES IN CITIES HAVING A  POPULATION  OF  ONE  MILLION  OR
MORE; AND
  (B)  HORSE  STABLES  FOR  RIDING HORSES, THE BOARDING OF HORSES OR FOR
HORSES USED FOR RIDING LESSONS.
  2. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO APPLY  TO  CARRIAGE
HORSES  OR  ANY  HORSE  THAT IS SUBJECT TO THE PROVISIONS OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW.
  3. THE DEPARTMENT SHALL, AT A  MINIMUM,  MAKE  YEARLY  INSPECTIONS  OF
HORSE STABLES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
  4. (A) HORSES SHALL BE HOUSED IN STABLES WHICH SHALL BE CONSTRUCTED SO
AS  TO  BE  STRUCTURALLY SOUND. SUCH STABLES SHALL BE MAINTAINED IN GOOD
REPAIR TO CONTAIN THE HORSE HOUSED THEREIN AND PROTECT IT FROM INJURY.
  (B) STABLES  SHALL  PROVIDE  SUFFICIENT  SPACE  TO  ALLOW  EACH  HORSE
ADEQUATE  FREEDOM  OF  MOVEMENT  TO  MAKE  NORMAL  POSTURAL ADJUSTMENTS,
INCLUDING THE ABILITY TO STAND UP, TURN AROUND AND  LIE  DOWN  WITH  ITS
LIMBS OUTSTRETCHED.
  (C) STABLES SHALL BE ADEQUATELY VENTILATED AT ALL TIMES TO PROVIDE FOR
THE HEALTH AND WELL-BEING OF THE HORSE. VENTILATION SHALL BE PROVIDED BY
NATURAL  OR MECHANICAL MEANS, SUCH AS WINDOWS, VENTS, FANS OR AIR CONDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00585-01-1

S. 4342                             2

TIONERS. VENTILATION SHALL BE ESTABLISHED TO MINIMIZE DRAFTS, ODORS  AND
MOISTURE CONDENSATION.
  (D) THE TEMPERATURE SURROUNDING THE HORSE SHALL BE COMPATIBLE WITH THE
HEALTH  AND  WELL-BEING OF SUCH HORSE. TEMPERATURE SHALL BE REGULATED BY
HEATING AND COOLING TO SUFFICIENTLY PROTECT EACH HORSE FROM EXTREMES  OF
TEMPERATURE AND SHALL NOT BE PERMITTED TO FALL BELOW OR RISE ABOVE RANG-
ES  WHICH  WOULD  POSE  A HEALTH HAZARD TO THE HORSE. THIS SHALL INCLUDE
SUPPLYING SHADE FROM SUNLIGHT BY NATURAL OR ARTIFICIAL MEANS.
  (E) INDOOR STABLES SHALL BE PROVIDED WITH ADEQUATE LIGHTING SUFFICIENT
TO PERMIT ROUTINE INSPECTION AND CLEANING, AND BE ARRANGED SO THAT  EACH
HORSE  IS  PROTECTED  FROM  EXCESSIVE  ILLUMINATION WHICH POSES A HEALTH
HAZARD TO SUCH HORSE.
  (F) STABLES SHALL BE DESIGNED TO ALLOW FOR  EFFICIENT  ELIMINATION  OF
WASTE  AND  WATER  IN  ORDER TO KEEP THE HORSE DRY AND PREVENT THE HORSE
FROM COMING INTO CONTACT WITH THESE SUBSTANCES. IF DRAINS ARE USED, THEY
SHALL BE CONSTRUCTED IN A MANNER TO MINIMIZE FOUL ODORS  AND  BACKUP  OF
SEWAGE.  IF  A  DRAINAGE  SYSTEM  IS USED, IT SHALL COMPLY WITH FEDERAL,
STATE AND LOCAL LAWS RELATING TO POLLUTION CONTROL.
  5. STABLES SHALL BE KEPT IN A CLEAN CONDITION IN ORDER TO  MAINTAIN  A
HEALTHY  ENVIRONMENT  FOR  THE  HORSE.  THIS  SHALL INCLUDE REMOVING AND
DESTROYING ANY AGENTS INJURIOUS TO THE HEALTH OF THE HORSE AND  PERIODIC
CLEANINGS.  UNDER  NO CIRCUMSTANCES SHALL A HORSE REMAIN INSIDE A STABLE
WHILE IT IS BEING CLEANED WITH STERILIZING AGENTS  OR  AGENTS  TOXIC  TO
HORSES,  OR CLEANED IN A MANNER LIKELY TO THREATEN THE HEALTH AND SAFETY
OF THE HORSE.
  6. (A) HORSES SHALL BE PROVIDED WITH  WHOLESOME  AND  PALATABLE  FOOD,
FREE  FROM CONTAMINATION AND OF NUTRITIONAL VALUE SUFFICIENT TO MAINTAIN
EACH HORSE IN GOOD HEALTH.
  (B) HORSES SHALL BE ADEQUATELY FED AT INTERVALS NOT TO  EXCEED  TWELVE
HOURS  OR  AT  LEAST  TWICE IN ANY TWENTY-FOUR HOUR PERIOD IN QUANTITIES
APPROPRIATE FOR THE HORSE BREED AND AGE.
  (C) FOOD RECEPTACLES  SHALL  BE  PROVIDED  IN  SUFFICIENT  NUMBER,  OF
ADEQUATE  SIZE,  AND  SO  LOCATED AS TO ENABLE EACH HORSE TO BE SUPPLIED
WITH AN ADEQUATE AMOUNT OF FOOD.
  (D) HORSES SHALL BE PROVIDED  WITH  REGULAR  ACCESS  TO  CLEAN,  FRESH
WATER, SUPPLIED IN A SANITARY MANNER SUFFICIENT FOR THEIR NEEDS.
  7.  THE  COMMISSIONER IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS HE OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
  8. VIOLATION OF ANY PROVISION OF THIS SECTION OR  ANY  RULE  OR  REGU-
LATION  PROMULGATED PURSUANT THERETO SHALL BE A CIVIL OFFENSE PUNISHABLE
BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN  ONE  THOU-
SAND DOLLARS.
  S  2.  Section  17-330  of  the administrative code of the city of New
York, as added by local law number 2 of the city of  New  York  for  the
year  1994, subdivisions b, c, g, l, n and p as amended and subdivisions
q and r as added by local law number 10 of the city of New York for  the
year 2010, is amended to read as follows:
  S  17-330  Regulations.  a.  The  commissioner, with the advice of the
advisory board as hereinafter established AND SUBJECT TO THE  PROVISIONS
OF  SECTION  THREE  HUNDRED  FIFTY-NINE-B OF THE AGRICULTURE AND MARKETS
LAW, shall promulgate such regulations as are necessary to carry out the
provisions of this subchapter and to promote the health, safety and well
being of the horses which are required to be licensed hereunder  and  of
members of the public who hire such horses.

S. 4342                             3

  b.  1.  Horses  shall not be left untethered or unattended except when
confined in a stable or other enclosure. When tethered, all horses shall
be secured by the use of a rope attached to the halter, not to  the  bit
or bridle.
  2.  Horse  bridles and halters shall be used on carriage horses at all
times when operating a carriage.
  c. Standing stalls for carriage horses shall be sixty square  feet  or
larger,  with  a minimum width of seven feet, and shall be configured to
permit a carriage horse to turn around and safely lay  down  within  the
stall.  Horses  shall  be un-tied when stabled. A halter shall be on the
horse or hung outside each stall at all times.
  d. Horses shall be adequately quartered. Stables and stalls  shall  be
clean  and  dry and sufficient bedding of straw, shavings or other suit-
able materials shall be furnished and changed as often as  necessary  to
maintain  them in a clean and dry condition. Adequate heating and venti-
lation shall be maintained in stables as prescribed by the  [commission-
er] STATE DEPARTMENT OF AGRICULTURE AND MARKETS.
  e. Owners shall insure that appropriate and sufficient food and drink-
ing water are available for each horse and that while working each horse
is permitted to eat and drink at reasonable intervals.
  f.  Owners  shall  not allow a horse to be worked on a public highway,
path or street during adverse  weather  or  other  dangerous  conditions
which  are  a threat to the health or safety of the horse. A horse being
worked when such conditions develop shall be immediately returned to the
stable by the most direct route.
  g. 1. Carriage horses shall not be at work for more than nine hours in
any continuous twenty-four hour period. Riding horses shall  not  be  at
work  for more than eight hours in any continuous twenty-four hour peri-
od. Rest periods for carriage horses and riding horses shall be of  such
duration  and at such intervals as the commissioner shall prescribe, but
rest periods for carriage horses shall in no  event  be  for  less  than
fifteen minutes after each two hour working period, and the time of such
rest  period  shall  be  included in calculating the number of hours the
horse has worked in any twenty-four hour period. During such rest  peri-
ods, the person in charge of such carriage horses shall make fresh water
available to the horse.
  2.  Carriage  horses shall receive no less than five weeks of vacation
or furlough every twelve months at a horse stable facility which  allows
daily  access  to  paddock or pasture turnout. Proof of such vacation or
furlough shall be provided upon request to  the  department  and/or  the
ASPCA.
  h.  Carriage  horses shall not be driven at a pace faster than a trot.
Riding horses may be ridden at a canter but shall not be galloped.
  i. Horses shall be suitably trimmed or  shod,  and  saddles,  bridles,
bits,  road harnesses and any other equipment used on or with a horse at
work shall be maintained and properly fitted as prescribed by regulation
of the commissioner.
  j. Stables in which horses used in a rental horse  business  are  kept
shall  be  open for inspection by authorized officers, veterinarians and
employees of the STATE department OF AGRICULTURE AND  MARKETS,  and  any
persons  designated by the STATE commissioner OF AGRICULTURE AND MARKETS
to enforce the provisions of [this  subchapter,  agents  of  the  ASPCA,
police  officers,  and  employees of the department of consumer affairs]
THE STATE AGRICULTURE AND MARKETS LAW.
  k. An owner shall be jointly liable with the person to whom a horse is
rented for any violation  of  this  subchapter  or  of  any  regulations

S. 4342                             4

promulgated  hereunder  committed  by such person if the owner had know-
ledge or notice of the act which gave rise to the violation at the  time
of or prior to its occurrence or under the circumstances should have had
knowledge  or  notice of such act and did not attempt to prevent it from
occurring.
  l. An owner of a rental horse business shall keep such records as  the
commissioner  of  health  shall prescribe including but not limited to a
consecutive daily record of the movements of each licensed horse includ-
ing the driver's name and identification number, if applicable,  rider's
name,  the  horse's identification number, vehicle license plate number,
if applicable, time of leaving stable and time of return to  stable.  An
owner  of  a rental horse business shall also keep written protocols for
emergencies, including but not limited to primary and secondary emergen-
cy contact information for each horse owner and insurance company infor-
mation, if applicable. Such records shall be kept on the premises of the
stable where the horses are kept and shall be available for  inspection.
The  commissioner  may,  in his or her discretion, require a time clock,
date stamp or time stamp where such commissioner believes it  is  appro-
priate.
  m.  A  horse required to be licensed pursuant to this subchapter which
is lame or suffers from  a  physical  condition  or  illness  making  it
unsuitable  for  work  may  be  ordered  to  be removed from work by the
commissioner or his or her designee or by an agent of  the  ASPCA  or  a
veterinarian  employed  or  retained  by  such  commissioner or ASPCA to
inspect licensed horses. A horse for which such an order has been issued
shall not be returned to work until it has recovered from the  condition
which  caused  the  issuance  of  the  order or until such condition has
improved sufficiently that its return to work  will  not  aggravate  the
condition or otherwise endanger the health of the horse. In any proceed-
ing, under this section it shall be presumed that a horse which is found
at  work  within  forty-eight  hours  after  the issuance of an order of
removal and which is disabled by the same condition  which  caused  such
order  to  be  issued  has  been  returned  to work in violation of this
section. Such presumption may be rebutted by offering a certificate of a
veterinarian indicating suitability to return to work prior to the expi-
ration of the forty-eight hour period.
  n. Every horse required to be licensed hereunder shall be examined  by
a  veterinarian  prior to its use in a rental horse business, at time of
each license renewal, and thereafter at intervals of not less than  four
months  and not greater than eight months. The examination shall include
the general physical condition of the horse, its teeth, hoofs and shoes,
its stamina and physical ability to perform the work or duties  required
of  it,  and  whether it is current on vaccinations, including those for
rabies, Eastern/Western equine encephalitis, West Nile virus, Rhinopneu-
monitis virus, and tetanus, or any other vaccinations  the  Commissioner
may  require by rule. The examination shall also include a record of any
injury, disease, or deficiency observed by the veterinarian at the time,
together with any prescription or humane correction  or  disposition  of
the  same.  A  signed  health  certificate by the examining veterinarian
shall be maintained at the  stable  premises  at  which  such  horse  is
located  and shall be displayed on the outside of the such horse's indi-
vidual stall. An original of said certificate shall  be  mailed  by  the
examining veterinarian to the department.
  o. 1. Carriage horses shall not be worked whenever the air temperature
is 18 degrees fahrenheit or below.

S. 4342                             5

  2. Carriage horses shall not be worked whenever the air temperature is
90 degrees fahrenheit or above.
  3. For purposes of this subdivision, temperatures shall be those meas-
ured by a state-of-the-art thermometer, as determined by the commission-
er,  as  measured  by  the commissioner or his or her designee at street
level at one of the stands designated pursuant to section 19-174 of  the
code.
  4.  If  the  temperature  exceeds  the  limits set by this subdivision
during the course of a particular ride, at the ride's conclusion, but no
later than one-half hour after the temperature exceeds these limits, the
operator must immediately cease working, move the horse to  an  area  of
shelter,  where  available,  rest the horse and then walk it directly to
its stable. All horses so returned to their stable must be unbridled and
unharnessed and remain at the stable for at least one hour,  and  there-
after,  until such time as the weather conditions shall once again reach
acceptable limits.
  5. No violation of this subdivision shall occur unless a written warn-
ing of violation is first issued by the authorized enforcement personnel
to the operator advising that the air temperature limits of this  subdi-
vision  have been exceeded and directing that the operator cease working
a carriage horse in accordance with the provisions of this  subdivision.
A  violation  of  this subdivision may be issued if an operator fails to
comply with the direction contained in the written warning of violation.
Failure to comply with such direction shall not be construed as a  sepa-
rate violation.
  p.  Every  carriage  horse  required to be licensed hereunder shall be
equipped with a manure catching device. Such devices shall be affixed or
attached to the carriage and shall at no time be affixed or attached  to
the horse.
  q.  Carriage  horses  shall not be younger than five years at the time
placed into service in  any  rental  horse  business  and  licensed.  No
carriage horse older than 26 years of age shall be licensed to work in a
rental  horse  business.  Acceptable proof of age shall include a signed
letter from a licensed veterinarian stating the horse's age,  a  certif-
icate  from an officially recognized national registry of horses stating
the horse's age, or another industry approved method of certifying age.
  r. Owners shall insure that during  the  months  of  November  through
April every carriage is equipped with a heavy winter horse blanket large
enough  to cover the horse from crest of neck to top of rump. Such blan-
kets shall be used to cover carriage horses in cold weather.  Waterproof
horse blankets of a lighter material shall be provided at all  times  to
cover  the horse from withers to tail during periods of wet weather when
the air temperature is 55 degrees or below.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

co-Sponsors

2011-S4342A (ACTIVE) - Details

See Assembly Version of this Bill:: A3317
Current Committee:: Senate Finance
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §359-b, Ag & Mkts L; amd §17-330, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8068, A11699
2013-2014: S4382, A129
2015-2016: S3849

2011-S4342A (ACTIVE) - Summary

Directs the department of agriculture and markets to inspect the condition of certain horse stalls in cities with a population of one million or more.

2011-S4342A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4342A

TITLE OF BILL:
An act
to amend the agriculture and markets law and the administrative code of
the city of New York, in relation to the inspection of certain horse
stables in cities of one million or more

PURPOSE:
Directs the department of agriculture and markets to inspect the
condition of certain horse stalls in New York City.

SUMMARY OF PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 359-b:
Inspection of certain horse stables in cities of one million or more.

Section two amends section 17-330 of the Administrative Code of the
City of New York, as added by local law number 2 of the city of New
York for the year 1994, subdivisions b, c, g, 1, n and p as amended
and subdivisions q and r as added by local law number 10 of the city
of New York for the year 2010.

Section three is the effective date.

JUSTIFICATION:

The past two decades have seen a tremendous loss of recreational
equine facilities and opportunities within New York City. New York
State must, at this time, protect, promote, and stabilize what is
left of the equine industry within our great state. By doing so, this
industry will continue to contribute to the City and State economy.

This bill is intended to halt the devastating depletion of
recreational horse industries by giving authority over inspection,
health and safety to New York State's Department of Agriculture and
Markets. Action must be taken to stabilize and stimulate the horse
industry for the enjoyment of our next generation of horse
enthusiasts, continued equine attractions for the enjoyment of the
public and availability of this great recreation for the people of
the City of New York.

The equine community/industry of the City of New York has proven,
without question, their ability to govern themselves without
incidents; including-but not limited to protecting the health of the
public, ensuring biological security and preventing contagious
zoonotic diseases or the possibility of epidemics.

This bill will create one statewide uniform standard governing the
inspection, health and safety of the recreational horse industry in
New York State. This measure will relieve the City of New York and
its agencies including the New York City Department of Health and

Mental Hygiene from the burdensome enforcement of unique standards
upon Rental Horses, Lesson Horses and Boarding/Lesson Stables. Due to
the decrease in the size of the industry within New York City there
is a financial drain on the city for the continuing involvement of
the various city bureaus. With this bill, standards will be
determined and applied by agencies staffed, tasked and capable of
providing such standards including the New York State Department of
Agriculture and Markets and the American Society for the Prevention
of Cruelty to Animals.

LEGISLATIVE HISTORY:
2010: S.8068 - Referred to Rules/A.12699 - Referred to Agriculture.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect on the first day of January next succeeding
the date on which it shall have become law.

2011-S4342A (ACTIVE) - Bill Text download pdf

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

                                 4342--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 30, 2011
                               ___________

Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
  when printed to be committed to the Committee on Agriculture -- recom-
  mitted  to the Committee on Agriculture in accordance with Senate Rule
  6, sec. 8 -- reported favorably from said committee and  committed  to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the agriculture and markets law and  the  administrative
  code of the city of New York, in relation to the inspection of certain
  horse stables in cities of one million or more

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

  Section 1. The agriculture and markets law is amended by adding a  new
section 359-b to read as follows:
  S  359-B. INSPECTION OF CERTAIN HORSE STABLES IN CITIES OF ONE MILLION
OR MORE. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY TO:
  (A) HORSE STABLES IN CITIES HAVING A  POPULATION  OF  ONE  MILLION  OR
MORE; AND
  (B)  HORSE  STABLES  FOR  RIDING HORSES, THE BOARDING OF HORSES OR FOR
HORSES USED FOR RIDING LESSONS IN CITIES  HAVING  A  POPULATION  OF  ONE
MILLION OR MORE.
  2.  NO  PROVISION OF THIS SECTION SHALL BE DEEMED TO APPLY TO CARRIAGE
HORSES OR ANY HORSE THAT IS SUBJECT TO THE  PROVISIONS  OF  THE  RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW.
  3.  THE  DEPARTMENT  SHALL,  AT  A MINIMUM, MAKE YEARLY INSPECTIONS OF
HORSE STABLES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
  4. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE SUCH RULES  AND  REGU-
LATIONS AS HE OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
  5.  VIOLATION  OF  ANY  PROVISION OF THIS SECTION OR ANY RULE OR REGU-
LATION PROMULGATED PURSUANT THERETO SHALL BE A CIVIL OFFENSE  PUNISHABLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00585-04-2

S. 4342--A                          2

BY  A  FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE THOU-
SAND DOLLARS.
  S  2.  Section  17-330  of  the administrative code of the city of New
York, as added by local law number 2 of the city of  New  York  for  the
year  1994, subdivisions b, c, g, l, n and p as amended and subdivisions
q and r as added by local law number 10 of the city of New York for  the
year 2010, is amended to read as follows:
  S  17-330  Regulations.  a.  The  commissioner, with the advice of the
advisory board as hereinafter established AND SUBJECT TO THE  PROVISIONS
OF  SECTION  THREE  HUNDRED  FIFTY-NINE-B OF THE AGRICULTURE AND MARKETS
LAW, shall promulgate such regulations as are necessary to carry out the
provisions of this subchapter and to promote the health, safety and well
being of the horses which are required to be licensed hereunder  and  of
members of the public who hire such horses.
  b.  1.  Horses  shall not be left untethered or unattended except when
confined in a stable or other enclosure. When tethered, all horses shall
be secured by the use of a rope attached to the halter, not to  the  bit
or bridle.
  2.  Horse  bridles and halters shall be used on carriage horses at all
times when operating a carriage.
  c. Standing stalls for carriage horses shall be sixty square  feet  or
larger,  with  a minimum width of seven feet, and shall be configured to
permit a carriage horse to turn around and safely lay  down  within  the
stall.  Horses  shall  be un-tied when stabled. A halter shall be on the
horse or hung outside each stall at all times.
  d. Horses shall be adequately quartered. Stables and stalls  shall  be
clean  and  dry and sufficient bedding of straw, shavings or other suit-
able materials shall be furnished and changed as often as  necessary  to
maintain  them in a clean and dry condition. Adequate heating and venti-
lation shall be maintained in stables as prescribed by the  [commission-
er] STATE DEPARTMENT OF AGRICULTURE AND MARKETS.
  e. Owners shall insure that appropriate and sufficient food and drink-
ing water are available for each horse and that while working each horse
is permitted to eat and drink at reasonable intervals.
  f.  Owners  shall  not allow a horse to be worked on a public highway,
path or street during adverse  weather  or  other  dangerous  conditions
which  are  a threat to the health or safety of the horse. A horse being
worked when such conditions develop shall be immediately returned to the
stable by the most direct route.
  g. 1. Carriage horses shall not be at work for more than nine hours in
any continuous twenty-four hour period. Riding horses shall  not  be  at
work  for more than eight hours in any continuous twenty-four hour peri-
od. Rest periods for carriage horses and riding horses shall be of  such
duration  and at such intervals as the commissioner shall prescribe, but
rest periods for carriage horses shall in no  event  be  for  less  than
fifteen minutes after each two hour working period, and the time of such
rest  period  shall  be  included in calculating the number of hours the
horse has worked in any twenty-four hour period. During such rest  peri-
ods, the person in charge of such carriage horses shall make fresh water
available to the horse.
  2.  Carriage  horses shall receive no less than five weeks of vacation
or furlough every twelve months at a horse stable facility which  allows
daily  access  to  paddock or pasture turnout. Proof of such vacation or
furlough shall be provided upon request to  the  department  and/or  the
ASPCA.

S. 4342--A                          3

  h.  Carriage  horses shall not be driven at a pace faster than a trot.
Riding horses may be ridden at a canter but shall not be galloped.
  i.  Horses  shall  be  suitably trimmed or shod, and saddles, bridles,
bits, road harnesses and any other equipment used on or with a horse  at
work shall be maintained and properly fitted as prescribed by regulation
of the commissioner.
  j.  Stables  in  which horses used in a rental horse business are kept
shall be open for inspection by authorized officers,  veterinarians  and
employees  of  the  STATE department OF AGRICULTURE AND MARKETS, and any
persons designated by the STATE commissioner OF AGRICULTURE AND  MARKETS
to  enforce  the provisions of this subchapter AND THE STATE AGRICULTURE
AND MARKETS LAW, agents of the ASPCA, police officers, and employees  of
the department of consumer affairs.
  k. An owner shall be jointly liable with the person to whom a horse is
rented  for  any  violation  of  this  subchapter  or of any regulations
promulgated hereunder committed by such person if the  owner  had  know-
ledge  or notice of the act which gave rise to the violation at the time
of or prior to its occurrence or under the circumstances should have had
knowledge or notice of such act and did not attempt to prevent  it  from
occurring.
  l.  An owner of a rental horse business shall keep such records as the
commissioner of health shall prescribe including but not  limited  to  a
consecutive daily record of the movements of each licensed horse includ-
ing  the driver's name and identification number, if applicable, rider's
name, the horse's identification number, vehicle license  plate  number,
if  applicable,  time of leaving stable and time of return to stable. An
owner of a rental horse business shall also keep written  protocols  for
emergencies, including but not limited to primary and secondary emergen-
cy contact information for each horse owner and insurance company infor-
mation, if applicable. Such records shall be kept on the premises of the
stable  where the horses are kept and shall be available for inspection.
The commissioner may, in his or her discretion, require  a  time  clock,
date  stamp  or time stamp where such commissioner believes it is appro-
priate.
  m. A horse required to be licensed pursuant to this  subchapter  which
is  lame  or  suffers  from  a  physical  condition or illness making it
unsuitable for work may be ordered  to  be  removed  from  work  by  the
commissioner  or  his  or  her designee or by an agent of the ASPCA or a
veterinarian employed or retained  by  such  commissioner  or  ASPCA  to
inspect licensed horses. A horse for which such an order has been issued
shall  not be returned to work until it has recovered from the condition
which caused the issuance of the  order  or  until  such  condition  has
improved  sufficiently  that  its  return to work will not aggravate the
condition or otherwise endanger the health of the horse. In any proceed-
ing, under this section it shall be presumed that a horse which is found
at work within forty-eight hours after  the  issuance  of  an  order  of
removal  and  which  is disabled by the same condition which caused such
order to be issued has been  returned  to  work  in  violation  of  this
section. Such presumption may be rebutted by offering a certificate of a
veterinarian indicating suitability to return to work prior to the expi-
ration of the forty-eight hour period.
  n.  Every horse required to be licensed hereunder shall be examined by
a veterinarian prior to its use in a rental horse business, at  time  of
each  license renewal, and thereafter at intervals of not less than four
months and not greater than eight months. The examination shall  include
the general physical condition of the horse, its teeth, hoofs and shoes,

S. 4342--A                          4

its  stamina and physical ability to perform the work or duties required
of it, and whether it is current on vaccinations,  including  those  for
rabies, Eastern/Western equine encephalitis, West Nile virus, Rhinopneu-
monitis  virus,  and tetanus, or any other vaccinations the Commissioner
may require by rule. The examination shall also include a record of  any
injury, disease, or deficiency observed by the veterinarian at the time,
together  with  any  prescription or humane correction or disposition of
the same. A signed health  certificate  by  the  examining  veterinarian
shall  be  maintained  at  the  stable  premises  at which such horse is
located and shall be displayed on the outside of the such horse's  indi-
vidual  stall.  An  original  of said certificate shall be mailed by the
examining veterinarian to the department.
  o. 1. Carriage horses shall not be worked whenever the air temperature
is 18 degrees fahrenheit or below.
  2. Carriage horses shall not be worked whenever the air temperature is
90 degrees fahrenheit or above.
  3. For purposes of this subdivision, temperatures shall be those meas-
ured by a state-of-the-art thermometer, as determined by the commission-
er, as measured by the commissioner or his or  her  designee  at  street
level  at one of the stands designated pursuant to section 19-174 of the
code.
  4. If the temperature exceeds  the  limits  set  by  this  subdivision
during the course of a particular ride, at the ride's conclusion, but no
later than one-half hour after the temperature exceeds these limits, the
operator  must  immediately  cease working, move the horse to an area of
shelter, where available, rest the horse and then walk  it  directly  to
its stable. All horses so returned to their stable must be unbridled and
unharnessed  and  remain at the stable for at least one hour, and there-
after, until such time as the weather conditions shall once again  reach
acceptable limits.
  5. No violation of this subdivision shall occur unless a written warn-
ing of violation is first issued by the authorized enforcement personnel
to  the operator advising that the air temperature limits of this subdi-
vision have been exceeded and directing that the operator cease  working
a  carriage horse in accordance with the provisions of this subdivision.
A violation of this subdivision may be issued if an  operator  fails  to
comply with the direction contained in the written warning of violation.
Failure  to comply with such direction shall not be construed as a sepa-
rate violation.
  p. Every carriage horse required to be  licensed  hereunder  shall  be
equipped with a manure catching device. Such devices shall be affixed or
attached  to the carriage and shall at no time be affixed or attached to
the horse.
  q. Carriage horses shall not be younger than five years  at  the  time
placed  into  service  in  any  rental  horse  business and licensed. No
carriage horse older than 26 years of age shall be licensed to work in a
rental horse business. Acceptable proof of age shall  include  a  signed
letter  from  a licensed veterinarian stating the horse's age, a certif-
icate from an officially recognized national registry of horses  stating
the horse's age, or another industry approved method of certifying age.
  r.  Owners  shall  insure  that  during the months of November through
April every carriage is equipped with a heavy winter horse blanket large
enough to cover the horse from crest of neck to top of rump. Such  blan-
kets shall be used to cover carriage horses in cold weather.  Waterproof
horse  blankets  of a lighter material shall be provided at all times to

S. 4342--A                          5

cover the horse from withers to tail during periods of wet weather  when
the air temperature is 55 degrees or below.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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Senate Bill S4342

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Tony Avella

2011-S4342 - Details

2011-S4342 - Summary

2011-S4342 - Sponsor Memo

2011-S4342 - Bill Text download pdf

co-Sponsors

Tony Avella

2011-S4342A (ACTIVE) - Details

2011-S4342A (ACTIVE) - Summary

2011-S4342A (ACTIVE) - Sponsor Memo

2011-S4342A (ACTIVE) - Bill Text download pdf

Comments