The New York State Senate

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

                                   430

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, DINOWITZ, BROOK-KRASNY, KAVANAGH,
  GOTTFRIED -- Multi-Sponsored by -- M. of A. GLICK,  McDONALD  --  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:

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00448-01-5

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

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h as added by local law number 2 of the city of New York  for  the  year
1994, are amended to read as follows:
  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
period. 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 periods, 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.
  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 emergency contact information for each horse owner and  insur-
ance  company  information, if applicable. Such records shall be kept on
the premises of the stable where the horses are kept and shall be avail-
able 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 appropriate.
  S 6. Subdivisions o and p of section 17-330 of the administrative code
of the city of New York are REPEALED.
  S 7. Paragraph 1 of subdivision a of section 17-331 of the administra-
tive code of the city of New York is amended to read as follows:
  1. Two members shall be appointed from  among  the  owners  of  rental
horse businesses operating within the city[, one of whom shall be repre-
sentative  of  the  interests of owners of riding horses and one of whom
shall be representative of the interests of owners of carriage horses].
  S 8. Subdivision a of section 17-334 of the administrative code of the
city of New York is REPEALED and subdivisions b  and  c  are  relettered
subdivisions a and b.
  S  9.  Section  17-334.1 of the administrative code of the city of New
York is REPEALED.
  S 10. Sections 19-174 and 19-175 of the  administrative  code  of  the
city of New York are REPEALED.
  S  11.  Section  20-371  of the administrative code of the city of New
York, as amended by local law number 31 of the city of New York for  the
year 1995, is amended to read as follows:
  S  20-371 Licensing of sight-seeing buses[, horse drawn cabs and horse
drawn cab drivers]. Legislative findings. The legislative findings here-
tofore made in relation to the business of sight-seeing buses [and horse
drawn cabs] in the city of New York and set forth in  local  law  number

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

A. 430                              5

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

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