S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2440
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL,  DINOWITZ, KAVANAGH, GOTTFRIED --
   Multi-Sponsored by -- M. of A. GLICK -- read once and referred to  the
   Committee on Cities
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to prohibiting the operation of horse drawn cabs in the  city
   of  New  York;  and  repealing certain provisions of such law relating
   thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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].
   §  2.  The  administrative  code of the city of New York is amended by
 adding a new section 17-326.1 to read as follows:
   § 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.
   § 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
 of  the  city  of  New  York  for  the year 2002, are amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05359-01-7

 A. 2440                             2
 
   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.
   § 4. Section 17-329 of the administrative code of the city of New York
 is amended to read as follows:
   §  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.
   § 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
 h as added by local law number 2 of the city of New York  for  the  year
 1994, are amended to read as follows:

 A. 2440                             3
 
   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.
   § 6. Subdivisions o and p of section 17-330 of the administrative code
 of the city of New York are REPEALED.
   § 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].
   § 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.
   § 9. Section 17-334.1 of the administrative code of the  city  of  New
 York is REPEALED.
   §  10.  Sections  19-174  and 19-175 of the administrative code of the
 city of New York are REPEALED.
   § 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:
   § 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
 ten of nineteen hundred sixty-four continue to be valid; such businesses
 are vested with a public  interest  and  their  regulation  and  control

 A. 2440                             4

 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.]
   §  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.
   §  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.
   § 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].
   §  15.  Subdivisions  c  and d of section 20-373 of the administrative
 code of the city of New York are REPEALED.
   § 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.
   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

 A. 2440                             5

 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].
   §  17.  Subdivision  c of section 20-374 of the administrative code of
 the city of New York is REPEALED.
   § 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:
   § 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.
   § 19. Sections 20-377 and 20-377.1 of the administrative code  of  the
 city of New York are REPEALED.
   §  20.  Section  20-378  of the administrative code of the city of New
 York is amended to read as follows:
   § 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.
   §  21.  Section  20-379  of the administrative code of the city of New
 York is amended to read as follows:

 A. 2440                             6
 
   § 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.
   §  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.
   § 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:
   § 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.]
   §  24.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law.