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

                                  5013

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

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

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to prohibiting the operation of horse drawn cabs in the city
  of New York; and repealing certain provisions  of  such  law  relating
  thereto

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

  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
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.
                                                           LBD11224-01-1

              

S. 5013                             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.
  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
h as added by local law number 2 of the city of New York  for  the  year
1994, are amended to read as follows:

S. 5013                             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.
  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
ten of nineteen hundred sixty-four continue to be valid; such businesses
are vested with a public  interest  and  their  regulation  and  control

S. 5013                             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.]
  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.
  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

S. 5013                             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].
  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.
  S  21.  Section  20-379  of the administrative code of the city of New
York is amended to read as follows:

S. 5013                             6

  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
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.