Bill Text: NY S04914 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the operation of horse drawn cabs in the city of New York; defines the circumstances under which sale or disposal of a horse shall be deemed humane.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CITIES 1 [S04914 Detail]

Download: New_York-2023-S04914-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4914

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 17, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities 1

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

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  eighth,  eleventh, and thirteenth undesignated para-
     2  graphs of section 17-326 of the administrative code of the city  of  New
     3  York, as amended by local law number 203 of the city of New York for the
     4  year 2019, are amended to read as follows:
     5    Rental  horse business. The term "rental horse business" means a busi-
     6  ness enterprise which provides or offers the  use  of  a  horse  to  the
     7  public  for  a  fee  for the purpose of riding [or drawing a horse drawn
     8  vehicle or which operates a horse drawn vehicle for hire such as a horse
     9  drawn cab].
    10    Under tack. The term "under tack" means that a horse is  equipped  for
    11  riding [or driving].
    12    Work.  A  horse  is  considered  to be at "work" when it is out of its
    13  stable and presented to the public as being available for riding[, pull-
    14  ing carriages, vehicles or other devices,] or when it is saddled  or  in
    15  harness or when it is being ridden [or is pulling a carriage, vehicle or
    16  device].
    17    §  2.  The  administrative  code of the city of New York is amended by
    18  adding a new section 17-326.1 to read as follows:
    19    § 17-326.1 Carriage rides prohibited. It shall be  unlawful  to  offer
    20  rides to the public on a vehicle drawn or pulled by a carriage horse.
    21    § 3. Subdivisions a and d of section 17-327 of the administrative code
    22  of the city of New York, subdivision d as amended by local law number 80

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06473-01-3
        S. 4914                             2

     1  of  the  city  of  New  York  for  the year 2020, are amended to read as
     2  follows:
     3    a.  On  and after January first, nineteen hundred eighty-two no person
     4  shall use or offer the use of a horse in a rental horse business  unless
     5  such  horse  is  licensed pursuant to the provisions of this subchapter.
     6  For purposes of this subchapter the use of a horse  in  a  rental  horse
     7  business means that a horse is used or offered for use by the public for
     8  a  fee for the purpose of riding [or drawing a horse drawn vehicle or is
     9  used in the operation of a horse drawn vehicle for hire such as a  horse
    10  drawn cab].
    11    d. Application for a license or the renewal of a license shall be made
    12  to  the  department of health and mental hygiene. Such application shall
    13  contain the name and address of the owner of the horse and of the  owner
    14  of  the  rental horse business in which such horse is to be used if such
    15  person is not the owner of the horse, the age, sex, color, markings  and
    16  any  other identifying marks such as brands or tattoos of the horse, the
    17  location of the stable where the horse is  to  be  kept  and  any  other
    18  information  which  the  commissioner  of  health and mental hygiene may
    19  require. [An application with respect to a horse which is  used  in  the
    20  operation  of a "horse drawn cab" as defined in subchapter twenty-one of
    21  chapter two of title twenty of this code shall include  the  identifica-
    22  tion number required to be inscribed on such horses hoof pursuant to the
    23  rules   and  regulations  of  the  department  of  consumer  and  worker
    24  protection.] The application shall be  accompanied  by  the  license  or
    25  renewal fee.
    26    § 4. Section 17-329 of the administrative code of the city of New York
    27  is amended to read as follows:
    28    §  17-329  Disposition  of  licensed horse. a. The department shall be
    29  notified of the transfer of ownership or other disposition of a licensed
    30  horse within [ten] five days thereafter.  Such notice shall include  the
    31  date of disposition and [if sold in New York city,] the name and address
    32  of  the  buyer  or  other  transferee  and such other information as the
    33  commissioner may prescribe.
    34    b. A horse shall not be  sold  or  disposed  of  except  in  a  humane
    35  manner[.],  which, for the purposes of this subchapter shall mean one of
    36  the following:
    37    1. The owner shall sell or donate the horse to  a  private  individual
    38  who signs an assurance that the horse will not be sold and shall be kept
    39  solely  as  a  companion  animal and not employed in another horse-drawn
    40  carriage business or as a work horse and will be cared for humanely  for
    41  the remainder of the horse's natural life; or
    42    2.  The  owner  shall  sell or donate the horse to a duly incorporated
    43  animal sanctuary or duly  incorporated  animal  protection  organization
    44  whose  president or executive director signs an assurance that the horse
    45  will not be sold and shall be kept solely as a companion animal and  not
    46  employed in another horse-drawn carriage business or as a work horse and
    47  will  be  cared  for  humanely  for the remainder of the horse's natural
    48  life.
    49    3. Records indicating the name, address and telephone  number  of  the
    50  private  individual, duly incorporated animal sanctuary or duly incorpo-
    51  rated animal protection organization to  whom  the  horse  was  sold  or
    52  donated together with the assurance specified above shall be sent by the
    53  owner  to the department within five days after such sale or donation. A
    54  copy of such record shall also be maintained at the stable.
    55    § 5. Subdivisions g, h and l of section 17-330 of  the  administrative
    56  code  of  the city of New York, subdivisions g and l as amended by local
        S. 4914                             3

     1  law number 10 of the city of New York for the year 2010, and subdivision
     2  h as added by local law number 2 of the city of New York  for  the  year
     3  1994, are amended to read as follows:
     4    g.  [1.  Carriage horses shall not be at work for more than nine hours
     5  in any continuous twenty-four hour period.] Riding horses shall  not  be
     6  at  work  for  more  than eight hours in any continuous twenty-four hour
     7  period. Rest periods for [carriage horses and] riding horses shall be of
     8  such  duration  and  at  such  intervals  as  the   commissioner   shall
     9  prescribe[,  but  rest  periods for carriage horses shall in no event be
    10  for less than fifteen minutes after each two hour  working  period,  and
    11  the time of such rest period shall be included in calculating the number
    12  of  hours  the  horse  has worked in any twenty-four hour period. During
    13  such rest periods, the person in charge of such  carriage  horses  shall
    14  make fresh water available to the horse.
    15    2.  Carriage  horses shall receive no less than five weeks of vacation
    16  or furlough every twelve months at a horse stable facility which  allows
    17  daily  access  to  paddock or pasture turnout. Proof of such vacation or
    18  furlough shall be provided upon request to  the  department  and/or  the
    19  ASPCA].
    20    h. [Carriage horses shall not be driven at a pace faster than a trot.]
    21  Riding horses may be ridden at a canter but shall not be galloped.
    22    l.  An owner of a rental horse business shall keep such records as the
    23  commissioner of health shall prescribe including but not  limited  to  a
    24  consecutive daily record of the movements of each licensed horse includ-
    25  ing  the  [driver's  name  and  identification  number,  if applicable,]
    26  rider's name, the horse's identification number, [vehicle license  plate
    27  number,  if  applicable,]  time  of leaving stable and time of return to
    28  stable. An owner of a rental horse  business  shall  also  keep  written
    29  protocols  for  emergencies,  including  but  not limited to primary and
    30  secondary emergency contact information for each horse owner and  insur-
    31  ance  company  information, if applicable. Such records shall be kept on
    32  the premises of the stable where the horses are kept and shall be avail-
    33  able for inspection. The commissioner may, in  his  or  her  discretion,
    34  require  a  time clock, date stamp or time stamp where such commissioner
    35  believes it is appropriate.
    36    § 6. Subdivisions o and p of section 17-330 of the administrative code
    37  of the city of New York are REPEALED.
    38    § 7. Paragraph 1 of subdivision a of section 17-331 of the administra-
    39  tive code of the city of New York is amended to read as follows:
    40    1. Two members shall be appointed from  among  the  owners  of  rental
    41  horse businesses operating within the city[, one of whom shall be repre-
    42  sentative  of  the  interests of owners of riding horses and one of whom
    43  shall be representative of the interests of owners of carriage horses].
    44    § 8. Subdivision a of section 17-334 of the administrative code of the
    45  city of New York is REPEALED and subdivisions b  and  c  are  relettered
    46  subdivisions a and b.
    47    §  9.  Section  17-334.1 of the administrative code of the city of New
    48  York is REPEALED.
    49    § 10. Sections 19-174 and 19-175 of the  administrative  code  of  the
    50  city of New York are REPEALED.
    51    §  11.  Section  20-371  of the administrative code of the city of New
    52  York, as amended by local law number 31 of the city of New York for  the
    53  year 1995, is amended to read as follows:
    54    §  20-371 Licensing of sight-seeing buses[, horse drawn cabs and horse
    55  drawn cab drivers]. Legislative findings. The legislative findings here-
    56  tofore made in relation to the business of sight-seeing buses [and horse
        S. 4914                             4

     1  drawn cabs] in the city of New York and set forth in  local  law  number
     2  ten of nineteen hundred sixty-four continue to be valid; such businesses
     3  are  vested  with  a  public  interest  and their regulation and control
     4  continue  to  be  necessary  and essential in order to cope with certain
     5  evils and hazards which existed in the absence  of  governmental  super-
     6  vision. The supervision formerly was reposed in the police commissioner,
     7  but  recent  experience  and  study indicate that jurisdiction over such
     8  businesses should be transferred to the  commissioner.  [It  is  further
     9  found  that  the present number of horse drawn cabs licensed in the city
    10  of New York is adequate to meet the public need and demand and should be
    11  preserved, unless the commissioner finds that  additional  licenses  are
    12  necessary and advisable.]
    13    §  12.  Subdivisions  1  and 3 of section 20-372 of the administrative
    14  code of the city of New York, as amended by local law number 31  of  the
    15  city of New York for the year 1995, are amended to read as follows:
    16    1. "Owner" shall include any person, firm, partnership, corporation or
    17  association  owning and operating a sight-seeing bus or buses, [or horse
    18  drawn cab or cabs,] and shall include a purchaser under a reserve  title
    19  contract,  conditional  sales  agreement  or  vendor's agreement and the
    20  lessee of such vehicle or vehicles under  a  written  lease  or  similar
    21  contract  provided such purchaser or lessee of sight-seeing bus or buses
    22  shall be entitled to obtain in his or her name  a  license  or  licenses
    23  therefor  from  the  commissioner  of motor vehicles of the state of New
    24  York.
    25    3. "Inspection card" shall designate the card issued  by  the  commis-
    26  sioner  for the sight-seeing bus licensed [or horse drawn cab licensed],
    27  which card shall display the license number and capacity of  such  vehi-
    28  cle.
    29    §  13. Subdivisions 5, 6, 7 and 8 of section 20-372 of the administra-
    30  tive code of the city of New York are REPEALED and  subdivisions  9,  10
    31  and 11 are renumbered subdivisions 5, 6 and 7.
    32    §  14.  Subdivisions  a  and b of section 20-373 of the administrative
    33  code of the city of New York are amended to read as follows:
    34    a. It shall be unlawful to operate or permit another  to  operate  for
    35  hire  a sight-seeing bus [or horse-drawn cab] within the city unless the
    36  owner shall have first obtained a license therefor from the  commission-
    37  er.  [An applicant for a horse-drawn cab license shall be at least eigh-
    38  teen years of age.]
    39    b. Fees. The original and renewal license fee  for  each  sight-seeing
    40  bus  shall be fifty dollars [and for each horse-drawn cab shall be fifty
    41  dollars].
    42    § 15. Subdivisions c and d of section  20-373  of  the  administrative
    43  code of the city of New York are REPEALED.
    44    §  16.  Subdivisions  a  and b of section 20-374 of the administrative
    45  code of the city of New York are amended to read as follows:
    46    a. Any person, firm, partnership, corporation or  association,  owning
    47  or operating a sight-seeing bus, or buses[, or horse-drawn cab, or cabs]
    48  engaging  in the business of transporting passengers in, about, over and
    49  upon any of the  streets,  avenues,  bridges,  highways,  boulevards  or
    50  public places within the limits of the city of New York, shall be issued
    51  a license for each bus [or cab] so operating, provided, however any such
    52  person,  firm, partnership, corporation or association owning or operat-
    53  ing a sight-seeing bus or buses, shall first have obtained a license  or
    54  licenses, as he or she shall be entitled to receive from the commission-
    55  er  of  motor  vehicles of the state of New York as made and provided by
    56  law.
        S. 4914                             5

     1    b. It shall be unlawful for a  license,  after  being  issued  by  the
     2  commissioner, to be transferred to any person, firm, partnership, corpo-
     3  ration  or  association  for any cause whatsoever[, except that licenses
     4  for horse-drawn cabs may be transferred with the approval of the commis-
     5  sioner. Upon voluntary sale or transfer of a licensed horse-drawn cab by
     6  the holder of a license or his or her legal representative, the licensee
     7  shall  immediately  notify  the  commissioner of his or her intention to
     8  replace such horse-drawn cab, or shall surrender his or her license.  If
     9  the  license  is surrendered, the vendee or transferee may make applica-
    10  tion to the commissioner for the licensing of  the  horse-drawn  cab  so
    11  purchased.  A  new  license  shall then be issued by the commissioner in
    12  place of the license so surrendered, provided the applicant  has  demon-
    13  strated to the satisfaction of the commissioner that he or she is quali-
    14  fied to assume the duties and obligations of a horse-drawn cab license].
    15    §  17.  Subdivision  c of section 20-374 of the administrative code of
    16  the city of New York is REPEALED and subdivisions d and e are relettered
    17  subdivisions c and d.
    18    § 18. Section 20-375 of the administrative code of  the  city  of  New
    19  York,  as  amended by local law number 2 of the city of New York for the
    20  year 1994, is amended to read as follows:
    21    § 20-375 License plate. Upon  the  payment  of  the  license  fee  the
    22  commissioner  shall  issue a license to the owner of the sightseeing bus
    23  [or horse drawn cab] together  with  a  license  plate  to  be  securely
    24  affixed  to a conspicuous and indispensable part of such sightseeing bus
    25  [or securely and conspicuously affixed to the rear axle  of  such  horse
    26  drawn  cab,]  on  which shall be clearly set forth the license number of
    27  such sightseeing bus [or horse drawn cab]. The license plate  issued  to
    28  the licensee may, in the discretion of the commissioner, be a plate of a
    29  permanent  nature with a replaceable date tag attached thereto, indicat-
    30  ing the expiration date of the plate during each license  year  and  the
    31  issuance  of such a plate with such date tag to a person possessing such
    32  a plate, shall be deemed issuance of a license plate. Such license plate
    33  and the replaceable date tag to be  issued  from  year  to  year  to  be
    34  attached  thereto, shall be of such material, form, design and dimension
    35  and set forth such distinguishing number or other  identification  marks
    36  as  the  commissioner  shall prescribe. The commissioner upon renewal of
    37  the license hereunder, may continue the use of the license plate for  as
    38  many  additional license years as he or she in his or her discretion may
    39  determine, in which event he or she  shall  issue  and  deliver  to  the
    40  licensee  a  replaceable date tag as evidence of renewal of the license,
    41  which shall be attached or affixed in such  manner  as  he  or  she  may
    42  prescribe  by  rule.  The failure to affix or display such date tag in a
    43  manner prescribed by the commissioner shall constitute  a  violation  of
    44  this section. In the event of the loss, mutilation or destruction of any
    45  license  plate  or  date  tag  issued hereunder, the owner may file such
    46  statement and proof of facts as the commissioner shall require,  with  a
    47  fee  of twenty-five dollars, at the department, and the department shall
    48  issue a duplicate or substitute license plate or date tag.
    49    § 19. Sections 20-377 and 20-377.1 of the administrative code  of  the
    50  city of New York are REPEALED.
    51    §  20.  Section  20-378  of the administrative code of the city of New
    52  York is amended to read as follows:
    53    § 20-378 Periodic inspection. The license department shall  cause  all
    54  sight-seeing buses [and horse-drawn cabs] now, or hereafter licensed, to
    55  be  inspected  at  least  once  every  four  months.  The  date  of such
        S. 4914                             6

     1  inspection and the signature of the person making the  inspection  shall
     2  be recorded upon the inspection card in the spaces provided therefor.
     3    §  21.  Section  20-379  of the administrative code of the city of New
     4  York is amended to read as follows:
     5    § 20-379 Form of inspection card. The commissioner shall prescribe  an
     6  appropriate  form  of inspection card for sight-seeing buses [and horse-
     7  drawn cabs] and the manner in which such card and the  sight-seeing  bus
     8  driver's  [and  horse-drawn  cab driver's] identification cards shall be
     9  displayed.
    10    § 22. Sections 20-380, 20-381, 20-381.1, 20-381.2 and  20-382  of  the
    11  administrative code of the city of New York are REPEALED.
    12    §  23.  Section  20-383  of the administrative code of the city of New
    13  York, as amended by local law number 2 of the city of New York  for  the
    14  year  1994,  the  section  number  and the section heading as amended by
    15  local law number 41 of the city of New York for the year 2005 and subdi-
    16  vision a as amended by local law number 175 of the city of New York  for
    17  the year 2018, is amended to read as follows:
    18    §  20-383 Suspensions and revocations.  [a.] After notice and opportu-
    19  nity to be heard, the commissioner may suspend or revoke any  sight-see-
    20  ing  bus  license  where the holder has failed to comply with any of the
    21  provisions of this subchapter or of the rules promulgated thereunder, or
    22  with any other laws or rules  governing  sight-seeing  buses,  or  which
    23  sight-seeing  bus  is  otherwise  found  to be unfit for operation. Such
    24  suspension shall remain in effect until compliance and fitness have been
    25  established by the licensee and accepted by the department. Grounds  for
    26  suspension  or  revocation shall include, but not be limited to, revoca-
    27  tion of one or more bus  stop  authorizations  by  the  commissioner  of
    28  transportation  pursuant to section 19-175.6 of this code, three or more
    29  violations of paragraph 2 of subdivision [e] d of section 20-374 of this
    30  subchapter within a two year period, installation  of  an  engine  which
    31  does  not  meet  the  requirements of subdivision b of section 20-376 of
    32  this subchapter, being found  to  have  violated  the  requirements  for
    33  diesel  fuel-powered sight-seeing buses contained in section 24-163.6 of
    34  the administrative code, failure to submit a bus for inspection, instal-
    35  lation of an engine not covered by a  certificate  of  conformity  in  a
    36  vehicle  which  was  originally  manufactured  with  such  an engine and
    37  installation of an engine of any model year preceding the year of  manu-
    38  facture  in  a  vehicle which was originally manufactured with an engine
    39  covered by a certificate of conformity. The commissioner shall, as  soon
    40  as practicable, notify the commissioner of transportation of each sight-
    41  seeing bus license that is suspended or revoked.
    42    [b. Any driver of a horse drawn cab found to have committed within any
    43  twelve-month period, in the aggregate, at least three violations of this
    44  subchapter  shall  have his or her license suspended by the commissioner
    45  for a period of not less than three months. For purposes of this  subdi-
    46  vision,  all violations written on any one day shall constitute a single
    47  violation.
    48    c. Notwithstanding the provisions of subdivision b  of  this  section,
    49  any driver of a horse drawn cab found to have committed within any twen-
    50  ty-four month period, in the aggregate, at least five violations of this
    51  subchapter  shall  have his or her license suspended by the commissioner
    52  for six months. For purposes of this subdivision, all violations written
    53  on any one day shall constitute a single violation.
    54    d. Notwithstanding the provisions of subdivisions  b  and  c  of  this
    55  section,  any  driver of a horse drawn cab found guilty of one violation
    56  of subdivision d of section 20-381.1  of  the  code  or  sections  three
        S. 4914                             7

     1  hundred  fifty-one,  three hundred fifty-three, three hundred fifty-five
     2  through three hundred sixty-two or three hundred sixty-nine of  the  New
     3  York  state  agriculture  and  markets  law  or who is found guilty of a
     4  violation  of  this  subchapter  while  his or her license is suspended,
     5  shall have his or her license revoked. A driver whose license  has  been
     6  revoked  in  accordance  with  this  provision  may  not apply for a new
     7  license for five years from the date of revocation.]
     8    § 24. This act shall take effect on  the  one  hundred  eightieth  day
     9  after it shall have become a law.