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Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by Right On Reds, Jan 29, 2010.

  1. Right On Reds

    Right On Reds Out Of The Brooder

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    Sep 13, 2009
    The Department of Health is looking to revise it's health code again.

    Here is the nuts n bolts:

    Please find attached the Health Code changes. The public hearing is February 3rd
    10 AM at 125 Worth Street.

    DEPARTMENT OF HEALTH AND MENTAL HYGIENE
    BOARD OF HEALTH
    NOTICE OF INTENTION
    TO AMEND ARTICLE 161 OF THE NEW YORK CITY HEALTH CODE
    ----------
    NOTICE OF PUBLIC HEARING
    ----------
    In compliance with §1043(b) of the New York City Charter (the “Charter”) and pursuant
    to the authority granted to the Board of Health by §558 of said Charter, notice is hereby given of
    the proposed amendment of Article 161 (Animals) of the New York City Health Code (the
    “Health Code”).
    NOTICE IS HEREBY GIVEN THAT THE DEPARTMENT OF HEALTH AND
    MENTAL HYGIENE WILL HOLD A PUBLIC HEARING ON THE PROPOSAL FROM 10:00
    A.M. TO 12:00 NOON ON WEDNESDAY, FEBRUARY 3, 2010 IN THE THIRD FLOOR
    BOARDROOM (ROOM 330) AT 125 WORTH STREET, NEW YORK, NEW YORK 10013.
    PERSONS INTERESTED IN PRE-REGISTERING TO SPEAK SHOULD NOTIFY, IN
    WRITING, RENA BRYANT, SECRETARY TO THE BOARD OF HEALTH, 125 WORTH
    STREET CN-31, NEW YORK, NEW YORK; (212) 788-5010 BY 5:00 P.M. TUESDAY,
    FEBRUARY 2, 2010. PLEASE INCLUDE A TELEPHONE NUMBER WHERE, IF
    NECESSARY, YOU MAY BE REACHED DURING NORMAL BUSINESS HOURS.
    SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES.
    PERSONS WHO REQUEST THAT A SIGN LANGUAGE INTERPRETER OR OTHER
    FORM OF REASONABLE ACCOMMODATION FOR A DISABILITY BE PROVIDED AT
    THE HEARING ARE ASKED TO NOTIFY RENA BRYANT, SECRETARY TO THE BOARD
    OF HEALTH, 125 WORTH STREET CN-31, NEW YORK, NEW YORK 10013; (212) 788-
    5010 BY JANUARY 20, 2010. REGISTRATION WILL BE ACCEPTED AT THE DOOR
    UNTIL 12:00 P.M. ON FEBRUARY 3, 2010. HOWEVER, PREFERENCE WILL BE GIVEN
    TO THOSE WHO PREREGISTER.
    WRITTEN COMMENTS REGARDING THE PROPOSAL ADDRESSED TO THE
    ATTENTION OF THE BOARD OF HEALTH MUST BE SUBMITTED TO RENA BRYANT,
    SECRETARY TO THE BOARD OF HEALTH, BY MAIL TO 125 WORTH STREET CN-31,
    NEW YORK, NEW YORK 10013, BY FAX TO (212) 788-4315, BY E-MAIL TO
    [email protected] OR ONLINE (WITHOUT
    ATTACHMENTS) AT http://www.nyc.gov/html/doh/html/notice/notice.shtml ON OR BEFORE
    5:00 P.M., WEDNESDAY, FEBRUARY 3, 2010. ATTACHMENTS TO ONLINE
    COMMENTS MUST BE MAILED OR FAXED. COMMENTS RECEIVED AFTER
    FEBRUARY 3, 2010 WILL BE CONSIDERED TO THE EXTENT POSSIBLE.
    WRITTEN COMMENTS RECEIVED BY THE SECRETARY TO THE BOARD OF
    HEALTH AND A TRANSCRIPT OF THE PUBLIC HEARING WILL BE AVAILABLE FOR
    PUBLIC INSPECTION WITHIN A REASONABLE TIME AFTER RECEIPT, BETWEEN
    THE HOURS OF 9:00 A.M. AND 5:00 P.M. AT THE OFFICE OF THE SECRETARY. THE
    DEPARTMENT’S GENERAL POLICY IS TO MAKE WRITTEN COMMENTS AVAILABLE
    FOR PUBLIC VIEWING ON THE INTERNET. ALL COMMENTS RECEIVED,
    INCLUDING ANY PERSONAL INFORMATION PROVIDED, WILL BE POSTED
    WITHOUT CHANGE TO http://www.nyc.gov/html/doh/html/comment/comment.shtml.
    2
    STATUTORY
    AUTHORITY
    These amendments to the Health Code are promulgated pursuant to §§558 and 1043 of
    the Charter. Sections 558(b) and (c) of the Charter empower the Board of Health to amend the
    Health Code and to include in the Health Code all matters to which the authority of the
    Commissioner and the Department of Health and Mental Hygiene (the Department) extends.
    Section 1043 grants the Department rule-making authority.
    Statement of Basis and Purpose
    Introduction
    As part of a comprehensive review of the Health Code, the DOHMH proposes that Board
    of Health update various provisions of Article 161 of the Health Code to assure that it provides
    adequate legal tools for the Board and DOHMH to effectively address the City’s current public
    health needs related to animals, and to provide consistency with other applicable law. The
    revisions reflect current law, policies and practices and update provisions regarding permits and
    licenses, dangerous dogs, shelter animals, pest management and stables for horses. Not all
    sections of the Article would be amended, however. The following changes are proposed.
    § 161.01. Wild and other animals prohibited
    The title of this section has been amended to add the term “other animals” to more
    correctly reflect its provisions, indicating that possession of certain animals other than “wild”
    animals is prohibited in the City.
    Paragraph (4) of subdivision (a) is new, and adds to the places where wild animals may
    be kept, a veterinary or other health care facility that is providing care to such animals.
    Former paragraph (4), renumbered as paragraph (5) would require that a permit be
    obtained to exhibit and use animals whose possession or use would otherwise be prohibited; that
    animals for which there is a USDA approved rabies vaccine be vaccinated prior to use; that a
    permit application be submitted by the user or exhibitor in advance of the proposed use; and that
    a fee may be imposed for such permit.
    The following additions are proposed to the prohibited animals list in subdivision (b): in
    paragraph (2), the term “cross-breed” in addition to “hybrid or cross-breed offspring of a wild cat
    and domesticated or other cat;” in paragraph (10), “turtles or tortoises with a carapace length of
    less than four (4) inches;” in paragraph (14), “nutria;” in paragraph (15) “pigs, including pot
    bellied pig, goats, cattle;” and a new paragraph (18) prohibited “sea mammals … and other
    predatory marine and freshwater animals and fishes including, but not limited to, sharks and
    piranha.”
    In response to a petition to commence rule making, the Department examined reports of
    bee stings and found that such incidents are minimal. As a result the Department is proposing to
    amend paragraph (12) to allow New Yorkers to keep hives of non-aggressive honey bees. No
    permit would be required, only notification to the Department, and appropriate practices to avoid
    creating a nuisance would have to be used. A definition of a beekeeping nuisance has been added
    to the definition of “animal nuisance” in §161.02.
    § 161.02. Definitions.
    This section includes additional terms and updated definitions to harmonize with
    applicable law and to reflect current practice.
    The existing terms, “shelter”, “attack or guard dog” (eliminating the term “attack”),
    “boarding kennel”, “stable”, “grooming parlor”, and “pet shop” have been updated to reflect
    modern usage and practice, “pet animal” has been removed, and the following terms and their
    definitions have been added:
    3
    “adoption”
    “animal behaviorist”
    “animal nuisances”
    “animal rescue group”
    “cat”
    “dangerous dog”
    “dog”
    “exposure to rabies”
    “hybrid or cross-breed”
    “lost, stray and homeless animals”
    “owner”
    “service dog”
    “severe injury”
    “small animal”
    “State Sanitary Code”
    The addition of these terms and their definitions updates and brings the Article into
    greater conformity with its regulatory scope.
    § 161.04. Dog licenses.
    Subdivision (a) now includes specifications that animal rescue groups are required to
    obtain a license for any dog harbored by them for longer than six months.
    A new subdivision (c) requires animal rescue groups to provide an animal shelter from
    which they obtain animals with proof that owners of dogs adopted through their efforts have
    licensed such dogs.
    Subdivision (d) has been added to include an additional tag for service dogs and to waive
    the fee for such tags, a Department practice consistent with dog licensing requirements in the rest
    of the State. Instead of requiring that individuals with disability produce proof of disability, this
    provision requires only proof that the animal has been trained to provide services needed by such
    persons and is more consistent with provisions of the Americans with Disabilities Act.
    A new subdivision (e) allows for the sale of licenses in any manner not prohibited by law.
    Current subdivision (c) (Enforcement) has been renumbered as subdivision (f) and has
    been amended to authorize issuance of notices of violation for failure to comply by any peace
    officer.
    § 161.05. Dogs to be restrained.
    Subdivision (c) has been amended to authorize any peace officer to issue a notice of
    violation for failure to comply with its requirements.
    § 161.06. Dogs and cats to be vaccinated and treated prior to change in ownership.
    This section has been amended to update the reference to rabies vaccination requirements
    in Article 11 of the Health Code.
    § 161.07. Dangerous dogs.
    It is proposed that this section be repealed and recodified in its entirety. As recodified, the
    section specifies procedures for addressing the perennial problem of dogs that are a danger
    because their owners are generally unable or unwilling to control them. The new section would
    provide a hearing to any owner disagreeing with the Department’s assessment of his or her dog,
    but would specify a length of time that a dog which has inflicted injuries can be kept in a shelter
    prior to that hearing. It also modernizes and adds control measures to those currently available to
    the Department in §161.07.
    4
    § 161.09. Permits to keep certain animals.
    This section has been updated and extensively revised. Subdivision (a) would no longer
    require that a pet shop that exclusively sells dogs and cats and is a pet dealer regulated by Article
    26-A of the Agriculture and Markets Law, or successor law be permitted by the Department.
    Similarly, subdivision (f) excludes such persons from holding a certificate in small animal
    holding.
    Current subdivision (c) has been deleted. Sales of live rabbits and poultry are regulated
    by the US Department of Agriculture and the State Department of Agriculture and Markets.
    Current subdivisions (d) (e) (f) have been relettered but are substantively the same. The
    relettered subdivision (c) has been amended to allow the possession or use of cattle, swine, sheep
    or goats only at a zoo, farm exhibit, or other place in accordance with §161.01(a) of this Article.
    The relettered subdivision (g) requires that the owners of trained guard dogs have their dogs
    implanted with a microchip as a permanent identification, and that they supply the identification
    number to the Department. Paragraph (2) of this subdivision requires owners or other persons in
    control of any premises in which a trained guard dog is kept to post a durable sign or notice
    warning the public of the presence of such trained guard dog, rather than the Department
    providing the sign. Requirements for the content of the sign are listed, including the name and
    other contact information for the owner of the guard dog. Paragraph (3) requires that all persons
    who train, sell or rent guard dogs must post a durable sign or notice stating that a copy of this
    section shall be provided by the trainer, seller or renter of a guard dog to any person who uses
    such dogs, warning that all users shall comply with licensing, tagging, microchipping and signage
    requirements.
    § 161.11. Prevention of nuisances; cleaning.
    Subdivision (b) has been amended to incorporate the definition of animal nuisance in
    §161.02.
    Subdivision (c) has been amended to include reference to equipment required to maintain
    sanitary conditions.
    § 161.15. Keeping of small animals for sale, boarding, grooming, or training.
    Subdivision (a) has been amended to clarify that animals to be sold or held for sale, or
    boarded, groomed or trained shall not be kept in any room in which a person lives and that only
    live food fish species from a source authorized by applicable law to supply such fish, or fish kept
    as pets in an ornamental aquarium, shall be sold or held for sale or kept, respectively, in the same
    place where food or drink is sold for human consumption.
    Subdivision (e) has been added to require that a holder of a permit to operate a boarding
    kennel obtain proof from the dog’s owner that any dog provided services is up to date on all
    vaccinations in accordance with §17-366 of the Administrative Code. The owner shall maintain
    such proof on the premises, and shall provide such records for inspection to the Department upon
    request.
    § 161.17. Small animals kept for sale, shelters, kennels and training establishments; physical
    facilities and maintenance.
    This section has been amended to reference Article 131 (Buildings) and Article 151 (Pest
    Prevention and Management).
    § 161.19. Keeping of livestock, live poultry and rabbits.
    The title of this section has been amended to add the term “livestock.”
    Subdivision (a) has been amended to prohibit keeping a live rooster, duck, goose or
    turkey in the City of New York except in a slaughterhouse inspected by or on behalf of the US
    5
    Department of Agriculture and the State Department of Agriculture and Markets or other places
    in accordance with §161.01 (a).
    Subdivision (b) has been amended to reference applicable law and this Article’s
    definition of animal nuisances.
    Subdivision (c) contains provisions of current §161.09 (c).
    § 161.21. Horse stables; rabies vaccination for horses; nuisance prevention.
    The current section, “Yarding of horses, cattle, swine, sheep and goats,” is being repealed
    as outdated, and a repealed §161.23, “Stables for horses; physical facilities and maintenance,” has
    been recodified and renumbered as §161.21. The new section provides general requirements for
    horse stables that are required to hold a permit pursuant to §161.09, including horse stables used
    in rental horse businesses regulated by Chapter 4 of the Title 24 of the Rules of the City of New
    York. Chapter 4 now includes only rules applicable to stables maintained by rental horse
    businesses. The new requirements reflect both the recommendations of the Advisory Board
    established pursuant to §17-331 of the Administrative Code and standards of the State
    Department of Agriculture and Markets Horse Health Assurance Program. The Department
    believes such standards, which reflect modern stable management practices, are appropriate for
    all commercial stables because they promote the safety and health of horses, and that of people
    who work and have other contact with horses, and prevent and control diseases of horses and
    other nuisance conditions at stables. New safety requirements include installation of sprinkler
    systems, emergency management procedures, establishing emergency contact information, and
    equipping stables with horse trailers for emergency care of horses. Stable operators will be
    required to have all horses in commercial stables immunized against rabies.
    § 161.23 Sterilization of shelter animals.
    This section is new and addresses obligations for sterilization of shelter animals. Since
    2002, Administrative Code §17-804 has required that dogs and cats released from an animal
    shelter must be spayed or neutered. The Administrative Code is silent regarding pre-adoption
    release of animals to animal rescue groups. Since 2002, the Mayor's Alliance for NYC's
    Animals, Inc., has actively promoted formal agreements with such groups, enabling them to take
    animals from shelters. These agreements relieve the City’s shelters of overcrowding, and reduce
    pressures to euthanize adoptable animals. The groups hold dogs and cats until their adoption by
    permanent owners. This new Health Code provision would require shelters to sterilize dogs and
    cats before they are released to an animal rescue group, when practicable. It establishes an
    obligation for the animal rescue groups to maintain proof of sterilization of animals released to
    adopters, if the animals are not already sterilized. It also establishes procedures for management
    of cases whereby owners of animals being released from a shelter who object to sterilization of
    their dogs and cats may post a bond and take the animal out of the shelter, pending the owner’s
    litigation of the matter, and establishes a spay neuter fund with the proceeds of forfeited bonds in
    the event that the owner does not timely commence litigation or does not prevail in court. Sums
    collected from forfeited bonds would be dedicated to cover the costs of free or subsidized spay
    and neuter services for dogs and cats.
    §161.25 Modification by the Commissioner.
    This section is new and would authorize the Commissioner in specific instances to
    modify the application of provisions of this Article.
    The resolution is as follows.
    Matter deleted is [bracketed].
    Matter that is new is underlined.
    6
    Resolved, that subdivisions (a) and (b) of §161.01 of the New York City Health Code,
    found in Title 24 of the Rules of the City of New York be, and the same hereby are, amended, to
    be printed, together with explanatory notes, to read as follows:
    §161.01. Wild and other animals prohibited.
    (a) No person shall sell or give to another person, possess, harbor, [or]keep, or yard wild or other
    animals identified in [subsection (b) of] this section or in regulations promulgated by the
    Commissioner pursuant to [subsection] subdivision (e) of this section other than in:
    (1) A zoological park or aquarium operated by the Department of Parks, by the Wildlife
    Conservation Society, or by the Staten Island Zoological Society; or
    (2) A laboratory operated pursuant to §504 of the Public Health Law; or
    (3) A circus or native wildlife rehabilitator licensed by federal or state agencies; or
    (4) A veterinary hospital or other veterinary or medical facility where veterinary care is provided
    for such animals; or
    [(4) A place which has received the approval of the Department to exhibit or use such animals,
    and which has protective devices to prevent such animal from escaping or injuring the public. The
    Department may impose reasonable conditions and time limits on the granting of such approval.]
    (5) A place that exhibits, uses or displays such animals, including, but not limited to, a rodeo,
    petting zoo, farm museum, school or similar institution, film, television, photographic or other
    production, or for commercial or other purposes, in accordance with a permit issued by the
    Commissioner. The Commissioner may impose reasonable conditions and time limits on such
    exhibitions, usages or displays when issuing such permits, including a condition that the place
    where animals are exhibited, used or displayed have protective devices to preventing animals
    from escaping or injuring the public.
    (A) An application for a permit to exhibit, use or display animals shall be submitted to the
    Department at least five (5) business days prior to such exhibition, use or display by the person or
    entity that proposes to exhibit, use or display such animals.
    (B) Any animal of a species for which a rabies vaccine licensed and approved by the USDA is
    available shall be currently vaccinated against rabies in accordance with the vaccine
    manufacturer’s instructions sufficiently in advance of any permit being issued for its exhibition,
    use or display, so that such vaccine shall be effective at the time of the animal’s exhibition, use or
    display.
    (C) The Department may impose a fee to cover its costs in issuing such permits.
    (b) For the purposes of this Code, a wild animal[s are] is deemed to be any animal which [are]
    7
    is naturally inclined to do harm and capable of inflicting harm upon human beings and all such
    animals are hereby prohibited pursuant to [subsection] subdivision (a) of this section. Such
    animals shall also include: (i) any animals specified by the Commissioner in regulations
    promulgated pursuant to this section; (ii) any native or exotic wildlife whose possession or sale is
    prohibited because they are designated as protected or endangered pursuant to any federal, state
    or local law, regulation, or rule; and (iii) any of the following animals:
    (1) All dogs other than domesticated dogs (Canis familiaris), including, but not limited to, wolf,
    fox, coyote, hyaena, dingo, jackal, dhole, fennec, raccoon dog, zorro, bush dog, aardwolf, cape
    hunting dog and any hybrid or cross-breed offspring of a wild dog and domesticated dog.
    (2) All cats other than domesticated cats (Felis catus), including, but not limited to, lion, tiger,
    leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah, wild cat, cougar, bobcat, lynx,
    serval, caracal, jaguarundi, margay and any hybrid or cross-breed offspring of a wild cat and
    domesticated or other cat.
    * * *
    (10) Reptiles (Reptilia). All Helodermatidae (gila monster and Mexican beaded lizard); all frontfanged
    venomous snakes, even if devenomized, including, but not limited to, all Viperidae (viper,
    pit viper), all Elapidae (cobra, mamba, krait, coral snake), all Atractaspididae (African burrowing
    asp), all Hydrophiidae (sea snake), all Laticaudidae (sea krait); all venomous, mid-or rear-fanged,
    Duvernoy-glanded members of the family Colubridae, even if devenomized; any member, or
    hybrid offspring of the family Boidae, including, but not limited to, the common or green
    anaconda and yellow anaconda; any member of the family Pythonidae, including, but not limited
    to, the African rock python, Indian or Burmese python, Amethystine or scrub python; any
    member of the family Varanidae, including the white throated monitor, Bosc's or African
    savannah monitor, Komodo monitor or dragon, Nile monitor, crocodile monitor, water monitor,
    Bornean earless monitor; any member of the family Iguanidae, including the green or common
    iguana; any member of the family teiidae, including, but not limited to, the golden, common, or
    black and white tegu; all members of the family Chelydridae, including snapping turtle and
    alligator snapping turtle; all turtles and tortoises with a carapace length of less than four (4)
    inches; and all members of the order Crocodylia, including, but not limited to, alligator, caiman
    and crocodile.
    * * *
    (12) All venomous insects, including, but not limited to, [bee,] bees other than non-aggressive
    honey bees (Apis mellifera), hornet and wasp. Persons keeping honey bees shall file a notice with
    the Department, on a form provided or approved by the Department, containing the beekeeper’s
    8
    name, address, telephone, e-mail and fax numbers, emergency contact information, and location
    of the hive, and they shall notify the Department within ten business days of any changes to such
    information. Beekeepers shall adhere to appropriate beekeeping practices including maintaining
    bee colonies in moveable-frame hives that are kept in sound and usable condition; providing a
    constant and adequate water source; locating hives so that the movement of bees does not become
    an animal nuisance, as defined in §161.02 of this Article; and shall be able to respond
    immediately to control bee swarms and to remediate nuisance conditions.
    * * *
    (14) All large rodents (Rodentia), including, but not limited to, gopher, muskrat, nutria, paca,
    woodchuck, marmot, beaver, prairie dog, capybara, sewellel, viscacha, porcupine and hutia.
    (15) All even-toed ungulates (Artiodactyla) including, but not limited to, deer, antelope, sheep,
    pigs, including pot bellied pigs, goats, cattle, giraffe and hippopotamus. Such prohibition shall not
    affect persons who keep livestock in accordance with applicable law.
    * * *
    (18) Sea mammals (Cetacea, Pinnipedia and Sirenia), including, but not limited to, dolphin,
    whale, seal, sea lion and walrus, and any other predatory marine and freshwater animals and
    fishes including, but not limited to, sharks and piranhas.
    Notes:
    Subdivision (a) of §161.01 was amended by resolution adopted on XXX, adding a new paragraph
    (4) and renumbering former paragraph (4) as paragraph (5), to add to the places where wild
    animals may be kept a veterinary or other health care facility that is providing care to such
    animals. Former paragraph (4), now renumbered as paragraph (5) specifies requirements for
    obtaining a permit to exhibit and use otherwise prohibited animals, and requires rabies
    vaccination for such animals.
    Subdivision (b) of §161.01 was amended by resolution adopted on XXX, adding to the animals
    prohibited in the City of New York the following: in paragraph (2), cross-breed offspring of wild
    and domesticated cats; in paragraph (10), turtles or tortoises with a carapace length of less than
    four (4) inches; in paragraph (14), nutria; in paragraph (15) pigs, including pot bellied pig, goats
    and cattle; and in paragraph (18) adding other predatory marine animals and fishes including, but
    not limited to, sharks and piranha. Paragraph (12) was amended to allow beekeeping.
    Resolved, that §161.02 of the New York City Health Code, found in Title 24 of the Rules
    of the City of New York be, and the same hereby are, amended, to be printed, together with
    explanatory notes, to read as follows:
    9
    §161.02. Definitions. When used in this article[:], the following terms shall have the following
    meaning:
    Adoption means the delivery to any natural person eighteen years of age or older, for the limited
    purpose of harboring as a pet, a homeless, lost, stray, abandoned, seized, surrendered, or
    unwanted animal.
    Animal behaviorist means a person certified as an applied animal behaviorist or veterinary
    behaviorist by the Animal Behaviorist Society or other person with qualifications acceptable to
    the Department, who works with pets and their owners to modify animal behavior, provide
    socialization training for animals and their owners, and assesses or diagnoses behavioral
    pathology in animals.
    Animal nuisances shall include, but not be limited to, animal feces, urine, blood, body parts,
    carcasses, vomitus and pervasive odors; animals that carry or are ill with contagious diseases
    communicable to persons or other animals; and dangerous dogs. A beekeeping nuisance shall
    mean conditions that include, but not be limited to, aggressive or objectionable bee behaviors,
    hive placement or bee movement that interferes with pedestrian traffic or persons residing on or
    adjacent to the hive premises; and overcrowded, deceased or abandoned hives.
    Animal rescue group shall mean a not-for-profit organization, group or unincorporated entity that
    accepts unwanted dogs or cats from an animal shelter or other place and attempts to find homes
    for, and promote adoption of, such animals by the general public.
    [(a)] Animal [Shelter] shelter or shelter for homeless animals means a not-for-profit facility
    holding a permit in accordance with §161.09 of this Article where homeless, lost, stray,
    abandoned, seized, surrendered or unwanted animals are received, harbored, maintained [or] and
    made available for adoption to the general public, redemption by their owners or other lawful
    disposition, and which is owned, operated, or maintained by a duly incorporated humane society,
    animal welfare society, society for the prevention of cruelty to animals, or other organization
    devoted to the welfare, protection or humane treatment of animals.
    [(d)] Boarding kennel[,] business[,] or establishment means a facility other than an animal shelter
    where animals not owned by the proprietor are sheltered, harbored, maintained, groomed,
    exercised, fed, or watered in return for a fee.
    Cat means a domesticated animal of the species Felis catus kept as a pet, except for any animal
    that is a hybrid or cross-breed of such species whose possession is prohibited in New York City
    pursuant to §161.01 of this Article.
    Dangerous dog means a dog, other than one registered with the Department pursuant to §161.09
    of this Article as a guard dog, which menaces, threatens, attacks or bites a person or persons, or
    10
    which kills or inflicts physical injury upon any persons, when such persons are peacefully
    conducting themselves in any place where they may lawfully be, and any dog owned or harbored
    for the purpose of dog fighting. A Department record of a bite report made pursuant to §11.03 or
    of a dog bite or other injury made by a police officer shall be prima facie evidence that a dog is
    dangerous.
    Dog means a domesticated animal of the species Canis familiaris kept as a pet, but does not mean
    any other animal that is a hybrid or cross-breed of such species whose possession is prohibited in
    New York City pursuant to §161.01 of this Article.
    Exposure to rabies means a bite or non-bite penetration of the skin; or contamination of an open
    wound, abrasion, scratch or mucous membrane with saliva or other potentially infectious material
    from an animal subject to rabies.
    [(c)] Grooming parlor, salon, business, or establishment means a facility where animals are
    presented by their owners for bathing, dipping, clipping, combing, or cleaning for the purpose of
    improvement of the animal's appearance and or well-being in return for a fee[.] and
    establishments which provide facilities for owners to groom their own pets.
    [(h)Attack or guard dog ] Guard dog means a dog which is trained or used for personal
    protection, area protection, and/or the apprehension or warding off of an individual by means of
    barking, threatening gestures, biting, or restraining by the use of its teeth.
    Hybrid or cross-breed shall mean the offspring produced by two animals of different breeds,
    varieties or species.
    Lost, stray and homeless animals. For the purpose of determining applicability of the Animal
    Shelters and Sterilization Act, §§17-801 et seq. of the Administrative Code, lost, stray and
    homeless animals shall mean any animals owned or formerly owned by residents of the City of
    New York, or animals whose owners are unknown, that are brought into or accepted by any New
    York City animal shelter by any person for any reason other than for the purpose of evaluation by
    an animal behaviorist pursuant to a request of the Department or order of the Commissioner.
    Owner means any person who owns, harbors, possesses, adopts, cares for or keeps an animal.
    [(g) Pet animal or small animal means any bird, mammal, reptile, amphibian, fish, arthropod or
    other invertebrates kept as a pet for exhibit, work, companionship, or protection by a person,
    possession or which is not prohibited by the Commissioner or any Federal, State or local laws,
    rules, regulations.]
    [(b)] Pet shop means a facility other than an animal shelter where live animals are sold,
    exchanged, bartered, or offered for sale as pet animals to the general public at retail for profit. A
    pet shop shall not mean a pet dealer exclusively selling dogs and cats that is subject to Article 26-
    11
    A of the Agriculture and Markets Law. However, a pet shop where animals other than, or in
    addition to, dogs and cats are sold shall hold a pet shop permit issued by the Commissioner and
    shall comply with all other applicable provisions of this Code and other applicable law.
    Service dog shall mean a dog that has been individually trained to perform tasks for persons with
    a disability, as defined in Executive Law §292 or successor law, including, but not limited to,
    providing guidance for persons who are blind, alerting persons who are deaf, pulling wheelchairs,
    alerting and protecting a person who is having a seizure, or performing other tasks.
    Severe injury, with respect to an injury inflicted by a dog, means any physical injury inflicted by
    such dog upon a person that causes at least a broken bone or a disfiguring laceration requiring
    either multiple stitches or cosmetic surgery.
    Small animal means a companion animal such as a dog, cat, fish, bird, rabbit, reptile, gerbil,
    hamster or other animal whose possession is not prohibited by §161.01 of this Article.
    [(f)] Stable for horses means a [rental, boarding, racing, or private facility] building where one or
    more horses are housed and/or maintained.
    State Sanitary Code shall mean Chapter 1 of Title 10 of the Codes, Rules and Regulations of the
    State of New York, or successor rules.
    [(e)] Training establishment for small animals means a facility where small animals, whether or
    not belonging to the owner or employee of such facility, are trained for any purpose in return for
    a fee.
    Notes: Section 161.02 was amended by resolution adopted on XXX to add definitions for terms
    used in Article 161.
    Resolved, that §161.04 of the New York City Health Code, found in Title 24 of the Rules
    of the City of New York be, and the same hereby is, amended, to be printed, together with
    explanatory notes, to read as follows:
    §161.04. Dog licenses.
    (a) License required. A dog license obtained in accordance with Chapter 115 of the New York
    State laws of 1894, as amended, shall be issued by the Department to every person who owns,
    possesses, keeps, harbors, adopts, purchases, or cares for a dog in New York City for each dog
    owned, possessed or controlled by such person, except that an animal shelter shall not be required
    to obtain a license for any dog kept by such shelter and an animal rescue group shall not be
    required to obtain a license for any dog harbored by such group for less than six months.
    (b) License tag required in public. Every person who owns, possesses or controls a dog shall not
    permit it to be in any public place, or in any open or unfenced area abutting on a public place,
    12
    unless the dog has a collar about its neck with a currently valid metal tag attached thereto bearing
    the number of the license obtained for such dog in accordance with Chapter 115 of the Laws of
    1894 of the State of New York, as amended or [§§109 and 112 of the Agriculture and Markets
    Law.] subdivision (c) of this section.
    (c) Animal rescue groups. Animal rescue groups shall provide an animal shelter from which they
    obtain dogs or cats with proof acceptable to such shelter that the persons adopting dogs through
    their efforts have purchased licenses for such dogs.
    (d) Service dogs. Owners of licensed dogs may request an additional tag from the Department
    indicating that the dog is trained to perform a task to assist a person with a disability, without
    paying an additional fee for such tag. An application for such tag shall be accompanied by a
    written statement from a trainer whose education, experience and training are acceptable to the
    Department, stating that such dog has been specifically trained to perform a task or tasks for the
    person applying for the tag.
    (e) Sales of licenses authorized. Licenses may be sold by the Department in any manner that is
    not prohibited by law. The Department may authorize other persons to sell such licenses, upon
    such terms and conditions as it deems necessary to promote the sales of licenses. The Department
    may accept license applications and sell licenses electronically, and may impose a surcharge to
    cover the actual additional costs of selling licenses electronically, if any, including costs imposed
    by credit card issuers.
    [(c)] (f) Enforcement. Notices of violation for failure to comply with this section may be issued
    by any authorized employee, officer or agent of the Department, [or of] the Department of
    Sanitation, [and] the Department of Parks and Recreation, or successor agencies, or any peace
    officer.
    Notes: §161.04 was amended on XXX to clarify that dogs released by a shelter to an animal
    rescue group prior to permanent adoption do not need to be licensed; to authorize issuance of
    licenses for service dogs without a fee; to authorize sales of dog licenses in any manner; and to
    authorize any peace office to issue notices of violation for failure to comply with its provisions.
    Resolved, that subdivision (c) of §161.05 of the New York City Health Code, found in
    Title 24 of the Rules of the City of New York be, and the same hereby are, amended, to be
    printed, together with explanatory notes, to read as follows:
    §161.05. Dogs to be restrained.
    * * *
    (c) Notices of violation for failure to comply with subdivision (a) of this section may be issued by
    13
    any authorized employee, officer or agent of the Department, [or of] the Department of
    Sanitation, [or] the Department of Parks and Recreation, or successor agencies, or any peace
    officer.
    Notes: Subdivision (c) was amended XXX to authorize issuance of notices of violation for
    violation of subdivision (a) this section by any peace officer.
    Resolved, that §161.06 of the New York City Health Code, found in Title 24 of the Rules
    of the City of New York be, and the same hereby is, amended, to be printed, together with
    explanatory notes, to read as follows:
    §161.06. Dogs and cats to be vaccinated and treated prior to change in ownership.
    No person shall offer for sale, sell or give away any dog or cat unless such animal has been
    vaccinated against rabies in accordance with [§11.65 of the] §11.29 of this Code, and treated for
    parasites or certified in writing by a duly licensed veterinarian to have been tested and found to be
    free of parasites.
    Notes: §161.06 was amended on XXX to reflect the change in numbering of the rabies
    vaccination requirements in Article 11 of the Health Code.
    Resolved, that §161.07 of the New York City Health Code, found in Title 24 of the Rules
    of the City of New York be, and the same hereby is, repealed and recodified, to be printed
    together with explanatory notes, to read as follows:
    §161.07. Dangerous dogs.
    (a) Policy and scope. When the Department receives a report of a dangerous dog, the Department
    may, in any case where it deems it necessary, investigate the circumstances giving rise to the
    report and, if the Department determines that the dog is a dangerous dog, it may take any action
    authorized by applicable law, including this Code, that it deems necessary to protect the public
    health and safety.
    (b) Dogs brought into a shelter. When a dangerous dog is brought into an animal shelter, or
    when a dog held in an animal shelter injures a person, the operator of the shelter shall, no later
    than the first business day after the dog is admitted to the shelter or after the dog in the shelter
    injures a person, report the injury to the Department. The shelter shall obtain from the person
    owning or presenting the dog, and the report shall, to the extent that the shelter operator has such
    information, include a description of the circumstances in which injury was caused by the dog;
    the names, addresses and other contact information for the injured person(s), the dog’s owner,
    and any witnesses to the incident; the types of injuries inflicted by the dog; and any other
    14
    information required by the Department. The shelter operator shall thereafter immediately
    provide the Department with any additional information received about the incident.
    (c) Rabies observation period. Any dog that is brought to a shelter after causing an injury to a
    person or that is involved in any incident that creates a possible exposure to rabies shall be held
    by the shelter for ten days, over which time such dog shall be observed by a veterinarian to
    determine whether it has developed signs and symptoms of rabies.
    (1) A dog held for rabies observation that is subsequently involved in any other incident
    potentially exposing any person or animal at the shelter to rabies shall, commencing on the date
    of the most recent incident, be held by the shelter for an additional ten days to be observed for
    signs and symptoms of rabies.
    (2) If a licensed veterinarian determines that a dog has signs or symptoms consistent with rabies,
    the dog shall be humanely euthanized and its remains shall be tested for rabies.
    (3) The Department may authorize release of a dog to its owner before the expiration of the ten
    days rabies observation period if the Department determines that the dog is not a dangerous dog,
    and the owner agrees to continue to observe the dog for signs and symptoms of rabies over the
    remainder of the observation period and to make daily reports of his or her observations to the
    Department in accordance with §11.27 (e) of this Code.
    (d) Determination of a dangerous dog.
    (1) Evaluation of a dog in a shelter. The Department shall make a preliminary determination as
    to whether any dog being held in a shelter after causing injury to a person is a dangerous dog. In
    making such determination, the Department shall consider the circumstances of the incident
    resulting in the dog’s placement in the shelter, the nature and severity of the injuries reportedly
    inflicted by the dog, and the dog’s prior history of biting and/or causing injury. When deemed
    necessary by the Department, an assessment by an animal behaviorist may also be considered.
    (2) If dog is determined to be dangerous. If the Department determines that a dog being held at
    a shelter is dangerous, it shall notify the owner of the dog of such determination in writing, prior
    to expiration of the ten day rabies observation period. The notification shall include the
    Department’s recommendations for the disposition of the dog, including any control measures
    authorized by subdivision (g) of this section that the Department deems necessary as conditions
    for the owner’s continued possession of the dog.
    (3) If a dog is not determined to be dangerous. If the Department determines that a dog being
    held at a shelter is not dangerous, it shall notify the shelter that the dog may be returned to its
    owner at the end of the rabies observation period, provided the dog has been vaccinated against
    rabies, licensed, and surgically sterilized in accordance with applicable law.
    15
    (4) Other disposition. A dog surrendered to a shelter by its owner for any reason shall be made
    available for adoption or humanely euthanized, in accordance with applicable law. However, a
    dog that is surrendered by its owner as a dangerous dog or a dog trained for dog fighting shall not
    be made available for adoption by any person unless the shelter operator has completed a
    behavioral evaluation of the dog showing that the dog is not a dangerous dog, provided the results
    of the evaluation to the Department, and the Department has approved the release of the dog for
    adoption.
    (e) Dogs that are not brought to a shelter. If the Department receives a report that a dog not being
    held by a shelter to be observed for symptoms and signs of rabies is dangerous, the Department
    may order the dog’s owner to make the dog available for examination by an animal behaviorist,
    or may order any other control measures authorized by subdivision (g) of this section for
    protection of public health and safety.
    (1) Place of examination. The Department may arrange for the examination to be conducted at a
    shelter or other place where the Department determines the public will be adequately protected. If
    a dog is brought by its owner to a shelter for examination pursuant to this section, the dog shall
    not be deemed a homeless or abandoned dog, and the shelter shall not be required to surgically
    sterilize the dog prior to releasing it to its owner. However, such dog shall not be released unless
    it is currently vaccinated against rabies in accordance with Health Code §11.29, and has been
    licensed in accordance with §161.04 of this Article.
    (2) Failure to present dog for examination. If an owner fails to comply with an order of the
    Department to make his or her dog available for examination by an animal behaviorist, the
    owner’s failure to comply with such order shall be evidence in any hearing commenced by the
    Department that the dog is dangerous and that its owner is perpetuating a nuisance in violation of
    §3.07 of this Code.
    (f) Hearings.
    (1) Owner objections. The Department shall notify the owner of a dog of its preliminary
    determination that the dog is dangerous and of any control measures authorized by subdivision
    (g) of this section that it deems necessary to protect public health and safety. If the owner does
    not agree with the Department’s preliminary determination or that the proposed control measures
    are necessary, the Department shall serve the owner with a petition and notice of hearing to show
    cause at a hearing to be held at the City’s Office of Administrative Trials and Hearings (OATH)
    why the dog should not be found to be a dangerous dog and why conditions should not be
    imposed on the dog and owner to protect the public’s health and safety.
    16
    (2) Scheduling hearings.
    (A) An OATH hearing shall be scheduled by the Department for a date and time that is no
    more than twenty days after the petition is mailed to the owner, and the petition and notice of
    hearing shall be mailed to owner no later than fifteen days after the dog’s entry into the shelter,
    unless the owner of the dog and the Department agree to a later date. If the last dates for mailing
    and scheduling a hearing fall on a Saturday, Sunday or City holiday, the date of mailing the
    petition and scheduling the hearing shall be the next business day.
    (B) Such time periods shall not apply when the owner’s identity and address are not known
    when a dog is first admitted to a shelter. In such cases, when the Department subsequently learns
    the owner’s identity and address, and if the time for reclaiming a dog from a shelter has not
    expired, the time period to schedule a hearing set forth in paragraph (2) above shall start to run on
    the date the Department learns the owner’s identity and address.
    (3) Severe injuries. A dog that has caused a severe injury to any person, or a dog that the
    Department determines, based on the circumstances that prompted the Department’s
    investigation, was prevented from inflicting severe injury by the action of a third party or other
    circumstance, shall continue to be held in a shelter until and unless the Commissioner has
    received a report and recommendation of an OATH administrative law judge finding that the dog
    is not a dangerous dog.
    (4) Other injuries. A dog that does not meet the criteria in paragraph (3) above, may remain with
    its owner or, if held in a shelter, shall be returned to its owner, at the completion of the rabies
    observation period, to remain with its owner pending an OATH hearing.
    (5) Abandonment. If an owner of a dog that is preliminarily determined to be dangerous and that
    is being held at a shelter fails to appear at an OATH hearing and is found in default, or if the
    identity or address of a dog’s owner is unknown, such dog shall be deemed abandoned and shall
    be disposed of in accordance with applicable law.
    (g) Control measures authorized. The Commissioner may order any action deemed necessary to
    control a dangerous dog and prevent injuries to persons, including, but not limited to, ordering
    that a dangerous dog be:
    (1) Surrendered for the purpose of humane euthanasia;
    (2) Permanently removed from the City;
    (3) Muzzled whenever it is in a public place or in any open or unfenced area abutting on a public
    place;
    (4) Evaluated, at the owners’ expense, by an animal behaviorist to determine whether the animal
    and any persons handling the animal may be trained in the safe management of the animal, and be
    17
    trained when indicated;
    (5) Spayed or neutered, if the owner does not maintain proof satisfactory to the Department that
    the animal was previously altered;
    (6) Microchipped to enable identification of the dog if it inflicts further injury; or
    (7) Confined in a place where there are sufficient barriers between the dog and passersby
    lawfully on public streets and areas abutting the owner’s property.
    (h) Guard dogs. Any dog owned, kept, engaged in or trained to attack persons that is not
    currently registered with the Department as a guard dog pursuant to §161.09(g) shall be deemed
    to be a dangerous dog and shall be surrendered to the Department, upon the request of the
    Department, by the person who owns, possesses or controls it, for the purpose of performing an
    examination and for such other disposition as the Department may order in accordance with this
    section.
    (i) Dogs kept for dog fighting. Any dog owned, kept, engaged in or trained for dog fighting, or
    any dog owned, kept or trained to attack persons and not properly registered as a guard dog
    pursuant to §161.09 (g), shall be deemed to be a dangerous dog and shall be surrendered to the
    Department by the person who owns, possesses or controls it, for the purpose of performing an
    examination and for such other disposition as the Department may order in accordance with
    subdivision (g) of this section.
    (j) Dangerous dogs presumed to be a nuisance. When the Department determines that a dog is
    dangerous in accordance with this section, it shall be presumed that the owner or other person
    who harbored the dog trained, caused or permitted the dog to be dangerous, so as to establish a
    prima facie maintenance of a nuisance in violation of §3.09 of this Code.
    (k) Impoundment. A dog that is in a public area and that is menacing persons, or a dog that has
    caused a severe injury to a person, or a dangerous dog owned by a person who has violated an
    order of the Commissioner issued pursuant to this section, may be impounded by the Department
    or by a police or other peace officer, or killed by a police or other peace officer, if capture is
    dangerous.
    (l) Disclosure of medical information. In addition to submitting the reports of animal bites
    required by Article 11 of this Code, upon receipt of a written request from the Department, a
    medical or other health care provider shall forward to the Department copies of medical records
    concerning diagnosis and treatment of bites or other injuries to persons that were inflicted by, or
    resulted from attacks by dogs or other animals.
    (m) Public information relating to dangerous dogs.
    (1) Copies of records and reports maintained by the Department concerning dangerous dogs may
    18
    be made available in accordance with the Public Officers Law, provided that, if the persons
    injured who are the subjects of such records are not the persons requesting such reports, such
    reports shall be redacted of all identifying information about the subjects, complainants and
    person(s) injured or menaced.
    (2) Information about injuries caused by dangerous dogs contained in medical and other records
    obtained by the Department may be disclosed in the course of OATH proceedings to owners of
    dogs, their attorneys, and to administrative law judges at OATH if such information is relevant to
    a determination as to whether a dog is dangerous or has caused severe injury to a person. Such
    information shall not be further disclosed without authorization of the person to whom the records
    pertain except when disclosure may be necessary in further proceedings related to the OATH
    matter.
    Notes: §161.07 was repealed and recodified on XXX, updating its provisions and clarifying
    procedures for addressing the serious public health problems presented by dangerous dogs.
    Resolved, that §161.09 of the New York City Health Code, found in Title 24 of the Rules
    of the City of New York be, and the same hereby is, amended, to be printed together with
    explanatory notes, to read as follows:
    §161.09.
     
  2. Right On Reds

    Right On Reds Out Of The Brooder

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    Sep 13, 2009
    Permits to keep certain animals.
    (a) Permit required.
    (1) No person shall operate a pet shop, grooming parlor, boarding kennel or training
    establishment for small animals whose possession is not prohibited by §161.01 of this Article,
    without a permit issued by the Commissioner except that a pet shop that exclusively sells dogs
    and cats and is regulated by Article 26-A of the Agriculture and Markets Law, or successor law,
    shall not require a permit issued by the Commissioner.
    (2) Workers’ compensation and disability benefits insurance. No permit required by this Article
    shall be issued to any person unless such person produces proof satisfactory to the Department
    that policies for workers’ compensation insurance and disability benefits have been secured in
    accordance with Workers’ Compensation Law §56, or successor statute.
    (b) Animal shelter. No person shall construct or operate a shelter for homeless animals without a
    permit issued by the Commissioner.
    [(c) No person shall sell or keep for sale live rabbits or live poultry, including chickens, geese,
    ducks or other fowl, without a permit issued by the Commissioner. Such permit shall not include
    the right to slaughter rabbits or poultry for sale as food for human consumption for which a
    permit must be obtained pursuant to Article 93. A permit shall not be issued for the sale or
    19
    keeping for sale of live roosters, ducks, geese or turkeys in the built-up portions of the City. A
    permit shall not be issued for the sale or keeping for sale of live rabbits or poultry on the same lot
    as a multiple dwelling as defined in section 4 of the Multiple Dwelling Law or, unless the consent
    of the occupants is obtained, on the same lot as a two-family home. A permit shall not be issued
    unless the coops or runways are more than 25 feet from an inhabited building other than a onefamily
    home occupied by the applicant and unless the applicant submits to the Department the
    written consent of the owner of the lot on which the poultry or rabbits are to be kept.]
    [(d)] (c) Keeping and yarding of cattle, swine, sheep and goats prohibited. Except [on premises
    abutting upon a slaughter house,] as provided in §161.01(a) of this Article, no person shall [yard
    horses or] keep or yard cattle, swine, sheep or goats. [without a permit issued by the
    Commissioner. Such permit shall be issued only for unimproved areas of the borough of
    Richmond used for farming purposes.]
    [(e)] (d) Permits for horse stables required. No person shall maintain or operate a stable for
    horses without a permit issued by the Commissioner except that no permit shall be required
    where a natural person or family owns a horse stable solely for housing and maintaining horses
    owned and used by the person or family for its exclusive recreational, non-commercial purposes.
    [(f)] (e) Selling of certain animals prohibited. No person shall engage in the business of or hold
    herself or himself out as engaging in the business of importing, or selling, or offering for sale any
    animal of a species [which is wild, ferocious, fierce, dangerous, or naturally inclined to do harm
    or any venomous snake] whose possession is prohibited pursuant to §161.01 of this Article and
    no person shall operate a [snake farm engaged in the ] facility for the preparation or
    manufacturing of snake or arachnid anti-venom without a permit issued by the Commissioner.
    [(g)] (f) Small animal handling course required. No person who is charged with the supervision
    of a pet shop or business for the sale or offer for sale of dogs, cats or other small animals, or the
    boarding or grooming of small animals, or animal training, or similar type of operations, shall
    engage or be employed in such capacity unless he or she obtains a certificate indicating the
    successful completion of a course, acceptable to the Department, in the care and handling of such
    animals. Such certificate shall not be required for persons who are pet dealers who exclusively
    sell dogs and cats, in accordance with Article 26-A of the Agriculture and Markets Law.
    [(h)] (1) Such certificate shall be placed in a clean, transparent cover or frame and displayed on
    the premises where the holder thereof is so engaged or employed in such a manner as to be
    clearly visible to the public. It shall be available for inspection at all times by the Department. No
    person shall mutilate, obstruct or tear down such certificate.
    [(i)] (2) The holder of such certificate shall successfully complete a refresher course in the care
    20
    and handling of such animals when deemed necessary by the Department. The Department may
    require the holder of such certificate to complete a refresher course acceptable to the Department
    when the Department finds continuing violations of the Code, or when a zoonotic outbreak
    implicates animals cared for, treated or held in the establishment she or he supervises, or when
    the Department requires such course to acquaint him or her with current developments in animal
    care and handling principles.
    [(j)] (3) The Department may conduct such courses or approve courses conducted by educational
    institutions. Persons electing to enroll in such courses conducted by the Department may be
    charged a reasonable enrollment fee to defray all or part of the costs incurred by the Department
    in their administration.
    [(k)](g) Guard dogs. No person shall own a trained guard [or attack] dog for use within the City
    unless she or he has licensed and registered such animal with the Department. Any case of loss,
    theft or transfer of ownership of a trained guard [or attack] dog shall be reported by the owner to
    the Department within five (5) days of any such loss, theft or transfer. The Department may
    charge a reasonable fee to defray all or part of the cost incurred by the Department in the
    administration of this [subsection] subdivision.
    [(l)] (1) Microchipping required. The owner of a trained guard [or attack] dog shall have such
    dog implanted with a microchip as a permanent identification, and supply the identification
    number to the Department, and provide and see to it that such animal wears at all times a tag
    issued by the Department. Such tag shall have printed or stamped thereon, in clear and legible
    type, the words: "GUARD DOG" [or "ATTACK DOG"]. Such tag shall be suspended at least
    three quarters of an inch and not more than one and one half inches from a collar worn by such
    animal. Lost, stolen or damaged tags shall be reported to the Department and may be replaced by
    the Department at reasonable cost.
    [(m) All] (2) Signs to be posted. Owners or other persons in control of any premises in which a
    trained guard [or attack] dog is kept shall [be provided with] post a durable sign or notice, printed
    in clear and legible type [and conspicuously displayed], warning the public of the presence of
    such trained guard [or attack] dog. The sign shall include the name and other contact information
    for the owner of the guard dog. [All establishments used in the business of training, selling or
    renting]
    (3) Notice required. All persons who train, sell or rent guard [or attack] dogs shall [be provided
    with] post a durable sign or notice, printed in clear and legible type [and conspicuously displayed,
    advising the patrons or consumers of the requirements set forth in] stating that a copy of this
    section [applicable to the use of such animals in the City, and the person engaged in such
    21
    business shall provide a written copy of such notice to each of his or her patrons or consumers in
    a form deemed suitable by the Department] shall be provided by the trainer, seller or renter of a
    guard dog to any person who uses such dogs, warning that all users shall comply with licensing,
    tagging, microchipping and signage requirements.
    Notes: §161.09 was amended on XXX, relettering several provisions. Subdivision (c) was
    repealed and subdivision (d) was relettered as subdivision (c), and now prohibits keeping or
    yarding livestock except as provided in §161.01 (a) of this Article. Subdivision (e) was relettered
    as subdivision (d). Subdivision (f) was relettered as subdivision (e), and is substantially the same,
    but adds a requirement for a permit for production of arachnid anti-venom to the permit already
    required for production of snake anti-venom. Subdivision (h) has been relettered as subdivision
    (g); subdivision (i) is now paragraph (1); and subdivision (j) is now paragraph (2) of subdivision
    (g), regulating guard dogs and now requires microchipping, signage and notice requirements for
    owners of such dogs. The term “attack dog” has been deleted since the Department no longer
    licenses attack dogs.
    Resolved, that §161.11 of the New York City Health Code, found in Title 24 of the Rules
    of the City of New York be, and the same hereby is, amended, to be printed, together with
    explanatory notes, to read as follows:
    §161.11. Prevention of nuisances; cleaning.
    (a) A permit required by §161.09 shall not be issued unless the applicant proves to the satisfaction
    of the Commissioner that the place for which the application is made does not constitute a
    nuisance because of its proximity to a residential, business, commercial or public building, and
    that the place will be maintained so as not to become a nuisance.
    (b) The owner, lessee or person in charge of any place where animals are kept pursuant to a
    permit required by §161.09, shall take all measures necessary for [insect and rodent control]
    integrated pest management of insect, rodent and other vermin required by Article 151 of this
    Code, and shall conduct such place so as not to create an animal nuisance [by reason of the noise
    of the animals, the escape of offensive odors, or the maintenance of any condition dangerous or
    prejudicial to public health] as defined in this Article.
    (c) Every place where animals are kept pursuant to a permit required by §161.09 shall be
    equipped with and shall [have] maintain supplies of implements and materials, such as brooms,
    hoses, hose connections, vacuum cleaners where dusty conditions are found, covered metal
    receptacles, brushes, disinfectants and detergents, as may be required to maintain sanitary
    conditions. Such places shall have regularly assigned personnel to maintain sanitary conditions.
    22
    Notes: This section was amended on XXX to update its provisions.
    Resolved, that subdivision (a) be amended, and a new subdivision (e) be added to
    §161.15 of the New York City Health Code, found in Title 24 of the Rules of the City of New
    York, to be printed, together with explanatory notes, to read as follows:
    §161.15. Keeping of small animals for sale, boarding, grooming, or training.
    (a) [Dogs, cats, birds or other small animals shall not] No animals shall be sold or held for sale,
    or boarded, groomed or trained in a room in which a person lives. [Such] No aquatic animals, as
    defined in Article 81 of this Code, except live food fish species from a source authorized by
    applicable law to supply such fish or live fish in an ornamental aquarium, shall [not] be sold or
    held for sale or kept in the same place where food or drink is sold for human consumption [unless
    necessary precautions are taken to prevent contamination of the food or drink and the creation of
    a nuisance].
    * * *
    (e) A holder of a permit to operate a boarding kennel shall require proof from the owner of each
    dog provided services that such dog is currently actively vaccinated against rabies, distemper,
    adenovirus, parainfluenza, parvovirus and Bordetella, shall maintain such proof on the premises,
    and shall provide such records for inspection to the Department upon request.
    Note: Subdivision (a) was amended on XXX to clarify prohibitions on keeping small animals and
    fish in food service establishments, and a new subdivision (e) was added to require
    immunizations for dogs provided services in boarding kennels.
    Resolved, that §161.17 of the New York City Health Code, found in Title 24 of the Rules
    of the City of New York be, and the same hereby is, amended, to be printed, together with
    explanatory notes, to read as follows:
    §161.17. Small animals kept for sale, shelters, kennels and training establishments; physical
    facilities and maintenance.
    A place issued a permit pursuant to §161.09 of this Article where small animals are kept for sale,
    a shelter for homeless animals or a kennel or other place where animals are boarded or trained
    shall meet the requirements of [Article 135 governing walls, floors, ventilation, lighting and
    plumbing] Articles 131 and 151 of this Code for maintenance of the physical facilities and
    eliminating conditions conducive to pests. An individual cage shall be provided for the use of
    each dog or cat three months of age or over except when isolation in a separate cage is medically
    contraindicated or, as specified in individual cases, animals are caged together for a humane
    reason. A veterinarian shall provide a written statement and such documentation as the
    23
    Department may require indicating the reason why more than one animal should be caged
    together. Such documentation shall be maintained on the premises and be available for
    inspection. The floors, walls, implements and cages in such place shall be kept clean and in good
    repair. Cages shall be disinfected when necessary. Nothing in this Code shall prohibit the
    establishment of canine or feline congregate socialization or play areas in boarding facilities
    regulated by this Code provided that animals allowed in such areas are certified by a veterinarian
    as vaccinated against rabies and free of other diseases transmissible to humans or other animals.
    Notes: This section was amended on XXX to update references to other Health Code articles and
    to apply to cats the provisions allowing for congregate play and socialization afforded to dogs in
    boarding facilities
    Resolved, that §161.19 of the New York City Health Code, found in Title 24 of the Rules
    of the City of New York be, and the same hereby is, amended, to be printed, together with
    explanatory notes, to read as follows:
    §161.19. Keeping of livestock, live poultry and rabbits.
    (a) No person shall keep a live rooster, duck, goose or turkey in [a built-up portion of] the City of
    New York except (1) in a slaughterhouse authorized by federal or state law that is subject to
    inspection by the New York State Department of Agriculture and Markets or the United States
    Department of Agriculture, or (2) as authorized by §161.01 (a) of this Article.
    (b) A person who [holds a permit] is authorized by applicable law to keep for sale or sell
    livestock, live rabbits or poultry shall keep [them in coops and runways and prevent them from
    being at large. Coops shall be whitewashed or otherwise treated in a manner approved by the
    Department at least once a year and at such other times as the Department may direct in order to
    keep them clean. Coops, runways] the premises in which such animals are held and slaughtered
    and the surrounding areas [shall be kept] clean and free of animal nuisances.
    (c) Live rabbit and poultry markets. Live rabbits and poultry intended for sale shall not be kept on
    the same premises as a multiple dwelling as defined in section 4 of the Multiple Dwelling Law, or
    other residence. Coops or runways of live rabbit and poultry markets shall be located at least 25
    feet away from any building.
    Notes: This section was amended on XXX to modernize provisions related to keeping livestock,
    poultry and rabbits in the City.
    Resolved, that §161.21 (Yarding of horses, cattle, swine, sheep and goats) and §161.23
    (Stables for horses; physical facilities and maintenance) of Article 161 of the New York City
    Health Code, found in Title 24 of the Rules of the City of New York, be and the same hereby are
    24
    repealed, and that §161.23 (Horse stables; rabies vaccination for horses; nuisance prevention), be
    recodified, to be printed together with explanatory notes, to read as follows:
    §161.21 Horse stables; rabies vaccination for horses; nuisance prevention.
    (a) Applicability and scope. This section shall apply to all commercial stables, including, but not
    limited to, stables whose owners board horses for individual horse owners; stables that provide
    riding lessons and rent horses to the public; stables that board stable owners’ or other owners’
    carriage or other rental horses regulated by Chapter 4 of Title 24 of the Rules of the City of New
    York; and, except for stables under the jurisdiction of the New York Racing Association, stables
    that board or temporarily provide housing and maintenance for horses in exhibitions, shows,
    competitions, or other events. Requirements for rabies vaccination for horses shall apply to all
    horses housed or brought into any stable in the City of New York regardless of whether the stable
    is required to hold a permit issued pursuant to this Article. The duty to prevent nuisance and
    provisions of this Code that require maintenance and sanitation of stables and other premises shall
    apply to the owners, operators and users of all stables and any other facilities or places where
    horses are used, kept or boarded.
    (b) Physical facilities. Stables shall meet all requirements of Articles 131 and 151 of the Code
    and this Article for maintenance of the physical facilities and eliminating conditions conducive to
    pests.
    (1) Walls and ceilings. Walls and ceilings shall be covered with a smooth, nonabsorbent lightcolored
    finish and shall be maintained clean at all times.
    (2) Floors. Floors shall be level, free of holes and openings and graded for proper drainage to
    trapped sewer connections.
    (3) Doors. Doors to the exterior shall be properly rodent-proofed.
    (4) Toilets. A sufficient number of toilets and sinks with running water, soap and individual
    clean towels or mechanical drying devices shall be provided for the use of employees.
    (5) Storage areas. Storage areas shall be of adequate size, and shall be insect and rodent-proofed
    so as to provide no pest harborage and shall be kept free of pests.
    (6) Fire hazards. Premises shall be kept free of fire hazards. Effective July 1, 2011, all buildings
    in which stables are located shall be equipped with an operational sprinkler system installed in
    accordance with §BC903.3.1.1 of the New York City Building Code, or successor provision.
    (8) Electrical wiring.
    (A) All electrical appliances shall be plugged directly into properly grounded electrical outlets.
    (B) Electrical wiring shall be installed and maintained in metal electrical conduits.
    (C) Extension cords may be used for brief periods of time, not to exceed three (3) hours, and
    25
    such cords shall be disconnected and removed when the appliances or tools to which they are
    connected are not being used.
    (7) Lighting. Interiors and exteriors of stable premises shall be adequately lighted by natural or
    artificial means so as to permit the activity for which the stables are used to be carried on safely
    and to permit effective inspection and the cleaning of the premises.
    (8) General sanitation and maintenance. All physical facilities and equipment in a stable and
    any premises abutting a stable shall be kept clean and maintained in good repair. All interior
    areas and exterior areas surrounding a stable shall be kept clean, shall be properly graded, drained
    and kept free of nuisances including, but not limited to, odors and accumulation of refuse or
    excrement.
    (9) Equipment. Saddles, blankets, harnesses, bridles and bits and other equipment shall be
    properly fitted and kept in good repair. Blankets, bridles and bits shall not be used by another
    horse unless disinfected and treated to remove insects and parasites. Each stable shall have
    implements and materials such as brooms, hoses, hose connections, covered metal receptacles,
    brushes, disinfectants and detergents as may be required to maintain sanitary conditions.
    (10) Pest management. All stables shall establish procedures for control of pests, birds and other
    wildlife, and shall institute an integrated pest management program for insect, rodent and other
    vermin in accordance with Article 151 of this Code.
    (11) Stalls. Stalls shall be cleaned as often as necessary to prevent odors and other nuisance
    conditions. On or after January 1, 2011, no new stables shall be equipped with stalls that are
    located above the first or street level floor of the stable.
    (12) Bedding.
    (A) Bedding in stalls shall be changed at least once daily.
    (B) Bedding provided shall be at least three inches deep, and shall consist of suitable materials
    that will absorb fluids and odors and that do not contain any materials toxic to horses.
    (C) Straw, hay or other material used as bedding shall not be placed upon a street, sidewalk or
    roof of a building or in an area that may cause a fire hazard or be conducive to pests.
    (c) Food and water.
    (1) Troughs and mangers. Troughs and mangers shall be cleaned daily, kept clean and free of
    rodent and bird droppings.
    (2) Feed quality. Stable owners shall provide sufficient nutritional foods appropriate for the
    type, age and condition of horses boarded at the stable.
    (3) Storage. Feed shall be stored in clean, dry, sealed containers secure from horse, rodent and
    other pest access, kept clean and uncontaminated by rodent feces, insects and non-feed substances
    26
    such as dust, mold, vermin and other contaminants.
    (4) Hay. Hay shall be kept clean and dry and shall be stored in areas that are inaccessible to
    birds, rodents, insects and other pests.
    (5) Water. Horses shall have access at all times to an adequate and clean water supply. Horsewatering
    troughs shall be constructed of easily cleanable materials, maintained in a clean and
    sanitary condition and supplied with potable water.
    (d) Manure. Manure shall be collected and disposed of in a manner that does not create a
    nuisance. All manure and other refuse shall be kept and treated within the stable so as to
    minimize odors and prevent the breeding of flies or other nuisance conditions.
    (e) Rabies vaccination. All horses owned, boarded, used or brought into the City of New York
    for any purpose shall have an annual rabies vaccination. Every person who owns or maintains a
    stable for horses shall maintain records of rabies vaccinations and make such records available to
    officers, agents and employees of the Department for examination upon request.
    (f) Emergencies. Every person who holds a permit to operate a stable shall establish and maintain
    written procedures to respond to fires and other emergencies, and for care of injured or sick
    horses. A copy of the written procedures shall be kept in the stable, and updated as necessary.
    Owners shall notify and train all employees in the procedures outlined in the protocols for
    emergency management. Copies shall be made available to stable employees, and to employees,
    agents and officers of the Department.
    (g) Emergency contact information. Owners of stables shall provide employees with primary and
    alternative emergency telephone or other contact information for owners of the stable and horses
    housed in the stable. Owners of horses housed in stables shall provide the owners of such stables
    with emergency telephone or other contact information.
    (h) Trailers. A horse trailer in operating condition shall be maintained at all times in each stable
    for emergency transport.
    Notes: This section was adopted on XXX, applies to all commercial stables in the City and
    incorporates and modernizes provisions of former §161.23.
    Resolved, that Article 161 of the New York City Health Code, found in Title 24 of the
    Rules of the City of New York be, and the same hereby is, amended by adding a new §161.23, to
    be printed together with explanatory notes, to read as follows:
    §161.23 Sterilization of shelter animals.
    (a) Sterilization required. No animal shall be released from an animal shelter for adoption by or
    return to a resident of the city of New York without first being spayed or neutered, except if the
    27
    animal is exempt from sterilization pursuant to §17-804 of the Administrative Code.
    (b) Release to animal rescue groups. Whenever practicable, animals shall not be released by a
    shelter to an animal rescue group without first being spayed or neutered when such animal is
    being taken by the animal rescue group to assist in its adoption by others, except if, in the
    judgment of the shelter veterinarian, the health of the animal would be compromised by
    sterilization surgery at the time of release to the rescue group. No dog may be released by an
    animal rescue group to a person who resides in the City of New York unless the dog is sterilized
    and licensed pursuant to §161.04 of this Article.
    (c) Objections to sterilization. Any resident of the City of New York seeking to redeem an animal
    from a shelter and objecting to its sterilization may bring a cause of action in a court of competent
    jurisdiction seeking a declaration that such animal need not be sterilized.
    (1) Upon delivery to the shelter operator of a bond in the amount of $20,000, the animal shall be
    returned to its owner.
    (2) The bond amount shall be returned to the owner at the conclusion of the litigation, if the
    owner prevails in such litigation.
    (3) The bond shall be forfeited if
    (A) No cause of action is commenced within three months of the release of the animal to its
    owner, or
    (B) The owner does not prevail in such litigation, and the animal either is (i) not returned to the
    shelter for sterilization or (ii) verifiable proof of sterilization is not submitted to the shelter.
    (4) Spay neuter fund established. Sums collected from forfeited bonds shall be transmitted by
    the shelter operator to the Fund for Public Health in New York, Inc., or other not for profit
    agency approved by the Department, and placed in an animal spay neuter fund to be established
    by such fund or other agency. Expenditures of such collected sums shall be authorized by the
    Department to pay for free or low-cost animal sterilization services.
    Notes: This section was adopted on xxx to clarify sterilization requirements for dogs and cats
    released from a shelter subject to provisions of Administrative Code §17-804. It provides for
    procedures allowing owners who object to sterilization to remove the animals from the shelter
    without sterilization, and requiring such persons to post a bond that would be forfeited if the
    owners failed to prevail in a court challenge, or failed to challenge the sterilization requirement in
    court. Sums collected from forfeited bonds would be dedicated to cover the costs of free or
    subsidized spay and neuter services for dogs and cats.
    28
    Resolved, that Article 161 of the New York City Health Code, found in Title 24 of the
    Rules of the City of New York be, and the same hereby is, amended by adding a new §161.25, to
    be printed together with explanatory notes, to read as follows:
    §161.25 Modification by the Commissioner.
    When the strict application of any provision of this article presents practical difficulties or
    unusual hardship, the Commissioner in a specific instance may modify the application of such
    provision consistent with the general purpose of this article and upon such conditions as, in his or
    her opinion are necessary to protect public health.
    Notes: This section was adopted on xxx to authorize the Commissioner or designee to modify
    provisions of this Article as necessary.
    Resolved, that the Schedule of Section Headings in Article 161 of the New York City
    Health Code, found in Title 24 of the Rules of the City of New York be, and the same hereby is,
    amended to be printed together with explanatory notes, to read as follows:
    ARTICLE 161
    ANIMALS
    §161.01 Wild and other animals prohibited.
    * * * *
    §161.07 [Vicious or dangerous animals.] Dangerous dogs.
    * * * *
    §161.19. Keeping of livestock, live poultry and rabbits.
    [§161.21 Yarding of horses, cattle, swine, sheep and goats.]
    §161.21 Horse stables; rabies vaccination for horses; nuisance prevention.
    §161.23 Sterilization of shelter animals.
    §161.25 Modification by the Commissioner.
    Notes: The Schedule of Section Headings was amended by resolution on XXX to include new
    §§161.21, 161.23 and 161.25, added that date, and to reflect amendments to the titles of §§161.01
    and 161.19.
    Article 161 intention.doc
     
  3. Right On Reds

    Right On Reds Out Of The Brooder

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    Sep 13, 2009
    DEPARTMENT OF HEALTH AND MENTAL HYGIENE
    COMMISSIONER OF HEALTH AND MENTAL HYGIENE
    NOTICE OF PUBLIC HEARING
    NOTICE OF INTENTION TO AMEND CHAPTER 4
    OF TITLE 24 OF THE RULES OF THE CITY OF NEW YORK
    IN COMPLIANCE WITH SECTION 1043(a) OF THE NEW YORK CITY CHARTER NOTICE IS
    HEREBY GIVEN OF THE PROPOSED AMENDMENT OF CHAPTER 4 (HEALTH, SAFETY
    AND WELL-BEING OF RENTAL HORSES) OF TITLE 24 OF THE RULES OF THE CITY OF
    NEW YORK.
    NOTICE IS HEREBY GIVEN THAT THE DEPARTMENT OF HEALTH AND MENTAL
    HYGIENE WILL HOLD A PUBLIC HEARING ON THE PROPOSAL FROM 10:00 A.M. TO
    12:00 NOON ON WEDNESDAY, FEBRUARY 3, 2010 IN THE THIRD FLOOR BOARDROOM
    (ROOM 330) AT 125 WORTH STREET, NEW YORK, NEW YORK 10013.
    PERSONS INTERESTED IN PRE-REGISTERING TO SPEAK SHOULD NOTIFY, IN
    WRITING, RENA BRYANT, SECRETARY TO THE BOARD OF HEALTH, 125 WORTH
    STREET CN-31, NEW YORK, NEW YORK; (212) 788-5010 BY 5:00 P.M. TUESDAY,
    FEBRUARY 2, 2010. PLEASE INCLUDE A TELEPHONE NUMBER WHERE, IF NECESSARY,
    YOU MAY BE REACHED DURING NORMAL BUSINESS HOURS. SPEAKERS WILL BE
    LIMITED TO FIVE (5) MINUTES.
    PERSONS WHO REQUEST THAT A SIGN LANGUAGE INTERPRETER OR OTHER FORM
    OF REASONABLE ACCOMMODATION FOR A DISABILITY BE PROVIDED AT THE
    HEARING ARE ASKED TO NOTIFY RENA BRYANT, SECRETARY TO THE BOARD OF
    HEALTH, 125 WORTH STREET CN-31, NEW YORK, NEW YORK 10013; (212) 788-5010 BY
    JANUARY 20, 2010. REGISTRATION WILL BE ACCEPTED AT THE DOOR UNTIL 12:00
    P.M. ON FEBRUARY 3, 2010. HOWEVER, PREFERENCE WILL BE GIVEN TO THOSE WHO
    PREREGISTER.
    WRITTEN COMMENTS REGARDING THE PROPOSAL ADDRESSED TO THE
    ATTENTION OF THE BOARD OF HEALTH MUST BE SUBMITTED TO RENA BRYANT,
    SECRETARY TO THE BOARD OF HEALTH, BY MAIL TO 125 WORTH STREET CN-31, NEW
    YORK, NEW YORK 10013, BY FAX TO (212) 788-4315, BY E-MAIL TO
    [email protected] OR ONLINE (WITHOUT ATTACHMENTS)
    AT http://www.nyc.gov/html/doh/html/notice/notice.shtml ON OR BEFORE 5:00 P.M.,
    WEDNESDAY, FEBRUARY 3, 2010.ATTACHMENTS TO ONLINE COMMENTS MUST BE
    MAILED OR FAXED. COMMENTS RECEIVED AFTER FEBRUARY 3, 2010 WILL BE
    CONSIDERED TO THE EXTENT POSSIBLE.
    WRITTEN COMMENTS RECEIVED BY THE SECRETARY TO THE BOARD OF HEALTH
    AND A TRANSCRIPT OF THE PUBLIC HEARING WILL BE AVAILABLE FOR PUBLIC
    INSPECTION WITHIN A REASONABLE TIME AFTER RECEIPT, BETWEEN THE HOURS OF
    9:00 A.M. AND 5:00 P.M. AT THE OFFICE OF THE SECRETARY. THE DEPARTMENT’S
    GENERAL POLICY IS TO MAKE WRITTEN COMMENTS AVAILABLE FOR PUBLIC
    VIEWING ON THE INTERNET. ALL COMMENTS RECEIVED, INCLUDING ANY
    PERSONAL INFORMATION PROVIDED, WILL BE POSTED WITHOUT CHANGE TO
    http://www.nyc.gov/html/doh/html/comment/comment.shtml
    Statutory Authority
    This amendment is authorized by §§389(b) and 1043 (a) of the New York City Charter
    (the “Charter”) and §17-330 of the New York City Administrative Code (the “Administrative
    Code”). Charter §389(b) provides that “heads of mayoral agencies shall have the power to adopt
    rules to carry out the powers and duties delegated to the agency head or the agency by or pursuant
    to federal, state or local law.” Charter §1043(a) authorizes each agency to “adopt rules necessary
    to carry out the powers and duties delegated to it by or pursuant to federal, state or local law.”
    Statement of Basis and Purpose
    Chapter 4 (Health, Safety and Well-Being of Rental Horses) was added to Title 24 of the
    Rules of the City of New York to implement Local Law 4 of 1982 (renumbered Local Law 64 of
    1982) which established Subchapter 3 (Rental Horse Licensing and Protection Law) of Chapter 3
    of Title 17 of the Administrative Code. Administrative Code §17-331 provides that the
    Commissioner shall appoint an Advisory Board that “shall make recommendations to the
    commissioner on regulations necessary to carry out the provisions of this subchapter and to
    promote the health, safety and well-being of horses which are required to be licensed hereunder
    and members of the public who hire such horses.”
    The Advisory Board appointed by the Commissioner and the Department of Health and
    Mental Hygiene (the “Department”) are proposing that Chapter 4 be amended to incorporate
    more modern and humane standards for management, care and treatment of rental horses, and
    protection of the public. In addition, an attempt has been made to clarify that enforcement of
    most of these provisions is within the authority of agents and employees of the Department, the
    Department of Consumer Affairs, the ASPCA, and the NYPD. Provisions which apply generally
    to boarding, housing and care of all horses in stables required to hold Department permits have
    been incorporated in §161.21 of the New York City Health Code (the “Health Code”). Provisions
    which would apply only to care and housing of horses used in rental horse businesses have been
    revised when relevant and kept in Chapter 4.
    §4-01. Definitions. The following changes have been made to this section:
    “Abuse” – adds reference to Chapter 26 of the State Agriculture and Markets Law, and
    associated regulations.
    “Bureau of Animal Affairs” – deleted; replaced by successor program at the Department, Office
    of Veterinary Public Health Services.
    “Commissioner” – adds “Mental Hygiene” to Department of Health.
    “Rental horse” – definition has been expanded to include any commercial use of a horse,
    including in exhibitions, theatrical or motion picture productions.
    “Rental horse business” – lists the law and regulations for operation of such businesses.
    “Retirement” – added to define the period when a rental horse is no longer employed in a rental
    horse business.
    “Stable” – adds a reference to Article 161 of the Health Code which regulates all commercial
    stable premises.
    “Veterinarian” – amended to specify a veterinary practitioner currently licensed in any United
    States jurisdiction.
    “Work” – definition has been expanded to include work done by rental horses for any
    commercial purpose.
    Abbreviations have been added to this section for “DCA” (Department of Consumer Affairs)
    and “NYPD” (New York City Police Department) and “Health Code” (New York City Health
    3
    Code). It should be clear, however, that although veterinarians, agents, employees and officers of
    these agencies are authorized to inspect stables, and the records required to be kept at stables by
    owners of licensed rental horses, they are not authorized to enforce these regulations by issuing
    notices of violation, or in any other manner. Each of these agencies has its own enforcement
    responsibilities under applicable law, and the ability to inspect conditions under which horses are
    kept at stables, and the records required to be kept at stables, is necessary for the agencies to
    exercise their enforcement responsibilities.
    §4-02. Administrative Requirements.
    Most of the substantive provisions of this section that track the requirements in the
    Administrative Code have been retained. However, some changes have been made.
    Subdivision (a) requires that when a work horse has been transferred to a new owner, and the
    new owner intends to use the horse in a rental horse business, the new owner shall apply for a
    new license for the horse within 15 days of the transfer date. Paragraph (6) codifies current
    Department practice, designating the DCA as the Department’s agent for the purpose of
    processing license applications.
    Subdivision (b) requires that every rental horse licensed pursuant to this chapter be
    microchipped, and the unique identifying microchip number included on all documents, licenses
    and license tags related to the horse, to enable government agency inspectors and humane law
    enforcement agents to verify horses’ identity at all times. The chip required to be used would be
    one that is registered with its manufacturer and for which scanners are available commercially
    enabling the information on the chip to be readily deciphered.
    Subdivision (c) already requires that the owner of a rental horse notify the Department when a
    currently licensed rental horse dies at work, or under suspicious circumstances, and adds as
    examples of such circumstances instances where the horse was under 15 years of age, or had
    colic.
    Subdivision (d) (1) has been amended to require that stables be constructed, maintained,
    equipped and operated in accordance with Article 161 of the Health Code and paragraph (2) adds
    requirements for recording in the daily log the microchip number of the horse, and recordings of
    ambient air temperature at the stands approved by the City Department of Transportation for
    horse drawn carriages to await passengers. Since no agency has resources to monitor these
    temperatures several times a day to determine when horses should be relieved of work during
    extreme temperatures, the responsibility for keeping records of temperatures has been placed on
    the drivers of horse drawn carriages who take the horse out of the stable each day.
    Subdivisions (e) and (f) are new. Subdivision (e) requires a written emergency protocol, in
    accordance with §161.21 of the Health Code, and subdivision (f) requires that emergency cellular
    or other telephone contact information for owners of rental horse businesses be provided to all
    employees of such businesses.
    §4-03. Housing.
    A number of changes in this section and §4-04 are intended to upgrade stable conditions.
    Provisions that apply to commercial stables generally have been deleted from Chapter 4 entirely
    and have been included in Article 161 of the New York City Health Code, which is also being
    extensively revised by the Board of Health.
    Subdivision (b) requires sprinkler systems to be installed in all rental horse stable premises by
    July 1, 2011. Most rental horse stable premises are in very old buildings which are not required
    by the City Building Code to maintain active fireproofing or fire retarding systems. They contain
    large quantities of straw, and other dry materials, have wooden stalls and ramps, and are not
    required to have sprinklers. The Department believes this is a very important safety measure.
    The Advisory Board has recommended, and a new subdivision (d) would require, that
    beginning, July 1, 2011, stalls for rental horses in stables measure at least eight by eight or seven
    4
    by ten feet, in a configuration that allows an untethered horse to turn around and lay down in the
    stall. In addition, beginning July 1, 2011, no new stables may be built with stalls above the first,
    ground or street floor of the stable. This requirement has been included in Article 161 of the
    Health Code.
    A new subdivision (e) requires that horses be furloughed for at least five weeks in every 12
    months, and that records of furloughs be kept and made available for inspection. The five weeks
    of furlough may be spent at a stable, if the stable is equipped with sufficient size pasturage.
    A new subdivision (f) requires that horses be exercised daily unless exercise is otherwise
    restricted by a veterinarian.
    §4-04 Horse care.
    Subdivision (b) adds a provision that horses be provided with adequate supplies of potable water
    to drink at work, and that food and water supplies be maintained in compliance with Health Code
    §161.21.
    Subdivision (c) (Veterinary care) adds a provision that records of examinations and treatments
    be maintained at the horses’ stables. A new provision, recommended by the Advisory Board, in
    paragraph (2) requires horses to be currently vaccinated against rabies, Eastern/Western equine
    encephalitis, West Nile virus, Rhinopneumonitis virus, and tetanus, and have an annual Coggins
    test. Paragraph (3) inserts a separate requirement that horses be examined and treated for internal
    parasites.
    Although the Advisory Board has recommended that licensed horses be examined at least twice
    a year, the Administrative Code expressly limits such examinations to no more than one per year.
    Administrative Code §17-330 (n) provides that “Every horse required to be licensed hereunder
    shall be examined by a veterinarian prior to its use in a rental horse business and thereafter at
    intervals of not more than one year. …”
    Subdivisions (d) and (e) are substantively unchanged, and refer to provisions in §161.21 of the
    Health Code regarding maintenance of equipment and grooming.
    §4-05 Working conditions.
    To increase public safety, subdivision (a) adds a requirement that drivers and riders of rental
    horses not leave horses unattended and hold the reins of the horses at all times when horses are
    not stabled.
    A new paragraph (2) of subdivision (b) requires that owners of carriage horse businesses
    provide their drivers with an accurate thermometer to measure the ambient air temperature at the
    places where the drivers wait to pick up passengers. Administrative Code §17-330 (o)(1) and (2)
    require that carriage horses not be worked when air temperature measurements are below 18
    degrees Fahrenheit or above 90 degrees Fahrenheit. Paragraph (3) of Administrative Code §17-
    330(o) requires such temperatures to be 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 [Administrative]
    code.” It is clearly beyond the resources available to any government agency to employ and
    assign sufficient government personnel to constantly take such temperature measurements, and
    the rule therefore designates the drivers of the carriages to take and record such measurements at
    the places where the carriages are allowed to stand and receive passengers, each time the carriage
    returns to its designated stand.
    Paragraph (1) of subdivision (c) would restrict work on a night shift to the hours before 3 a.m.
    Subdivision (e) has been amended to add a new provision in paragraph (1) that prohibits
    licensing “new” carriage horses that are younger than four or older than 20 years of age.
    §4-06 Owners, riders and operators.
    Subdivision (a) which prohibits specific distractions as a safety measure has been amended by
    adding prohibitions on smoking by drivers and passengers, and use by drivers of cell phones,
    5
    cameras, and electronic music players, e-mailing or text messaging, or any other devices that
    would distract drivers of horse drawn carriages.
    Subdivision (c) adds a requirement that riding horses be matched to the rider’s age, current skill
    level and experience, incorporating a recommendation of the State Department of Agriculture and
    Markets Horse Health Assurance Program.
    New subdivisions (h) and (i) update these rules to indicate that license suspensions and
    revocations, and suspensions of horses from work, are to be adjudicated at the City’s Office of
    Administrative Trials and Hearings, and that proceedings are to be conducted in accordance with
    Article 5 of the Health Code and Chapter 7 of Title 24 of the Rules of the City of New York.
    §4-07 Training program for drivers of horse drawn cabs; fees.
    A new subdivision (b) adds a requirement that a person registering for the course hold a
    currently valid license to drive a motor vehicle. The purpose of this requirement is to enhance
    safety of the public in general, passengers in carriages and horses, and the horses driven.
    Administrative Code §17-334.1 requires the Department to offer a training program, and to cover
    among its topics “traffic laws and rules of the city of New York.” These traffic laws and rules
    have grown increasingly complex, and cannot be taught more than superficially in the brief
    training course offered by the Department. A horse drawn carriage driver who is not at least a
    licensed motor vehicle driver cannot be expected to know and observe rules governing all traffic,
    safeguard his or her passengers, and safely control his or her carriage and horse.
    A new subdivision (d) provides that training materials and examinations will be regarded as
    confidential and will be withheld from disclosure to the full extent of the law. The Department
    uses the same materials without revision for five years, and the new rule would seek to prevent
    disclosure of the training materials and examinations for that period.
    Statement Pursuant to Charter Section 1042 - Regulatory Agenda
    The proposed rule change was not included in the Department’s Regulatory Agenda
    because the need for the rule was not known at the time the Regulatory Agenda was published.
    Note - Matter to be deleted is in [brackets]
    Matter underlined is new
    §1. It is hereby proposed that §4-01 of Chapter 4 of Title 24 of the Rules of the
    City of New York be amended to read as follows:
    § 4-01. Definitions. When used in [these regulations] this Chapter:
    Abuse. "Abuse" means the failure to provide care for a horse in the manner prescribed by these
    regulations, [and/or] Subchapter 3 of Chapter 3 of Title 17 of the New York City Administrative
    Code, Article 26 of the Agriculture and Markets Law, or successor law, and any regulations of
    the Commissioner of the Department of Agriculture and Markets, or any other physical
    maltreatment of the rental horse.
    Adverse weather conditions. "Adverse weather conditions" means any weather conditions which
    are hazardous to the health and safety of horse, driver, rider or public.
    ASPCA. "ASPCA" means the American Society for the Prevention of Cruelty to Animals.
    6
    [Bureau of Animal Affairs. "Bureau of Animal Affairs" means the Bureau of Animal Affairs Of
    the Department of Health.]
    Carriage horse. "Carriage horse" means any horse which is used by its owner or any other
    person to pull any vehicle, carriage, sled, sleigh or other device in exchange for a fee. A horse
    rented or leased by its owner to another for any of the foregoing purposes shall be deemed to be a
    carriage horse for the purposes of this title.
    Commissioner. "Commissioner" means the Commissioner of the New York City Department of
    Health and Mental Hygiene.
    DCA. “DCA” shall mean the Department of Consumer Affairs of the City of New York, or
    successor agency.
    Department. "Department" means the New York City Department of Health and Mental
    Hygiene.
    Driver. "Driver" means an individual licensed by the New York City Department of Consumer
    Affairs to operate a horse drawn carriage for a fee.
    Duplicate tag or certificate. "Duplicate tag or certificate" shall include any replacement of the
    original thereof.
    Fee. "Fee" means a monetary or other consideration for the rental of a horse.
    Health Code. “Health Code” shall mean the New York City Health Code, found in Title 24 of
    the Rules of the City of New York.
    NYPD. “NYPD” shall mean the New York City Police Department.
    Owner. "Owner" means the owner of a horse which is required to be licensed pursuant to these
    regulations and the owner of a rental horse business in which such horse is used.
    Person. "Person" means an individual, partnership, corporation, association or other legal entity.
    Rental horse. "Rental horse" means a horse which is used in a rental horse business for any
    commercial use including, but not limited to, riding, exhibitions, or drawing a horse drawn
    carriage or other vehicle.
    Rental horse business. "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, including, but not limited to, [such as] a
    horse drawn cab business regulated by Subchapter 21, Chapter 2, of Title 20 of the New York
    City Administrative Code and the rules of the Department of Consumer Affairs (DCA) in Title 6
    RCNY Chapter 2, or successor agency.
    Retirement. “Retirement’ means the period of a horse’s life during which the horse is not used in
    a rental horse business.
    7
    Rider. "Rider" means an individual to whom a riding horse is rented for a fee.
    Riding horse. "Riding horse" means a horse which is available to the public for a fee for the
    purpose of riding.
    Stable. "Stable" means any place, establishment or facility subject to Article 161 of the New
    York City Health Code where one or more rental horses are housed or maintained.
    Under tack. "Under tack" means that a horse is equipped for riding or driving.
    Veterinarian. "Veterinarian" means a person currently licensed to practice veterinary medicine in
    the [State of New York,] United States.
    Work. ["Work" means a] 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, pulling 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, or when it is being used for other commercial purposes, including but not limited to
    exhibitions, street fairs, and other events.
    §2. It is hereby proposed that §4-02 of Chapter 4 of Title 24 of the Rules of the
    City of New York be amended to read as follows:
    § 4-02. Administrative Requirements.
    (a) [License.] Horse license required.
    (1) No person shall use or offer the use of a horse in a [Rental Horse Business] rental horse
    business unless such horse is licensed pursuant to [the provisions of these regulations. For
    purposes of these regulations, the use of a horse in the Rental Horse Business means that a horse
    is used or offered for use for the purposes of riding or is used in the operation of a horse drawn
    vehicle for hire, such as a horse drawn cab.] this Chapter.
    (2) A license shall be issued for a term of one year from the date of issuance thereof and shall be
    renewed prior to the expiration of such date.
    (3) The annual fee for a license or renewal shall be twenty-five dollars.
    (4) An application for a license or renewal of a license shall be made [to the Department. Such
    application] on a form provided by the Department and shall contain the name and address of the
    owner of the horse and the rental horse business in which such horse is to be used, the age, sex,
    color, marks and any other identifying marks such as brands or tattoos of the horse, microchip
    number, the location of the stables where the horse is to be kept and any other information
    [which these regulations may require.] required by the Department. The application shall be
    accompanied by the license or renewal fee, and the health certificate specified in paragraph (7) of
    this subdivision. No license shall be transferable. Upon the transfer of ownership of any horse, the
    8
    new owner shall file an application for, and shall obtain a license for such horse within 15 days of
    the transfer date if the new owner intends to use the horse in a rental horse business in New York
    City.
    (5) The Commissioner shall not issue or renew a horse license unless he or she is satisfied in
    accordance with Article 5 of the Health Code that the [provisions of] applicant for a new or
    renewal license is able and willing to comply with all applicable provisions of federal, state and
    local law, including the Agriculture and Markets Law, the [New York City] Health Code, the
    Administrative Code and [these regulations will be met] this Chapter.
    (6) The Commissioner may designate the Department of Consumer Affairs (“DCA”), or
    successor agency, as the agent of the Department for the purpose of issuing such licenses.
    (7) Health certificate. A health certificate in a form approved or provided by the Department
    that is prepared and signed by an examining veterinarian shall be submitted to the Department
    with each application for a new or renewal license, and a copy shall be maintained at the horse’s
    stable. The certificate shall include the horse’s license identification number, microchip number,
    the veterinarian’s assessment of the age and condition of the horse, and the maximum number of
    hours each day that, in the opinion of the veterinarian, the horse may be permitted to work.
    (b) [Identification] Microchipping, identification tag and [certificate of] license certificate.
    (1) Microchipping required. Commencing January 1, 2011, each owner shall arrange for a
    licensed veterinarian to implant a microchip between the shoulder blades of every horse
    employed in a rental horse business. The microchip number shall be registered with the
    manufacturer. The system selected for microchipping shall utilize any commercially available
    scanning methodology that enables the information on the chip to be readily deciphered. After
    microchipping, the unique number assigned to the microchip shall be included on all license
    applications, health certificates, inspection and other reports related to the horse.
    [(1)] (2) Identification number. Each horse licensed pursuant to [the provisions of these
    regulations] this Chapter shall be assigned an official identification number by the Department.
    [Such] Until January 1, 2011, such identification number must be heat branded on a hoof and
    shall be re-branded whenever that number is no longer clearly visible. Each number shall be at
    least 3/4 inch high. Horses licensed for use in a rental horse business after January 1, 2011 shall
    be microchipped and shall not be branded or re-branded.
    (3) License tag. [Such] The identification number shall also be inscribed on a metal tag which
    shall be securely attached to the right cheek strap of each rental horse at all times when the horse
    is at work. Such tag shall be issued to the owner [with the Certificate of License] holding the
    license certificate. Duplicate tags and [Certificate of Horse License] license certificates shall be
    9
    issued only upon surrender of the original or submission of proof of loss[,] satisfactory to the
    Department, and payment of a fee of $2.00.
    [(2) The Certificate of License](4) License certificates. The license certificate shall at all times
    remain at the stable where the horse is kept and shall be available for inspection by any [police
    officer, or agent of the Department, and the ASPCA, or to veterinarians employed or retained by
    the Department or ASPCA, or employees of the Department of Consumer Affairs or any persons
    designated by the Commissioner to enforce these regulations] veterinarian, employee, agent or
    officer of the Department, the NYPD, the DCA and the ASPCA.
    (c) Disposition upon death,[ or] transfer of ownership, or retirement of licensed horses.
    (1) If a currently licensed horse dies while at work or [under suspicious circumstances,] in a
    stable, [the Bureau of Animal Affairs of the Department must be notified within] the owner or
    other person managing or having custody of the horse shall notify the Department by telephone
    immediately, and in writing no later than 12 hours [of] after death. Such reports shall include all
    the information required by the Department. Remains shall not be removed from the City of New
    York nor disposed of for a minimum of 24 hours [of such] after providing telephone notice unless
    prior approval is given by the [Bureau.] Department. The [Bureau] Department may order the
    delivery of the remains to the ASPCA or other approved veterinary organization for the purpose
    of performing [an autopsy] necropsy, or may notify the Department of Sanitation that the remains
    may be disposed of in accordance with applicable law.
    (2) The [Bureau shall be notified] owner of the horse shall notify the Department of the transfer
    of ownership or other disposition of a licensed horse in writing within [10] five business days
    [thereafter] of disposition. Such notice shall include date of disposition and if sold [in New York
    City], the name and address of buyer or other transferee. In the case of death, the notice shall
    include the date of death. A [licensed] horse [covered by these regulations] licensed pursuant to
    this Chapter [,] shall not be sold or disposed of except in a humane manner.
    (d) Inspection and record keeping.
    (1) 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 Department of Health, and any persons
    designated by the Commissioner to enforce the provisions of this title, agents of the ASPCA,
    police officers, and employees of the Department of Consumer Affairs.] constructed, equipped,
    operated and maintained in accordance with Article 161 of the Health Code and shall be subject
    to inspection at all times by any veterinarian, employee, agent or officer of the Department, the
    NYPD, the DCA and the ASPCA.
    (2) An owner of a [Rental Horse Business] rental horse business shall, at a minimum, keep [such
    10
    records] a daily log, in [the form shown in Appendix A, including but] a form provided or
    approved by the Department that includes, but is not limited to, a consecutive daily record of the
    movement of each licensed horse including driver's name and identification number, if
    applicable, rider's name, horse's identification number, microchip number, vehicle license plate
    number, if applicable, time of leaving stable and time of return to stable. Records of ambient air
    temperatures taken by horse drawn carriage drivers at the stands where horse drawn carriages
    wait for passengers, required pursuant to §4-05 (b)(2), shall be kept in the carriage by the carriage
    driver during the work shift and then inserted into the log book upon return to the stable on
    completion of each shift. Such records shall be kept on the premises of the stable where the
    horses are kept and shall be made available for inspection by any veterinarian, employee, agent or
    officer of the Department, the NYPD, the DCA and the ASPCA. A stable where rental horses are
    kept or maintained shall have a time clock or similar tamper-proof device to record by date and
    time the movement of a horse covered by these regulations to and from work.
    (e) Written emergency protocol. Every person operating a horse rental business shall establish and
    maintain a written emergency plan that indicates how emergencies will be managed at horse
    stables operated by such business, and in other areas where horses are at work, in accordance with
    §161.21 of the Health Code, or successor provision. The protocol shall be kept at the stable, and
    updated as necessary. Owners shall notify and train all stable and other employees of such
    businesses in the procedures outlined in the protocols for emergency management. Copies shall
    be made available to stable employees, and to veterinarians, employees, agents and officers of the
    Department, the NYPD, the DCA and the ASPCA upon request.
    (f) Emergency contact information. Owners of horse rental businesses shall provide all employees
    of such businesses with primary and alternative emergency cellular and other telephone contact
    information. Owners of horses housed in stables subject to this Chapter shall provide the owners
    and employees of such stables with emergency cell or other telephone contact information.
    §3. It is hereby proposed that §4-03 of Title 24 of the Rules of the City of New
    York be amended to read as follows:
    § 4-03. Housing.
    (a) Stable permits and premises. No person shall operate a stable where horses used in a rental
    horse business are boarded or housed without a permit issued by the Commissioner. All stables
    shall be maintained in accordance with §161.21 of the New York City Health Code, or successor
    provision.
    [(1) Walls and ceilings. Walls and ceilings shall be covered with a smooth, nonabsorbent light11
    colored finish and shall be maintained clean at all times.
    (2) Floors. Floors shall be level, free of holes and openings and graded for proper drainage to
    trapped sewer connections.
    (3) Doors. Doors to the exterior shall be properly rodent-proofed.
    (4) Toilets. A sufficient number of toilets and sinks with running water, soap and individual
    clean towels or mechanical drying devices shall be provided for the use of the employees.
    (5) Storage areas. Storage areas shall be of adequate size, and shall be insect and rodent-proofed
    so as to provide no harborage and remain vermin free.]
    [(6)](b) Fire hazards. Premises shall be kept free of fire hazards. Effective July 1, 2011, all
    stables used by a rental horse business shall be equipped with an operational sprinkler system
    installed in accordance with §BC903.3.1.1 of the New York City Building Code, or successor
    provision.
    [(b)](c) Internal temperature and ventilation. An internal temperature of at least 35 degrees
    Fahrenheit shall be maintained in stables during the winter months. Adequate ventilation shall be
    maintained, but rental horses shall not be unnecessarily exposed to drafts in stables during cold
    weather.
    [(c) General sanitation. All interior areas of a stable, and all exterior areas surrounding a stable
    shall be kept clean, properly drained and free of nuisances including, but not limited to, odors and
    accumulation of refuse or excrement. Each stable where rental horses are kept shall have
    implements and materials such as brooms, hoses, hose connections, covered metal receptacles,
    brushes, disinfectants and detergents as may be required to maintain sanitary conditions.
    (d) Rodent and insect control. A pest control program acceptable to the Department shall be
    maintained.
    (e) Lighting. All parts of premises shall be adequately lighted by natural or artificial means so as
    to permit the activity for which the premises are used to be carried on safely and to permit
    effective inspection and the cleaning of the premises.]
    [(f)](d) Stalls.
    (1) Until July 1, 2011, [Stalls] stalls in stables used in a rental horse business shall be a
    minimum of four feet wide, ten feet long, with a ceiling clearance of at least nine feet. [Bedding
    shall be changed at least once daily, and shall be at least three inches deep.]
    (2) On and after July 1, 2011, stables used in a rental horse business shall be equipped with
    individual horse stalls that are sixty-four square feet or larger in area, with a minimum size of
    eight feet wide by eight feet long, or seven feet wide by ten feet long, in a configuration that
    enables an untethered horse to turn around and lay down in the stall. Ceiling clearance shall be at
    12
    least nine feet. A halter shall be placed on the horse or hung outside each stall at all times.
    (e) Furloughs. A furlough, during which a currently licensed horse may not be worked in a rental
    horse business, shall be provided for each such horse for at least five weeks in every twelve
    months. Each furlough shall be for a minimum period of at least one week. If a stable maintains at
    least 1,000 square feet of pasturage per horse, the furlough can be at the stable premises. Records
    showing dates of and places where horses are furloughed shall be maintained by the stable owner
    or owner of the rental horse business and provided to veterinarians, employees, agents and
    officers of the Department, the NYPD, the DCA and the ASPCA on request.
    (f) Exercise. Every horse owned by a rental horse business operator, whether or not currently
    licensed pursuant to this Chapter, shall be exercised outside its stall for at least one hour per day,
    for five days per week unless a veterinarian has advised against such exercise. Exercising may
    include time spent riding or driving a carriage on a work shift, or hand walking outside or at
    stable premises, if a stable maintains at least 1,000 square feet of pasturage per horse.
    (g) Other laws. Rental [Horse Business] horse business stables shall comply with all applicable
    provisions of the New York City Administrative Code including but not limited to the Building,
    Fire and Electrical Codes and [shall also comply with the applicable provisions] Articles 131, 151
    and 161 of the New York City Health Code.
    §4. It is hereby proposed that §4-04 of Title 24 of the Rules of the City of New
    York be amended to read as follows:
    § 4-04. Horse Care.
    (a) Abuse. No person shall abuse or knowingly permit others to abuse a horse.
    (b) [Food] Feed and water. [Rental horses while at work shall be allowed to drink.] While at
    work, horses shall be provided with adequate supplies of potable water and shall be allowed to
    drink. However, a rental horse shall not be allowed to drink in large quantities unless it is first
    rested. Troughs shall be cleaned daily. Sufficient nutritional [foods] feed and water shall be
    provided [free of dust, mold, vermin and other contaminants] in accordance with §161.21 of the
    Health Code, or successor provision. Rental horses shall be fed at least twice daily with the larger
    feeding [being] provided after the horse has completed work.
    (c) [Medical ] Veterinary care.
    (1) Examinations. Every horse [required to be] licensed [hereunder] pursuant to this Chapter
    shall be examined by a veterinarian prior to its initial use in a rental horse business, and
    [thereafter at intervals of not less than once a year] prior to the owner’s submission of a each
    application for renewal of the horse’s license. The horse shall be examined [and treated for
    13
    internal parasites;] and evaluated for its general physical condition, [which is to include]
    including, but not limited to, inspection of teeth, hoofs, and shoes; and for its physical ability to
    perform [the] required work [or duties as required of it]. The record of the examination shall
    [also] include a [record] notation 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 health certificate provided by the Department and signed by the examining veterinarian
    shall be maintained at the stable premises at which such horse is located, and shall contain the
    identification number, age and condition of the horse, as well as the maximum number of hours a
    day that, in the opinion of the veterinarian said horse should work. A copy of said certificate
    shall be mailed to the Bureau of Animal Affairs.] the treatment prescribed or other
    recommendation of the veterinarian. Horses shall thereafter be examined as necessary for
    evaluation and treatment of any acute or chronic physical condition or problem. All records of
    examinations and treatment of horses used in a rental horse business shall be kept on stable
    premises and shall be made available for inspection upon request by veterinarians, employees,
    agents and officers of the Department, the DCA and the ASPCA. The original record of each prelicensing
    or pre-renewal examination shall be forwarded to the Department in accordance with
    §4-02 (a)(7) of this Chapter.
    (2) Vaccinations. Each horse shall be currently vaccinated against rabies, Eastern/Western equine
    encephalitis, West Nile virus, Rhinopneumonitis virus, and tetanus, and shall have an annual
    equine infectious anemia blood screening test (Coggins Test).
    (3) Deworming. Horses shall be examined and treated for internal parasites in accordance with
    accepted veterinary standards and deworming products shall be rotated as necessary to avoid
    development of parasitic drug resistance.
    (d) Equipment. Saddles, blankets, harnesses, bridles and bits and any other equipment shall be
    properly fitted and kept in good repair, in accordance with §161.21 of the Health Code, or
    successor provision. Blankets, bridles and bits shall not be used by [another] more than one horse
    unless [it is] first disinfected and [disinsected.] treated to remove insects and parasites.
    (e) Grooming. Horses shall be kept clean and [in an ectoparasites control program. Horses shall
    be trimmed or shod at least every three to six weeks or sooner, if necessary.]maintained in
    accordance with §161.21 of the Health Code, or successor provision.
    §5. It is hereby proposed that §4-05 of Title 24 of the Rules of the City of New
    York be amended to read as follows:
    § 4-05. Working Conditions.
    14
    (a) Control. It shall be the responsibility of owners, drivers, and riders to protect the horse and,
    when under their control, to ensure that the horse is not left to roam freely and possibly cause
    harm to the public or itself. Owners, drivers and riders shall not leave horses unattended, and
    shall hold the reins of the horse at all times when horses are not in a stable.
    (b) Environment.
    (1) Owners shall not allow a horse to be worked on a public highway, path, park or street during
    adverse weather or other conditions which are a threat to the health or safety of the horse and the
    public. Adverse weather conditions shall include but not be restricted to snow, ice, heavy rain or
    other slippery conditions. A horse being worked when such conditions develop shall be returned
    to the stable by the most direct route [as soon as practicable] immediately.
    (2) Owners of horses licensed to work in a horse drawn carriage business pursuant to this
    Chapter shall provide accurate thermometers to the drivers of horse drawn carriages and require
    drivers to take measurements of ambient air temperatures at the street stands where the drivers’
    carriages await passengers. Such measurements shall be made upon the arrival of the horse
    drawn carriage at the stand, and each time the carriage returns to the stand, and entered in a log
    on the carriage during the work shift and transferred after the work shift to a log required to be
    maintained at the stable pursuant to §4-02 (d) of this Chapter.
    [(2)] (3) Whenever the air temperature is 90 degrees Fahrenheit or above [and/or the wet bulb
    temperature is 85 degrees Fahrenheit or above] all rental horses [must immediately cease
    working, be offered shade when available, be rested and cooled off, and then walked] shall be
    returned to their stable. All horses [so ordered to return] returned to their stable [must] as a result
    of such conditions shall be unbridled and shall remain at the stable for at least one hour and until
    [both the wet bulb temperature is less than 85 degrees Fahrenheit and] the air temperature is less
    than 90 degrees Fahrenheit.
    [(3)] (4) During the winter months, horses stationed outdoors while awaiting riders or passengers
    shall be covered with blankets.
    (c) Work and rest periods.
    (1) Carriage horses shall not be at work for more than ten hours in any continuous twenty-four
    hour period[.]including travel to and from their stables, and on a night shift shall work no later
    than 3 a.m. Riding horses shall not be at work for more than eight hours in any continuous
    twenty-four hour period.
    (2) There shall be a rest period of the following duration:
    (i) Riding horses--fifteen minutes for every riding hour.
    (ii) Carriage horses--fifteen minutes for every two pulling hours.
    15
    (d) Permissible riding paces. 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.
    (e) [Physical] Age and physical condition.
    (1) Age. A horse shall not be initially licensed as a carriage horse unless it is older than four
    years and less than 20 years of age.
    (2) Condition. A horse required to be licensed pursuant to [these regulations] this Chapter which
    is [lamed] 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 designee or by an agent of the
    ASPCA or a veterinarian employed or retained by such Commissioner or ASPCA to inspect
    licensed horses] a veterinarian, employee, officer or agent of the Department, the NYPD or the
    ASPCA. A horse [for which such an order has been issued] ordered removed from work shall not
    be returned to work by its owner until a veterinarian has cleared the horse to return to work, by
    indicating on a certificate of examination that it has recovered from the condition which caused
    the issuance of
     
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    Right On Reds Out Of The Brooder

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    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. A copy of such
    certificate shall be sent to the individual at the Department, the NYPD or the ASPCA who
    ordered the horse removed from work, and the original certificate shall be maintained with the
    horse’s health care records at the stable. In any proceeding[,] or adjudication of a notice of
    violation issued pursuant to [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] the certificate of [a]
    the examining veterinarian indicating suitability to return to work prior to the expiration of the
    forty-eight hour period.
    §6. It is hereby proposed that §4-06 of Title 24 of the Rules of the City of New
    York be amended to read as follows:
    § 4-06. Owners, Riders and Operators.
    (a) Use of alcohol or drugs or other distractions. No person shall ride a horse or [shall] operate a
    horse drawn carriage while under the influence of alcohol or drugs or knowingly permit others to
    do so. Neither passengers nor drivers shall smoke while occupying or operating a carriage or
    riding a rental horse. Drivers of horse drawn carriages shall not use cell phones, electronic music
    players connected to earphones or ear buds, e-mail or text messaging devices, still or video or
    motion picture cameras or any other electronic or mechanical device that might interfere with the
    16
    operator’s ability to give undivided attention to, and safely operate the carriage and control the
    carriage horse.
    (b) Age. Owners and drivers of horse drawn carriages shall be of such age and experience as
    specified in [the Department of Consumer Affairs Rules and Regulations] regulations of the DCA
    or successor agency.
    (c) Provision for mounts for those who hire. Owners of riding horses shall be responsible for
    providing a suitable and properly fitting mount for persons who hire a horse for riding purposes,
    matched to the rider’s age, current skill level and experience.
    (d) Provision for escorts. No person shall be permitted to take a riding horse off the stable
    grounds without the escort of a properly experienced rider unless such person has demonstrated
    sufficient skill in handling of the horse in the presence of stable personnel.
    (e) Joint liability of owner and renter.
    (1) An owner shall be jointly liable with the person to whom a horse is rented for any violation
    of [these regulations] this Chapter committed by such person if the owner had knowledge or
    notice of such act and did not attempt to prevent it from occurring.
    (2) Owners, operators, or riders of horses shall be in violation of [these regulations] this Chapter
    and of Subchapter 3 of Chapter 3 of Title 17 of the New York City Administrative Code if a
    horse is abused during their ownership, care or custody. Joint responsibility for a horse shall exist
    under circumstances as described in § 4-06(e) (1).
    (f) Civil violations and penalties. Any violation of Subchapter 3 of Chapter 3 of Title 17 of the
    New York City Administrative Code or of [these regulations] this Chapter shall be [may be
    prosecuted as civil violations] subject to a civil penalty of [a sum] not less than twenty-five nor
    more than five hundred dollars or by the suspension from work of the horse with respect to which
    the act which caused the violation was committed or by both such civil penalty and suspension.
    [Civil violations, under these regulations] Notices of violation seeking monetary penalties for
    violations of this Chapter or Title 17 of the Administrative Code shall be adjudicated before the
    Administrative Tribunal of the Department in accordance with Article 7 of the Health Code.
    (g) Appeals. An appeal [from such prosecution] of a notice of decision finding an owner in
    violation of the provisions of this Chapter or Title 17 of the Administrative Code may be had as
    provided for in Article 7 of the [New York City] Health Code.
    (h) Objections to suspension from work or revocation of license. An owner who objects to an
    order of the Commissioner suspending a horse from work or revoking a license issued pursuant to
    this Chapter may request that the Department schedule a hearing at the Office of Administrative
    Trials and Hearings of the City of New York (OATH) where the owner may show cause why
    17
    such order should not be enforced. Such hearing shall be scheduled for a date no later than 15
    days after the date of the order. An order suspending a horse from work because the Department
    reasonably believes that a horse’s health would be endangered by its continuing to work, shall not
    be stayed pending the outcome of such hearing.
    (i) Suspension or revocation of licenses. Licenses issued to individual owners of horses for use in
    a horse drawn carriage or other rental horse business shall be subject to grounds and procedures
    for suspension or revocation, in accordance with Article 5 of the Health Code and the rules of the
    Department in Chapter 7 of these Rules.
    §7. It is hereby proposed that §4-07 of Title 24 of the Rules of the City of New
    York be amended to read as follows:
    § 4-07. Training [Program]Course for Drivers of Horse Drawn Cabs; Fees.
    (a) Fee. Each person registering for the training [program] course offered to drivers of horse
    drawn cabs shall pay a non-refundable fee of twenty-five dollars ($25.00). [Except where the
    person has received course materials or has attended any part of the course, said fee shall be
    refundable upon request made prior to the conclusion of the course.]
    (b) Driver’s license. Each person registering for the course shall provide the Department with a
    copy of his or her currently valid New York State driver’s license and such other identification as
    the Department may require as part of his or her registration.
    (c) When a registrant demonstrates by his or her conduct that he or she is not willing or able to
    comply with all applicable laws, the Department may terminate such person’s registration and
    discontinue his or her participation in the course.
    (c) Training course materials. The Department will regard printed materials, manuals, tests and
    answers used in the training course as confidential and shall withhold such items from public
    disclosure to the full extent of the law.
    §8. It is hereby proposed that Appendix A of Chapter 4 of Title 24 of the Rules of
    the City of New York be repealed.
    Chapter 4 intention 2009.doc
    12/23/09
     
  5. City Gardener

    City Gardener Out Of The Brooder

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    Mar 22, 2009
    Wow, that's a lot to read.
    From what I get (okay, skimmed until I found the chicken part), you'll need a permit to keep chickens, unless they are more than 25 feet from the house. And if it's a multiple dwelling or 2 family house, you'll need permission from the other inhabitants.

    It does seem like a nuisance, but on the other hand, there are lots of people in the city getting chickens who maybe should have thought about it a little more. I don't know any personally (all the chicken-keepers in brooklyn I know are completely into their chickens), but apparently there has been an increase in chickens needing to be rescued by animal rescue groups. My friend Martha posted about in on her blog, here: http://www.thenewgreenblog.com/2009/10/29/when-the-problems-come-home-to-roost/

    I
    do know that the Brooklyn stable where my daughter rides is freaking about these proposals, because it affects the way they keep their horses. The proposal wants all ponies and horses to have huge stalls, which sounds great for the ponies, but will put the stable out of business.
     
  6. Right On Reds

    Right On Reds Out Of The Brooder

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    39
    Sep 13, 2009
    My read is that this regulation is applicable when you keep chickens for sale.

    Now lots of folks advertise a hen or two for sale or swap online, all the time. According to this new code, if it can be proven that you have sold a chicken, then "legally" you need a permit.

    Now I'm sure the permit requirement is meant for folks who sell multiple chickens for meat and not the backyard enthusiast, but that's not how the code reads. The code just says "selling of chickens" and technically, selling a chicken or two to a fellow enthusiast would qualify as that. Folks need to be careful in that regard.

    Yes I'm quite aware of WB's problems with the KS in Brooklyn, and I think his greatest issue is the mandate of sprinkler systems to thwart fire. This requirement was fought off before in the 90's, but my gut feeling is that in todays day and age, odds are it won't be fought successfully.
     
  7. Right On Reds

    Right On Reds Out Of The Brooder

    79
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    39
    Sep 13, 2009
    Understand that for the backyard enthusiast (gosh this is like deja vu when I fought this provision for private barns) the obtaining of a permit means that the Dept. of Health can come onto your private property at any time for inspection.

    Now according to our constitution, this can only be done via search warrant and obtaining a permit would in effect, remove this basic constitutional right.

    So no how no way would a private chicken enthusiast want to have to obtain a permit. And remember also that permits can be denied.

    People should consider this very carefully.

    As for me, I do not sell/slaughter any chickens, so none of this applies whether it be footage from property line or building or whatever.


    Just for a little clarification: I was heavily involved in the rewriting of the Dept. of Health code regarding the stabling of horses in the 90's. I wrote portions of the code and it was because of my imput and the help of others that the permit requirement for people with private stables were not included in the permit requirements. It was a hard fight, especially because of one woman who had a commercial place that tried to bullchit the other private folks into wanting a permit. This she did so that they would be closed down (as they could not meet the requirements such as a sewer or septic in their backyard barn) and they fell for it. I then had to campaign and contact every single one of them to tell them first why they shouldn't want a permit and to tell them what this woman commercial stable owner was trying to accomplish and that was to screw them. Thankfully, I was successful.

    Ironically enough, now this woman too would have to upgrade her commercial stable (made of truck containers btw) to have a sprinkler system and store her manure indoors. Funny how things bite you in the ass when you're a byotch.
     
    Last edited: Jan 30, 2010

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