Int. No. 967
By Council Member Holden, Bottcher, Cabán, Joseph, Powers, Marte, Ariola, Hanif, Restler, Won, Krishnan and Brewer
A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the operation of horse drawn cabs, and to repeal sections 17-334.1, 19-174, 20-377, 20-377.1, 20-380, 20-381, 20-381.1, 20-381.2, 20-382 and subdivisions b, c, and d of section 20-383 of the administrative code of the city of New York, relating to carriage horses and horse drawn cabs
Be it enacted by the Council as follows: Section 1. Section 17-326 of the administrative code of the city of New York, as amended by local law number 203 for the year 2019, is amended to read as follows:
§ 17-326 Definitions. Whenever used in this subchapter, the following terms have the following meanings:
ASPCA. The term "ASPCA" means the American Society for the Prevention of Cruelty to Animals.
[Carriage horse. The term "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 subchapter. A horse used for any other purpose shall not be deemed to be a carriage horse for the purposes of this subchapter.
Equine heat index. The term "equine heat index" means the sum of the air temperature, in degrees Fahrenheit, and the relative humidity at a particular point in time.]
Owner. The term "owner" means the owner of a horse [which] that is required to be licensed pursuant to this subchapter and the owner of a rental horse business in which such horse is used.
[Person. The term "person" means an individual, partnership, corporation, association or other legal entity.
Relative humidity. The term "relative humidity" means the value, expressed as a percentage, determined by a device designed to measure relative humidity.]
Rental horse. The term "rental horse" means a horse [which] that is used in a rental horse business.
Rental horse business. The term "rental horse business" means a business enterprise [which] that provides or offers the use of a horse to the public for a fee for the purpose of riding [or drawing a horse drawn vehicle or which operates a horse drawn vehicle for hire such as a horse drawn cab].
Riding horse. The term "riding horse" means a horse [which] that is available to the public for a fee for the purpose of riding.
Stable. The term "stable" means any place, establishment, or facility where one or more rental horses are housed or maintained.
Under tack. The term "under tack" means that a horse is equipped for riding [or driving].
Veterinarian. The term "veterinarian" means a person licensed to practice veterinary medicine in the state of New York.
Work. A horse is considered to be at "work" when it is out of its stable and presented to the public as being available for riding[, 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].
§ 2. Subdivisions b and e of section 17-327 of the administrative code of the city of New York, and subdivision d of such section, as amended by local law number 80 for the year 2020, are amended to read as follows:
b. A license shall be issued for a term of [one] 1 year from the date of issuance thereof and shall be renewed prior to the expiration of such term; provided, however, that no new application for a license for a horse used in the operation of a horse drawn cab shall be accepted after May 31, 2026, and that a valid unexpired license may be renewed for a limited term and shall expire no later than June 1, 2026.
d. Application for a license or the renewal of a license shall be made to the department [of health and mental hygiene]. Such application shall contain the name and address of the owner of the horse and of the owner of the rental horse business in which such horse is to be used if such person is not the owner of the horse, the age, sex, color, markings, and any other identifying marks such as brands or tattoos of the horse, the location of the stable where the horse is to be kept, and any other information [which] that the commissioner [of health and mental hygiene] may require. An application with respect to a horse which is used in the operation of a “horse drawn cab” [as defined in subchapter twenty-one of chapter two of title twenty of this code] shall include the identification number required to be inscribed on such [horses] horse’s hoof pursuant to [the rules and regulations of the department of consumer and worker protection] subdivision a of section 17-328 and the rules of the commissioner. The application shall be accompanied by the license or renewal fee.
e. No license shall be transferable. 1. Upon the transfer of ownership of any horse to a new owner, the new owner shall obtain a license for such horse within [fifteen] 15 days after the date of the transfer of ownership; provided, however, that a license for a horse used in the operation of a horse drawn cab shall be surrendered to the commissioner by the former owner. Notwithstanding subdivision b of this section, a new owner shall be eligible for a license for a horse used in the operation of a horse drawn cab and for the renewal of such license, provided that such license shall expire on June 1, 2026.
2. The holder of a license for a horse used in the operation of a horse drawn cab who retains such license and is eligible for renewal pursuant to subdivision b shall be permitted to substitute or replace a licensed horse that is lame, suffers from a physical condition or other illness making it unsuitable for work, or that retires, with another licensed horse, and maintain the number of licenses for a horse or horses used in the operation of a horse drawn cab that such licensee holds, provided that such licensee has complied with the requirements of section 17-329.
§ 3. Section 17-329 of the administrative code of the city of New York is amended to read as follows:
§ 17-329 Disposition of licensed horse. a. The owner of a licensed horse shall notify the department [shall be notified] of the [transfer of ownership or other] proposed disposition of a licensed horse [within ten] at least 5 days [thereafter] prior to the proposed disposition. Such notice shall include the date of the proposed disposition and [if sold in New York city,] the name [and], address, and telephone number of the prospective buyer or other transferee, the certification required pursuant to subdivision b of this section, and such other information as the commissioner may prescribe.
b. A licensed horse shall not be [sold or] disposed of except in a humane manner, which, for the purposes of this subchapter, shall mean a licensed horse may not be sold or otherwise transferred to a person for purposes of slaughter, resale for slaughter, or holding or transport for slaughter, or for use in a horse drawn cab business. The owner of a licensed horse shall provide a statement in a form prescribed by the commissioner certifying that such horse will be sold or otherwise transferred not for purposes of slaughter, resale for slaughter, or holding or transport for slaughter, or for use in a horse drawn cab business, or any other inhumane purpose.
c. The department shall conduct outreach to owners of licensed horses to inform them of their obligation to dispose of such horses in a humane manner as required by this section. Such outreach shall include information on individuals and organizations that are capable of receiving or acquiring such horses in a humane manner for humane purposes.
§ 4. Section 17-330 of the administrative code of the city of New York, as added by local law number 2 for the year 1994, subdivisions b, c, g, l, n, p, q, and r of such section as amended by local law number 10 for the year 2010, subdivision j of such section as amended by local law number 80 for the year 2020, and subdivision o of such section as amended by local law number 203 for the year 2019, is amended to read as follows:
§ 17-330 Regulations. a. The commissioner, with the advice of the advisory board as hereinafter established, shall promulgate such regulations as are necessary to carry out the provisions of this subchapter and to promote the health, safety, and [well being] well-being of the horses [which] that are required to be licensed hereunder and of members of the public who hire such horses.
b. [1.] Horses shall not be left untethered or unattended except when confined in a stable or other enclosure. When tethered, all horses shall be secured by the use of a rope attached to the halter, not to the bit or bridle.
[2. Horse bridles and halters shall be used on carriage horses at all times when operating a carriage.]
c. [Standing stalls for carriage horses shall be sixty square feet or larger, with a minimum width of seven feet, and shall be configured to permit a carriage horse to turn around and safely lay down within the stall.] Horses shall be un-tied when stabled. A halter shall be on the horse or hung outside each stall at all times.
d. Horses shall be adequately quartered. Stables and stalls shall be clean and dry and sufficient bedding of straw, shavings, or other suitable materials shall be furnished and changed as often as necessary to maintain them in a clean and dry condition. Adequate heating and ventilation shall be maintained in stables as prescribed by the commissioner.
e. Owners shall insure that appropriate and sufficient food and drinking water are available for each horse and that while working each horse is permitted to eat and drink at reasonable intervals.
f. Owners shall not allow a horse to be worked on a public highway, path, or street during adverse weather or other dangerous conditions [which] that are a threat to the health or safety of the horse. A horse being worked when such conditions develop shall be immediately returned to the stable by the most direct route.
g. [1. Carriage horses shall not be at work for more than nine hours in any continuous twenty-four hour period.] Riding horses shall not be at work for more than [eight] 8 hours in any continuous [twenty-four hour] 24-hour period. Rest periods for [carriage horses and] riding horses shall be of such duration and at such intervals as the commissioner shall prescribe[, but rest periods for carriage horses shall in no event be for less than fifteen minutes after each two hour working period, and the time of such rest period shall be included in calculating the number of hours the horse has worked in any twenty-four hour period. During such rest periods, the person in charge of such carriage horses shall make fresh water available to the horse.
2. Carriage horses shall receive no less than five weeks of vacation or furlough every twelve months at a horse stable facility which allows daily access to paddock or pasture turnout. Proof of such vacation or furlough shall be provided upon request to the department and/or the ASPCA.]
h. [Carriage horses shall not be driven at a pace faster than a trot.] Riding horses may be ridden at a canter but shall not be galloped.
i. Horses shall be suitably trimmed or shod, and saddles, bridles, bits, road harnesses, and any other equipment used on or with a horse at work shall be maintained and properly fitted as prescribed by regulation of the commissioner.
j. 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, and any persons designated by the commissioner to enforce the provisions of this subchapter, agents of the ASPCA, police officers, and employees of the department of consumer and worker protection.
k. An owner shall be jointly liable with the person to whom a horse is rented for any violation of this subchapter or of any regulations promulgated hereunder committed by such person if the owner had knowledge or notice of the act which gave rise to the violation at the time of or prior to its occurrence or under the circumstances should have had knowledge or notice of such act and did not attempt to prevent it from occurring.
l. An owner of a rental horse business shall keep such records as the commissioner [of health] shall prescribe including but not limited to a consecutive daily record of the movements of each licensed horse including the driver's name and identification number, if applicable, rider's name, the horse's identification number, vehicle license plate number, if applicable, time of leaving stable and time of return to stable. An owner of a rental horse business shall also keep written protocols for emergencies, including but not limited to primary and secondary emergency contact information for each horse owner and insurance company information, if applicable. Such records shall be kept on the premises of the stable where the horses are kept and shall be available for inspection. The commissioner may[, in his or her discretion,] require a time clock, date stamp, or time stamp where [such commissioner believes it is] appropriate.
m. A horse required to be licensed pursuant to this subchapter which is 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 or her] their designee or by an agent of the ASPCA or a veterinarian employed or retained by [such] the commissioner or ASPCA to inspect licensed horses. A horse for which such an order has been issued shall not be returned to work until it has recovered from the condition which caused the issuance of 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. In any proceeding, under this section it shall be presumed that a horse which is found at work within [forty-eight] 48 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 certificate of a veterinarian indicating suitability to return to work prior to the expiration of the [forty-eight hour] 48-hour period.
n. Every horse required to be licensed hereunder shall be examined by a veterinarian prior to its use in a rental horse business, at time of each license renewal, and thereafter at intervals of not less than [four] 4 months and not greater than [eight] 8 months. The examination shall include the general physical condition of the horse, its teeth, hoofs and shoes, its stamina and physical ability to perform the work or duties required of it, and whether it is current on vaccinations, including those for rabies, Eastern/Western equine encephalitis, West Nile virus, Rhinopneumonitis virus, and tetanus, or any other vaccinations the [Commissioner] commissioner may require by rule. The examination shall also include a record 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 signed health certificate by the examining veterinarian shall be maintained at the stable premises at which such horse is located and shall be displayed on the outside of [the] such horse's individual stall. An original of said certificate shall be mailed by the examining veterinarian to the department.
[o. 1. Carriage horses shall not be worked whenever the air temperature is 18 degrees fahrenheit or below.
2. Carriage horses shall not be worked whenever (i) the air temperature is 90 degrees Fahrenheit or above, or (ii) the air temperature is 80 degrees Fahrenheit or above and the equine heat index is 150 or above.
3. For purposes of this subdivision, air temperatures shall be those measured by a state-of-the-art thermometer, as determined by the commissioner. Relative humidity shall be determined by a state-of-the-art hygrometer or any other device having the same capability to measure relative humidity, as determined by the commissioner. Air temperatures and relative humidity shall be measured by the commissioner or the commissioner's designee at street level at one of the stands designated pursuant to section 19-174.
4. If either of the limits set by paragraph 2 of this subdivision are exceeded during the course of a particular ride, at the ride's conclusion, but no later than one-half hour after either of these limits are exceeded, the operator must immediately cease working, move the horse to an area of shelter, where available, rest the horse and then walk it directly to its stable. All horses so returned to their stable must be unbridled and unharnessed and remain at the stable for at least one hour, and thereafter, until such time as the weather conditions shall once again reach acceptable limits.
5. No violation of this subdivision shall occur unless a written warning of violation is first issued by the authorized enforcement personnel to the operator advising that either of the limits set in paragraph 2 of this subdivision have been exceeded and directing that the operator cease working a carriage horse in accordance with the provisions of this subdivision. A violation of this subdivision may be issued if an operator fails to comply with the direction contained in the written warning of violation. Failure to comply with such direction shall not be construed as a separate violation.
p. Every carriage horse required to be licensed hereunder shall be equipped with a manure catching device. Such devices shall be affixed or attached to the carriage and shall at no time be affixed or attached to the horse.
q. Carriage horses shall not be younger than five years at the time placed into service in any rental horse business and licensed. No carriage horse older than 26 years of age shall be licensed to work in a rental horse business. Acceptable proof of age shall include a signed letter from a licensed veterinarian stating the horse's age, a certificate from an officially recognized national registry of horses stating the horse's age, or another industry approved method of certifying age.
r. Owners shall insure that during the months of November through April every carriage is equipped with a heavy winter horse blanket large enough to cover the horse from crest of neck to top of rump. Such blankets shall be used to cover carriage horses in cold weather. Waterproof horse blankets of a lighter material shall be provided at all times to cover the horse from withers to tail during periods of wet weather when the air temperature is 55 degrees or below.]
§ 5. Paragraph 1 of subdivision a of section 17-331 of the administrative code of the city of New York is amended to read as follows:
1. Two members shall be appointed from among the owners of rental horse businesses operating within the city[, one of whom] who shall be representative of the interests of owners of riding horses [and one of whom shall be representative of the interests of owners of carriage horses].
§ 6. Section 17-334 of the administrative code of the city of New York, subdivision a of such section as amended by local law number 80 for the year 2020, is amended to read as follows:
§ 17-334 Construction. a. [The provisions of this subchapter shall not be construed to supersede or affect any of the provisions of subchapter twenty-one of chapter two of title twenty of the code relating to a "horse drawn cab" as defined therein or any of the regulations of the commissioner of consumer and worker protection promulgated thereunder.
b.] The provisions of this subchapter shall not be construed to permit the possession or use of a horse in any area where such possession or use is prohibited by any other law, rule, or regulation.
[c.] b. The provisions of this subchapter shall not be construed to prohibit the ASPCA or the department from enforcing any provision of law, rule, or regulation relating to the humane treatment of animals with respect to any horse regardless of whether such horse is required to be licensed pursuant to the provisions of this subchapter.
§ 7. Section 17-334.1 of the administrative code of the city of New York is REPEALED.
§ 8. Section 19-174 of the administrative code of the city of New York is REPEALED.
§ 9. Section 20-371 of the administrative code of the city of New York, as amended by local law number 31 for the year 1995, is amended to read as follows:
§ 20-371 Licensing of sight-seeing buses[, horse drawn cabs and horse drawn cab drivers]. Legislative findings. The legislative findings heretofore made in relation to the business of sight-seeing buses [and horse drawn cabs] in the city of New York and set forth in local law number [ten] 10 of [nineteen hundred sixty-four] 1964 continue to be valid; such businesses are vested with a public interest and their regulation and control continue to be necessary and essential in order to cope with certain evils and hazards which existed in the absence of governmental supervision. The supervision formerly was reposed in the police commissioner, but recent experience and study indicate that jurisdiction over such businesses should be transferred to the commissioner. [It is further found that the present number of horse drawn cabs licensed in the city of New York is adequate to meet the public need and demand and should be preserved, unless the commissioner finds that additional licenses are necessary and advisable.]
§ 10. Section 20-372 of the administrative code of the city of New York, as amended by local law number 3 for the year 2001, is amended to read as follows:
§ 20-372 Definitions. Whenever used in this subchapter, the following terms [shall mean] have the following meanings:
"Certificate of conformity" shall mean that document issued by the Administrator of the United States environmental protection agency pursuant to section 206(a) of the Clean Air Act of 1990, 42 U.S.C. §7525(a), reflecting such Administrator's determination that an engine conforms to emissions standards and other regulations issued under section 202 of the Clean Air Act of 1990, 42 U.S.C. §7521, as well as the terms and the time periods prescribed thereon, and as such laws and such regulations may be amended from time to time.
"Fleet" shall mean a group of vehicles owned or operated by the same person.
"Inspection card" shall designate the card issued by the commissioner for the sight-seeing bus licensed, which card shall display the license number and capacity of such vehicle.
[1] "Owner" shall include any person, firm, partnership, corporation, or association owning and operating a sight-seeing bus or buses, [or horse drawn cab or cabs] and shall include a purchaser under a reserve title contract, conditional sales agreement or vendor's agreement and the lessee of such vehicle or vehicles under a written lease or similar contract provided such purchaser or lessee of sight-seeing bus or buses shall be entitled to obtain in his or her name a license or licenses therefor from the commissioner of motor vehicles of the state of New York.
[2. "Sight-seeing bus license" shall designate the license issued by the commissioner for each sight-seeing bus.]
[3. "Inspection card" shall designate the card issued by the commissioner for the sight-seeing bus licensed or horse drawn cab licensed, which card shall display the license number and capacity of such vehicle.]
[4] "Sight-seeing bus" shall mean a motor vehicle designed to comfortably seat and carry eight or more passengers operating for hire from a fixed point in the city of New York to a place or places of interest or amusements, and shall also include a vehicle, designed as aforesaid which by oral or written contract is let and hired or otherwise engaged for its exclusive use for a specific or special trip or excursion from a starting point within the city of New York.
[5. "Horse drawn cab" shall mean a horse drawn vehicle operating for hire, so designed and constructed to comfortably seat not more than four adults, or two adults and four children, each of whom is under twelve years of age, or three adults and two children, each of whom is under twelve years of age, in the interior thereof.
6. "Horse drawn cab driver" shall include any person licensed to drive a horse drawn cab in the city of New York.
7. "Horse drawn cab license" shall designate the license issued by the commissioner for each horse drawn cab.
8. "Horse drawn cab driver's license” shall designate the license issued by the commissioner for a driver of a horse drawn cab.]
[9 "Certificate of conformity" shall mean that document issued by the Administrator of the United States environmental protection agency pursuant to section 206(a) of the Clean Air Act of 1990, 42 U.S.C. §7525(a), reflecting such Administrator's determination that an engine conforms to emissions standards and other regulations issued under section 202 of the Clean Air Act of 1990, 42 U.S.C. §7521, as well as the terms and the time periods prescribed thereon, and as such laws and such regulations may be amended from time to time.
10 "Fleet" shall mean a group of vehicles owned or operated by the same person.]
[11] "Sight-seeing bus driver" shall mean any natural person who operates a sight-seeing bus in the city of New York.
"Sight-seeing bus license" shall designate the license issued by the commissioner for each sight-seeing bus.
§ 11. Section 20-373 of the administrative code of the city of New York, subdivision d of such section as added by local law number 2 for the year 1994, is amended to read as follows:
§ 20-373 License required; fee; term. a. It shall be unlawful to operate or permit another to operate for hire a sight-seeing bus [or horse-drawn cab] within the city unless the owner shall have first obtained a license therefor from the commissioner. [An applicant for a horse-drawn cab license shall be at least eighteen years of age.]
b. Fees. The original and renewal license fee for each sight-seeing bus shall be [fifty dollars and for each horse-drawn cab shall be fifty dollars] $50.
[c. The commissioner shall not renew any horse-drawn cab license in the event that he or she shall determine that the horse-drawn cab has not been operated for at least four months during the preceding license year, provided that such failure to operate shall not have been caused by strike, riot, war or other public catastrophe. However, in the event that it is shown to the commissioner by competent proof that the licensee has been disabled through illness or has been unable to operate the horse-drawn cab because of other cause beyond his or her control, the commissioner may renew such license.
d. The commissioner may refuse to renew any horse drawn cab license in the event that he or she determines that the holder of the horse drawn cab license has demonstrated a disregard for the provisions of this subchapter as illustrated by repeated violations of such provisions.]
§ 12. Section 20-374 of the administrative code, subdivisions d and e of such section as added by local law number 175 for the year 2018, is amended to read as follows:
§ 20-374 Granting and transferring of licenses. a. Any person, firm, partnership, corporation, or association[,] owning or operating a sight-seeing bus[,] or buses [, or horse-drawn cab, or cabs] engaging in the business of transporting passengers in, about, over, and upon any of the streets, avenues, bridges, highways, boulevards, or public places within the limits of the city [of New York,] shall be issued a license for each bus [or cab] so operating, provided, however any such person, firm, partnership, corporation, or association owning or operating a sight-seeing bus or buses shall first have obtained a license or licenses, as he or she shall be entitled to receive from the commissioner of motor vehicles of the state of New York as made and provided by law.
b. It shall be unlawful for a license, after being issued by the commissioner, to be transferred to any person, firm, partnership, corporation, or association for any cause whatsoever[, except that licenses for horse-drawn cabs may be transferred with the approval of the commissioner. Upon voluntary sale or transfer of a licensed horse-drawn cab by the holder of a license or his or her legal representative, the licensee shall immediately notify the commissioner of his or her intention to replace such horse-drawn cab, or shall surrender his or her license. If the license is surrendered, the vendee or transferee may make application to the commissioner for the licensing of the horsedrawn cab so purchased. A new license shall then be issued by the commissioner in place of the license so surrendered, provided the applicant has demonstrated to the satisfaction of the commissioner that he or she is qualified to assume the duties and obligations of a horse-drawn cab license].
c. [The commissioner shall issue additional licenses only after conducting a public hearing to determine whether the public convenience, welfare and necessity require the operation of additional horse-drawn cabs. The public hearing shall be called upon his or her own motion or upon written request by any applicant. Notice of such public hearing shall be published in the City Record once a week for two consecutive weeks and shall be mailed to all current licensees. If the commissioner shall determine that additional horse-drawn cabs are necessary and advisable, he or she shall certify the number of new licenses to be granted. Not more than one such public hearing shall be held during any calendar year and the commissioner may refuse to consider any request if it appears that a recent public hearing has adequately considered the question. In making his or her determination, the commissioner shall consider among other things, the income of the driver, the income of the owner, the effect upon traffic, and the public demand. The new licenses which are granted shall be allocated to the then existent licensees in the ratio of the number of licenses held by the licensee to the total number of licenses issued and in effect. If a licensee does not accept his or her allotted number within sixty days, his or her additional licenses shall be allocated in the same manner among the remaining licensees. If the number of additional licenses authorized is insufficient to permit such allocation, then the distribution among those licensees entitled to the smallest number of additional licenses shall be made so that priority shall be given to those who have been uninterruptedly licensed for the longest period. New applicants for such additional licenses shall be considered only when the present licensees refuse to accept their allocation of licenses in the manner provided above. The distribution of such additional licenses to new applicants shall be in the order of their filing, provided however that each new applicant shall not be entitled to more than one such additional license until each new applicant who has filed at the time of distribution and who is otherwise eligible has received one license.]
[d.] An owner of a sight-seeing bus company applying for or renewing a license issued pursuant to subdivision a of this section shall first obtain written authorization from the commissioner of transportation for all designated on-street bus stops for the pickup and discharge of passengers in order to be eligible for the issuance or renewal of such license. Sight-seeing bus owners shall, in the event that a written authorization required by this subdivision is modified or revoked by the commissioner of transportation, notify the commissioner within [five] 5 days of receiving notice of such modification or revocation.
[e.] d. An owner of a sight-seeing bus company that does not have a written authorization from the commissioner of transportation because such sight-seeing bus company does not require on-street bus stops for its operations, shall provide the department with information on whether (i) such sight-seeing bus company engages in the pickup or discharge of passengers at various locations in the city, and if so, then (ii) such owner of a sight-seeing bus company shall provide to the department a list of all such passenger pick up and discharge locations.
§ 13. Subchapter 21 of chapter 2 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-374.1 to read as follows:
§ 20-374.1 Horse drawn cab licenses and license plates. Notwithstanding sections 20-374 and 20-375, the commissioner shall not issue a new license for a horse drawn cab nor accept an application for such license. A valid unexpired license may be renewed for a limited term, and shall expire no later than June 1, 2026.
§ 14. Section 20-375 of the administrative code of the city of New York, as amended by local law number 2 for the year 1994, is amended to read as follows:
§ 20-375 License plate. Upon the payment of the license fee the commissioner shall issue a license to the owner of the sightseeing bus [or horse drawn cab] together with a license plate to be securely affixed to a conspicuous and indispensable part of such sightseeing bus [or securely and conspicuously affixed to the rear axle of such horse drawn cab], on which shall be clearly set forth the license number of such sightseeing bus [or horse drawn cab]. The license plate issued to the licensee may, in the discretion of the commissioner, be a plate of a permanent nature with a replaceable date tag attached thereto, indicating the expiration date of the plate during each license year and the issuance of such a plate with such date tag to a person possessing such a plate, shall be deemed issuance of a license plate. Such license plate and the replaceable date tag to be issued from year to year to be attached thereto, shall be of such material, form, design, and dimension and set forth such distinguishing number or other identification marks as the commissioner shall prescribe. The commissioner upon renewal of the license hereunder, may continue the use of the license plate for as many additional license years as [he or she in his or her discretion] the commissioner may determine, in which event [he or she] the commissioner shall issue and deliver to the licensee a replaceable date tag as evidence of renewal of the license, which shall be attached or affixed in such manner as he or she may prescribe by rule. The failure to affix or display such date tag in a manner prescribed by the commissioner shall constitute a violation of this section. In the event of the loss, mutilation, or destruction of any license plate or date tag issued hereunder, the owner may file such statement and proof of facts as the commissioner shall require, with a fee of [twenty-five dollars] $25, at the department, and the department shall issue a duplicate or substitute license plate or date tag.
§ 15. Sections 20-377 and 20-377.1 of the administrative code of the city of New York are REPEALED.
§ 16. Section 20-378 of the administrative code of the city of New York is amended to read as follows:
§ 20-378 Periodic inspection. The license department shall cause all sight-seeing buses [and horse-drawn cabs] now, or hereafter licensed, to be inspected at least once every [four] 4 months. The date of such inspection and the signature of the person making the inspection shall be recorded upon the inspection card in the spaces provided therefor.
§ 17. Section 20-379 of the administrative code of the city of New York is amended to read as follows:
§ 20-379 Form of inspection card. The commissioner shall prescribe an appropriate form of inspection card for sight-seeing buses [and horse-drawn cabs] and the manner in which such card and the sight-seeing bus driver's [and horse-drawn cab driver's] identification cards shall be displayed.
§ 18. Sections 20-380, 20-381, 20-381.1, 20-381.2, 20-382 and subdivisions b, c, and d of section 20-383 of the administrative code of the city of New York are REPEALED.
§ 19. Subdivision 20-381 of the administrative code of the city of New York, subdivision f of such section as added by local law number 10 for the year 2010, is amended by adding a new subdivision g to read as follows:
g. No further horse drawn cab driver’s license shall be issued nor application for such license accepted. A valid unexpired license may be renewed for a limited term, and shall expire no later than June 1, 2026.
§ 20. Section 24-330 of the administrative code of the city of New York is amended to read as follows:
§ 24-330 Watering horses. a. Within the city, all publicly owned watering troughs, and those erected or maintained by the American Society for the prevention of cruelty to animals, shall be provided with the necessary piping and fixtures to enable the filling of pails with water therefrom, or otherwise modified in construction so as to meet the requirements of the board of health. The supply of water for such troughs shall be furnished by the department of environmental protection. All other horse-watering troughs on streets and public places in the city shall likewise be provided with the piping and fixtures necessary to enable the filling of pails with water, and the use of the water for that purpose shall be paid for. All horse-watering stations in streets and public places hereafter constructed or operated, shall conform to the provisions of this section. It shall be unlawful to draw water from such fixtures except to water horses or other animals. It shall be unlawful to tamper with such fixtures.
b. [Every commercial vehicle to which a horse is attached, while on the public thoroughfares of the city, must be provided with a watering pail, which shall be used for the purpose of watering or feeding the horse or horses attached to the vehicle.]
[c.] The provisions of this section shall not prevent the establishment of temporary relief stations for watering horses in conformity with such requirements as may be imposed by the board of health, with the consent of the commissioner.
§ 21. Subchapter 21 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-374.2 to read as follows:
§ 20-374.2. Workforce development program. The department shall collaborate with the mayor’s office of talent and workforce development to administer a workforce development program for horse drawn cab drivers and other workers engaged in the business of operating such horse drawn cabs. Such program shall be designed to facilitate the transition of such drivers and workers to other fields of employment. The department shall provide information about this program to all persons licensed to drive a horse drawn cab.
§ 22. This local law takes effect 90 days after it becomes law, except that:
a. Sections one, four, five, six, seven, eight, nine, ten, eleven, twelve, fourteen, fifteen, sixteen, seventeen, eighteen, and twenty take effect on June 1, 2026;
b. Sections thirteen and nineteen take effect 90 days after this local law becomes law and expire and are deemed repealed on June 1, 2026; and
c. Section twenty-one takes effect 90 days after this local law becomes law and expires and is deemed repealed on June 1, 2028.
Session 13
LS# 6327
MC
6/5/2025 1:30pm
Session 12
LS# 6327
3/23/22