Int. No. 963
By Council Member Paladino
A Local Law to amend the administrative code of the city of New York, in relation to banning the use of live fish as prizes
Be it enacted by the Council as follows:
Section 1. Title 17 of the administrative code of the city of New York is amended by adding a new chapter 23 to read as follows:
CHAPTER 23
ANIMALS
SUBCHAPTER 1
GENERAL PROVISIONS
§ 17-2301 Definitions. For purposes of this chapter, the following terms have the following meanings unless otherwise expressly provided:
Director. The term “director” means the director of animal welfare.
Office. The term “office” means the office of animal welfare.
SUBCHAPTER 2
LIVE FISH AS PRIZES
§ 17-2321 Definitions. As used in this subchapter, the following terms have the following meanings:
Event sponsor. The term “event sponsor” means a holder of, or applicant for, a street activity permit from the street activity permit office.
Fish. The term “fish” includes finfish, mollusks, crustaceans, and all other forms of marine animal life.
Food service establishment. The term “food service establishment” means a place where food is provided for individual portion service directly to the consumer, whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand, or vehicle.
Retail food establishment. The term “retail food establishment” means a supermarket, grocery store, specialty food store, or farmers’ market.
Street activity permit office. The term “street activity permit office” means the office established by section 1-02 of title 50 of the rules of the city of New York, or any successor office responsible for issuing permits for street festivals, block parties, farmers’ markets, commercial or promotional events, and other events on city streets.
§ 17-2322 Live fish as prizes prohibited. a. No person shall give as a prize, or exchange or offer to exchange for nominal consideration, any live fish in any game, drawing, contest, sweepstakes, or other similar promotion. Each violation of this subdivision constitutes a separate and distinct offense.
b. No person shall possess a fish on the premises of any street festival, block party, farmers’ market or other public gathering taking place on city streets with intent to engage in an activity that is prohibited by subdivision a of this section. Each fish possessed in violation of this subdivision forms the basis of a separate and distinct offense.
c. No event sponsor shall allow any person to violate subdivision a or b of this section at an event for which such event sponsor has been issued a permit by the director of the street activity permit office. Each violation of this subdivision constitutes a separate and distinct offense.
d. The provisions of this section do not apply to the offering or provision of live fish for human consumption at a reduced rate or for nominal consideration by a food service establishment, retail food establishment, or agent thereof.
§ 17-2323 Enforcement. a. Any person who violates subdivision a or b of section 17-2322 is liable to pay a civil penalty of $25 per violation.
b. Any event sponsor who violates subdivision c of section 17-2322 is liable to pay a civil penalty of $100 for each such violation, except that no person shall be liable for more than $500 per day, nor more than $2,000 per event at which such violations occurred.
c. A civil penalty authorized by this section is recoverable in a proceeding before the office of administrative trials and hearings pursuant to section 1049-a of the charter.
§ 17-2324 Outreach and education. a. General notice. The director shall create and make available online, materials relating to:
1. The provisions of this subchapter, and every other law, if any, that penalizes the disposal or discharge of live fish within the city, including into the waters and sewers of the city;
2. The ecological and public health consequences resulting from the disposal of live fish into the waters and sewers of the city; and
3. Best practices for caring for live fish commonly maintained by individuals for companionship or ornamental purposes.
b. Street activity permit application notice. 1. The director of the street activity permit office shall issue a notice that recites the provisions of sections 17-2322 and 17-2323, post such notice on the street activity permit office website, and provide such notice to each event sponsor.
2. The director shall require that each event sponsor certify that such event sponsor has reviewed the notice issued pursuant to paragraph 1 of this subdivision when applying for a permit from the street activity permit office, provided that such certification shall not be required for any application submitted by a event sponsor before the effective date of this paragraph.
§ 2. This local law takes effect immediately, except that paragraph 2 of subdivision b of section 17-2324 of the administrative code of the city of New York, as added by section one of this local law, takes effect 90 days after it becomes law.
ALK
LS #23633/23643/23679
6/15/2026 1:12PM