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a. Definitions.
1. "Covered languages" shall mean Chinese, English, Korean, Russian and Spanish, and any other language determined by the department.
2. "Food service establishment" shall have the meaning as such term is defined in section 81.03 of the health code of the city of New York, except that it shall apply exclusively to restaurants where food is sold and space is designated specifically as an eating area.
b. The department shall create a poster containing information on food allergy to be posted in food service establishments. Such poster shall be printed in the covered languages and shall be made available by the department to food service establishments.
c. Every food service establishment shall post, in accordance with the rules of the department, the poster containing information on food allergy created by the department pursuant to subdivision b of this section in a conspicuous location accessible to all employees involved in the preparation of food and the service of food.
d. The department may charge a fee to cover printing, postage and handling expenses in connection with making the poster available to food service establishments.
e. Any food service establishment that violates subdivision c of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not to exceed one hundred dollars for each violation.
a. Definition. "Internet-based food delivery service provider" shall mean any food service establishment as defined in section 81.03 of the health code of the city of New York that accepts food orders for delivery from customers via the internet or mobile application, or any third-party website or mobile application that accepts food orders for delivery from customers via the internet.
b. Every internet-based food delivery service provider shall conspicuously post on their website or mobile application a hyperlink to the city of New York's health department food establishments lookup tool, which lists the most current sanitary inspection letter grade of any food service establishment, pursuant to section 81.51 of the health code of the city of New York, for which food delivery services are provided to customers.
c. Any internet-based food delivery service provider that violates subdivision b of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not to exceed one hundred dollars for each violation.
(2024 N.Y. Laws Ch. 540, 11/25/2024, eff. 3/25/2025)
a. Definition. For the purposes of this section, the term "responsible person" shall mean any individual, governmental body or division thereof or corporate entity authorized by the department to use the electronic death registration system.
b. Development of an electronic death registration system. The department shall, subject to the approval of the board of health, develop an electronic death registration system. Such electronic death registration system shall include an internet based electronic method of collecting, storing, recording, transmitting, amending and authenticating information necessary to complete a death registration. Such system shall enable the department to produce certified death certificates and amended death certificates, as well as burial, transportation, cremation and disinterment permits, and any such other related documents determined by the department as capable of being produced and transmitted by such system. Such system shall, with the exception of certified death certificates and amended death certificates, be able to transmit information and documents to remote local printers or facsimile machines of responsible persons for printing. Such system shall include an electronic payment system by which all fees, including, but not limited to, those relating to data recordation and the issuance of permits and certified copies of death certificates, may be transmitted to the department. The department shall ensure that the electronic death registration system be designed in such a way so as to best facilitate convenient access by responsible persons in a manner consistent with ensuring system security.
c. Implementation.
(i) By October 1, 2006, the department shall ensure that at least sixty percent of all deaths occurring within the city of New York are registered via the electronic death registration system.
(ii) By October 1, 2008, the department shall ensure that the electronic death registration system is accessible to all responsible persons who seek to use such system for the registration of deaths occurring within the city of New York and that at least seventy-five percent of all deaths occurring within the city of New York are registered via such system.
d. Emergency events; exceptions. In the event of an emergency declared by the commissioner or the mayor, or exigent circumstances declared by the commissioner or chief medical examiner on a case-by-case basis, the electronic death registration system shall not be required as the means for the registration of deaths.
e. Training and certification. By October 1, 2004, the department shall develop a training curriculum and implement a training program based on such curriculum to train all responsible persons and their designees pursuant to subdivision f of this section in the operation and use of the electronic death registration system. The department shall ensure that such training program be offered at least four times a year at various locations throughout the city of New York at a price reasonably related to the cost of providing such training. Such programs may be operated by the department or by a private entity, including, but not limited to, health care facilities and relevant professional associations and societies, pursuant to an agreement with the department. At the successful completion of such training, such responsible persons and their designees shall receive a certification from the department indicating that such training was successfully completed.
f. Access.
(i) A responsible person may designate one or more employees of such responsible person to input information into the electronic death registration system under the supervision of such responsible person, but who are not authorized to authenticate such information.
(ii) By November 1, 2004, the department shall provide at least two computer workstations at all burial desks operated by the office of vital statistics for the use of responsible persons to input information into the electronic death registration system.
g. Violations. Any responsible person who violates any rules promulgated pursuant to this section shall be liable to pay a penalty as provided by the health code of the city of New York, the administrative code of the city of New York or any other applicable law, rule or regulation.
h. Reserved.
i. Reserved.
j. Rules. By November 1, 2004, the department shall promulgate rules in accordance with this section, and such other rules as may be necessary for the purpose of implementing and carrying out the provisions of this section. Such rules shall include a schedule of fees relating to the issuance of permits and certified death certificates that are reasonably related to the cost of operating and maintaining the electronic death registration system.
(Am. L.L. 2023/068, 5/29/2023, eff. 6/28/2023; Am. L.L. 2023/069, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/002.
a. (1) No person shall tether, leash, fasten, secure, restrain, chain or tie an animal to a stationary object outdoors, or cause such animal to be so restrained, for longer than three continuous hours in any continuous twelve-hour period.
(2) Any person who tethers, leashes, fastens, secures, restrains, chains or ties an animal to a stationary object outdoors for a permissible period of time shall provide such animal with adequate food, water and shelter, and shall restrain the animal with a device having swivels at both ends that is of an adequate length for the type and size of animal being restrained, provided, however, that the requirement to provide adequate food, water and shelter shall not apply to a person who restrains an animal while completing a task for a period of time that is fifteen minutes or less in duration.
b. Notwithstanding the provisions of subdivision a of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain any animal for any amount of time with a device that:
(1) is a choke collar or pinch collar;
(2) has weights attached or contains links that are more than one-quarter inch thick;
(3) because of its design or placement is likely to become entangled;
(4) is long enough to allow the animal to move outside of its owner's property; and
(5) would allow the restrained animal to move over an object or edge that could result in the strangulation of or injury to such animal.
c. Any person who violates the provisions of this section or any of the rules promulgated thereunder shall, for a first offense, be guilty of a violation punishable by a fine not to exceed two hundred fifty dollars, provided that such person shall be issued a written warning instead of such fine for such first offense where such animal was not injured as a result of being restrained in violation of this section. For any subsequent offense within a continuous twelve-month period, such person shall be guilty of a class B misdemeanor punishable by a fine not to exceed five hundred dollars or by imprisonment of not more than three months, or both. In addition to such penalties, any person who violates this section shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than five hundred dollars.
d. Authorized officers, veterinarians and employees of the department, agents of the American Society for the Prevention of Cruelty to Animals and any other persons designated by the commissioner shall be empowered to enforce the provisions of this section or any rule promulgated hereunder. Violations of this section may be supported by evidence including, but not limited to, time-stamped photographs and video, records of complaints, and sworn witness statements.
e. The provisions of this section shall not be construed to prohibit the department, the American Society for the Prevention of Cruelty to Animals or any law enforcement officer from enforcing any other law, rule or regulation regarding the humane treatment of animals.
f. The provisions of subdivision (a) of this section shall not apply to the officers or employees of any federal, state or city law enforcement agency.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Cause a performance. The term "cause a performance" means to be financially or operationally responsible for the management of a performance, or to officially or financially sponsor a performance.
Circus. The term "circus" means any live show or carnival which, along with clown, acrobatic, or stunt performances, features performances by live wild or exotic animals that, in order to be able to perform, have traveled in mobile housing facilities or were taken from their permanent residence and required to travel for any distance.
Companion animal. The term "companion animal" means any domesticated animal normally maintained in or near the household of the owner or person who cares for such animal. The term "companion animal" does not include farm animals or animals that cannot be sold, given, possessed, harbored, kept or yarded pursuant to paragraph (1) of subdivision (a) of section 161.01 of the New York city health code.
Farm animal. The term "farm animal" means poultry, sheep, swine, goats, donkeys, mules, horses, alpacas, llamas, camels, or any species of cattle.
Wild or exotic animal. The term "wild or exotic animal" means any animal, other than a companion animal or farm animal, from any of the following superorders, orders, classes, families or clades, or any hybrid of any such animal, including a hybrid with a companion animal or farm animal:
1. Artiodactyla (including hippopotamuses and giraffes);
2. Canidae (including wolves, foxes and jackals);
3. Cetacea (including whales and dolphins);
4. Crocodilia (including alligators and crocodiles);
5. Elephantidae (elephants);
6. Felidae (including tigers, lions, jaguars and leopards);
7. Hyaenidae (hyenas);
8. Kangaroos;
9. Non-human primates (including apes, monkeys and lemurs);
10. Perissodactyla (including rhinoceroses, tapirs and zebras);
11. Pinnipedia (including seals, sea lions and walruses);
12. Struthio (ostriches); and
13. Ursidae (bears).
b. Prohibited acts. It shall be unlawful for any person to cause a performance of any wild or exotic animal that is part of a circus.
c. Enforcement. Any authorized employee, officer, or agent of the department or any other city agency designated by the mayor may enforce the provisions of this section or any rule promulgated thereunder.
d. Rules. The commissioner may promulgate rules as may be necessary for the purpose of carrying out this section.
e. Violation and penalties. Any person who violates subdivision b of this section or any rule promulgated thereunder shall be liable for a civil penalty not to exceed $2,500 for each violation recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings; except that for a first such violation and other violations of subdivision b occurring on the same day, such person shall be liable for a civil penalty not to exceed $1,000 for each violation recoverable in a proceeding before any such tribunal. Each performance of an individual wild or exotic animal constitutes a separate violation of this section.
f. Other laws not affected. Nothing in this section shall be construed to affect any other protections or prohibitions related to animals pursuant to any other provision of law.
(L.L. 2017/118, 7/22/2017, eff. 10/1/2018; Am. L.L. 2017/138, 8/20/2017, eff. 8/20/2017; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/118.
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