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a. The commissioner shall appoint an advisory board consisting of five members as follows:
1. Two members shall be appointed from among the owners of rental horse businesses operating within the city, one of whom 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.
2. Two members shall be appointed from the public at large. However, in no event shall more than one person so appointed to the board be a member of the board of directors or an employee of any animal humane society or association.
3. One member shall be a veterinarian.
b. The terms of office of the members of the board shall be three years except that the terms of office of the members first appointed shall be as follows:
1. Two of such members first appointed shall serve for a term ending on the thirty-first day of December, nineteen hundred eighty-two.
2. Two of such members first appointed shall serve for a term ending on the thirty-first day of December, nineteen hundred eighty-three.
3. One of such members first appointed shall serve for a term ending on the thirty-first day of December, nineteen hundred eighty-four.
c. The members of the board shall serve without compensation.
d. The board 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 of members of the public who hire such horses.
a. Any violation of this subchapter, or of any of the rules promulgated hereunder, shall upon conviction thereof be punishable by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment not exceeding fifteen days, or both.
b. In lieu of criminal prosecution, any violation of this subchapter or any of the rules promulgated hereunder may be prosecuted as civil violations subject to a civil penalty of not less than twenty-five dollars nor more than five hundred dollars or by the suspension or revocation of a license and the suspension from work of the horse with respect to which the act caused the violation was committed or by both such civil penalty and suspension. Civil violations, under this section, shall be adjudicated before the administrative tribunal of the department.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/089.
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. 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.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
a. The department shall offer a training program and a written examination for all horse drawn cab drivers. The commissioner shall issue a certificate to any person successfully completing the training program and achieving satisfactory results on the written examination administered by the department. Subjects which shall be included in such training program are: (1) proper horse care and grooming, (2) proper preparation and cleaning of harnesses and padding, (3) proper fitting of the bit, bridle and harness to the horse, (4) proper hitching of the horse to the carriage, (5) traffic laws and rules of the city of New York, (6) permissible hours and areas of operation of horse drawn cabs in the city of New York, (7) all laws and rules of the city of New York pertaining in any way to horse drawn cabs and (8) such other subjects as shall be deemed appropriate and necessary by the commissioner.
b. The department may impose a fee for the training program and examination, as provided in subdivision a herein, in order to defray expenses incurred in the administration thereof.
c. The department shall offer the training program and examination, as provided in subdivision a herein, on a regularly scheduled basis, no less frequently than at least four times per year or more frequently as deemed necessary by the commissioner.
d. The training program shall be available only to persons holding a currently valid driver's license.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/089.
Subchapter 4: Inhalation Therapy
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