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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.
On or before September 30 of two thousand sixteen and each year thereafter, the department shall submit an annual report to the speaker of the council and the mayor detailing the department's efforts to identify and prevent the spread of hepatitis B and hepatitis C during the preceding calendar year.
a. Such annual report shall, at minimum, provide separate data on hepatitis B and hepatitis C, disaggregated by disease where applicable, including:
(i) the number of persons newly reported to the department with hepatitis B and hepatitis C infections;
(ii) the prevalence of diagnosed cases;
(iii) the top five causes of hepatitis B and hepatitis C infections in newly reported cases to the department where a cause is indicated;
(iv) the demographic information, including age, gender, zip code or other neighborhood-level designation, borough and, in cases where data is available, country of birth, of persons infected with hepatitis B and persons infected with hepatitis C;
(v) the demographic information, including, to the extent available, age, gender, zip code or other neighborhood-level designation, borough, race, ethnicity and national origin of persons infected with hepatitis B and of persons infected with hepatitis C who receive care or treatment in a program operated or contracted by the department or which receives funding from the council. The department shall also report any such information provided to it by the New York city health and hospitals corporation;
(vi) the number of deaths where hepatitis B and the number of deaths where hepatitis C is listed as the immediate cause of death or the immediate or underlying cause of death on a person's medical certificate of death, and the number of deaths where hepatitis B, hepatitis C or liver cancer is listed as a significant condition contributing to death on a person's medical certificate of death;
(vii) the number of new liver cancers diagnosed;
(viii) the number of new liver cancers diagnosed for which it has been reported to the department that the person also has hepatitis B or hepatitis C, provided, however, that the department is able to obtain the requisite information from the New York state department of health in order to complete such reporting;
(ix) in cases of hepatitis B or hepatitis C diagnosed in a viral hepatitis program operated or contracted by the department or which receives funding from the council, the number of persons linked to care; the number of persons evaluated for treatment; the number of persons who have started treatment; and the number of persons who have completed treatment. The department shall also report any such information provided to it by the New York city health and hospitals corporation;
(x) the number of hepatitis B vaccine doses given and three-dose series completed for hepatitis B for persons who receive care or treatment in a program operated or contracted by the department, including those for whom care or treatment is provided by sites that are contracted to provide department-provided hepatitis B vaccine and those for whom care or treatment is provided by entities that voluntarily provide such information to the department, and the number of hepatitis B vaccine doses given and three-dose series completed for hepatitis B for children;
(xi) the number of pregnant women with hepatitis B including their race, ethnicity and geographic region of birth;
(xii) funding for the previous fiscal year allocated and used specifically on hepatitis B and hepatitis C related programs through both full time equivalent staff and from grants or funding to non-governmental organizations; and
(xiii) a description and list of community outreach efforts targeting hepatitis B and hepatitis C. Provided, however, that the information in paragraph (i) of this subdivision shall be provided every two years beginning in the second year of reporting, the information in paragraphs (ii) and (viii) of this subdivision shall be provided every five years beginning in the second year of reporting and the information in paragraph (vi) of this subdivision shall be provided every three years beginning in the second year of reporting.
b. In addition to any other data the department may deem relevant, such report shall include:
(i) a list of programs and measurable outcomes of such programs, relating to hepatitis B and hepatitis C, including, but not limited to, those programs provided through the department's perinatal hepatitis B prevention program; and
(ii) identification of best practices in programs and/or strategies that could be implemented by the department, non-governmental organizations or other state or federal entities that effectively address hepatitis B and hepatitis C prevention, treatment, care, outreach and education.
c. The annual reports required pursuant to this section as well as any materials distributed by the department in conjunction with programs or initiatives involving hepatitis B and C shall be made available on the department's website and to any member of the public upon request.
d. Information required by this section shall be reported in a manner consistent with the requirements of section 11.11(a)(2) of the New York city health code, or successor provision thereto.
(L.L. 2015/043, 5/18/2015, eff. 5/18/2015)
a. The department shall submit to the mayor and the speaker of the council no later than July 15, 2015, and every three months thereafter, a report regarding the medical and mental health services provided to incarcerated individuals in city correctional facilities during the previous three calendar months that includes, but need not be limited to:
(i) performance indicators reported to the department by any entity providing such services;
(ii) a description of the methodology used in measuring such performance;
(iii) the metrics utilized to determine whether such performance measures meet targets established by the department and any entity providing such services;
(iv) the results of such determinations; and
(v) any actions that the department has taken or plans to take in response to the data reported, including the imposition of liquidated damages.
b. The report required by subdivision a of this section shall also be posted on the department's website, with the data in such report posted in a non-proprietary searchable machine-readable format, and shall be maintained on such website for no fewer than ten years.
c. If no such performance indicators relating to (i) intake, (ii) follow-up care, (iii) patient safety, (iv) preventable hospitalizations, or (v) preventable errors in medical care, are reported to the department, the department shall include performance data relating to such indicators as a part of the report required by subdivision a of this section.
d. Notwithstanding any other requirement of this section, personally identifiable information contained in health records shall not be included in the report required by subdivision a of this section if such disclosure of such information would violate any federal, state or local law or regulation.
(L.L. 2015/058, 6/16/2015, eff. 6/16/2015; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
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