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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 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.
The amount to be charged and collected for the use of a horse drawn cab by one or more passengers shall be the total of the following items: fifty dollars for the first twenty minutes or fraction thereof and twenty dollars for each additional ten minutes thereafter. Such rates shall be indexed for inflation based on the Consumer Price Index every three years.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/089.
a. It shall be unlawful for any person to operate a horse drawn cab within the city without having a valid horse drawn cab driver's license from the commissioner.
b. The biennial fee for each such horse drawn cab driver's license shall be thirty dollars.
c. The commissioner shall investigate each applicant as to character and fitness before such license shall be issued.
d. A horse drawn cab driver's license shall not be issued or renewed unless the applicant therefor has submitted to the commissioner a certificate issued by the commissioner of health pursuant to section 17-334.1 of the code.
e. It shall be unlawful for any owner of a horse drawn cab to permit such horse drawn cab to be operated by a person who does not possess a current valid driver's license issued pursuant to this section. In any prosecution of an owner for a violation of this section, it shall not be necessary to prove that the owner knew or should have known that the driver was unlicensed, and there shall be a rebuttable presumption that such cab was operated with the permission of the owner.
f. An applicant who has not previously held a license under this section shall be issued a probationary license upon approval of his or her application. A holder of a probationary license may ride alongside a licensed driver at any time. A probationary license shall be valid from the date of issuance until six months after the date of issuance and may be revoked for any violation of the rules and regulations pertaining to rental horses and horse drawn cabs. Until he or she accrues eighty hours time spent operating a horse drawn cab, a holder of a probationary license shall only be permitted to operate a horse drawn cab at staging areas immediately adjacent to Central Park and on roadways or paths wholly within a New York City park. Following the accrual of eighty hours of time spent operating a horse drawn cab, a holder of a probationary license shall be permitted to operate a horse drawn cab to or from a stable at any time. For the purposes of this subsection a person shall be considered to be operating a horse drawn cab if he or she is holding the reins of a horse attached to a horse drawn cab and directing such horse's movements while the cab is in motion. At the conclusion of six months, if the probationary licensee has accrued no violations under subchapter 3 of title 17 or this subchapter, the licensee shall be issued a horse drawn cab driver's license under the terms of this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/089 and L.L. 1995/031.
a. 1. It shall be unlawful for a driver of a horse drawn cab to operate such cab at any time when and where such operation is prohibited.
2. In addition to the time restrictions on the operation of horse drawn cabs as set forth in this section, no horse drawn cab may operate on any street in New York between the hours of 3:00 a.m. and 7:00 a.m., seven days a week.
b. (1) Horse drawn cabs shall not be driven or operated in the borough of Manhattan between the hours of 7:00 a.m. and 10:00 a.m. on Monday through Friday. Horse drawn cabs shall not be driven or operated in the borough of Manhattan between the hours of 10:00 a.m. and 9:00 p.m. on Monday through Friday except for that area inside or immediately adjacent to Central Park.
(2) Between the hours of 9:00 p.m. and 11:30 p.m. on Monday through Friday, between the hours of 12:30 p.m. and 11:30 p.m. on Saturday, and between the hours of 1:30 p.m. and 7:00 p.m. on Sunday, horse drawn cabs shall not be driven or operated in the borough of Manhattan in the areas bounded by and including the following streets: on the north by West Fifty-seventh Street, on the east by Seventh Avenue, on the south by West Forty-second Street and on the west by Ninth Avenue; and on the north by West Sixty-fifth Street, on the east by Columbus Avenue, on the south by West Fifty-seventh Street and on the west by Amsterdam Avenue.
(3) On Saturday between the hours of 10:00 a.m. and 8:00 p.m. throughout the year and on Sunday between the hours of 10:00 a.m. and 7:00 p.m. during the period commencing with the Sunday preceding Thanksgiving until the sixth day of January immediately thereafter, horse drawn cabs shall not be driven or operated in the borough of Manhattan in the area bounded by and including the following streets: on the north by West Fifty-seventh Street, on the east by Fifth Avenue, on the south by West Forty-second Street and on the west by Avenue of the Americas.
(4) On New Year's Day, Thanksgiving Day and Christmas Day, the restrictions set forth in paragraphs one, two and three of this subdivision shall not apply. On the aforementioned days between the hours of 10:00 a.m. and 11:30 p.m., horse drawn cabs shall not be driven or operated in the borough of Manhattan in the areas bounded by and including the following streets: on the north by West Fifty-seventh Street, on the east by Seventh Avenue, on the south by West Forty-second Street and on the west by Ninth Avenue; and on the north by West Sixty-fifth Street, on the east by Columbus Avenue, on the south by West Fifty-seventh Street and on the west by Amsterdam Avenue.
(5) At no time shall any horse drawn cab be driven or operated on or in any bridge or tunnel within the city of New York.
(6) At no time shall any horse drawn cab be driven or operated on any street below 34th Street in the borough of Manhattan. Columbus Avenue, on the south by West Fifty-seventh Street and on the west by Amsterdam Avenue.
(5) At no time shall any horse drawn cab be driven or operated on or in any bridge or tunnel within the city of New York.
c. The prohibitions contained in this section shall not be construed to apply to horse drawn cabs which are being driven, without passengers, on a direct route to or from the location at which the horse is sheltered, provided that they are so driven no more than one-half hour prior to the end of any time restriction or one-half hour after the beginning of any time restriction. The driver may be accompanied at such times only by the owner or operator of a horse drawn cab, a stable owner, the driver of a horse drawn cab and driver-trainee, or an employee of an owner or operator of a horse drawn cab or stable owner.
d. Where exigent circumstances exist and a police officer or other authorized officer or employee of the department, the department of transportation, or the department of parks and recreation gives notice to the driver of a horse drawn cab to refrain from operating such cab in a specific location at a specific time, such driver shall not operate such cab at such location at such time. For purposes of this subdivision, exigent circumstances shall include, but shall not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of any obstructions in the public space at or near such location, an accident, fire or other emergency situation, or a parade, demonstration or other similar event or occurrence at or near such location.
e. This section shall be enforced by the department and the department of transportation, with the cooperation of the department of parks and recreation, the police department, the department of health and mental hygiene and the American Society for the Prevention of Cruelty to Animals.
f. This section shall not be construed to permit the operation, parking, stopping or standing of any horse drawn cab in any area at any time where or when such operation, parking, stopping or standing is prohibited by any other law or rule.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/089.
a. The commissioner shall promulgate rules requiring that sufficient lighting and reflective materials be provided on horse drawn cabs including sufficient lighting on the rear axle of all horse drawn cabs at the location where licenses are affixed. Such rules shall be enforced in the same manner as the enforcement of rules promulgated pursuant to section 20-384 of the code.
b. Every horse drawn cab licensed pursuant to this subchapter of the code must be equipped with an emergency brake system, unaffected by rain or wet street conditions.
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