When used in this Chapter, the following terms have the following meanings:
(a) Animal nuisance. Animal nuisances include, but are not limited to, animal feces, urine, blood, body parts, carcasses, vomitus and pervasive odors; animals carrying, or ill with, diseases communicable to persons or other animals; and dangerous dogs.
(b) Food has the same meaning as in 24 RCNY Health Code Article 71).
(c) Food service establishment means an establishment with outdoor dining areas that is permitted by the Department pursuant to 24 RCNY Health Code § 81.05.
(d) Licensed means that the dog's owner has obtained the dog license required by Chapter 115 of the Laws of 1894, as amended, or that the owner, if not a resident of New York City, has obtained a license to own or harbor the dog as required by the laws of the jurisdiction in which the owner resides.
(e) Outdoor dining area means an area operated and controlled by a food service establishment that is located outdoors and is used by patrons of the establishment to dine. Such areas include, but are not limited to, (i) a licensed unenclosed sidewalk cafe as defined in the § 20-223(c) of the Administrative Code of the City of New York (Administrative Code) or successor provision, and (ii) an outdoor dining area not located on a sidewalk that is accessed directly from the street or through a passage of the establishment, if such passage is completely separated from any dining, food preparation or food, equipment or utensil storage areas of the establishment. An enclosed sidewalk cafe, as defined in § 20-223(b) of the Administrative Code, is not an outdoor dining area.
(f) Permittee means the person or entity holding a permit issued pursuant to 24 RCNY Health Code § 81.05 to operate a food service establishment that has a designated outdoor dining area.
(g) Service dog means a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.
(h) Under control of the dog's owner means that the dog is on the floor of the outdoor dining area, within arm's length reach of the owner, and is (i) on a leash securely held by the owner, (ii) a leash tied to a table or chair leg, or (iii) in a crate.
(Added City Record 3/23/2016, eff. 4/23/2016)
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