When used in these regulations:
Abuse. "Abuse" means the failure to provide care for a horse in the manner prescribed by these regulations and/or Subchapter 3 of Chapter 3 of Title 17 of the New York City Administrative Code, or any other physical maltreatment of the rental horse.
Adverse weather conditions. "Adverse weather conditions" means any weather conditions which are hazardous to the health and safety of horse, driver, rider or public.
ASPCA. "ASPCA" means the American Society for the Prevention of Cruelty to Animals.
Bureau of Animal Affairs. "Bureau of Animal Affairs" means the Bureau of Animal Affairs Of the Department of Health.
Carriage horse. "Carriage horse" means any horse which is used by its owner or any other person to pull any vehicle, carriage, sled, sleigh or other device in exchange for a fee. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed to be a carriage horse for the purposes of this title.
Commissioner. "Commissioner" means the Commissioner of the New York City Department of Health.
Department. "Department" means the New York City Department of Health.
Driver. "Driver" means an individual licensed by the New York City Department of Consumer Affairs to operate a horse drawn carriage for a fee.
Duplicate tag or certificate. "Duplicate tag or certificate" shall include any replacement of the original thereof.
Fee. "Fee" means a monetary or other consideration for the rental of a horse.
Owner. "Owner" means the owner of a horse which is required to be licensed pursuant to these regulations and the owner of a rental horse business in which such horse is used.
Person. "Person" means an individual, partnership, corporation, association or other legal entity.
Rental horse. "Rental horse" means a horse which is used in a rental horse business.
Rental horse business. "Rental horse business" means a business enterprise which provides or offers the use of a horse to the public for a fee for the purpose of riding or drawing a horse drawn vehicle or which operates a horse drawn vehicle for hire such as a horse drawn cab.
Rider. "Rider" means an individual to whom a riding horse is rented for a fee.
Riding horse. "Riding horse" means a horse which is available to the public for a fee for the purpose of riding.
Stable. "Stable" means any place, establishment or facility where one or more rental horses are housed or maintained.
Under tack. "Under tack" means that a horse is equipped for riding or driving.
Veterinarian. "Veterinarian" means a person licensed to practice veterinary medicine in the State of New York.
Work. "Work" means a horse is considered to be at work when it is out of its stable and presented to the public as being available for riding, pulling carriages, vehicles or other devices, or when it is saddled or in harness or when it is being ridden or is pulling a carriage, vehicle or device.
(a) License.
(1) No person shall use or offer the use of a horse in a Rental Horse Business unless such horse is licensed pursuant to the provisions of these regulations. For purposes of these regulations, the use of a horse in a Rental Horse Business means that a horse is used or offered for use for the purposes of riding or is used in the operation of a horse drawn vehicle for hire, such as a horse drawn cab.
(2) A license shall be issued for a term of one year from the date of issuance thereof and shall be renewed prior to the expiration of such date.
(3) The annual fee for a license or renewal shall be twenty-five dollars.
(4) An application for a license or renewal of a license shall be made to the Department. Such application shall contain the name and address of the owner of the horse and rental horse business in which such horse is to be used, the age, sex, color, marks and any other identifying marks such as brands or tattoos of the horse, the location of the stables where the horse is to be kept and any other information which these regulations may require. The application shall be accompanied by the license or renewal fee. No license shall be transferable. Upon the transfer of ownership of any horse, the new owner shall obtain a license for such horse within 15 days of the transfer date.
(5) The Commissioner shall not issue or renew a horse license unless he is satisfied that the provisions of the New York City Health Code, the Administrative Code and these regulations will be met.
(b) Identification tag and certificate of license.
(1) Each horse licensed pursuant to the provisions of these regulations shall be assigned an official identification number by the Department. Such identification number must be heat branded on a hoof and shall be re-branded whenever that number is no longer clearly visible. Each number shall be at least 3/4 inch high. Such identification number shall also be inscribed on a metal tag which shall be securely attached to the right cheek strap of each rental horse at all times when the horse is at work. Such tag shall be issued to the owner with the Certificate of License. Duplicate tags and Certificate of Horse License shall be issued only upon surrender of the original or proof of loss, satisfactory to the Department, and payment of a fee of $2.00.
(2) The Certificate of License shall at all times remain at the stable where the horse is kept and shall be available for inspection by any police officer, agent of the Department and the ASPCA, or to veterinarians employed or retained by the Department or ASPCA, or employees of the Department of Consumer Affairs or any persons designated by the Commissioner to enforce these regulations.
(c) Disposition [upon death or transfer of ownership] of licensed horses.
(1) If a horse dies while at work or under suspicious circumstances the Bureau of Animal Affairs of the Department must be notified within 12 hours of death. Remains shall not be removed from the City of New York nor disposed of for a minimum of 24 hours of such notice unless prior approval is given by the Bureau. The Bureau may order the delivery of the remains to the ASPCA or other approved veterinary organization for the purpose of performing an autopsy.
(2) The Bureau shall be notified of the transfer of ownership or other disposition of a licensed horse within 10 days thereafter. Such notice shall include date of disposition and if sold in New York City, the name and address of buyer or other transferee. In the case of death, the notice shall include the date of death. A licensed horse covered by these regulations, shall not be sold or disposed of except in a humane manner.
(d) Inspection and record keeping.
(1) Stables in which horses used in a rental horse business are kept shall be open for inspection by authorized officers, veterinarians and employees of the Department of Health, and any persons designated by the Commissioner to enforce the provisions of this title, agents of the ASPCA, police officers, and employees of the Department of Consumer Affairs.
(2) An owner of a Rental Horse Business shall keep such records in the form shown in Appendix A, including but not limited to, a consecutive daily record of the movement of each licensed horse including driver's name and identification number, if applicable, rider's name, horse's identification number, vehicle license plate number, if applicable, time of leaving stable and time of return to stable. Such records shall be kept on the premises of the stable where the horses are kept and shall be available for inspection. A stable where rental horses are kept or maintained shall have a time clock or similar tamper-proof device to record by date and time the movement of a horse covered by these regulations to and from work.
Loading...