BILL NUMBER: S4914
SPONSOR: SEPULVEDA
TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to prohibiting the operation of horse drawn cabs in the city of
New York; and to repeal certain provisions of such law relating thereto
PURPOSE:
This bill prohibits the operation of horse drawn cabs in the City of New
York.
SUMMARY OF PROVISIONS:
Section one amends the eighth, eleventh, and thirteenth undesignated
paragraphs of section 17-326 of the administrative code of the City of
New York by deleting the provisions which refer to rental horse business
involving horse drawn carriages.
Section two amends the administrative code of the city of New York by
adding a new section 17326.1 which states that it shall be unlawful to
offer rides to the public on a vehicle drawn or pulled by a carriage
horse.
Section three amends subdivisions a and d of section 17-327 of the
administrative code of the city of New York, subdivision d as amended by
local law number 22 of the city of New York by removing language which
allows for the operation of horse drawn vehicles for hire such as horse
drawn cabs.
Section four amends section 17-329 of the administrative code in
relation to the disposition of licensed horses requiring the notifica-
tion of the disposition within 5 days and removes language which made
this applicable solely to sales within New York City. It also adds a new
subdivision to this section setting forth the definition of sold or
disposed in a humane manner.
Section five amends subdivisions g, h and 1 of section 17-330 of the
administrative code of the city of New York, subdivisions g and 1 as
amended by local law number 10 of the city of New York for the year
2010, and subdivision (h) as added by local law number 2 of the city of
New York for the year 1994, by removing language, which refers to the
operation of horse drawn cabs or carriage horses.
Section six repeals subdivisions o and p of section 17-330 of the admin-
istrative code of the city of New York.
Section seven of the bill amends paragraph 1 of subdivision a of section
17-331 of the administrative code of the city of New York by removing
language referring to the operation of carriage horses.
Section eight repeals subdivision a of section 17-334 of the administra-
tive code of the City of New York and re-letters subdivisions b and c as
a and b.
Section nine repeals section 17-334.1 of the administrative code of the
city of New York.
Section ten repeals sections 19-174 and 19-175 of the administrative
code of the City of New York.
Sections eleven and twelve amend section 20-371 and subdivisions 1 and 3
of section 20-372 of the administrative code of the city of New York, as
amended by local law number 31 of the city of New York for the year
1995, by removing language referring to the operation of horse drawn
cabs.
Section thirteen repeals subdivisions 5, 6, 7 and 8 of section 20-372 of
the administrative code of the city of New York and renumbers the
remaining subdivisions.
Section fourteen amends subdivisions a and b of section 20-373 of the
administrative code of the city of New York by removing language refer-
ring to the operation of horse drawn cabs.
Section fifteen repeals subdivisions c and d of section 20-373 of the
administrative code of the city of New York.
Section sixteen amends subdivisions a and b of section 20-374 of the
administrative of the city of New York by removing language referring to
the operation of horse drawn cabs.
Section seventeen repeals subdivisions c of section 20-374 of the admin-
istrative code of the city of New York.
Section eighteen amends section 20-375 of the administrative code of the
city of New York, as amended by local law number 2 of the city of New
York for the year 1994 by removing language referring to the operation
of horse drawn cabs.
Section nineteen repeals sections 20-377 and 20-377.1 of the administra-
tive code of the city of New York.
Sections twenty and twenty-one amend sections 20-378 and 20-379 of the
administrative code of the city of New York by removing language refer-
ring to the operation of horse drawn cabs.
Section twenty-two repeals sections 20-380, 20-381, 20-381.1, 20-381.2
and 20-382 of the administrative code of the city of New York.
Section twenty-three amends section 20-383 of the administrative code of
the city of New York, as amended by local law number 2 of the city of
New York for the year 1994, the section number, the section heading and
subdivision a as amended by local law number 41 of the city of New York
for the year 2005 by renumbering and removing language referring to the
operation of horse drawn cabs.
Section twenty-four sets forth the effective date as the one hundred and
eightieth day after it shall have become a law.
JUSTIFICATION:
As recently as Wednesday, August 10, 2022 a carriage horse named Ryder
collapsed at 9th Avenue and 45th Street in the heavy traffic going to
the Lincoln Tunnel. Images of this painfully thin horse struggling to
get up, still bridled to his carriage as his driver whipped him to
comply, were picked up by the media and attracted a large, horrified
crowd. Overcome for about an hour, Ryder finally managed to get up after
being hosed down by the New York City Police Department..
The Administrative Code prior to 1993 permitted the operation of horse
drawn carriages exclusively within the confines of Central Park and the
adjacent streets. When this portion of the code sunsetted the Adminis-
trative Code was amended to allow the operation of horse drawn carriages
in many sections of congested midtown Manhattan. These new code require-
ments contained numerous subparagraphs defining restrictions depending
upon the days of the week and the specific locations for operation.
Because of these changes in 1994, many safety hazards have been created
in an areas of the city where there are already numerous traffic safety
issues given the abundance of cars, taxis, buses, bikers, pedestrians
and emergency vehicles. In addition, given the complex nature of the
statute on its face, enforcement has become difficult and spotty at the
best of times. Because of opening up midtown streets to horse drawn
carriages, a plethora of accidents has occurred posing grave danger to
motorists, pedestrians, carriage passengers, carriage drivers; not to
mention the horses themselves.
In September 2009 a carriage driver was critically injured when a taxi
on Fifth Avenue collided with a carriage in mid-afternoon. The taxi
smashed into a wall and the horse and carriage lurched violently around
a corner and ultimately stopped with the driver sustaining serious inju-
ries requiring hospitalization. In September 2007 being startled by
shrill noise a 12 year old horse bolted while left unattended; and
became entangled in the carriages wheels after crashing into a tree. The
horse died at the scene after suffering shock.
At least 6 other accidents involving horse carriages occurred prior to
this. In January 2006 another carriage horse died when it was startled
and galloped down 9th Avenue for blocks and collided with a vehicle.
This incident caused serious injury to the driver of the carriage as
well.
These gruesome scenes have occurred far too many times on the streets of
midtown Manhattan. It is not only a matter of public safety but humane
treatment of the horses involved that has raised this matter to a seri-
ous state concern. Since the City of New York has not been able to
resolve this matter successfully, the State Legislature must act to
protect the public from any future public safety hazard.
LEGISLATIVE HISTORY:
S. 9538 of 2021-22: Referred to Rules;
A. 1002 of 2019-20: Referred to Cities;
S.4573 of 2017-18: Referred to Cities;
S.698 of 2015-16: Referred to Cities;
2013-14: S.667 of 2013-12: Referred to Cities;
2011-12 S.5013 if 2011-12: Referred to Cities
FISCAL IMPLICATIONS:
To be determined
LOCAL FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
One hundred and eighty days after it shall have become a law.