2006 New York Code - Regulations.

 
    §  17-330  Regulations.  a.  The  commissioner, with the advice of the
  advisory  board  as  hereinafter  established,  shall  promulgate   such
  regulations  as  are  necessary  to  carry  out  the  provisions of this
  subchapter and to promote the health,  safety  and  well  being  of  the
  horses which are required to be licensed hereunder and of members of the
  public who hire such horses.
    b.  Horses  shall  not  be  left  untethered or unattended except when
  confined in a stable or other enclosure.
    c. Standing stalls  in  stables  shall  be  of  a  size  specified  by
  regulation of the commissioner.
    d.  Horses  shall be adequately quartered. Stables and stalls shall be
  clean and dry  and  sufficient  bedding  of  straw,  shavings  or  other
  suitable  materials shall be furnished and changed as often as necessary
  to maintain them in a clean and  dry  condition.  Adequate  heating  and
  ventilation  shall  be  maintained  in  stables  as  prescribed  by  the
  commissioner.
    e. Owners shall  insure  that  appropriate  and  sufficient  food  and
  drinking  water are available for each horse and that while working each
  horse is permitted to eat and drink at reasonable intervals.
    f. Owners shall not allow a horse to be worked on  a  public  highway,
  path  or  street  during  adverse  weather or other dangerous conditions
  which are a threat to the health or safety of the horse. A  horse  being
  worked when such conditions develop shall be immediately returned to the
  stable by the most direct route.
    g.  Carriage  horses  shall not be at work for more than nine hours in
  any continuous twenty-four hour period. Riding horses shall  not  be  at
  work  for  more  than  eight  hours  in  any continuous twenty-four hour
  period.  Rest periods for carriage horses and riding horses shall be  of
  such duration and at such intervals as the commissioner shall prescribe,
  but  rest periods for carriage horses shall in no event be for less than
  fifteen minutes after each two hour working period, and the time of such
  rest period shall be included in calculating the  number  of  hours  the
  horse  has  worked  in  any  twenty-four  hour  period. During such rest
  periods, the person in charge of such carriage horses shall  make  fresh
  water available to the horse.
    h.  Carriage  horses shall not be driven at a pace faster than a trot.
  Riding horses may be ridden at a canter but shall not be galloped.
    i. Horses shall be suitably trimmed or  shod,  and  saddles,  bridles,
  bits,  road harnesses and any other equipment used on or with a horse at
  work shall be maintained and properly fitted as prescribed by regulation
  of the commissioner.
    j. 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,  and  any  persons  designated  by   the
  commissioner to enforce the provisions of this subchapter, agents of the
  ASPCA,  police  officers,  and  employees  of the department of consumer
  affairs.
    k. An owner shall be jointly liable with the person to whom a horse is
  rented for any violation  of  this  subchapter  or  of  any  regulations
  promulgated  hereunder  committed  by  such  person  if  the  owner  had
  knowledge or notice of the act which gave rise to the violation  at  the
  time  of  or  prior  to its occurrence or under the circumstances should
  have had knowledge or notice of such act and did not attempt to  prevent
  it from occurring.
    l.  An owner of a rental horse business shall keep such records as the
  commissioner of health shall prescribe including but not  limited  to  a
  consecutive  daily  record  of  the  movements  of  each  licensed horse
  including the 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.  The
  commissioner may, in his or her discretion, require a time  clock,  date
  stamp or time stamp where such commissioner believes it is appropriate.
    m.  A  horse required to be licensed pursuant to this subchapter which
  is lame or suffers from  a  physical  condition  or  illness  making  it
  unsuitable  for  work  may  be  ordered  to  be removed from work by the
  commissioner or his or her designee or by an agent of  the  ASPCA  or  a
  veterinarian  employed  or  retained  by  such  commissioner or ASPCA to
  inspect licensed horses. A horse for which such an order has been issued
  shall not be returned to work until it has recovered from the  condition
  which  caused  the  issuance  of  the  order or until such condition has
  improved sufficiently that its return to work  will  not  aggravate  the
  condition  or  otherwise  endanger  the  health  of  the  horse.  In any
  proceeding, under this section it shall be presumed that a  horse  which
  is found at work within forty-eight hours after the issuance of an order
  of removal and which is disabled by the same condition which caused such
  order  to  be  issued  has  been  returned  to work in violation of this
  section. Such presumption may be rebutted by offering a certificate of a
  veterinarian indicating suitability to  return  to  work  prior  to  the
  expiration of the forty-eight hour period.
    n.  Every horse required to be licensed hereunder shall be examined by
  a veterinarian  prior  to  its  use  in  a  rental  horse  business  and
  thereafter at intervals of not more than one year. The examination shall
  include  the  general  physical condition of the horse, its teeth, hoofs
  and shoes, and its stamina and physical ability to perform the  work  or
  duties  required  of  it. The examination shall also include a record of
  any injury, disease, or deficiency observed by the veterinarian  at  the
  time, together with any prescription or humane correction or disposition
  of  the  same. A signed health certificate by the examining veterinarian
  shall be maintained at the  stable  premises  at  which  such  horse  is
  located.  A  copy  of  said certificate shall be mailed by the examining
  veterinarian to the department of health and mental hygiene.
    o. 1. Carriage horses shall not be worked whenever the air temperature
  is 18 degrees fahrenheit or below.
    2. Carriage horses shall not be worked whenever the air temperature is
  90 degrees fahrenheit or above.
    3. For the purposes of this subdivision, temperatures shall  be  those
  measured  by  a  state-of-the-art  thermometer,  as  determined  by  the
  commissioner, as measured by the commissioner or his or her designee  at
  street  level at one of the stands designated pursuant to section 19-174
  of the code.
    4. If the temperature exceeds  the  limits  set  by  this  subdivision
  during the course of a particular ride, at the ride's conclusion, but no
  later than one-half hour after the temperature exceeds these limits, the
  operator  must  immediately  cease working, move the horse to an area of
  shelter, where available, rest the horse and then walk  it  directly  to
  its stable. All horses so returned to their stable must be unbridled and
  unharnessed  and  must  remain  at the stable for at least one hour, and
  thereafter, until such time as the weather conditions shall  once  again
  reach acceptable limits.
    5.  No  violation  of  this  subdivision  shall occur unless a written
  warning of violation is  first  issued  by  the  authorized  enforcement
  personnel  to  the  operator advising that the air temperature limits of
  this subdivision have been exceeded  and  directing  that  the  operator
  cease working a carriage horse in accordance with the provisions of this


  subdivision.  A  violation  of  this  subdivision  may  be  issued if an
  operator fails to comply with the direction  contained  in  the  written
  warning of violation. Failure to comply with such direction shall not be
  construed as a separate violation.
    p. In the event that any regulation requiring horse drawn carriages to
  be  equipped with a manure catching device is adopted by any city agency
  or agencies, such devices shall be affixed or attached to  the  carriage
  and shall at no time be affixed or attached to the horse.