Section 17-330. Regulations  


Latest version.
  • 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,  the 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 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  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.