Subchapter 21 - SIGHT-SEEING BUSES, HORSE-DRAWN CABS AND DRIVERS

Section 20-371

Section 20-371

  §  20-371  Licensing of sight-seeing buses, horse drawn cabs and horse
drawn  cab  drivers.  Legislative  findings.  The  legislative  findings
heretofore  made  in  relation to the business of sight-seeing buses and
horse drawn cabs in the city of New York and  set  forth  in  local  law
number  ten  of  nineteen  hundred sixty-four continue to be valid; such
businesses are vested with a public interest and  their  regulation  and
control  continue  to  be  necessary and essential in order to cope with
certain evils and hazards which existed in the absence  of  governmental
supervision.   The  supervision  formerly  was  reposed  in  the  police
commissioner, but recent experience and study indicate that jurisdiction
over such businesses should be transferred to the  commissioner.  It  is
further  found  that  the present number of horse drawn cabs licensed in
the city of New York is adequate to meet the public need and demand  and
should  be  preserved,  unless  the  commissioner  finds that additional
licenses are necessary and advisable.

Section 20-372

Section 20-372

  §  20-372 Definitions. Whenever used in this subchapter, the following
terms shall mean:
  1. "Owner" shall include any person, firm, partnership, corporation or
association owning and operating a sight-seeing bus or buses,  or  horse
drawn  cab  or cabs, and shall include a purchaser under a reserve title
contract, conditional sales agreement  or  vendor's  agreement  and  the
lessee  of  such  vehicle  or  vehicles under a written lease or similar
contract provided such purchaser or lessee of sight-seeing bus or  buses
shall  be  entitled  to  obtain in his or her name a license or licenses
therefor from the commissioner of motor vehicles of  the  state  of  New
York.
  2.  "Sight-seeing  bus  license" shall designate the license issued by
the commissioner for each sight-seeing bus.
  3.  "Inspection  card"  shall  designate  the  card  issued   by   the
commissioner  for  the  sight-seeing  bus  licensed  or  horse drawn cab
licensed, which card shall display the license number  and  capacity  of
such vehicle.
  4.   "Sight-seeing  bus"  shall  mean  a  motor  vehicle  designed  to
comfortably seat and carry eight or more passengers operating  for  hire
from  a  fixed  point  in  the  city of New York to a place or places of
interest or amusements, and shall also include a  vehicle,  designed  as
aforesaid  which  by  oral  or  written  contract  is  let  and hired or
otherwise engaged for its exclusive use for a specific or  special  trip
or excursion from a starting point within the city of New York.
  5.  "Horse  drawn  cab" shall mean a horse drawn vehicle operating for
hire, so designed and constructed to comfortably seat not more than four
adults, or two adults and four children, each of whom  is  under  twelve
years  of  age,  or three adults and two children, each of whom is under
twelve years of age, in the interior thereof.
  6. "Horse drawn cab driver" shall include any person licensed to drive
a horse drawn cab in the city of New York.
  7. "Horse drawn cab license" shall designate the license issued by the
commissioner for each horse drawn cab.
  8. "Horse drawn cab driver's  license"  shall  designate  the  license
issued by the commissioner for a driver of a horse drawn cab.
  9.  "Certificate of conformity" shall mean that document issued by the
Administrator of  the  United  States  environmental  protection  agency
pursuant  to  section  206(a)  of  the  Clean Air Act of 1990, 42 U.S.C.
§7525(a), reflecting such Administrator's determination that  an  engine
conforms  to  emissions  standards  and  other  regulations issued under
section 202 of the Clean Air Act of 1990, 42 U.S.C. §7521,  as  well  as
the  terms and the time periods prescribed thereon, and as such laws and
such regulations may be amended from time to time.
  10. "Fleet" shall mean a group of vehicles owned or  operated  by  the
same person.

Section 20-373

Section 20-373

  §  20-373  License  required;  fee;  term.  a. It shall be unlawful to
operate or permit another to operate for  hire  a  sight-seeing  bus  or
horse-drawn  cab  within  the  city  unless  the  owner shall have first
obtained a license therefor from the commissioner. An  applicant  for  a
horse-drawn cab license shall be at least eighteen years of age.
  b.  Fees.  The  original and renewal license fee for each sight-seeing
bus shall be fifty dollars and for each horse-drawn cab shall  be  fifty
dollars.
  c. The commissioner shall not renew any horse-drawn cab license in the
event  that  he  or she shall determine that the horse-drawn cab has not
been operated for at least four  months  during  the  preceding  license
year,  provided  that such failure to operate shall not have been caused
by strike, riot, war or other public catastrophe. However, in the  event
that  it  is  shown  to  the  commissioner  by  competent proof that the
licensee has been disabled through illness or has been unable to operate
the horse-drawn cab because of other cause beyond his  or  her  control,
the commissioner may renew such license.
  d. The commissioner may refuse to renew any horse drawn cab license in
the  event  that he or she determines that the holder of the horse drawn
cab license has demonstrated a disregard  for  the  provisions  of  this
subchapter as illustrated by repeated violations of such provisions.

Section 20-374

Section 20-374

  §  20-374  Granting and transferring of licenses. a. Any person, firm,
partnership,  corporation  or  association,  owning   or   operating   a
sight-seeing  bus, or buses, or horse-drawn cab, or cabs engaging in the
business of transporting passengers in, about, over and upon any of  the
streets,  avenues, bridges, highways, boulevards or public places within
the limits of the city of New York, shall be issued a license  for  each
bus  or  cab  so  operating,  provided,  however  any such person, firm,
partnership,  corporation  or  association   owning   or   operating   a
sight-seeing  bus  or  buses,  shall  first  have  obtained a license or
licenses,  as  he  or  she  shall  be  entitled  to  receive  from   the
commissioner  of  motor  vehicles  of  the state of New York as made and
provided by law.
  b. It shall be unlawful for a  license,  after  being  issued  by  the
commissioner,  to  be  transferred  to  any  person,  firm, partnership,
corporation  or  association  for  any  cause  whatsoever,  except  that
licenses  for  horse-drawn  cabs may be transferred with the approval of
the  commissioner.  Upon  voluntary  sale  or  transfer  of  a  licensed
horse-drawn  cab  by  the  holder  of  a  license  or  his  or her legal
representative, the licensee shall immediately notify  the  commissioner
of  his  or  her  intention  to  replace  such horse-drawn cab, or shall
surrender his or her license. If the license is surrendered, the  vendee
or transferee may make application to the commissioner for the licensing
of  the horse-drawn cab so purchased. A new license shall then be issued
by the commissioner in place of the license so surrendered, provided the
applicant has demonstrated to the satisfaction of the commissioner  that
he  or  she  is  qualified  to  assume  the  duties and obligations of a
horse-drawn cab license.
  c.  The  commissioner  shall  issue  additional  licenses  only  after
conducting a public hearing to determine whether the public convenience,
welfare  and  necessity  require the operation of additional horse-drawn
cabs. The public hearing shall be called upon his or her own  motion  or
upon  written  request  by  any applicant. Notice of such public hearing
shall be published in the City Record once a week  for  two  consecutive
weeks  and shall be mailed to all current licensees. If the commissioner
shall determine that  additional  horse-drawn  cabs  are  necessary  and
advisable,  he  or  she  shall  certify the number of new licenses to be
granted. Not more than one such public hearing shall be held during  any
calendar year and the commissioner may refuse to consider any request if
it  appears  that  a recent public hearing has adequately considered the
question. In making his or her  determination,  the  commissioner  shall
consider among other things, the income of the driver, the income of the
owner,  the effect upon traffic, and the public demand. The new licenses
which are granted shall be allocated to the then existent  licensees  in
the  ratio  of  the number of licenses held by the licensee to the total
number of licenses issued and in effect. If a licensee does  not  accept
his  or  her  allotted  number  within sixty days, his or her additional
licenses shall be allocated in  the  same  manner  among  the  remaining
licensees.   If   the   number  of  additional  licenses  authorized  is
insufficient to permit such  allocation,  then  the  distribution  among
those  licensees  entitled to the smallest number of additional licenses
shall be made so that priority shall be given to  those  who  have  been
uninterruptedly licensed for the longest period. New applicants for such
additional  licenses shall be considered only when the present licensees
refuse to accept their allocation of licenses  in  the  manner  provided
above.  The  distribution  of such additional licenses to new applicants
shall be in the order of their filing, provided however  that  each  new
applicant shall not be entitled to more than one such additional license

until  each  new applicant who has filed at the time of distribution and
who is otherwise eligible has received one license.

Section 20-375

Section 20-375

  §  20-375  License  plate.  Upon  the  payment  of the license fee the
commissioner shall issue a license to the owner of the  sightseeing  bus
or  horse drawn cab together with a license plate to be securely affixed
to a conspicuous and indispensable  part  of  such  sightseeing  bus  or
securely  and conspicuously affixed to the rear axle of such horse drawn
cab, on which shall be clearly set forth  the  license  number  of  such
sightseeing  bus  or  horse  drawn  cab. The license plate issued to the
licensee may, in the discretion of the commissioner, be  a  plate  of  a
permanent   nature   with  a  replaceable  date  tag  attached  thereto,
indicating the expiration date of the plate during each license year and
the issuance of such a plate with such date tag to a  person  possessing
such  a plate, shall be deemed issuance of a license plate. Such license
plate and the replaceable date tag to be issued from year to year to  be
attached  thereto, shall be of such material, form, design and dimension
and set forth such distinguishing number or other  identification  marks
as  the  commissioner  shall prescribe. The commissioner upon renewal of
the license hereunder, may continue the use of the license plate for  as
many  additional license years as he or she in his or her discretion may
determine, in which event he or she  shall  issue  and  deliver  to  the
licensee  a  replaceable date tag as evidence of renewal of the license,
which shall be attached or affixed in such  manner  as  he  or  she  may
prescribe  by  rule.  The failure to affix or display such date tag in a
manner prescribed by the commissioner shall constitute  a  violation  of
this section. In the event of the loss, mutilation or destruction of any
license  plate  or  date  tag  issued hereunder, the owner may file such
statement and proof of facts as the commissioner shall require,  with  a
fee  of twenty-five dollars, at the department, and the department shall
issue a duplicate or substitute license plate or date tag.

Section 20-376

Section 20-376

  §  20-376  Inspection  of  sight-seeing  buses.  a. A vehicle shall be
licensed as a sight-seeing bus only after it shall  have  been  examined
and  inspected to determine that it complies with this section, and that
it also (1) complies with  all  the  requirements  of  the  vehicle  and
traffic  law  of  the  state  of  New  York, and (2) is certified by the
department of transportation of the state, as being  safe  and  properly
equipped to operate.
  b.  (1)  On  and after the effective date of the local law which added
this amendment, the commissioner shall  not  issue  a  sight-seeing  bus
license  to  any  vehicle  that  when  originally  manufactured  was not
equipped with an engine covered by a certificate of conformity unless an
engine covered by  a  certificate  of  conformity  for  the  model  year
applicable  to  the date on which a sight-seeing bus license application
for such bus is submitted to the commissioner,  has  been  installed  in
such vehicle.
  (2)  The  commissioner shall not renew the license of any sight-seeing
bus that was licensed as of the date of the introduction  of  the  local
law  which  added  this amendment and that when originally manufactured,
was not equipped with an engine covered by a certificate  of  conformity
unless an engine covered by a certificate of conformity for a model year
no earlier than the model year applicable to the date on which the local
law  which  added  this  amendment was introduced, has been installed in
such bus.
  (3) The commissioner shall not renew the license of  any  sight-seeing
bus  that  was  first  issued a sight-seeing bus license on or after the
date of introduction of the local law  that  added  this  amendment  and
before  the  effective  date  of  such  law  and  that,  when originally
manufactured, was not equipped with an engine covered by  a  certificate
of  conformity,  unless an engine covered by a certificate of conformity
for a model year no earlier than the model year applicable to  the  date
on which the first sight-seeing bus license renewal application for such
bus is submitted to the commissioner, has been installed in such bus.
  c. The commissioner shall refuse a license to any sight-seeing bus not
in   compliance  with  the  requirements  of  this  section,  any  rules
promulgated thereunder  or  with  any  other  laws  or  rules  governing
sight-seeing  buses,  or  which  is  otherwise  found  to  be  unfit for
operation. Grounds for refusal to issue a license shall include, but not
be limited to, installation  of  an  engine  which  does  not  meet  the
requirements  of  subdivision b of this section, failure to submit a bus
or records pertaining to the operation and maintenance of such  bus  for
inspection,  installation  of  an engine not covered by a certificate of
conformity in a vehicle which was originally manufactured with  such  an
engine,  installation  of an engine of any model year preceding the year
of manufacture in a vehicle which was originally  manufactured  with  an
engine  covered  by  a certificate of conformity and being found to have
violated the requirements for  diesel  fuel-powered  sight-seeing  buses
contained in section 24-163.6 of the administrative code.
  d.  The  commissioner  may adopt rules (1) requiring the inspection by
the department of sight-seeing buses and/or records  pertaining  to  the
operation and maintenance of such buses to determine compliance with the
requirements  of  subdivision  b of this section and section 24-163.6 of
the  administrative  code;  (2)  delegating  the  performance  of   such
inspections  to  the  department  of  environmental  protection; and (3)
authorizing the acceptance of the results of inspections consistent with
paragraph one of this subdivision conducted by a state or federal agency
authorized to conduct such inspections on such buses.

Section 20-376.1

Section 20-376.1

  Section 20-376.1 Sound reproduction on open-air sight-seeing buses. a.
Definitions. For purposes of this section the following terms shall have
the following meanings:
  (1)  "Fleet"  shall mean the total number of sight-seeing bus licenses
issued to open-air sight-seeing buses that are held  by  one  person.  A
person  shall  be  considered  to  hold all sight-seeing bus licenses in
which: (i) such holder has a direct or indirect beneficial interest;  or
(ii)  a family member of such holder has a direct or indirect beneficial
interest.
  (2) "Headphone-limited sound reproduction system" shall mean  a  sound
reproduction  system  that  transmits an audio signal, including but not
limited to the amplified voice of any guide on an open-air  sight-seeing
bus, so that the audio signal is audible through personal headphones and
is not otherwise audible.
  (3)  "Open-air  sight-seeing  bus"  shall  mean  a  sight-seeing  bus,
licensed to operate in New York City, that has seating that is partially
or entirely unenclosed.
  b. The commissioner shall not issue a  new  license  to  any  open-air
sight-seeing  bus  that  is  not equipped with a headphone-limited sound
reproduction system. For purposes of this section, a new license is  any
license issued to a sight-seeing bus that is not a renewal.
  c.   Open-air   sighting-seeing   buses   shall  be  equipped  with  a
headphone-limited sound reproduction systems according to the  following
schedule:
  (1) By July 1, 2011 no less than ten percent of each fleet;
  (2) By July 1, 2012 no less than forty percent of each fleet;
  (3) By July 1, 2013 no less than sixty percent of each fleet;
  (4) By July 1, 2014 no less than eighty percent of each fleet;
  (5)  By  July  1,  2015,  every  open-air  sight-seeing  bus  in  each
licensee's fleet  shall  be  equipped  with  a  headphone-limited  sound
reproduction system.
  d.  The department shall verify by inspection that the required number
of open-air sight-seeing buses has been equipped with  headphone-limited
sound reproduction systems, in compliance with the schedule as set forth
in  paragraph  c of this section. The sight-seeing bus license holder of
each fleet required to comply with this section shall  provide  annually
to  the  department  a list of buses that are equipped with the required
sound  equipment,  in  accordance  with   rules   promulgated   by   the
commissioner.
  e.  Any  sight-seeing bus license holder shall be subject to a fine of
not less than $200  nor  more  than  $750  per  day  for  each  open-air
sight-seeing  bus  that  is  required  to  be equipped with a headphone-
limited sound reproduction system in  order  for  the  fleet  to  be  in
compliance  with  the applicable percentages set forth in paragraph c of
this section and that is not so equipped. Additionally, the commissioner
shall suspend the licenses of as many open-air sight-seeing buses as the
number  of  such  buses  that  are  required  to  be  equipped  with   a
headphone-limited  sound reproduction system as set forth in paragraph c
of this section but that are not so equipped. Such  suspension(s)  shall
continue until such time as compliance with paragraph c is complete.
  f.  Beginning  on  April  1, 2016 the Commissioner shall not renew the
license of any open-air sight-seeing bus that is  not  equipped  with  a
headphone-limited sound reproduction system and shall revoke the license
of   any   open-air  sight-seeing  bus  that  is  not  equipped  with  a
headphone-limited sound reproduction system.
  g. The commissioner shall promulgate such rules as  are  necessary  to
carry out the provisions of this section.

Section 20-377

Section 20-377

  § 20-377 Inspection of horse-drawn cab. A vehicle shall be licensed as
a  horse-drawn cab only after it shall have been examined and inspected.
The commissioner shall refuse  a  license  to,  or  if  already  issued,
suspend  the  license  of  any  horse-drawn  cab  found  to be unfit for
operation.

Section 20-377.1

Section 20-377.1

  §  20-377.1  Insurance. a. As a condition of the issuance of a license
to operate a horse drawn cab, each applicant shall  furnish  proof  that
such  horse drawn cab is insured under a liability insurance policy with
respect to such horse drawn cab for personal injury  or  death  and  for
injury  to  or  destruction of property of one or more persons resulting
from any one accident of not less than  the  minimum  dollar  amount  of
liability  insurance  coverage required by vehicle and traffic law to be
maintained by owners of vehicles engaged in the business of carrying  or
transporting passengers for hire.
  b.  The  licensee  shall  notify the commissioner of any modification,
amendment, cancellation or substitution of any insurance policy required
under subdivision a of this section within ten days  of  notice  to  the
licensee of such modification, amendment, cancellation or substitution.

Section 20-378

Section 20-378

  §  20-378  Periodic inspection. The license department shall cause all
sight-seeing buses and horse-drawn cabs now, or hereafter  licensed,  to
be  inspected  at  least  once  every  four  months.  The  date  of such
inspection and the signature of the person making the  inspection  shall
be recorded upon the inspection card in the spaces provided therefor.

Section 20-379

Section 20-379

  §  20-379 Form of inspection card. The commissioner shall prescribe an
appropriate  form  of  inspection  card  for  sight-seeing   buses   and
horse-drawn  cabs and the manner in which such card and the sight-seeing
bus driver's and horse-drawn cab driver's identification cards shall  be
displayed.

Section 20-380.

Section 20-380.

  §20-380.  Rates  of  horse  drawn  cabs.  The amount to be charged and
collected for the use of a horse drawn cab by  one  or  more  passengers
shall  be  the total of the following items: fifty dollars for the first
twenty  minutes  or  fraction  thereof  and  twenty  dollars  for   each
additional  ten  minutes  thereafter.  Such  rates  shall be indexed for
inflation based on the Consumer Price Index every three years.

Section 20-381

Section 20-381

  § 20-381 Horse drawn cab driver's license. a. It shall be unlawful for
any person to operate a horse drawn cab within the city without having a
valid horse drawn cab driver's license from the commissioner.
  b.  The  biennial  fee  for each such horse drawn cab driver's license
shall be thirty dollars.
  c. The commissioner shall investigate each applicant as  to  character
and fitness before such license shall be issued.
  d.  A  horse drawn cab driver's license shall not be issued or renewed
unless the applicant  therefor  has  submitted  to  the  commissioner  a
certificate  issued  by  the  commissioner of health pursuant to section
17-334.1 of the code.
  e. It shall be unlawful for any owner of a horse drawn cab  to  permit
such  horse  drawn cab to be operated by a person who does not possess a
current valid driver's license issued pursuant to this section.  In  any
prosecution of an owner for a violation of this section, it shall not be
necessary  to  prove  that  the owner knew or should have known that the
driver was unlicensed, and there shall be a rebuttable presumption  that
such cab was operated with the permission of the owner.
  f.  An  applicant  who  has  not  previously held a license under this
section shall be issued a probationary license upon approval of  his  or
her application. A holder of a probationary license may ride alongside a
licensed  driver at any time. A probationary license shall be valid from
the date of issuance until six months after the date of issuance and may
be revoked for any violation of the rules and regulations pertaining  to
rental horses and horse drawn cabs. Until he or she accrues eighty hours
time  spent  operating  a  horse  drawn  cab, a holder of a probationary
license shall only be permitted to operate a horse drawn cab at  staging
areas  immediately  adjacent  to  Central  Park and on roadways or paths
wholly within a New York City park.  Following  the  accrual  of  eighty
hours  of  time  spent  operating  a  horse  drawn  cab,  a  holder of a
probationary license shall be permitted to operate a horse drawn cab  to
or  from  a  stable  at  any time. For the purposes of this subsection a
person shall be considered to be operating a horse drawn cab  if  he  or
she  is  holding  the reins of a horse attached to a horse drawn cab and
directing such horse's movements while the cab  is  in  motion.  At  the
conclusion  of  six  months, if the probationary licensee has accrued no
violations under subchapter 3  of  title  17  or  this  subchapter,  the
licensee  shall  be  issued a horse drawn cab driver's license under the
terms of this subchapter.

Section 20-381.1

Section 20-381.1

  §  20-381.1 Area and time restrictions on the operation of horse drawn
cabs.  a. 1. It shall be unlawful for a driver of a horse drawn  cab  to
operate  such  cab  at  any  time  when  and  where  such  operation  is
prohibited.
  2. In addition to the time restrictions  on  the  operation  of  horse
drawn  cabs as set forth in this section, no horse drawn cab may operate
on any street in New York between the hours of 3:00 a.m. and 7:00  a.m.,
seven days a week.
  b. (1) Horse drawn cabs shall not be driven or operated in the borough
of  Manhattan  between  the  hours of 7:00 a.m. and 10:00 a.m. on Monday
through Friday. Horse drawn cabs shall not be driven or operated in  the
borough  of  Manhattan  between the hours of 10:00 a.m. and 9:00 p.m. on
Monday through  Friday  except  for  that  area  inside  or  immediately
adjacent to Central Park.
  (2)  Between  the  hours of 9:00 p.m. and 11:30 p.m. on Monday through
Friday, between the hours of 12:30 p.m. and 11:30 p.m. on Saturday,  and
between the hours of 1:30 p.m. and 7:00 p.m. on Sunday, horse drawn cabs
shall not be driven or operated in the borough of Manhattan in the areas
bounded  by  and  including  the following streets: on the north by West
Fifty-Seventh Street, on the east by Seventh Avenue,  on  the  south  by
West  Forty-Second  Street  and  on the west by Ninth Avenue; and on the
north by West Sixty-Fifth Street, on the east by Columbus Avenue, on the
south by West Fifty-Seventh Street and on the west by Amsterdam Avenue.
  (3) On Saturday  between  the  hours  of  10:00  a.m.  and  8:00  p.m.
throughout  the  year  and on Sunday between the hours of 10:00 a.m. and
7:00 p.m.   during the  period  commencing  with  the  Sunday  preceding
Thanksgiving  until  the  sixth  day  of January immediately thereafter,
horse drawn cabs shall not be driven  or  operated  in  the  borough  of
Manhattan in the area bounded by and including the following streets: on
the  north by West Fifty-Seventh Street, on the east by Fifth Avenue, on
the south by West Forty-Second Street and on the west by Avenue  of  the
Americas.
  (4)  On  New  Year's  Day,  Thanksgiving  Day  and  Christmas Day, the
restrictions set  forth  in  paragraphs  one,  two  and  three  of  this
subdivision  shall  not  apply.  On  the aforementioned days between the
hours of 10:00 a.m. and 11:30 p.m., horse drawn cabs shall not be driven
or operated in the borough of Manhattan in  the  areas  bounded  by  and
including  the  following  streets:  on  the north by West Fifty-Seventh
Street, on the east by Seventh Avenue, on the south by West Forty-Second
Street and on the west by  Ninth  Avenue;  and  on  the  north  by  West
Sixty-Fifth Street, on the east by Columbus Avenue, on the south by West
Fifty-Seventh Street and on the west by Amsterdam Avenue.
  (5)  At  no time shall any horse drawn cab be driven or operated on or
in any bridge or tunnel within the city of New York.
  (6) At no time shall any horse drawn cab be driven or operated on  any
street below 34th Street in the borough of Manhattan.
  c.  The  prohibitions contained in this section shall not be construed
to apply to horse drawn cabs which are being driven, without passengers,
on a direct route to  or  from  the  location  at  which  the  horse  is
sheltered,  provided  that they are so driven no more than one-half hour
prior to the end of any time restriction  or  one-half  hour  after  the
beginning of any time restriction. The driver may be accompanied at such
times  only  by  the  owner  or  operator of a horse drawn cab, a stable
owner, the driver of  a  horse  drawn  cab  and  driver-trainee,  or  an
employee of an owner or operator of a horse drawn cab or stable owner.
  d.  Where  exigent  circumstances  exist and a police officer or other
authorized officer or employee of  the  department,  the  department  of
transportation,  or  the department of parks and recreation gives notice

to the driver of a horse drawn cab to refrain from operating such cab in
a specific location at a specific time, such driver  shall  not  operate
such   cab  at  such  location  at  such  time.  For  purposes  of  this
subdivision,  exigent  circumstances  shall  include,  but  shall not be
limited  to,  unusually  heavy  pedestrian  or  vehicular  traffic,  the
existence  of  any  obstructions  in  the  public  space at or near such
location, an accident, fire or other emergency situation, or  a  parade,
demonstration  or  other  similar  event  or  occurrence at or near such
location.
  e. This section shall be enforced by the department and the department
of transportation, with the cooperation of the department of  parks  and
recreation,  the  police department, the department of health and mental
hygiene and the American  Society  for  the  Prevention  of  Cruelty  to
Animals.
  f.  This  section  shall  not  be  construed  to permit the operation,
parking, stopping or standing of any horse drawn cab in any area at  any
time  where  or  when  such  operation, parking, stopping or standing is
prohibited by any other law or rule.

Section 20-381.2

Section 20-381.2

  §  20-381.2 Lighting and safety equipment for horse drawn cabs. a. The
commissioner shall promulgate rules requiring that  sufficient  lighting
and  reflective  materials  be  provided  on  horse drawn cabs including
sufficient lighting on the rear axle of all  horse  drawn  cabs  at  the
location where licenses are affixed. Such rules shall be enforced in the
same  manner as the enforcement of rules promulgated pursuant to section
20-384 of the code.
  b. Every horse drawn cab licensed pursuant to this subchapter  of  the
code must be equipped with an emergency brake system, unaffected by rain
or wet street conditions.

Section 20-382

Section 20-382

  §  20-382 Unlawful agreements by owners or horse drawn cab drivers. It
shall be unlawful for any owner or any horse drawn cab driver to have or
make any contract or agreement with any owner of  any  hotel,  apartment
house,  restaurant or cafe or with the agent or employee of such places,
by which such owner or such  horse  drawn  cab  driver  shall  agree  to
solicit  the  patronage  of  any passenger for any such hotel, apartment
house, restaurant or cafe.

Section 20-383

Section 20-383

  §  20-383 Suspensions and revocations. a. After notice and opportunity
to be heard, the commissioner may suspend or revoke any sight-seeing bus
license where the holder has failed to comply  with  any  provisions  of
this  subchapter  or  of  the  rules promulgated thereunder, or with any
other laws or rules governing sight-seeing buses, or which  sight-seeing
bus  is otherwise found to be unfit for operation. Such suspension shall
remain in effect until compliance and fitness have been  established  by
the  licensee  and accepted by the department. Grounds for suspension or
revocation shall include, but not be  limited  to,  installation  of  an
engine  which does not meet the requirements of subdivision b of section
20-376 of this subchapter, being found to have violated the requirements
for diesel fuel-powered sight-seeing buses contained in section 24-163.6
of the administrative code, failure to  submit  a  bus  for  inspection,
installation  of an engine not covered by a certificate of conformity in
a vehicle which was originally manufactured  with  such  an  engine  and
installation  of  an  engine  of  any  model  year preceding the year of
manufacture in a vehicle  which  was  originally  manufactured  with  an
engine covered by a certificate of conformity.
  b.  Any driver of a horse drawn cab found to have committed within any
twelve-month period, in the aggregate, at least three violations of this
subchapter shall have his or her license suspended by  the  commissioner
for  a  period  of  not  less  than  three  months. For purposes of this
subdivision, all violations written on any one day  shall  constitute  a
single violation.
  c.  Notwithstanding  the  provisions of subdivision b of this section,
any driver of a horse drawn cab  found  to  have  committed  within  any
twenty-four  month period, in the aggregate, at least five violations of
this  subchapter  shall  have  his  or  her  license  suspended  by  the
commissioner  for  six  months.  For  purposes  of this subdivision, all
violations written on any one day shall constitute a single violation.
  d. Notwithstanding the provisions of subdivisions  b  and  c  of  this
section,  any  driver of a horse drawn cab found guilty of one violation
of subdivision d of section 20-381.1  of  the  code  or  sections  three
hundred  fifty-one,  three hundred fifty-three, three hundred fifty-five
through three hundred sixty-two or three hundred sixty-nine of  the  New
York  state  agriculture  and  markets  law  or who is found guilty of a
violation of this subchapter while his  or  her  license  is  suspended,
shall  have  his or her license revoked. A driver whose license has been
revoked in accordance with this  provision  may  not  apply  for  a  new
license for five years from the date of revocation.

Section 20-384

Section 20-384

  §  20-384  Regulations.  The commissioner may make and promulgate such
rules and regulations and prescribe such forms as are necessary to carry
out the provisions of this subchapter.