Title 17: Health

Chapter 1: Department of Health and Mental Hygiene

§ 17-101 Definitions.

Whenever used in this title the following terms shall have the following meanings:

1. “Board” means the board of health.
2. “Commissioner” means the commissioner of the department of health and mental hygiene.
3. “Department” means the department of health and mental hygiene.

§ 17-102 Secretary; certification by chief clerk.

1. The secretary of the department, subject to the direction of the commissioner, shall keep and authenticate the acts, records, papers and proceedings of the department, preserve its books and papers, conduct its correspondence, and aid generally in accomplishing the purposes of the department.
2. Papers certified by the chief clerk of the department or by an assistant chief clerk shall be of the same effect as evidence and otherwise, as if certified by the secretary.

§ 17-103 Proofs and affidavits.

Proofs, affidavits and examinations as to any matter under the jurisdiction of the department may be taken by or before the board or other person as the commissioner or board shall authorize. The commissioner, the secretary and any member of the department, shall, severally have authority to administer oaths in such matters.

§ 17-104 Measures to prevent the spread of disease.

1. It shall be the duty of the department:

   1. To cause any avenue, street, alley or other passage whatever, to be fenced up or otherwise inclosed if it shall deem the public safety requires it, and to adopt suitable measures for preventing all persons from going to any part of the city so inclosed;

   2. To forbid all communication with the house or family infected with any communicable disease except by means of physicians, nurses or messengers to carry the necessary advice, medicines and provisions to the afflicted;

   3. To adopt such means for preventing all communication between any part of the city infected with a disease of communicable character and all other parts of the city, as shall be prompt and effectual.

2. Failure to comply with the provisions adopted by the department pursuant to this section shall constitute a misdemeanor, punishable by a fine of not exceeding two hundred fifty dollars, or imprisonment not exceeding six months, or both.

§ 17-105 Commercial paper during epidemic; duties of city clerk.

1. Whenever the board of health, by public notice, shall designate any portion or district of the city as being the seat of any infectious or contagious disease, and declare communication with such portion or district to be dangerous, or shall prohibit such communication, the city clerk, during the continuance of such disease in such district, shall provide and keep in his or her office a book for the purpose of registering in alphabetical order, the names, firms and places of business of any inhabitant of the city who shall request such registry to be made.
2. All persons and firms usually resident or doing business within such infected district shall register, in the books so provided, their names or firms, with the place or places out of such infected district, but within the city to which they may have removed the transaction of their business, or to which they may desire any notices to be sent or served, or any notes, drafts, or bills to be presented for acceptance or for payment. Twenty-five cents may be claimed and received by the city clerk for every such registry; but the book in which the same shall be entered shall be open to public examination free of all charges at all times during office hours.
3. During the continuance of any such disease in such infected district, all drafts, notes and bills, which by law are required to be presented for acceptance or for payment, may be presented for such purpose at the place so designated in such registry, and all notices of nonacceptance and non-payment of any note, draft or bill, or of protest for such non-acceptance or non-payment, may be served by leaving the same at the place so designated.
4. In case any person or firm usually resident or doing business within such infected district shall neglect to make and cause to be entered in the book so provided, the registry herein required, all notes, drafts or bills which by law are required to be presented to such person or firm for acceptance or for payment, may be presented to the city clerk during the continuance of such disease, at any time during office hours, and demand of acceptance or payment thereof may be made of such city clerk, to the same purpose and with the same effect as if the same had been presented and acceptance or payment demanded of such person or firm at their usual place of doing business.
5. In case of omission to make the registry herein required, all notices of the non-acceptance or non-payment of any note, draft, or bill, or of protest for such non-acceptance or non-payment, may be served on any person or firm usually resident or doing business within such infected district, by leaving the same at one of the post-offices in the city. Such service shall be as valid and effectual as if the notices had been served personally on such person or one of such firm at his, her or their usual place of doing business.
6. Whenever proclamation shall be made by the board of health, that an infectious or contagious disease in any infected district has subsided, it shall be deemed to have subsided for all purposes contemplated in this section.

§ 17-106 Inspection of sick; reports.

Any officer or employee of the department may visit any person who shall be reported to the department as being apparently or presumably sick of any communicable disease and report his or her opinion of such sickness to it in writing.

§ 17-107 Inspection of vessels; removal; violation of orders, punishment for.

1. An officer or employee of the department shall visit and inspect all vessels coming to the wharves, landing places, or shores of the city, or within three hundred yards thereof, which are suspected of having on board any communicable disease, or of being likely to communicate such disease to the inhabitants of the city. Such officer or employee shall report in writing, stating the vessel so inspected and the nature, state, and situation thereof, and his or her opinion as to the probability of disease being communicated by or from the same, and shall file such report in the main office of the department.
2. If the department deem it probable that any such disease may be brought into the city or communicated to the inhabitants thereof, it may by order direct any vessel lying at a place within three hundred yards of any wharf, landing place or shore of the city to be removed at least three hundred yards therefrom within six hours after a copy of such order, certified by the secretary of the department, shall be delivered to the person or persons having command of such vessel, or to the master, owner or consignee thereof. Every person to whom such copy of such order shall be delivered shall forthwith comply with the same.
3. Failure to comply with the provisions of this section shall constitute a misdemeanor, punishable by a fine of not exceeding two hundred fifty dollars, or imprisonment not exceeding six months, or both.

§ 17-108 Infected places outside the city; proclamation.

1. The board may issue a proclamation declaring any place where there shall be reason to believe a communicable disease actually exists, to be an infected place within the meaning of the health laws of this state. Such proclamation shall fix the time when it shall cease to have effect but such period, from time to time, may be extended by the board if it shall judge the public health to require such extension. Notice of an extension shall be published in one or more newspapers of the city.
2. After such proclamation shall have been issued, all vessels arriving in the port of New York from such infected place shall be subject to a quarantine of at least thirty days or until the termination of the proclamation period, and together with their officers, crews, passengers and cargoes, shall be subject to all the provisions, regulations and penalties in relation to vessels subject to quarantine.
3. The board may prohibit or regulate the internal intercourse by land or water between the city and the infected place; and may direct that all persons who come into the city contrary to its prohibition or regulations shall be apprehended and conveyed to the vessel or places from where they last came, or if sick, to such place as the board shall direct.
4. Failure to comply with the provisions of this section shall constitute a misdemeanor, punishable by a fine of not exceeding two hundred fifty dollars, or imprisonment not exceeding six months, or both.

§ 17-109 Vaccinations.

1. The department is empowered to collect and preserve pure vaccine lymph or virus, produce diphtheria antitoxin and other vaccines and antitoxins, and add necessary additional provisions to the health code in order to most effectively prevent the spread of communicable diseases.
2. The department may take measures, and supply agents and offer inducements and facilities for general and gratuitous vaccination, disinfection, and for the use of diphtheria antitoxin and other vaccines and antitoxins.

§ 17-110 Sale and exchange of lymph and antitoxin.

1. The department may authorize the sale at reasonable rates to be fixed by it, of surplus vaccine lymph, virus, diphtheria antitoxin and other vaccines and antitoxins, when the amount collected shall exceed the amount required by it in the proper performance of its duties. The avails of such sales shall be credited by the department to the general fund of the city of New York and included in its semi-monthly transmission of revenue collections to the commissioner of finance of the city of New York.
2. The bureau of laboratories of the department may also exchange, upon authority and approval of the commissioner, and upon the written approval of the mayor, a portion of its laboratory products for other and different laboratory products, manufactured by the laboratories of the United States government and of other cities and laboratories, which the department may need for the prevention of the spread of disease.

§ 17-111 Appropriation for prevention of communicable diseases.

The city shall appropriate funds for the use of the department, for the prevention of dangers from communicable diseases found to exist in any part of the city, or for the care of persons exposed to danger from communicable diseases.

§ 17-112 Publication of reports and statistics.

The department, to promote the public good and public service, may establish reasonable regulations as to the publicity of any of its papers, files, reports, records and proceedings; and may publish such information as, in its opinion, may be useful, concerning births, deaths, marriages, sickness and the general sanitary conditions of the city, or any matter, place or thing therein.

§ 17-113 Repairs of buildings; removal of obstructions; regulation of public markets.

1. The powers of the department shall include the ordering and enforcing in the same manner as other orders are provided to be enforced, the repairs of buildings, houses and other structures; the regulation and control of all public markets in relation to the cleanliness, ventilation and drainage thereof and the prevention of sale or offering for sale of improper articles; the removal of any obstruction, matter or thing in or upon the public streets, sidewalks or places, which, in the opinion of the department, may lead to conditions dangerous to life or health; the prevention of accidents by which life or health may be endangered; and generally the abatement of all nuisances.
2. The department shall possess full power with reference to the ventilation, drainage and cleanliness, of the stands or stalls in or around all markets.

§ 17-114 Nuisances; abatement without suit.

The department shall have within the city all common law rights to abate any nuisance without suit, which can or does in this state belong to any person.

§ 17-115 Right of inspection.

It is hereby made the duty of all departments, officers, and agents, having the control, charge or custody of any public structure, work, ground, or erection, or of any plan, description, outline, drawing or charts thereof, or relating thereto, made, kept or controlled under any public authority, to permit and facilitate the examination and inspection, and the making of copies of the same by any officer or person, authorized to do so by the department of health and mental hygiene.

§ 17-116 Medical examiners’ returns.

The department, from time to time may make rules and regulations fixing the time of rendering, and defining the form of returns and reports to be made to it by the chief medical examiner, in all cases of death which shall be investigated by him or her. The chief medical examiner shall conform to such rules and regulations.

§ 17-117 Removal of bodies.

1. It shall be the duty of the department upon receiving a certificate of death, made in accordance with its rules, to grant a permit for the removal from the city, of the body of the person described in such certificate if such body has not been buried.
2. It may grant a permit for the removal of the remains of any person interred within the city to a place without the city, on the application of a relative or friend of such person, when there shall appear to be no just objection to the same.

§ 17-118 Putrid cargoes, et cetera, may be destroyed.

The department, when it shall judge it necessary, may cause any cargo or part thereof, or any matter or thing within the city, that may be putrid or otherwise dangerous to the public health, to be destroyed or removed. Such removal, when ordered, shall be to such place as the department shall direct; such removal or destruction shall be made at the expense of the owner or owners of the property so removed or destroyed. Money expended for the same may be recovered from such owner or owners, in an action at law by the department.

§ 17-119 Drainage; orders therefor; maps.

1. Whenever in its opinion the protection of the public health requires the drainage of any lands in the city, by means other than sewers, the department may make an order describing the location of such lands, and directing the proper drainage thereof, and construction of drains therefor, by the commissioner of design and construction.
2. The department after making such order, shall cause a map to be made on which shall be shown the location of such proposed drains and the lands required for the construction thereof.
3. The order shall be entered at length in the records of the department and a copy thereof shall be delivered to the commissioner of design and construction.
4. The map shall be filed in the department. A copy thereof shall be filed in the office of the register or county clerk of the county in which the lands are situated; another copy thereof shall be filed with the borough president of the borough in which the lands are situated; another copy with the copy of the order shall be filed with the commissioner of design and construction, who shall immediately thereafter have the power, and is hereby directed to make and adopt proper and suitable plans for the construction of such drains.

§ 17-120 Orders for paving, et cetera, yards and cellars; notice.

An order for the paving, filling, concreting, draining or regulating of any yards or cellars within the city shall be made by the department only upon reasonable notice to the owner or agent thereof.

§ 17-121 Care and treatment of physically handicapped children.

1. As used in this section, the following terms shall mean or include:

   1. “Physically handicapped child.” A person under twenty-one years of age who, by reason of a physical defect or infirmity, whether congenital or acquired by accident, injury or disease, is or may be expected to be totally or partially incapacitated for education or for remunerative occupation.

   2. “Legally responsible relatives.” The parent or parents of a physically handicapped child or any other person or persons liable under the law for the support of such child.

   3. “Legal custodian.” The parent or parents of a physically handicapped child having lawful custody of such child, or any other person or persons having lawful custody of such child.

2. Whenever the commissioner shall find, after investigation, that any physically handicapped child is in need of surgical, medical or therapeutic treatment or hospital care or appliances or devices, the commissioner, upon the request or with the consent of the legal custodian of such child, may order such surgical, medical or therapeutic treatment, hospital care or appliances or devices, and after investigation as provided in subdivision c hereof, may order the legally responsible relatives to pay the cost thereof.
3. The commissioner shall investigate the financial responsibility of the legally responsible relatives of such physically handicapped child. If the commissioner shall find, after such investigation, that the legally responsible relatives of such child are able to pay the whole or any part of the cost of such treatment, care or appliances and devices, and if such legally responsible relatives shall fail or refuse to comply with an order of the commissioner requiring them to pay the whole or any part of such cost, he or she may institute a proceeding in the family court of the state of New York within the city of New York, pursuant to the provisions of sections two hundred thirty-two through two hundred thirty-five of the family court act. Such a proceeding may likewise be instituted in the absence of an order requiring payment, where ability to pay is found.

§ 17-122 Judicial notice of seal and presumptions.

All courts shall take judicial notice of the seal of the department and of the signature of its secretary, chief clerk and assistant chief clerks.

§ 17-123 Window guards; notification to tenants.

1. All leases offered to tenants in multiple dwellings must contain a notice, conspicuously set forth therein, which advises tenants of the obligation of the owner, lessee, agent or other person who manages or controls a multiple dwelling to install window guards, and where further information regarding the procurement of such window guards is available.
2. The owner, lessee, agent or other person who manages or controls a multiple dwelling must cause to be delivered to each residential unit a notice advising occupants of the obligation of such owner, lessee, agent or other person who manages or controls a multiple dwelling to install window guards and where further information regarding the procurement of such window guards is available. Such notice must be provided on an annual basis in a form and manner approved by the department.
3. The department of health and mental hygiene shall promulgate such regulations as it deems necessary to comply with the provisions of this section, with respect to the annual notice to tenants, and the notice requirement in all multiple dwelling leases.
4. Any person who violates the provisions of this section, or the regulations promulgated hereunder, shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars or imprisonment for up to six months or both. In addition, any violation of this section shall constitute a civil violation subject to a penalty of not more than five hundred dollars per violation.* A civil violation under this section shall be adjudicated before the administrative tribunal of the department.

§ 17-124 Aliens.

The commissioner may send to such place as he or she may direct, all aliens and other persons in the city, not residents thereof, who shall be sick of any communicable disease. The expense of the support of such aliens or other persons shall be defrayed by the city, unless such aliens or other persons shall be entitled to support from the commissioner of immigration and naturalization of the United States.

§ 17-125 Community air quality surveys and annual report.

1. For the purposes of this section, “pollutants” means particulate matter that is less than 2.5 micrometers in diameter, nitrogen dioxide, nitric oxide, sulfur dioxide and ground-level ozone.
2. The department shall conduct a community air quality survey on an annual basis. Such survey shall:

   1. Measure pollutants at street-level at monitoring sites across the city of New York over every season of the year, selected to ensure that the number of monitoring sites provides adequate information to assess the range of common emissions sources and neighborhood pollutant concentrations across the city, as determined by the department. At the discretion of the department, data on ozone may be measured in the summer months only and data on sulfur dioxide may be measured in the winter months only;

   2. Determine whether and how concentrations of pollutants near monitor sites vary across the city and the relationship, if any, of such concentrations to local traffic, building emissions and other factors;

   3. Identify the major local sources of pollutants that contribute to local variation in the concentrations thereof;

   4. Identify patterns of pollutants by geographic area, by source, and by season or time of year;

   5. Produce maps indicating the varying concentration levels of pollutants across neighborhoods and by pollutant;

   6. Write an annual report summarizing the results of the activities described in paragraphs one through five of this subdivision;

   7. Include in such report the findings of any completed or ongoing health surveillance or research studies using community air quality survey data to estimate population exposure to pollutants; and

   8. Describe in the report the scientific methodology used to select monitor locations for measuring pollutants and for studying variations in pollutant concentrations.

3. Beginning April 22, 2016, and on or before April 22 annually thereafter, the department shall submit to the speaker of the council a report with the results of the annual community air quality survey for the most recently available year’s analysis. The department shall post a copy of such annual report on the department’s website. The data included in such posted report shall be in a machine-readable format.

§ 17-127 Oxygen in courthouses.

There shall be placed at least two resuscitation devices in every courthouse in the city which shall be maintained in a conventionally available and safe place. The commissioner of citywide administrative services shall promulgate such rules and regulations as may be necessary for the training of department of citywide administrative services personnel in the operation and use of same and at the end of their course they shall receive a certification from the department.

§ 17-128 The department as party.

The department may institute and maintain all suits and proceedings which are reasonable, necessary and proper, to carry out the provisions of the laws under which it acts.

§ 17-129 Proceedings presumed legal; presumptions.

1. The actions, proceedings, authority, and orders of the department shall at all times be regarded as in their nature judicial, and be treated as prima facie just and legal.
2. In any action or proceeding the right of such department or police department to make any order or cause the execution thereof, shall be presumed.
3. All meetings of the board shall in every action and proceeding be taken to have been duly called and regularly held, and all orders and proceedings to have been duly authorized, unless the contrary be proved.

§ 17-130 Copies of records; authentication.

Copies of the records of the proceedings of the department or board, of the rules, regulations, by-laws and books and papers, constituting part of their archives and at any time in force in the city, when authenticated by the secretary or secretary pro tempore of the department, shall be presumptive evidence of the facts, statements and recitals therein contained, and the authentication taken as presumptively correct, in any court of justice or judicial proceeding, when they may be relevant to the point or matter in controversy.

§ 17-131 Order for examination before justice of supreme court.

1. Any justice of the supreme court of the first or second department, or who is holding court or chambers therein, upon the written application of the commissioner, may issue his or her order by him or her subscribed, for the examination without unreasonable delay by or before such justice of any person or persons, and the production of books or papers or the inspection and taking of copies of the whole or parts thereof, at a time and place within the city, and in such order to be named, provided it shall appear to the satisfaction of such justice or court that any matter or point affecting life or health is involved. It shall be the duty of such justice to take or superintend such examination, which shall be under oath, and shall be signed by the party or parties examined and be certified by the justice, and with any copies of books or papers, to be delivered to the department for the use of the department.
2. Such examination, and any proceeding connected therewith, or under such order, may wholly or in part be had, conducted or continued by or before any other of such justices, as well as that one who made the order; and in and about the same, every such justice shall have as full power and authority to punish for contempt, and enforce obedience to such or other order or direction or that of any other judge respecting the matter as any such justice of the supreme court may now have, or shall possess, to enforce obedience or punish contempt in any case or matter whatsoever. Such application shall name or describe the person or persons whose examination is sought, and so far as possible the books or papers desired to be inspected, and the matter or points affecting life or health as to which the commissioner requests the examination to take place, and the justice shall on the proceedings, decide what questions are pertinent and allowable in respect thereto, and shall require the same to be properly answered; but no answer of any person so examined shall be used in any criminal proceeding. Service of any order of any such justice may be made, and the same proved in the same manner as the service of either an injunction or a subpoena. And it shall be the duty of the justice to facilitate the early determination of the proceedings.

§ 17-132 Appearance and examination of witnesses.

Upon the application of any party in interest in any matter pending examination before the department, by affidavit, stating the grounds of such application, to any judge of a court of record, and asking that any person or persons therein named shall appear before the department, or any person taking or about to take such examination, at some time or times and place to be stated in the affidavit, it shall be the duty of such judge, if he or she shall discover reasonable cause so to do, to issue his or her order requiring such person or persons named to appear and submit to such examination as, and to the extent such order may state, at the time and place to be in the order named; and the order, signed by such judge, may be served, and shall in all respects be obeyed as a subpoena duly issued. A refusal to submit to the proper examination may be punished by such judge or by any judge of such court as a contempt of court, upon the facts as to such refusal being brought before any such judge by affidavit.

§ 17-133 Penalties.

Every person, corporation, or body that shall violate or not conform to any provisions of the health code of the city of New York, or any rule or sanitary regulation duly made, shall be liable to pay a penalty not exceeding the maximum amount allowed by the health code of the city of New York, or any other applicable law, rule or regulation. The judge, justice, administrative law judge or hearing examiner who presided at a trial or hearing where such penalty is determined and assessed shall fix, in writing, the amount of the penalty to be recovered, and shall direct that such amount be included in the judgment or decision.

§ 17-133.1 Failure to abate rodents; penalties.

Every person, corporation, or body that shall violate or not conform to any provisions of the health code of the city of New York or any applicable law, rule or regulation pertaining to the eradication of rodents, the elimination of rodent harborages or other rodent related nuisances shall be liable to pay a civil penalty of not less than three hundred dollars for the first violation. The penalty for each subsequent violation of the same provision of law, rule or regulation, at the same premises and under the same ownership or control, within a two-year period, shall be double the amount of the previous violation; provided, however, that such penalty shall not exceed the maximum allowable penalty set forth in section 17-133 of this code. Such penalties may be sued for and recovered by and in the name of the department, with costs, before any judge, justice, administrative law judge or hearing examiner in the city having jurisdiction of such or similar actions. The judge, justice, administrative law judge or hearing examiner who presided at a trial or hearing where such penalty is determined and assessed shall fix, in writing, the amount of the penalty to be recovered, and shall direct that such amount be included in the judgment or decision.

§ 17-134 Joinder of defendants.

Any suit instituted by the department for the recovery of a penalty may be against one or more of those who participate in the acts, refusals or omissions complained of, and the recovery may be against one or more of those joined in the action as the justice of the court shall direct.

§ 17-135 Court fees not to be charged.

The department shall not be subject to the payment of any fees to any court, magistrate or clerk for the issuance of any paper or process or for the performance of any duty in suits brought for the recovery of a penalty.

§ 17-136 Costs.

1. If the department, in an action for a penalty, recover judgment in any amount, costs of the court in which the action is brought shall also be recovered without reference to the amount of the recovery, provided payment was demanded before suit brought, and the defendant or defendants against whom recovery is had, did not, as article thirty-two of the civil practice law and rules authorizes, offer to pay an amount equal to the recovery against him or them, except that where the recovery shall be less than fifty dollars, the amount of costs shall be ten dollars.
2. The department shall not be subject to the payment of costs unless the judge or justice, at the conclusion of the trial, shall certify in writing that there was not reasonable cause for bringing the action. In such case the costs shall not exceed ten dollars, unless the amount claimed exceeded fifty dollars.

§ 17-137 Jurisdiction; title to real estate.

If the defendant is sought by the pleadings to be charged in an action for the recovery of a penalty on any grounds other than by virtue of ownership of real estate, no court shall lose jurisdiction by reason of the plea that title to such real estate is involved.

§ 17-138 Officers to be peace officers.

Every officer and inspector of the department is hereby declared to be a peace officer, pursuant to section 2.10 of the criminal procedure law, and is hereby authorized and empowered, subject to the regulations of the department, to proceed in the same manner and with like force and effect as a police officer in respect to procuring, countersigning and serving the summons referred to therein.

§ 17-139 Injunctions against department; undertakings.

1. A preliminary injunction shall be granted against the department or its officers, only by the supreme court at a special term thereof after service of at least five days notice of a motion for such injunction, together with copies of the papers on which the motion for such injunction is to be made.
2. Whenever the department shall seek any provisional remedy or prosecute any appeal, it shall be unnecessary to give any undertaking before obtaining or prosecuting the same.

§ 17-140 Officers and judges to act promptly.

It shall be the duty of all prosecuting officers of criminal courts, and judges of the New York city criminal court to act promptly upon all complaints, and in all suits or proceedings for a violation of any health law, and in all proceedings approved or promoted by the department, and to bring the same to a speedy hearing and termination and to render judgment and direct execution therein without delay.

§ 17-141 Service of orders.

1. Service of any order of the department or board shall be deemed sufficient if made:

   1. Upon a principal person interested in the business, property, matter or thing, or the nuisance or abuse to which such order relates; or

   2. Upon a principal officer charged with a duty in relation thereto; or

   3. Upon a person, officer or deparment, or an officer or employee of such a department, who may be most interested in or affected by its execution.

2. If such order relate to any building or the drainage, sewerage, cleaning, purification or ventilation thereof, or of any lot or ground on or in which such building stands, used for or intended to be rented as the residence or lodging place of several persons or as a multiple dwelling, service of such order on the agent of any person or persons for the renting or for the collecting of rent thereof, or of the parts thereof to which such order may relate, shall be of the same effect and validity as due service made upon the principal of such agent or upon the owners, lessees, tenants or occupants of such buildings, or parts thereof, or of the subject matter to which such order relates.

§ 17-142 Definition of nuisance.

The word “nuisance”, shall be held to embrace public nuisance, as known at common law or in equity jurisprudence; whatever is dangerous to human life or detrimental to health; whatever building or erection, or part or cellar thereof, is overcrowded with occupants, or is not provided with adequate ingress and egress to and from the same or the apartments thereof, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink, unwholesome. All such nuisances are hereby declared illegal.

§ 17-143 Nuisances; punishment.

A wilful omission or refusal of any individual, corporation or body to forthwith abate any nuisance, as ordered by the department or board, such order having been duly served upon them, shall be a misdemeanor.

§ 17-144 Nuisances; who is liable.

It is hereby declared to be the duty, of which there shall be a joint and several liability, of every owner, part owner, person interested, and every lessee, tenant, and occupant, of, or in, any place, water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter and thing in the city, and of every person conducting or interested in business therein or thereat, and of every person who has undertaken to clean any place, ground or street therein, and of every person, public officer and board having charge of any ground, place, building or erection therein, to keep, place and preserve the same and every part, and the sewerage, drainage and ventilation thereof in such condition, and to conduct the same in such manner that it shall not be dangerous or prejudicial to life or health, subject to the health code and orders of the department.

§ 17-145 Dangerous buildings, places and things; declaration as nuisance.

Whenever any building, erection, excavation, premises, business pursuit, matter or thing, or the sewerage, drainage or ventilation thereof, in the city, in the opinion of the board, whether as a whole or in any particular, shall be in a condition or in effect dangerous to life or health, and whenever there shall be growing on any property any ragweed or other species of weed, plant or growth which is noxious or detrimental to the public health, or the seed, pollen or other emanation whereof, when carried through the air or otherwise dispersed, is noxious or detrimental to the public health, the board may take and file among its records what it shall regard as sufficient proof to authorize its declaration that the same, to the extent it may specify, is a public nuisance, or dangerous to life or health; and may thereupon enter the same in its records as a nuisance, and order the same to be removed, abated, suspended, altered, or otherwise improved or purified, as such order shall specify. The borough presidents and the commissioner of transportation are authorized to furnish the department with information in writing as to properties and locations where such noxious weeds and growths may be found.

§ 17-146 Stay of execution; modification.

If any party, within three days after service or attempted service of such order upon him or her and before its execution is commenced, shall apply to the board, or the chairperson thereof, to have such order or its execution stayed or modified, it shall then be the duty of the board to temporarily suspend or modify it at the execution thereof, save in cases of imminent peril to the public health, when the board may exercise extraordinary powers, as specified in section five hundred sixty-three of the charter and to give such party or parties together, as the case in the opinion of such board may require, a reasonable and fair opportunity to be heard before it and to present facts and proofs, according to its rules and directions, against such declaration and the execution of such order, or in favor of its modification, according to the regulation of the board. Such board shall enter in its minutes such facts and proofs as it may receive and its proceedings on such hearing, and any other proof it may take; and thereafter may rescind, modify or reaffirm its declaration and order, and require execution of the original, or of a new or modified order to be made in such form and effect as it may finally determine.

§ 17-147 Execution.

If such order is not complied with, or so far complied with as the board may regard as reasonable, within five days after service or attempted service or within any shorter time, which, in case of imminent peril to the public health, the board may have designated, or is not thereafter speedily and fully executed, then such order may be executed as any of the orders of the board or department. Any agency of the city is authorized to act as agent of the department in executing such order. In the event that any agency shall so act, it shall certify and transmit to the department its expenses in the execution of such order separately in respect of each separately owned parcel of property. Such expenses shall be reimbursed to such agency and shall be chargeable and collectible as expenses of the department in connection with the execution of an order as referred to in this chapter.

§ 17-148 Substituted service; posting; service by publication.

1. If personal service of any such order cannot be made by reason of absence from the district, or inability to find one or more of the owners, occupants, lessees or tenants of the subject matter to which such order relates, or one or more of the persons whose duty it was to have done what is therein required to be done, as the case may render just and proper in the opinion of the board, to be shown by the official certificates of the officer having such order to serve, then service may be made through the mail, or by copy left at the residence or place of business of the person sought to be served, with a person of suitable age and discretion.
2. In any case where personal service of any such order cannot be made for the reasons stated in subdivision a of this section and service cannot be made as provided in such subdivision through the mail or by leaving a copy with a person of suitable age and discretion, because of inability to obtain the name or address of the person sought to be served, and such inability to effect service is shown by the official certificate of the officer having such order to serve, service may be made by conspicuously posting a copy of such order upon the property to which it relates. The posting of such order shall be sufficient notice of such order and of the nuisance therein mentioned to all persons having any duty or liability in relation thereto under the provisions of this chapter.
3. Whenever the board shall have declared any condition, matter or thing to be a nuisance, including ragweed or any other species of weed, plant or growth, and has entered the same in its records as a nuisance, the board may also take and file among its records what it shall regard as sufficient proof to authorize a declaration that such nuisance is widespread throughout the city or in any area thereof, and that personal service or service pursuant to subdivision a or b of this section of an order or orders requiring the abatement, removal or correction of such nuisance would result in delay prejudicial to the public health, welfare or safety, and upon the filing of such proof and the making of such declaration, the board may order that such nuisance be removed, abated or corrected, as prescribed by the board, by an order addressed generally, without specification of names or addresses, to all persons who, pursuant to the provisions of this chapter, have any duty or liability in relation to any such nuisance which may exist upon or in any real or personal property or place located within the area or areas specified in such order. Such order may be served by publishing the same for a period of not less than three days in the City Record and in a newspaper circulated in the area or areas mentioned in such order. Service of such order shall be complete at the expiration of the third day of such publication and such publication shall be sufficient notice of such order and of the nuisance therein mentioned to all persons having any duty or liability in relation thereto under the provisions of this chapter.

§ 17-149 On what expenses to be a lien.

The expenses attending the execution of any and all orders duly made by the department shall respectively be a several and joint personal charge against each of the owners or part owners and each of the lessees and occupants of the building, business, place, property, matter or thing to which such order relates, and in respect to which such expenses were incurred; and also against every person or body who was by law or contract bound to do that in regard to such business, place, street, property, matter or thing which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to grow due, for the use of any place, room, building, premises, matter or thing to which such order relates, and in respect of which such expenses were incurred, and also a lien on all compensation due, or to grow due, for the cleaning of any street, place, ground, or thing, or for the cleaning, or removal, of any matter, thing, or place, the failure to do which by the party bound so to do, or doing of the same in whole or in part by order of such department, was the cause or occasion of any such order or expense.

§ 17-150 Suits for expenses.

The department, in case it has incurred any expense, or has rendered service for which payment is due, and as the rules of the department may provide, may institute and maintain a suit against any one liable for such expenses, or against any person, firm, or corporation, owing or who may owe such rent or compensation, and may recover the expenses so incurred under any such order. One or more of such parties liable or interested may be made parties to such action as the department may elect; but the parties made responsible herein for such expenses shall be liable to contribute or to make payment as between themselves, in respect of such expenses, and of any sum recovered for such expenses or compensation, or by any party paid on account thereof, according to the legal or equitable obligation existing between them.

§ 17-151 Lien on premises.

1. There shall be filed in the office of the department a record of all work caused to be performed by or on behalf of the department in executing any order of the board or department. Such records shall be kept on a building by building basis and shall be accessible to the public during business hours. Within thirty days after the issuance of a purchase or work order to cause such work to be done, entry of such order shall be made on the records of the department. Such entry shall constitute notice to all parties.
2. All expenses incurred by or on behalf of the department for such work, pursuant to this title or any other applicable provision of law, shall constitute a lien upon the land and buildings upon or in respect to which, or either of which, the work required by such order has been done, or expenses incurred, when the amount thereof shall have been definitely computed as a statement of account by the department and the department shall cause to be filed in the office of the city collector an entry of the account stated in the book in which such charges against the premises are to be entered. Such lien shall have a priority over all other liens and encumbrances except for the lien of taxes and assessments. However, no lien created pursuant to this title shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of subdivision a of this section are satisfied; this limitation shall only apply to transactions occurring after the date such record should have been entered pursuant to subdivision a and before the date such entry was made.
3. A notice thereof, stating the amount due and the nature of the charge, shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent.
4. If such charge is not paid within thirty days from the date of entry, it shall be the duty of the city collector to receive interest thereon at the rate of interest applicable to such property for a delinquent tax on real property, to be calculated to the date of payment from the date of entry.
5. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such lien shall be a tax lien within the meaning of sections 11-319 and 11-401 of the code and may be sold, enforced or foreclosed in the manner provided in chapters three and four of title eleven of the code or may be satisfied in accordance with the provisions of section thirteen hundred fifty-four of the real property actions and proceedings law.
6. Such notice mailed by the city collector pursuant to this section shall have stamped or printed thereon a reference to this section of the code.

§ 17-152 Validity of lien; grounds for challenge.

1. In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on:

   (1) The lawfulness of the work done; or

   (2) The propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this section.

2. No such challenge may be made except by (1) the owner of the property, or (2) a mortgagee or lienor whose mortgage or lien would, but for the provision of section 17-151, have priority over the department’s lien.
3. With respect to any issue specified in subdivision a of this section the certificate of the department filed pursuant to section 17-153 shall be presumptive evidence of the facts stated therein.

§ 17-153 Statement of expenses of executing orders.

1. When the department shall have executed, or so far executed as the department may require, any order, a certificate setting forth the expenses of such execution, itemized generally, and the date thereof shall be filed among the records of the department with the order so executed; and the department shall take care by, or through some proper officer, or otherwise, that the expenses of such execution be so stated with fairness and accuracy.
2. When it shall appear that such execution or the expenses thereof, related to several lots or buildings belonging to different persons, such certificate shall state what belongs to, or arose in respect to each lot of such several lots or buildings, as the department or its authorized officer may direct; and the department may revise the correctness of such apportionment of expenses as truth and justice may require.
3. Whenever the expenses attending the execution of any order of the department may be made the subject of a suit by it, there may be joined in the same suit a claim or claims for any penalty or penalties for violation of any health provisions, or for the violation or omission to perform or obey such order, or any prior order of the department, or for the not doing of that, or any portion of that, for the doing of which such expenses arose or were incurred; and the proper joint or several judgment may be had against one or more of the defendants in the suit, as they or either of them may be liable in respect of both such claims, or either or any of them.

§ 17-154 Service of order or judgment.

The department may serve a copy of the order under or by reason of which such expenses were authorized or incurred with a copy of the affidavit stating the expenses of the execution of such order, or if the claim be a judgment, may serve a transcript of such judgment, and an affidavit showing the expense of its execution if there be any, upon any person or corporation, owing, or who is about to owe any such compensation, or owing or about to owe any rent or compensation for the use or occupation of any grounds, premises or buildings or any part thereof, to which such order or judgment relates, and in respect of which such expenses embraced in such judgment related or were incurred, and may, at the time of such service, demand in writing that such rent, or any such compensation to the extent of such claim for such expenses, or for any such judgment or expenses in executing the same, when such rent or compensation becomes due and payable, be paid to the department.

§ 17-155 Payments to department.

After the service of such papers and such demand, any tenant, lessee, occupant, or other person owing, or about to owe, any such rent or any such compensation when it shall mature, or become payable, shall pay the same, and from time to time pay any other amount thereof, as the same may become due and payable, or so much thereof as is sufficient to satisfy any such judgment or claim for expenses, or both, so served, to the department, and a receipt shall be given therefor, stating on account of what order or judgment and expenses the same has been paid and received; and the amount so received shall be deposited where other funds of the department are kept, to the special account of the department.

§ 17-156 Refusal to pay department.

Any person or corporation refusing or omitting to make such payment to the department after service of such paper and demand, shall be personally liable to the department for the amount that should have been paid to it, and may by the department be sued therefor; and such persons shall not in such suit dispute or call in question the authority of the department to incur, or order such expense or the validity or correctness of such expenses of judgment in any particular, or the right of the department to have the same paid from such rent or compensation.

§ 17-157 Payment to department; effect.

The receipt of the department for any sum so paid, in all suits and proceedings, and for every purpose, shall be as effectual in favor of any person holding the same as actual payment of the amount thereof to the proper landlord, lessor, owner, or other person or persons who would, except for the provisions of section 17-155 of this title, and of such demand, have been entitled to receive the sum so paid. No tenant or occupant of any lot, building or premises, shall be dispossessed or disturbed, nor shall any lease or contract, or rights, be forfeited or impaired, nor any forfeiture or liability be incurred by reason of any omission to pay to any landlord, owner, lessor, contractor, party, or other person, the sum so paid to the department, or any part thereof.

§ 17-158 Department to retain moneys until twelve days after notice.

The department shall retain money so paid until twelve days after it shall be made to appear to it or some proper officer thereof, by satisfactory affidavit, that the party or parties, or his, her or their agent for the collection of any such rent or compensation, who, but for the provisions hereof would have been entitled to receive the same, has had written notice of such payment being made; and if at the end of such twelve days such party or parties, so notified, have not instituted suit to recover such money, then it shall, by the department be paid to the commissioner of finance.

§ 17-159 Infected and uninhabitable houses; vacation orders.

Whenever it shall be certified to the department by an officer or inspector of the department that any building or any part thereof in the city is infected with communicable disease, or by reason of want of repair has become dangerous to life or is unfit for human habitation because of defects in drainage, plumbing, ventilation, or the construction of the same, or because of the existence of a nuisance on the premises which is likely to cause sickness among its occupants, the department may issue an order requiring all persons therein to vacate such building or part thereof for the reasons to be stated therein. The department shall cause such order to be affixed conspicuously in such building or part thereof and to be personally served on the owner, lessee, agent, occupant, or any person having the charge or care thereof. If the owner, lessee or agent can not be found in the city or does not reside therein, or evades or resists service, then such order may be served by depositing a copy thereof in the post-office in the city, properly enclosed and addressed to such owner, lessee or agent, at his or her last known place of business and residence, and prepaying the postage thereon; such building or part thereof within ten days after such order shall have been so posted and mailed, or within such shorter time, not less than twenty-four hours, as in such order may be specified, shall be vacated, but the department whenever it shall become satisfied that the danger from such building or part thereof has ceased to exist, or that such building has been repaired so as to be habitable, may revoke such order.

§ 17-160 Proceedings for condemnation.

Whenever any building or part thereof in the city, in the opinion of the department, by reason of:

1. Age, or
2. Defects in drainage, plumbing or ventilation, or
3. Infection with communicable disease, or
4. The existence of a nuisance on the premises, which is likely to cause sickness among its occupants, or among the occupants of other property in such city, or
5. Its stopping ventilation in other buildings, or otherwise making or conducing to make them unfit for human habitation, or dangerous or injurious to health, or
6. Its preventing proper measures from being taken for remedying any nuisance injurious to health, or
7. Other sanitary evils in respect of such other buildings, is so unfit for human habitation that the evils in, or caused by such building, can not be remedied by repairs or otherwise except by the destruction of such building or a portion thereof, the department having first made an order to vacate such building, if it deem such course just and proper, may condemn the same and order it removed. The department may institute proceedings in the supreme court in the city for the condemnation of such building, provided, however, that the owner or owners of such building may demand that it be surveyed in the manner provided for in case of unsafe buildings.

§ 17-161 Institution of proceedings.

Such proceeding shall be instituted through a petition addressed to such court containing a brief statement of the reasons therefor, and shall not be required to contain further allegations of facts than those which have actuated the department in this proceeding, which shall then be carried on in the manner prescribed for a capital project proceeding by subchapter one of chapter three of title five of the code. The owner of such building or any person interested therein may in his or her answer dispute the necessity of the destruction of such building or part thereof, as the case may be. In such case, the court shall not take steps to ascertain the value of the property unless proof is made of the necessity of such destruction.

§ 17-162 Admissible evidence.

In such proceeding, evidence shall be receivable by the court without a jury to prove:

1. That the rental of the building was enhanced by reason of the same being used for illegal purposes, or being so overcrowded as to be dangerous or injurious to the health of the inmates; or
2. That the building is in a state of defective sanitation, or is not in reasonably good repair; or
3. That the building is unfit, and not reasonably capable of being made fit, for human habitation.

§ 17-163 Amount of compensation.

If the court is satisfied by such evidence, then the compensation:

1. Shall in the first case, so far as it is based on rental, be on the rental of the building, as distinct from the ground rent, which would have been obtainable if the building was occupied for legal purposes, and only by the number of persons whom the building, under all circumstances of the case, was fitted to accommodate without such overcrowding as is dangerous or injurious to the health of the inmates; and
2. Shall in the second case be the amount estimated as the value of the building if it had been put into a sanitary condition, or into reasonably good repair, after deducting the estimated expense of putting it into such condition or repair; and
3. Shall in the third case be the value of the materials of the building.

§ 17-164 Inspection reports; publication.

The department may make and publish a report of the sanitary condition and the result of the inspection of any place, matter or thing in the city, so far as, in the opinion of the department, such publication may be useful.

§ 17-165 Inspection and removal of articles.

1. An officer or employee of the department shall visit and inspect all stores and places within the city which are suspected of containing putrid or unsound provisions or other articles unfit for human consumption or use or likely to communicate disease to the inhabitants, and make and sign a report in writing stating the stores, places and articles so inspected and the nature, state and situation thereof and such officer’s or employee’s opinion in relation thereto. Such report shall be filed in an office of the department.
2. The department may by order direct the removal, to a place to be designated by it, of all things within the city which, in its opinion are unfit for human consumption or use or which shall be infected in any manner likely to communicate disease to the inhabitants.
3. Failure to comply with the provisions of this section shall constitute a misdemeanor, punishable by a fine of not exceeding two hundred fifty dollars, or imprisonment not exceeding six months, or both.

§ 17-166 Record of births, fetal deaths and deaths.

1. The department shall keep a record of the births, fetal deaths and deaths filed with it, the births, fetal deaths and deaths shall be numbered separately and recorded in the order in which they are respectively received.
2. There shall be no specific statement on the record or report of birth as to whether the child is born in or out of wedlock or as to the marital name or status of the mother.
3. It shall be unlawful to demand or receive any fees by reason of the duties imposed by this section.
4. The name of the putative father of a child born out of wedlock shall not be entered on the birth certificate by the person preparing the birth certificate without the putative father’s consent in writing, duly verified by him and given to the physician, midwife or person acting as midwife who was in attendance upon the birth and filed with the hospital record of the birth, or, in the case of a birth in a place other than a hospital or on an ambulance service connected therewith, filed with the records of the physician, midwife or person acting as midwife who was in attendance upon the birth. In the event the consent in writing of the putative father is not given, particulars relating to the putative father, other than his name, may be entered.
5. The certificate of induced termination of pregnancy shall not, unless requested by the woman contain the name of the woman, her social security number or any other information which would permit her to be identified except as provided in this subdivision. The department shall develop a unique, confidential identifier to be used on the certificate of induced termination of pregnancy, to be used in connection with the exercise of the commissioner’s authority to monitor the quality of care provided by any individual or entity licensed to perform an abortion in this state and to permit coordination of data concerning the medical history of the woman for purposes of conducting surveillance scientific studies and research.

§ 17-167 Supplemental birth records.

1. A new birth record shall be made whenever:

   1. Proof is submitted to the department that the previously unwed parents of a person have intermarried subsequent to the birth of such person;

   2. Notification is received by the department from the clerk of a court of competent jurisdiction or proof is submitted of a judgment, order or decree relating to the parentage of the person;

   3. Notification is received by the department from the clerk of a court of competent jurisdiction or proof is submitted of a judgment, order or decree relating to the adoption of the person.

2. On every birth record made because of adoption, a notation that it is filed pursuant to paragraph three of subdivision a of this section of the code shall be entered.
3. When a new birth record is made the department shall substitute such new record for the birth record then on file. The department shall place the original birth record and the proof, notification and papers pertaining to the new birth record under seal. Seals shall not be broken except by order of a court of competent jurisdiction. Thereafter when a certified copy of the certificate of birth of such a person is issued, it shall be a copy of the new certificate of birth, except when an order of a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth and provided further however, that information contained in the original certificate of birth shall be divulged to the state commissioner of health pursuant to section forty-one hundred thirty-eight-c or forty-one hundred thirty-eight-d of the public health law.

§ 17-167.1 Sex designation on birth records.

1. For the purposes of this section, “x” means a designation used to indicate a sex that is not exclusively male or female.
2. The department shall make a new birth record when an applicant submits an application and supporting documentation pursuant to this subdivision and subdivision c of this section requesting the correction of sex designation to the applicant’s birth record. Such application shall be made in a form or manner to be provided or approved by the department. If the department requests information, documentation or a copy of an acceptable current signed photographic identification, the department may not take into account the sex designation listed on such identification in reviewing such application.
3. An application made pursuant to subdivision b of this section shall be accompanied by a signed and notarized statement from the applicant requesting that the sex designation be changed to female, male, or x in order to conform to the applicant’s gender identity.
4. In the event the applicant is less than 18 years old, an application made pursuant to subdivision b of this section requesting that the sex designation on the record be changed to female, male, or x to conform to the applicant’s gender identity shall be made in a manner consistent with the requirements of section 207.05 of the New York city health code, or successor provision thereto.

§ 17-167.2 Report and advisory board on gender marker change requirement.*

1. There shall be an advisory board to advise the commissioner concerning matters related to the effectiveness and implementation of the gender marker change requirement as provided for in section 17-167.1 of this chapter and the health code of the city of New York.
2. Such advisory board shall consist of seven members as follows:

   1. Four members shall be appointed by the commissioner, provided that one such member shall be a senior staff person in the department working on transgender and/or lesbian, gay, bisexual and transgender issues, one such member shall be an individual affiliated with an organization that advocates for transgender people or which provides direct services to transgender individuals, one such member shall be an individual affiliated with a legal organization that advocates for transgender people, and one such member shall be an individual licensed in one of the professions listed in subdivision b of section 17-167.1 of this chapter.

   2. Three members shall be appointed by the speaker of the council, provided that one such member shall be an individual affiliated with an organization that advocates for transgender people or which provides direct services to transgender individuals, one such member shall be an individual affiliated with a legal organization that advocates for transgender people, and one such member shall be an individual licensed in one of the professions listed in subdivision b of section 17-167.1 of this chapter.

   3. The commissioner, or his or her designee, shall be an ex officio member of the advisory board.

3. At the invitation of the department, other individuals may participate in the discussions of such advisory board.
4. Each member, other than the member serving in an ex officio capacity, shall serve for a term of two years, to commence upon the first meeting of the advisory board. Any vacancies in the membership of the advisory board shall be filled in the same manner as the original appointment. A person filling such vacancy shall serve for the unexpired portion of the term of the succeeded member.
5. No member of the advisory board, other than the senior staff person in the department working on transgender and/or lesbian, gay, bisexual and transgender issues or the member serving in an ex officio capacity, shall be removed except for cause and upon notice and hearing by the appropriate appointing official.
6. Members of the advisory board shall serve without compensation and shall meet no less often than every three months.
7. Members of the advisory board shall elect by majority vote one such member to serve as chairperson and one such member to serve as vice-chairperson.
8. The agendas for the first four meetings of the advisory board shall include, but not be limited to:

   1. an assessment of the department’s gender marker change requirement as provided for in section 17-167.1 of this chapter and the health code of the city of New York, including, but not limited to, an evaluation of transgender people’s access to professionals for the purpose of receiving an affirmation or affidavit pursuant to subdivision b of section 17-167.1 of this chapter, utilization of the gender marker change requirement among the transgender community, the number of applicants who have sought a new birth certificate pursuant to the new requirement, processing time of applications made pursuant to subdivision a of section 17-167.1 of this chapter, and the gender marker change requirement’s impact on transgender people’s access to health care and health services, governmental services and the reduction, if any, in discrimination against transgender people; and

   2. specific recommendations for changes and/or improvements, if any, to the gender marker change requirement, including, but not limited to, best practices among policies for gender marker changes, and actions taken by the department in response to such recommendations.

1. At least one meeting of the advisory board held prior to issuance of the report pursuant to subdivision j of this section shall be open to the public, provided however that such meeting is no sooner than three months prior to the date of the issuance of such report. The department shall notify the public as to the time, place and subject of such meeting.

10. On or before March first, two thousand seventeen the advisory board shall submit a report to the mayor, the commissioner and the speaker of the council. Such report shall include, but not be limited to:

   1. an assessment of the department’s gender marker change requirement as provided for in section 17-167.1 of this chapter and the health code of the city of New York, including, but not limited to, an evaluation of transgender people’s access to professionals for the purpose of receiving an affirmation or affidavit pursuant to subdivision b of section 17-167.1 of this chapter, utilization of the gender marker change requirement among the transgender community, the number of applicants who have sought a new birth certificate pursuant to the new requirement, processing time of applications made pursuant to subdivision a of section 17-167.1 of this chapter, and the gender marker change requirement’s impact on transgender people’s access to health care and health services, governmental services and the reduction, if any, in discrimination against transgender people; and

   2. specific recommendations for changes and/or improvements, if any, to the gender marker change requirement, including, but not limited to, best practices among policies for gender marker changes, and actions taken by the department in response to such recommendations.

§ 17-168 Certificate of registration of birth.

Within ten days after the receipt of the report of any birth, the department shall furnish, without charge, to the parents or guardian of the child or to the mother at the address designated by her for the purpose, a certificate of registration of birth. Such certificate of registration shall be issued on forms furnished by the department.

§ 17-168.1 Distribution of college savings plan materials within three months of the receipt of the report of any birth.

1. Within three months after the receipt of the report of any birth, the department shall provide college savings plan materials described in subdivision b of section 3-209.2 to the parents or guardian of the child, at the address designated for receipt of the child’s certificate of registration of birth pursuant to section 17-168.
2. The department shall make such college savings plan materials available on its website in English and each of the designated citywide languages as defined in section 23-1101 of the administrative code.

§ 17-169 Certified copies of records of birth, fetal death, and death; certificates of birth.

1. Upon request the department shall issue a certified copy of the birth record or a certification of birth under the following conditions:

   1. A certified copy of the record of birth shall be issued only upon order of a court of competent jurisdiction or, if the person for whom the record of birth relates is still living, upon a specific request therefor by the person, if eighteen years of age or more, or by a parent or to the legal representative of the person to whom the record of birth relates or by an attorney of law authorized in writing by the person if of the age of eighteen years or over to whom the record of birth relates. If the person for whom the record of birth relates is deceased, the department may allow family members of that person to have access to a certified copy of the record of birth. The department may issue a certified copy of a birth record of any person for official use upon the request of a department, agency, or officer of any state government or subdivision thereof or the United States government.

   2. Upon request in all other cases, a certification of birth shall be issued by the department unless it does not appear to be necessary or required for a proper purpose. A certification of birth shall contain only the name, sex, date of birth and place of birth and date of filing in the department of the original certificate of birth of the person to whom it relates, and if upon request by, or on behalf of the person to whom it relates, or by a parent or legal representative of such person, the name or names of the parent or parents listed on the original certificate of birth, and none of the other data on the record of birth. Whenever a certification of birth may be issued, the department may, upon request, issue a wallet-size certification of birth, in a form and bearing a design provided by the department. Each applicant for a wallet-size certification of birth shall remit to the department with such application, a fee determined by the department.

   3. When the license to practice medicine of an attending physician listed on a given birth record has been surrendered or revoked by the New York state office of professional medical conduct, then upon request by either (i) the person whose birth the record documents, if eighteen years of age or older, or that person’s legal representative or (ii) the parent or legal representative of a person under the age of eighteen whose birth the record documents, the department shall issue a certified copy of the birth record with the identity of such physician redacted. Such request shall be made in the form or manner to be provided or approved by the department. Nothing in this paragraph requires a court order.

2. A transcript of a record of fetal death, or death, upon such forms as the department shall prescribe, shall be issued upon request unless it does not appear to be necessary or required for a proper purpose. The board may prescribe reasonable fees for searches made of records of birth, fetal death, or death, and the usual fees for copies of records to be paid for certifications of birth and for transcripts of records of birth, fetal death, or death, and in what cases the payment of fees may be waived.
3. The United States department of health and human services may obtain, without expense to the city, transcripts of records of birth, fetal deaths and deaths without payment of fees here prescribed for use solely as statistical data. Any copy of the record of a birth, fetal death, or death, or any certificate of registration of birth, or certification of birth, when properly certified by the commissioner or persons authorized to act for such commissioner, shall be prima facie evidence of the facts therein stated, in all courts, and places, and in all actions, proceedings or applications, judicial, administrative or otherwise, and any such certificate of registration of birth or certification of birth shall be accepted with the same force and effect with respect to the facts therein stated as the original birth record or a certified copy thereof.
4. Notwithstanding any other provision of law, any person born in the city of New York being released from a New York state correctional facility shall, prior to release, be provided by the department, at no cost to such person, a certified copy of his or her birth certificate to be used for any lawful purpose; provided that such person has requested a copy of his or her birth certificate at least ninety days prior to his or her release, from the (a) department, or (b) New York state department of correctional services and the New York state department of correctional services has submitted such request to the department. No person shall receive more than one birth certificate without charge pursuant to this subdivision.

§ 17-170 Records of births, deaths and marriages on file with the department and the clerk of the county of Kings; transfer to the department of general services; certification.

1. The department and the clerk of the county of Kings are authorized to transfer to and the department of general services is authorized to receive all original records of births, deaths and marriages filed prior to the year eighteen hundred sixty-six with the department or the office of the city inspector or any such records transferred to the clerk of the county of Kings together with the indexes to such records and the department of general services shall file and maintain such records as public records.
2.    Original records of births, deaths, and fetal deaths filed with the department or the office of the city inspector subsequent to the year eighteen hundred sixty-five and the indexes to such records shall be transferred by the department to the department of records and information services at such times as the board of health shall determine; said records shall be filed and maintained by the department of records and information services as public records.
3. Upon the transfer of such records the commissioner of the department of records and information services shall have the authority to issue upon request certified copies of or extracts from such records.

§ 17-171 Records of marriages on file with the department of health and mental hygiene; transfer to the city clerk; certification.

1. The department is authorized to transfer to and the city clerk of the city of New York is authorized to receive and maintain all original records of marriages filed with the department or the office of the city inspector subsequent to the year eighteen hundred sixty-six together with the indexes to such records.
2. Upon the transfer of such records the city clerk of the city of New York shall have the authority to issue upon request certified copies of or extracts from such records.
3. Any copy or extract of the record of marriage, when properly certified by the city clerk or his or her deputy duly authorized to act for such city clerk, shall be prima facie evidence of the facts therein stated, in all courts, and places, and in all actions, proceedings or applications, judicial, administrative or otherwise, and any such certificate of marriage shall be accepted with the same force and effect with respect to the facts therein stated as the original marriage record or a certified copy thereof.

§ 17-172 Dislodging food from person choking; poster.

1. Every establishment where food is sold and space is designated specifically as eating areas shall have posted in a conspicuous place, easily accessible to all employees and customers, a sign graphically depicting the Heimlich Maneuver or a comparable technique instructing on how to dislodge food from a choking person. Such sign shall be drafted and printed by the department.
2. No duty to act. Nothing contained in this section shall impose any duty or obligation on any proprietor, employee or other person to remove, assist in removing, or attempt to remove food from the throat of the victim of a choking emergency.
3. Fees. The department shall make signs available, and may charge a fee to cover printing, postage and handling expenses.

§ 17-173 Dangers of consuming alcoholic beverages during pregnancy; warning sign.

1. For the purposes of this section, the following terms shall be defined and applied as follows:

   1. “Alcoholic beverage” means and includes alcohol, spirits, liquor, wine and beer.

   2. “Vendor” means any person who owns or operates a business establishment such as a bar or restaurant, which sells at retail any alcoholic beverages for on-premises consumption; and any person who owns or operates a liquor store, or any other business establishment which has as its primary purpose, the retail sale of alcoholic beverages.

2. All vendors of alcoholic beverages shall have posted, in a conspicuous place, a sign which clearly reads, “Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.”
3. The department shall make such warning signs available to vendors of alcoholic beverages, and shall promulgate regulations with respect to the posting of said signs. A fee may be charged by the department to cover printing, postage and handling expenses.
4. Any violation of the provisions of this section or any of the regulations promulgated hereunder, shall be prosecuted as a civil violation subject to a penalty of a sum ranging from zero to not more than one hundred dollars. A civil violation under this section, shall be adjudicated before the administrative tribunal of the department.

§ 17-174 Provision of interpretation services in hospitals.

The board shall require the immediate provision of interpretation services for non-English speaking residents in all hospital emergency rooms located in New York City, when such non-English speaking residents comprise at least ten percent of the patient population of the service area of a particular hospital.

§ 17-175 Waste reduction study.

1. The department shall, within six months of the effective date of this section, complete a study of the feasibility of reducing the amount of medical waste and other solid waste generated by any person licensed by the city or state of New York to provide health, medical, pharmaceutical or laboratory services. The study shall include, but not to be limited to, an analysis of:

   1. the feasibility of switching from the use of disposable to reusable medical equipment, laboratory equipment, clothing, food service equipment and any other product for which there is a reusable substitute;

   2. availability of reusable medical equipment, laboratory equipment, clothing, food service equipment and any other product for which there is a reusable substitute;

   3. the historical shift from the use of reusable to disposable products;

   4. the current composition of medical and other solid waste generated by hospitals and other health care facilities;

   5. the present and future cost of using reusable products compared to the cost of using disposable products, including the costs associated with substituting products and any special physical needs, such as space requirements or new equipment;

   6. the effects of waste reduction on hospital costs and the city’s economy;

   7. the environmental impacts of an increased use of reusable products compared to the continued incineration and landfilling of disposable products, both on and off-site of the generating facility; and

   8. all relevant federal, state and local legislation and regulations.

2. The study shall also include a comprehensive waste reduction plan for medical waste and other solid waste generated by any person licensed by the city or state of New York to provide health, medical, pharmaceutical or laboratory services that shall include annual waste reduction goals for the next five years, a strategy for implementing such goals, a list of reusable materials and products that can be substituted for dispoable* materials and products where feasible, and any revisions to the city health code that are necessary to implement the waste reduction plan.
3. The commissioner shall, within six months of the effective date of this section, submit to the council a report on the findings of such study and any recommendations as to legislation or regulations that are necessary to implement the recommendations of the study.

§ 17-176 Prohibitions on the distribution of tobacco products.

1. Definitions. For purposes of this section:

   (1) “Distribute” means to give, sell, deliver, offer to give, sell or deliver, or cause or hire any person to give, sell, deliver or offer to give, sell or deliver.

   (2) “Less than basic cost” means free of charge, a nominal or discount price, or any other price less than the distributor’s cost, to which shall be added the full value of any stamps or taxes which may be required by law.

   (3) “Person” means any natural person, corporation, partnership, firm, organization or other legal entity.

   (4) “Public event” means any event to which the general public is invited or permitted, including but not limited to musical concerts or performances, athletic competitions, public fairs, carnivals, flea markets, bazaars and artistic or cultural performances or exhibitions. A private function such as a wedding, party, testimonial dinner or other similar gathering in which the seating arrangements are under the control of the organizer or sponsor of the event, and not the person who owns, manages, operates or otherwise controls the use of the place in which the function is held, is not a public event within the meaning of this paragraph.

   (5) “Public place” means any area to which the general public is invited or permitted, including but not limited to parks, streets, sidewalks or pedestrian concourses, sports arenas, pavilions, gymnasiums, public malls and property owned, occupied or operated by the city of New York or an agency thereof.

   (6) “Tobacco product” means any product which contains tobacco that is intended for human consumption, including any component, part, or accessory of such product. Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, tobacco-containing shisha, or dissolvable tobacco product. Tobacco product shall not include cigarettes or any product that has been approved by the United States food and drug administration for sale as a tobacco use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes.

2. Distribution of tobacco products to the general public at less than basic cost prohibited in public places and at public events. No persons shall distribute a tobacco product for commercial purposes at less than the basic cost of such product to members of the general public in public places or at public events.
3. [Reserved.]
4. Penalties.

   (1) Any person found to be in violation of this section shall be guilty of a misdemeanor and liable for a civil penalty of not more than five hundred dollars for the first violation and not more than one thousand dollars for the second and each subsequent violation.

   (2) A proceeding to recover any civil penalty authorized pursuant to the provisions of this section shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the board of health or to any body succeeding the administrative tribunal. Such tribunal or its successor shall have the power to impose the civil penalties prescribed by this section.

   (3) The corporation counsel may make an application to the supreme court for an order restraining the continued violation of this section or enjoining the future commission of such practice.

§ 17-176.1 Prohibition on the sale of discounted cigarettes and tobacco products.

1. Definitions. For purposes of this section:

   “Cigar” means any roll of tobacco for smoking that is wrapped in leaf tobacco or in any substance containing tobacco, with or without a tip or mouthpiece. Cigar does not include a little cigar as defined in this section.

   “Cigarette” means any roll for smoking made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material but is not made in whole or in part of tobacco.

   “Listed price” means the price listed for cigarettes or tobacco products on their packages or on any related shelving, posting, advertising or display at the place where the cigarettes or tobacco products are sold or offered for sale, including all applicable taxes.

   “Little cigar” means any roll of tobacco for smoking that is wrapped in leaf tobacco or in any substance containing tobacco and that weighs no more than four pounds per thousand or has a cellulose acetate or other integrated filter.

   “Loose tobacco” means any product that consists of loose leaves or pieces of tobacco that is intended for use by consumers in a pipe, roll-your-own cigarette, or similar product or device.

   “Non-tobacco shisha” means any product that does not contain tobacco or nicotine and is smoked or intended to be smoked in a hookah or water pipe.

   “Person” means any natural person, corporation, partnership, firm, organization or other legal entity.

   “Price reduction instrument” means any coupon, voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or any other form, used for commercial purposes to receive an article, product, service, or accommodation without charge or at a discounted price.

   “Retail dealer” means retail dealer as defined in section 20-201 of the code, and any employee or other agent of such retail dealer.

   “Shisha” means any product that contains tobacco or nicotine and is smoked or intended to be smoked in a hookah or water pipe.

   “Smokeless tobacco” means any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity.

   “Snus” means any smokeless tobacco product marketed and sold as snus, and sold in ready-to-use pouches or loose as a moist powder.

   “Tobacco product” means any product which contains tobacco that is intended for human consumption, including any component, part, or accessory of such product. Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, shisha, or dissolvable tobacco product. Tobacco product shall not include cigarettes or any product that has been approved by the United States food and drug administration for sale as a tobacco use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes.

2. Prohibition on the sale of cigarettes for less than the listed price. No person shall:

   (1) honor or accept a price reduction instrument in any transaction related to the sale of cigarettes to a consumer;

   (2) sell or offer for sale cigarettes to a consumer through any multi-package discount or otherwise provide to a consumer any cigarettes for less than the listed price in exchange for the purchase of any other cigarettes by the consumer;

   (3) sell, offer for sale, or otherwise provide any product other than cigarettes to a consumer for less than the listed price in exchange for the purchase of cigarettes by the consumer; or

   (4) sell, offer for sale, or otherwise provide cigarettes to a consumer for less than the listed price.

3. Prohibition on the sale of tobacco products for less than the listed price. No person shall:

   (1) honor or accept a price reduction instrument in any transaction related to the sale of tobacco products to a consumer;

   (2) sell or offer for sale tobacco products to a consumer through any multi-package discount or otherwise provide to a consumer any tobacco product for less than the listed price in exchange for the purchase of any other tobacco product by the consumer;

   (3) sell, offer for sale, or otherwise provide any product other than a tobacco product to a consumer for less than the listed price in exchange for the purchase of a tobacco product by the consumer; or

   (4) sell, offer for sale, or otherwise provide tobacco products to a consumer for less than the listed price.

4. Price floors for cigarettes and tobacco products. No person shall sell or offer for sale to a consumer a package of cigarettes, tobacco products, or non-tobacco shisha, as such package is described in section 17-704, for a price less than the applicable price floor described in this subdivision. Any such price floor may be modified pursuant to paragraph 9 of this subdivision.

   (1) The cigarette price floor shall be $13 per package of cigarettes, including all applicable taxes.

   (2) The little cigar price floor shall be $10.95, excluding all applicable taxes.

   (3) The cigar price floor shall be $8 for any cigar sold individually, excluding all applicable taxes. Notwithstanding subdivision c of section 17-176.1, the price floor for any package of cigars that contains more than one cigar and that has been delivered to a retail dealer in a package described by subdivision a of section 17-704 shall be computed by multiplying the number of cigars in the package by $1.75 and adding $6.25 to the total, excluding all applicable taxes.

   (4) The smokeless tobacco price floor shall be $8 per 1.2 ounce package, excluding all applicable taxes. The price floor for packages larger than 1.2 ounces shall be computed by adding $2 for each 0.3 ounces or any fraction thereof in excess of 1.2 ounces, excluding all applicable taxes.

   (5) The snus price floor shall be $8 per 0.32 ounce package, excluding all applicable taxes. The price floor for packages larger than 0.32 ounces shall be computed by adding $2 for each 0.08 ounces or any fraction thereof in excess of 0.32 ounces, excluding all applicable taxes.

   (6) The shisha price floor shall be $17 per 3.5 ounce package, excluding all applicable taxes. The price floor for packages larger than 3.5 ounces shall be computed by adding $3.40 for each 0.7 ounces or any fraction thereof in excess of 3.5 ounces, excluding all applicable taxes.

   (7) The non-tobacco shisha price floor shall be $17 per 3.5 ounce package, excluding all applicable taxes. The price floor for packages larger than 3.5 ounces shall be computed by adding $3.40 for each 0.7 or any fraction thereof ounces in excess of 3.5 ounces, excluding all applicable taxes.

   (8) The loose tobacco price floor shall be $2.55 per 1.5 ounce package, excluding all applicable taxes. The price floor for packages larger than 1.5 ounces shall be computed by adding $0.51 for each 0.3 ounces or any fraction thereof in excess of 1.5 ounces, excluding all applicable taxes.

   (9) The department may modify by rule the price floors described in this subdivision to account for changes in the New York–northern New Jersey–Long Island consumer price index, adjusted for inflation, or changes in taxes for any of these products.

5. The department shall promulgate any rules as may be necessary for the purpose of carrying out this section.
6. Penalties.

   (1) Any person who violates subdivision b, c, or d of this section or any rule promulgated pursuant to any of such subdivisions shall be liable for a civil penalty in the following amounts:

      (i) one thousand dollars for a first violation within a five-year period;

      (ii) two thousand dollars for a second violation within a five-year period; and,

      (iii) five thousand dollars for a third violation within a five-year period.

   (2) No person shall be liable under this section for more than one violation of any of subdivisions b, c, or d during a single day.

   (3) A violation of subdivision b, c, or d of this section by a retail dealer shall constitute a basis, pursuant to section 20-206 of the code, for the suspension or revocation of the license issued to such retail dealer for the place of business where such violation occurred.

7. Enforcement. The department, the department of consumer affairs, and the department of finance shall enforce the provisions of this section at the tribunals that are authorized to hear violations issued by such departments.

§ 17-177 Prohibition on the distribution of tobacco products through vending machines.

1. Definitions. For purposes of this section:

   (1) “Distribution” means to give, sell, deliver, dispense, issue, offer to give, sell, deliver, dispense or issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.

   (2) “Person” means any natural person, corporation, partnership, firm, organization or other legal entity.

   (3) “Public place” means any area to which the public is invited or permitted.

   (4) “Retail dealer” means “retail dealer” as defined in section 20-201.

   (5) “Tavern” means an establishment where alcoholic beverages are sold and served for on-site consumption and in which the service of food, if served at all, is incidental to the sale of such beverages. Service of food shall be considered incidental if the food service generates less than forty percent of total annual gross sales. As used herein, the term “tavern” shall not be deemed to include a bar located in a public place in which the sale of alcoholic beverages is incidental to the primary purpose of the business or establishment conducted therein, except for a bar located in a public place which offers overnight accommodations. Examples of public places not deemed to be taverns within the definition of this paragraph include, but are not limited to, restaurants, catering halls, bowling alleys, billiard parlors, discotheques, theatres and arenas.

   (6) “Tobacco product” means any substance which contains tobacco, including but not limited to cigarettes, cigars, smoking tobacco and smokeless tobacco.

   (7) “Wholesale dealer” means “wholesale dealer” as defined in section 11-1301 of the administrative code.

   (8) “Vending machine” means any mechanical, electronic or other similar device which dispenses tobacco products.

2. Distribution of tobacco products through vending machines prohibited. No person shall permit the distribution of a tobacco product through the operation of a vending machine in a public place. This prohibition shall not apply to the distribution of tobacco products in a tavern.
3. Distribution of tobacco products in a tavern. Tobacco products may be distributed in a tavern only in the following ways:

   (1) through a vending machine which must be (i) placed at a distance of a minimum of 25 feet from any entrance to the premises; and (ii) directly visible by the owner of the premises, or his or her employee or agent, during the operation of such vending machine; or

   (2) directly by the owner of the permises, or his or her employee or agent.

4. Identification of vending machines. A wholesale dealer or retail dealer shall post a durable sign on any vending machine which such dealer is licensed to own, operate or maintain. Such sign shall be visible to the general public and provide the applicable license number and expiration date and the license holder’s name, place of business and phone number.
5. Enforcement. The department shall enforce the provisions of this section. In addition, designated enforcement employees of the department of buildings, the department of consumer affairs, the department of environmental protection, the fire department and the department of sanitation shall have the power to enforce the provisions of this section.
6. Violations and penalties.

   (1) Any person found to be in violation of this section shall be liable for a civil penalty of not more than three hundred dollars for the first violation; not more than five hundred dollars for the second violation; and not more than one thousand dollars for the third and all subsequent violations. In addition, for a third and subsequent violations, any person who engages in business as a wholesale dealer or retail dealer shall be subject to the suspension of his or her license, for a period not to exceed one year, after notice and the opportunity for a hearing before the commissioner of finance or his or her designee. A wholesale dealer who owns, operates or maintains a vending machine placed in violation of subdivision b or paragraph (1) of subdivision c of this section shall be liable only if he or she has knowledge of the violation. The department shall promptly give written notice to the wholesale dealer identified on the sign required by subdivision d of this section of any such violation by an owner of the premises, or his or her employee or agent. For purposes of this section, such notice shall be prima facie evidence that the wholesale dealer has knowledge of future violations of subdivision b or paragraph (1) of subdivision c of this section.

   (2) A proceeding to recover any civil penalty authorized pursuant to the provisions of this subdivision shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the board of health or to any body succeeding the administrative tribunal. Such tribunal or its successor shall have the power to impose the civil penalties prescribed by this section.

   (3) The penalties provided by this subdivision shall be in addition to any other penalty imposed by any other provision of law or regulation thereunder.

7. Construction. Nothing in this section shall be construed to prohibit the following:

   (1) the transfer of an existing vending machine from placement in a premises prohibited pursuant to subdivision b of this section to placement in a tavern; or

   (2) the initial placement of a vending machine in a tavern.

§ 17-178 Availability of resuscitation equipment in certain public places.

1. Definitions. For the purposes of this section, the following terms shall be defined as follows:

   1. “Bar” means any establishment which is devoted to the sale and service of alcoholic beverages for on-premises consumption and in which the service of food, if served at all, is incidental to the consumption of such beverages.

   2. “Health club” means any commercial establishment offering instruction, training or assistance or the facilities for the preservation, maintenance, encouragement or development of physical fitness or well being. “Health club” as defined herein shall include, but not be limited to health spas, sports, tennis, racquet ball, and platform tennis clubs, figure salons, health studios, gymnasiums, weight control studios, martial arts and self-defense schools or any other commercial establishment offering a similar course of physical training.

   3. “Owner or operator” means the owner, manager, operator or other person having control of an establishment.

   4. “Public place” means a restaurant, bar, theatre or health club.

   5. “Restaurant” means any commercial eating establishment which is devoted, wholly or in part, to the sale of food for on-premises consumption.

   6. “Resuscitation equipment” means (i) an adult exhaled air resuscitation mask, for which the federal food and drug administration has granted permission to market, accompanied by a pair of latex gloves and (ii) a pediatric exhaled air resuscitation mask, for which the federal food and drug administration has granted permission to market, accompanied by a pair of latex gloves.

   7. “Theatre” means a motion picture theatre, concert hall, auditorium or other building used for, or designed for the primary purpose of, exhibiting movies, stage dramas, musical recitals, dance or other similar performances.

2. Resuscitation equipment required. The owner or operator of a public place shall have available in such public place resuscitation equipment in quantities deemed adequate by the department. Such equipment shall be readily accessible for use during medical emergencies. Any information deemed necessary by the commissioner shall accompany the resuscitation equipment. Resuscitation equipment shall be discarded after a single use.
3. Notice required. The owner or operator of a public place shall provide notice to patrons, by means of signs, printed material or other means of written communication, indicating the availability of resuscitation equipment for emergency use and providing information on how to obtain cardiopulmonary resuscitation training. The type, size, style, location and language of such notice shall be determined in accordance with rules promulgated by the commissioner. In promulgating such rules, the commissioner shall take into consideration the concerns of the public places within the scope of this section. If the department shall make signs available pursuant to this subdivision, it may charge a fee to cover printing, postage and handling expenses.
4. Rescuer liability limited. Any owner or operator of a public place, his or her employee or other agent, or any other person who voluntarily and without expectation of monetary compensation renders emergency treatment using the resuscitation equipment required pursuant to this section, to a person who is unconscious, ill or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that the injuries were or death was caused by gross negligence on the part of the rescuer.
5. No duty to act. Nothing contained in this section shall impose any duty or obligation on any owner or operator of a public place, his or her employee or other agent, or any other person to provide resuscitation assistance to the victim of a medical emergency.

§ 17-179 Department, Screening, Diagnosis and Treatment.

1. The department shall refer to appropriate medical providers any person who requests assistance in blood lead screening, testing, diagnosis or treatment, and upon the request of a parent or guardian, arrange for blood lead screening of any child who requires screening and whose parent or guardian is unable to obtain a lead test because the child is uninsured or the child’s insurance does not cover such screening.
2. The department shall develop a pamphlet explaining the hazards associated with lead-based paint and describing the procedures to be used in order for a violation of sections 27-2056.6 and 27-2056.7 of this code to be corrected. The pamphlet shall include appropriate telephone numbers to obtain lead poisoning screening, diagnosis and treatment information and to report unsafe lead-based paint work practices. Such pamphlet shall also describe building owners’ responsibilities under article 14 of subchapter 2 of chapter 2 of title 27, including such building owners’ responsibilities to remediate all lead-based paint hazards and underlying defects upon turnover of any dwelling unit, and such building owners’ responsibilities to annually inspect any dwelling unit where a child of applicable age resides for lead-based paint hazards. Such pamphlet shall be made available in accordance with section 27-2056.9 of this code. Such pamphlet shall also be made available to any member of the public upon request, and shall be available in any designated citywide language, as defined by section 23-1101 of this code.

§ 17-180 Training of Department Personnel.

The department, in conjunction with the department of housing preservation and development, shall provide training for lead-based paint inspection and supervisory personnel. No department personnel shall conduct an inspection for lead-based paint pursuant to the health code unless that individual has received such training. At a minimum, such training shall (1) be equivalent to the training required under regulations issued by the United States environmental protection agency for the certification of lead-based paint inspectors and supervisors, (2) include background information pertaining to applicable state and local lead-based paint laws and guidance on identifying violations in a multiple dwelling, and (3) require that the individual has successfully demonstrated knowledge of the responsibilities of a certified inspector or certified supervisor, as the case may be, and the requirements of sections 173.13 and 173.14 of the health code or successor rules. The department shall provide for the continuing education of inspection and supervisory personnel.

§ 17-180.1 Overdose prevention and reversal training.

1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Opioid. The term “opioid” means an opiate as defined in section 3302 of the public health law.

   Opioid antagonist. The term “opioid antagonist” means naloxone, narcan or other medication approved by the New York state department of health and the federal food and drug administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the human body.

2. For as long as the department determines there is an urgent public health need, the department shall offer overdose prevention and reversal training to the general public. Such training shall include:

   1. How to recognize an opioid overdose; and

   2. How to properly administer common opioid antagonists to reverse an opioid overdose.

3. For as long as the department determines there is an urgent public health need, the department shall offer a public awareness strategy to inform the public of the existence of such trainings and the danger of opioid addiction and abuse.
4. For as long as the department determines there is an urgent public health need, the department shall provide opioid antagonists to all syringe exchange programs operating within the city.
5. The department shall require that the staff at all syringe exchange programs operating in the city receive overdose prevention and reversal training. Such training shall teach staff:

   1. How to recognize an opioid overdose; and

   2. How to properly administer common opioid antagonists to reverse an opioid overdose.

6. Thirty days prior to the department’s determination that there is no longer an urgent public heath need, pursuant to subdivisions b, c and d of this section, the department shall submit a report to the speaker of the council detailing the reasons for such determination.

§ 17-181 Lead-based paint; dry scraping and dry sanding prohibited.

The dry scraping or dry sanding of lead-based paint or paint of unknown lead content in any dwelling, day care center or school is hereby declared to constitute a public nuisance and a condition dangerous to life and health. For the purpose of this section, dry scraping and dry sanding shall mean the removal of paint or similar surface-coating material by scraping or sanding without using water misting to reduce dust levels or other method approved by the department. The department shall promulgate such additional rules as necessary for the enforcement of this section.

§ 17-182 City-funded public hospitals and health facilities required to utilize peace officers.

1. Any corporation of government, the expenses of which are paid in whole or in part from the city treasury, which provides health and medical services and operates health facilities and which is authorized to employ special officers having peace officer status as defined in New York Criminal Procedure Law §2.10(40), shall utilize peace officers appointed pursuant to said subdivision to perform the duties of special officer, senior special officer and hospital security officer. The commissioner of the department of health and mental hygiene shall enforce this requirement.
2. Any person, including but not limited to any labor organization, claiming to be aggrieved by a violation of subdivision a of this section shall have a cause of action in any court of competent jurisdiction for damages, including punitive damages, and for injunctive relief and such other remedies as may be appropriate.

§ 17-183 Publication and dissemination of public health insurance program options.

1. The department shall develop a pamphlet containing information regarding the availability of public health insurance programs. At a minimum, such pamphlet shall include: (i) the name and a brief description of each public health insurance program available to New York city residents; and (ii) appropriate telephone numbers to obtain enrollment information for such programs. Such pamphlet shall be produced annually and shall be printed in multiple languages, including, but not limited to, English, Spanish, Chinese, Russian, Yiddish, Korean, and Haitian-Creole, and shall be made available to any member of the public upon request.
2. The department shall ensure that pamphlets on public health insurance program options are provided to all day care centers in sufficient quantity to enable such day care centers to satisfy the requirements of section 1069.1 of the New York city charter. For the purposes of this subdivision, “day care center” shall mean any child day care facility operating in New York city that is required to obtain a license from, or to register with, the department pursuant to section 47.05 of the New York city health code and/or the New York state department of social services pursuant to section 390 of the New York state social services law.

§ 17-184 Availability of emergency contraception.

The department shall make available emergency contraception at each health center, health station, health clinic or other health facility operated or maintained by the department which also offers services relating to the diagnosis and treatment of sexually transmitted diseases. For purposes of this section, the term “emergency contraception” shall mean one or more prescription drugs, used separately or in combination, to be administered to or self-administered by a patient in a dosage and manner intended to prevent pregnancy when used within a medically recommended amount of time following sexual intercourse and dispensed for that purpose in accordance with professional standards of practice, and which has been found safe and effective for such use by the United States food and drug administration.

§ 17-185 Inspection by the Department of Unsafe Work Practices.

The department shall promulgate rules requiring the department to respond to complaints regarding unsafe lead-based paint work practices.

§ 17-186 Lead poisoning prevention in children.

1. The department shall develop a brochure which, at a minimum, advises all appropriate medical providers of their obligations to screen and test children for lead poisoning according to all relevant federal, state and local laws, rules and regulations. Such pamphlet shall be distributed to all appropriate medical providers on an annual basis, starting on September 15, 2004.
2. The department shall develop a pamphlet regarding lead poisoning prevention in children. Such pamphlet shall, at a minimum, be printed in English and Spanish and shall include, at a minimum: (i) the manner in which children are most likely poisoned by lead; (ii) the effects of lead poisoning on a child’s health; (iii) the intervals at which a child is required by New York state law to be tested for blood lead levels; (iv) the appropriate telephone numbers to obtain lead poisoning screening, diagnosis and treatment information; (v) the steps a parent or guardian may take to protect his or her child from lead poisoning; and (vi) the requirement of landlords to inspect and repair lead-based paint hazards.
3. At a minimum, the department shall distribute the pamphlet produced pursuant to paragraph b of this section with each birth certificate furnished to the parent or guardian of a child pursuant to section 17-168 of this title. Such pamphlet shall also be made available to any member of the public upon request.

§ 17-186.1 Education and outreach regarding childhood lead poisoning prevention.

1. The department shall establish and implement an education and outreach program to increase awareness of childhood lead poisoning prevention. Such education and outreach program shall at a minimum include the following information:

   1. Health effects of lead poisoning in children and pregnant women;

   2. Major sources of lead exposure for children;

   3. Ways to prevent lead exposure and to address lead hazards;

   4. Importance of lead screening and blood lead testing requirements for children and pregnant women; and

   5. Requirements related to inspection and remediation of lead hazards in certain housing and facilities.

2. The education and outreach program required by subdivision a of this section shall include linguistically and culturally competent education and outreach tailored to limited English proficient individuals and specific immigrant populations. To meet such requirement, the department, in consultation with the mayor’s office of immigrant affairs, shall identify and implement measures including but not limited to production of educational materials, language assistance tools, community outreach and advertisements in multiple languages in public locations.
3. Any educational materials produced pursuant to subdivision b of this section shall be made available on the department’s website and submitted to the commissioner of the mayor’s office of immigrant affairs. The educational materials made available on the department’s website pursuant to this subdivision shall be made available in English; in the six languages most commonly spoken by limited English proficient individuals in the city as determined by the department of city planning; and in any other languages deemed appropriate by the commissioner.

§ 17-187 School nurses.

1. Definitions. For purposes of this section, the following items shall have the following meanings:

   (1) “Nurse” means an individual licensed as a registered professional nurse pursuant to section 6905 of the New York state education law.

   (2) “Public health advisor” includes, but is not limited to, an individual who supports medical and/or professional staff in schools by performing health related duties and who has satisfied the requirements set forth by the department.

2. Primary Schools. The department shall provide on a full-time basis at least one nurse at each public and private primary school which i) had at least two hundred students enrolled on the last day of the second month of the preceding school year; ii) submits a written request to the department that such nurse be provided; and iii) maintains, pursuant to any rules promulgated by the commissioner, an appropriate medical room wherein such nurse can carry out his or her nursing duties.
3. Intermediate Schools. The department shall provide at least one nurse, provided that a nurse has not been provided pursuant to subdivision b of this section, or public health advisor or school health service aide, as appropriate, at each public and private intermediate school which i) had at least two hundred students enrolled on the last day of the second month of the preceding school year; ii) submits a written request to the department that such nurse or public health advisor or school health service aide be provided; and iii) maintains pursuant to any rules promulgated by the commissioner, an appropriate medical room wherein such nurse or public health advisor or school health service aide can carry out his or her duties.
4. The provision of any nurses, or public health advisors when applicable, assigned to a school pursuant to this section shall be consistent with any applicable collective bargaining agreements.
5. For the purposes of this section, references to the “department” shall mean the department, either individually or jointly with the board of education as appropriate. The requirements or implementation of this section shall not be construed to cause the layoff or loss of any wages, benefits or other terms and conditions of employment of, and shall not be construed to reduce the employment opportunities of nurses, public health advisors, public health assistants, or school health services aides, as defined by the department, or any other health related position, currently employed, or to be employed by primary and intermediate schools.
6. The commissioner may promulgate any rules deemed necessary for the purposes of implementing and carrying out the provisions of this section.

§ 17-188 Automated external defibrillators.

1. Definitions. For the purposes of this section, the following terms shall have the following meanings:

   1. “Automated external defibrillator” means a medical device, approved by the United States food and drug administration, that:

      (i) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia;

      (ii) is capable of determining, without intervention by an individual, whether defibrillation should be performed on a patient;

      (iii) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to a patient’s heart; and (iv) upon action by an individual, delivers an appropriate electrical impulse to a patient’s heart to perform defibrillation.

   2. “Owner or operator” means the owner, manager, operator, or other person or persons having control of a public place.

   3. “Public place” means the publicly accessible areas of the following places to which the public is invited or permitted:

      (i) public buildings maintained by the division of facilities management and construction of the department of citywide administrative services or any successor;

      (ii) pool facilities under the jurisdiction of the department of parks and recreation that have a capacity of more than 100 people;

      (iii) parks under the jurisdiction of the department of parks and recreation identified pursuant to subdivision e of this section;

      (iv) ferry terminals owned and operated by the city of New York served by ferry boats with a passenger capacity of one thousand or more persons;

      (v) nursing homes, as defined in section 2801 of the New York state public health law;

      (vi) senior centers, which include facilities operated by the city of New York or operated by an entity that has contracted with the city to provide services to senior citizens on a regular basis, such as meals and other on-site activities;

      (vii) golf courses, stadia and arenas; and

      (viii) health clubs that are commercial establishments offering instruction, training or assistance and/or facilities for the preservation, maintenance, encouragement or development of physical fitness or well-being that have a membership of at least two hundred and fifty people, and which shall include, but not be limited to, health spas, health studios, gymnasiums, weight control studios, martial arts and self-defense schools or any other commercial establishment offering a similar course of physical training.

2. Automated external defibrillators required. Except as provided in subdivision j of this section, the owner or operator of a public place shall make available in such public place automated external defibrillators in quantities and locations deemed adequate in accordance with rules promulgated pursuant to subdivisions e and f of this section and in accordance with section 3000-b of the New York state public health law. Such automated external defibrillators shall be readily accessible for use during medical emergencies. Any information regarding use of automated external defibrillators deemed necessary by the department in accordance with rules promulgated pursuant to subdivision f of this section shall accompany and be kept with each automated external defibrillator. Any automated external defibrillator required pursuant to this subdivision shall be acquired, possessed and operated in accordance with the requirements of section 3000-b of the New York state public health law.
3. Notice required. The owner or operator of a public place shall provide written notice to the public, by means of signs, printed material or other form of written communication, indicating the availability of automated external defibrillators for emergency use in such public place and providing information on how to obtain automated external defibrillator training. The type, size, style, location and language of such notice shall be determined in accordance with rules promulgated by the department pursuant to subdivision f of this section. Should such rules require or allow the posting of signs made available by the department to owners or operators of a public place to serve as appropriate notice pursuant to this subdivision, the department may charge a fee to cover printing, postage and handling expenses.
4. Reports. The department shall conduct a comprehensive study and submit a report to the mayor and the council twelve months after the effective date of the local law that added this section. Such report shall include, but not be limited to, the quantities and locations of automated external defibrillators placed in public places pursuant to subdivision b of this section and the identification of any additional locations throughout the city of New York that warrant the placement of automated external defibrillators. Twenty-four months after the effective date of the local law that added this section, and annually thereafter for the next succeeding three years, the department shall submit to the mayor and the council a report indicating the quantities and locations of automated external defibrillators placed in public places pursuant to subdivision b of this section.
5. Parks. The commissioner of the department of parks and recreation shall promulgate rules identifying at least six parks in each borough under the jurisdiction of the department of parks and recreation to be considered a public place for the purposes of this section, which would not otherwise be considered such a place, and determining the quantity and location of automated external defibrillators to be placed in such parks; provided, however, that at least one of the parks identified in each borough must be over one hundred and seventy acres.
6. Rules. The department shall promulgate such rules as may be necessary for the purpose of implementing the provisions of this section, including, but not limited to, rules regarding the quantity and location of automated external defibrillators to be placed in a particular public place or general category of public place; the form of notice in which the availability of automated external defibrillators in a public place shall be made known to the public and any accompanying fee; and any information on the use of automated external defibrillators that must accompany and be kept with each automatic external defibrillator; provided, however, that the department of parks and recreation shall determine the quantity and location of automated external defibrillators placed in parks, pursuant to subdivision e of this section. Such rules shall also include, but not be limited to, required training in the use of automated external defibrillators.
7. Liability limited. Any person who, in accordance with the provisions of this section, voluntarily and without expectation of monetary compensation renders first aid or emergency treatment using an automated external defibrillator that has been made available pursuant to this section, to a person who is unconscious, ill or injured, and any person, owner or operator, entity, partnership, corporation, firm or society that purchases or makes available an automated external defibrillator as required by this section, shall be entitled to the limitation of liability provided in section 3000-a of the New York state public health law.
8. No duty to act. Nothing contained in this section shall impose any duty or obligation on any owner or operator of a public place, his or her employee or other agent, or any other person to provide assistance with an automated external defibrillator to a victim of a medical emergency.
9. Standard of care. Nothing contained in this section shall be deemed to affect the obligations or liability of emergency health providers pursuant to section 3000-b of the New York state public health law.
10. Exception. During such times as an owner or operator of a public place provides, at such public place, advanced life support by a physician, registered professional nurse or advanced emergency medical technician acting within his or her lawful scope of practice, or the use of automated external defibrillators by a physician, registered professional nurse, or advanced emergency medical technician acting within his or her lawful scope of practice, such provision shall be deemed to satisfy the requirements of subdivision b of this section, subject to rules of the department promulgated pursuant to subdivision f of this section. For purposes of this subdivision, advanced emergency medical technician shall mean an advanced emergency medical technician as defined in section three thousand one of the New York state public health law.
11. Training. At least one employee who is trained in the operation of an automated external defibrillator shall be present at the facilities of any pool under the jurisdiction of the department of parks and recreation during all hours of required supervision.

§ 17-189 Prohibition on sale of certain substances containing lead.

1. For purposes of this section, the following terms shall have the following meanings:

   1. “Candy products containing lead” shall mean any confection containing lead which the department, pursuant to rules promulgated hereunder, determines to present a risk to public health or a nuisance as defined in § 17-142 of this code.

   2. “Litargirio” shall mean any powder containing lead intended for sale for personal use, including, but not limited to, use as an anti-perspirant, deodorant, foot fungicide or as a treatment for burns and wounds.

   3. “Person” shall mean any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association or other entity or business organization.

2. No person shall sell or offer for sale, or cause any person to sell or offer for sale, candy products containing lead or products containing litargirio.
3. Violations and penalties.

   1. Any person who violates any provision of this section shall be liable for a civil penalty not to exceed two hundred and fifty dollars for each violation, provided that for a first such violation, such person may be issued a written warning in lieu of such civil penalty. Notwithstanding any provision of law to the contrary, any person who intentionally or knowingly violates any provision of this section shall be guilty of a misdemeanor punishable by a fine of not more than two hundred and fifty dollars for each violation and/or a prison term of not more than six months, and a civil penalty of not more than two hundred and fifty dollars for each violation.

4. Enforcement. The department and the department of consumer affairs shall enforce the provisions of this section. A proceeding to recover any civil penalty authorized pursuant to subdivision c of this section shall be commenced by the service of a notice of violation returnable to the administrative tribunal established by the board of health where the department issues such a notice or to the adjudication division of the department of consumer affairs where such department issues such a notice. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged. The administrative tribunal of the board of health and the adjudication division of the department of consumer affairs shall have the power to render decisions and to impose the remedies and penalties provided for in subdivision c of this section, in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.
5. Rules. The commissioner shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this section.

§ 17-190 Deaths of homeless persons and homeless shelter residents; report.

1. Definitions. For the purposes of this section, the following terms shall be defined as follows:

   1. “Homeless person” means a person who at the time of death did not have a known street address of a residence at which he or she was known or reasonably believed to have resided.

   2. “Homeless shelter resident” means a person who at the time of death lived in a homeless shelter as defined in paragraph 3 of this subdivision.

   3. “Homeless shelter” means (i) a residence operated by or on behalf of the department of homeless services; (ii) an emergency residence operated by or on behalf of the department of social services/human resources administration which is available primarily for homeless persons with HIV or AIDS related illness; or (iii) a residence operated by or on behalf of the department of housing preservation and development to the extent that such residence houses clients of the department of homeless services; provided, however, that such term shall not include any residence that is available primarily for battered women.

2. Annual report regarding deaths of homeless persons and homeless shelter residents.

   1. The department shall, by January first, April first, July first and October first of each year collect information as necessary to comply with the provisions of paragraph 3 of this subdivision regarding the incidence of deaths of homeless persons and homeless shelter residents during the quarter year which began on the first day of the sixth month preceding the month by which the information is required to be collected.

   2. In addition to the collection of quarterly information required pursuant to this subdivision, the department shall, subject to paragraph 4 of this subdivision, submit an annual report to the council and the mayor by January fifteenth of each year, (i) summarizing and aggregating, as well as updating and amending if necessary, the information collected in the immediately preceding four quarter years for which information was collected pursuant to paragraph 1 of this subdivision; and (ii) indicating the causes of death for all deaths in such report disaggregated by cause, including, but not limited to, how many such deaths were related to exposure to outdoor conditions.

   3. Such report shall also include, at a minimum, (i) the number of homeless persons who died during the preceding year, disaggregated by month, for whom there was an investigation by the office of chief medical examiner as required pursuant to section 557 of the charter, the number of homeless shelter residents who died during the preceding year, disaggregated by month, and, to the extent such information is readily available, the number of other homeless persons who died during the preceding year, disaggregated by month; (ii) the community board district where each such decedent died, disaggregated within each such district by whether the death occurred outdoors, in a hospital, in a nursing home and/or other residential health care facility, in a homeless shelter, or, to the extent such information is available, in another facility, residence or other type of location, provided, however, that the location of decedents who died in a residence operated by or on behalf of the department of social services/human resources administration which is available primarily for homeless persons with HIV or AIDS related illness shall be provided by borough; (iii) an indication as to whether the decedent was known to be living in a homeless shelter at the time of death and the community board district in which such homeless shelter is located, provided, however, that the location of the residence of decedents known to be living in a homeless shelter operated by or on behalf of the department of social services/human resources administration which is available primarily for homeless persons with HIV or AIDS related illness shall be provided by borough; and (iv) the age or approximate age and gender of each such decedent; provided, however, that in cases where the identity of a decedent is unknown or in cases where it is unknown whether such decedent was a homeless person or a homeless shelter resident, the department shall provide the information required by this paragraph during the year that such information becomes available, as well as the date or approximate date such death occurred.

   4. The department may withhold information from an annual report about an individual decedent otherwise required pursuant to this subdivision to the extent that such withholding is necessary to avoid disclosing the identity of such decedent, provided that the department shall specify when such information is withheld and shall report all other information about such decedent that will not reveal the identity of such decedent.

   5. In each annual report required pursuant to this subdivision, the department shall describe the methodologies used to identify homeless persons and homeless shelter residents and provide an analysis of the reliability and validity of such methodologies.

   6. The quarterly information and annual reports required pursuant to this subdivision shall be made available to any member of the public upon request.

3. Rules. The department after public hearings shall promulgate such rules as are necessary to implement the provisions of this section.

§ 17-191 Child fatality review advisory team.

1. For purposes of this section, the term “child fatality” shall mean the death of any person in the city of New York under the age of thirteen where (1) the death is unanticipated, (2) the death is the result of trauma, or (3) the circumstances of the death are suspicious, obscure or otherwise unexplained; provided, however, that such term shall not include the death of any person under the age of thirteen where such death is the subject of a pending criminal investigation, prosecution or appeal.
2. There shall be established within the department, in accordance with all applicable state and local laws, a child fatality review advisory team to examine the facts and circumstances relating to child fatalities. The team shall consist of the commissioner of the administration of children’s services, or his or her designee; the commissioner of the police department, or his or her designee; the chief medical examiner, or his or her designee; the commissioner of the department of health and mental hygiene, or his or her designee; and, if required by applicable law, the commissioner of the New York state office of children and family services, or his or her designee. The chancellor of the department of education, or his or her designee, may become a member of the team at his or her discretion. The mayor shall appoint to the team a maximum of two additional individuals, including at least one pediatrician and at least one person who advocates on child-related issues; provided, however, that such individuals shall not hold any other public office, employment or trust. The speaker of the city council shall appoint to the team a maximum of two additional individuals, including at least one pediatrician and at least one person who advocates on child-related issues; provided, however, that such individuals shall not hold any other public office, employment or trust. The public advocate shall appoint to the team one additional individual; provided, however, that such individual shall not hold any other public office, employment or trust.
3. Each member of the child fatality review advisory team, other than any member serving in an ex officio capacity, or such member’s designee, and, if he or she chooses to serve, the chancellor of the department of education, or his or her designee, shall serve for a term of two years, and may be removed from office for cause. Any vacancy shall be filled in the same manner as the original appointment.
4. All members of the child fatality review advisory team shall serve without compensation, except that each member shall be allowed actual and necessary expenses to be audited in the same manner as other city charges.
5. Except as otherwise provided in this section, no person shall be ineligible for membership on the child fatality review advisory team because such person holds any other public office, employment or trust, nor shall any person be made ineligible to or forfeit such person’s right to any public office, employment or trust by reason of such appointment.
6. The child fatality review advisory team shall meet at least four times a year. The commissioner of the department of health and mental hygiene shall serve as chairperson of the team and shall convene the first meeting of the team within ninety days after the effective date of the local law that added this section.
7. The child fatality review advisory team’s work shall include, but not be limited to, reviewing aggregate data relating to child fatalities and formulating recommendations regarding methods of improving the protection of children in order to decrease the future incidence of child fatalities in the city of New York.
8. The child fatality review advisory team may request information from any agency as may be necessary to carry out the provisions of this section, in accordance with all applicable laws, rules and regulations, including, but not limited to, laws related to attorney-client privilege, attorney work product, material prepared for litigation and disclosure of agency records under the public officers law. The team may also request such information from any not-for-profit organization which provided services to the victim of a child fatality or to the family members of such victim, in accordance with all applicable laws, rules and regulations, including, but not limited to, laws related to attorney-client privilege, attorney work product, material prepared for litigation and confidentiality. Nothing in this subdivision shall be construed as limiting any right or obligation of agencies pursuant to the public officers law, including the exceptions to disclosure of agency records contained in such law, with respect to access to or disclosure of records or portions thereof. The team shall keep confidential all information that it receives and protect the privacy of all individuals involved in the child fatality cases that it reviews to the extent provided by law.
9. The child fatality review advisory team shall submit to the mayor, the speaker of the city council and the public advocate, annually, a report including, but not limited to, the number of child fatality cases which occurred in the city of New York during the previous year; statistics regarding the causes of child fatalities; specific non-identifying data with respect to the victims of child fatalities, such as gender, age and race, and, if available, religion and ethnicity; statistics regarding the location of child fatalities, disaggregated by borough; and recommendations regarding ways to decrease the future incidence of child fatalities in the city of New York.

§ 17-192 Foods containing artificial trans fat.

1. Definitions. The following terms shall have the following meanings:

   1. “Artificial trans fat” shall have the meaning as such term is defined in section 81.08 of the health code of the city of New York or any successor provision.

   2. “Food service establishment” shall have the meaning as such term is defined in section 81.03 of the health code of the city of New York or any successor provision.

   3. “Mobile food unit commissary” shall have the meaning as such term is defined in section 89.01 of the health code of the city of New York or any successor provision.

2. Artificial trans fat restricted. No foods containing artificial trans fat shall be stored, distributed, held for service, used in preparation of any menu item or served by any food service establishment or by any mobile food unit commissary; provided that this subdivision shall not apply to food that is served directly to patrons in a manufacturer’s original sealed package.
3. Rules. The department may promulgate such rules as may be necessary to implement the provisions of this section.

§ 17-193 Trauma scenes.

1. Definitions. For purposes of this section, the following terms shall have the following meanings:

   1. “City” shall mean the city of New York.

   2. “City property” shall mean any property owned and managed by the city.

   3. “Trauma” shall mean any serious physical injury or death.

   4. “Trauma scene” shall mean any area where a trauma occurred that has been visibly contaminated by human blood or bodily fluids as a result of such trauma.

   5. “Trauma scene management” shall mean the use of procedures and materials sufficient to clean and decontaminate a trauma scene and safely remove human blood or bodily fluids and other appropriate waste as determined by the department from such scene.

2. City property. The department shall establish guidelines for trauma scene management on city property that shall be followed by city agencies, subject to applicable emergency response protocols, which shall include, but not be limited to, procedures regarding:

   1. the immediate restriction of access to a trauma scene;

   2. the cleaning and decontamination of a trauma scene including, but not limited to, the application of appropriate disinfectants to such scene; and

   3. the removal of any waste, including but not limited to, waste generated from cleaning and decontamination activities and the disposal of such waste in accordance with applicable laws and guidelines.

3. Property other than city property. The department shall establish guidelines for trauma scene management on property other than city property within the city and post such guidelines on an appropriate website. Where a trauma scene occurs on or within any portion of such property, a member of the police department or fire department responding to such scene shall inform the owner, resident or occupant of such property that such guidelines may be obtained by calling 311 or accessing the website established by the city for such purpose. Such guidelines shall include, but not be limited to:

   1. guidelines for trauma scene management established pursuant to subdivision b of this section and modified, where appropriate, to include procedures for trauma scene management that may be undertaken by such owner, resident or occupant on such property;

   2. contact information for the New York state office of victim services and information indicating how such owner, resident or occupant can apply to such office for financial assistance to help cover the cost of professional clean up of a trauma scene, including how application forms can be obtained at the office’s local office or website;

   3. contact information for any organization that certifies professional trauma scene clean-up companies in the New York city area; and

   4. a statement indicating that private insurance might cover the cost of professional clean-up of a trauma scene and that such owner, resident or occupant should contact his or her insurance carrier for further information.

4. Rules. The commissioner shall promulgate rules and regulations as may be necessary to carry out the provisions of this section.

§ 17-194 Drinking water tank inspections.

1. Definitions. For purposes of this section, the following terms shall have the following meanings:

   Building. The term “building” means any building, structure, premises, or part thereof.

   Drinking water. The term “drinking water” means water used for human consumption or used directly or indirectly in connection with the preparation of food for human consumption, including, but not limited to, the cleaning of utensils used in the preparation of food.

   Owner. The term “owner” means any owner, manager, operator or other person or persons having control of a building and any authorized agent thereof.

   Water heater. The term “water heater” means any heating appliance or equipment that heats potable water and supplies such water to the potable hot water distribution system.

   Water tank. The term “water tank” means any device used to store drinking water that is distributed as part of the water supply system of a building, however such term shall not apply to domestic hot water heaters.

   Water tank inspector. The term “water tank inspector” means a person that inspects a water tank pursuant to this section and is (i) a licensed master plumber pursuant to article 408 of chapter 4 of title 28, (ii) works under the direct and continuing supervision of such a licensed master plumber, or (iii) is a registered design professional as defined in section 28-101.5.

2. Any owner of a building that has a water tank as part of its drinking water supply system shall have such water tank inspected at least once annually. Such inspection shall ensure that the water tank complies with all provisions of the administrative code of the city of New York, the construction codes of the city of New York and the health code of the city of New York. The results of such inspection shall be recorded in a manner prescribed by the commissioner. Such results shall be maintained by the owner and by the water tank inspector for at least five years from the date of inspection and shall be made available to the department upon request within five business days. An owner shall ensure that documentation of such annual inspection shall be submitted to the department by the water tank inspector, in a form and manner prescribed by the department. Such documentation shall state whether or not all applicable requirements were met at the time of inspection and provide a description of any non-compliance with applicable requirements. Such documentation shall include visual depictions, such as photographs or videos, which display the interior and exterior of the water tank. The department may require an owner to conduct additional inspections and provide any additional documentation, including receipts of work orders, or visual depictions such as photographs or videos. The department may require that any document submitted to the department pursuant to this section be submitted electronically.
3. The inspection of a water tank pursuant to subdivision b of this section shall be conducted by a water tank inspector. In addition to the requirements of the New York city health code, the cleaning, painting or coating of a water tank shall be conducted by a water tank inspector, or by a person who holds a commercial pesticide applicator certification in category 7G issued by the New York state department of environmental conservation or works under the direct supervision of a person holding such certification.
4. The owner of a building shall post a notice stating that (i) the water tank inspection results are maintained on file in a specific location and will be made available when a person makes such a request to either the building owner or manager and (ii) that a person may contact the department if the inspection results are not made available to such person by the building owner or manager. Upon receipt of such request, the owner or manager shall make a copy of the inspection results available within five business days. Such notice shall be posted in a location easily accessible to tenants and in a frame with a transparent cover, and may be combined with similar notices where not otherwise prohibited by law.
5. Beginning March 1, 2019, and each year thereafter, the department shall submit to the council a report which shall provide information about water tank inspections for the preceding calendar year including, but not limited to:

   1. The estimated number of building water tanks and the estimated number of buildings serviced by such tanks;

   2. The number of complete building water tank inspection results received by the department pursuant to subdivision b of this section;

   3. The number of building water tank inspection results received by the department that documented compliance with applicable requirements; and

   4. The number of violations issued by the department pursuant to subdivision j of this section, section 141.07 of the health code or chapter 31 of title 24 of the rules of the city of New York.

6. Water tank inspection information on website. Within 35 business days of receiving the documentation of an annual inspection required pursuant to subdivision b, the department shall post such documentation on its website and the web portal providing access to public data sets described in section 23-502. The department’s website shall provide notice that failure to conduct a required water tank inspection is a violation of law. Information available to the public shall include:

   1. Guidance to assist users in accessing any prior inspection report for a building available on the web portal providing access to public data sets described in section 23-502;

   2. Guidance to assist users in determining whether a building is required to have a water tank inspection pursuant to this section or section 141.07 of the health code; and

   3. Information about how to submit a complaint about a water tank, or water from a water tank, to the department.

7. Any owner of a building shall have a duty to maintain a water tank and such water tank’s supporting structures in a safe condition. If, as a result of an annual inspection required by subdivision b of this section, it is determined that a water tank or its supporting structure is structurally unsafe or dangerous, the water tank inspector or owner shall take such actions as are required by section 28-301.1 and report such condition to the department of buildings in writing.
8. 1. The department shall periodically audit a sample of buildings’ documentation of the annual inspections required to be maintained pursuant to subdivision b of this section. Such audit shall review such documentation for accuracy and the department may conduct such audits without prior notice to a building’s owner, as authorized by law. The department shall also annually inspect 125 water tanks, selected at random by the department, for compliance with this section.

   2. The department shall post the results of such periodic audits and inspections on its website and the web portal providing access to public data sets described in section 23-502 within 35 days of conducting such a periodic audit or inspection.

1. 1. Wherever harmful bacteria are found in a water tank and reported to the department in accordance with section 141.07 of the health code, or where a water tank has been the subject of certain violations within the prior 12 months identified by the department, the department shall review documentation of the annual inspections required by subdivision b of this section for such water tank. The department may review such documentation without prior notice to the building’s owner, as authorized by law.

   2. The department shall post the results of the documentation review required by paragraph 1 of this subdivision on its website and the web portal providing access to public data sets described in section 23-502 within 35 days of such review.

10. Any owner of a building who violates subdivisions b or c of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not less than $200 and not to exceed $2,000 for each violation. Any owner of a building who violates subdivision d of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not to exceed $250 for each violation. Any owner of a building who violates subdivision g of this section shall be liable for a civil penalty not less than $200 and not to exceed $2,000 for each violation.

§ 17-194.1 Cooling towers; maintenance and inspection.

1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Building. The term “building” has the same meaning as in section 28-101.5 of this code.

   Cooling tower. The term “cooling tower” has the same meaning as in section 28-317.2 of this code.

   Owner. The term “owner” has the same meaning as in section 28-101.5 of this code.

2.    Registration. An owner of a building that has a cooling tower shall register the cooling tower with the department of buildings in accordance with article 317 of chapter 3 of title 28 of this code.
3.    Maintenance program and plan. An owner of a building that has a cooling tower shall develop and implement a maintenance program and plan for such cooling tower that is in accordance with sections 5, 6, and 7.2 of the American society of heating, refrigeration and air-conditioning engineers standard 188 for the year 2015 and with the manufacturer’s instructions. Such program and plan shall be developed by a qualified person.
4.    Cleaning and disinfection after extended shut-down. At a minimum, an owner shall clean and disinfect cooling towers that are shut-down for more than five days. Cleaning and disinfection shall occur within 15 days before the use of such tower.
5.    Minimum requirements for inspections and testing. At a minimum, cooling towers, other than cooling towers whose use has been permanently discontinued and for which a notice of such discontinuation has been sent to the department of buildings, shall be inspected and tested at least as frequently as every three months during periods of the year such cooling towers are in use.

   1. Each inspection shall include an evaluation of the cooling tower and associated equipment for the presence of organic material, biofilm, algae and other visible contaminants.

   2.    Each inspection shall include a test for the presence of microbes in the water of the cooling tower. The department shall by rule establish (i) the targets and acceptable methods of microbial testing and laboratory analysis, (ii) the levels of microbes in cooling towers that are indicative of a maintenance deficiency requiring mitigation, including but not limited to maintenance to prevent potential health risks, and (iii) the levels of microbes in cooling towers that present a serious health threat and require immediate action and reporting.

      (a) Where the results of any such test indicate levels of microbes that are indicative of a maintenance deficiency requiring mitigation, including but not limited to maintenance to prevent potential health risks, the owner of the building that has such cooling tower shall, within 48 hours after such owner knows or reasonably should know of such results, clean and disinfect the cooling tower in accordance with the rules of the department.

      (b) Where the results of any such test indicate levels of microbes that present a serious health threat, the owner of the building that has such cooling tower shall, within 24 hours after such owner knows or reasonably should know of such results, (i) notify the department and (ii) clean and disinfect the cooling tower, including an additional application of biocide, in accordance with the rules of the department.

6. Inspections, cleaning and disinfection. All inspections, cleaning and disinfection required by this section shall be performed by or under the supervision of a qualified person. For any inspection that includes tests conducted pursuant to paragraph 2 of subdivision e of this section, such qualified person shall, within five days of such inspection, report to the department the date on which such inspection occurred, and the department shall make that date available on a city website. The owner shall ensure that such report is submitted to the department by the qualified person within five days of the inspection. When the department inspects a property pursuant to paragraph 1 of subdivision i of this section, it shall check the accuracy of the dates reported pursuant to this subdivision against the dates of inspection in the records of the property owner.
7. Abatement. Where an owner does not clean and disinfect a cooling tower within the time and manner set forth in subdivision e, the department may serve an order on the owner requiring compliance within a specified time. If such order is not complied with the department may authorize any agency of the city to act as agent of the department in executing such order and may recover the costs of such execution from the owner in accordance with any of the methods set forth in sections 17-149 through 17-158.
8. Recordkeeping.

      1. An owner shall keep and maintain records of all inspections and tests performed pursuant to this section for at least three years. An owner shall maintain a copy of the maintenance program and plan required by subdivision c of this section on the premises where a cooling tower is located. Such records and plan shall be made available to the department immediately upon request.

      2. An owner shall make available the results of each inspection conducted pursuant to subdivision e of this section to any member of the public within five business days of a request, or within five business days of the receipt of such results by such owner, whichever is later.

1. Enforcement.

   1. An officer, employee or agent of the department may enter onto any property to inspect the cooling tower, and review and obtain a copy of any records or plan required to be kept under subdivision h of this section, for compliance with the requirements of this section or any of the rules promulgated thereunder, in accordance with applicable law.

   2. (i) Any owner of a building who violates any provision of this section or any of the rules promulgated thereunder shall be liable for a civil penalty of not more than $2,000 for a first violation, and not more than $5,000 for a second or subsequent violation, except that such owner shall be liable for a penalty of not more than $10,000 for any violation that is accompanied by or results in a fatality or serious injury.

      (ii) In addition to any civil penalties under this subdivision, a violation of an order pursuant to subdivision g of this section shall be a misdemeanor punishable by a fine of not more than $25,000 or imprisonment for not more than one year, or both.

      (iii) A notice of violation served for civil penalties pursuant to this section shall be returnable at the environmental control board or any tribunal established within the office of administrative trials and hearings.

10. Electronic reporting. The department may require any submission required by this section be submitted electronically.
11. Guidance for building owners. The department, in consultation with the department of buildings, shall hold information sessions, at least twice annually, for interested building owners, regarding the requirements for maintaining, cleaning, and inspecting cooling towers in accordance with this section. The information provided in such information sessions shall also be posted on the website of the department in simple and understandable terms.
12. The commissioner, in consultation with the department of buildings, shall submit a report to the mayor and the speaker of the city council on or before May 15 each year until May 15, 2025, reporting on the following information for the prior year:

   1. The number of new cooling tower registrations pursuant to section 28-317.3 and the number of notifications of discontinued use of a cooling tower pursuant to section 28-317.3.1 received by the department of buildings through November 1 of the prior year;

   2. The number of annual certifications that a cooling tower was inspected, tested, cleaned and disinfected pursuant to section 28-317.5 received by the department of buildings through November 1 of the prior year;

   3. The number of reports of tests for the presence of microbes that reveal levels that present a serious health threat received by the department pursuant to paragraph 2 of subdivision e of this section;

   4. The number of inspections of cooling towers conducted pursuant to subdivision i of this section and the rules of the department, the number and types of any violations cited during such inspections, and the number of buildings registered pursuant to subdivision b of this section by November 1 of the prior year that were not inspected;

   5. The number of cleanings, disinfections or other actions performed by or on behalf of the department pursuant to subdivision f of this section; and

   6. The number of persons diagnosed with legionnaires’ disease in the city in each of the previous 10 years, to the extent known or reasonably discoverable by the department.

13. In addition to the requirements of section 23-502, the results of each inspection of a cooling tower by the department conducted after the effective date of this section pursuant to paragraph 1 of subdivision i of this section shall be posted in a searchable format on the website of the department and maintained on such website for no less than three years.

Editor’s note: division c. of this § 17-194.1 takes effect on 3/1/2016; divisions e., f., g., h., and i. of this § 17-194.1 take effect upon the promulgation of rules by the department of health and mental hygiene; see L.L. 2015/077 § 4.

§ 17-195 Food allergy posters.

1. Definitions.

   1. “Covered languages” shall mean Chinese, English, Korean, Russian and Spanish, and any other language determined by the department.

   2. “Food service establishment” shall have the meaning as such term is defined in section 81.03 of the health code of the city of New York, except that it shall apply exclusively to restaurants where food is sold and space is designated specifically as an eating area.

2. The department shall create a poster containing information on food allergy to be posted in food service establishments. Such poster shall be printed in the covered languages and shall be made available by the department to food service establishments.
3. Every food service establishment shall post, in accordance with the rules of the department, the poster containing information on food allergy created by the department pursuant to subdivision b of this section in a conspicuous location accessible to all employees involved in the preparation of food and the service of food.
4. The department may charge a fee to cover printing, postage and handling expenses in connection with making the poster available to food service establishments.
5. Any food service establishment that violates subdivision c of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not to exceed one hundred dollars for each violation.

§ 17-196 Electronic death registration system.

1. Definition. For the purposes of this section, the term “responsible person” shall mean any individual, governmental body or division thereof or corporate entity authorized by the department to use the electronic death registration system.
2. Development of an electronic death registration system. The department shall, subject to the approval of the board of health, develop an electronic death registration system. Such electronic death registration system shall include an internet based electronic method of collecting, storing, recording, transmitting, amending and authenticating information necessary to complete a death registration. Such system shall enable the department to produce certified death certificates and amended death certificates, as well as burial, transportation, cremation and disinterment permits, and any such other related documents determined by the department as capable of being produced and transmitted by such system. Such system shall, with the exception of certified death certificates and amended death certificates, be able to transmit information and documents to remote local printers or facsimile machines of responsible persons for printing. Such system shall include an electronic payment system by which all fees, including, but not limited to, those relating to data recordation and the issuance of permits and certified copies of death certificates, may be transmitted to the department. The department shall ensure that the electronic death registration system be designed in such a way so as to best facilitate convenient access by responsible persons in a manner consistent with ensuring system security.
3. Implementation.

   (i) By October 1, 2006, the department shall ensure that at least sixty percent of all deaths occurring within the city of New York are registered via the electronic death registration system.

   (ii) By October 1, 2008, the department shall ensure that the electronic death registration system is accessible to all responsible persons who seek to use such system for the registration of deaths occurring within the city of New York and that at least seventy-five percent of all deaths occurring within the city of New York are registered via such system.

4. Emergency events; exceptions. In the event of an emergency declared by the commissioner or the mayor, or exigent circumstances declared by the commissioner or chief medical examiner on a case-by-case basis, the electronic death registration system shall not be required as the means for the registration of deaths.
5. Training and certification. By October 1, 2004, the department shall develop a training curriculum and implement a training program based on such curriculum to train all responsible persons and their designees pursuant to subdivision f of this section in the operation and use of the electronic death registration system. The department shall ensure that such training program be offered at least four times a year at various locations throughout the city of New York at a price reasonably related to the cost of providing such training. Such programs may be operated by the department or by a private entity, including, but not limited to, health care facilities and relevant professional associations and societies, pursuant to an agreement with the department. At the successful completion of such training, such responsible persons and their designees shall receive a certification from the department indicating that such training was successfully completed.
6. Access.

   (i) A responsible person may designate one or more employees of such responsible person to input information into the electronic death registration system under the supervision of such responsible person, but who are not authorized to authenticate such information.

   (ii) By November 1, 2004, the department shall provide at least two computer workstations at all burial desks operated by the office of vital statistics for the use of responsible persons to input information into the electronic death registration system.

7. Violations. Any responsible person who violates any rules promulgated pursuant to this section shall be liable to pay a penalty as provided by the health code of the city of New York, the administrative code of the city of New York or any other applicable law, rule or regulation.
8. Advisory panel. Not later than sixty days after the effective date of the local law that added this section, there shall be established within the department an advisory panel to advise the commissioner on issues relating to the design, implementation and maintenance of the electronic death registration system. Such advisory panel shall consist of the commissioner or his or her designee, the chief medical examiner or his or her designee and at least eight additional members, four of whom shall be appointed by the mayor and four of whom shall be appointed by the speaker of the city council. With respect to the mayor’s appointments, one shall represent the interests of private hospitals operating within the city, one shall represent the interests of public hospitals operating within the city and two shall represent the interests of funeral directors operating within the city. With respect to the appointments by the speaker of the city council, one shall represent the interests of private hospitals operating within the city, one shall represent the interests of public hospitals operating within the city and two shall represent the interests of funeral directors operating within the city. All members of the advisory panel shall serve without compensation. The commissioner or his or her designee shall serve as the chair of such advisory panel. The advisory panel shall be convened at least four times each year and shall be disbanded on October 1, 2009.
9. Report. Not later than six months after the effective date of the local law that added this section, and every six months thereafter, the department shall submit a report to the mayor and the council reviewing the development and implementation of the electronic death registration system.
10. Rules. By November 1, 2004, the department shall promulgate rules in accordance with this section, and such other rules as may be necessary for the purpose of implementing and carrying out the provisions of this section. Such rules shall include a schedule of fees relating to the issuance of permits and certified death certificates that are reasonably related to the cost of operating and maintaining the electronic death registration system.

§ 17-197 Restraining animals outdoors.

1. 1.    No person shall tether, leash, fasten, secure, restrain, chain or tie an animal to a stationary object outdoors, or cause such animal to be so restrained, for longer than three continuous hours in any continuous twelve-hour period.

   (2) Any person who tethers, leashes, fastens, secures, restrains, chains or ties an animal to a stationary object outdoors for a permissible period of time shall provide such animal with adequate food, water and shelter, and shall restrain the animal with a device having swivels at both ends that is of an adequate length for the type and size of animal being restrained, provided, however, that the requirement to provide adequate food, water and shelter shall not apply to a person who restrains an animal while completing a task for a period of time that is fifteen minutes or less in duration.

2. Notwithstanding the provisions of subdivision a of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain any animal for any amount of time with a device that:

   (1) is a choke collar or pinch collar;

   (2) has weights attached or contains links that are more than one-quarter inch thick;

   (3) because of its design or placement is likely to become entangled;

   (4) is long enough to allow the animal to move outside of its owner’s property; and

   (5) would allow the restrained animal to move over an object or edge that could result in the strangulation of or injury to such animal.

3. Any person who violates the provisions of this section or any of the rules promulgated thereunder shall, for a first offense, be guilty of a violation punishable by a fine not to exceed two hundred fifty dollars, provided that such person shall be issued a written warning instead of such fine for such first offense where such animal was not injured as a result of being restrained in violation of this section. For any subsequent offense within a continuous twelve-month period, such person shall be guilty of a class B misdemeanor punishable by a fine not to exceed five hundred dollars or by imprisonment of not more than three months, or both. In addition to such penalties, any person who violates this section shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than five hundred dollars.
4. Authorized officers, veterinarians and employees of the department, agents of the American Society for the Prevention of Cruelty to Animals and any other persons designated by the commissioner shall be empowered to enforce the provisions of this section or any rule promulgated hereunder. Violations of this section may be supported by evidence including, but not limited to, time-stamped photographs and video, records of complaints, and sworn witness statements.
5. The provisions of this section shall not be construed to prohibit the department, the American Society for the Prevention of Cruelty to Animals or any law enforcement officer from enforcing any other law, rule or regulation regarding the humane treatment of animals.
6. The provisions of subdivision (a) of this section shall not apply to the officers or employees of any federal, state or city law enforcement agency.

§ 17-198 Hepatitis B and hepatitis C data compilation and reporting.

On or before September 30 of two thousand sixteen and each year thereafter, the department shall submit an annual report to the speaker of the council and the mayor detailing the department’s efforts to identify and prevent the spread of hepatitis B and hepatitis C during the preceding calendar year.

1. Such annual report shall, at minimum, provide separate data on hepatitis B and hepatitis C, disaggregated by disease where applicable, including:

   (i) the number of persons newly reported to the department with hepatitis B and hepatitis C infections;

   (ii) the prevalence of diagnosed cases;

   (iii) the top five causes of hepatitis B and hepatitis C infections in newly reported cases to the department where a cause is indicated;

   (iv) the demographic information, including age, gender, zip code or other neighborhood-level designation, borough and, in cases where data is available, country of birth, of persons infected with hepatitis B and persons infected with hepatitis C;

   (v) the demographic information, including, to the extent available, age, gender, zip code or other neighborhood-level designation, borough, race, ethnicity and national origin of persons infected with hepatitis B and of persons infected with hepatitis C who receive care or treatment in a program operated or contracted by the department or which receives funding from the council. The department shall also report any such information provided to it by the New York city health and hospitals corporation;

   (vi) the number of deaths where hepatitis B and the number of deaths where hepatitis C is listed as the immediate cause of death or the immediate or underlying cause of death on a person’s medical certificate of death, and the number of deaths where hepatitis B, hepatitis C or liver cancer is listed as a significant condition contributing to death on a person’s medical certificate of death;

   (vii) the number of new liver cancers diagnosed;

   (viii) the number of new liver cancers diagnosed for which it has been reported to the department that the person also has hepatitis B or hepatitis C, provided, however, that the department is able to obtain the requisite information from the New York state department of health in order to complete such reporting;

   (ix) in cases of hepatitis B or hepatitis C diagnosed in a viral hepatitis program operated or contracted by the department or which receives funding from the council, the number of persons linked to care; the number of persons evaluated for treatment; the number of persons who have started treatment; and the number of persons who have completed treatment. The department shall also report any such information provided to it by the New York city health and hospitals corporation;

   (x) the number of hepatitis B vaccine doses given and three-dose series completed for hepatitis B for persons who receive care or treatment in a program operated or contracted by the department, including those for whom care or treatment is provided by sites that are contracted to provide department-provided hepatitis B vaccine and those for whom care or treatment is provided by entities that voluntarily provide such information to the department, and the number of hepatitis B vaccine doses given and three-dose series completed for hepatitis B for children;

   (xi) the number of pregnant women with hepatitis B including their race, ethnicity and geographic region of birth;

   (xii) funding for the previous fiscal year allocated and used specifically on hepatitis B and hepatitis C related programs through both full time equivalent staff and from grants or funding to non-governmental organizations; and

   (xiii) a description and list of community outreach efforts targeting hepatitis B and hepatitis C. Provided, however, that the information in paragraph (i) of this subdivision shall be provided every two years beginning in the second year of reporting, the information in paragraphs (ii) and (viii) of this subdivision shall be provided every five years beginning in the second year of reporting and the information in paragraph (vi) of this subdivision shall be provided every three years beginning in the second year of reporting.

2. In addition to any other data the department may deem relevant, such report shall include:

   (i) a list of programs and measurable outcomes of such programs, relating to hepatitis B and hepatitis C, including, but not limited to, those programs provided through the department’s perinatal hepatitis B prevention program; and

   (ii) identification of best practices in programs and/or strategies that could be implemented by the department, non-governmental organizations or other state or federal entities that effectively address hepatitis B and hepatitis C prevention, treatment, care, outreach and education.

3. The annual reports required pursuant to this section as well as any materials distributed by the department in conjunction with programs or initiatives involving hepatitis B and C shall be made available on the department’s website and to any member of the public upon request.
4. Information required by this section shall be reported in a manner consistent with the requirements of section 11.11(a)(2) of the New York city health code, or successor provision thereto.

§ 17-199 Health services in correctional facilities.

1. The department shall submit to the mayor and the speaker of the council no later than July 15, 2015, and every three months thereafter, a report regarding the medical and mental health services provided to inmates in city correctional facilities during the previous three calendar months that includes, but need not be limited to:

   (i) performance indicators reported to the department by any entity providing such services;

   (ii) a description of the methodology used in measuring such performance;

   (iii) the metrics utilized to determine whether such performance measures meet targets established by the department and any entity providing such services;

   (iv) the results of such determinations; and

   (v) any actions that the department has taken or plans to take in response to the data reported, including the imposition of liquidated damages.

2. The report required by subdivision a of this section shall also be posted on the department’s website, with the data in such report posted in a non-proprietary searchable machine-readable format, and shall be maintained on such website for no fewer than ten years.
3. If no such performance indicators relating to (i) intake, (ii) follow-up care, (iii) patient safety, (iv) preventable hospitalizations, or (v) preventable errors in medical care, are reported to the department, the department shall include performance data relating to such indicators as a part of the report required by subdivision a of this section.
4. Notwithstanding any other requirement of this section, personally identifiable information contained in health records shall not be included in the report required by subdivision a of this section if such disclosure of such information would violate any federal, state or local law or regulation.

§ 17-199.1 Lactation rooms.

1. Definitions. For the purposes of this section, “lactation room” means a sanitary place, other than a restroom, that can be used to express breast milk shielded from view and free from intrusion and that includes at minimum an electrical outlet, a chair, a surface on which to place a breast pump and other personal items, and nearby access to running water.
2. Every job center, SNAP center, or medical assistance program center of the department of social services/human resources administration; city-owned borough office of the administration for children’s services and the Nicholas Scoppetta children’s center; and health center operated or maintained by the department shall, where practicable, make at least one lactation room available upon request to an individual utilizing on-site services. The presence of such a lactation room shall not affect such an individual’s right to breastfeed in public pursuant to article 7 of the civil rights law.
3. Every city jail operated by the department of correction that accepts visitors and precinct operated by the police department shall, where practicable in a publicly-accessible and non-secure area, and provided that the functions of the department of correction or police department will not be materially affected, make at least one lactation room available upon request to an individual utilizing on-site services. The department of correction and the police department shall submit to the speaker of the council (i) on or before August 1, 2019, a report in a machine-readable format providing each such city jail and precinct where such department has determined that it is not practicable to make a lactation room available in accordance with this subdivision, along with an explanation for why it is not practicable, disaggregated by building, and (ii) on or before every August 1 thereafter, information regarding any plans to improve access to or provide for lactation rooms. The presence of such a lactation room shall not affect such an individual’s right to breastfeed in public pursuant to article 7 of the civil rights law.
4. The department shall create a poster containing information on breast-feeding, an individual’s right to nurse in public, and the availability of lactation rooms pursuant to this section. Such poster shall be made available on the department’s website, shall be displayed in any lactation room required to be made available pursuant to this section, and shall be displayed in a clear and conspicuous manner in the waiting room of any public space where a lactation room is required to be made available pursuant to this section. No later than one year after the effective date of the local law adding this subdivision, the department shall create a list of all locations with lactation rooms available pursuant to this section. Such list shall be made available on the department’s website.
5. The department of education shall submit to the speaker of the city council on or before August 1, 2017, and on or before every August 1 thereafter, a report summarizing the policies at New York city public schools to allow a student or the parent or guardian of a student access to a lactation room upon request. Such report shall indicate how information regarding such policies was communicated to students, parents and guardians during the previous school year.
6. The department may promulgate rules to implement the provisions of this section including, but not limited to, establishing training programs for staff working at locations required to make a lactation room available pursuant to subdivision b, and providing guidelines concerning the location of a lactation room.

§ 17-199.2 Contraceptives reporting.

No later than September 30, 2017, and annually no later than September 30 of each year, the department shall submit to the speaker and post on its website, or shall include in the mayor’s management report prepared pursuant to section 12 of the charter, the most recent fiscal year data available regarding commonly used contraceptive methods. Such data shall be collected no less than annually for adults, and no less than biennially for high school students. Such data shall also be disaggregated by age group, education, race or ethnicity, and community district, where available and statistically reliable.

§ 17-199.3 Maternal mortality and morbidity annual report.

1. For purposes of this section, the following terms have the following meanings:

   Maternal health. The term “maternal health” means the health of a person before, during, and after a pregnancy.

   Maternal mortality. The term “maternal mortality” means the death of a person that occurs during a pregnancy, or within one year from the end of pregnancy, regardless of the duration of such pregnancy.

   Pregnancy-Associated Death. The term “pregnancy-associated death” means the death of a person from any cause during pregnancy or within one year from the end of pregnancy.

   Pregnancy-Related Death. The term “pregnancy-related death” means the death of a person during pregnancy or within one year from the end of pregnancy that is due to a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy.

   Severe maternal morbidity. The term “severe maternal morbidity” means a life-threatening complication affecting a person before, during, or after a pregnancy.

2. No later than September 30, 2019 and no later than September 30 annually thereafter, the department shall submit to the speaker of the council and publish in a machine-readable format the most recent calendar year data available regarding maternal mortality in the city, to the extent such data is made available to the department. Data submitted shall not jeopardize the confidentiality of the pregnant person or mother and shall include, but not be limited to:

   1. The total number of live births; and the total number of maternal mortalities, disaggregated by information about the pregnant person or mother where such disaggregated data is available. Such data shall be disaggregated by, but not limited to, the following:

      (a) race or ethnicity;

      (b) borough of residence;

      (c) most frequent causes of maternal mortality; and

      (d) whether the death was pregnancy-associated or pregnancy-related;

   2. The total number of severe maternal morbidities, disaggregated by information about the pregnant person or mother, where such disaggregated data is available and statistically reliable. Such data shall include, but not be limited to:

      (a) race or ethnicity;

      (b) education;

      (c) borough of residence;

      (d) whether such person was born domestically or abroad;

      (e) age;

      (f) insurance status;

      (g) trimester of prenatal care entry;

      (h) preexisting health conditions;

      (i) whether such person worked during pregnancy;

      (j) whether such person had any previous miscarriages or still births; and

      (k) whether the pregnancy resulted in the first live birth for such person;

   3. The maternal mortality ratio, disaggregated by race or ethnicity and borough of residence where available and statistically reliable;

   4. Recommendations regarding actions the department, the mayor, and the council can take to improve maternal health, particularly in disproportionately impacted communities; reduce maternal mortality; and enhance cooperation among city agencies to improve maternal health, particularly those agencies that have a mandate related to maternal health, including but not limited to the commission on gender equity. In developing recommendations, the department may consider the following factors, to the extent such information is available:

      (a) the impact of factors such as prenatal care, doulas, economic, civic and social well-being, and race on pregnant persons and mothers, as they relate to maternal mortality and morbidity;

      (b) the use and effect of hospital and institutional practices, policies, and administrative tools, such as checklists related to pregnancy and parenting;

      (c) any previous traumatic events the mother or pregnant person experienced, where this information is provided and available, and whether the stress or trauma from that event might have affected the outcomes of the mother or pregnant person’s experience during pregnancy, childbirth, and the postpartum period; and

      (d) ways to analyze complications experienced by expectant parents and mothers and ways to develop equitable strategies to respond to them;

   5. An update on the implementation of the recommendations made in previous reports made pursuant to this section regarding actions that the department or mayor can take to improve maternal health and reduce maternal mortality, if any; and

   6. A list of data sources used in the development of reports made pursuant to this section.

3. No later than September 30, 2019, and by September 30 of every fifth year thereafter, the department shall submit to the speaker and publish in a machine-readable format additional data regarding maternal mortality in the city, for the most recent five-year period for which data is available. Data submitted shall not jeopardize the confidentiality of the pregnant person or mother and shall include, but not be limited to:

   1. age;

   2. education;

   3. whether such person was born domestically or abroad;

   4. whether the maternal mortality occurred in a hospital or inpatient setting, emergency room or outpatient setting, at home, or in another location;

   5. trimester of prenatal care entry;

   6. interval between end of pregnancy and maternal mortality, where available;

   7. preexisting health conditions;

   8. insurance status;

   9. whether such person had any previous miscarriages or still births;

   10. whether the pregnancy resulted in the first live birth for such person; and

   11. whether such person worked during pregnancy.

4. In the development of reports made pursuant to this section, the department shall consult any review or assessment produced by the committee established pursuant to section 17-199.3.1.

§ 17-199.3.1 Maternal mortality and morbidity review committee (M3RC).

1. The department shall establish a committee to examine maternal mortality, as such term is defined in subdivision a of section 17-199.3; severe maternal morbidity, as such term is defined in subdivision a of section 17-199.3; and analyze clinical factors and social determinants of health. Factors that such committee may consider include, but need not be limited to:

   1. the cause of each maternal mortality; and

   2. whether such mortality was pregnancy-related or not.

2. Members of the committee shall represent a multi-disciplinary panel of representatives, including but not limited to representatives from various healthcare facilities and organizations, city agencies, community based organizations with relevant experience, the doula community, researchers with relevant experience, and first responders.
3. The department shall post and update as necessary on its website a list of the disciplines represented on the committee established pursuant to this section.

§ 17-199.4 HPV vaccination reporting.

No later than September 30, 2017, and annually no later than September 30 of each year, the department shall submit to the speaker and post on its website, or shall include in the mayor’s management report prepared pursuant to section 12 of the charter, the most recent fiscal year data available on vaccination rates for New York city residents for the human papillomavirus, disaggregated by the gender of the recipient, and by age group, series initiation, and series completion. Such data shall include, but need not be limited to, anonymized information that has been reported to the department for inclusion in the citywide immunization registry.

§ 17-199.5 Wild and exotic animal circus performances prohibited.*

1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Cause a performance. The term “cause a performance” means to be financially or operationally responsible for the management of a performance, or to officially or financially sponsor a performance.

   Circus. The term “circus” means any live show or carnival which, along with clown, acrobatic, or stunt performances, features performances by live wild or exotic animals that, in order to be able to perform, have traveled in mobile housing facilities or were taken from their permanent residence and required to travel for any distance.

   Companion animal. The term “companion animal” means any domesticated animal normally maintained in or near the household of the owner or person who cares for such animal. The term “companion animal” does not include farm animals or animals that cannot be sold, given, possessed, harbored, kept or yarded pursuant to paragraph (1) of subdivision (a) of section 161.01 of the New York city health code.

   Farm animal. The term “farm animal” means poultry, sheep, swine, goats, donkeys, mules, horses, alpacas, llamas, camels, or any species of cattle.

   Wild or exotic animal. The term “wild or exotic animal” means any animal, other than a companion animal or farm animal, from any of the following superorders, orders, classes, families or clades, or any hybrid of any such animal, including a hybrid with a companion animal or farm animal:

      1. Artiodactyla (including hippopotamuses and giraffes);

      2. Canidae (including wolves, foxes and jackels);

      3. Cetacea (including whales and dolphins);

      4. Crocodilia (including alligators and crocodiles);

      5. Elephantidae (elephants);

      6. Felidae (including tigers, lions, jaguars and leopards);

      7. Hyaenidae (hyenas);

      8. Kangaroos;

      9. Non-human primates (including apes, monkeys and lemurs);

      10. Perissodactyla (including rhinoceroses, tapirs and zebras);

      11. Pinnipedia (including seals, sea lions and walruses);

      12. Struthio (ostriches); and

      13. Ursidae (bears)

2. Prohibited acts. It shall be unlawful for any person to cause a performance of any wild or exotic animal that is part of a circus.
3. Enforcement. Any authorized employee, officer, or agent of the department or any other city agency designated by the mayor may enforce the provisions of this section or any rule promulgated thereunder.
4. Rules. The commissioner may promulgate rules as may be necessary for the purpose of carrying out this section.
5. Violation and penalties. Any person who violates subdivision b of this section or any rule promulgated thereunder shall be liable for a civil penalty not to exceed $2,500 for each violation recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings; except that for a first such violation and other violations of subdivision b occurring on the same day, such person shall be liable for a civil penalty not to exceed $1,000 for each violation recoverable in a proceeding before any such tribunal. Each performance of an individual wild or exotic animal constitutes a separate violation of this section.
6. Other laws not affected. Nothing in this section shall be construed to affect any other protections or prohibitions related to animals pursuant to any other provision of law.

§ 17-199.5 Encouragement of physician referrals for indoor allergen hazards.*

1. The department shall report to the council no later than 18 months from the effective date on activities it has undertaken to educate physicians and other health care providers who treat persons with asthma about the role of indoor allergens in asthma exacerbation and the availability of inspections for asthma triggers in their patients’ primary residence by the department and the department of housing preservation and development, and on any mechanism they have to refer to the department or the department of housing preservation and development, with consent, the contact information for patients who report these conditions in their primary residence. The report shall describe what was done following such referrals, and what the outcomes were of any that were made and received during this period.

§ 17-199.6 Report of autism spectrum disorder services.*

1. No later than April 1 of each year, the department shall submit to the mayor and the speaker of the city council and post on its website, the number of individuals receiving services for autism spectrum disorders from the department or programs administered by the department, disaggregated by zip code.
2. Information required to be reported pursuant to this section shall be reported in a manner that does not violate any applicable provision of federal, state or local law relating to the privacy of information. Any category required to be reported that contains between 1 and 9 individuals, or allows another category to be narrowed to between 1 and 9 individuals, shall be reported with a symbol.

§ 17-199.6 Investigations of indoor allergen hazards in dwellings of persons with medically diagnosed moderate persistent or severe persistent asthma.*

1. The department shall establish procedures to permit doctors, nurses, or other health professionals, upon the consent of their patients, to request a department investigation of possible indoor allergen hazards in dwellings where persons reside who have been medically diagnosed with moderate persistent or severe persistent asthma. Such procedures shall provide for the referral to the department of housing preservation and development of such requests that would be subject to section 27-2017.6. The procedures shall also provide for an investigation to be made when the department is notified that a person who has been medically diagnosed with moderate persistent or severe persistent asthma is residing in a dwelling with possible indoor allergen hazards not otherwise subject to enforcement by the department of housing preservation and development under section 27-2017.6. Such indoor allergen hazards may include, but are not limited to, mold that is not readily observable to the eye, including mold that is hidden within wall cavities, construction dust or such other conditions as the department shall from time-to-time determine by rule are indoor allergen hazards.
2. In the event that the department determines that an indoor allergen hazard exists, the department shall order the owner to correct the condition and the underlying causes of such a condition within twenty-one days, in a manner and under such safety conditions as it may specify, including the integrated pest management practices in section 27-2017.8 and the work practices established pursuant to section 27-2017.9.
3. In the event that the department determines that the owner or other person having the duty or liability to comply with an order issued pursuant to this section fails to substantially comply therewith within twenty-one days after service thereof, the department shall, in accordance with section 27-2017.10, refer such order to the department of housing preservation and development. The department of housing preservation and development may take such enforcement action as is necessary, including performing or arranging for the performance of the work to correct the certified condition.
4. The department shall report to the council and mayor no later than 24 months from the effective date on activities it has undertaken under this section as they relate to adults with asthma diagnoses, including but not limited to the number adult asthma referrals by type to the department for inspection, the number and types of orders issued to property owners by the department as a result of adult asthma referrals, and the number of apartments that have completed remediation for indoor asthma allergens as a result of adult asthma referrals. Upon submission of such report the agency may submit a recommendation to the council containing a proposed redefinition of “persons with medically diagnosed moderate persistent or severe persistent asthma” for the purposes of the provision of this article.

§ 17-199.7 Education about indoor allergen hazards.

The department shall develop a pamphlet which shall be in English and in the covered languages set forth in section 8-1002*, explaining the hazards associated with indoor allergens and describing tenant rights and owner responsibilities under this law, including safe work practices and mechanisms through which the public may report indoor allergen hazards in the home. Such pamphlet shall be made available in accordance with section 27-2017.6. Such pamphlet shall also be made available to any member of the public upon request. The department shall also develop a training curriculum for educating owners and building maintenance personnel on the appropriate work methods for controlling and removing indoor allergen hazards in rental housing, including integrated pest management. Such training curriculum shall also be made available to any member of the public upon request.

• Editor’s note: Repealed. For current provisions, see Title 21, Chapter 1, Subchapter 1.

§ 17-199.8 Inspection by the department of unsafe work practices for indoor allergen remediation.

The department shall respond to complaints of unsafe work practices related to the correction of indoor mold hazard violations that result in chemical vapors, dust, or other environmental hazards, and promptly refer complaints of unsafe pest control to the New York state department of environmental conservation.

§ 17-199.9 Educational materials on drugs and opiates awareness and prevention.

1. Definitions. For the purposes of this section, the following terms have the following meanings:

   DOE. The term “DOE” means the department of education.

   DYCD. The term “DYCD” means the department of youth and community development.

2. The department shall develop age appropriate educational materials regarding drugs and opiates awareness and prevention.
3. Such materials shall be made available by the department to DYCD and DOE at the beginning of each calendar year.
4. The department shall make available such educational materials on the department’s website in English and in each of the designated citywide languages as defined in section 23-1101.

§ 17-199.10 Doulas.

1. Definitions. For the purposes of this section, “doula” means a trained person who provides continuous physical, emotional, and informational support to a pregnant person and the family before, during or shortly after childbirth, for the purpose of assisting a pregnant person through the birth experience; or a trained person who supports the family of a newborn during the first days and weeks after childbirth, providing evidence-based information, practical help, and advice to the family on newborn care, self-care, and nurturing of the new family unit.
2. No later than June 30, 2019, the department shall submit to the speaker of the council and post on its website a plan to increase access to doulas for pregnant people in the city, including relevant timelines and strategies. In developing such plan, the department shall assess data regarding the needs of pregnant people and may consider the following factors:

   1. The demand for doulas in the city;

   2. The number of doulas in the city and any appropriate qualifications;

   3. Existing city and community-based programs that provide doula services, including whether such programs offer training for doulas;

   4. The availability of doula services that are low-cost, affordable, or free to the mother or pregnant person;

   5. Areas or populations within the city in which residents experience disproportionately low access to doulas;

   6. Areas or populations within the city in which residents experience disproportionately high rates of maternal mortality, cesarean birth, infant mortality, and other poor birth outcomes;

   7. The average cost of doula services, and whether such services may be covered by an existing health plan or benefit; and

   8. Any other information on the use of doulas and benefits associated with the use of doulas.

Such plan shall additionally list the factors considered in development of the plan.

3. No later than June 30, 2019, and on or before June 30 every year thereafter, the department shall submit to the speaker of the council and post on its website a report on the following information:

   1. Known city and community-based programs that provide doula services, including whether such programs offer training for doulas;

   2. Areas or populations within the city in which residents experience disproportionately high rates of maternal mortality, infant mortality, and other poor birth outcomes; and

   3. Any updated information regarding implementation of the plan required by subdivision b of this section since the prior annual report.

§ 17-199.11 Food service establishment beverage options for children’s meals.

1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Children’s meal. The term “children’s meal” means a food or combination of food items listed on a menu or menu board and intended for consumption by children to which the presumption described in subdivision e attaches.

   Food. The term “food” has the same meaning as in article 71 of the New York city health code.

   Food service establishment. The term “food service establishment” means any establishment inspected pursuant to the restaurant grading program established pursuant to subdivision a of section 81.51 of the New York city health code.

   Menu or menu board. The term “menu or menu board” has the same meaning as in section 81.49 of the New York city health code.

2. The selection of beverages listed as part of the children’s meal shall be limited to the following:

   1. Water, sparkling water or flavored water, with no added natural or artificial sweeteners;

   2. Flavored or unflavored nonfat or one percent fat dairy milk, or flavored or unflavored non-dairy beverage that is nutritionally equivalent to fluid milk, in a serving size of eight ounces or less; or

   3. One hundred percent fruit or vegetable juice, or any combination thereof, with no added natural or artificial sweeteners, in a serving size of eight ounces or less. Such juice may contain water or carbonated water.

3. Nothing in this section prohibits a food service establishment from providing upon request by a customer a substitute beverage other than the beverage required under subdivision b of this section.
4. Any food service establishment that violates any of the provisions of this section or any rule promulgated by the department shall be liable for a civil penalty not to exceed $200. Where a person is found to have violated this section or any rule promulgated by the department, the department shall commence a proceeding to recover any civil penalty authorized by this section by the service of a summons returnable to the office of administrative trials and hearings.
5. It shall be a rebuttable presumption that a food item or combination of food items on a menu or menu board is intended for consumption by children if the item or items are shown on the menu or menu board in any one of the following ways:

   1. Alongside any of the following words: “child,” “children,” “kids,” “junior,” “little,” “kiddie,” “kiddo,” “tyke,” any synonym or abbreviation of such words, or any word the department determines would similarly identify a children’s meal;

   2. Alongside a cartoon illustration, puzzle or game;

   3. Accompanied or being offered with a toy or kid’s game; or

   4. With a limitation on the maximum age of a person who can select the item or items.

§ 17-199.12 Report of early intervention services.

1. Definitions. For the purposes of this section, the following terms shall have the following meanings:

   Early intervention services. The term “early intervention services” has the same meaning as set forth in section 69-4.1 of title 10 of the New York codes, rules and regulations.

   Evaluation. The term “evaluation” has the same meaning as set forth in section 69-4.1 of title 10 of the New York codes, rules and regulations.

   Individualized family service plan. The term “individualized family service plan” or “IFSP” has the same meaning as set forth in section 69-4.1 of title 10 of the New York codes, rules and regulations.

   IFSP meeting. The term “IFSP meeting” means a meeting for the purpose of developing a written plan for providing early intervention services to a child determined to be eligible for the early intervention program pursuant to section 69-4.11 of title 10 of the New York codes, rules and regulations.

   Initial evaluation. The term “initial evaluation” means an evaluation to determine a child’s initial eligibility for the early intervention program.

   Referral. The term “referral” means referral of child less than three years of age who is suspected of having a disability, which includes a developmental delay or a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, pursuant to section 69-4.3 of title 10 of the New York codes, rules and regulations.

   Reporting period. The term “reporting period” means the period beginning July 1 of the current calendar year until and including June 30 of the following subsequent calendar year.

   Student in temporary housing. The term “student in temporary housing” has the same meaning as that of the term “homeless child” as such term is defined in section 100.2 of title 8 of the New York codes, rules and regulations.

2. Report. No later than November 1 of each year, the department shall submit to the speaker of the council and post on the department’s website an annual report regarding children receiving early intervention services from the department. To the extent such information is available to the department, such report shall include, but shall not be limited to the following information, disaggregated by zip code, race/ethnicity, child’s dominant language, status as a student in temporary housing and gender:

   1. The number of referrals for initial evaluations in total and disaggregated by referral source, including, but not limited to, referrals from parents, health professionals, child care providers, homeless shelters or nonprofits;

   2. The number of initial evaluations conducted, including the number of such evaluations that resulted in a determination that the child was eligible for the early intervention program;

   3. The number of IFSP meetings convened less than or equal to 45 calendar days from the date of referral;

   4. The number of IFSP meetings that were convened more than 45 calendar days from the date of referral;

   5. The total number of children who have an active IFSP (i) during the reporting period and (ii) as of June 30 of the reporting period;

   6. The average number of calendar days between the date of the initial IFSP meeting and the date children begin receiving early intervention services;

   7. The number and percentage of children with IFSPs who, (i) during the reporting period and (ii) as of June 30 of the reporting period, have IFSPs that recommend the following enumerated services as such services are defined in section 69-4.1 of title 10 of the New York codes, rules and regulations:

      (a) Assistive technology services;

      (b) Applied behavior analysis;

      (c) Audiology;

      (d) Family training, counseling, home visits or parent support groups;

      (e) Medical services;

      (f) Nursing services;

      (g) Nutrition services;

      (h) Occupational therapy;

      (i) Physical therapy;

      (j) Psychological services;

      (k) Service coordination;

      (l) Sign language or cued language services;

      (m) Social work services;

      (n) Special instruction;

      (o) Speech-language pathology;

      (p) Vision services;

      (q) Health services; and

      (r) Transportation services; and

   8. The number and percentage of children with IFSPs who were, during the reporting period, receiving in full the early intervention services enumerated in subparagraphs (a) through (r) of paragraph 7 of this section as recommended in their IFSPs within 30 days of the meeting pursuant to section 69-4.11 of title 10 of the New York codes, rules and regulations; the number and percentage of children with IFSPs who were receiving in part such services within 30 days of such meeting and the number and percentage of children with IFSPs who were awaiting the provision of such services after 30 days of such meeting.

3. No information that is required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information. If a category contains between one and five children, or allows another category to be narrowed to between one and five children, the number shall be replaced with a symbol. A category that contains zero children shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to personally identifiable information.

§ 17-200 Prohibited acts with respect to wild birds.

1. Definitions. For purposes of this section, the following terms have the following meanings:

   Take. The term “take” means to harry, bait, net, snare, trap, capture, hunt, shoot, injure or kill.

   Wild bird. The term “wild bird” means any bird, including a pigeon, that lives in the wild or in an undomesticated state.

2. Prohibited acts. No person other than an exempt person may take or attempt to take, or possess or attempt to possess, any wild bird. Provided, however, that this subdivision shall not apply to the persons and entities specified in subdivision d of this section.
3. Penalty.

   1. Any person convicted of any prohibited act set forth in subdivision b of this section is guilty of a misdemeanor and subject to a fine of no more than $1,000, or imprisonment for no more than one year, or both, for each violation.

   2. The penalties provided in this section shall not preclude the imposition of any other penalty provided for by law.

4. Exempt persons. The penalties provided for in this section shall not apply:

   1. To an employee of a law enforcement agency or of the department of parks and recreation when such employee is acting within the scope of their duties; or

   2. To any person authorized by law, or by permit, license, or privilege issued or granted by the department of environmental conservation or by the department; or

   3. To any other agency or person authorized to take, possess, receive, transport, buy or sell any wild bird, provided that such agency or person has not violated the terms of the provision of law or permit, license, or privilege which authorized such person to take, possess, receive, transport, buy or sell such wild bird; or

   4. To any person attempting to rescue a wild bird that appears to be injured or endangered with the intention of transporting it to a place where it can be treated, provided that such attempt is not otherwise prohibited by law.

Chapter 2: Medical Examiner

§ 17-201 Report of deaths; removal of body.

It shall be the duty of any citizen who becomes aware of the death of any person, occurring under the circumstances described in paragraph one of subdivision (f) of section five hundred fifty-seven of the charter, to report such death forthwith to the office of the chief medical examiner, and to a police officer who shall forthwith notify the officer in charge of the station-house in the police precinct in which such person died. Any person who shall wilfully neglect or refuse to report such death or who without written order from a medical examiner shall wilfully touch, remove or disturb the body of any such person, or wilfully touch, remove or disturb the clothing or any article upon or near such body, shall be guilty of a misdemeanor.

§ 17-202 Procedure in deaths reportable to the office of chief medical examiner.

1. Upon any such death, the officer in charge of the station-house in the police precinct in which such person died shall immediately notify the office of chief medical examiner of the known facts concerning the time, place, manner and circumstances of such death. Immediately upon receipt of such notification the chief medical examiner, or a deputy chief medical examiner, or a medical examiner, or a medical investigator, or a lay medical investigator shall go to and take charge of the dead body. Such medical examiner, medical investigator or lay medical investigator shall fully investigate the essential facts concerning the circumstances of the death, taking the names and addresses of as many witnesses thereto as it may be practicable to obtain, and shall record all such facts and file the same in the office of chief medical examiner. Such medical examiner, medical investigator or lay medical investigator shall take possession of any portable objects which, in his or her opinion, may be useful in establishing the cause of death, and except as provided in subdivision c hereof, shall deliver them to the police department.
2. The police officer detailed in such cases shall, in the absence of next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his or her report, and deliver such property to the police department, which shall surrender the same to the person entitled to its custody or possession.
3. Notwithstanding the provisions of subdivisions a and b of this section, any suicide note or other written evidence of suicide found on such deceased person shall be delivered to the chief medical examiner and shall be retained by said medical examiner.
4. Nothing in this section contained shall affect the powers and duties of a public administrator.

§ 17-203 Autopsies; findings.

If it may be concluded with reasonable certainty that death occurred from natural causes or obvious traumatic injury, and there are no other circumstances which would appear to require an autopsy, the chief medical examiner, deputy chief medical examiner or medical examiner or medical investigator in charge shall certify the cause of death and file a report of his or her findings in the office of chief medical examiner. If, however, in the opinion of a medical examiner, an autopsy is necessary, the same shall be performed by a medical examiner. Where indicated, the autopsy shall include toxicologic, histologic, microbiologic and serologic examinations. A detailed description of the findings of all autopsies shall be written or dictated. The findings of the investigation at the scene of death, the autopsy and any toxicologic, histologic, serologic and microbiologic examinations, and the conclusions drawn therefrom shall be filed in the office of chief medical examiner. Such findings and conclusions shall be signed by the medical examiner performing the autopsy.

§ 17-204 Cremation.

Whenever an application is made pursuant to law for a permit to cremate the body of any person, the department, board or office in which such application is filed shall forward such application to the chief medical examiner who shall thereupon cause an investigation and report to be made thereon. In the event that the chief medical examiner, or a deputy chief medical examiner, or a medical examiner shall, in the course of such investigation, determine that reasonable grounds exist therefor, an autopsy shall be performed upon such body by a medical examiner. Where indicated, the autopsy shall include toxicologic, histologic, microbiologic and serologic examinations. A detailed description of the findings of all autopsies shall be written or dictated. The findings of the investigation, the autopsy and any toxicologic, histologic, serologic and microbiologic examinations, and the conclusions drawn therefrom shall be filed in the office of chief medical examiner. Such findings and conclusions shall be signed by the medical examiners performing the autopsy.

§ 17-205 Records.

Records shall be kept in the office of the chief medical examiner, properly indexed, stating the name, if known, of every person dying under the circumstances described in paragraph one of subdivision (f) of section five hundred fifty-seven of the charter, the place where the body was found and the date of death. To the record of each case shall be attached the original report of the medical examiner and the detailed findings of the autopsy, if any. The appropriate district attorney and the police commissioner of the city may require from the chief medical examiner such further records, and such daily information, as they may deem necessary.

§ 17-206 Fees for copies of records.

1. Whenever the chief medical examiner shall furnish to any private individual a copy or transcript of any record or any photograph or photostat of such record, such chief medical examiner shall and is hereby authorized to charge as follows:

For each copy or photostat of medical examiner’s report on cause of death	five dollars per page
For each copy or photostat of hospital report	five dollars per page
For each copy or photostat of autopsy report	five dollars per page
For each copy or photostat of toxicological chemical laboratory report	five dollars per page
For each copy or photostat of identification form	five dollars per page
For each copy or photostat of serological and/or bacteriological report	five dollars per page
For each copy or photostat of notice of death slip	five dollars per page

~

It is provided that the charge for any single request for documents of a single case shall not exceed fifty dollars.

2. The chief medical examiner shall waive such fee or any portion thereof when furnishing such copies to indigent next of kin.
3. The chief medical examiner, in his or her discretion, shall have the power to waive such fee or any portion thereof when furnishing such copies to those engaged in scientific or other research.

§ 17-207 Root cause analysis, office of chief medical examiner.

1. For purposes of this subdivision, the following terms shall have the following meanings:

   1. “Designated root cause analysis officer” shall mean an employee of the office of chief medical examiner who is responsible for determining whether a significant event has occurred within the office of chief medical examiner and, if such significant event has occurred, for convening the root cause analysis committee.

   2. “Root cause analysis” shall mean a process for investigating the causal factors of a significant event that shall focus primarily on systems and processes, not on individual performance or human error, and shall identify appropriate corrective action, including strategies to prevent the reoccurrence of a significant event or potential improvements in systems or processes that will decrease the likelihood of a significant event occurring in the future.

   3. “Root cause analysis committee” shall mean a committee composed of representatives of certain divisions of the office of chief medical examiner appointed by the designated root cause analysis officer and assembled in response to a significant event in order to conduct a root cause analysis and to produce a root cause analysis committee report pursuant to this section.

   4. “Root cause analysis committee report” shall mean a final report issued by the root cause analysis committee that shall include the findings of the root cause analysis committee, including, but not limited to, the identification of the root cause or causes of the significant event and a corrective action plan.

   5. “Significant event” shall mean an occurrence in the office of chief medical examiner involving a significant likelihood of an act, error or omission that affects the accuracy, reliability or integrity of the reported results of evidence examination or reported results of analysis. Such act, error or omission shall include, but not be limited to, any (i) act or acts by an employee of the office of chief medical examiner involving intentional fabrication of work product, evidence examination, analysis or test results; (ii) significant error or errors by an employee of the office of chief medical examiner, or deficiency in a system or procedure used by such office, that may have affected the accuracy of reported results of evidence examination or the accuracy of the reported results of analysis in one or more cases; (iii) failure by an employee of the office of chief medical examiner to follow such office’s protocol that may have affected the accuracy of reported results of evidence examination or the accuracy of the reported results of analysis in one or more cases; or (iv) statement in the course of testimony by an employee of the office of chief medical examiner that significantly misrepresents or misstates her or his education, experience, training or qualifications, or the reported results of any evidence examination or analysis.

2. The office of chief medical examiner shall appoint an employee of the office of chief medical examiner who shall serve as the designated root cause analysis officer.
3. The office of chief medical examiner shall develop and post on its website root cause analysis guidelines to assist in the implementation of this section. Such guidelines shall provide guidance for:

   1. determining whether a significant event has occurred, consistent with this section;

   2. reporting a significant event;

   3. creating a root cause analysis committee upon a determination of the root cause analysis officer that a significant event has occurred;

   4. selecting individuals who shall serve as members of a root cause analysis committee;

   5. determining the roles and responsibilities of members of a root cause analysis committee;

   6. determining when and how frequently a root cause analysis committee shall meet once a committee has been assembled in response to a significant event;

   7. producing a root cause analysis committee report in a timely manner;

   8. identifying causal factors of a significant event;

   9. identifying corrective action to be taken as a result of the root cause analysis; and

   10. (i) recusing the designated root cause analysis officer in the event that the occurrence at issue is likely to involve acts or omissions by such officer, either acting in the capacity of the designated root cause analysis officer or any other capacity within the office of chief medical examiner, or in any other appropriate instance as specified in the guidelines; (ii) appointing an employee of the office of chief medical examiner to serve as the acting designated root cause analysis officer in the event of such recusal to fulfill the duties of the designated root cause analysis officer pursuant to subdivisions d, e and f of this section, provided that the occurrence at issue is not likely to involve acts or omissions by such individual appointed to serve as acting designated root cause analysis officer; and (iii) requiring a decision not to recuse the designated root cause analysis officer to be reviewed by the executive management of the office of chief medical examiner, such as a director or deputy commissioner.

4. Within ten days of the discovery of an occurrence in the office of chief medical examiner involving the substantial likelihood of an act, error or omission that affects the accuracy, reliability and integrity of the reported results of evidence examination or reported results of analysis, or receipt of a report that a significant event has occurred in the office of chief medical examiner, the designated root cause analysis officer shall make a formal determination whether a significant event has occurred. In the event that the designated root cause analysis officer makes a determination that a significant event has not occurred, such officer shall provide written explanation to the chief medical examiner explaining why such occurrence does not constitute a significant event.
5. Within five business days of a formal determination by the designated root cause analysis officer that a significant event has occurred within the office of chief medical examiner as provided in subdivision d of this section, such officer shall appoint a root cause analysis committee for the purpose of conducting a root cause analysis and producing a root cause analysis committee report. Such committee shall include at least six members, provided that:

   (1) one member is the designated root cause analysis officer;

   (2) at least one member is knowledgeable in the subject area relating to the significant event and is a lab worker or other employee who performs scientific or technical services and works in a non-managerial capacity;

   (3) one member serves in the executive management of the office of chief medical examiner, such as a director or deputy commissioner;

   (4) two members are from divisions, departments or laboratories of the office of chief medical examiner that are not implicated by the significant event, and at least one of the two members works in a non-managerial capacity; and

   (5) one member is an external expert who works in a medical or scientific research field. Such member may serve without compensation. For the purpose of executing paragraph 5 of this subdivision, the office of chief medical examiner shall develop and maintain a list of external experts who may serve as an external expert on a root cause analysis committee if called upon to serve in such capacity.

6. 1. Within thirty days of a determination of the designated root cause analysis officer that a significant event has occurred within the office of chief medical examiner, the office of chief medical examiner shall report the occurrence of such significant event to the mayor and the council of the city of New York, and to any district attorney and defense counsel of record that can be identified and who has a case or client that can reasonably be found to be affected by the significant event. In the event that the defense counsel of record works in the office of an institutional defender, notice shall also be given to the head of such office. In the event that defense counsel of record is assigned from the 18b panel of either the first or second department in the city of New York, notice shall also be given to the administrator of the 18b panel of the assigning department.

   2. The root cause analysis committee shall submit a root cause analysis committee report no later than ninety days following the appointment of such committee, provided, however, that should it not be practicable to complete such report within ninety days, the committee shall report in writing to the mayor and council of the city of New York on the progress of the committee’s findings and set forth a statement why such report is not yet completed and when completion is anticipated.

   3. Within seven days of submission of a root cause analysis report to the mayor and council of the city of New York, the office of chief medical examiner shall send a copy of the root cause analysis report at a minimum to (i) the New York state commission on forensic science and any entity responsible for the accreditation of the department of forensic biology of the office of chief medical examiner, provided that the significant event that is the subject of such report is relevant to the department of forensic biology of the office of chief medical examiner, and (ii) to district attorney and defense counsel of record that can be identified and who has a case or client that can reasonably be found to be affected by the significant event. In the event that the defense counsel of record works in the office of an institutional defender, notice shall also be given to the head of such office. In the event that defense counsel of record is assigned from the 18b panel of either the first or second department in the city of New York, notice shall also be given to the administrator of the 18b panel of the assigning department.

7. The root cause analysis report produced pursuant to subdivision f of this section shall not include the names of, or otherwise identify:

   (1) any employee of the office of chief medical examiner;

   (2) any complainant, victim or decedent; or

   (3) any other individual who is the subject of investigations associated with forensic casework performed by the office of chief medical examiner.

8. This section shall not be construed to create a private right of action to enforce any of its provisions.

§ 17-208 Transparency, office of chief medical examiner.

1. For the purpose of this section, the following terms shall have the following meanings:

   1. “Forensic DNA laboratory” shall have the same meaning as set forth in subdivision two of section nine hundred ninety-five of article forty-nine-b of the New York state executive law, or any successor provision thereto.

   2. “Proficiency test” shall mean such testing as is required by the New York state commission on forensic science and the New York state subcommittee on forensic DNA laboratories and forensic DNA testing pursuant to paragraph b of subdivision three of section nine hundred ninety-five-b of article forty-nine-b of the New York state executive law, or any successor provision thereto.

   3. “Proficiency testing report” shall mean an annual report produced by the office of chief medical examiner which reports the number of employees working in the department of forensic biology of the office of chief medical examiner who have taken a proficiency test that year, and the percentage and number of those employees who passed such proficiency test.

2. The office of chief medical examiner shall annually prepare a proficiency testing report and shall include comparison data for each of the previous five years as available. The proficiency testing report shall not include the names of, or otherwise identify, any employee of the department of forensic biology of the office of chief medical examiner.
3. To the extent the office of chief medical examiner is authorized to publish such materials, the office of chief medical examiner shall post prominently and maintain on its website the following concerning the department of forensic biology of the office of chief medical examiner:

   1. current copies, and copies used within the preceding two years, of all manuals, guidelines, or other documents relating to scientific procedures or protocols, quality assurance and quality control procedures or protocols, materials used for the training of lab workers, and evidence and case management procedures, including, but not limited to, accreditation standards and accreditation audit reports;

   2. the most recent annual proficiency testing report; and

   3. current copies of all certificates of accreditation issued to the department of forensic biology of the office of chief medical examiner, whether by a governmental entity or a non-governmental entity responsible for the accreditation of the department of forensic biology of the office of chief medical examiner.

4. Historic copies of any manual, guidelines, or other document identified in paragraph one of subdivision c of this section used on or after January first, two thousand and not fully available on the website of the office of chief medical examiner shall be made available to any person upon request, and a notice describing such availability and how to make such a request shall be posted on the office’s website.
5. This section shall not be construed to create a private right of action to enforce any of its provisions.

Chapter 3: Licenses and Permits

Subchapter 1: Administrative Provisions

§ 17-301 Language preference for inspections.

Every application for a license or a permit, or the renewal of an existing license or an existing permit to be issued by the commissioner pursuant to this chapter shall provide an opportunity for the applicant to indicate the language in which such applicant would prefer that inspections in connection with such license or permit be conducted or alternatively for which language interpretation services be provided. Nothing in this subdivision nor any failure to comply with such preference shall be construed so as to create a cause of action or constitute a defense in any legal, administrative, or other proceeding.

Subchapter 2: Food Vendors

§ 17-306 Definitions.

Whenever used in this subchapter the following terms shall mean:

1. “Commissary”. A service room, catering establishment, restaurant or any other place in which food, containers or supplies are processed, prepared, handled, packed, transferred or stored and directly from which food is distributed to a food vendor or from which any vehicle or pushcart offering food to the public in any public space is supplied.
2. “Food”. Any raw, cooked or processed edible substances, beverages, ingredients, ice or water used or intended for use or for sale in whole or in part for human consumption.
3. “Food vendor” or “vendor”. A person who hawks, peddles, sells or offers food for sale at retail in any public space.
4. “Food vending business”. The business of selling or offering food for sale at retail in a public space engaged in by a food vendor.
5. “Public space”. All publicly owned property between the property lines on a street as such property lines are shown on city records including, but not limited to, a park, plaza, roadways, shoulder, tree space, sidewalk or parking space between such property lines. It shall also include, but not be limited to, publicly owned or leased land, buildings, piers, wharfs, stadiums and terminals.
6. “Pushcart”. Any wheeled vehicle or device used by a food vendor, other than a motor vehicle or trailer, which may be moved with or without the assistance of a motor and which does not require registration by the department of motor vehicles. The term “pushcart” shall include any green cart, as that term is defined by subdivision s of this section.
7. “Vehicle”. A motor vehicle or trailer, as defined in the vehicle and traffic law.
8. “Vend”. To hawk, peddle, sell or offer to sell food at retail in a public space, delivered immediately upon consummation of purchase.
9. “Person.” A natural person, partnership, corporation or other asso- ciation.
10. “Veteran”. Any person who was in active service in the armed forces of the United States and was honorably discharged from such service.
11. “Disabled veteran”. A veteran who is certified by the United States department of veterans’ affairs as having a disability rated at ten per centum or more that was incurred by such person during active service in the armed forces of the United States and which disability is in existence at the time of application for a permit under this sub-chapter.
12. “Honorable discharge”. Any type of discharge or release from the armed forces of the United States other than a dishonorable discharge.
13. “Disabled person”. Any person who has or had a physical or mental impairment that substantially limits one or more major life activities and has a record of such an impairment. For the purposes of this subdivision, “physical impairment” means a physiological disorder or condition, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; genitourinary; hemic and lymphatic; or skin and endocrine. It includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, muscular dystrophy, and multiple sclerosis. For the purposes of this subdivision, “mental impairment” means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. For the purposes of this subdivision, “major life activities” means functions such as walking, seeing, hearing and speaking. For the purposes of this subdivision, a record of such an impairment shall be established by submission to the commissioner of either:

   (a) A letter or certificate describing the physical or mental impairment of the applicant which must include the notarized signature of one of the following:

      (i) A licensed physician, opthamologist, optometrist or psychologist; or

      (ii) An authorized representative of a social agency that conducts programs for the disabled in cooperation with an official agency of the state and from which the applicant is receiving services such as, but not limited to, the state office of vocational rehabilitation; or

   (b) A previous certification not more than one year old establishing the physical or mental impairment of the applicant such as, but not limited to, verification of an income tax exemption or social security benefits on the basis of physical or mental impairment.

14. “Unemancipated child”. Any son, daughter, step-son or step-daughter who is under the age of eighteen, unmarried and living in the same household.
15. “Exclusive distributor”. A person who has a written agreement with a manufacturer of a food product for the sale of that product by a food vendor licensed pursuant to this subchapter from a vehicle or pushcart to the exclusion of any similar food product manufactured by any other manufacturer.
16. “Manufacturer”. A person who processes or fabricates food products from raw materials for commercial purposes.
17. “Fresh fruits and vegetables”. Unprocessed unfrozen raw fruits and vegetables that have not been combined with other ingredients.
18. “Fresh fruits and vegetables permit”. A full-term permit for the vending at retail solely of fresh fruits or vegetables, or both, from a pushcart or vehicle in a public place. Unless otherwise specified, a fresh fruits and vegetables permit shall be a permit in accordance with the provisions of this subchapter.
19. “Green cart”. A pushcart used exclusively by those issued fresh fruits and vegetables full-term permits pursuant to section 17-307 of this subchapter and which, in addition to being in compliance with all other legal requirements applicable to non-processing pushcarts, must also have a distinctive and easily recognizable appearance in accordance with rules to be established by the commissioner.
20. “Letter grade.” A letter grade indicating the sanitary inspection grade issued by the department pursuant to section 17-325.3.

§ 17-307 Licenses, permits required; restrictions; term.

1. 1. It shall be unlawful for any individual to act as a food vendor without having first obtained a license therefor from the commissioner in accordance with the provisions of this subchapter.

   2. In addition to the conditions set forth in section 17-310 of this subchapter a license shall be renewable by the licensee provided that the licensee meets all other requirements for renewal, the license has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for license revocation or suspension.

2. 1. It shall be unlawful to vend food from any vehicle or pushcart in a public space without having first obtained a permit for such vehicle or pushcart from the commissioner in accordance with the provisions of this subchapter. The commissioner shall establish standards relating to the size and design of such vehicles and pushcarts. No vendors shall vend from any vehicle or pushcart which does not comply with the standards established by the commissioner. No vendor shall vend from other than a vehicle or pushcart. No food vendor issued a fresh fruits and vegetables permit shall vend from other than a vehicle or a green cart. No food vendor issued a fresh fruits and vegetables permit shall vend any food other than fresh fruits and vegetables from the green cart or vehicle for which the permit was issued.

   2. (a) On and after July thirtieth, nineteen hundred eighty-three, no new full-term permits shall be issued until the number of such permits which are in effect is less than three thousand. Thereafter, the maximum number of such permits which may be in effect shall be three thousand and no new permits shall be issued in excess of such maximum number. Notwithstanding the limitations on the issuance of new full-term permits, a permit issued prior to July thirtieth, nineteen hundred eighty-three which is in effect shall be renewable by the licensee to whom the permit was issued subject to the provisions of subparagraph (f) of this paragraph and provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for permit or license revocation or suspension.

      (b) (i) On and after March fifteenth, nineteen hundred ninety-five, without increasing the number of full-term permits which may be in effect in accordance with subparagraph (a) of this paragraph, two hundred full-term permits shall be designated for use exclusively in specified boroughs as follows:

            (A) fifty of such full-term permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of the Bronx where food vendors are not prohibited from vending;

            (B) fifty of such full-term permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Brooklyn where food vendors are not prohibited from vending;

            (C) fifty of such full-term permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Queens where food vendors are not prohibited from vending; and

            (D) fifty of such full-term permits shall authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Staten Island where food vendors are not prohibited from vending.

         (ii) After the initial issuance of such permits, the commissioner shall establish a separate waiting list for each of the relevant boroughs to be administered in accordance with procedures to be established by rules of the commissioner. The commissioner may by rule limit the number of places on each such waiting list.

      (c) On and after January first, nineteen hundred ninety-five, full-term permits shall be issued only to persons who at the time of application for a permit have not had a full-term permit revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain or operate a food vending business. Except as otherwise provided in item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section, no person shall be issued more than one permit, whether full-term or temporary.

      (d) The issuance or renewal of a full-term permit pursuant to this subchapter shall be subject to the permittee within three months after the certification of a complete application therefor presenting a pushcart or vehicle for inspection by the department and within six months after such certification, passing such inspection.

      (e) The commissioner shall establish a separate waiting list for the issuance of full-term permits pursuant to this subchapter to be administered in accordance with requirements to be established by rules of the commissioner. The commissioner may by rule limit the number of places on such waiting list.

      (f) Except as otherwise provided in item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section, on and after January first, nineteen hundred ninety-six, and on every renewal date thereafter, a permit holder may not renew more than one permit, whether full-term or temporary. Such permit shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and such person has not committed a violation or violations which could be a basis for permit or license suspension or revocation.

      (g) Other than subparagraphs (c), (d) and (f), this paragraph shall not apply to the issuance of fresh fruits and vegetable permits.

   3. (a) Notwithstanding the provisions of paragraph two of this subdivision limiting the number of full-term permits that are authorized to be issued, the commissioner may issue up to a maximum of one hundred additional full-term permits authorizing the holders thereof to vend food from any vehicle or pushcart in any public place in the city of New York where food vendors are not prohibited from vending. Such permits shall be issued only to natural persons who at the time of application for a permit hereunder are not holders of a full-term permit issued pursuant to paragraph two of this subdivision and who have not had a full-term permit revoked or suspended. No person shall be issued more than one permit. Such permits shall be issued in the order in which applications for such permits are received in accordance with the preferences specified in subparagraph (b) of this paragraph and the procedures established by the commissioner. The issuance or renewal of a full-term permit pursuant to this paragraph shall be subject to the permittee within three months after the certification of a complete application therefor presenting a pushcart or vehicle for inspection by the department and, within six months after such certification, passing such inspection. After the initial issuance of such permits, the commissioner shall establish a waiting list, not to exceed four hundred in number, to be administered in accordance with procedures to be established by rules of the commissioner.

      (b) Preferences shall be given in the issuance of permits pursuant to this paragraph and in the placement on such waiting list to the following categories of persons in the following order:

         (i) Veterans who on August second, nineteen hundred ninety-one held a valid general vendor’s license issued by the department of consumer affairs pursuant to subchapter twenty-seven of chapter two of title twenty of the code by virtue of having claimed a disability.

         (ii) Disabled veterans.

         (iii) Disabled persons.

         (iv) Veterans.

      (c) A person who has been issued a permit pursuant to this paragraph shall not be eligible to obtain a full-term permit authorized by paragraph two of this subdivision if at the time of application for a full-term permit authorized by such paragraph two such person is a holder of a full-term permit issued pursuant to this paragraph or such person has had a full-term permit issued pursuant to this paragraph revoked or suspended.

      (d) This paragraph shall not apply to fresh fruits and vegetables permits.

   4. (a) Notwithstanding the provisions of paragraph two of this subdivision limiting the total number of full-term permits that are authorized to be issued, the commissioner may issue up to a maximum of one thousand fresh fruits and vegetable permits, as that term is defined in subdivision r of section 17-306 of this chapter. The initial issuance of these one thousand fresh fruits and vegetables permits shall be phased in over a two-year period. No more than five hundred permits shall be issued during the first year of permit availability, nor shall more than one-half of the number of fresh fruits and vegetables permits designated for use in a borough be issued during the first year of permit availability. During the second year of permit availability the commissioner may issue the remaining five hundred permits along with any permits from the initial five hundred not issued during the first year of permit availability. Thereafter, the maximum number of such permits which may be in effect shall be one thousand and no new permits shall be issued in excess of such number. Each of the one thousand fruits and vegetables permits to be issued pursuant to this paragraph shall be designated for use exclusively in a specified borough as follows:

         (i) three hundred fifty of such fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables from any vehicle or any green cart in the borough of the Bronx in the areas designated in clause (i) of subparagraph b of this paragraph.

         (ii) three hundred fifty of such fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables from any vehicle or any green cart in the borough of Brooklyn in the areas designated in clause (ii) of subparagraph b of this paragraph.

         (iii) one hundred fifty of such fresh fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables from any vehicle or any green cart in the borough of Manhattan in the areas designated in clause (iii) of subparagraph b of this paragraph.

         (iv) one hundred of such fresh fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables from any vehicle or any green cart in the borough of Queens in the areas designated in clause (iv) of subparagraph b of this paragraph.

         (v) fifty of such fresh fruits and vegetables permits shall authorize the holders thereof to vend fresh fruits and vegetables from any vehicle or any green cart in the borough of Staten Island in the areas designated in clause (v) of subparagraph b of this paragraph.

      (b) The issuance or renewal of a full-term permit issued pursuant to this paragraph shall be subject to the permittee within three months after the certification of a complete application therefore presenting a green cart or vehicle for inspection by the department and, within six months after such certification, passing such inspection. No person shall be issued more than one permit. Fresh fruits and vegetables permits, in addition to being designated for use exclusively in a borough as specified in subparagraph (a) of this paragraph, shall be designated for use exclusively within the police precincts specified below and shall be subject to the same time and place restrictions for vending in such areas as other food vendors:

         (i) Bronx: Police Precincts 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 52;

         (ii) Brooklyn: Police Precincts 67, 70, 71, 72, 73, 75, 77, 79, 81, 83;

         (iii) Manhattan: Police Precincts 23, 25, 26, 28, 30, 32, 33, 34;

         (iv) Queens: Police Precincts 100, 101, 103, 113; and

         (v) Staten Island: Police Precinct 120.

      (c) Notwithstanding any provision of this section to the contrary, within eight months of the effective date of the local law adding this paragraph, the commissioner may exempt by rule any police precinct specified in subparagraph b of paragraph four of this section upon determining that the rate of consumption of fresh fruits and vegetables in the precinct is not substantially lower than the citywide average and that the precinct does not have an elevated rate of nutrition-related health problems compared to the rest of the city.

      (d) Fresh fruits and vegetables permits shall be issued in accordance with the preferences specified in subparagraph (e) of this paragraph and the procedures established by the commissioner. The commissioner shall establish a separate waiting list for each borough, to be administered in accordance with procedures to be established by rules of the commissioner. The commissioner may by rule limit the number of places on each such waiting list.

      (e) Preferences shall be given in the issuance of fresh fruits and vegetables permits pursuant to this paragraph and in the placement on any waiting list for such permits to the following categories of persons in the following order:

         (i) Persons who, on the effective date of the local law which added this provision, are on any of the existing waiting lists established by the commissioner for the issuance of mobile food unit permits for pushcarts and vehicles. From among those persons within this preference category, additional preference in both the issuance of fresh fruits and vegetables permits and placement on any waiting list for such permits shall be given to those persons who fall within the following groups of persons in the following order: disabled veterans; disabled persons; veterans.

         (ii) Disabled veterans.

         (iii) Disabled persons.

         (iv) Veterans.

      (f) A person who has been issued a permit pursuant to this paragraph shall not be eligible to obtain a full-term permit authorized by paragraphs two or three of this subdivision if at the time of application for a full-term permit authorized by such paragraphs such person is a holder of a full-term permit issued pursuant to this paragraph or such person has had a full-term permit issued pursuant to this paragraph revoked or suspended.

3. It shall be unlawful for any person to operate a commissary, or place of food distribution, or a place wherein five or more pushcarts, or more than one vehicle are stored, without first obtaining a permit.
4. A food vendor’s license shall entitle the holder thereof to vend any food which the commissioner or board may authorize or otherwise approve, except that a food vendor vending from a green cart or vehicle with a fresh fruits and vegetables permit shall only be authorized to vend fresh fruits and vegetables. No food vendor while acting as such shall vend any item which the commissioner or board has not authorized or otherwise approved.
5. All licenses and permits issued pursuant to this subchapter shall be valid for two years unless sooner suspended or revoked. The commissioner may issue such licenses and permits to expire at various times during a year. To achieve such staggered expiration dates, initial licenses or permits may be issued for a period up to three years.
6. 1. The commissioner may issue temporary licenses and permits upon the furnishing of information and an application in such form and detail as such commissioner may prescribe and the payment of a fee pro-rated in accordance with the schedule of fees set forth in section 17-308 of this subchapter, but in no event shall the fee for such temporary license be less than ten dollars or the fee for such temporary permit be less than fifteen dollars.

   2. In addition to the conditions set forth in section 17-310 of this subchapter a temporary license shall be renewable by the licensee within one year of its expiration date provided that the licensee meets all other requirements for renewal, the license has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for license revocation or suspension.

   3. (a) (i) On and after July thirtieth, nineteen hundred eighty-three, no new temporary permits shall be issued until the number of such permits which are in effect is less than one thousand. Thereafter, the maximum number of such permits which may be in effect shall be one thousand and no new permits shall be issued in excess of such maximum number. Notwithstanding the limitations on the issuance of new temporary permits, a temporary permit issued prior to July thirtieth, nineteen hundred eighty-three shall be renewable by the licensee to whom the permit was issued within one year of its expiration date subject to the provisions of clause (ii) of this subparagraph and provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and the licensee has not committed a violation or violations which could be a basis for license or permit revocation or suspension.

         (ii) (A) Except as otherwise provided in item (B) of this clause, on and after January first, nineteen hundred ninety-six, and on every renewal date thereafter, a permit holder may not renew more than one permit, whether full-term or temporary. Such permit shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit was issued or the permit has not been revoked or suspended and such person has not committed a violation or violations which could be a basis for permit or license suspension or revocation.

            (B) (I) Notwithstanding any other provision of law to the contrary, on and after the effective date of the local law which added this subitem, any person who is an exclusive distributor or a manufacturer of a food product and who on February third, nineteen hundred ninety-five was an exclusive distributor or a manufacturer of such food product who held more than one temporary permit issued pursuant to this subchapter, may be issued the number of additional temporary permits such person held on February third, nineteen hundred ninety-five and, in addition, may continue to hold one full-term permit issued pursuant to this subchapter if such exclusive distributor or manufacturer held one full-term permit issued pursuant to this subchapter on the effective date of the local law which added this subitem. A written agreement evidencing an exclusive distributorship shall be proof satisfactory that an applicant for multiple temporary permits was an exclusive distributor of a food product on February third, nineteen hundred ninety-five and is an exclusive distributor of such food product at the time of such application. Any written agreement evidencing an applicant’s status as an exclusive distributor on February third, nineteen hundred ninety-five shall have been in effect on such date.

               (II) Any person who is eligible for the issuance of additional temporary permits pursuant to subitem (I) of this item shall be issued a maximum of sixty temporary permits.

               (III) Additional temporary permits shall be issued pursuant to subitem (I) of this item only to persons who are eligible therefor who have not at the time of application for such additional temporary permits had a permit issued pursuant to this subchapter revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain and operate a food vending business. Such permits shall be renewed provided that all other requirements for renewal under the provisions of this subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permits were issued or the permits have not been revoked or suspended and such person has not committed a violation or violations which would be a basis for permit or license suspension or revocation.

               (IV) Nothing contained in subitem (I) of this item shall be construed as authorizing the issuance of full-term or temporary permits in excess of the numbers of such permits that are authorized to be issued pursuant to paragraph two of subdivision b of this section or clause (i) of this subparagraph.

      (b) On and after January first, nineteen hundred ninety-five, temporary permits shall be issued only to persons who have not had a temporary permit revoked or suspended and who satisfy the commissioner that they are fit and able to conduct, maintain or operate a food vending business.

      (c) The issuance or renewal of a temporary permit pursuant to this subchapter shall be subject to the permittee within three months after the certification of a complete application therefor presenting a pushcart or vehicle for inspection by the department and within six months after such certification, passing such inspection.

      (d) The commissioner shall establish a separate waiting list for the issuance of temporary permits pursuant to this subchapter to be administered in accordance with procedures to be established by rules of the commissioner. The commissioner may by rule limit the number of places on such waiting list.

      (e) Temporary permits and temporary licenses issued pursuant to this subchapter shall be valid only during the period of time beginning on April first and ending on October thirty-first of each calendar year.

7. For purposes of determining the number of full-term or temporary permits held by a permittee pursuant to subdivisions b and f of this section, the following provisions shall apply:

   1. A natural person shall be deemed to hold the full-term or temporary permits issued in the name of such natural person’s unemancipated child, a partnership in which such natural person is a partner, a corporation in which such natural person is an officer, director or shareholder, or a limited liability company in which such natural person is a member, manager or officer.

   2. A corporation shall be deemed to hold the full-term or temporary permits issued in the name of:

      (a) an officer, director or shareholder of such corporation;

      (b) another corporation where such corporation and such other corporation share a common officer, director or shareholder, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such other corporation;

      (c) a limited liability company where such corporation or any of its officers, directors or shareholders is a member, manager or officer of such limited liability company, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such limited liability company; or

      (d) a partnership where such corporation or any of its officers, directors or shareholders is a partner in such partnership, or such corporation or any of its officers, directors or shareholders has any direct or indirect interest in such partnership.

   3. A limited liability company shall be deemed to hold the full-term or temporary permits issued in the name of:

      (a) a member, manager or officer of such limited liability company;

      (b) another limited liability company where such limited liability company and such other limited liability company share a common member, manager or officer, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such other limited liability company; (c) a corporation where such limited liability company or any of its members, managers or officers is an officer, director or shareholder in such corporation, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such corporation; or

      (d) a partnership where such limited liability company or any of its members, managers or officers is a partner in such partnership, or such limited liability company or any of its members, managers or officers has any direct or indirect interest in such partnership.

   4. A partnership shall be deemed to hold the full-term or temporary permits issued in the name of:

      (a) a partner of such partnership;

      (b) another partnership where such partnership is a partner in such other partnership, such partnership and such other partnership share a common partner, or such partnership or any if its partners has any direct or indirect interest in such other partnership;

      (c) a corporation where such partnership or any of its partners is an officer, director or shareholder in such corporation, or such partnership or any of its partners has any direct or indirect interest in such corporation; or

      (d) a limited liability company where such partnership or any of its partners is a member, manager or officer in such limited liability company, or such partnership or any of its partners has any direct or indirect interest in such limited liability company.

§ 17-308 Fees.

1. The annual fees for licenses and permits set forth in subdivisions b and c of this section shall be payable at the time of application for a license or permit or renewal thereof, except as otherwise provided in subdivision e of section 17-307 of this subchapter.
2. The annual fee for a license or renewal thereof shall be twenty-five dollars; provided, however, that for an initial license issued for more than two years the applicable license fee shall be increased proportionally to the nearest quarter year.
3. The annual fee for a permit or renewal thereof shall be:

   1. For a pushcart or vehicle selling prepackaged food or for a fresh fruits and vegetables permit: fifty dollars for the first year and twenty-five dollars for each year thereafter.

   2. For a vehicle selling foods prepared or processed therein: one hundred dollars.

4. The fee for issuing a duplicate license, permit or plate when the original has been lost, destroyed or mutilated shall be: ten dollars.
5. A person holding a license pursuant to the provisions of article four of the general business law shall be exempt from the payment of fees set forth in this section.
6. The fees provided for herein shall be in addition to any fees required pursuant to the New York city health code or the New York state sanitary code.

§ 17-308.1 Domestic Partners.

For purposes of this subchapter, the rights and benefits bestowed upon the surviving spouse of an honorably discharged member of the armed forces of the United States pursuant to article four of the general business law shall also be bestowed upon the surviving domestic partner of such veteran.

§ 17-309 Applications; hearings.

1. All applications for a license or permit shall be accompanied by payment of the fee and shall be in such form and detail as the commissioner may prescribe.
2. In addition to any other information required, the commissioner shall require the following information:

   1. The name, home and business address of the applicant. If the applicant is applying for a permit to vend food from a vehicle or pushcart in a public place, the name, home address and license number of every food vendor who will be authorized to operate such applicant’s vehicle or pushcart and the legal relationship between such applicant and such food vendor.

   2. A description of the food to be offered for sale and a description of the vehicle or pushcart to be used and a statement whether or not the application is for a fresh fruits and vegetables permit.

   3. Three prints of a full-face photograph of the applicant taken not more than thirty days prior to the date of the application.

   4. Proof that the applicant has obtained a certificate of authority to collect sales taxes pursuant to section eleven hundred thirty-four of the tax law and has a tax clearance certificate from the state tax commission of the state of New York.

   5. Whether such applicant is an individual, partnership or other association, or a corporation or limited liability company and if such applicant is an individual applying for a permit to vend food from a vehicle or pushcart in a public place, whether any of such applicant’s unemancipated children hold such permits; if a partnership, limited liability company or other association, the name and address of each partner, member, officer or manager of such entity; if a corporation, the names and addresses of the officers, directors and shareholders.

   6. An applicant who is a non-resident of the city shall provide the name and address of a registered agent within the city or designate the commissioner as his or her agent upon whom process or other notification may be served.

   7. No City officer or employee shall inquire about an applicant’s immigration or citizenship status as part of an application made pursuant to this section. Information about an applicant’s immigration or citizenship status shall not affect the consideration of the application for a food vendor’s license or renewal thereof.

   8. Proof that the applicant has obtained the appropriate seal of approval from a weights and measures official for his or her weighing or measuring device or system as required under section one hundred eighty-three of the agriculture and markets law.

3. Only a licensed food vendor may be issued a vehicle or pushcart permit. The application for such permit shall set forth the information required in paragraphs one, two, four, five, six and seven of subdivision b of this section and such other information as the commissioner may prescribe.
4. Upon approval of an application the commissioner shall issue a license to the applicant for a license and a permit and plate to the applicant for a vehicle or pushcart permit. Such license shall contain the name and address of the licensee, his or her license number and a non-removable photograph of such licensee. The plate shall indicate whether or not the permit is a fresh fruits and vegetable permit.
5. [Repealed.]

§ 17-310 Renewal of license or permit.

1. An application for renewal of a license or permit shall be filed with the appropriate fee for such renewal, with a tax clearance certificate issued by the state tax commission of the state of New York, and with a tax clearance certificate issued by the commissioner of finance, in such form and containing such information as he or she shall require, indicating payment of all applicable taxes imposed by title eleven of the code and administered by the commissioner of finance, at least thirty days prior to the expiration date of the existing license or permit. The commissioner of finance shall charge and collect a fee of ten dollars for issuing a tax clearance certificate.
2. The commissioner of finance shall promulgate rules and regulations establishing (1) such standards of sales tax payments sufficient to indicate that operating as a food vendor is a full-time or part-time occupation of the licensee and (2) that a minimum payment of all applicable sales and business taxes imposed by title eleven of the code and administered by the commissioner of finance have been paid during the preceding calendar year.

§ 17-311 Display of license or plate and letter grade.

1. Each food vendor shall carry his or her license upon his or her person and it shall be exhibited upon demand to any police officer, public health sanitarian or other authorized officer or employee of the city.
2. The food vendor’s license shall be worn conspicuously by him or her at all times while he or she is operating as a food vendor.
3. The permit plate and letter grade shall be firmly affixed to the vending vehicle or pushcart in a conspicuous place as required by rules of the department.
4. Vendors issued fresh fruits and vegetables permits pursuant to paragraph four of subdivision b of section 17-307 of the administrative code of the city of New York shall carry upon their person a laminated or similarly durable and easily readable map, prepared and issued to them by the commissioner, designating those areas of the city in which they are authorized to vend. Those persons issued a fresh fruits and vegetables permit found to be vending from green carts and vehicles in precincts other than those designated on their borough-specific permits shall be deemed to be operating such vehicle or pushcart without a permit.

§ 17-312 Notification of change.

The commissioner shall be notified of any change in the information provided on an application for a license or a permit within ten days of such change.

§ 17-313 Bookkeeping requirements.

Each food vendor shall keep such written records as the commissioner or board may prescribe of daily gross sales, purchases and expenses, including receipts for expenditures, and shall make such records available for inspection by any authorized officer or employee of the city.

§ 17-314 Duties of licensees and permittees.

Each person issued a food vendor license or a permit to vend food from a vehicle or pushcart in a public place shall:

1. Permit regular inspections by the department of any vehicle or pushcart used in the operation of his or her business, any premises under his or her control in which food intended to be sold or offered for sale by him or her as a food vendor is prepared, processed or stored and present such vehicle or pushcart for inspection at such place and time as may be designated by the department;
2. Provide to the commissioner or any other authorized officer or employee of the city, the addresses and names of the owners of such service rooms, commissaries or distributors from whom such licensee receives his or her food and also the address at which such vendor stores his or her food and vehicle or pushcart;
3. Not use or permit anyone else to use a food vending vehicle or pushcart for vending any foods other than those authorized for sale by the commissioner or board unless prior written approval has been obtained from the commissioner or board; provided, however, that an exclusive distributor who has been issued more than one temporary permit pursuant to subitem (I) of item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter must primarily vend or permit anyone else using a pushcart or vehicle for which such exclusive distributor has a temporary permit to primarily vend, the food product that was the subject of the exclusive distribution agreement that such exclusive distributor had with a manufacturer on February third, nineteen hundred ninety-five, and, provided further, that a manufacturer who has been issued more than one temporary permit pursuant to subitem (I) of item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter must primarily vend or permit anyone else using a pushcart or vehicle for which such manufacturer has a temporary permit to primarily vend, the product that such manufacturer sold from a pushcart or vehicle on February third, nineteen hundred ninety-five;
4. Surrender his or her license, permit and plate promptly to the commissioner upon revocation, suspension, termination or expiration of his or her license or permit;*

§ 17-314.1 Transferability.

1. No license, permit or plate issued under this subchapter shall be assignable or transferable.
2. No vehicle or pushcart used to vend food in a public place shall be assignable or transferable with a license, permit or plate that has been issued under this subchapter attached thereto.
3. A transfer in violation of this section shall be deemed to have occurred where, if a corporation is the permittee, there has been a change in fifty percent or more of the ownership interest in such corporation from the ownership interest existing on the date the permit was issued, or where the permittee is a limited liability company, where there has been the addition of any member, and where the permittee is a partnership, where there has been the addition of any partner. Furthermore, any such transfer in an exclusive distributor or a manufacturer who has been issued more than one temporary permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter shall result in the automatic revocation of all such additional temporary permits issued to such persons pursuant to such provision.
4. Notwithstanding the provisions in subdivisions a, b and c of this section:

   1. the commissioner may, in his or her discretion, transfer a permit to a dependent husband, wife, domestic partner or child of an incapacitated or deceased person to whom the permit was issued under this subchapter;

   2. an exclusive distributor or a manufacturer who has been issued more than one temporary permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may lease a vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor’s or manufacturer’s temporary permit attached thereto to a person licensed as a food vendor pursuant to this subchapter if (a) such exclusive distributor or manufacturer files with the department the bill of sale or other proof of ownership for such vehicle or pushcart with a duly issued sales tax receipt attached thereto; (b) such lease agreement sets forth the food product which may be primarily sold using such vehicle or pushcart; and (c) such lease agreement is approved by the department, provided, however, that if such lease agreement is not approved or disapproved within thirty calendar days after such lease agreement is filed with the department, such lease agreement shall be deemed to be approved by the department. The commissioner shall promulgate rules establishing the standards by which the department shall evaluate such lease agreements and such standards shall include, but not be limited to, requirements that such lease agreements contain fair and reasonable terms based upon such factors as the cost of purchasing and maintaining such pushcart or vehicle and that the terms of such lease agreement are the result of an arm’s length negotiation between the parties thereto. Subleasing of any such vehicle or pushcart owned by such exclusive distributor or manufacturer with such exclusive distributor’s or manufacturer’s temporary permit attached thereto is strictly prohibited. Authorized officers and employees of the department of small business services and the department of investigation may assist the commissioner and the department in effectuating the provisions of this paragraph. Any violation or violations of the provisions of this paragraph or any rules promulgated hereunder by an exclusive distributor or a manufacturer who has been issued more than one temporary permit pursuant to item (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of section 17-307 of this subchapter may be the basis for suspension or revocation of all of the permits issued to such exclusive distributor or manufacturer pursuant to this subchapter.

§ 17-315 Restrictions on the placement of vehicles and pushcarts; vending in certain areas restricted or prohibited.

1. No pushcart shall be placed upon any sidewalk unless said sidewalk has at least a twelve foot clear pedestrian path to be measured from the boundary of any private property to any obstruction in or on the sidewalk, or if there are no obstructions, to the curb. In no event shall any pushcart be placed on any part of a sidewalk other than that which abuts the curb.
2. No vending vehicle or pushcart or any other item related to the operation of a food vendor’s business shall touch, lean against or be affixed permanently or temporarily in any building or structure including, but not limited to, lamp posts, parking meters, mail boxes, traffic signal stanchions, fire hydrants, tree boxes, benches, bus shelters, taxi stands, refuse baskets or traffic barriers.
3. All items relating to the operation of a food vending business shall be kept in or under the vending vehicle or pushcart, except that samples of the non-perishable items sold may be displayed on the vending vehicle or pushcart. No items relating to the operation of a food vending business other than an adjoining acceptable waste container shall be placed upon any public space adjacent to the vending vehicle or pushcart, and no food shall be sold except from an authorized vehicle or pushcart.
4. No vending pushcart shall be located against display windows of fixed location businesses, nor shall they be within twenty feet of any entranceway to any building, store, theatre, movie house, sports arena or other place of public assembly, or within twenty feet from exits, including service exits, to buildings that are exclusively residential at the street level.
5. No food vendor shall vend within any bus stop, taxi stand, within the portion of the sidewalk abutting any no standing zone adjacent to a hospital as defined in subdivision one of section 2801 of the New York state public health law, within ten feet of any driveway, any subway entrance or exit, or any crosswalk at any intersection.
6. Each food vendor who vends from a pushcart or vehicle in the roadway shall obey all traffic and parking laws, rules and regulations as now exist or as may be promulgated, but in no case shall a food vendor vend so as to restrict the continued maintenance of a clear passageway for vehicles.
7. [Repealed.]
8. No food vendor shall vend on the median strip of a divided roadway unless such strip is intended for use as a pedestrian mall or plaza.
9. No vendor shall vend within areas under the jurisdiction of the department of parks and recreation unless written authorization therefor has been obtained from the commissioner of such department, but nothing therein contained shall exempt any vendor from obtaining a license and permit in accordance with this subchapter.
10. Where exigent circumstances exist and a police officer or other authorized officer or employee of the city gives notice to a food vendor to temporarily move from a location such vendor shall not vend from such location. For the purpose of this subdivision, exigent circumstances shall include but not be limited to, unusually heavy pedestrian or vehicular traffic, existence of any obstructions in the public space at or near such location, an accident, fire or other emergency situation at or near such location, or a parade, demonstration, or other such event or occurrence at or near such location.
11. No food vendor shall vend on any street at any time where and when the operation of any food vending business is prohibited pursuant to either local law or section 20-465.1 of the code and any rules promulgated pursuant thereto.

   1. No food vendor shall vend in the area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty Street, on the west by the westerly side of West Street and on the north by the southerly side of Barclay Street. In addition:

      (a) No food vendor shall vend on the easterly or westerly side of Greenwich Street between Liberty Street and Thames Street;

      (b) No food vendor shall vend on the easterly side of West Broadway between Barclay Street and Park Place;

      (c) No food vendor shall vend on the northerly or southerly side of Liberty Street between Trinity Place to West Street;

      (d) No food vendor shall vend on the easterly side of West Street between Liberty Street and Cedar Street;

      (e) No food vendor shall vend on the westerly side of Trinity Place between Liberty Street and Thames Street; and

      (f) Notwithstanding the restriction described in paragraph 1 of subdivision k, food vending shall be permitted on the following streets provided that food vendors comply with all applicable laws and rules:

         (1) The easterly and westerly side of Broadway between Barclay Street and Vesey Street;

         (2) The easterly side of West Street between Barclay Street and Vesey Street; and

         (3) The southerly side of Barclay Street between Church Street and Broadway.

   2. Food vendors shall be prohibited from vending on the following streets at the following days and times:

BOROUGH OF MANHATTAN

Third Avenue: East 40th to East 57th Street, Monday through Friday, 8 am to 6 pm; East 58th to East 60th Street, Monday through Saturday, 8 am to 9 pm; Lexington Avenue: East 40th to East 57th Street, Monday through Saturday, 8 am to 7 pm; East 58th to East 60th Street, Monday through Saturday, 8 am to 9 pm; East 61st to East 69th Street, Monday through Saturday, 8 am to 6 pm; Park Avenue: East 34th to East 42nd Street, Monday through Friday, 8 am to 7 pm; East 55th to East 59th Street, Monday through Friday, 10 am to 7 pm; Vanderbilt Avenue: East 42nd to East 45th Street, Monday through Friday, 8 am to 7 pm; Madison Avenue: East 34th to East 45th Street, Monday through Friday, 8 am to 6 pm; East 46th to East 59th Street, Monday through Saturday, 10 am to 7 pm; Fifth Avenue: 32nd to 59th Street, Monday through Saturday, 8 am to 7 pm; Avenue of the Americas: West 32nd to West 59th Street, Monday through Saturday, 8 am to 7 pm; Broadway: West 32nd to West 52nd Street, Everyday, 8 am to 8 pm; Seventh Avenue: West 33rd to West 34th Street, Monday through Saturday, 8 am to 6 pm; West 35th to West 45th Street, Monday through Saturday, 8 am to midnight; West 46th to West 52nd Street, Monday through Saturday, 2 pm to 7 pm; Fourteenth Street: Broadway to Seventh Avenue, Monday through Saturday, noon to 8 pm; West Thirty-fourth Street: Fifth Avenue to Seventh Avenue, Monday through Saturday, 8 am to 7 pm; Fortysecond Street: Third Avenue to Eighth Avenue, Monday through Saturday, 8 am to 7 pm; West Forty-third Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Forty-fourth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Forty-fifth Street: Broadway to Eighth Avenue, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Forty-sixth Street: Seventh to Eighth Avenues, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Forty-seventh Street: Fifth to Eighth Avenues, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Forty-eighth Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Forty-ninth Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Fiftieth Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Fifty-first Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Fifty-second Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm; West Fifty-third Street: Broadway to Eighth Avenues, Wednesday and Saturday, noon to 11 pm; Sunday, noon to 6 pm; Other days, 7 pm to 11 pm.

BOROUGH OF QUEENS

Main Street: Northern Boulevard to Sanford Avenue, every day, noon to midnight; 38th Avenue: Prince Street to 138th Street, every day, noon to midnight; Prince Street: 38th Avenue to 39th Avenue, every day, noon to midnight; 39th Avenue: College Point Boulevard to Union Street, every day, noon to midnight; Lippman Plaza: 39th Avenue to Roosevelt Avenue, every day, noon to midnight; Roosevelt Avenue: College Point Boulevard to Union Street, every day, noon to midnight; 41st Avenue: College Point Boulevard to Union Street, every day, noon to midnight; Kissena Boulevard: 41st Avenue to Barclay Avenue, every day, noon to midnight; Sanford Avenue: Frame Place to Main Street, every day, noon to midnight.

   3. No food vendor shall vend beginning on Thanksgiving until New Year’s Day of the following year in the area including and bounded on the west by the westerly side of 10th avenue, on the south by the southerly side of 86th street, on the east by the easterly side of 13th avenue and on the north by the northerly side of 81st street, between the hours of midnight to 6:00 a.m. and between the hours of 2:00 p.m. to midnight, in the borough of Brooklyn.

§ 17-316 Prohibitions.

No person shall sell, give or otherwise transfer any food to an unlicensed food vendor for resale.

§ 17-317 Issuance, renewal, suspension and revocation of licenses and permits.

1. The commissioner may refuse to issue a food vendor license or a permit to vend food from a vehicle or pushcart in a public place, and may, after due notice and an opportunity to be heard, in addition to any other penalties provided herein, refuse to renew, suspend or revoke a food vendor license or a permit to vend food from a vehicle or pushcart in a public place, upon the occurrence of any one or more of the following conditions:

   1. the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have made a material false statement or concealed a material fact in connection with:

      (a) an application for a food vendor license or a permit to vend food from a vehicle or pushcart in a public place; or

      (b) the sale of any item of food.

   2. the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have been found guilty of four or more violations of this subchapter or any rules promulgated pursuant thereto within a two-year period or have been found guilty of a violation of the provisions of part fourteen of the state sanitary code or of the New York city health code, or the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have pending any unanswered summonses for violation of this subchapter or any rules promulgated pursuant thereto.

   3. the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have been convicted of any offense which, in the judgment of the commissioner, has a direct relationship to such person’s fitness or ability to perform any of the activities for which a license or permit is required under this subchapter or has been convicted of any other offense which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to issue or renew, or to suspend or revoke, such license or permit.

   4. with respect to renewal of a food vendor license, a licensee is not in compliance with the rules promulgated by the commissioner of finance pursuant to subdivision b of section 17-310 of this subchapter.

   5. A licensee issued a “fresh fruits and vegetables” permit, pursuant to paragraph 4 of subdivision b of section 17-307 of this subchapter, is found to be vending food other than fresh fruits and vegetables or is found to be vending in a police precinct other than one in which the licensee is authorized to vend in accordance with his (her) borough-specific permit.

2. The commissioner shall not issue or renew a food vendor license or a permit to vend food from a vehicle or pushcart in a public place if the applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees have failed to pay any fine, penalty or judgment duly imposed pursuant to the provisions of this subchapter or any rules promulgated thereunder.
3. The commissioner, for good cause, may, prior to giving notice and an opportunity to be heard, suspend a license or permit issued pursuant to this subchapter for a period of up to ten days. Notice of such suspension shall be served on the licensee or permittee. The commissioner shall provide the licensee or permittee with the opportunity for a hearing within ten days after the notification of suspension, after which the commissioner shall forthwith make a determination as to whether such suspension should continue and the length of such suspension, and in addition may impose any penalty or sanction authorized by this subchapter or any rules promulgated pursuant thereto.
4. Unless otherwise provided in section 17-314.1 of this subchapter, the commissioner shall not renew a permit to vend food from a vehicle or pushcart in a public place where the permittee has died if the permittee is a natural person, or if the permittee is a corporation, where there has been a change in fifty percent or more of the ownership interest in such corporation from the ownership interest existing on the date the permit was issued; where the permittee is a limited liability company, where there has been the addition of any member or where such limited liability company has been dissolved, and where the permittee is a partnership, where there has been the addition of any partner or where such partnership has been dissolved.
5. Each applicant, licensee and permittee shall notify the department in writing by registered mail, return receipt requested, within three business days of receipt of a notice of service of a summons for a violation relating to conducting, maintaining or operating a food vending business and a conviction of such applicant, licensee, permittee, its officers, directors, shareholders, members, managers or employees for any offense occurring after the filing date of the application for a license or permit or a renewal thereof or occurring during the term of the license or permit.
6. Any person issued a food vendor license pursuant to this subchapter who commits three or more violations of the provisions of this subchapter and any rules promulgated thereunder within a two year period shall have his or her food vendor license revoked.

§ 17-318 Notice; hearings.

Unless otherwise specifically provided, notice and hearing upon denial of an application or suspension or revocation of a license shall be in accordance with applicable provisions of the New York city health code.

§ 17-320 Exemptions.

1. The commissioner or board may promulgate rules exempting any non-profit association, including but not limited to a government agency, charitable, educational, religious or other such organization, from compliance with any of the provisions of this subchapter.
2. Notwithstanding any other provision of this subchapter, a person may be issued more than one full-term or temporary food vendor permit to vend in any area under the jurisdiction of the department of parks and recreation pursuant to an agreement entered into in accordance with chapter fourteen of the charter. Such person shall be exempt from any provisions of this subchapter restricting the number of full-term or temporary food vendor permits that may be issued to any one person and the full-term or temporary food vendor permits issued to such persons also shall be exempt from any provisions of this subchapter restricting the total number of full-term and temporary food vendor permits that may be issued. Such permits shall be subject to all other provisions, limitations and conditions imposed by this code or the health code, and all rules promulgated thereunder.

§ 17-321 Enforcement.

1. Public health sanitarians or other authorized officers or employees of the department and police officers shall have the power to enforce all laws, rules and regulations relating to food vendors. This provision shall in no way restrict any other power granted by law to any officer or employee of the city.
2. If a food vendor does not move his or her vehicle or pushcart when directed to do so by a police officer or other authorized officer or employee of the city in compliance with the provisions of subdivision k of section 17-315 of this subchapter, such officer or employee may provide for the removal of such vehicle or pushcart to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle or pushcart may be charged with reasonable costs for such removal and storage, payable prior to the release of such vehicle or pushcart.
3. An officer or employee designated in subdivision a of this section may seize any vehicle or pushcart which (i) does not have a permit or (ii) is being used to vend on property owned by the city and under the jurisdiction of a city agency including, but not limited to, the department of parks and recreation or the department of small business services, without the written authorization of the commissioner of such department, or (iii) is being used by an unlicensed vendor, or (iv) is being used to vend in the area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty Street, on the west by the westerly side of West Street and on the north by the northerly side of Vesey Street, or (v) is selling food not authorized by the permit, and may seize any food sold or offered for sale from such vehicle or pushcart. Such vehicle, pushcart or food shall be subject to forfeiture as provided in section 17-322 of this subchapter. If a forfeiture proceeding is not commenced, the vendor may be charged with the reasonable costs for removal and storage payable prior to the release of such food, vehicle or pushcart unless the charge of vending without a permit or vending without a license or vending without the authorization of such commissioner is dismissed.
4. If a food vendor operates any food vending business on any street at any time where and when the operation of any food vending business is prohibited pursuant to the provisions of section 20-465.1 of the code and any rules promulgated pursuant thereto, or if a food vendor operates a food vending business in the area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty Street, on the west by the westerly side of West Street and on the north by the northerly side of Vesey Street, any authorized officer or employee of the city or member of the New York city police department is authorized to provide for the removal of such food vendor’s food, vehicle or pushcart to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such vehicle or pushcart or food may be charged with reasonable costs for removal and storage.
5. Any notice of violation issued to a food vendor by an officer or employee described in subdivision a of this section that is returnable to the environmental control board shall state the permit number of the vehicle or pushcart associated with such notice of violation.

§ 17-322 Forfeitures.

1. In addition to any penalties imposed pursuant to subdivision a of section 17-325 of this subchapter upon any person found guilty of violating subdivision a, b or c of section 17-307 of this subchapter, all property seized pursuant to this subchapter shall be subject to forfeiture upon notice and judicial determination. Notice of the institution of the forfeiture proceeding shall be in accordance with the provisions of the civil practice law and rules.
2. The police department having custody of the seized property, after judicial determination of forfeiture shall, upon a public notice of at least five days, sell such forfeited property at public sale. The net proceeds of such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the city of New York.

§ 17-323 Seizure of perishable food.

In the event that a seizure made pursuant to this subchapter shall include any perishable item of food which cannot be retained in custody without such item becoming unwholesome, putrid, decomposed or unfit in any way, the commissioner may order such item destroyed or otherwise disposed of provided, however, that written notice of such destruction or other disposition setting forth an itemized description of the property, the reason for its destruction or other disposition, and the date when it was destroyed or otherwise disposed of be mailed to the food vendor from whom it was seized within twenty-four hours after such disposition. A copy of such notice shall be kept on file by the department for a period of one year.

§ 17-323.1 Notification concerning seizure of food.

In the event that an agency seizes food when an employee or agent of the department of health and mental hygiene is present and determines that such food meets the sanitary requirements in the New York city health code, such agency shall, before disposing of such food, notify at least one food rescue organization that such organization may retrieve all or part of such food at such organization’s expense. For the purposes of this section, the term “food rescue organization” means an organization that (i) retrieves, stores or distributes food that would otherwise be discarded, donated food or donated grocery products and (ii) donates such food or such grocery products to individuals, distributes such food or such grocery products to other food rescue organizations or otherwise distributes such food or such grocery products in connection with a food emergency program, food donation program or similar program.

§ 17-324 Rules.

The commissioner or board shall make such rules as deemed necessary for the proper implementation and enforcement of this subchapter.

§ 17-325 Penalties.

1. Any person who violates the provisions of subdivision a, b, or c of section 17-307 of this subchapter shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred fifty dollars nor more than one thousand dollars, or by imprisonment for not more than three months or by such fine and imprisonment.
2. Except as provided in subdivision a of this section, a person who violates any provision of this subchapter or any of the rules or regulations promulgated hereunder shall be guilty of an offense punishable by the court as follows:

   1. For the first violation, a fine of not less than twenty-five nor more than fifty dollars.

   2. For the second violation issued for the same offense within a period of two years of the date of a first violation, a fine of not less than fifty dollars nor more than one hundred dollars.

   3. For a third violation issued for the same offense within a period of two years of the date of a first violation, a fine of not less than one hundred dollars nor more than two hundred and fifty dollars, in addition to the remedy provided for in subdivision f of section 17-317 of this subchapter.

   4. For any subsequent violations issued for the same offense within a period of two years of the date of a first violation, a fine of not more than five hundred dollars.

3. 1. In addition to the penalties prescribed by subdivision a of this section, any person who violates, or any person aiding another to violate, the provisions of subdivision a, b, or c of section 17-307 of this subchapter shall be liable for a civil penalty of not less than one hundred fifty dollars nor more than one thousand dollars together with a penalty of one hundred dollars per day for every day during which the unlicensed business operated.

   2. In addition to the penalties prescribed by subdivision b of this section, any person who violates any of the provisions of this subchapter, other than subdivision a, b, or c of section 17-307 of this subchapter, or any of the rules and regulations promulgated hereunder shall be liable for a civil penalty as follows:

      (a) For the first violation, a penalty of not less than twenty-five nor more than fifty dollars.

      (b) For the second violation issued for the same offense within a period of two years of the date of a first violation, a penalty of not less than fifty dollars nor more than one hundred dollars.

      (c) For the third violation issued for the same offense within a period of two years of the date of a first violation, a penalty of not less than one hundred dollars nor more than two hundred and fifty dollars, in addition to the remedy provided for in subdivision f of section 17-317 of this subchapter.

      (d) For any subsequent violations issued for the same offense within a period of two years of the date of a first violation, a penalty of not more than five hundred dollars.

4. A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision c of this section shall be commenced by the service of a notice of violation which shall be returnable to the environmental control board or the administrative tribunal established by the board of health. The environmental control board or the board of health’s administrative tribunal shall have the power to impose the civil penalties prescribed by subdivision c of this section.

§ 17-325.1 Failure to display and produce license or permit; presumptive evidence of unlicensed or unpermitted activity.

1. In any civil or criminal action or proceeding, failure by a food vendor who is required to be licensed pursuant to the provisions of this chapter to display and exhibit upon demand a food vendor’s license in accordance with the provisions of this chapter to any police officer, public health sanitarian or other authorized officer or employee of the department or other city agency shall be presumptive evidence that such food vendor is not duly licensed.
2. In any civil or criminal action or proceeding, the failure of any vehicle or pushcart which is required to be permitted pursuant to the provisions of this chapter to have a permit plate affixed thereto in accordance with the provisions of this chapter shall be presumptive evidence that such vehicle or pushcart is not duly permitted.

§ 17-325.2 Reports on vendor license and permit renewals, suspensions and revocations.

Commencing on June 1, 2013, and every twelve months thereafter, the department shall issue an annual report to the council with respect to food vendor licenses and pushcart or vehicle permits. Each report shall include the following information for the twelve-month period prior to the issuance of the report: (i) the number of food vendor license renewals denied and the basis for each such denial, including but not limited to outstanding or multiple violations of the provisions of subchapter two of chapter three of title 17 of the administrative code; (ii) the number of food vending pushcart or vehicle permit renewals denied and the basis for each such denial, including but not limited to outstanding or multiple violations of the provisions of subchapter two of chapter three of title 17 of the administrative code; (iii) the number of food vendor license suspensions pursuant to section 17-317 of the administrative code and the basis for each such suspension; (iv) the number of food vending pushcart or vehicle permit suspensions pursuant to section 17-317 of the administrative code and the basis for each such suspension; (v) the number of food vendor license revocations pursuant to section 17-317 of the administrative code and the basis for each such revocation; and (vi) the number of food vending pushcart or vehicle permit revocations pursuant to 17-317 of the administrative code and the basis for each such revocation.

§ 17-325.3 Sanitary inspection grading.

The department shall establish and implement a system for grading and classifying inspection results for each vending vehicle or pushcart using letters to identify and represent a vending vehicle or pushcart’s degree of compliance with laws and rules that require such vending vehicle and pushcart to operate in a sanitary manner to protect public health. Where practicable, such system shall be implemented in a manner consistent with the implementation of the letter grading program established by the department for food service establishments pursuant to section 81.51 of the health code.

Subchapter 3: Rental Horse Licensing and Protection Law

§ 17-326 Definitions.

Whenever used in this subchapter, the following terms have the following meanings:

ASPCA. The term “ASPCA” means the American Society for the Prevention of Cruelty to Animals.

Carriage horse. The term “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 subchapter. A horse used for any other purpose shall not be deemed to be a carriage horse for the purposes of this subchapter.

Equine heat index. The term “equine heat index” means the sum of the air temperature, in degrees Fahrenheit, and the relative humidity at a particular point in time.

Owner. The term “owner” means the owner of a horse which is required to be licensed pursuant to this subchapter and the owner of a rental horse business in which such horse is used.

Person. The term “person” means an individual, partnership, corporation, association or other legal entity.

Relative humidity. The term “relative humidity” means the value, expressed as a percentage, determined by a device designed to measure relative humidity

Rental horse. The term “rental horse” means a horse which is used in a rental horse business.

Rental horse business. The term “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.

Riding horse. The term “riding horse” means a horse which is available to the public for a fee for the purpose of riding.

Stable. The term “stable” means any place, establishment or facility where one or more rental horses are housed or maintained.

Under tack. The term “under tack” means that a horse is equipped for riding or driving.

Veterinarian. The term “veterinarian” means a person licensed to practice veterinary medicine in the state of New York.

Work. 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.

§ 17-327 License required.

1. On and after January first, nineteen hundred eighty-two 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 this subchapter. For purposes of this subchapter the use of a horse in a rental horse business means that a horse is used or offered for use by the public for a fee for the purpose of riding or drawing a horse drawn vehicle 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 term.
3. The annual fee for a license or the renewal of a license shall be twenty-five dollars.
4. Application for a license or the renewal of a license shall be made to the department of health and mental hygiene. Such application shall contain the name and address of the owner of the horse and of the owner of the rental horse business in which such horse is to be used if such person is not the owner of the horse, the age, sex, color, markings and any other identifying marks such as brands or tattoos of the horse, the location of the stable where the horse is to be kept and any other information which the commissioner of health and mental hygiene may require. An application with respect to a horse which is used in the operation of a “horse drawn cab” as defined in subchapter twenty-one of chapter two of title twenty of this code shall include the identification number required to be inscribed on such horses hoof pursuant to the rules and regulations of the department of consumer affairs. The application shall be accompanied by the license or renewal fee.
5. No license shall be transferable. Upon the transfer of ownership of any horse to a new owner, the new owner shall obtain a license for such horse within fifteen days after the date of the transfer of ownership.

§ 17-328 Identification tag and certificate of license.

1. Each horse licensed pursuant to the provisions of this subchapter shall be assigned an official identification number by the department. Such identification number shall be branded on the hoof of the horse in a manner to be prescribed by the commissioner and shall also be inscribed on a metal tag which shall be attached to the bridle of the horse in a conspicuous place to be specified by the commissioner at all times when the horse is at work. Such tag shall be issued to the owner with the certificate of license. The tag and certificate of license shall be of such form and design and shall contain such information as the commissioner shall prescribe. Duplicate tags and certificates of license shall be issued only upon proof of loss of the original and the payment of a fee of two dollars.
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 the ASPCA or employees of the department of consumer affairs or any persons designated by the commissioner to enforce this subchapter.

§ 17-329 Disposition of licensed horse.

The department shall be notified of the transfer of ownership or other disposition of a licensed horse within ten days thereafter. Such notice shall include the date of disposition and if sold in New York city, the name and address of the buyer or other transferee and such other information as the commissioner may prescribe. A horse shall not be sold or disposed of except in a humane manner.

§ 17-330 Regulations.

1. 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.

   1. Horses shall not be left untethered or unattended except when confined in a stable or other enclosure. When tethered, all horses shall be secured by the use of a rope attached to the halter, not to the bit or bridle.

   2. Horse bridles and halters shall be used on carriage horses at all times when operating a carriage.

3. Standing stalls for carriage horses shall be sixty square feet or larger, with a minimum width of seven feet, and shall be configured to permit a carriage horse to turn around and safely lay down within the stall. Horses shall be un-tied when stabled. A halter shall be on the horse or hung outside each stall at all times.
4. 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.
5. 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.
6. 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.
7. 1. 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.

   2. Carriage horses shall receive no less than five weeks of vacation or furlough every twelve months at a horse stable facility which allows daily access to paddock or pasture turnout. Proof of such vacation or furlough shall be provided upon request to the department and/or the ASPCA.

8. 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.
9. 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.
10. 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.
11. 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.
12. 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. An owner of a rental horse business shall also keep written protocols for emergencies, including but not limited to primary and secondary emergency contact information for each horse owner and insurance company information, if applicable. 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.
13. 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.
14. Every horse required to be licensed hereunder shall be examined by a veterinarian prior to its use in a rental horse business, at time of each license renewal, and thereafter at intervals of not less than four months and not greater than eight months. The examination shall include the general physical condition of the horse, its teeth, hoofs and shoes, its stamina and physical ability to perform the work or duties required of it, and whether it is current on vaccinations, including those for rabies, Eastern/Western equine encephalitis, West Nile virus, Rhinopneumonitis virus, and tetanus, or any other vaccinations the Commissioner may require by rule. 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 and shall be displayed on the outside of the such horse’s individual stall. An original of said certificate shall be mailed by the examining veterinarian to the department.
15. 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 (i) the air temperature is 90 degrees Fahrenheit or above, or (ii) the air temperature is 80 degrees Fahrenheit or above and the equine heat index is 150 or above.

   3. For purposes of this subdivision, air temperatures shall be those measured by a state-of-the-art thermometer, as determined by the commissioner. Relative humidity shall be determined by a state-of-the-art hygrometer or any other device having the same capability to measure relative humidity, as determined by the commissioner. Air temperatures and relative humidity shall be measured by the commissioner or the commissioner’s designee at street level at one of the stands designated pursuant to section 19-174.

   4. If either of the limits set by paragraph 2 of this subdivision are exceeded during the course of a particular ride, at the ride’s conclusion, but no later than one-half hour after either of these limits are exceeded, 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 either of the limits set in paragraph 2 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.

16. Every carriage horse required to be licensed hereunder shall be equipped with a manure catching device. Such devices shall be affixed or attached to the carriage and shall at no time be affixed or attached to the horse.
17. Carriage horses shall not be younger than five years at the time placed into service in any rental horse business and licensed. No carriage horse older than 26 years of age shall be licensed to work in a rental horse business. Acceptable proof of age shall include a signed letter from a licensed veterinarian stating the horse’s age, a certificate from an officially recognized national registry of horses stating the horse’s age, or another industry approved method of certifying age.
18. Owners shall insure that during the months of November through April every carriage is equipped with a heavy winter horse blanket large enough to cover the horse from crest of neck to top of rump. Such blankets shall be used to cover carriage horses in cold weather. Waterproof horse blankets of a lighter material shall be provided at all times to cover the horse from withers to tail during periods of wet weather when the air temperature is 55 degrees or below.

§ 17-331 Advisory board.

1. The commissioner shall appoint an advisory board consisting of five members as follows:

   1. Two members shall be appointed from among the owners of rental horse businesses operating within the city, one of whom shall be representative of the interests of owners of riding horses and one of whom shall be representative of the interests of owners of carriage horses.

   2. Two members shall be appointed from the public at large. However, in no event shall more than one person so appointed to the board be a member of the board of directors or an employee of any animal humane society or association.

   3. One member shall be a veterinarian.

2. The terms of office of the members of the board shall be three years except that the terms of office of the members first appointed shall be as follows:

   1. Two of such members first appointed shall serve for a term ending on the thirty-first day of December, nineteen hundred eighty-two.

   2. Two of such members first appointed shall serve for a term ending on the thirty-first day of December, nineteen hundred eighty-three.

   3. One of such members first appointed shall serve for a term ending on the thirty-first day of December, nineteen hundred eighty-four.

3. The members of the board shall serve without compensation.
4. The board shall make recommendations to the commissioner on regulations necessary to carry out the provisions of this subchapter and to promote the health, safety and well-being of horses which are required to be licensed hereunder and of members of the public who hire such horses.

§ 17-332 Violations.

1. Any violation of this subchapter, or of any of the rules promulgated hereunder, shall upon conviction thereof be punishable by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment not exceeding fifteen days, or both.
2. In lieu of criminal prosecution, any violation of this subchapter or any of the rules promulgated hereunder may be prosecuted as civil violations subject to a civil penalty of not less than twenty-five dollars nor more than five hundred dollars or by the suspension or revocation of a license and the suspension from work of the horse with respect to which the act caused the violation was committed or by both such civil penalty and suspension. Civil violations, under this section, shall be adjudicated before the administrative tribunal of the department.

§ 17-333 Lighting of horse drawn cabs. [Repealed]

1. The provisions of this subchapter shall not be construed to supersede or affect any of the provisions of subchapter twenty-one of chapter two of title twenty of the code relating to a “horse drawn cab” as defined therein or any of the regulations of the commissioner of consumer affairs promulgated thereunder.
2. The provisions of this subchapter shall not be construed to permit the possession or use of a horse in any area where such possession or use is prohibited by any other law, rule or regulation.
3. The provisions of this subchapter shall not be construed to prohibit the ASPCA or the department from enforcing any provision of law, rule or regulation relating to the humane treatment of animals with respect to any horse regardless of whether such horse is required to be licensed pursuant to the provisions of this subchapter.

§ 17-334.1 Training program and examination.

1. The department shall offer a training program and a written examination for all horse drawn cab drivers. The commissioner shall issue a certificate to any person successfully completing the training program and achieving satisfactory results on the written examination administered by the department. Subjects which shall be included in such training program are: (1) proper horse care and grooming, (2) proper preparation and cleaning of harnesses and padding, (3) proper fitting of the bit, bridle and harness to the horse, (4) proper hitching of the horse to the carriage, (5) traffic laws and rules of the city of New York, (6) permissible hours and areas of operation of horse drawn cabs in the city of New York, (7) all laws and rules of the city of New York pertaining in any way to horse drawn cabs and (8) such other subjects as shall be deemed appropriate and necessary by the commissioner.
2. The department may impose a fee for the training program and examination, as provided in subdivision a herein, in order to defray expenses incurred in the administration thereof.
3. The department shall offer the training program and examination, as provided in subdivision a herein, on a regularly scheduled basis, no less frequently than at least four times per year or more frequently as deemed necessary by the commissioner.
4. The training program shall be available only to persons holding a currently valid driver’s license.

Subchapter 4: Inhalation therapy

§ 17-335 Inhalation therapy.

1. Definitions. Whenever used in this section, the following terms shall mean and include:

   1. “Inhalation therapy.” The therapeutic use of oxygen, helium, carbon dioxide or other gas or gases for a human being.

   2. “Inhalation therapy service.” The furnishing of gas and complete inhalation therapy equipment, with or without a technician to administer or operate the same, or the furnishing, with one or more other persons, of such gas and complete equipment, or the furnishing of a supervising technician or technician to operate inhalation therapy equipment.

   3. “Purveyor.” A person who directly or indirectly engages in the business of supplying inhalation therapy service or who holds himself or herself out, directly or indirectly, or by a sign, stationery, business card, billhead, advertisement or otherwise as being engaged in the business of supplying inhalation therapy service. The term “purveyor” shall not include a hospital or other institution subject to visitation or inspection by the state department of social services, pursuant to section four hundred sixty-c of the social services law, a hospital or other institution operated by the city, or a manufacturer or distributor of gas or inhalation therapy equipment, unless such manufacturer or distributor supplies inhalation therapy service consisting of gas and complete inhalation equipment, with or without, a technician to operate the same, or a technician to operate inhalation therapy equipment.

   4. “Supervising technician.” A person who is the technical supervisor or director of the inhalation therapy service of a purveyor and who supervises the technicians who operate the inhalation therapy equipment of such purveyor or for such purveyor.

   5. “Technician.” A person who operates inhalation therapy equipment of a purveyor or for a purveyor under the supervision of a supervising technician. The terms “supervising technician” shall not include any person administering any gas (a) for emergency first aid, (b) for emergency resuscitation, (c) in conjunction with or during lawful administration of an anesthetic, (d) in a hospital or other institution subject to visitation or inspection by the state department of social services, pursuant to section four hundred sixty-c of the social services law, or (e) in a hospital or other institution operated by the city.

2. Purveyors’ licenses, supervising technicians’ and technicians’ certificates of competency.

   1. It shall be unlawful for any person to be a purveyor without a license therefor and it shall be unlawful for any person to be a supervising technician or technician without a certificate of competency therefor.

   2. The annual fee for a license to be a purveyor shall be fifty dollars. The fee for a certificate to be a supervising technician shall be ten dollars and the annual renewal fee shall be one dollar. The fee for a certificate to be a technician shall be five dollars and the annual renewal fee shall be one dollar.

   3. Each purveyor shall cause his or her license to be conspicuously displayed in his or her principal place of business. Each supervising technician and each technician, during the performance of his or her duties as such, shall carry his or her certificate or renewal certificate on his or her person and shall display the same on demand.

   4. The department shall issue licenses and certificates of competency and renewals thereof pursuant to this section. Each such license, certificate and renewal shall expire on the thirty-first day of December next succeeding the date of issuance thereof.

   5. All licenses, certificates of competency and renewals thereof issued pursuant to this section shall be according to an established form and shall be regularly numbered and duly registered.

   6. Where the applicant is a non-profit organization or an employee of such organization and the activity for which the license is required, is operated or is to be operated on a non-profit basis, the commissioner may in his or her discretion waive the payment of any of the fees prescribed by this section for such licenses issued by him or her.

3. Commissions prohibited. For the better protection and preservation of the public health, safety and welfare of the city and its inhabitants, it shall be unlawful for any purveyor, supervising technician or technician, directly or indirectly, to pay or give, permit or cause to be paid or given, or offer to pay or give to any person, or for any person, directly or indirectly, to request, receive or accept from any purveyor, supervising technician or technician any sum of money, credit or other valuable consideration as a commission, discount or gratuity for:

   1. Recommending or procuring the inhalation therapy service of such purveyor for any other person, or

   2. Directing patronage or clientele to such purveyor, or

   3. Influencing any person to refrain from using or utilizing the inhalation therapy service or equipment of any other purveyor or person. The provisions of this subdivision shall be inapplicable to:

      1. Compensation paid by a purveyor to his or her bona fide employees or for bona fide advertising.

      2. Trade discounts granted by one purveyor to another purveyor.

4. Operation of equipment. It shall be unlawful for any purveyor to supply inhalation therapy service or equipment, unless the use thereof is prescribed and supervised by a licensed physician and the operation thereof is controlled by a licensed physician, a supervising technician or a technician. A purveyor shall be deemed to have complied with the requirement of this subdivision with respect to a prescription for the use of inhalation therapy service or equipment if:

   1. He or she or his or her representative shall have ascertained from the physician or from a person employed in the office of the physician having knowledge thereof or from the registered nurse charged with the care of the person requiring such inhalation therapy, that the physician has prescribed the use of such inhalation therapy or equipment; and

   2. He or she or his or her representative has made a note on the records of such purveyor of the name and address of the physician, the name of the registered nurse or the person in the office of the physician from whom such information was received and the date on and the time at which such information was received. The provisions of this subdivision shall be inapplicable to the use of inhalation therapy in the administration of emergency first aid, emergency resuscitation, in conjunction with or during lawful administration of anesthetic, in a hospital or other institution subject to visitation or inspection by the state department of social services pursuant to section four hundred sixty-c of the social services law or in a hospital or other institution operated by the city.

5. Powers of department. For the better protection of the health, safety and welfare of the inhabitants of the city, the department shall have power to:

   1. Promulgate rules and regulations governing inhalation service or equipment and for the proper enforcement of the provisions of this section.

   2. Conduct examinations for and issue certificates of competency to supervising technicians and technicians.

   3. Inspect or investigate the inhalation therapy equipment or service of any purveyor.

   4. Make and enforce orders with relation to the care, use, operation, testing and repair of inhalation therapy service or equipment.

   5. Deny, suspend or revoke a license, certificate of competency or any renewal thereof for failure to comply with the provisions of this section or with any rule, regulation, standard or order prescribed or made by the department with relation to inhalation therapy service or equipment.

6. [Repealed.]

§ 17-336 Purveyors of certain services regulated.

1. Whenever used in this section, the following terms shall mean and include:

   1. “Purveyor.” A person who directly or indirectly engages in the business of supplying a service or services to another person or persons for use or utilization by such other person or persons.

   2. “Service” or “services.” The sale, rental, supplying or furnishing of:

      (a) Clinical laboratory services or supplies

      (b) X-ray laboratory services or supplies

      (c) Inhalation therapy service or equipment

      (d) Ambulances service

      (e) Sick room supplies

      (f) Physical therapy service or equipment

      (g) Orthopedic or surgical appliances or supplies

      (h) Drugs, medication or medical supplies

      (i) Glasses, lenses or other optical supplies or equipment

      (j) Hearing aids or devices

      (k) Any other goods, services, supplies or procedures prescribed or suggested for medical diagnosis, care or treatment.

2. For the better protection and preservation of the public health, safety and welfare of the city and its inhabitants, it shall be unlawful for any purveyor, directly or indirectly, to pay or give, permit or cause to be paid or given, or offer to pay or give to any person, or for any person, directly or indirectly, to request, receive or accept from any purveyor any sum of money, credit or other valuable consideration as a commission, discount or gratuity for:

   1. Recommending or procuring a service of such purveyor for any other person, or

   2. Directing patronage or clientele to such purveyor, or

   3. Influencing any person to refrain from using or utilizing a service of any other purveyor.

3. The provisions of subdivision b of this section shall be inapplicable to:

   1. Compensation paid by a purveyor to his or her bona fide employees or for bona fide advertising.

   2. Trade discounts granted by one purveyor to another purveyor.

4. [Repealed.]

§ 17-337 Air quality standards for compressed air in underwater breathing tanks.

Compressed air to be used in tanks for underwater breathing that are offered for sale, sold, or distributed in the city of New York, shall, at a minimum, meet the air quality standards for grade e air of the compressed gas association publication “G-7.1-2004, commodity specification for air,” or a more stringent standard as may be determined by the department.

Subchapter 6: Dangerous Dog Regulation and Protection Law

§ 17-342 Definitions.

Whenever used in this subchapter, the following terms shall be defined as follows:

1. “Person” means any individual, partnership, firm, joint stock company, corporation or employee thereof, or other legal entity, unless otherwise stated.
2. “Owner” means any person possessing, harboring, keeping, having an interest in, or having control or custody of a dog.
3. “Dangerous dog” means (1) any dog that when unprovoked, approaches, or menaces any person in a dangerous or terrorizing manner, or in an apparent attitude of attack, upon the streets, sidewalks, or any public grounds or places; or (2) any dog with a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or (3) any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or (4) any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
4. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring either multiple stitches or cosmetic surgery.
5. “Unprovoked” means that the dog was not hit, kicked, taunted or struck by a person with any object or part of a person’s body nor was any part of the dog’s body pulled, pinched or squeezed by a person.

§ 17-343 Acquisition of a dangerous dog prohibited.

1. No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals when not provoked.
2. No person shall sell, offer for sale, breed, buy or attempt to buy any dangerous dog within the city of New York.

§ 17-344 Humane destruction.

The commissioner may order the humane destruction of any dog that kills or causes severe injury to a human being.

§ 17-345 Determination of a dangerous dog.

The commissioner shall have the authority to make a determination that a dog is dangerous, as defined in subdivision (c) of section 17-342, upon the complaint of any person that a dog is dangerous. The Commissioner shall make such determination after a hearing, written notice of which shall be given to the complainant and to the owner of the dog, within fifteen days after seizure of the dog has been ordered by the department, where the owner’s address can be reasonably ascertained by the commissioner. The hearing shall be held no less than ten days nor more than twenty days after such notice is mailed to the owner of the dog. At such hearing all interested persons shall have the opportunity to present evidence on the issue of the dog’s dangerousness. In the event that the dog in question has caused severe injury to any person, the commissioner may impound the dog, at the owner’s expense, pending the hearing and determination of the complaint. If, after the hearing, the commissioner determines that the dog is dangerous, he or she may order the owner to comply with one or more of the following requirements, in any combination thereof:

1. Registration. The commissioner may order the owner of a dangerous dog to register such dog with the department. The application for such registration shall contain the name and address of the owner, the breed, age, sex, color, and any other identifying marks of the dog, the location where the dog is to be kept if not at the address of the owner and any other information which the commissioner may require. The application for registraton pursuant to this paragraph shall be accompanied by a registration fee of twenty-five dollars. Each dog registered pursuant hereto shall be assigned an official registration number by the department. Such registration number shall be inscribed on a metal tag which shall be attached to the dog’s collar at all times. The tag and a certificate of registration shall be of such form and design and shall contain such information as the commissioner shall prescribe and shall be issued to the owner upon payment of the registration fee and the presentment of sufficient evidence that the owner has complied with all of the orders of the commissioner as prescribed at the determination hearing.
2. Muzzling or confinement. The commissioner may order the owner of a dangerous dog to muzzle the dog or confine the dog, at all times, indoors or in a proper enclosure for a dangerous dog which shall consist of a securely enclosed and locked pen or structure, suitable to prevent the entry of young children, or any part of their bodies or other foreign objects, and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and prevent the dog from digging his way out through the bottom. The pen or structure shall also provide the dog with protection from the elements. The owner shall also conspicuously display a sign designed with a warning symbol approved by the commissioner which indicates to both children and adults the presence of a dangerous dog, on the pen or structure and on or near the entrance to the residence where the dog is kept. At any time that the dog is not confined as required herein, the dog shall be muzzled in such a manner as to prevent it from biting or injuring any person, and kept on a leash no longer than six feet with the owner or some other responsible person attending such dog.
3. Liability insurance. The commissioner may order the owner of a dangerous dog to maintain, in full force and effect, a liability insurance policy of one hundred thousand dollars for personal injury or death of any person, resulting from an attack of such dangerous dog.
4. Humane destruction. The commissioner may order the humane destruction of any dog that kills or causes severe injury to a human being, based upon the severity of the injury and the circumstances of the injury.
5. Other remedies. The commissioner may order (i) that the dog be permanently removed from the city; or (ii) that the owner and the dog complete a course of obedience and/or anti-bite training approved by the commissioner. In the event that the owner or keeper of the dangerous dog is a minor, the parent or guardian or such minor shall be liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by such dangerous dog.

§ 17-346 Confiscation and/or confinement of a dangerous dog.

1. In the event that the owner of a dangerous dog violates any order of the commissioner as prescribed at the determination hearing, such owner’s dog may be confiscated and impounded by the proper authorities upon the order of the commissioner. In addition, any dog determined to be dangerous shall be immediately confiscated by the proper authorities if the dog bites or attacks a human being and causes injury, or if the dog, at the sufferance of its owner, is engaged in or apparently engaged in a dog fight contest or is proximately near the area in which such a contest is being conducted.
2. The owner of a dog determined to be dangerous by the commissioner, which has been confiscated pursuant to subdivision (a) of this section, may request the commissioner to conduct a hearing to determine if the dog should be returned to the owner. Upon such request, the commissioner shall provide for a hearing within five days.

§ 17-347 Excused behavior.

No dog shall be declared dangerous pursuant to § 17-345 if the threat, injury, or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. Nor shall any dog be declared dangerous if it was responding to pain or injury, or was protecting itself, its kennels, or its offspring. If the trespass is determined to be of an innocent nature, the commissioner may, depending on the circumstances, and in accordance with the procedures set forth in section 17-345, find the dog to be dangerous.

§ 17-348 Regulations.

The commissioner, within ninety days of the effective date of this subchapter and with the advice of the advisory board 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 public.

§ 17-349 Dangerous dog advisory board.

1. In the department, there shall be a dangerous dog advisory board consisting of the commissioner, or his or her designee, and five members, two of whom shall be appointed by the mayor and three of whom shall be appointed by the speaker of the city council. The membership of such board shall include two veterinarians, a certified animal trainer in possession of a valid permit and certificate issued by the commissioner pursuant to § 161.09(a) and (h) of the New York city health code, a representative of a recognized humane society, such as the American Society for the Prevention of Cruelty to Animals, or similar organization, and a member of the public.
2. Each member of the advisory board, other than the commissioner, or his or her designee, shall serve for a term of three years, without compensation.
3. The board shall be appointed and meet within one month of the effective date of this subchapter.
4. The board shall make recommendations to the commissioner on regulations necessary to carry out the provisions of this subchapter and to promote the health, safety and welfare of the public, and of dangerous dogs.
5. The board shall meet at least once every four months to assess the regulations promulgated by the commissioner and to make further recommendations on regulations necessary to carry out the provisions of this subchapter. A written report describing its activities and plans shall be issued to the commissioner by the board one year after the effective date of the local law and each year thereafter.

§ 17-350 Violations and penalties.

1. Any person who violates any provision of this subchapter or any of the regulations promulgated hereunder shall be guilty of a misdemeanor punishable by a fine or not less than five hundred nor more than five thousand dollars or by imprisonment for not more than one year, or both.
2. In addition to the penalties prescribed by subdivision a of this section, any person who violates any of the provisions of this subchapter or any rule or regulaton promulgated hereunder shall be liable for a civil penalty of not less than five hundred nor more than five thousand dollars.
3. Any fine or penalty assessed pursuant to this section may be reduced by any amount which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury.

§ 17-351 Enforcement.

Authorized officers, veterinarians and employees of the department, and of the police department, and any other persons designated by the commissioner, shall be empowered to enforce the provisions of this subchapter or any rule or regulation promulgated hereunder.

§ 17-352 Construction.

The provisions of this subchapter shall not be construed to prohibit the department, the American Society for the Prevention of Cruelty to Animals or any law enforcement officer from enforcing any other law, rule or regulation regarding the humane treatment of animals.

§ 17-353 Exemptions.

The provisions of this subchapter shall not apply to any federal, state or city law enforcement agency.

§ 17-354 Severability.

If any provision of this subchapter is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this subchapter.

Subchapter 7: Tattoo Regulation Act

§ 17-355 Short title.

This subchapter shall be known as the “Tattoo Regulation Act.”

§ 17-356 Definitions.

As used in this subchapter, the following terms shall be defined as follows:

1. “Tattoo” means any mark on the body of a person made with indelible ink or pigments injected beneath the outer layer of the skin, or to make such a mark.
2. “Tattooist” means any person who applies a tattoo to the body of another person.

§ 17-357 Licenses.

1. No person shall engage in the practice of tattooing without having obtained a license to engage in such practice in the manner prescribed in this subchapter.
2. The provisions of this subchapter shall not apply to a physician licensed under article one hundred thirty-one of the New York state education law.
3. Notwithstanding the requirements set forth in this section, the commissioner may issue a seven-day temporary license to a person holding a license or similar certification or registration to engage in the practice of tattooing issued under the jurisdiction of another political subdivision, state or nation. Such temporary license will allow a person to apply tattoos within the city of New York under the direct supervision of a tattooist holding a license issued by the department pursuant to subdivision a of this section. Where an applicant for such a seven-day temporary license practices tattooing in a jurisdiction that does not license or otherwise register tattooists, the commissioner may issue such seven-day temporary license to such person upon the presentation of proof satisfactory to the commissioner that the applicant has received training equivalent to that necessary to satisfactorily pass the examination required in section 17-358. The fee for such temporary license shall be established in rules promulgated by the commissioner.

§ 17-358 Licenses, applications, procedures and requirements.

1. Any person intending to engage in the practice of tattooing shall apply to the commissioner for a tattoo license, in the form and manner prescribed by the commissioner. Such application shall contain such information as the commissioner deems reasonable and necessary to determine the qualifications for granting a license to the applicant. The application shall be subscribed by the applicant and affirmed under penalty of perjury.
2. Any person eighteen years of age or older may apply to the commissioner for a license to practice tattooing. No license may be issued to a person who has been convicted of criminal tattooing of a minor in violation of section 260.21 of the New York state penal law within the year immediately preceding such license application.
3. Each applicant for a tattoo license shall take an examination administered by the department in accordance with rules promulgated by the commissioner regarding health issues relating to tattooing, including but not limited to, infection control, utilization of universal precautions as recommended by the federal centers for disease control and prevention and proper methods of waste disposal. The fee for such examination shall be established pursuant to rules promulgated by the commissioner. An application for a tattoo license must be accompanied by satisfactory evidence of passing such examination. The commissioner shall issue an informational publication which may be used by applicants for a tattoo license in preparing to take such examination. The commissioner shall update such informational publication when the commissioner determines that new health-related information or techniques have become available.
4. The biennial fee for a tattoo license shall be one hundred dollars.

§ 17-359 Expiration; transfer; assignment; display.

1. All licenses shall be numbered and shall expire two years from the date of issuance.
2. No license shall be assignable or transferable.
3. Each license issued pursuant to this subchapter and a sign in the form prescribed by the commissioner indicating a department of health and mental hygiene address or telephone number where customers may register complaints shall be posted in a conspicuous place on the premises where the licensee is applying tattoos.
4. A license may be renewed without examination; provided, however, that if a license is not renewed within two years of its expiration, the licensee shall be subject to the provisions of section 17-358.
5. Any holder of a license which has been revoked may, upon expiration of the revocation period, reapply for such license under the provisions of section 17-358.
6. All advertising by or for a licensee must contain the phrase “LICENSED BY THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE” and the license number of such licensee. For the purposes of this subdivision, an alphabetical listing in a telephone directory shall not be considered advertising.

§ 17-360 Sanitary conditions; physical facilities; equipment; procedures.

1. Every tattoo establishment, store, place or premises in which one or more tattooists engage in the practice of tattooing, shall be kept in a clean and sanitary condition at all times and shall have proper ventilation and lighting, waste receptacles, washing facilities with cold and hot running water, sanitary soap and towels for customers and tattooists and such other sanitary conditions as required by rules promulgated by the commissioner.
2. The commissioner shall promulgate rules with respect to hand-washing by tattooists, the wearing of latex gloves by tattooists and the wearing by tattooists of any other protective garments as the commissioner may require.
3. The commissioner shall promulgate rules with respect to the proper sterilization of tattoo equipment, proper sterilization and disposal of needles, and the tattooing procedure, including, but not limited to, the preparation of the skin to be tattooed and the treatment of the skin by the tattooist and the customer following tattooing.
4. The commissioner shall promulgate rules with respect to the tattooing of persons who have skin lesions or other conditions as determined by the commissioner.
5. No person shall apply a tattoo to any person under eighteen years of age.
6. After the tattooing procedure has been completed, every tattooist shall provide his or her customers with written instructions on the proper care of tattooed skin.
7. Every tattooist shall maintain a record of the name, address, and age of every customer and date tattooed and any other information required by the commissioner and shall report to the commissioner any information as the commissioner shall determine.

§ 17-361 Advisory committee.

1. There shall be established within the department an advisory committee to advise the commissioner on health issues relating to tattooing consisting of a chair and eight individuals with the following qualifications: (i) two persons with prior experience in the practice of tattooing, one appointed by the speaker of the city council and one by the mayor; (ii) two persons engaged in the training of such practice, one appointed by the speaker of the city council and one by the mayor; (iii) two persons, by practice and profession, knowledgeable in the practice of sterilization and sanitary procedures, one appointed by the speaker of the city council and one by the mayor; and (iv) two persons licensed as dermatologists, one appointed by the speaker of the city council and one by the mayor. Each member shall serve for a term of two years without compensation and may be reappointed for additional terms. Each member shall reside in or have his or her primary place of business within the city of New York. The chair shall be appointed by the commissioner.
2. The advisory committee shall make recommendations to the commissioner on all matters relating to this subchapter, including the promulgation and amendment of rules necessary to carry out the provisions of this subchapter and such other matters as the commissioner may deem necessary.

§ 17-362 Violations and penalties.

1. The first conviction of a licensee for criminal tattooing of a minor under section 260.21 of the New York state penal law shall result in the suspension of such license for a period of six months. Not later than ten business days prior to the expiration of such six-month suspension, where such a suspended licensee intends to resume tattooing, such licensee shall post a bond with the commissioner in such form and amount as the commissioner shall require. Such bond shall remain in full force and effect for eighteen months following the expiration of such six-month suspension. The second conviction of a licensee for criminal tattooing of a minor under section 260.21 of the New York state penal law within two years of the first conviction shall result in the revocation of such license for a period of two years and the forfeiture of such bond as may have been posted with the commissioner pursuant to this section. The third conviction of a licensee for criminal tattooing of a minor under section 260.21 of the New York state penal law within two years of the first conviction shall result in the revocation of such license for a period of five years. A license issued pursuant to this subchapter may be suspended or revoked for any other reasonable cause specified by the commissioner in order to ensure the health and safety of the public.
2. In addition to any other penalty imposed by any other provision of law or rule promulgated thereunder, any person found to be in violation of this subchapter or any of the rules promulgated hereunder shall be liable for a civil penalty of not more than three hundred dollars for the first violation; not more than five hundred dollars for the second violation within a two-year period; and not more than one thousand dollars for the third and all subsequent violations within a two-year period.
3. A proceeding to suspend or revoke a license authorized pursuant to subdivision a of this section, or to recover any civil penalty authorized pursuant to subdivision b of this section, shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the board of health. Such tribunal shall have the power to suspend or revoke a license issued pursuant to this subchapter and to impose the civil penalties prescribed by subdivision b of this section.

§ 17-363 Rules.

The commissioner shall promulgate rules in accordance with the provisions of this subchapter, and such other rules as may be necessary for the purpose of implementing and carrying out the provisions of this subchapter.

Subchapter 8: Boarding Kennel Regulation Act

§ 17-364 Short title.

This subchapter shall be known and may be cited as the “Boarding Kennel Regulation Act”.

§ 17-365 Definitions.

For the purposes of this section, the term “boarding kennel, business or establishment” means a facility other than an animal shelter where animals not owned by the proprietor of such facility are sheltered, harbored, maintained, groomed, fed or watered in return for a fee.

§ 17-366 Proof of vaccination required.

No dog shall be accepted at a boarding kennel, business or establishment unless the owner of such dog provides proof to such facility, including but not limited to a health certificate, a bill or receipt from a veterinarian or other documentation acceptable to the department, that such animal has been vaccinated against rabies, distemper, hepatitis, para influenza and parvo during the previous three years and against bordetella during the previous six months; provided that an owner of a dog shall not be required to provide proof of vaccination pursuant to this section if such owner provides a written statement from a veterinarian indicating that the dog of such owner should not be given such vaccination because of a standard veterinary contraindication and that such dog does not show symptoms of the disease or diseases for which such vaccination is contraindicated.

§ 17-367 Record keeping.

Every boarding kennel, business or establishment shall maintain and make available for inspection records for each dog utilizing such facility for a period of twelve (12) months from the last day of such utilization indicating: the owner’s name, address, telephone number and emergency contact; duration of stay; services provided; and proof of vaccinations or veterinarian’s statements that vaccination is contraindicated.

§ 17-368 Inspection.

The department shall conduct an inspection of the records of each boarding kennel, business or establishment to determine such facility’s compliance with the provisions of this subchapter.

§ 17-369 Rules.

The department may promulgate rules as may be necessary for the purpose of implementing and carrying out the provisions of this subchapter.

§ 17-370 Violations and penalties.

Any owner or operator of a boarding kennel, business or establishment that violates any provision of this subchapter shall be liable for a civil penalty of two hundred and fifty dollars for each violation. A proceeding to recover any such civil penalty shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the department. Such tribunal shall have the power to impose civil penalties prescribed by this section.

Subchapter 9: Pet Shops

§ 17-371 Definitions.

For the purposes of this subchapter, the following terms have the following meanings:

1. “Arm’s length transaction” means a sale of a business for consideration that reflects the fair market value of such business or its assets, between two informed and willing parties, that is not made, wholly or in part, for the purpose of enabling the seller to avoid liability for violations issued by the department. A sale shall be presumed not to be an arm’s length transaction if it is:

   1. A sale to an individual, or to a corporation or other business that is owned by the spouse, domestic partner, parent, grandparent, child or stepchild of any of any of the sellers, or is the direct descendent of a grandparent, the spouse or domestic partner of any of the sellers;

   2. A sale to an individual or entity that has a business or financial interest in the seller; or

   3. A sale to an entity in which any of the sellers has a business or financial relationship.

2. “Permit” means a written license and authorization to carry on specified activities as regulated by this subchapter or other applicable law enforced by the department.
3. “Permittee” means a natural person or other entity who holds a valid permit issued by the commissioner pursuant to this subchapter or other applicable law enforced by the department.
4. “Person” means any individual, corporation, partnership, association, municipality, or other legal entity.
5. “Pet shop” means a facility other than an animal shelter where live animals are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail for profit. Such definition shall not include breeders who sell or offer to sell directly to consumers fewer than twenty-five dogs or cats per year that are born and raised on the breeder’s residential premises. Such definition shall not include duly incorporated humane societies dedicated to the care of unwanted animals that make such animals available for adoption, whether or not a fee for such adoption is charged. A person who allows an animal shelter or animal rescue group, as such terms are defined in section 17-802 of chapter eight of this title, to use such person’s premises for the purpose of making animals available for adoption shall not be deemed a pet shop as a result of such activity so long as such person does not have an ownership interest in any of the animals being made available for adoption, and does not derive a fee for providing such adoption services.

§ 17-372 Pet shop permits required.

1. No person shall operate a pet shop without a permit issued by the commissioner pursuant to this subchapter.
2. Operating a business or conducting an activity regulated by this subchapter without the permit therefor is hereby declared a nuisance.

   1. No person may operate a business or conduct an activity regulated by this subchapter without the permit required by this subchapter.

   2. No person may allow the operation of a business or the conduct of an activity regulated by this subchapter in any property owned by such person unless the person operating such business or conducting such activity has a permit as required by this section.

   3. When the department determines that a business or activity regulated by this subchapter is being operated or conducted without the permit required by this section, the commissioner or his or her designee may order the person operating the business or conducting the activity to cease and desist from such business or activity. The department may also order the person who owns the premises in which the business is operated or activity is conducted to take whatever action may be necessary to prohibit such business or activity from continuing on such premises.

   4. If the business or activity ordered to cease and desist continues without the required permit, the commissioner or his or her designee may, after providing an opportunity for the person operating such business or conducting such activity to be heard at the environmental control board or any tribunal established wi hin the office of administrative trials and hearings as designated by the commissioner, take any measure authorized by applicable law to enforce an order to cease and desist. Such measures may include, but are not limited to, ordering and arranging for the premises to be sealed and padlocked.

   5. If the commissioner determines that exigent circumstances exist such that the continued operation of the business or activity would pose an danger to the public or the health and welfare of the animals in the custody of the business, the commissioner may take any measure authorized by applicable law to enforce an order to cease and desist, subject to a prompt post-enforcement hearing at the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner.

§ 17-373 Permit applications.

1. An application for a permit required pursuant to section 17-372 of this title or for the renewal of such a permit shall be made and submitted on forms furnished by the department.
2. The applicant shall be eighteen years of age or older.
3. The application shall contain all information required by the department. If the applicant for the permit is a sole proprietorship, the application shall be signed by the individual who would be the permittee. If the applicant is a partnership, the application shall be signed by a partner. If the applicant is a limited partnership, the application shall be signed by the managing or general partner. If the applicant is a corporation, the application shall be signed by an officer or director of the corporation or by any member, if management is vested in members. If the applicant is a limited liability company, the application shall be signed by any manager of the limited liability company. Such signature shall constitute an agreement that the permittee assumes responsibility for the conduct of the business, occupation or other activity concerned in accordance with the requirements of this subchapter or other applicable law.
4. In addition to the following information, the application shall be accompanied by such other information, evidence or documentation as the department may require or as may be provided for in this subchapter or other applicable law or rule applicable to the department. The application shall, at a minimum, include:

   1. The name, age, gender, residence and business address, and telephone numbers of the applicant, each member of the partnership, limited liability company or group, and each officer of the corporation, as applicable;

   2. To the extent that such information is relevant to the conduct of the business, trade, occupation or other activity under permit, information concerning the applicant, its individual members or officers, relating to education, training or experience, moral character, physical health, addiction to alcohol or habit-forming drugs, history of prior criminal conviction, including violations and offenses, history of mental illness, and record of insolvency or bankruptcy;

   3. Proof of current workers’ compensation and disability benefits insurance coverage for all employees, or of a certificate of exemption filed with the workers’ compensation board;

   4. The e-mail address of (i) the individual owner of the business, (ii) the person exercising daily management and control of the business, or (iii) the person who is authorized by law to accept service of process on behalf of the applicant; and

   5. A certification, executed under penalty of perjury, that the applicant has not knowingly sold any animal obtained from a source prohibited pursuant to section 17-1702 of this title. For an application submitted prior to June 1, 2017, such certification shall be made with respect to animals sold on or after June 1, 2015. For applications submitted on or after June 1, 2017, such certification shall be made with respect to animals sold during the two years preceding the date of the application.

      (a) A certification made by a pet shop pursuant to this paragraph shall be made in a form and manner determined by the department and shall include the following information:

         (i) The name, address and United States department of agriculture license number of every source from which such pet shop obtained a dog or cat during the relevant period;

         (ii) The total number of dogs and cats obtained from each source; and

         (iii) The individual identifying tag, tattoo, or collar number of each dog or cat obtained from each source.

      (b) The department may promulgate rules for the production, receipt, acceptance, acquisition, recording, filing, transmission, forwarding, and storage of such certifications by use of electronic means.

      (c) The department may inspect the records maintained pursuant to section 17-1704 of this title.

   6. Any information that the department determines may be necessary in order to contact the permittee in the event of an emergency.

5. The commissioner shall not issue or renew a permit unless department records show there are no finally determined uncorrected violations or unpaid outstanding fines, penalties or forfeitures imposed by any court, administrative tribunal established within the office of administrative trials and hearings or administrative tribunal established in accordance with the administrative code or the charter, which are due and payable by the applicant or the permittee.
6. The commissioner shall not issue a new permit or renewal of an existing permit to any person listed on the animal abuse registry created pursuant to chapter sixteen of this title.
7. The commissioner shall not issue a new permit to any entity based on a sale or change of ownership of a permitted business or activity regulated by laws or rules enforced by the department, where department or other records show any finally determined uncorrected violations or unpaid fines and penalties, unless the applicant submits proof satisfactory to the department that the transfer of the business was the result of an arm’s length transaction. Such proof shall consist of documents showing that:

   1. The applicant has assumed complete management, control and operation of the permitted business or activity from the prior permittee;

   2. The applicant has paid market value consideration for the material assets of the permitted business; and

   3. Neither the applicant nor any member or officer of a partnership or corporation is related by blood or marriage to the owner(s) or manager(s) of the entity holding the permit prior to the transfer of the permitted business.

The commissioner’s denial of an application pursuant to this subdivision shall be a final agency determination not subject to administrative appeal.

8. The acceptance of an application and fee for a new permit or the renewal of a permit shall not preclude the commissioner from taking any action that he or she deems necessary, including, but not limited to, the denial of a new permit or renewal permit if department or other investigatory or pre-permit inspections disclose conditions or circumstances indicating that a permit should not be issued or renewed. If an application for a new permit or renewal of an existing permit is denied, the application fee shall not be refunded.

§ 17-374 Permit expiration dates; fees.

1. An application for a permit or for the renewal thereof shall be accompanied by the payment of a fee of three hundred dollars. Permits shall expire biennially and be eligible for renewal.
2. If a permit application is made when more than one-half of the fee period has expired, one-half of the prescribed fee shall be paid. This requirement shall not apply, however, if application is being made for renewal of a permit which has expired.
3. The fees provided for herein shall be reduced by the amount of any fee paid for a permit to operate a pet shop pursuant to the New York city health code within the same fee period.

§ 17-375 Permits not transferable; exception.

Any purported or attempted transfer of a permit to a person not named therein as permittee or any change in the place of business stated in a permit shall void such permit. When a permit is issued to two or more individuals, to a partnership or to a group other than a partnership, and one or more of the individuals concerned ceases to be active in the conduct of the business or activity or otherwise ceases to be a permittee, the commissioner may approve in writing the continuation of the business or activity by the remaining permittees during the unexpired period of such permit. The permittee shall notify the department in writing within ten business days of any change in the owner(s), officers, directors, shareholders, partners or members of a permitted entity that is owned by a sole proprietor, or that is a closely held corporation or small limited liability company, or a partnership, consisting of fewer than five shareholders, members or partners, who directly operate and manage the business, and serve as directors or officers of the corporation, with no outside investors. Notice of such changes shall not be required if the permittee is a publicly held corporation or limited liability company whose shareholders or members do not manage or control the entity or participate in its business activities.

§ 17-376 Conditions of permit and health code to be observed.

1. A person holding a permit, including the officers and directors of a corporation holding a permit, shall comply with the conditions contained in his or her permit as well as all applicable provisions of the New York city health code, administrative code or other law or rule enforced by the department.
2. A person holding a permit, including the officers and directors of a corporation holding a permit, shall be jointly and severally liable for violations of the conditions of the permit or of the New York city health code, administrative code or other applicable law enforced by the department that are committed by employees or agents of the person or corporation when such acts are committed in the regular course of the permitted business of such person or corporation, or on the premises subject to the permit, or in the course of using the permit.

§ 17-377 Permit to be kept on premises; mutilation prohibited.

A permit shall be kept on the premises designated on the permit. It shall be placed in a clean, transparent cover or frame and displayed in such a manner as to be clearly visible to the public. It shall be available for inspection at all times by the department. No person shall mutilate, obstruct or tear down a permit.

§ 17-378 Permit suspension and revocation.

1. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or this title, the rules promulgated thereunder, or the New York city health code, the commissioner, after due notice and an opportunity to be heard by the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner, may suspend or revoke a pet shop permit upon the occurrence of any one or more of the following conditions:

   1. Willful or continued violation of the provisions of title seventeen of this code, the rules promulgated thereunder or the New York city health code, or for such other reason as the commissioner determines, is sufficient grounds for suspension or revocation;

   2. The giving or offering to an employee or agent of the department or other government agency, engaged in carrying out an inspection, survey or examination or in the performance of any other duty for the department or such agency, a gift, gratuity, benefit, favor or bribe, including but not limited to money, food, or drink;

   3. Submission or display by a permittee of a forged document or other document that contains false or misleading statements, or making a false or misleading statement to the department; or

   4. Poor moral character that adversely reflects on the permittee’s fitness to conduct work regulated by this title.

2. Notwithstanding subdivision a of this section, if the commissioner determines that exigent circumstances exist such that the continued operation of a permittee’s pet shop would pose a danger to the public or the health and welfare of the animals in the permittee’s custody, the commissioner may suspend such permittee’s permit subject to a prompt post-suspension hearing before the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner.
3. Following a hearing required pursuant to this section and the receipt of a copy of the report and recommendations of the tribunal before which such hearing was held, the commissioner may take such action as may be necessary, adopting all or part of the report and recommendations, and may issue an order revoking the permit, further suspending the permit, or reinstating the permit subject to whatever conditions the commissioner deems necessary for the continued safe operation of the permitted business.
4. All permits revoked pursuant to this section or in accordance with other applicable law shall be surrendered to the department upon receipt of the order. Permits or licenses that are not surrendered in accordance with this section may be seized by any authorized employee or agent of the department or officer of the police department.

§ 17-379 Denial of issuance or renewal, suspension and revocation; when effective; service of order or notice.

1. Effective date. The action of the commissioner denying issuance or renewal of a permit, or suspending or revoking a permit, shall become final five days after service of an order or other notice thereof, exclusive of the day of service, on the applicant or permittee concerned.
2. Service of an order or notice shall be made as follows:

   1. Enclosing the order or notice in a postpaid envelope directed to the applicant or permittee at the address listed in the application or permit and depositing such envelope at a United States post office or in a mail box or mail chute maintained by the United States post office; or,

   2. Leaving the order or notice with the applicant or permittee or, if the permittee is not an individual, with a member of the partnership or other group concerned or with an officer of the corporation; or,

   3. Posting the order or notice at the entrance door of the premises listed in the application or permit.

§ 17-380 Forfeiture and seizure.

1. The commissioner or his or her designee may seize any animal in a pet shop operating without a permit required pursuant to section 17-372 of this subchapter.
2. Any animal in a pet shop operating without a permit required pursuant to section 17-372 of this subchapter or seized pursuant to subdivision a of this section shall be subject to forfeiture upon notice and hearing.
3. The commissioner shall provide for the appropriate disposition of each animal seized pursuant to this section. Such disposition may include impoundment at an animal shelter or animal rescue group as such terms are defined in section 17-802 of chapter eight of this title.
4. The commissioner may impose upon the owner of a pet shop from which an animal is seized pursuant to this section a fee representing expenses incurred in connection with impounding such animal.

§ 17-381 Penalties.

Any person found in violation of any provision of this subchapter or any provision of any rule promulgated thereunder shall be subject to a civil penalty of five hundred dollars per day for each such violation. Each violation in connection with the sale of more than one animal shall be deemed a separate violation with respect to each animal offered for sale. A notice of violation served pursuant to this section shall be returnable at the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner.

§ 17-382 Rules.

The commissioner may promulgate such rules and prescribe such forms as are necessary to carry out the provisions of this subchapter.

Chapter 4: Standards Governing the Performance of sterilizations

§ 17-401 Findings and declaration.

The council declares that due to the irreversible nature of the sterilization procedure, it is essential that the patient fully comprehends the effects and possible complications of the operation. The patient should have a reasonable time to consider his or her decision and possible alternative methods of contraception before the operation is performed. Since it is within the purview of the public policy of the city to preserve, protect and improve the public health, safety and welfare, it is imperative that the council establish standards governing the performance of sterilizations.

§ 17-402 Definitions.

When used in this chapter:

1. “Sterilization” shall mean any procedure or operation, the purpose of which is to render an individual permanently incapable of reproducing.
2. “Patient” shall mean a person, twenty-one years of age or older, who is legally capable of giving his or her consent.

§ 17-403 Application of chapter.

This chapter shall apply to every sterilization performed within the city of New York.

§ 17-404 Waiting period.

A sterilization may not be performed sooner than thirty days following the initial informed consent given by the patient unless the patient waives the thirty-day waiting period under the following circumstances:

1. A patient who has completed the appropriate forms and informational session, and who has signed the required informed consent form at least thirty days prior to her anticipated delivery date, may be sterilized in less than thirty days, but in no case less than seventy-two hours following the initial informed consent given by such patient if she delivers prior to the anticipated date and the sterilization is performed at the time of delivery.
2. A patient who has completed the appropriate forms and informational session and who signs the required consent form at least thirty days prior to the anticipated sterilization may be sterilized in less than thirty days if that patient is, within the thirty-day period, admitted to a facility for emergency abdominal surgery and the sterilization is concurrent with the abdominal surgery, but in no case shall the sterilization occur less than seventy-two hours after the initial consent.
3. If a patient appears for delivery or emergency abdominal surgery at a facility other than that at which the patient has completed the appropriate forms and informational session, the receiving facility shall contact, by telephone, the facility at which the forms and procedures were completed for verification of same. This must be noted in the record, with the name and title of the person providing the information, the date that the consent form was signed and the anticipated delivery date if under subdivision one of this section or sterilization date if under subdivision two of this section. If it is verified that the consent form was signed at least thirty days prior to the anticipated delivery or sterilization date, the receiving facility may perform the sterilization operation. Telephone verification may not be waived unless the patient presents a duplicate copy of the initial consent, duly signed, witnessed and dated at least thirty days prior to the anticipated delivery or sterilization date.

§ 17-405 Requirements for informed consent.

No sterilization shall be performed which does not meet the following conditions:

1. Initial consent may not be elicited from a female patient during admission or hospitalization for childbirth or abortion.
2. An informational session conducted by a counselor, who is not the operating physician, must precede the patient’s consent. During the session, information about the irreversibility of sterilization, alternative methods of contraception, and the corresponding risks must be discussed in the preferred language of the patient.
3. Written informed consent for sterilization must be obtained from each patient. A standardized consent form must be used to satisfy this requirement. The form, supplied by the department must be explained orally by the counselor in the presence of a witness. A copy of the signed consent form shall be provided the patient.
4. On admission to the facility where the sterilization will be performed each patient must give written affirmation of his or her informed consent to the sterilization.
5. The patient must be given oral and written assurance that medical services or benefits will not be lost as a result of refusing sterilization.
6. Contraceptive devices will be prescribed for the patient’s use during the thirty-day waiting period.
7. Consent for the sterilization may be revoked any time prior to the operation.

§ 17-406 Consent form.

The standardized consent form provided by the department must include information about the irreversibility of sterilization, alternative methods of contraception and the corresponding risks.

§ 17-407 Reports.

The obstetrics or gynecology department of each hospital where sterilizations are performed, the administrator in charge of each clinic where sterilizations are performed, and physicians in private practice who perform sterilizations must submit monthly reports of the number of sterilizations performed to the department of health and mental hygiene. Forms will be provided by the department.

§ 17-408 Enforcement proceedings.

1. Notwithstanding the provisions of any other law, any person violating any of the provisions of this chapter shall be liable and responsible for a penalty of not more than one thousand dollars to be recovered in a civil action but in the name of the city in any court of record in the city.
2. The commissioner may in his or her discretion request the corporation counsel to institute legal proceedings to restrain, correct or enjoin any violation of this chapter; and the corporation counsel shall thereupon institute such action or proceeding as may be necessary and appropriate for such purpose.
3. Such actions and proceedings may be entered into by the corporation counsel in any court of civil jurisdiction within the city. In such actions and proceedings the city may apply for restraining orders, preliminary injunctions or other provisional remedies with or without notice.
4. In no case shall the department or any officer or employee thereof be liable for costs in any such action or proceeding and officers and employees of the department, acting in good faith, shall be free from liability for acts done in any action or proceeding.

Chapter 5: Smoke-free Air Act

§ 17-501 Short title.

This chapter shall be known and may be cited as the “Smoke-Free Air Act.”

§ 17-502 Definitions.

As used in this chapter, the following terms shall be defined as follows:

1. “Auditorium” means the part of the building where an audience sits including any corridors, hallways or lobbies adjacent thereto.
2. “Bar” means a business establishment or any portion of a non-profit entity, which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons, or members on the premises and in which the serving of food, if served at all, is only incidental to the sale or consumption of such beverages. For the purposes of this chapter, the term “bar”: (i) shall include a restaurant bar; and (ii) shall include any area located in a hotel or motel, which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons, or members on the premises and in which the serving of food, if at all, is only incidental to the sale or consumption of alcoholic beverages. For the urposes of this subdivision, (i) service of food shall be considered incidental to the sale or consumption of alcoholic beverages if the food service generates less than forty percent of total annual gross sales and (ii) any business establishment or any portion of a non-profit entity which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons, or members on the premises that generates forty percent or more of total annual gross sales from the sale of food for on-premises consumption shall be a restaurant.
3. “Business establishment” means any sole proprietorship, partnership, association, joint venture, corporation or other entity formed for profit-making purposes, including professional corporations and other entities where legal, medical, dental, engineering, architectural, financial, counseling, and other professional or consumer services are provided.
4. “Child day care center” means (i) any public, private or parochial child care center, school-age child care program, day nursery school, kindergarten, play school, or other similar school or service, (ii) any child care arrangement licensed by the city, (iii) any facility that provides child care services as defined in section four hundred ten-p of the New York state social services law and (iv) any child day care center as defined in section three hundred ninety of the New York state social services law. Such definition applies whether or not care is given for compensation and whether or not the child day care center is located in a private residence.
5. “Children’s institution” means (i) any public, private or parochial congregate institution, group residence, group home or other place where, for compensation or otherwise, seven or more children under twenty-one years of age are received for day and night care apart from their parents or guardians, (ii) youth centers or facilities for detention as defined in sections five hundred twenty-seven-A and five hundred two of the New York state executive law, (iii) group homes for children as defined in section three hundred seventy-one of the New York state social services law, (iv) public institutions for children as defined in section three hundred seventy-one of the New York state social services law and (v) residential treatment facilities for children and youth as defined in section 1.03 of the New York state mental hygiene law.
6. “Commissioner” means the commissioner of the New York City department of health and mental hygiene.
7. “Department” means the New York City department of health and mental hygiene.
8. “Employee” means any person who is employed by any employer in return for the payment of direct or indirect monetary wages or profit, or any person who volunteers his or her services to such employer for no monetary compensation.
9. “Employer” means any person, partnership, association, corporation or non-profit entity which employs one or more persons, including agencies of the city of New York, as defined in section 1-112 of the code, and the council of the city of New York.
10. [Repealed.]

k.*   “Limousine” means a for-hire vehicle required to be licensed by the taxi and limousine commission, designed to carry fewer than nine passengers, excluding the driver, which is dispatched from a garage, maintains a minimum of $500,000/$1,000,000 liability insurance coverage and in which passengers are charged fees calculated on the basis of garage to garage service.

k.*   “Motion picture theater” means any public hall or room in which motion pictures are displayed, including any corridors, hallways or lobbies adjacent thereto. For purposes of this subdivision, “motion picture” means a display on a screen or other device, of pictures or objects in motion or rapidly changing scenery, whether or not such display shall be accompanied by a lecture, recitation or music.

12. “Non-profit entity” means any corporation, unincorporated association or other association or other entity created for charitable, philanthropic, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to secure private financial gain. A public agency is not a “non-profit entity” within the meaning of this subdivision.
13. “Place of employment” means any indoor area or portion thereof under the control of an employer which employees normally frequent during the course of employment and which is not generally accessible to the public, including, but not limited to, private offices, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias, employee gymnasiums, auditoriums, libraries, storage rooms, file rooms, mailrooms, employee medical facilities, rooms or areas containing photocopying or other office equipment used in common by employees, elevators, stairways and hallways. A private residence is not a “place of employment” within the meaning of this subdivision, except that areas in a private residence where a child day care center or health care facility is operated during the times when employees are working in such child day care center or health care facility areas and areas in a private residence which constitute common areas of a multiple dwelling are “places of employment” within the meaning of this subdivision.
14. “Playground” means an outdoor area open to the public where children play, which contains play equipment such as a sliding board, swing, jungle gym, sandbox, or see-saw, or which is designated as a play area.
15. [Repealed.]
16. “Public place” means any area to which individuals other than employees are invited or permitted, including, but not limited to, banks, educational facilities, health care facilities, child day care centers, children’s institutions, shopping malls, property owned, occupied or operated by the city of New York or an agency thereof, public transportation facilities, reception areas, restaurants, catering halls, retail stores, theaters, sports arenas and recreational areas and waiting rooms. A private residence is not a “public place” within the meaning of this subdivision, except that areas in a private residence where a child day care center or health care facility is operated during the times of operation and areas in a private residence which constitute common areas of a multiple dwelling are “public places” within the meaning of this subdivision.
17. “Residential health care facility” means (i) a facility providing therein nursing or other care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board service, (ii) an inpatient psychiatric facility which provides individuals with active treatment under the direction of a physician, and (iii) a residential facility providing health related service.
18. “Restaurant” means any coffee shop, cafeteria, luncheonette, sandwich stand, diner, short order cafe, fast food establishment, soda fountain, and any other eating or beverage establishment (other than a bar), including a restaurant located in a hotel or motel, or part of any organization, club, boardinghouse or guest house, which gives or offers for sale food or beverages to the public, guests, members, or patrons, whether food or beverages are customarily consumed on or off the premises, but not an establishment whose sole purpose is to serve food or beverages to employees of a common employer or to students of a common educational institution.
19. “Restaurant bar” means a contiguous area (i) in a restaurant, (ii) containing a counter and (iii) which is primarily devoted to the selling and serving of alcohol beverages for consumption by patrons on the premises and in which the serving of food, if served at all, is only incidental to the sale or consumption of alcoholic beverages in such restaurant bar.
20. “Retail store” means any place which in the regular course of business sells or rents goods directly to the public.
21. “Retail tobacco store” means a retail store devoted primarily to the sale of any tobacco product, including but not limited to cigarettes, cigars, pipe tobacco and chewing tobacco, and accessories and in which the sale of other products is merely incidental. The sale of such other products shall be considered incidental if such sales generate less than fifty percent of the total annual gross sales.
22. [Repealed.]
23. “Separate smoking room” means an enclosed room the exclusive purpose of which is for smoking. No business transactions, including, but not limited to, the sale, including by vending machines, and/or service of food, beverages, or any other product, and/or collection of any payments, shall be conducted in such room. Such room shall (i) be completely enclosed on all sides by solid floor-to-ceiling walls; (ii) comply with all applicable fire and building code requirements, and have a sprinkler system for fire safety (which may be part of a sprinkler system of the premises in which the room is located); and (iii) have a separate ventilation system whereby the air from such enclosed room is immediately exhausted to an outdoor area (exclusive of any seating area) by an exhaust fan rather than being recirculated inside, and which is compliant with the additional specifications set forth in this subdivision; (iv) be clearly designated as a separate smoking room wherein no services are offered. Such room may contain furniture. Such room shall not contain the sole means of ingress and egress to restrooms or any other smoke-free area, and shall not constitute the sole indoor waiting area of the premises. Any doors in such room shall be self-closing, and shall remain closed except to the extent necessary to permit ingress and egress to such room. Such room shall not exceed twenty-five percent of the aggregate square footage of the premises, including non-smoking lounges and shall not in any event exceed three hundred fifty square feet. In calculating the square footage of the premises pursuant to this subdivision, all spaces, whether or not occupied by furniture or any counter, including public dining areas, beverage service areas, the separate smoking room, and lounges shall be included; provided however, that service areas (including areas behind any counter) and other areas to which the general public does not generally have access (such as storage rooms, kitchens, offices and cloakrooms), restrooms, telephone areas and waiting areas (other than waiting areas located in any lounges) shall not be included. No employee shall be permitted to enter such room for the purposes of conducting any business transaction, including but not limited to the sale or service of food, beverages, or any other product, provided, however, that an employee shall be allowed into such room to provide busing or other cleaning services when no smoking has occurred for fifteen minutes prior to the employee entering the room and no customers are present. Such room shall have a ventilation system in which the ventilation rate is at least sixty cubic feet per minute per occupant based on a maximum occupancy of seven individuals per one hundred feet of floor space, and the negative air pressure is at a rate such that when measured by a device approved by the department of health and mental hygiene, the pressure differential is at least three hundredths of an inch of water column relative to the air pressure in the adjacent room in which smoking is not permitted. Such ventilation system shall discharge air from the separate smoking room at least twenty-five feet away from operable windows, doors, air conditioning, and any other heating, ventilation and air conditioning intakes.
24. “Service line” or “waiting area” means a queue, line or other formation of persons, whether seated or standing, in which one or more persons are waiting for service of any kind, whether or not such service involves an exchange of consideration.
25. “Smoking” means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, little cigar, pipe, water pipe, herbal cigarette, non-tobacco smoking product, or any similar form of lighted object or device designed for human use or consumption by the inhalation of smoke.
26. “Sports arena and recreational area” means any sports pavilion, stadium, race track, boxing arena, roller and ice skating rink, billiard parlor, bowling establishment and other similar place where members of the general public assemble either to engage in physical exercise, participate in athletic or recreational competition or activity or witness sports, cultural, recreational or similar activities. Playgrounds, gymnasiums, health clubs, enclosed areas containing a swimming pool and areas where bingo is played are not “sports arenas and recreational areas” within the meaning of this subdivision.

aa. “Tobacco business” means a sole proprietorship, corporation, partnership or other enterprise in which the primary activity is the sale or manufacture of tobacco, tobacco products and accessories at wholesale, and in which the sale or manufacture of other products is merely incidental, and in which smoking on the premises is essential to the entity for the testing or product development of such tobacco or tobacco products.

bb. “Zoo” means any indoor area open to the public for the purpose of viewing animals. An aquarium is a “zoo” within the meaning of this sub- division.

200. “Day treatment program” means a facility which is (i) licensed by the state department of health or the office of alcoholism and substance abuse services, the office of mental health, or the office for people with developmental disabilities within the state department of mental hygiene to provide treatment to aid in the rehabilitation or recovery of its patients based on a structured environment requiring patient participation for no less than three hours each day; or (ii) which is authorized by the state commissioner of health to conduct a program pursuant to section 80.135 of title ten of the New York code of rules and regulations.

dd. “Health related service” means service in a facility which provides or offers lodging, board and physical care including, but not limited to, the recording of health information, dietary supervision and supervised hygienic services incident to such service.

ee. “Member” means, for purposes of subdivision ff of this section, a person who (i) satisfies the requirements for membership in a membership association, and (ii) affirmatively accepts an invitation from such membership association to become a member.

ff. “Membership association” means a not-for-profit entity which has been created or organized for a charitable, philanthropic, educational, political, social or other similar purpose and which is registered with the department of health and mental hygiene in accordance with the rules of the department. In determining whether such an entity is a “membership association,” the department of health and mental hygiene shall consider, but need not be limited to, the following factors:

   (i) whether it has by-laws or a similar governing instrument and whether such by-laws or similar governing instrument expressly provides for members;

   (ii) whether it has established permanent and identifiable membership selection criteria, the purpose of which is to screen potential members on a basis related to its charitable, philanthropic, educational, political, social or other similar purpose;

   (iii) whether it conducts elections to select its governing structure and/or body;

   (iv) whether the premises within which it is located are controlled by its membership;

   (v) whether it is operated solely for the benefit and pleasure of its membership;

   (vi) whether it expressly acknowledges the acceptance of members, such as by sending a membership card or by the inclusion of a member on a membership roster. Such registration shall remain in effect for two years and shall be renewable based upon the factors described in this subdivision and the rules of the department.

gg. “Owner operated bar” means a bar in which all duties with respect to preparing food and drink, cleaning, dishwashing and racking glasses, serving, maintaining inventory, stocking shelves and providing of security for such a bar are performed at all times only by individuals who are principal owners of such bar as defined in this section and which is registered with the department of health and mental hygiene in accordance with the rules of the department; provided, however, that individuals other than the principal owners may perform cleaning functions at times when the bar is not open to the public, guests, members or patrons.

hh. “Principal owner” shall mean an individual who holds a twenty-five percent or greater ownership interest in a bar and is a state liquor authority licensee for such bar, or an individual who holds a twenty-five percent or greater ownership interest in a partnership, joint venture, corporation or limited liability corporation, which is the sole owner of a bar and the state liquor authority licensee for such bar; provided, however, that an owner operated bar shall have no more than three principal owners.

2. “Tobacco product” means any substance which contains tobacco, including, but not limited to, cigarettes, cigars, pipe tobacco and chewing tobacco.

jj. “Tobacco bar” is a bar that, in the calendar year ending December 31, 2001, generated ten percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the department of health and mental hygiene in accordance with the rules of such agency. Such registration shall remain in effect for one year and shall be renewable only if: (i) in the preceding calendar year, the previously registered tobacco bar generated ten percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors; and (ii) the tobacco bar has not expanded its size or changed its location from its size or location as of December 31, 2001.

kk. “Negative air pressure” shall mean the air exhausted to the outdoors from a room is at a greater volume than the volume of air supplied into the room.

ll. “Ventilation rate” shall mean the rate at which air is supplied into a room.

2000. “Hospital,” for the purposes of paragraph 6 of subdivision c of section 17-503, shall mean a general hospital as defined in section twenty-eight hundred one of the public health law, diagnostic center and treatment center as defined in section 751.1 of part seven hundred fifty one of title ten of the New York codes, rules and regulations and residential health care facilities as defined in section twenty-eight hundred one of the public health law.

nn. “Hospital grounds” means the outdoor grounds contained within a hospital’s legally defined property boundaries.

oo. “Park or other property under the jurisdiction of the department of parks and recreation” means public parks, beaches, waters and land under water, pools, boardwalks, marinas, playgrounds, recreation centers and all other property, equipment, buildings and facilities now or hereafter under the jurisdiction, charge or control of the department of parks and recreation.

pp. “Pedestrian plaza” means an area designated by the department of transportation for use as a plaza located within the bed of a roadway, which may contain benches, tables or other facilities for pedestrian use.

qq. “Electronic cigarette” means a battery-operated device that heats a liquid, gel, herb, or other substance and delivers vapor for inhalation. Electronic cigarette shall include any refill, cartridge, and any other component of an electronic cigarette.

rr. “Retail electronic cigarette store” means a retail store devoted primarily to the sale of electronic cigarettes, and in which the sale of other products is merely incidental. The sale of such other products shall be considered incidental if such sales generate less than fifty percent of the total annual gross sales.

ss. “Smokeless tobacco” means any tobacco product that is intended for any oral or nasal use other than smoking. Examples of smokeless tobacco include but are not limited to snuff, chewing tobacco, dipping tobacco, dissolvable tobacco products and snus.

tt. “Class A multiple dwelling” means a class A multiple dwelling as such term is defined in paragraph eight of subdivision a of section 27-2004.

uu. “Smoking policy” means a written declaration that states in a clear and conspicuous fashion where smoking is permitted or prohibited on the premises of a class A multiple dwelling.

vv. “Owner of a class A multiple dwelling” means the following:

   (i) In the case of a building with one or more rental dwelling units, other than rental dwelling units in a condominium or a cooperative apartment corporation, the owner of record.

   (ii) In the case of a condominium, including a rental dwelling unit in a condominium, the board of managers.

   (iii) In the case of a cooperative apartment corporation, including a rental dwelling unit in a cooperative apartment corporation, the board of directors.

ww. “Condominium unit owner” means the person or persons owning a dwelling unit in a condominium building.

20. “Tenant” means a tenant, tenant-shareholder of a cooperative apartment corporation, condominium unit owner, subtenant, lessee, sublessee or other person entitled to the possession or to the use or occupancy of a dwelling unit, when the term “tenant” is used in reference to a dwelling unit in a class A multiple dwelling.

yy. “Tenant-shareholder” means the person who owns stock of a cooperative apartment corporation.

zz. “Non-tobacco smoking product” means any product that does not contain tobacco or nicotine and that is designed for human use or consumption by the inhalation of smoke, including but not limited to (i) pipes, water pipes, rolling papers, and any other component, part, or accessory of such product and (ii) shisha, as defined in subdivision z of section 17-702, provided that such shisha does not contain tobacco or nicotine.

aaa. “Non-tobacco hookah establishment” means an establishment that, as of the date of enactment of the local law that added this subdivision, generated fifty percent or more of its total annual gross sales during the preceding calendar year from the on-site sale of non-tobacco smoking products, and that has a permit issued by the department pursuant to section 17-513.5.

§ 17-503 Prohibition of smoking and use of electronic cigarettes.

1. Smoking, and using electronic cigarettes, are prohibited in all enclosed areas within public places except as otherwise restricted in accordance with the provisions below. Such public places include, but are not limited to, the following:

   1. Public transportation facilities, including, but not limited to, ticketing, boarding and waiting areas of public transit depots.

   2. Public means of mass transportation, including, but not limited to, subway cars and all underground areas of a subway station, buses, vans, taxicabs and all for-hire vehicles, including but not limited to limousines, required to be licensed or franchised by the city of New York.

   3. Public restrooms.

   4. Retail stores (other than retail tobacco stores).

   5. Restaurants.

   6. Business establishments (other than retail tobacco stores) including, but not limited to, banks and other financial institutions, catering halls, offices where trade or vocational activity occurs or professional or consumer services are rendered and non-profit entities, including religious institutions; provided however, that this paragraph shall not apply to membership associations, and provided further, however, that this paragraph shall not apply to the smoking of non-tobacco smoking products in non-tobacco hookah establishments.

   7. Libraries, museums and galleries.

   8. Motion picture theaters, concert halls, buildings or areas or rooms in buildings primarily used for or designed for the primary purpose of exhibiting movies or presenting performances, including, but not limited to, stage, musical recital, dance, lecture or other similar performances, except that smoking, and using electronic cigarettes, may be part of a theatrical production.

   9. Auditoriums.

   10. Convention halls.

   11. Sports arenas and recreational areas.

   12. Gymnasiums, health clubs and enclosed areas containing a swimming pool.

   13. Places of meeting or public assembly during such time as a meeting open to the public is being conducted for educational, religious, recreational, or political purposes, but not including meetings conducted in private residences, unless such meetings are conducted in an area in a private residence where a child day care center or health care facility is operated during the times of operation or in an area which constitutes a common area of a multiple dwelling.

   14. Health care facilities including, but not limited to, hospitals, clinics, psychiatric facilities, residential health care facilities, physical therapy facilities, convalescent homes, and homes for the aged; provided however, that this paragraph shall not prohibit smoking, or the use of electronic cigarettes, by patients in separate enclosed rooms of residential health care facilities or facilities where day treatment programs are provided, which are designated as smoking rooms for patients of such facilities or programs, provided, however, that prior written approval is received from the fire commissioner pursuant to section 310.2 of the fire code.

   15. All schools other than public and private pre-primary, primary, and secondary schools providing instruction for students at or below the twelfth-grade level, including, but not limited to, community colleges, technical training establishments, specialty schools, colleges and universities.

   16. Children’s institutions.

   17. Zoos.

   18. Elevators.

   19. Public areas where bingo is played.

   20. Bars; provided however, that smoking shall be permitted in tobacco bars.

   21. Tobacco businesses, except that smoking shall be permitted in areas within a tobacco business designated by such business for the purpose of testing or development of tobacco or tobacco products; provided, however, that such areas must all be located on no more than two floors of the building where such business is located.

   22. Membership associations; provided however, that smoking shall only be allowed in membership associations in which all of the duties with respect to the operation of such association, including, but not limited to, the preparation of food and beverages, the service of food and beverages, reception and secretarial work, and the security services of the membership association are performed by members of such membership association who do not receive compensation of any kind from the membership association or any other entity for the performance of such duties.

2. Smoking, and using electronic cigarettes, are prohibited on any service line, waiting area, or portion thereof, whether located indoor or outdoor during the times in which the public is invited or permitted, notwithstanding the fact that the service line, waiting area, or portion thereof, is in an area otherwise designated for smoking, or using electronic cigarettes, pursuant to subdivision a of this section; provided, however, that this subdivision shall not be construed to prohibit smoking, or using electronic cigarettes, in any area where smoking, or using electronic cigarettes, is permitted pursuant to section 17-505.
3. Smoking, and using electronic cigarettes, are prohibited in the following outdoor areas of public places, except as otherwise restricted in accordance with the provisions below:

   1. Outdoor dining areas of restaurants with no roof or other ceiling enclosure; provided, however, that smoking, or using electronic cigarettes, may be permitted in a contiguous outdoor area designated for smoking, or using electronic cigarettes, so long as such area: (i) constitutes no more than twenty-five percent of the outdoor seating capacity of such restaurant; (ii) is at least three feet away from the outdoor area of such restaurant not designated for smoking, or using electronic cigarettes; and (iii) is clearly designated with written signage as a smoking area or an area for using electronic cigarettes.

   2. Outdoor seating or viewing areas of open-air motion picture presentations or open-air concert, stage, dance, lecture or recital presentations or performances or other similar open-air presentations or performances, when seating or standing room is assigned by issuance of tickets.

   3. Outdoor seating or viewing areas of sports arenas and recreational areas, when seating or standing room is assigned by issuance of tickets.

   4. Outdoor areas of all children’s institutions.

   5. Playgrounds.

   6. Hospital grounds, within fifteen feet of any hospital entrance or exit and within fifteen feet of the entrance to or exit from any hospital grounds.

   7. Pedestrian plazas.

4. Smoking, and using electronic cigarettes, are prohibited in all indoor and outdoor areas of the following public places at all times:

   1. All public and private pre-primary, primary, and secondary schools providing instruction for students at or below the twelfth-grade level, and any vehicles owned, operated or leased by such schools which are used to transport such students or the personnel of such schools.

   2. All child day care centers; provided, however, that with respect to child day care centers operated in private residences, this paragraph shall apply only to those areas of such private residences where the child day care centers are operated during the times of operation or during the time employees are working in such child day care centers.

   3. Any park or other property under the jurisdiction of the department of parks and recreation; provided, however, that this paragraph shall not apply to: (a) the sidewalks immediately adjoining parks, squares and public places; (b) any pedestrian route through any park strip, median or mall that is adjacent to vehicular traffic; (c) parking lots; and (d) theatrical productions.

§ 17-503.1 Prohibition of using smokeless tobacco at sports arenas and recreational areas that issue tickets.

Using smokeless tobacco is prohibited at all times at sports arenas and recreational areas if seating or standing room is assigned by issuance of tickets for any event held at such arenas and areas.

§ 17-504 Regulation of smoking, and use of electronic cigarettes, in places of employment.

1. Smoking, and using electronic cigarettes, are prohibited in those indoor areas of places of employment to which the general public does not generally have access. This section shall not prohibit smoking, or using electronic cigarettes, in any area where smoking, or using electronic cigarettes, is not regulated pursuant to section 17-505.
2. [Repealed.]
3. Smoking, and using electronic cigarettes, are prohibited in company vehicles occupied by more than one person. Smoking, and using electronic cigarettes, are prohibited in all vehicles owned by the city of New York.
4. No employer shall take any retaliatory adverse personnel action against any employee or applicant for employment on the basis of such person’s exercise, or attempt to exercise, his or her rights under this chapter with respect to the place of employment. Such adverse personnel action includes, but is not limited to, dismissal, demotion, suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, compensation or other benefit, failure to hire, failure to appoint, failure to promote, or transfer or assignment or failure to transfer or assign against the wishes of the affected employee. The employer shall establish a procedure to provide for the adequate redress of any such adverse personnel action taken against an employee in retaliation for that employee’s attempt to exercise his or her rights under this chapter with respect to the place of employment.
5. By November 1, 1995, every employer subject to the provisions of this chapter shall adopt, implement, make known, maintain and update to reflect any changes, a written smoking and electronic cigarette use policy which shall contain at minimum, the following requirements:

   1. The prohibition of smoking, and using electronic cigarettes, except in accordance with the provisions of this chapter and any rules promulgated pursuant thereto, and a description of the smoking restrictions and restrictions on the use of electronic cigarettes adopted or implemented.

   2. As set forth in subdivision d of this section, the (A) protection from retaliatory adverse personnel action with respect to all employees or applicants for employment who exercise, or attempt to exercise, any rights granted under such subdivision; and (B) the establishment of a procedure to provide for the adequate redress of any such adverse personnel action taken against an employee in retaliation for that employee’s attempt to exercise his or her rights under this chapter with respect to the place of employment.

6. Employers shall prominently post the smoking and electronic cigarette use policy in the workplace, and shall, within three weeks of its adoption and any modification, disseminate the policy to all employees, and to new employees when hired.
7. Employers shall supply a written copy of the smoking and electronic cigarette use policy upon request to any employee or prospective employee.
8. A copy of the smoking and electronic cigarette use policy shall be provided to the department, the department of buildings, the department of consumer affairs, the department of environmental protection, the fire department and the department of sanitation upon request.
9. This section shall not be construed to permit smoking, and using electronic cigarettes, in any area in which smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-503. Where a place of employment is also a public place where smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-503, and is not exempt from regulation under section 17-505, smoking, and using electronic cigarettes, shall be prohibited.
10. Nothing in this section shall be construed to impair, diminish, or otherwise affect any collectively bargained procedure or remedy available to an employee, existing as of February 1, 1995, with respect to disputes arising under the employer’s smoking policy or with respect to the establishment of a procedure for redress of any adverse personnel action taken against an employee in retaliation for that employee’s attempt to exercise his or her rights under this chapter with respect to the place of employment. Upon expiration of any such collectively bargained procedure or remedy, the provisions of this section shall take effect.

§ 17-505 Areas where smoking, and using electronic cigarettes, are not regulated by this chapter.

The following areas shall not be subject to the smoking and electronic cigarette restrictions of this chapter; provided however, that nothing in this section shall be construed to permit smoking, or using electronic cigarettes, where smoking, and using electronic cigarettes, are otherwise prohibited or restricted by any other law or rule:

1. [Repealed.]
2. Private residences, except any area of a private residence where a child day care center or health care facility is operated (i) during the times of operation or (ii) during the times when employees are working in such child day care center or health care facility areas; provided, however, that a common area of a multiple dwelling shall be subject to smoking and electronic cigarette use restrictions.
3. Hotel and motel rooms occupied by, or available for, occupancy by guests.
4. [Reserved.]
5. [Reserved.]
6. Private automobiles.
7. Retail tobacco stores.
8. Enclosed rooms in restaurants, bars, catering halls, convention halls, hotel and motel conference rooms, and other such similar facilities during the time these enclosed areas or rooms are being used exclusively for functions where the public is invited for the primary purpose of promoting and sampling tobacco products or electronic cigarettes, and the service of food and drink is incidental to such purpose, provided that the operator of such function shall have provided notice to the department of health and mental hygiene in a form satisfactory to such department at least two weeks before such a function begins, and such notice has identified the dates on which such function shall occur. No such facility may permit smoking, or using electronic cigarettes, under this subdivision for more than five days in any calendar year.
9. Retail electronic cigarette stores; provided however, that such stores may only permit the use of electronic cigarettes.

§ 17-506 Posting of signs; prohibition of ashtrays.

1. Except as may otherwise be provided by rules promulgated by the commissioner, “Smoking” or “No Smoking” signs or the international symbols indicating the same, “Electronic Cigarette Use Permitted” or “Electronic Cigarette Use Prohibited” signs, “No Tobacco Use Permitted” or “Use of Tobacco Products Prohibited” signs, or any other signs necessary to comply with the provisions of this chapter, as applicable, shall be prominently and conspicuously posted where smoking, using electronic cigarettes, or using smokeless tobacco is either prohibited, permitted or otherwise regulated by this chapter, by the owner, operator, manager or other person having control of such area. The size, style and location of such signs shall be determined in accordance with rules promulgated by the commissioner, but in promulgating such rules, the commissioner shall take into consideration the concerns of the various types of establishments regulated herein with respect to the style and design of such signs.
2. In addition to the posting of signs as provided in subdivision a, every owner, manager or operator of a theatre which exhibits motion pictures to the public shall show upon the screen for at least five seconds prior to the showing of each feature motion picture, information indicating that smoking, and using electronic cigarettes, are prohibited within the premises.
3. The owner, operator or manager of a hotel or motel that chooses to develop and implement a smoking and electronic cigarette use policy for rooms rented to guests shall post a notice at the reception area of the establishment as to the availability, upon request, of smoke-free and electronic cigarette-free rooms.
4. Ashtrays are prohibited in all smoke-free areas covered by this chapter except (i) ashtrays offered for sale or (ii) ashtrays placed immediately adjacent to hotel and motel elevators and immediately adjacent to public entrances to hotels and motels, provided that such ashtrays are positioned so that second-hand smoke emanating from such ashtrays will not ordinarily activate smoke detectors and provided further that “No Smoking” signs as set forth in subdivision a of this section and in any rules promulgated by the commissioner shall be posted immediately adjacent to such ashtrays.
5. A non-tobacco hookah establishment shall prominently and conspicuously display at its entrance, and in any room or area where non-tobacco smoking products are smoked, a sign warning of the health risks associated with smoking non-tobacco smoking products. The size, style, and content of such signs shall be determined in accordance with rules promulgated by the commissioner.

§ 17-506.1 Obligation of owners of class A multiple dwellings to adopt and disclose a smoking policy.

1. Adoption of smoking policy.

   1. The owner of a class A multiple dwelling shall adopt a smoking policy.

   2. The smoking policy shall address all indoor locations of the class A multiple dwelling, including common areas and dwelling units, and all outdoor areas of the premises, including common courtyards, rooftops, balconies, and patios, and any outdoor areas connected to dwelling units.

   3. The smoking policy shall apply to tenants, including invitees of tenants, and any other person on the premises.

   4. The smoking policy or any material changes thereto shall not be binding on a tenant renting or leasing a dwelling unit during the term of the lease, sublease, or other rental agreement in effect at the time of the adoption of such smoking policy or of any material changes thereto, unless otherwise provided in such lease, sublease, or other rental agreement.

   5. The smoking policy or any material changes thereto shall not be binding on any tenant in occupancy of a rent controlled or rent stabilized dwelling unit prior to the adoption of the initial smoking policy required by this section or on any family member who succeeds to the rights of such tenant, as required by subdivision 4 of section 14 of the public housing law.

2. Disclosure of smoking policy.

   1. Upon adoption of a smoking policy, the owner of a class A multiple dwelling shall provide a copy of the building’s smoking policy to all tenants or post, in a prominent location within such dwelling, a copy of the building’s smoking policy.

   2. Except as provided in paragraph 3 of this subdivision, the owner of a class A multiple dwelling shall incorporate the building’s smoking policy into any agreement to rent or lease a dwelling unit in such building.

   3. In a condominium or cooperative apartment corporation, the condominium unit owner or tenant-shareholder of a cooperative apartment corporation shall incorporate the building’s smoking policy into any agreement to rent or purchase the dwelling unit or shares in the cooperative apartment corporation.

   4. In a condominium, the board of managers shall incorporate the building’s smoking policy into the condominium bylaws or rules.

   5. In a cooperative apartment corporation, the board of directors shall incorporate the building’s smoking policy into the bylaws or rules of the cooperative apartment corporation.

   6. A tenant who is renting or leasing a dwelling unit shall incorporate the building’s smoking policy into any agreement to rent or lease the dwelling unit to a subtenant or sublessee.

   7. Annual disclosure of the smoking policy. On an annual basis, the owner of a class A multiple dwelling shall provide a copy of the building’s smoking policy to all tenants or post, in a prominent location within such dwelling, a copy of the building’s smoking policy.

3. Notification of a material change to smoking policy. The owner of a class A multiple dwelling shall provide notification in writing to all tenants of any material change to the smoking policy or post, in a prominent location within such dwelling, any material change to the smoking policy.
4. Document retention. The owner of a class A multiple dwelling shall make available for inspection by the department copies of the following:

   1. the disclosure required by paragraph 1 of subdivision b of this section, or the annual disclosure required by paragraph 7 of subdivision b of this section, for the current year; and

   2. each notification of a material change made within the past year pursuant to subdivision c of this section.

§ 17-507 Enforcement.

1. The department shall enforce the provisions of this chapter. In addition, designated enforcement employees of the department of buildings, the department of consumer affairs, the department of environmental protection, the fire department and the department of sanitation shall have the power to enforce the provisions of this chapter.
2. Any person who desires to register a complaint under this chapter may do so with the department.
3. With respect to a public place or place of employment, the operator or employer shall inform, or shall designate an agent who shall be responsible for informing, individuals smoking, using electronic cigarettes, or using smokeless tobacco in restricted areas that they are in violation of this local law; provided, however, that the obligations under this subdivision with respect to an operator of a multiple dwelling shall be limited to (i) those multiple dwellings where an agent is on duty and (ii) designating such agent to be responsible for informing individuals smoking, or using electronic cigarettes, in restricted common indoor areas where such agent is on duty, during the times such agent is on duty, that such individuals are in violation of this local law.
4. Where an owner or building manager of a public place where smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-503 is not the operator of such public place but has an agent on duty in such place, the owner or building manager shall designate such agent to inform individuals smoking, or using electronic cigarettes, in restricted common indoor areas (i) where such agent is on duty and (ii) during the times when such agent is on duty, that such individuals are in violation of this local law.

d-1. Where an owner or building manager of a sports arena or recreational area where using smokeless tobacco is prohibited pursuant to section 17-503.1 is not the operator of such arena or area but has an agent on duty in such arena or area, the owner or building manager shall designate such agent to inform individuals using smokeless tobacco (i) where such agent is on duty and (ii) during the times when such agent is on duty, that such individuals are in violation of this local law.

5. Where an owner or building manager of a building in which a place of employment is located where smoking, and using electronic cigarettes, are prohibited or restricted pursuant to section 17-504 is not the operator or employer of such place of employment but has an agent on duty in such place, the owner or building manager shall designate such agent to inform individuals smoking, or using electronic cigarettes, in restricted common indoor areas (i) where such agent is on duty and (ii) during the times when such agent is on duty, that such individuals are in violation of this local law. Such owner or building manager shall also mail a notice to tenants operating such place of employment, informing such tenants of their obligations under this chapter with respect to such restricted common indoor areas. A copy of the mailed notice shall be provided to the department upon request.
6. The department shall seek to obtain voluntary compliance with this chapter by means of publicity and education programs, and the issuance of warnings, where appropriate.
7. The department of parks and recreation shall have the power to enforce section 17-503 as it relates to property under its jurisdiction.

§ 17-508 Violations and penalties.

1. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of premises in which smoking, using electronic cigarettes, or using smokeless tobacco is prohibited or restricted pursuant to this chapter, or the designated agent thereof, to (i) provide a room designated for smoking, or using electronic cigarettes, including, but not limited to, a separate smoking room, room for using electronic cigarettes or an enclosed room, which fails to comply with the provisions of this chapter; provided, however, that the obligations of an owner or building manager of a building (where such owner or building manager of a building in which a public place is located is not the operator or employer of such public place) with respect to such a room shall be limited to work authorized by any permits necessary to perform construction obtained by the owner or his or her agent; (ii) fail to post the signs required by section 17-506; (iii) fail to remove ashtrays as required by subdivision d of section 17-506; or (iv) fail to make a good faith effort to comply with subdivisions c, d, d-1, and e of section 17-507. In actions brought for violations of this subdivision, the following shall be affirmative defenses: (i) that during the relevant time period actual control of the premises was not exercised by the respondent or a person under the control of the respondent, but rather by a lessee, sublessee or any other person; provided, however, that after receiving the notice of violation, the respondent submits to the department within five business days, by certified mail, a sworn affidavit and other such proof as may be necessary, indicating that he or she has not exercised actual control during the relevant time period; (ii) that a person smoking, using an electronic cigarette, or using smokeless tobacco in any area where such activity is prohibited pursuant to section 17-503 or section 17-503.1 was informed by a person who owns, manages, operates or otherwise controls the use of such premises, or the designated agent thereof, that such person smoking, using an electronic cigarette, or using smokeless tobacco is in violation of this local law and that such person who owns, manages, operates or otherwise controls the use of such premises has complied with all applicable provisions of this chapter during the relevant time period; provided, however, that after receiving notice of violation, the respondent submits to the department within five business days, by certified mail, a sworn affidavit and other such proof as may be necessary, indicating that respondent informed the person smoking, using an electronic cigarette, or using smokeless tobacco in any area where such activity is prohibited pursuant to section 17-503 or section 17-503.1 that such person was in violation of this local law and that respondent has complied with all applicable provisions of this chapter during the relevant time period; or (iii) that a person smoking, or using an electronic cigarette, in any restricted common indoor area where smoking, and using electronic cigarettes, are prohibited pursuant to section 17-503 was not informed by the owner or building manager of the premises (where such owner or building manager of a building in which a public place or a place of employment is located is not the operator or employer of such public place or place of employment) or by the operator of a multiple dwelling that such person smoking, or using an electronic cigarette, is in violation of this local law because such owner, building manager or operator did not have a designated agent on duty when such person was smoking, or using an electronic cigarette, and that such owner or building manager has, where applicable, complied with the mailing of a notice required pursuant to subdivision e of section 17-507; provided, however, that after receiving notice of violation, the respondent submits to the department within five business days, by certified mail, a sworn affidavit and other such proof as may be necessary, indicating that a person smoking, or using an electronic cigarette, in any restricted common indoor area where smoking, and using electronic cigarettes, are prohibited pursuant to section 17-503 was not informed by the respondent that such person smoking, or using an electronic cigarette, is in violation of this local law because the respondent did not have a designated agent on duty when such person was smoking, or using an electronic cigarette, and that the respondent has, where applicable, mailed the notice required pursuant to subdivision e of section 17-507.
2. It shall be unlawful for an employer whose place of employment is subject to regulation under section 17-504 to fail to comply with the provisions of that section, including, but not limited to, those provisions requiring the adoption, implementation, dissemination and maintenance of a written smoking and electronic cigarette use policy which conforms to the requirements of subdivision e of section 17-504, or to fail to make a good faith effort to comply with subdivision c of section 17-507. In actions brought for violations of this subdivision, it shall be an affirmative defense that the employer (i) has made good faith efforts to insure that employees comply with the provisions of such written smoking and electronic cigarette use policy and (ii) has complied with all applicable provisions of this chapter.
3. [Repealed.]
4. It shall be unlawful for any person to smoke, use an electronic cigarette, or use smokeless tobacco in any area where such activity is prohibited under section 17-503, section 17-503.1 or section 17-504.

d-1. It shall be unlawful for any owner of a class A multiple dwelling to fail to:

   1. adopt a smoking policy as required by subdivision a of section 17-506.1;

   2. disclose such policy as required by subdivision b of such section;

   3. provide notification of a material change to such policy as required by subdivision c of such section; or

   4. make available copies of such policy as required by subdivision d of such section.

d-2. It shall be unlawful for any tenant-shareholder, condominium unit owner, or tenant who rents or leases a dwelling unit to another person to fail to disclose a smoking policy as required by paragraph 3 or 6 of subdivision b of section 17-506.1.

5. Every person who violates subdivisions a or b of this section shall, for a first violation thereof, be liable for a civil penalty of not less than two hundred dollars nor more than four hundred dollars; for a second violation, both of which were committed within a period of twelve months, be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars; and for a third or subsequent violation, all of which were committed within a period of twelve months, be liable for a civil penalty of not less than one thousand dollars nor more than two thousand dollars. Every person who violates subdivision d of this section shall be liable for a civil penalty of one hundred dollars for each violation, except that every person who violates subdivision d of this section by smoking, or using an electronic cigarette, in a pedestrian plaza as prohibited by paragraph seven of subdivision c of section 17-503 or in a park or other property under the jurisdiction of the department of parks and recreation as prohibited by paragraph three of subdivision d of section 17-503 shall be liable for a civil penalty of fifty dollars for each violation. Every owner of a class A multiple dwelling who violates subdivision d-1 of this section, and every tenant-shareholder, condominium unit owner and tenant who violates subdivision d-2 of this section, shall be liable for a civil penalty of one hundred dollars for each violation, provided that a violation of paragraph two, three or four of subdivision d-1 shall be considered a single violation regardless of whether such owner failed to disclose a smoking policy, to provide notification of adoption of such policy or a material change to such policy, or to make available copies of such policy to more than one person.
6. A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision e of this section shall be commenced by the service of a notice of violation which shall be returnable to the office of administrative trials and hearings, acting pursuant to section 558 and subdivision 2 of section 1048 of the charter, except that a proceeding to recover a civil penalty authorized pursuant to subdivision e for violation of subdivision d by smoking, or using an electronic cigarette, in a pedestrian plaza or in a park or other property under the jurisdiction of the department of parks and recreation, as prohibited by paragraph seven of subdivision c and by paragraph three of subdivision d of section 17-503 respectively, shall be commenced by the service of a notice of violation which shall be returnable to the environmental control board. The office of administrative trials and hearings, acting pursuant to section 558 and subdivision 2 of section 1048 of the charter, or acting pursuant to section 1049-a of the charter, shall have the power to impose the civil penalties prescribed by subdivision e of this section.
7. Whenever a notice of violation of subdivision a or b of this section is served by a person with power to enforce the provisions of this chapter pursuant to subdivision a of section 17-507, such notice shall, where applicable, include an order which requires the respondent to correct the condition constituting the violation and to file a certification with the department that the condition has been corrected. Such order shall require that the condition be corrected within ten days from the date that the order is issued and that certification of the correction of the condition be filed with the department in a manner and form within such further period of time to be determined in accordance with rules and regulations promulgated by the commissioner.
8. If the administrative tribunal established by the board of health or the environmental control board finds, upon good cause shown, that the respondent cannot correct the violation specified in subdivision g of this section, it may postpone the period for compliance with such order upon such terms and conditions and for such period of time as shall be appropriate under the circumstances.
9. In any proceeding before the office of administrative trials and hearings, acting pursuant to subdivision g of this section, if such office finds that the department or other agency issuing the notice of violation has failed to prove the violation charged, it shall notify the department or other agency issuing the notice of violation, and the order requiring the respondent to correct the condition constituting the violation shall be deemed to be revoked.
10. When the owner or operator of a bar has been found to be in violation of subparagraph c of paragraph twenty of subdivision a of section 17-503 on two or more occasions on the basis of one or more employees being in a separate smoking room at times not permitted under this chapter, the tribunal shall revoke the right of such owner or operator to maintain a separate smoking room in such bar.
11. The penalties provided by this section shall be in addition to any other penalty imposed by any other provision of law or regulation thereunder.
12. When a person who has been issued a permit to operate a non-tobacco hookah establishment has been found to have been in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law, the commissioner shall revoke the permit issued to such person to operate such non-tobacco hookah establishment.
13. A non-tobacco hookah establishment found to be in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law shall be responsible for any expert costs relating to proving such violation. The recovery of the costs authorized by this subdivision shall be in addition to any other penalties imposed by this section or by any other provision of law.

§ 17-509 Waiver. [Repealed.]

The department shall engage in a continuing program to explain and clarify the provisions and purposes of this chapter and shall provide assistance to those persons who seek to comply, and to those who want to stop smoking, using electronic cigarettes, or using smokeless tobacco.

§ 17-511 Governmental agency cooperation.

The department shall seek to encourage state and federal governmental and educational agencies having facilities within the city of New York, but not subject to the provisions of this chapter, to establish local operating procedures which substantially conform to the requirements of this chapter.

§ 17-512 General provisions.

1. Nothing in this chapter shall be construed to permit smoking, using electronic cigarettes, or using smokeless tobacco where such activity is otherwise prohibited by law or regulation.
2. Nothing in this chapter shall be construed to prohibit owners, operators, managers, employers or other persons having control of any establishment subject to this chapter from adopting a smoke-free, electronic cigarette-free, or tobacco-free policy which completely prohibits smoking, using electronic cigarettes, or using smokeless tobacco on the premises of such establishment at all times.
3. Nothing in this chapter shall be construed to require owners, operators, managers, employers or other persons having control of any establishment subject to this chapter to choose to construct a separate smoking room, an enclosed room where smoking is permitted or a solid floor-to-ceiling partition separating a restaurant bar from the indoor dining area of a restaurant as the means of complying with this chapter.
4. Nothing in this chapter shall be construed to preclude owners, operators, managers, employers or other persons having control of any establishment covered by this act from prohibiting smoking, using electronic cigarettes, or using smokeless tobacco in such establishment to a greater extent than is provided by this chapter, in accordance with applicable law.
5. Nothing in this chapter shall be construed to allow owners, operators, managers, employers or other persons having control of any establishment covered by this act to be subject to any legal proceeding or action to enforce this chapter in any court by any party, other than the city of New York or its designated agencies, based on such owners’, operators’, managers’, employers’ or other persons alleged manner or method of compliance with the provisions of this chapter or his or her alleged failure to comply with the same.

§ 17-513 Rules.

1. The commissioner shall promulgate rules in accordance with the provisions contained in this chapter, and such other rules as may be necessary for the purpose of implementing and carrying out the provisions of this chapter.
2. The department of parks and recreation and the department of transportation may promulgate rules as may be necessary for the purpose of implementing and carrying out the provisions of this chapter.

In determining the advisability of requiring that certain protections from second-hand smoke be provided in restaurant bars, the commissioners shall consider any applicable standards or recommendations of the American Society of Heating, Refrigerating and Air-Conditioning Engineers, any applicable standards or recommendations of the United States environmental protection agency and the occupational safety and health administration of the United States department of labor with respect to indoor air quality relating to second-hand smoke, the impact on public health of exposure to second-hand smoke and any other factors which such commissioners deem appropriate. Such commissioner shall report to the council by January 1, 1996 regarding the results of the study required pursuant to this subdivision and any recommendations.

§ 17-513.1 Effective dates for membership associations, owner operated bars, tobacco bars and non-tobacco hookah establishments.

1. Any entity who in good faith believes itself to be a membership association shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as a membership association. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity.
2. Any entity who in good faith believes itself to be an owner operated bar shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as an owner operated bar. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity.
3. Any entity who in good faith believes itself to be a tobacco bar shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as a tobacco bar. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity.
4. Any entity that in good faith believes itself to be a non-tobacco hookah establishment shall have 180 days from the effective date of the local law that added this subdivision to apply to the department for a permit as a non-tobacco hookah establishment. No permit application shall be approved by the department for any entity that fails to meet any requirement for a permit contained in subdivision g of section 17-513.5. During the period of time from the effective date of the local law that added this subdivision until the expiration of 180 days, no provision of the local law that added this subdivision, except for the provisions of this section, shall apply to such entity.

§ 17-513.2 Construction.

1. The provisions of this chapter shall not be interpreted or construed to permit smoking, using electronic cigarettes, or using smokeless tobacco where such activity is prohibited or otherwise restricted by other applicable laws, rules or regulations.
2. Class A multiple dwelling smoking policy requirement. The civil penalty provided in subdivision e of section 17-508 shall be the sole remedy for violation of subdivision d-1 or d-2 of such section.

§ 17-513.3 Retail tobacco store and retail electronic cigarette store registration.

It shall be unlawful for any individual to operate a retail tobacco store or a retail electronic cigarette store without having registered with the department in accordance with the rules of the department.

§ 17-513.4 Retail tobacco store and retail electronic cigarette store verification.

The department shall promulgate rules and regulations necessary to establish a system for review and verification of total annual gross sales of retail tobacco stores and retail electronic cigarette stores.

§ 17-513.5 Non-tobacco hookah establishments.

1. It shall be unlawful for a person to operate a non-tobacco hookah establishment without a permit from the department.
2. A permit issued pursuant to this section shall be valid for one year.
3. A permit issued pursuant to this section is not assignable or transferrable.
4. Where any person becomes the beneficial owner of 10 percent or more of the stock of an organization to which a permit has been granted pursuant to this section, if such person previously did not hold at least a 10 percent interest, such permit shall immediately become void.
5. Any permit issued pursuant to this section shall immediately become void upon the addition or termination of any general partner or upon the dissolution of a partnership that owns a non-tobacco hookah establishment.
6. The department may charge a fee of $25 for a permit issued pursuant to this section.
7. To obtain and renew a permit issued pursuant to this section for a non-tobacco hookah establishment, a person shall demonstrate that:

   1. such non-tobacco hookah establishment generated 50 percent or more of its total annual gross sales during the preceding calendar year from the on-site sale of non-tobacco smoking products;

   2. such non-tobacco hookah establishment has been operating as a non-tobacco hookah establishment since at least the date of enactment of the local law that created this section, and has not expanded its size or changed its location on or after the date of enactment of the local law that added this section;

   3. such non-tobacco hookah establishment has not been found to have served shisha containing tobacco or nicotine, in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law, after the effective date of the local law that added this section;

   4. such non-tobacco hookah establishment does not owe a civil penalty for a violation of any provision of this chapter or of chapter 7 of title 17; and

   5. the permit of such non-tobacco hookah establishment issued pursuant to this section has not been revoked pursuant to subdivision l of section 17-508 or subdivision b of section 17-716.

§ 17-514 Report.

Not later than twelve months after the effective date of this local law, and each year thereafter, the department shall submit a report to the mayor and the council concerning the administration and enforcement of this local law.

Chapter 6: Drug Testing of School System Conveyance Drivers

§ 17-601 Definitions.

As used in this chapter, the following terms shall be defined as follows:

1. “Driver” or “Bus driver” shall mean every person employed by a motor carrier who drives and operates a bus or other motor vehicle to transport school children and every person employed by a motor carrier who drives and operates a mobile instructional unit pursuant to a contract between the motor carrier and the board of education.
2. “Motor carrier” shall mean any person, corporation, or entity who operates or employs others to operate buses or other motor vehicles to transport school children and any person, corporation, or entity who operates or employs others to operate mobile instructional units pursuant to a contract with the board of education.
3. “The department” shall mean the New York city department of health and mental hygiene.
4. “Board” or “Board of education” shall mean the New York city board of education.
5. “Illegal drug” shall mean marijuana or concentrated cannabis, cocaine and its derivatives, opiates, amphetamines, phencyclidine and any other drug the board of education shall designate by rule pursuant to section 17-609 of this chapter.
6. “Drug test” shall mean a scientific procedure employing an initial screening test and, where required by this chapter, a subsequent confirmatory test on urine to detect the presence of illegal drugs.
7. “Sample” shall mean a portion of a urine specimen used for testing.
8. “Screening test” shall mean an immunoassay screen using a test at least as reliable as the enzyme multiplied immunoassay test.
9. “Confirmatory test” shall mean a second analytical procedure performed on a different sample of the same specimen that has tested positive on the screening test.
10. “Pre-employment test” shall mean a drug test given to an applicant for the position of driver.
11. “Random test” shall mean a drug test given annually to a predetermined percentage of drivers who are selected on a scientifically defensible random and unannounced basis.
12. “Post-accident test” shall mean a drug test administered to a driver after a serious accident or series of accidents, as defined in section 17-607, has occurred during his or her operation of a bus or other motor vehicle in the course of his or her employment.
13. “Return to duty test” shall mean a drug test given to a driver who previously tested positive to a drug test and is returning to active duty, and any additional, unannounced drug test administered for a period of up to sixty months after a positive test result.
14. “Serious accident” shall mean an accident associated with the operation of a bus or other motor vehicle used to transport school children in which an individual dies or must be taken to a medical treatment facility, or in which property damage is estimated to be more than two thousand five hundred dollars.
15. “Chain of custody procedures” shall mean procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen.
16. “Medical review officer” shall mean a licensed physician responsible for receiving and interpreting laboratory results generated by a drug testing program.
17. “Positive test result” shall mean that the drug test result shows positive evidence that an illegal drug is present in a driver’s system in a level established by the board of education pursuant to section 17-609.
18. “Pass a drug test” shall mean that a medical review officer has determined, pursuant to section 17-609 herein, that the results of a drug test administered under this chapter: (1) showed no evidence or insufficient evidence of an illegal drug; (2) showed evidence of an illegal drug but there was a legitimate medical explanation for the result; (3) were scientifically insufficient to warrant further action; or (4) were suspect because of irregularities in the administration of the test or observation of chain of custody procedures.
19. “Active duty” shall mean the operation of a bus or other motor vehicle used for the transportation of school children.
20. “School year” shall mean the period of time commencing September first and ending on August thirty-first.
21. “Mobile instructional unit” shall mean a vehicle in which federally mandated educational services are provided to eligible non-public school children pursuant to title I of the Elementary and Secondary Education Act of 1965, as amended.

§ 17-602 Drug testing of school system drivers.

Every motor carrier shall certify to the board of education that it requires all drivers employed by such motor carrier to submit to pre-employment drug testing, random drug testing, reasonable suspicion drug testing, post-accident drug testing and return to duty drug testing, in accordance with the requirements of this chapter and any rules promulgated pursuant hereto.

§ 17-603 Prior notice of testing policy.

At the beginning of each school year, every motor carrier shall give written notice of its drug testing policy, as provided by the board of education pursuant to section 17-609(d)(2) of this chapter, to all drivers employed by it. The written notice shall contain the following information: the need for drug testing; the procedure for confirming an initial positive drug test result; the right to obtain an additional drug test on the same specimen at the driver’s own expense; the consequences pursuant to this chapter of not passing a drug test or refusing to take a drug test; and the right to explain a positive test result.

§ 17-604 Pre-employment testing.

For the purposes of this chapter, a motor carrier shall not hire or assign an individual as a driver unless he or she passes a drug test in accordance with the provisions of this chapter.

§ 17-605 Random testing.

1. All drivers employed by a motor carrier subject to this chapter shall be subject to drug testing on an unannounced and random basis.
2. During the school year commencing September 1, 1990 and ending August 31, 1991, every motor carrier shall administer a number of random drug tests equal to twenty-five percent of all drivers employed during that year. For each subsequent school year, every motor carrier shall administer a number of random drug tests equal to fifty percent of all drivers employed by such motor carrier during that year.
3. Each driver shall be in a pool from which random selection is made. Each driver in the pool shall have an equal chance of selection and shall remain in the pool after he or she has been tested.
4. A driver shall be selected for drug testing on a random basis by using a scientifically valid random number generation method.
5. Testing shall be spread through the twelve-month period of the school year.
6. The board of education shall select the dates and times that random drug tests shall be administered and shall be responsible for the driver selection process required by subdivision d of this section.

§ 17-606 Reasonable suspicion testing.

Nothing in this chapter shall preclude a motor carrier from administering a drug test when the motor carrier has a reasonable suspicion that a driver is using an illegal drug or when the chancellor of the board of education, or his or her designee, has a reasonable suspicion that a driver is using an illegal drug and requests that a driver take a drug test.

§ 17-607 Post-accident testing.

1. A drug test must be administered to any bus driver who, during the course of his or her employment, (i) is involved in a serious accident while operating a bus or other motor vehicle; or (ii) during any twelve month period, is involved in three or more accidents while operating a bus or other motor vehicle, regardless of the amount of property damage caused or injuries sustained.
2. The specimen for a post-accident drug test required by this section shall be collected as soon after the accident as is practicable, but not later than thirty-two hours after the accident. In those cases involving testing under paragraph (ii) of subdivision a of this section, the specimen shall be collected in accordance with the requirements of this subdivision after the third accident.

§ 17-608 Return to active duty testing.

A driver who has been removed from active duty pursuant to this chapter may not resume active duty until he or she passes a drug test and the medical review officer has determined the driver is fit to return to active duty. A driver who is tested under this section may be administered one or more unannounced drug tests for up to sixty months after returning to active duty.

§ 17-609 Drug testing procedures.

1. All drug tests administered pursuant to this chapter shall utilize those reliable screening and confirmatory procedures set forth in rules promulgated by the board of education which are at least as reliable as the enzyme multiplied immunoassay screening test and the gas chromatography/mass spectrometry confirmatory test.
2. If a sample yields a positive test result, another sample from the same specimen shall be re-tested using a test at least as reliable as the gas chromatography/mass spectrometry test. Such a confirmatory test shall use a portion of the same test specimen collected from the employee for use in the first test. If such confirmatory test yields a positive test result the driver may, at his or her option and expense, have an additional test conducted on a sample from the same specimen by any laboratory eligible to conduct drug testing under this chapter within thirty days of the administration of the original test.
3. 1. All test results shall be interpreted and verified by a medical review officer employed by the motor carrier. The medical review officer shall be a licensed physician with knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an individual’s test result together with his or her individual medical history and any other relevant biomedical information.

   (2) The medical review officer shall (i) receive the results of all drug tests from the laboratory; (ii) verify that the laboratory report and assessment of all drug test results are reliable and treat the results as confidential until such verification is made; (iii) determine whether an individual passes a drug test; (iv) promptly report all test results to the driver in writing; (v) report each test that does not pass to the individual whom the motor carrier has designated to receive the results and the chancellor of the board of education or his or her designee; (vi) recommend to the motor carrier whether a driver who refused to take or did not pass a drug test administered under this chapter and who passes a subsequent return to active duty test may return to active duty; and (vii) maintain records of all recommendations to the motor carrier concerning removal from or return to active duty and in cases where rehabilitation is not recommended after a confirmed positive test result, the reasons for such recommendation shall be submitted to the chancellor of the board of education or his or her designee.

   (3) When reviewing positive results of a confirmatory test under this section, the medical review officer may consider the individual’s medical history, including any medical records and biomedical information provided, in determining whether there is a legitimate medical explanation for the result, including the use of a legally prescribed medication.

   (4) A driver may submit a list of any legally prescribed medication he or she is using to the medical review officer prior to the administration of a drug test.

4. 1. The board of education, in consultation with the department of health and mental hygiene, shall promulgate rules, which to the extent practicable are consistent with the procedures established by the United States department of transportation, to implement this chapter. Such rules shall include initial cutoff levels to be used when screening urine specimens to determine whether they test positive for illegal drugs, chain of custody procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition, specimen collection procedures, quality assurance and quality control programs, procedures governing the reporting and review of test results and procedures to safeguard the confidentiality of drivers.

   (2) The board of education shall provide motor carriers with written guidelines and procedures for the implementation of the drug testing program pursuant to this chapter no later than the effective date of this local law.

5. Motor carriers subject to this chapter shall use only those laboratories certified under the United States department of health and human services mandatory guidelines for federal workplace drug testing programs or approved by the New York state department of health, to execute the drug testing program required by this chapter.
6. Laboratories employed by motor carriers to execute the drug testing program pursuant to this chapter shall report drug test results to the medical review officer in writing within five days after a drug test has been administered. All drug test specimens shall be retained by such laboratories for at least six months.
7. Two or more motor carriers may join together for the purpose of employing a medical review officer and/or a laboratory to comply with the requirements of this chapter. Notwithstanding the foregoing, each motor carrier shall be individually responsible for complying with the provisions of this chapter.

§ 17-610 Consequences of failure to pass a drug test; refusal to take a drug test.

1. Any driver who does not pass a drug test administered pursuant to this chapter shall immediately be removed from active duty. The medical review officer may, where appropriate, recommend rehabilitation or other treatment programs. No driver shall return to active duty unless he or she submits proof of successful completion of a rehabilitation program or other recommended treatment and passes a return to active duty drug test as required by section 17-608.
2. Any driver who does not pass a drug test shall receive within ten days of the confirmatory test, together with written notification of his or her test result, written notice of the right to undergo an additional drug test performed on a sample of the same specimen, at his or her option and expense, within thirty days after the administration of the original drug test.
3. Any driver who refuses to take a drug test shall immediately be removed from active duty for a period of at least one year and shall not return to active duty until passing a return to active duty drug test as required by section 17-608.

§ 17-611 Recordkeeping and reporting.

1. Motor carriers shall designate an individual or individuals to serve as drug testing program designees to ensure compliance with this chapter. The designees shall be responsible for the implementation of the drug testing program and maintaining all records related to the administration of drug tests. Motor carriers shall retain records related to the collection process and reports of individuals who have not passed a drug test for at least five years and records of individuals who have passed a drug test for at least one year.
2. The medical review officer shall maintain records of individuals who have not passed a drug test for at least five years and the records of individuals who have passed a drug test for at least one year.
3. A motor carrier shall permit the chancellor of the board of education or his or her designee to examine all records relating to the administration and results of the drug testing program established by such motor carrier pursuant to this chapter.
4. A motor carrier shall promptly give written notice to the chancellor of the board of education or his or her designee whenever a driver is removed from active duty or returned to active duty pursuant to this chapter. Such written notice shall include the driver’s name and the date of removal from or return to active duty.
5. A motor carrier shall submit semi-annual reports to the board of education on April first and October first of each year summarizing the following information for the periods from September first through March first and March second through August thirtyfirst, respectively:

   (1) The total number of drug tests administered;

   (2) The number of drug tests administered and the dates of administration in each testing category (i.e., pre-employment, post-accident, reasonable suspicion, random, and return to duty);

   (3) The number of post-accident drug tests administered and the dates of administration in each accident category (i.e., fatal, personal injury, property damage or three accidents);

   (4) For post-accident tests, the number of hours between the accident and the collection of a urine specimen;

   (5) The total number of individuals who did not pass a drug test; (6) The number of individuals who did not pass a drug test by testing category;

   (7) The number of individuals who did not pass a post-accident drug test by accident category;

   (8) The action taken by the motor carrier with respect to each individual who did not pass a drug test;

   (9) The number of drug tests submitted to the laboratory that showed evidence of one or more illegal drugs in the immunoassay screening test in a sufficient quantity to warrant a confirmatory test;

   (10) The total number of drug tests submitted to the laboratory that showed evidence of one or more illegal drugs in the confirmatory test in a sufficient quantity to be reported as positive to the medical review officer;

   (11) The number of drug tests submitted to the laboratory that showed evidence of one or more illegal drugs in the confirmatory test in a sufficient quantity to be reported as positive by the medical review officer;

   (12) Such other relevant information as the board of education shall require.

6. The first semi-annual report required by this section shall be due on April 1, 1991.

§ 17-612 Certification of compliance.

1. A motor carrier shall certify to the board that it has established a drug testing program as required by the provisions of this chapter. Such certification shall be submitted to the board of education no later than one month after the effective date of this chapter, and annually thereafter.
2. The text of the certification required by this section shall be as follows: I, [name], [title], certify that [name of motor carrier] has established and implemented a drug-testing program in accordance with the terms of chapter 6 of Title 17 of the administrative code of the city of New York.

§ 17-613 Termination of contracts.

The board of education may terminate the contract of any motor carrier that does not comply with the provisions of this chapter.

§ 17-614 No abrogation of rights.

Nothing contained in this chapter shall limit any right of a motor carrier to terminate or otherwise discipline any of its drivers who fail to pass a drug test.

§ 17-615 Costs.

The costs associated with drug testing shall be borne by the motor carriers.

Chapter 7: Regulation of Tobacco Products

Subchapter 1: Tobacco Product Regulation Act

§ 17-701 Short title.

This subchapter shall be known and may be cited as the “Tobacco Product Regulation Act.”

§ 17-702 Definitions.

For purposes of this subchapter, the following terms shall be defined as follows:

1. “Affiliated company” means any business entity which is the holder of a right to place or display advertisements in or on a unit of advertising space and which has a relationship with a holder of a right to place or display advertisements in or on another unit of advertising space; such relationship shall be an identity of all principal owners or all directors; provided, however, that only entities which are holders of a right to place or display advertisements on the same type of units of advertising space shall be considered affiliated companies for purposes of this subchapter.
2. “Authorizing agency” means the agency or other unit of local government of the city of New York which is (i) acting on behalf of the city with respect to a written agreement between the city and a private party which allows the placement or display of advertisements in or on a unit of advertising space; (ii) any agency designated by the mayor as having responsibility for a unit of advertising space that is the subject of a written agreement with the city which allows the placement or display of advertisements in or on such unit; or (iii) the issuer of a license or permit that expressly grants the right to place or display advertisements in or on a unit of advertising space. In the event that there is no authorizing agency as defined by this subdivision for a unit of advertising space, the authorizing agency for such unit shall be the agency with the primary expertise in the subject area covered by the written agreement with the city which allows the placement or display of advertisements in or on such unit.
3. [Repealed.]
4. “City of New York” or “city” means the city of New York or any of its agencies or other unit of local government.
5. “Employee” means any person who provides services for the payment of direct or indirect monetary wages or profit, or any person who volunteers his or her services without monetary compensation.
6. “For-hire vehicle” means “for-hire vehicle” as defined in section 19-502 of the code.
7. “For-hire vehicle base” means a place of business from which for-hire vehicles are dispatched.
8. “Instrumentality of public transportation” means buses operated pursuant to a franchise or consent issued by or from the city of New York, ferries and ferry terminals owned or operated by the city of New York, trams and their appurtenances, bus stop shelters and licensed vehicles as defined in section 19-502 of the code.
9. “Person” means any natural person, partnership, corporation, government agency, association or other legal entity.
10. “Public health message” means words, pictures, photographs, symbols, graphics or visual images of any kind, or any combination thereof, the primary purpose of which is to communicate the health risks of tobacco product use or the health benefits of not using tobacco products.
11. “Retail dealer” means “retail dealer” as defined in section 20-201, and any employee or other agent of such retail dealer.
12. “School premises” means the buildings, grounds or facilities, or any portion thereof, owned or occupied by public or private institutions for the primary purpose of providing educational instruction to students at or below the twelfth grade level.
13. “Special event” means an event (i) for which a permit has been issued by the city of New York; (ii) which has a duration of no longer than seven days; and (iii) for which an agreement has been entered into with the city that provides for the placement or display of signage intended to discourage the use of tobacco products.
14. “Taxicab” means “taxicab” as defined in section 19-502 of the code.
15. “Taxicab fleet” means a corporate entity organized for the ownership or operation of twenty-five or more taxicabs, which taxicabs are dispatched from a single location serving as both garage and office of record, which location has been approved by the taxi and limousine commission as adequate for the storage, maintenance, repair and dispatch of the fleet taxicabs, and which location has a dispatcher on the premises at least eighteen hours every day who is responsible for assigning drivers to fleet taxicabs.
16. “Taxicab minifleet” means a corporation licensed by the taxi and limousine commission to own and operate two or more taxicabs.
17. “Tobacco advertisement” means words, pictures, photographs, symbols, graphics or visual images of any kind, or any combination thereof, which bear a health warning required by federal statute, the purpose or effect of which is to identify a brand of a tobacco product, a trademark of a tobacco product or a trade name associated exclusively with a tobacco product, or to promote the use or sale of a tobacco product.
18. “Tobacco product” means any product which contains tobacco that is intended for human consumption, including any component, part, or accessory of such product. Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, tobacco-containing shisha, or dissolvable tobacco product. Tobacco product shall not include cigarettes or any product that has been approved by the United States food and drug administration for sale as a tobacco use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes.
19. “Trademark” means any word, name, symbol, logo, emblem or device, or any combination thereof, used by a person to identify and distinguish his or her goods from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.
20. “Trade name” means any name used by a person to identify his or her business or vocation
21. “Unit of advertising space” means any real property, space, facility or instrumentality of public transportation, or any portion thereof, (i) owned or operated by, or leased from or to the city, or which is located or operates on real property owned or operated by or leased from or to the city, and which is the subject of the same contract, lease, rental agreement, franchise, revocable consent, concession or other similar written agreement with the city which allows the placement or display of advertisements, but not including any real property, space or facility leased from the city for a term of thirty years or more during the entire term of the lease or any real property, space or facility leased from or to the industrial development agency; or (ii) with respect to which a license or permit has been issued by the city that expressly grants the right to place or display advertisements, but not including licenses or permits issued pursuant to the building code.
22. “Wholesale dealer” means “wholesale dealer” as defined in section 11-1301 of the code, and any employee or other agent of such wholesale dealer.
23. “Cigarette” means any roll for smoking made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material but is not made in whole or in part of tobacco.
24. “Cigar” means any roll of tobacco for smoking that is wrapped in leaf tobacco or in any substance containing tobacco, with or without a tip or mouthpiece. Cigar does not include a little cigar as defined in this section.
25. “Little cigar” means any roll of tobacco for smoking that is wrapped in leaf tobacco or in any substance containing tobacco and that weighs no more than four pounds per thousand or has a cellulose acetate or other integrated filter.
26. “Shisha” means any product made primarily of tobacco or other leaf, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe.

aa. “Herbal cigarette” means a product that is meant to be smoked like a cigarette but is composed of one or more herbs and does not contain tobacco.

bb. “Electronic cigarette” means a battery-operated device that heats a liquid, gel, herb, or other substance and delivers vapor for inhalation. Electronic cigarette shall include any refill, cartridge, and any other component of an electronic cigarette.

200. “Non-tobacco smoking product” means any product that does not contain tobacco or nicotine and that is designed for human use or consumption by the inhalation of smoke, including but not limited to (i) pipes, water pipes, rolling papers, and any other component, part, or accessory of such product and (ii) shisha, as defined in subdivision (z) of this section, provided that such shisha does not contain tobacco or nicotine.

§ 17-703 License Required.

It shall be unlawful for a person to engage in any act as a wholesale dealer without a license as prescribed in section 11-1303 of the code, or engage in any act as a retail dealer without a license as prescribed in section 20-202 of the code.

§ 17-703.1 Sign required.

A retail dealer shall post a sign in a conspicuous place at the point of sale of cigarettes or at the place where cigarettes are displayed or offered for sale stating that cigarettes sold in the city of New York must be in packages bearing valid tax stamps.

§ 17-703.2 Requirements for retail dealers concerning cigarette tax.

1. Any package containing cigarettes sold or offered for sale by a retail dealer shall bear a valid tax stamp as required by section 11-1302 of the code. Except as provided in subdivision b of section 11-1305 of the code, any cigarettes possessed or transported in the city by a retail dealer shall be in a package bearing a valid tax stamp.
2. No retail dealer shall engage in a sale or purchase prohibited by subdivision e of section 11-1303 or section 20-205 of the code.
3. No retail dealer shall sell, offer for sale, possess or transport any affixed or unaffixed false, altered or counterfeit cigarette tax stamp, imprint or impression.
4. No retail dealer shall engage in any act to hide or conceal:

   (1) any cigarettes in unstamped or unlawfully stamped packages;

   (2) any affixed or unaffixed false, altered or counterfeit cigarette tax stamp, imprint or impression; or

   (3) any cigarettes that are outside of a package in violation of subdivision a of this section.

§ 17-704 Minimum package sizes.

1. No retail dealer shall sell or offer for sale any cigarettes or tobacco products unless such cigarettes or tobacco products are sold in the package, box, carton or other container provided by the manufacturer, importer or packager which bears any such health warning as may be required by federal statute, rule or consent order.

a-1. No retail dealer shall sell or offer for sale cigarettes unless the cigarettes are sold in a package of at least twenty cigarettes.

2. Reserved.
3. No retail dealer shall sell or offer for sale a little cigar unless the little cigar is sold in a package of at least twenty little cigars.
4. No retail dealer shall sell or offer for sale snus unless it is sold in a package of at least 0.32 ounces, and any other smokeless tobacco unless it is sold in package of at least 1.2 ounces.
5. No retail dealer shall sell or offer for sale shisha or non-tobacco shisha unless any such shisha is sold in a package of at least 3.5 ounces.
6. No retail dealer shall sell or offer for sale loose tobacco unless the loose tobacco is sold in a package of at least 1.5 ounces.

§ 17-704.1 Prohibition on delivery.

1. No retail dealer shall deliver cigarettes or tobacco products by foot, bicycle or any motor vehicle to any location outside its place of business.
2. No electronic cigarette retail dealer, as defined in section 20-560, shall deliver electronic cigarettes by foot, bicycle or any motor vehicle to any location outside its place of business.

(L.L. 2017/145, 8/28/2017, eff. 6/1/2018*)

• Editor’s note: Pursuant to § 23 of L.L. 2017/145, subdivision b is effective on January 25, 2018.

§ 17-705 Age restriction on handling.

It shall be unlawful for a retail dealer to permit an employee or other agent of the retail dealer to sell, dispense or otherwise handle cigarettes or a tobacco product unless such employee or other agent is (1) at least eighteen years of age; or (2) under the direct supervision of the retail dealer or an employee or other agent of the retail dealer who is at least eighteen years of age, and who is present on the premises.

§ 17-706 Sale of cigarettes, tobacco products, liquid nicotine, electronic cigarettes, or non-tobacco smoking products to minors and young adults prohibited.

1. Any person operating a place of business wherein cigarettes, tobacco products, or liquid nicotine are sold or offered for sale is prohibited from selling such cigarettes, tobacco products, or liquid nicotine to individuals under twenty-one years of age. Sale of cigarettes, tobacco products, or liquid nicotine in such places shall be made only to an individual who demonstrates, through a driver’s license or other photographic identification card issued by a government entity or educational institution, that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of cigarettes, tobacco products, or liquid nicotine to an individual under twenty-one years of age.

a-1. Any person operating a place of business wherein electronic cigarettes are sold or offered for sale is prohibited from selling such electronic cigarettes to individuals under twenty-one years of age. Sales of electronic cigarettes in such places shall be made only to an individual who demonstrates, through a driver’s license or other photographic identification card issued by a government entity or educational institution, that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of electronic cigarettes to an individual under twenty-one years of age.

2. Any person operating a place of business wherein non-tobacco smoking products are sold or offered for sale is prohibited from selling such non-tobacco smoking products to individuals under twenty-one years of age. Sale of non-tobacco smoking products in such places shall be made only to an individual who demonstrates, through a driver’s license or other photographic identification card issued by a government entity or educational institution, that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of non-tobacco smoking products to an individual under twenty-one years of age.
3. Any person operating a place of business wherein cigarettes, tobacco products, liquid nicotine, electronic cigarettes, or non-tobacco smoking products are sold or offered for sale shall post in a conspicuous place a sign, in accordance with the rules of the department, advising persons about the minimum age requirements for the purchase of such items.

§ 17-707 Public health messages required where tobacco advertisements appear on certain properties. [Repealed]

It shall be unlawful for any person to use a tobacco product, including chewing tobacco, on school premises at any time.

§ 17-709 Enforcement.

The department of health and mental hygiene and the department of finance shall enforce the provisions of this subchapter. The department of consumer affairs shall enforce sections 17-703, 17-703.1, 17-704, 17-704.1, 17-705 and 17-706. In addition, designated enforcement employees of any authorizing agency shall have the power to enforce the provisions of this subchapter.

§ 17-709.1 Rules.

The commissioner of the department and the commissioner of finance shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this subchapter.

§ 17-710 Violations and penalties.

1. Civil penalties and license revocation for a person found to be in violation of the provisions of this subchapter shall be as follows:

   (1) Any person found to be in violation of section 17-703 shall be liable for a civil penalty of not more than five thousand dollars for the first violation, and not more than five thousand dollars for each additional violation found on that day; and not more than ten thousand dollars for the second violation and each subsequent violation by that person.

   (2) Any person found to be in violation of section 17-703.1 shall be liable for a civil penalty of not more than five hundred dollars in any single day.

   (3) In addition to any penalty that may be imposed pursuant to subdivision b of section 11-1317 of the code, any person found to be in violation of section 17-703.2 of the code shall be liable for a civil penalty of not more than two thousand dollars for the first violation, and not more than two thousand dollars for each additional violation found on that day, and not more than five thousand dollars for the second violation and each subsequent violation at the same place of business within a three-year period.

   (4) Any person found to be in violation of section 17-704, 17-704.1, 17-705 or subdivision a, a-1 or b of section 17-706 shall be liable for a civil penalty of not more than one thousand dollars for the first violation, and not more than one thousand dollars for each additional violation found on that day; and not more than two thousand dollars for the second violation and each subsequent violation at the same place of business within a three-year period. Any person found to be in violation of subdivision c of section 17-706 shall be liable for a civil penalty of not more than five hundred dollars in any single day.

5. In addition, for a second violation of any of section 17-703, section 17-703.2, subdivision a of section 17-704, subdivision a of section 17-704.1, section 17-705 or subdivision a or b of section 17-706 occurring on a different day and any subsequent violations occurring on different days at the same place of business within a three-year period, any person who engages in business as a retail dealer shall be subject to the mandatory revocation of such dealer’s retail tobacco dealer license for such place of business. Any violation of section 17-703, section 17-703.2, subdivision a of section 17-704, subdivision a of section 17-704.1, section 17-705 or subdivision a or b of section 17-706 by any license holder at a place of business shall be included in determining the number of violations by such license holder and by any subsequent license holder at the same place of business unless the subsequent license holder provides the commissioner of the department that has commenced the proceeding to recover a civil penalty pursuant to subdivision b of this section with adequate documentation demonstrating that the subsequent license holder acquired the premises or business through an arm’s length transaction as defined in subdivision e of this section and that the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original licensee to avoid the effect of violations on the premises. A retail tobacco dealer license shall be revoked at the same hearing at which a retail dealer is found liable for a second violation or subsequent violations at the same place of business within a three-year period.

   (6) Any person who violates section 17-708 shall be liable for a civil penalty of not more than fifty dollars for each violation.

2. A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision a of this section for a violation of section 17-703, 17-703.1, 17-703.2, 17-704, 17-704.1, 17-705 or 17-706 shall be commenced by the service of a notice of violation which shall be returnable to the office of administrative trials and hearings acting pursuant to section 558 and subdivision 2 of section 1048 of the charter where the department of health and mental hygiene issues such notice, the office of administrative trials and hearings acting pursuant to section 2203 and subdivision 2 of section 1048 of the charter where the department of consumer affairs or a designated employee of any authorizing agency issues such notice, or an adjudication division of the department of finance or the administrative tribunal selected by the commissioner of finance where the department of finance issues such notice. Such notice shall contain a statement that any hearing for a second violation or subsequent violation of any of the provisions described in paragraph (5) of subdivision a of this section at the same place of business within a three-year period shall also constitute a hearing for the revocation of a retail dealer’s tobacco license where the retail dealer is found to be in violation of any such sections. The department of health and mental hygiene, the department of consumer affairs and the department of finance shall notify each other within thirty days of a final determination that a retail dealer has been found to be in violation of section 17-703, 17-703.2, 17-704, 17-704.1, 17-705 or subdivision a or b of section 17-706. A proceeding to recover any civil penalty authorized pursuant to the provisions of subdivision a of this section for a violation of section 17-708 shall be returnable to the office of administrative trials and hearings acting pursuant to section 558 and subdivision 2 of section 1048 of the charter. Such tribunal shall have the power to impose the civil penalties prescribed by subdivision a of this section. The office of administrative trials and hearings acting pursuant to section 558 or section 2203 of the charter, in addition to subdivision 2 of section 1048 of the charter and an adjudication division of the department of finance or the administrative tribunal selected by the commissioner of finance shall have the power to impose the civil penalties prescribed by subdivision a of this section for a violation of section 17-703, 17-703.1, 17-703.2, 17-704, 17-704.1, 17-705 or 17-706.
3. The penalties provided by subdivision a of this section shall be in addition to any other penalty imposed by any other provision of law or rule promulgated thereunder.
4. Whenever any person has engaged in any acts or practices which constitute a violation of any provision of this subchapter or of any rule promulgated thereunder, the city may make application to a court of competent jurisdiction for an order enjoining such acts or practices and for an order granting a temporary or permanent injunction, restraining order or other order enjoining such acts or practices.
5. For purposes of this section, “arm’s length transaction” means a sale of a fee or all undivided interests in real property, or lease of any part thereof, or a sale of a business, in good faith and for valuable consideration, that reflects the fair market value of such real property or lease, or business, in the open market, between two informed and willing parties, where neither is under any compulsion to participate in the transaction, unaffected by any unusual conditions indicating a reasonable possibility that the sale or lease was made for the purpose of permitting the original licensee to avoid the effect of violations on the premises. The following sales or leases shall be presumed not to be arm’s length transactions unless adequate documentation is provided demonstrating that the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original licensee to avoid the effect of violations on the premises:

   (1) a sale between relatives; or

   (2) a sale between related companies or partners in a business; or

   (3) a sale or lease affected by other facts or circumstances that would indicate that the sale or lease is entered into for the primary purpose of permitting the original licensee to avoid the effect of violations on the premises, such as a sale or lease entered into while there are violations pending against the original licensee that could result in revocation or suspension of the license.

6. Notwithstanding the provisions of subdivision a of this section, the mandatory revocation of a license for a second offense shall be waived if, upon the submission of satisfactory proof, the commissioner determines that the person or persons who committed the violations which are the basis for the mandatory revocation acted against the licensee’s will in committing such violations, the licensee utilized extensive precautionary measures to prevent violations of the provisions of sections 17-704, 17-705 and 17-706 of this code, and the licensee has terminated any financial or employment relationship with each person who committed the violations which are the basis of the mandatory revocation of its license or has taken other significant disciplinary action against such persons. The commissioner shall not determine that a licensee utilized extensive precautionary measures to prevent violations of the provisions of sections 17-704, 17-705 and 17-706 of this code unless the licensee submits satisfactory proof demonstrating that the licensee had, prior to the second violation which is the basis for the mandatory revocation of its license, done the following:

   (1) implemented a clear policy requiring all persons working in the place of business to strictly comply with the provisions of sections 17-704, 17-705 and 17-706 of this code and permitting persons working in the place of business to complete a tobacco product sales transaction only after establishing the age of a prospective purchaser of tobacco products through identification that has been verified for authenticity or through photographic identification as required by section 17-706 of this code; and

   (2) trained all persons working in the place of business to comply with any such policy before they are allowed to sell tobacco products to the public; and

   (3) monitored the performance of persons working in the place of business to ensure that they adhere to such policy, or, in accordance with rules promulgated by the commissioner, conducted periodic retraining of persons working in the place of business.

7. Any retail dealer who fails to pay (1) any civil penalty imposed under chapter thirteen of title eleven of the code for the violation of any provision thereunder, or (2) any civil penalty imposed under this chapter for any violation thereof or under section 17-176.1 or section 17-177 of this title for any violation of such sections, shall be subject to suspension of his or her retail dealer license for the place of business where the violation occurred until such retail dealer pays all such civil penalties. Such retail dealer license shall not be renewed until such retail dealer pays all such civil penalties. A proceeding to suspend a retail dealer license pursuant to this subdivision may be commenced by the department to which payment of the penalty is due, in the same manner as a proceeding pursuant to subdivision b of this section to recover a civil penalty. The office of administrative trials and hearings acting pursuant to section 2203 and subdivision 2 of section 1048 of the charter, the office of administrative trials and hearings acting pursuant to section 558 and subdivision 2 of section 1048 of the charter and an adjudication division of the department of finance or the administrative tribunal selected by the commissioner of finance shall have the power to suspend a retail dealer’s license pursuant to this subdivision.

§ 17-711 Report.

Not later than twelve months after the effective date of the local law that added this section and each year thereafter, the department shall submit a report to the mayor and the city council concerning the administration and enforcement of this subchapter.

§ 17-712 Construction.

Nothing contained in this subchapter shall be construed to preclude the city of New York from prohibiting the placement or display of tobacco advertisements in or on units of advertising space.

Subchapter 2: Regulation of the Sale of Herbal Cigarettes and Flavored Tobacco Products and Regulation of Age of Entry to Non-Tobacco Hookah Establishments

§ 17-713 Definitions.

Whenever used in this subchapter, the following terms shall be defined as follows:

1. “Cigarette” means any roll for smoking made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material but is not made in whole or in part of tobacco.
2. “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, menthol, mint or wintergreen, imparted either prior to or during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
3. “Component part” means any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent.
4. “Constituent” means any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture or packing of the tobacco product. Such term shall include a smoke constituent.
5. “Flavored tobacco product” means any tobacco product or any component part thereof that contains a constituent that imparts a characterizing flavor. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.
6. [Repealed.]
7. “Person” means any natural person, partnership, firm, joint stock company, corporation, or employee thereof, or other legal entity.
8. “Smoke constituent” means any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product.
9. “Tobacco bar” has the meaning as such term is defined in subdivision jj of section 17-502 of this code.
10. “Tobacco product” means any product which contains tobacco that is intended for human consumption, including any component, part, or accessory of such product. Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, tobacco-containing shisha, or dissolvable tobacco product. Tobacco product shall not include cigarettes or any product that has been approved by the United States food and drug administration for sale as a tobacco use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes.

§ 17-714 Sale of herbal cigarettes to minors prohibited. [Repealed]

*§ 17-715 Sale of flavored tobacco products prohibited.* ::

1. It shall be unlawful for any person to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product except in a tobacco bar.
2. There shall be a presumption that a retail dealer in possession of four or more flavored tobacco products, which shall include individual tobacco products, packages of tobacco products, or any combination thereof, possesses such tobacco products with intent to sell or offer for sale.

§ 17-716 Violations and penalties.

1. Any person who violates section 17-715 of this subchapter shall be liable for a civil penalty of not more than one thousand dollars for the first violation, and not more than one thousand dollars for each additional violation found on that day; and not more than two thousand dollars for the second violation at the same place of business within a three-year period, and not more than two thousand dollars for each additional violation found on that day; and not more than five thousand dollars for the third and all subsequent violations at the same place of business within a three-year period. In addition, for a third violation occurring on a different day and all subsequent violations occurring on different days at the same place of business within a three-year period, any person who engages in business as a retail dealer, as such term is defined in section 20-201, shall be subject to the mandatory suspension of his or her license, issued pursuant to section 20-202, for such place of business, for a period not to exceed one year. Such license shall be suspended at the same hearing at which a retail dealer is found liable for a third violation or subsequent violations at the same place of business within a three-year period.
2. Any person who violates subdivision a of section 17-719 shall be liable for a civil penalty of two hundred dollars for the first violation, and not more than two hundred dollars for each additional violation found on the same day; and five hundred dollars for the second violation and each subsequent violation at the same place of business. A proceeding to recover any such civil penalty shall be commenced by the service of a notice of violation returnable to any tribunal established within the office of administrative trials and hearings or within any agency of the city designated to conduct such proceedings. When a person has been found to be in violation of subdivision a of section 17-719 on two or more occasions at a non-tobacco hookah establishment, the commissioner shall revoke the non-tobacco hookah establishment permit issued to such person pursuant to section 17-513.5.
3. Any person found to be in violation of subdivision b of section 17-719 shall be liable for a civil penalty of one hundred dollars for the first violation and not more than one hundred dollars for each additional violation found on the same day, and two hundred dollars for each subsequent violation at the same place of business. A proceeding to recover any such civil penalty shall be commenced by the service of a notice of violation returnable to any tribunal established within the office of administrative trials and hearings or within any agency of the city designated to conduct such proceedings.

§ 17-717 Enforcement.

The department, the department of consumer affairs and the department of finance shall enforce the provisions of this subchapter. A proceeding to recover any civil penalty authorized pursuant to section 17-716 shall be commenced by the service of a notice of violation returnable to the office of administrative trials and hearings acting pursuant to section 558 and subdivision 2 of section 1048 of the charter where the department issues such a notice or to the office of administrative trials and hearings acting pursuant to section 2203 and subdivision 2 of section 1048 of the charter where the department of consumer affairs issues such a notice or to an adjudication division of the department of finance or the administrative tribunal selected by the commissioner of finance where the department of finance issues such notice. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged. Such notice shall contain a statement that any hearing for a third violation or subsequent violation of section 17-715 at the same place of business within a three-year period shall also constitute a hearing for the suspension of a retail dealer’s license where the retail dealer is found to be in violation of such section. The office of administrative trials and hearings acting pursuant to section 558 and subdivision 2 of section 1048 of the charter, the office of administrative trials and hearings acting pursuant to section 2203 and subdivision 2 of section 1048 of the charter and an adjudication division of the department of finance or the administrative tribunal selected by the commissioner of finance shall have the power to render decisions and to impose the remedies and penalties provided for in section 17-716, in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings. The department, the department of consumer affairs and the department of finance shall notify each other within 30 days of finding that a retail dealer has been found liable for any section of this subchapter.

§ 17-718 Rules.

The commissioner of the department, the commissioner of consumer affairs and the commissioner of finance shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this subchapter.

§ 17-719 Requirements relating to non-tobacco hookah establishments.

1. It shall be unlawful for a person to permit an individual under 21 years of age to enter a non-tobacco hookah establishment during operating hours. Entry into such non-tobacco hookah establishment shall be permitted only to an individual who demonstrates, through a driver’s license or other photographic identification card issued by a government entity or educational institution, that the individual is at least 21 years of age. Such identification need not be required of any individual who reasonably appears to be at least 30 years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the granting of permission to enter such an establishment to an individual under 21 years of age.
2. Non-tobacco hookah establishments, as defined in section 17-502, shall clean and sanitize the interior of the bowl, stem, hose, base, and any other part of paraphernalia provided to customers for smoking non-tobacco smoking products, as defined in section 17-502, in accordance with rules promulgated by the department.

Chapter 8: Animal Shelters and Sterilization Act

§ 17-801 Legislative findings. [Repealed]

For the purposes of this chapter, the following terms shall be defined as follows:

1. “Adoption” means the delivery of a dog or cat deemed appropriate and suitable by an animal shelter to an individual at least eighteen years of age who has been approved to own, care and provide for the animal by the animal shelter.
2. “Animal rescue group” means a duly incorporated not-for-profit organization that accepts homeless, lost, stray, abandoned, seized, surrendered or unwanted animals from an animal shelter or other place and attempts to find homes for, and promote adoption of, such animals by the general public.
3. “Animal shelter” means a not-for-profit facility holding a permit in accordance with § 161.09 of the New York city health code where homeless, lost, stray, abandoned, seized, surrendered or unwanted animals are received, harbored, maintained and made available for adoption to the general public, redemption by their owners or other lawful disposition, and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other organization devoted to the welfare, protection or humane treatment of animals.

c-1. “Companion animal” means any dog or cat, and also means any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. “Companion animal” does not include a farm animal as defined in section 350 of the agriculture and markets law or a wild animal as defined in section 161.01 of the New York city health code.

4. “Consumer” means any individual purchasing an animal from a pet shop. A pet shop shall not be considered a consumer.
5. “Feral cat” means an animal of the species felis catus who has no owner, is unsocialized to humans and has a temperament of extreme fear of and resistance to contact with humans.
6. “Full-service shelter” means a person required to have a permit issued pursuant to subdivision (b) of section 161.09 of the New York city health code that houses lost, stray or homeless animals and:

   (1) accepts dogs and cats twelve hours per day, seven days per week;

   (2) has an adoption program available seven days per week; and

   (3) provides sterilization services for dogs and cats and any other veterinary services deemed necessary by a licensed veterinarian at such shelter or at a veterinary facility.

7. “Person” means any individual, corporation, partnership, association, municipality, or other legal entity.
8. “Pet shop” has the same meaning as such term is defined in section 17-371 of this title.
9. “Sterilization” means rendering a dog or cat that is at least eight weeks of age and that weighs at least two pounds unable to reproduce, by surgically altering such animal’s reproductive organs as set forth in the rules of the department or by non-surgical methods or technologies approved by the United States food and drug administration or the United States department of agriculture and acceptable to the department. Such definition shall include the spaying of a female dog or cat or the neutering of a male dog or cat.
10. “Trap-neuter-return” means a program to trap, vaccinate for rabies, sterilize and identify feral cats and return them to the locations where they were found.
11. “Adoptable animal” means any companion animal subject to adoption as defined in subdivision a of this section.

§ 17-803 Animal shelters.

1. A full-service shelter shall be maintained and operated in each of three boroughs of the city of New York. At least one of the full-service shelters shall be open to the public for the purpose of receiving animals twenty-four hours per day, seven days per week.
2. Facilities to receive lost, stray or homeless dogs and cats from the public shall be maintained seven days per week, twelve hours per day in those boroughs of the city in which there is not a full-service shelter.
3. Field services having the capacity to pick up and bring to a shelter lost, stray, homeless or injured dogs and cats from all five boroughs shall be maintained and operated seven days per week, twelve hours per day. Where public health and safety is threatened, they shall have the capacity to pick up such animals twenty-four hours per day.

§ 17-804 Sterilization required.

1. No full-service shelter or other shelter for homeless animals required to have a permit issued pursuant to subdivision (b) of section 161.09 of the New York city health code shall release a dog or cat to a person claiming ownership thereof, or to a person adopting such dog or cat, unless such dog or cat has been sterilized by a licensed veterinarian; provided, however, that such requirement shall not apply:

   (1) if a licensed veterinarian certifies to such shelter that he or she has examined such dog or cat and found that because of a medical reason, the life of such dog or cat would be endangered by sterilization; provided, however, that such reason shall not consist solely of the youth of such dog or cat, if such dog or cat is at least eight weeks of age;

   (2) in the case of a dog, if such dog, within the time period provided for by law, rule or regulation, is claimed by a person claiming ownership thereof, and such person demonstrates to the satisfaction of the shelter that such dog has a breed ring show record from the American Kennel Club or United Kennel Club or other similar, registry association, dated no more than twelve months prior to the date such dog entered such shelter, or such person claiming ownership is able to provide proof that such dog has successfully completed the requirements of the American Kennel Club or United Kennel Club or other similar, registry association, for the title Champion or its equivalent, at any time prior to the arrival of the dog at the shelter;

   (3) in the case of a dog, if such dog, within the time period provided for by law, rule or regulation, is claimed by a person claiming ownership thereof, and such person demonstrates to the satisfaction of the shelter that such dog is a guide dog, hearing dog, service dog or police work dog; or

   (4) in the case of a cat, if such cat within the time period provided for by law, rule or regulation, is claimed by a person claiming ownership thereof, and such person demonstrates to the satisfaction of such shelter that such cat has a breed show record from the Cat Fancier Association or other similar, registry association dated no more than twelve months prior to the date such cat entered such shelter or such person claiming ownership is able to provide proof that such cat has successfully completed the requirements of the Cat Fancier Association or other similar, registry association for the title Champion, Grand Champion or its equivalent, at any time prior to the arrival of the cat at the shelter.

2. No pet shop shall release to a consumer a dog or cat that has not been sterilized by a licensed veterinarian. Such veterinarian shall provide to the pet shop a certificate, in such form and manner as determined by rules promulgated by the department, stating the date on which such sterilization was performed.
3. Every pet shop, in accordance with rules promulgated by the department, shall maintain records of all sales of dogs and cats, sterilization procedures performed at the request of the pet shop, and veterinarian letters and certificates received, and shall retain such records, letters and certificates for a period of five years. Such records, letters, and certificates shall be made available to the department according to rules promulgated by the department. The department may require that such documents be submitted by electronic means.
4. Every owner of a cat who permits such cat to roam outside the interior of the owner’s dwelling shall have such cat sterilized. At the request of employees or authorized agents of the department, owners shall provide proof satisfactory to the department that a cat found roaming has been sterilized. The Department shall not seize a cat solely on the ground that the cat has not been sterilized.
5. The department shall post and maintain on its website a regularly updated list of organizations in New York city that offer trap-neuter-return information and conduct trap-neuter-return activities.
6. A pet shop that allows an animal shelter or animal rescue group to use such pet shop’s premises for the purpose of making animals available for adoption shall be exempt from the requirements of subdivisions b and c of this section with respect to such animals, provided such pet shop does not have an ownership interest in any of the animals that are made available for adoption.

§ 17-805 Reporting requirements.

The department shall provide the mayor and the city council with a report by February twenty-eight of each year which shall set forth information regarding the management and operation of all full-service shelters performing services pursuant to a contract with the city of New York, including but not limited to:

1. The following information with respect to the previous calendar year:

   (1) the total number of animals accepted by each full-service shelter;

   (2) the total number of animals that were sterilized at each full-service shelter;

   (3) the total number of animals that were humanely euthanized at each full-service shelter;

   (4) the total number of healthy animals that were humanely euthanized at each full-service shelter;

   (5) the total number of animals that were adopted at each full-service shelter;

   (6) the total number of animals at each full-service shelter that were returned to their owner; and

   (7) the number of animals at each full-service shelter that were provided to other shelters for adoption.

2. The following information for each month of the previous calendar year:

   (1) the total number of animals, disaggregated by borough, picked up by field services during regular business hours and delivered to (A) receiving facilities and (B) full-service shelters;

   (2) the total number of animals, disaggregated by borough, picked up by field services during off hours and delivered to (A) receiving facilities and (B) full-service shelters;

   (3) the total number of animals taken in and transferred to a full-service shelter from each receiving facility; and

   (4) the staffing levels at all full-service shelters and receiving facilities.

3. The department shall report to the mayor and the council each month the total number of healthy animals that were humanely euthanized at each full-service shelter during the previous month.
4. No later than twenty-four months after the effective date of the local law that added this subdivision, the department shall provide to the mayor and the council a report that summarizes and describes trends in the reporting requirements provided annually in accordance with this section.

§ 17-806 Violations.

Any person found to be in violation of subdivision (b), (c) or (d) of section 17-804, section 17-814, or section 17-815 of this chapter or any of the rules promulgated thereunder shall be liable for a civil penalty of five hundred dollars for each violation. A proceeding to recover any civil penalty authorized pursuant to the provisions of this section shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal authorized to adjudicate violations of the health code or the administrative code.

§ 17-807 Rules.

The commissioner may promulgate such rules as are necessary for the purposes of implementing and carrying out the provisions of this chapter.

§ 17-808 Severability.

If any section, subsection, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.

§ 17-809 No limitation on additional services.

Nothing contained in this chapter shall be deemed to limit the department’s authority to offer additional services or facilities to facilitate the decline in numbers of unwanted and uncared for animals in New York city.

§ 17-810 Euthanizing animals; time frame for making such determination.

In determining when a full-service shelter may euthanize a lost, stray or homeless animal held by it, such shelter shall exclude from the calculation of the number of hours that such shelter is required by law to hold such animal before euthanizing such animal those hours when such shelter is not required to accept dogs and cats pursuant to paragraph one of subdivision d of section 17-802 of this chapter. Such calculation of the number of hours shall not take into consideration the full-service shelter required to accept dogs and cats twenty-four hours per day pursuant to subdivision a of section 17-803 of this chapter.

§ 17-811 Animal population control program.

The department shall promulgate rules and regulations to establish and implement an animal population control program within one hundred eighty days from the effective date of this section. The purpose of this program shall be to reduce the population of unwanted stray dogs and cats thereby reducing potential threats to public health and safety and reducing the costs of caring for these animals. This program shall seek to accomplish its purpose by encouraging residents of the city of New York who are the owners of dogs and cats to have them spayed or neutered by providing no or low-cost spaying and neutering services to such owners. The department shall promulgate rules and regulations necessary to establish an animal population control program including, but not limited, to creating clinics or mobile units where such services shall be performed and establishing criteria for pet owner eligibility to use such services. Indicia of eligibility for pet owners seeking no or low-cost spay and neuter services shall include but not be limited to any criteria deemed acceptable by the agencies performing the services. The commissioner may solicit and accept funds from the animal population control fund established pursuant to section 17-812 of this chapter and any other public or private source to help carry out the provisions of this section.

§ 17-812 Animal population control fund.

1. There is hereby established in the joint custody of the city comptroller and commissioner of finance a fund to be known as the “animal population control fund” which shall be used by the department to subsidize the city’s animal population control program as established by section 17-811 of this chapter.
2. Such fund shall consist of all moneys collected from the animal population control program established pursuant to section 17-811 of this chapter, all moneys collected for the additional fee charged for a license to be issued or renewed for an unsterilized dog pursuant to subdivision three of section two of chapter one hundred fifteen of the laws of eighteen hundred ninety-four, that portion of any penalties assessed under section three of such chapter due to be paid to such fund, and all other moneys credited or transferred thereto from any other fund or source pursuant to law.
3. Moneys of the fund shall be made available to the department and shall be expended for the purposes of carrying out animal population control programs pursuant to the provisions of section 17-811 of this chapter. Moneys shall be paid out of the fund on the audit and warrant of the city comptroller and approved by the commissioner. Any interest received by the city comptroller on moneys on deposit in the animal population control fund shall be retained in and become part of such fund.

§ 17-813 Dog license fee.

1. In addition to the fees required pursuant to chapter 115 of the laws of 1894, as amended, any person applying for a dog license shall pay twenty-five dollars and fifty cents for any dog four months of age or older that has not been spayed or neutered unless an owner presents with the license application a statement certified by a licensed veterinarian stating that he or she has examined the dog and found that because of old age or other reasons, the life of the dog would be endangered by spaying or neutering.
2. Fees collected pursuant to the provisions of this section shall be directed to the animal population control fund established pursuant to section 17-812.

§ 17-814 Licensing of dogs required.

1. No pet shop or animal rescue group shall sell or release a dog to a purchaser or adopter unless such purchaser or adopter first completes an application for a license and tenders the license fees required by law. If such application is completed in connection with the purchase of a dog from a pet shop, such application shall include the following information: the date of purchase, the name and address of the pet shop, and if such pet shop has an operating permit issued by the department, such pet shop’s permit number. Such pet shop or animal rescue group shall forward such completed application and license fees to the department in such manner as may be specified by the department.
2. A pet shop or animal rescue group shall be exempt from the requirements of subdivision a of this section for any sale or adoption of a dog to a purchaser or adopter who executes and submits to such pet shop or animal rescue group a written statement that the dog to be purchased or adopted is to be harbored outside of the city and proof in a form determined by the department that the purchaser or adopter resides outside the city.
3. Every pet shop shall, on at least a monthly basis, report to the department on a form furnished by the department all dogs which have been sold and adopted, indicating for each such dog whether or not the pet shop submitted to the department a license application. Such form shall include the name and address of each such dog’s purchaser or adopter, the license or license application number if known, as well as any other descriptive information regarding such dog as may be required by the department.
4. A pet shop that allows an animal shelter or animal rescue group to use such pet shop’s premises for the purpose of making animals available for adoption shall be exempt from the requirements of this section with respect to such animals, provided such pet shop does not have an ownership interest in any of the animals that are being made available for adoption, and the pet shop does not derive a fee for providing such adoption services.

§ 17-815 Microchipping required.

1. No pet shop or animal rescue group shall release a dog or cat to a purchaser or adopter unless:

   (1) such animal has been implanted with a microchip as a permanent identification;

   (2) such pet shop or animal rescue group has registered such animal’s microchip with such purchaser’s contact information with a bona fide pet microchip registration company; and

   (3) such pet shop or animal rescue group has provided such purchaser with (i) usage instructions for such microchip provided by the manufacturer of such microchip or the company with which such microchip is registered and (ii) written certification of compliance with paragraphs one and two of this subdivision, signed by such purchaser as acknowledgement of receipt, in a form and manner set forth in rules promulgated by the department.

2. Every pet shop and animal rescue group shall retain for a period of ten years from the date of sale of any dog or cat, a copy of the certification signed by the purchaser required by paragraph three of subdivision a of this section.
3. A pet shop that allows an animal shelter or animal rescue group to use such pet shop’s premises for the purpose of making animals available for adoption shall be exempt from the requirements of subdivisions a and b of this section with respect to such animals, provided such pet shop does not have an ownership interest in any of the animals that are being made available for adoption, and the pet shop does not derive a fee for providing such adoption services.

§ 17-816 Promotion of adoptable animals.

Any full-service animal shelter operated by New York city shall post photographs of, and relevant information about, each adoptable animal in its possession, including but not limited to age and sex, within three days of receiving such animal, provided that such animal is not affected by a medical or behavioral condition that makes it unsafe or unsuitable for photographing. The department shall encourage any other animal shelter that holds a permit under section 161.09 of the New York City health code to make its best efforts to promote the placement of adoptable animals.

§ 17-817 Disposal of deceased animals.

The department shall provide information regarding city services that are available for proper disposal of deceased animals and shall post such information to its website.

§ 17-818 Animals discovered during eviction or action taken pursuant to any order or judgment granting legal possession.

An animal shelter directed by a sheriff or city marshal executing a warrant of eviction or any order or judgment granting legal possession to retrieve a companion animal from such premises shall retrieve such companion animal as expeditiously as possible after receiving such direction.

§ 17-819 Civil cause of action for persons denied possession of companion animals.

1. Except as provided in this section or as otherwise provided by law, any person claiming to be denied possession of their companion animal by a landlord still in possession of such companion animal after the execution of a warrant of eviction or action taken pursuant to any order or judgment granting legal possession shall have a cause of action against such landlord in any court of competent jurisdiction for any or all of the following relief:

   1. Compensatory and punitive damages;

   2. Injunctive and declaratory relief;

   3. An order of seizure pursuant to article 71 of the civil practice law and rules;

   4. Attorney’s fees and costs.

2. No person shall be liable under this section if a companion animal is received by its owner or by an animal shelter, animal rescue group or any animal care and control organization approved or designated by or acting on behalf of the department within three days of the warrant of eviction or action taken pursuant to any order or judgment granting legal possession.
3. Nothing in this section shall be construed to create a cause of action against:

   1. The city of New York, or any agency, officer, employee, or agent thereof, including, but not limited to, any city marshal;

   2. The state or any county or any municipality of New York or any agency, officer, employee or agent thereof;

   3. The United States, or any other officer, employee or agent thereof; or

   4. Any animal shelter, animal rescue group, or animal care and control organization approved or designated by or acting on behalf of the department, or any officer, employee or agent thereof.

Chapter 9: Lead

Subchapter 1: Lead Testing Requirements and Standards

§ 17-910 Definitions.

As used in this subchapter:

Child of applicable age. The term “child of applicable age” has the same meaning as the term “applicable age” as defined in section 27-2056.18.

Covered agency. The term “covered agency” means the following agencies that provide services for or relating to children of applicable age: the department, the department of social services/human resources administration, the department of education, the administration for children’s services, the department of youth and community development, the department of homeless services, the department of parks and recreation and any other agencies the mayor may designate that provide services for or relating to children.

Lead-based paint hazard. The term “lead-based paint hazard” shall have the meaning ascribed to such term by section 27-2056.2.

§ 17-911 Required investigation.

In addition to or as part of any investigation required pursuant to section 27-2056.14, whenever a report has been made to the department of a person under 18 years of age with an elevated blood lead level that is at or above the blood lead reference level established pursuant to this subchapter, the department shall conduct such investigation as may be necessary to identify potential sources of such elevated blood lead level, including, but not limited to, an inspection of any dwelling unit in which the department determines such person is routinely present for 10 or more hours per week.

§ 17-912 Lead reference levels and action levels.

1. For the purposes of this subchapter, section 27-2056.14 and any local law referring to a blood lead reference level except as otherwise provided by such local law, the blood lead reference level shall be five micrograms per deciliter, except that, if the federal centers for disease control and prevention or a successor agency defines a lower blood lead reference level the department shall (i) by rule define such lower level as the blood lead reference level for the purposes of this subchapter, section 27-2056.14 and any local law referring to a blood lead reference level except as otherwise provided by such local law or (ii) submit a report to the mayor and the speaker of the council detailing the reasons why such lower blood lead reference level should not be adopted for the city or should result in alternative public health actions other than those provided for in this subchapter.
2. Notwithstanding subdivision a of this section, for the purposes of this subchapter, section 27-2056.14 and any local law referring to a blood lead reference level except as otherwise provided by such local law, the board of health may define in the health code a lower blood lead reference level than that defined by the federal centers for disease control and prevention or a successor agency that shall apply to this subchapter, section 27-2056.14, and any local law referring to a blood lead reference level except as otherwise provided by such local law, if the board determines that defining such a lower blood lead reference level is in the interest of public health.

§ 17-913 Testing water for lead.

1. Whenever testing water for lead from a fixture or other source is required by law or rule, or an order issued by a court or agency of appropriate jurisdiction, such testing shall include (i) taking a first-draw sample from such source, (ii) taking at least one additional sample, when practicable, from such source, except that the department may by rule determine specific circumstances in which a first-draw sample is sufficient, and (iii) analysis of such samples by a laboratory certified to analyze water samples for lead by the federal environmental protection agency or a state agency having appropriate jurisdiction, unless otherwise provided for by federal, state, or local law or rule. For the purposes of this section, the term “first-draw sample” means a first draw tap sample for lead and copper, as such term is defined in section 5-1.1 of title 10 of the New York codes, rules and regulations.
2. Nothing in this section shall prohibit the department from requiring an additional sample from such source.
3. Notwithstanding subdivisions a and b of this section: (i) if the federal environmental protection agency or a successor agency provides any guidance on testing standards that differs from the requirements of this section, the department may by rule adopt such guidance in lieu of the testing standards requirements of this section; and (ii) if a water lead action level is established by federal, state, or local law or rule that requires new sampling requirements, the department may by rule adopt such sampling requirements in lieu of the sampling requirements of this section.

§ 17-914 Lead screening referrals by agencies.

When the parent or guardian of a child of applicable age seeks a service from a covered agency for such child, such agency shall provide a pamphlet developed by the department or other materials approved by the department that include information on how to obtain a blood lead screening.

§ 17-915 Lead hazard inspection and testing.

When the parent or guardian of a child of applicable age seeks a service from a covered agency for such child, such agency shall provide a parent or guardian of such child with a pamphlet developed by the department of health and mental hygiene pursuant to section 17-179 of this code, and inform a parent or guardian of such child that they may, without cost or payment:

1. obtain an inspection conducted by the department of housing preservation and development or its successor agency for peeling paint, a deteriorated subsurface, or an underlying defect in their multiple dwelling rental unit by calling 311; and
2. obtain a lead testing kit for drinking water from the department of environmental protection, have a sample of their drinking water sent to a laboratory for analysis, and receive the results of such analysis within 30 days of such sample being tested.

Subchapter 2: Remediation of Lead-based Paint Hazards in Facilities Providing Day Care Services

§ 17-920 Definitions.

As used in this subchapter, the following terms have the following meanings:

Chewable surface. The term “chewable surface” means a protruding interior window sill in a dwelling unit in a multiple dwelling where a child of applicable age resides, or a covered facility where services for or relating to a child of applicable age are provided, and which is readily accessible to such child. “Chewable surface” also means any other type of interior edge or protrusion in a dwelling unit in a multiple dwelling, such as a rail or stair, where there is evidence that such other edge or protrusion has been chewed or where an occupant has notified the owner that a child of applicable age who resides in that dwelling unit has mouthed or chewed such edge or protrusion.

Covered facility. The term “covered facility” means the interior and exterior of a building, structure, area or premises where day care services are provided, except that for programs regulated by article 43 of the New York city health code, “covered facility” means the rooms and areas of a school facility used to provide such day care services.

Day care service. The term “day care service” means a program or service regulated by articles 43 or 47 of the New York city health code.

Deteriorated subsurface. The term “deteriorated subsurface” has the same meaning as such term is defined in section 27-2056.2.

Friction surface. The term “friction surface” has the same meaning as such term is defined in section 27-2056.2.

Impact surface. The term “impact surface” has the same meaning as such term is defined in section 27-2056.2.

Lead-based paint. The term “lead-based paint” has the same meaning as such term is defined in section 27-2056.2.

Lead-based paint hazard. The term “lead-based paint hazard” means any condition in a dwelling or dwelling unit, or in a covered facility, that causes exposure to lead from lead-contaminated dust, from lead-based paint that is peeling, or from lead-based paint that is present on chewable surfaces, deteriorated subsurfaces, friction surfaces or impact surfaces that would result in adverse human health effects.

Lead-contaminated dust. The term “lead-contaminated dust” has the same meaning as such term is defined in section 27-2056.2.

Peeling. The term “peeling” has the same meaning as such term is defined in section 27-2056.2.

Remediation. The term “remediation” has the same meaning as such term is defined in section 27-2056.2.

§ 17-921 Lead-based paint presumption.

1. All paint or similar surface-coating material on the interior of any covered facility in a structure erected before January 1, 1978, shall be presumed to be lead-based paint.
2. The presumption established by this section may be rebutted by the operator of the covered facility or by the owner of the premises where such facility is located by submitting to the department a sworn written statement by such operator or owner supported by lead-based paint testing or sampling results, a sworn written statement by the person who performed the testing if performed by an employee or agent of such operator or owner and such other proof as the department may require. Testing performed to rebut the presumption may only be performed by a person who has been certified as an inspector or risk assessor in accordance with subparts L and Q of part 745 of title 40 of the code of federal regulations or successor regulations. The determination as to whether such proof is adequate to rebut the presumption established by this section shall be made by the department.

§ 17-922 Remediation of lead-based paint hazards.

1. There shall be no peeling lead-based paint in any portion of any covered facility.
2. Lead-based paint or paint of unknown lead content that is peeling, or which is present on chewable surfaces, deteriorated subsurfaces, friction surfaces, or impact surfaces shall be immediately remediated in a manner authorized by the department.
3. Any equipment that is painted shall be painted with lead-free paint.
4. Whenever a condition prohibited by this section is found to exist, the department shall immediately serve an order on the operator of such facility to remediate the condition. After such order has been served, the operator shall post such notices near the entrance of such facility as required by the rules provided for in section 17-923 of this subchapter. In the event such order is not complied with within 21 days after service thereof, the department shall immediately request an agency of the city of New York to execute such order pursuant to the provisions of section 17-147 of this code. The agency shall execute the order within 21 days of the department’s request. Where compliance with the time requirements of this subdivision would cause undue hardship, and where the operator demonstrates a good faith effort to comply timely and shows that it is maintaining interim controls to protect children from a lead-based paint hazard, the department may extend the time for compliance for an additional 24 days. The department may extend the time for compliance beyond such additional 24 days, in accordance with rules promulgated by the department. The city of New York shall be entitled to enforce its rights for reimbursement of expenses incurred thereby, including as credits toward lease payments.
5. When lead-based paint hazards are remediated pursuant to this section such work shall be performed in compliance with work practices established by the department pursuant to section 17-923 of this subchapter.

§ 17-923 Department rules.

The department shall promulgate such rules as may be necessary for the implementation of this subchapter. Such rules shall incorporate work practices that are no less protective of public health than those set forth in subdivisions d and e of section 173.14 of the health code and those parts of subdivision b of such section of the health code applicable thereto or a successor rule, and shall include a requirement that lead-contaminated dust clearance testing be performed at the completion of such work. Such rules shall require that such work be performed by a person who has, at a minimum, successfully completed a course on lead-safe work practices given by or on behalf of the department or, by the United States environmental protection agency or an entity authorized by it to give such course, or by the United States department of housing and urban development or an entity authorized by it to gives such course. Such rules shall not apply where such work disturbs surfaces of less than (i) two square feet of peeling lead-based paint per room or (ii) ten percent of the total surface area of peeling paint on a type of component with a small surface area, such as a window sill or door frame.

§ 17-924 Annual survey for lead-based paint hazards.

The operator of a covered facility shall conduct a survey of such facility annually, and more often if necessary, to determine the physical condition of surface-coating material throughout each such facility and shall provide a copy of the survey results (i) to the department, which will make the information publicly available online, and (ii) to the parent or guardian of each child that attends such facility, as required by rules of the department.

Chapter 10: Prescription Drug Discount Card Act

§ 17-1001 Short title.

This chapter shall be known and may be cited as the “Prescription Drug Discount Card Act.”

§ 17-1002 Definitions.

When used in this chapter, the term “rebate” shall mean a refund of a certain portion of the wholesale price of a drug based on a negotiated agreement between a drug manufacturer and any administrator of the prescription drug discount card program created pursuant to this chapter.

§ 17-1003 Prescription drug discount card program.

1. The department shall develop a prescription drug discount card program which shall be made available to all New York city residents, regardless of age, income, immigration status or health insurance coverage status, for the purpose of providing all New York city residents with a prescription drug discount card which may be used to buy prescription drugs at reduced prices at participating pharmacies. Such prescription drug discount card program shall enable each user of such program to purchase at a reduced price from a pharmacy that participates in the program any prescription drug that is eligible for a discount through such program. The prescription drug discount card program shall allow users to purchase a drug at the lower of either the drug price available through the prescription drug discount card program or the pharmacy’s customary and usual price. Any prescription drug discount card issued pursuant to this section may not be utilized in conjunction with another type of prescription drug discount card for the same transaction.
2. Nothing in this chapter shall be construed to provide any governmental entity other than the department with access to any individually identifiable information regarding users of the prescription drug discount card program established pursuant to this section. The department shall keep confidential all information concerning the identity of users of the program and the drugs that such users purchase through the program. The department may use such information solely to conduct epidemiological and health planning studies and to provide general information to users about the drugs such users are taking, the conditions for which such users are taking the drugs and other services of the department or the city of New York related to such conditions.
3. No administrator of the prescription drug discount card program shall provide the prescription drug discount card developed pursuant to this section to any resident of the city of New York unless such administrator ensures that a portion of any rebate payments received from drug manufacturers is distributed to users of such program, including pharmacies participating in the program.
4. Any duly licensed pharmacy willing to comply with the terms and conditions of the prescription drug discount card program shall be permitted to participate in the program.

§ 17-1004 Report.

Not later than sixty days after the end of each twelve-month period during which the prescription drug discount card program has been in operation, the department shall provide the city council with a report regarding such program. Such report shall provide information regarding the operation of such program during the reporting period, including, but not limited to (i) the number of prescription drug discount card holders who used the prescription drug discount card at least once, (ii) the total cost savings to all card holders generated by the program, (iii) the average cost savings to a card holder per prescription, (iv) the source and method of cost savings under the program, (v) the major drug categories that are not discounted under the program and an explanation as to why such drugs are not listed, (vi) the drugs for which rebates are offered under the program, listed according to major drug category, (vii) the number of pharmacies participating in the program, and (viii) to the extent available, any costs incurred by pharmacies to participate in the program.

§ 17-1005 Implementation.

The department may enter into contracts or agreements with third parties to implement the provisions of this chapter, including, but not limited to, developing and/or administering the prescription drug discount card program established pursuant to section 17-1003 of this chapter and collecting information required by section 17-1004 of this chapter.

§ 17-1006 Rules.

The department may promulgate such rules as may be necessary to implement the provisions of this chapter.

Chapter 11: Neighbor Notification of Pesticide Application

§ 17-1101 Definitions.

For the purposes of this chapter only, the following terms shall have the following meanings:

1. “Abutting property” means any property which has any boundary or boundary point in common with the property on which the pesticide is to be applied.
2. “Agricultural commodity” means any plant or part thereof, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturalists, floriculturists, orchardists, foresters or other comparable persons) primarily for sale, consumption, propagation or other use by man or animals.
3. “Agency” means any state agency; municipal corporation; public authority; college, as that term is defined in the education law; railroad, as that term is defined in the railroad law; or telegraph, telephone, telegraph and telephone, pipeline, gas, electric, or gas and electric corporation, as those terms are defined in the transportation corporations law, which applies pesticides.
4. “Commercial lawn application” means the application of pesticide to ground, trees or shrubs on public or private outdoor property. For the purposes of this section, the following shall not be considered commercial lawn application:

   i. the application of pesticide for the purpose of producing an agricultural commodity;

   ii. residential application of pesticides;

   iii. the application of pesticides around or near the foundation of a building for the purpose of indoor pest control;

   iv. the application of pesticides by or on behalf of agencies except that agencies shall be subject to visual notification requirements pursuant to section 33-1003 of the environmental conservation law where such application is within one hundred feet of a dwelling, multiple dwelling, public building or public park; and

   v. the application of pesticides on golf courses or turf farms.

5. “Dwelling” means any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place for one or two families.
6. “General use pesticide” means a pesticide which does not meet the state criteria for a restricted pesticide as established under authority of section 33-0303 of the environmental conservation law.
7. “Multiple dwelling” means any dwelling which is to be occupied by or is occupied as the residence or home of three or more families living independently of each other.
8. “Pesticide” means:

   i. any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; and

   ii. any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

9. “Premises” means land and improvements or appurtenances or any part thereof.
10. “Residential lawn application” means the application of general use pesticides to ground, trees, or shrubs on property owned by or leased to the individual making such application. For the purposes of this section, the following shall not be considered residential lawn application:

   i. the application of pesticides for the purpose of producing an agricultural commodity;

   ii. the application of pesticides around or near the foundation of a building for the purpose of indoor pest control;

   iii. the application of pesticides by or on behalf of agencies, except that agencies shall be subject to visual notification requirements pursuant to section 33-1003 of the environmental conservation law where such application is within one hundred feet of a dwelling, multiple dwelling, public building or public park; and

   iv. the application of pesticides on golf courses or turf farms.

§ 17-1102 Notification requirements for commercial and residential lawn applications.

1. 1. All retail establishments that sell general use pesticides for commercial or residential lawn application shall display a sign meeting standards, established by the New York state commissioner of environmental conservation pursuant to subdivision one of section 33-1005 of the environmental conservation law, in a conspicuous place, and such sign shall be placed as close as possible to the place where such pesticides are displayed. (2) The signs required to be displayed pursuant to paragraph one of this subdivision shall contain, at a minimum, pursuant to section 33-1005 of the environmental conservation law:

   i. a warning notice directing consumers to follow directions on labels;

   ii. a provision to inform the customer of the posting requirements set forth in subdivision c of this section; and

   iii. a recommendation that the customer notify neighbors prior to the application of pesticides so that such neighbors may take precautions to avoid pesticide exposure.

2. 1. At least forty-eight hours prior to any commercial lawn application of a pesticide, the person or business making such application shall supply written notice, as defined in subdivision three of section 33-1005 of the environmental conservation law, to:

      i. occupants of all dwellings on abutting property with a boundary that is within one hundred fifty feet of the site of such application; and

      ii. owners, owners’ agents or other persons in a position of authority for all other types of premises that are on abutting property with a boundary that is within one hundred fifty feet of the site of such application. Owners or owners’ agents of multiple family dwellings shall supply such written notice to the occupants of such multiple family dwellings and for all other types of premises, owners, owners’ agents or other persons in a position of authority shall post such written notice in a manner specified by the New York state commissioner of environmental conservation.

   (2) The written notice required pursuant to paragraph one of this subdivision shall contain, at a minimum, pursuant to section 33-1005 of the environmental conservation law:

      i. the address of the premises where application is to be done;

      ii. the name and telephone number and pesticide business registration number or certified applicator number of the person providing the application;

      iii. the specific date of each pesticide application and two alternative dates to the proposed date of application when, due to weather conditions, the pesticide application on the proposed date is precluded;

      iv. the product name or names and the United States environmental protection agency registration number or numbers of the pesticide or pesticides to be applied; and

      v. a prominent statement that reads: “This notice is to inform you of a pending pesticide application to neighboring property. You may wish to take precautions to minimize pesticide exposure to yourself, family members, pets or family possessions. Further information about the product or products being applied, including any warnings that appear on the labels of such pesticide or pesticides that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticides Telecommunications Network at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Info line at 1-800-458-1158.”

   (3) The prior notification provisions of paragraph one of this subdivision shall not apply to the following:

      i. the application of anti-microbial pesticides and anti-microbial products as defined by the federal insecticide, fungicide and rodenticide act (FIFRA) in 7 U.S.C. §§ 136(mm) and 136q(h)(2);

      ii. the use of an aerosol product with a directed spray, in containers of eighteen fluid ounces or less, when used to protect individuals from an imminent threat from stinging and biting insects, including venomous spiders, bees, wasps and hornets. This section shall not exempt from notification the use of any fogger product or aerosol product that discharges to a wide area;

      iii. the use of non-volatile insect or rodent bait in a tamper resistant container; iv. the application of a pesticide classified by the United States environmental protection agency as an exempt material under 40 CFR § 152.25;

      v. the application of a pesticide which the United States environmental protection agency has determined satisfies its reduced risk criteria, including a biopesticide;

      vi. the use of boric acid and disodium octaborate tetrahydrate;

      vii. the use of horticultural soap and oils that do not contain synthetic pesticides or synergists;

      viii. the application of a granular pesticide, where granular pesticide means any ground applied solid pesticide that is not a dust or powder;

      ix. the application of a pesticide by direct injection into a plant or the ground; x. the spot application of a pesticide, where spot application means the application of pesticide in a manually pressurized or non-pressurized container of thirty-two fluid ounces or less to an area of ground less than nine square feet;

      xi. the application of a pesticide to the ground or turf of any cemetery; and

      xii. an emergency application of a pesticide when necessary to protect against an imminent threat to human health, provided, however, that prior to any such emergency application, the person providing such application shall make a good faith effort to supply the written notice required pursuant to this chapter. Upon making an emergency application, the person making such application shall notify the New York state commissioner of health, using a form developed by such commissioner for such purposes that shall include minimally the name of the person making such application, the pesticide business registration number or certified applicator number of the person making such application, the location of such application, the date of such application, the product name and United States environmental protection agency registration number of the pesticide applied and the reason for such application.

3. 1. All persons performing residential lawn applications treating an area more than one hundred square feet shall affix markers to be placed within or along the perimeter of the area where pesticides will be applied. Markers are to be placed so as to be clearly visible to persons immediately outside the perimeter of such property. Such markers shall be posted at least twelve inches above the ground and shall be at least four inches by five inches in size.

   (2) The markers required pursuant to paragraph one of this subdivision shall be in place on the day during which the pesticide is being applied and shall instruct persons not to enter the property and not to remove the signs for a period of at least twenty-four hours. Such instruction shall be printed boldly in letters at least three-eighths of an inch in height.

§ 17-1103 Enforcement.

1. Pursuant to section 33-1004 of the environmental conservation law, the department and the department of environmental protection shall have concurrent authority with the state of New York to enforce the provisions of this chapter, provided that all penalties, which shall be assessed after providing a hearing or opportunity to be heard, shall be as specified in section 17-1104 of this chapter and shall be payable to and deposited with the city of New York.
2. Pursuant to section 33-1004 of the environmental conservation law, the department of consumer affairs shall have concurrent authority with the department, the department of environmental protection and the state of New York to enforce the provisions of subdivision a of section 17-1102 of this chapter, provided that all penalties, which shall be assessed after providing a hearing or opportunity to be heard, shall be as specified in section 17-1104 of this chapter and shall be payable to and deposited with New York city.
3. A proceeding to recover any civil penalty authorized pursuant to section 17-1104 shall be commenced by the service of a notice of violation returnable to the administrative tribunal established by the board of health pursuant to section 558 of the charter of the city of New York where the department issues such notice, the environmental control board established pursuant to section 1049-a of the charter of the city of New York where the department of environmental protection issues such notice, or the adjudication division of the department of consumer affairs established pursuant to section 20-104(e) of the administrative code of the city of New York where that department issues such notice. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein. The administrative tribunal of the board of health, the environmental control board and the adjudication division of the department of consumer affairs shall have the power to render decisions and orders and to impose the remedies and penalties provided for in section 17-1104, in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.

§ 17-1104 Civil and criminal penalties.

1. 1. Any person providing a commercial lawn application who violates any provision of subdivision b of section 17-1102 of this chapter or any rule promulgated pursuant thereto shall be liable for a civil penalty not to exceed five thousand dollars for a first violation, and not to exceed ten thousand dollars for a subsequent offense.

   (2) Notwithstanding any provision of law to the contrary, an owner or owner’s agent of a multiple dwelling or owner, owner’s agent or a person in a position of authority for all other types of premises who violates any provision of subdivision b of section 17-1102 of this chapter or any rule or regulation promulgated pursuant thereto and any person who violates any provision of subdivision c of section 17-1102 of this chapter or any rule promulgated pursuant thereto shall, for a first such violation, in lieu of a penalty, be issued a written warning and shall also be issued educational materials pursuant to subdivision two of section 33-1005 of the environmental conservation law. Such persons shall, however, be liable for a civil penalty not to exceed one hundred dollars for a second violation, and not to exceed two hundred fifty dollars for any subsequent violation.

   (3) Notwithstanding any provision of law to the contrary, any person who violates the provisions of subdivision a of section 17-1102 of this chapter shall be issued a warning for the first violation and shall be provided seven days to correct such violation. Such person shall, however, be liable for a civil penalty not to exceed one hundred dollars for a second violation and not to exceed two hundred fifty dollars for any subsequent violation.

2. 1. Any person providing a commercial lawn application who, having the culpable mental states defined in subdivision one or subdivision two of section 15.05 or in section 20.20 of the penal law, violates any provision of subdivision b of section 17-1102 of this chapter, except an offense relating to the application of a general use pesticide, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction is for a subsequent offense committed after a first conviction of such person under this subdivision, punishment shall be by a fine not to exceed ten thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment.

   (2) Any person providing a commercial lawn application who violates any provision of subdivision b of section 17-1102 of this chapter relating to the use of a general use pesticide shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed two thousand five hundred dollars. If the conviction is for a subsequent offense committed after a first such conviction of such person under this subdivision, punishment shall be by a fine not to exceed five thousand dollars.

Chapter 12: Pesticide Use By City Agencies

§ 17-1201 Application.

This chapter shall apply to all pest control activities on property owned or leased by the city, whether such activities are performed by city employees, contractors or subcontractors.

§ 17-1202 Definitions.

For the purposes of this chapter only, the following terms shall have the following meanings:

1. “Anti-microbial pesticide” shall mean:

   i. disinfectants intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects;

   ii. sanitizers intended to reduce the number of living bacteria or viable virus particles on inanimate surfaces, in water, or in air;

   iii. bacteriostats intended to inhibit the growth of bacteria in the presence of moisture;

   iv. sterilizers intended to destroy viruses and all living bacteria, fungi and their spores, on inanimate surfaces;

   v. fungicides and fungistats intended to inhibit the growth of, or destroy, fungi (including yeasts), pathogenic to humans or other animals on inanimate surfaces; and

   vi. commodity preservatives and protectants intended to inhibit the growth of, or destroy bacteria in or on raw materials (such as adhesives and plastics) used in manufacturing, or manufactured products (such as fuel, textiles, lubricants, and paints), but not those utilized in the pulp and paper process or cooling towers.

2. “Biological pesticide” shall mean a pesticide which is a naturally occurring substance that controls pests and microorganisms that control pests.
3. “City agency” shall mean a city, county, borough, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.
4. “Contractor” shall mean any person or entity that enters into a contract with a city agency, or any person or entity that enters into an agreement with such person or entity to perform work or provide labor or services related to such contract.
5. “Pest” shall mean:

   i. any insect, rodent, fungus, or weed; or

   ii. any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the commissioner of environmental conservation declares to be a pest.

6. “Pesticide” shall mean:

   i. any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; or

   ii. any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

§ 17-1203 Reduction of pesticide use.

1. Effective six months after the enactment of the local law that added this section, no city agency or contractor shall apply to any property owned or leased by the city any pesticide classified as Toxicity Category I by the United States environmental protection agency as of April 1, 2005, provided that for any pesticide classified as Toxicity Category I by the United States environmental protection agency after April 1, 2005, no such agency or contractor shall apply such pesticide after six months of its having been so classified, except as provided for in sections 17-1205 or 17-1206 of this chapter.
2. Effective twelve months after the enactment of the local law that added this section, no city agency or contractor shall apply to any property owned or leased by the city any pesticide classified as a human carcinogen, likely to be carcinogenic to humans, a known/likely carcinogen, a probable human carcinogen, or a possible human carcinogen by the office of pesticide programs of the United States environmental protection agency as of April 1, 2005, except as provided for in sections 17-1205 or 17-1206 of this chapter.
3. Effective eighteen months after enactment of the local law that added this section, no city agency or contractor shall apply to any property owned or leased by the city any pesticide classified by the California office of environmental health hazard assessment as a developmental toxin as of April 1, 2005, except as provided for in sections 17-1205 or 17-1206 of this chapter.
4. On February 1, 2007, and every February 1 thereafter, the department shall submit to the City Council a report listing changes made to the list of pesticides classified as a human carcinogen, likely to be carcinogenic to humans, a known/likely carcinogen, a probable human carcinogen, or a possible human carcinogen by the office of pesticide programs of the United States environmental protection agency and the list of pesticides classified as developmental toxins by the California office of environmental health hazard assessment after April 1, 2005. Such reports shall also include, for each pesticide added to or removed from such classifications, whether and to what extent such pesticide is used by city agencies or contractors in the city of New York.

§ 17-1204 Interagency pest management committee.

1. Effective three months after enactment of the local law that added this section, an interagency pest management committee shall be formed, which shall be headed by the commissioner, or a designee, and which shall include the commissioners of sanitation, environmental protection, citywide administrative services and parks and recreation, the chair of the New York city housing authority and the chancellor of education, or their designees. Such committee shall share information related to the pest control strategies and experience of city agencies and shall meet on a semi-annual basis.
2. By January 1, 2007, the interagency pest management committee shall develop a plan to further reduce pesticide use by city agencies, including initiatives to implement integrated pest management, giving preference to employing physical, mechanical, cultural, biological and educational tactics to prevent conditions that promote pest infestations, which shall be updated on an annual basis, as necessary. The plan, and any updates of such plan, shall be submitted to the mayor and the speaker of the council within thirty days of issuance.

§ 17-1205 Exemptions.

1. The restrictions established pursuant to section 17-1203 of this chapter shall not apply to the following:

   (1) pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water treatment plants, wastewater treatment plants, reservoirs, and related collection, distribution and treatment facilities;

   (2) anti-microbial pesticides;

   (3) pesticides applied to professional sports playing fields, golf courses or used to maintain water quality in swimming pools;

   (4) pesticides used for the purpose of maintaining heating, ventilation and air conditioning systems, cooling towers and other industrial cooling and heating systems;

   (5) pesticides used for the purpose of rodent control in containerized baits or placed directly into rodent burrows or placed in areas inaccessible to children or pets;

   (6) pesticides or classes of pesticides classified by the United States environmental protection agency as not requiring regulation under the federal insecticide, fungicide and rodenticide act, and therefore exempt from such regulation when intended for use, and used only in the manner specified;

   (7) biological pesticides; and

   (8) boric acid and disodium tetrahydrate, silica gels, diatomaceous earth, and nonvolatile insect bait in tamper resistant containers.

§ 17-1206 Waiver.

Any city agency, including the department, is authorized to apply to the commissioner for a waiver of the restrictions established pursuant to section 17-1203 of this chapter. Such application shall be in a form and manner prescribed by the commissioner and shall contain such information as the commissioner deems reasonable and necessary to determine whether such waiver should be granted. In determining whether to grant or deny a request for a waiver, the commissioner shall consider whether the application of 17-1203 would be, in the absence of the waiver, unreasonable with respect to (i) the magnitude of the infestation, (ii) the threat to public health, (iii) the availability of effective alternatives and (iv) the likelihood of exposure of humans to the pesticide. Such waiver may be issued with respect to one or multiple applications and may be granted for a term deemed appropriate by the commissioner, provided, however, that such term shall not exceed one year. Within thirty days of granting a waiver, the department shall provide the pest management committee with a copy of such waiver.

§ 17-1207 Notification.

1. Any city agency or contractor applying pesticides on property owned or leased by the city shall post a notice at publicly accessible locations on such site at least twenty-four hours prior to any such application, in a form and manner prescribed by the commissioner, provided, however, that applications requiring immediate action for public health reasons, such as severe rodent infestations, where mosquito larvae are present, or where populations of infected mosquitoes are present shall require that notice be placed concurrently with such application. Such notice shall include, but not be limited to:

   (1) Date of posting, proposed date of pesticide application and two alternative dates to the proposed date of application when, due to weather conditions, the pesticide application on the proposed date is precluded;

   (2) Address of pesticide application and, if known, specific sites to which the pesticide is to be applied;

   (3) Pest to be controlled and method of pesticide application;

   (4) Common trade names of the pesticide, if applicable;

   (5) United States environmental protection agency registration number of the pesticide, the active ingredient(s) contained in the pesticide and information on how to obtain further information about the products applied, such as by calling the National Pesticides Telecommunications Network at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Info line at 1-800-458-1158; and

   (6) Name and telephone number of the city agency or contractor responsible for the application.

2. The city agency or contractor responsible for posting the notice required pursuant to subdivision a of this section shall not remove such notice for the longer of either three days subsequent to the last moment of pesticide application or the number of days required on the pesticide product label.
3. The notification requirements established pursuant to this section shall not apply to pesticides listed in section 17-1205 of this chapter.

§ 17-1208 Recordkeeping and reporting.

1. Each city agency that uses pesticides shall keep records, for a minimum of three years or such longer time period required by statute, regulation, or agency directive, of each pesticide application by such agency, or by a contractor in the fulfillment of a contract with such agency, which shall include, but not be limited to:

   (1) Date and location of the specific site of pesticide use;

   (2) Pest to be controlled and the method of pesticide application;

   (3) Name and quantity of the pesticide used, including common trade names of such pesticide, if applicable;

   (4) United States environmental protection agency registration number of the pesticide and active ingredient(s) contained in the pesticide;

   (5) Name and telephone number of the city agency or contractor responsible for the application;

   (6) Proof that notice required pursuant to section 17-1207 was provided;

   (7) Any waiver that was granted pursuant to section 17-1206 of this chapter, if applicable.

2. Effective February 1, 2007, and every February first thereafter, each city agency that is subject to the requirements of subdivision a of this section shall submit a report to the commissioner, in a form and manner prescribed by the commissioner, which shall contain the information required to be maintained pursuant to that subdivision for review and analysis. Effective May 1, 2008, and every May first thereafter, the commissioner shall submit a report to the speaker of the council that includes the information reported by each agency pursuant to this subdivision and a summary of such information. Such summary report shall include, but not be limited to, a summary, disaggregated by agency, of the number of times each pesticide was used, the total amount of each pesticide used and the Toxicity Category for each pesticide as determined by the United States environmental protection agency.
3. The department of parks and recreation shall submit a report to the speaker of the New York City Council on February 1, 2007, indicating the pesticides used on city owned golf courses, the frequency of application of such pesticides and any integrated pest management program for such golf courses.

§ 17-1209 Enforcement.

1. Every city contract to perform work or provide labor or services related to property owned or leased by the city shall contain the following provision: “To the extent that you apply pesticides to any property owned or leased by the city, you, or any subcontractor you hire, shall comply with chapter 12 of the administrative code.”
2. Upon receiving information that a contractor is in violation of this chapter, the city agency holding the contract shall review such information and offer the contractor an opportunity to respond. If such city agency finds that a violation has occurred, it shall take such action as may be appropriate and provided for by law, rule or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, and/or declaring the contractor in default.

§ 17-1210 Rules.

The commissioner shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this chapter.

Chapter 13: Availability of Information Regarding Day care Services

§ 17-1301 Definitions.

1. “Child care service” means any service which is permitted as a child care service in accordance with article 47 of the New York city health code.
2. “Child care service permittee” means the person to whom a permit to operate a child care service is issued by the commissioner.
3. “Permit” means an authorization to operate a child care service issued by the commissioner in accordance with article 47 of the New York city health code.
4. “Serious injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
5. “Summary child care service inspection report” is a report that includes, at a minimum, the following information:

   (1) the name of the child care service;

   (2) the name of the child care service permittee;

   (3) the child care service permit number and expiration date;

   (4) the address of the child care service;

   (5) the date of the most recent inspection;

   (6) the maximum number of children authorized to be present at any one time as specified in the child care service permit;

   (7) any violations identified by the department during inspections conducted over the past three years; and

   (8) whether a permit has been ordered suspended or revoked in the past twelve months; whether a child care service has, during the past three years, been ordered closed because its continued operation represented a danger to the health or safety of children; and the terms and conditions, if any, under which such child care service has been allowed to reopen and is authorized to operate.

6. “Violation” means a citation issued by the department which alleges that a child care service has failed to comply with a provision of applicable law, rule or regulation.

§ 17-1302 Access to summary child care service inspection reports.

Following each inspection of a child care service, the department shall post a summary child care service inspection report on the department’s website and shall make summary child care service inspection reports available by calling 311.

§ 17-1303 Posting of information on-site.

Every child care service must post a sign in a conspicuous place near its public entrance or entrances stating that the most recent summary child care service inspection report may be accessed through the website of the department or by calling 311. The sign, whose form and content shall be provided or approved by the department, shall be printed in clear and legible type, in such a manner as to be readily visible to parents or other persons entering the child care service and shall provide instructions on how to gain access to the summary child care service inspection reports through the department’s website.

§ 17-1304 Denial of permit.

1. Every applicant for a new or renewal permit to operate a child care service shall disclose whether a serious injury or the death of a child in its care, or the care of any of its owners, directors, employees, volunteers or agents, has occurred. Every such permit applicant shall further disclose any civil or criminal court verdicts holding that the applicant, or any of its owners, directors, employees, volunteers or agents, was responsible for such serious injury or death of a child, or administrative agency decisions holding or finding that there is credible evidence that the applicant, or any of its owners, directors, employees, volunteers or agents, was responsible for such serious injury or death of a child, and whether any legal proceeding involving the serious injury or death of a child is pending against the applicant, or any of its owners, directors, employees, volunteers or agents. The department shall deny such a permit unless, on the basis of the application and other papers submitted, including the information provided pursuant to this section, and on the basis of department or city investigation, if any, it is satisfied that the provisions of the New York city health code and other applicable law will be met. The death of a child or the occurrence of more than one incident resulting in a serious injury to a child or children in the care of an applicant or permittee shall create a presumption in any proceeding brought by the department to deny or revoke such a permit of the inability of the applicant or permittee to comply with the provisions of said code or other applicable law. Nothing herein shall otherwise limit the department’s authority to deny the issuance or renewal of a permit or to revoke a permit.
2. To the extent permissible by law, where the department has received written notification that a person with responsibility for oversight and direction of a child care service has a felony conviction at any time for a sex offense, crime against a child, or a crime involving violence, or a felony conviction within the past five years for a drug-related offense, the department shall, when consistent with article twenty-three-A of the correction law, deny the application for a permit to operate such child care service.

§ 17-1305 Notification of authorities.

The department shall report to an appropriate state agency any serious injury or death of a child in child care services which has been reported to the department in accordance with applicable law, rules and regulations. Such report shall include the name of the child care service and the child care service permittee of any child care service in which a serious injury or death of a child has occurred.

§ 17-1306 Distribution of information to referral agencies.

1. Definitions.

   1. “Child care program” means any program that provides child day care as defined in section 390 of the New York state social services law, including family day care home, group family day care home and school age child care as defined in section 390 of the New York state social services law, or child care services.

   2. “Referral agency” means the administration for children’s services, the department of social services/human resources administration or any state-funded child care resource and referral agency operating in New York city.

2. To the extent permissible under law, the department shall promptly make available to referral agencies information regarding any child care program for which the department is aware of a current suspension of its license, registration or permit or that it has had its license, registration or permit terminated.
3. The department shall request that referral agencies advise parents to seek additional information regarding any program to which a referral is made by consulting the department’s website or by calling 311.
4. The department shall publish an informational pamphlet which shall, at a minimum, do the following:

   1. Describe the government authorities responsible for regulating child care programs, along with contact information for persons to use if they have questions or complaints about child care programs.

   2. Describe key rules or regulations relating to child care programs, including mandated staff and adult/child ratios, maximum capacity and health and safety standards.

   3. Describe the inspection process and the registration, licensing and permitting processes for child care programs.

4. Advise parents seeking child care programs to ask child care program providers to see the program’s current license, registration or permit and not to enroll a child in any program that does not have a current registration, license or permit or has a current suspension of its registration, license or permit. The informational pamphlet required by this section shall be translated into all covered languages as defined in § 8-1002* of the administrative code of the city of New York. Copies of the pamphlet shall be provided to all referral agencies.

• Editor’s note: Repealed. For current provisions, see Title 21, Chapter 1, Subchapter 1.

§ 17-1307 Reports regarding child care citywide.*

1. Forty-five days after the end of the first full calendar quarter following the effective date of the local law that added this section and forty-five days after the end of each succeeding calendar quarter thereafter, the department shall furnish to the speaker of the city council a report regarding child care programs in New York city that includes, at a minimum, the following information concerning child care services, and to the extent that the department has access to such information, the following information concerning state-regulated family and group family day care homes and school-age child care programs:

   1. number of programs currently holding a valid license, registration or permit issued under state or local law or regulations, disaggregated by borough and by type of program;

   2. number of inspections of such child care programs conducted, disaggregated by borough and by the type of program inspected;

   3. percentage of renewal applications that were not processed by the expiration date of the license, registration or permit being renewed, disaggregated by the type of child care program;

   4. percentage of new applications for a license, registration or permit to operate a state-regulated child care program that resulted in a license or registration, disaggregated by the type of child care program;

   5. percentage of new applications for licenses to operate a child care service that resulted in a license, registration or permit;

   6. number of child care program slots created, disaggregated by type of child care program;

   7. number of complaints received regarding child care programs operating with a license, registration or permit, disaggregated by the type of child care program and borough in which the child care program that is the subject of the complaint is located;

   8. number of complaints received regarding child care programs operating without a license, registration or permit, disaggregated by the borough in which the child care program that is the subject of the complaint is located;

   9. percentage of state-licensed or registered child care programs cited for having violations, disaggregated by borough and by the type of child care program;

   10. total number of initial inspections of child care services and the percentage of child care services that required one or more compliance inspections;

   11. number of child care program licenses, registrations or permits revoked, disaggregated by type of child care program;

   12. number of child care program licenses, registrations or permits suspended, disaggregated by the type of child care program;

   13. number of cease and desist orders issued, disaggregated by the type of state-licensed or registered child care program;

   14. number of early childhood consultants employed in the department’s bureau of child care as of the close of business on the final day of the reporting period;

   15. number of early childhood consultant vacancies in the department’s bureau of child care as of the close of business on the final day of the reporting period;

   16. number of public health sanitarians employed in the department’s bureau of child care as of the close of business on the final day of the reporting period; and

   17. number of public health sanitarian vacancies in the department’s bureau of child care as of the close of business on the final day of the reporting period.

2. Within forty-five days after the end of each calendar year, the department shall publish and make available on its website an annual report containing the information set forth in subdivision a of this section for the prior calendar year.

Chapter 14: Limits On Volatile Organic Compound Emissions In Carpet and Carpet Cushion

§ 17-1401 Definitions.

As used in this chapter the following terms have the following meanings:

1. Carpet. A heavy fabric used to cover a floor and made from wool, cotton, or other natural or synthetic fibers. Such term shall include carpet backing.
2. Carpet business. Any person engaged in the business of selling or installing carpet or carpet cushion.
3. Carpet adhesive. Any adhesive labeled for use in the installation of carpet, vinyl backed carpet, or artificial grass.
4. Carpet backing. Materials such as fabrics, yarns, or chemical compounds at the underside of a carpet, used to reinforce the carpet’s construction.
5. Carpet cushion. A padding made of hair, felt, jute, foam or sponge rubber, or other natural or man-made materials, that is placed on the floor before a carpet is laid.
6. Emission factor. The mass of a compound emitted from a specific unit area of product surface per unit of time.
7. Owner. Any person having a legal or equitable interest in or control of any building, premises or part thereof, including but not limited to the record owner, a tenant or lessee.
8. Person. Any natural person, agent, firm, partnership, corporation or other legal entity.
9. Total volatile organic compound or TVOC. Sum of the concentrations of all identified and unidentified VOCs between and including n-pentane through n-heptadecane (C5-C17) as measured by the gas chromatography/mass spectrometry total ion current (GC/MS TIC) method and expressed as a toluene equivalent value.
10. Volatile organic compound or VOC. Carbon-containing compounds with vapor pressures at standard conditions ranging between those for n-pentane through n-heptadecane (C5-C17), excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides and carbonates and ammonium carbonate. For the purposes of this chapter, formaldehyde and acetaldehyde are considered to be VOCs.

§ 17-1402 Sale or installation of non-compliant carpet or carpet cushion prohibited.

On and after July 1, 2013 it shall be unlawful for a carpet business to sell or offer for sale carpet or carpet cushion designed for installation or use in the interior of a building or for a carpet business or owner to install or lay or to cause the installation or laying of carpet or carpet cushion in the interior of any building, premises or part thereof in the city that is not compliant with the standards set forth in section 17-1404.

§ 17-1403 Carpet adhesive.

Carpet adhesive used in the installation of carpet in the interior of any building in the city shall comply with subpart 228-2 of part 228 of title 6 of the official compilation of the codes, rules and regulations of the state of New York.

§ 17-1404 Standard for testing.

Testing of materials, other than carpet adhesive, covered by this chapter shall be in accordance with American Society for Testing and Materials (ASTM) D 5116-10 (standard guide for small-scale environmental chamber determination of organic emissions from indoor materials/products) or as otherwise specified in the rules of the department. Carpet shall comply with the emission factor limits in table I for a 14-day testing period. Carpet cushion shall comply with the emission factor limits in table II for a 24-hour testing period.

§ 17-1405 Recordkeeping requirements for carpet businesses.

Carpet businesses shall not remove the original manufacturer’s labels from carpets or carpet cushions unless removal is necessary during installation. Carpet businesses shall obtain documentation from the manufacturer, in a form the department finds acceptable, that all carpet or carpet cushion sold, offered for sale or installed within the city is compliant with the standards set forth in section 17-1404 unless the manufacturer’s label otherwise indicates that the carpet or carpet cushion is compliant pursuant to section 17-1406. Such documentation shall be kept on file and available for inspection by consumers and officers and employees of the department or the department of consumer affairs within seventy-two hours of the request. If carpet or carpet cushion is sold outside the city for installation in the city, such documentation shall be available for inspection by consumers and the department at the site upon installation.

§ 17-1406 Green Label, Green Label Plus and other certification programs.

1. Carpets and carpet cushions that have been certified by, and carry the seal or symbol of, the following certification programs shall be deemed to comply with the standards set forth in section 17-1404:

   i. Carpet and Rug Institute (CRI) Green Label certification program, version effective February 16, 2010 or such other version as may be specified in the rules of the department;

   ii. Carpet and Rug Institute (CRI) Green Label Plus certification program, version effective February 16, 2010 or such other version as may be specified in the rules of the department; and iii. other certification programs as may be specified in the rules of the department.

2. Notwithstanding the provisions of subdivision a, this section shall not apply to any certification program if the emission factor allowed for any individual VOC or for TVOC by the applicable version of such program exceeds the standards set forth in section 17-1404.

§ 17-1407 Notice.

Notice of the requirements of this chapter shall be posted in a conspicuous location at the premises of a carpet business within the city where carpet or carpet cushion are sold or offered for sale to consumers or, provided in written form to consumers at the time of sale within the city. If carpet or carpet cushion is sold outside the city for installation in the city, such notice shall be provided to the consumer prior to installation. The form and wording of such notice shall be specified by the department of health and mental hygiene.

§ 17-1408 Construction.

Nothing in this chapter shall be construed to require the removal or replacement of carpet or carpet cushion installed prior to July 1, 2013.

§ 17-1409 Enforcement and penalties.

The provisions of this chapter shall be enforced by the department and the department of consumer affairs. Any person found to be in violation of section 17-1402 or 17-1403 of this chapter or rules of the department promulgated pursuant thereto shall be liable for a civil penalty of not more than five hundred dollars for each violation. Any person found to be in violation of section 17-1405 or 17-1407 of this chapter or rules of the department promulgated pursuant thereto shall be liable for a civil penalty of not more than two hundred fifty dollars for each violation. Such civil penalties may be recovered in proceedings before the environmental control board or the administrative tribunal of the department of consumer affairs or in an action in any court of appropriate jurisdiction. Notices of violation returnable to such board or tribunal may be served by officers and employees of the department and the department of consumer affairs. In any proceeding it shall be an affirmative defense that the respondent is a laborer in the employ of the carpet business to do the physical work of installing the carpet and that he or she has no ownership interest in or control of the business or in any corporation, partnership or other legal entity that owns or controls the business and that he or she has no managerial or supervisory responsibility.

§ 17-1410 Exemptions.

This chapter shall not apply to antique or hand-made rugs or carpets made of natural fibers such as wool, cotton or jute with no VOC containing carpet cushion or carpet backing.

Table ICarpet 14-Day VOC Emissions Test Criteria

Volatile Organic Compound	ChemicalAbstract Service #	Maximum EmissionFactor (mgm2/hr)
Acetaldehyde	75-07-0	130
Benzene	71-43-2	55
Carbon disulfide	75-15-0	744
Carbon tetrachloride	56-23-5	37
Chlorobenzene	108-90-7	930
Chloroform	67-66-3	279
Dichlorobenzene (1,4-)	106-46-7	744
Dichloroethylene (1,1)	75-35-4	65
Dimethylformamide (N,N-)	68-12-2	74
Dioxane (1,4-)	123-91-1	2790
Epichlorohydrin	106-89-8	2
Ethylbenzene	100-41-4	1860
Ethylene glycol	107-21-1	372
Ethylene glycol monoethyl ether	110-80-5	65
Ethylene glycol monoethyl ether acetate	111-15-9	279
Ethylene glycol monomethyl ether	109-86-4	55
Ethylene glycol monomethyl ether acetate	110-49-6	83
Formaldehyde	50-00-0	16.7
Hexane (n-)	110-54-3	6510
Isophorone	78-59-1	1860
Isopropanol	67-63-0	6510
Methyl chloroform	71-55-6	930
Methylene chloride	75-09-2	372
Methyl t-butyl ether	1634-04-4	7440
Naphthalene	91-20-3	8.2
Phenol	108-95-2	186
Prophylene glycol monomethyl ether	107-98-2	6510
Styrene	100-42-5	410
Tetrachloroethylene	127-18-4	32
Toluene	108-88-3	280
Trichloroethylene	79-01-6	558
Vinyl acetate	108-05-4	186
Xylenes, technical mixture(m-,o-, p-xylene combined)	108-38-3 95-47-6106-42-3	651

~

Table IICarpet Cushion 24-Hour VOC Emissions Test Criteria

Volatile Organic Compound	24-hour Testing Period: MaximumEmission Factor (mg/m2 per hour)
Butylated hydroxytoluene	300
Formaldehyde	50
4-Phenylcyclohexene (4PCH)	50
Total Volatile Organic Compounds	1000

~

Chapter 15: Food Service Establishments

§ 17-1501 Definitions.

As used in this Chapter the following terms shall have the following meanings:

1. “Consultative inspection” means an educational sanitary inspection of a food service establishment that shall not result in fines or a grade.
2. “Covered languages” means Chinese, English, Haitian Creole, Korean, Bengali, Russian and Spanish, and any other language determined by the department.
3. “Critical violations” shall have the meaning it is given in section 23-01 of title 24 of the rules of the city of New York.
4. “Food service establishment” means any establishment inspected pursuant to the restaurant grading program established pursuant to subdivision a of section 81.51 of the health code of the city of New York.
5. “Food service establishment inspector” means any individual employed by the department who as part of his or her duties conducts inspections of food service establishments pursuant to subdivision a of section 81.51 of the health code of the city of New York.
6. “General violations” shall have the meaning it is given in section 23-01 of title 24 of the rules of the city of New York.
7. “Imminent health hazard or public health hazard” shall have the meaning it is given in section 81.03 of the health code of the city of New York.
8. “Initial inspection” means the first sanitary inspection within an inspection cycle.
9. “Inspection cycle” means a series of related inspections of food service establishments consisting of at least an initial inspection and including, if triggered by the initial or any subsequent inspections within that cycle, a reinspection and any compliance inspections conducted by the department because of a previous inspection score in that cycle.
10. “Notice of violation” means a written notice issued by a food service establishment inspector alleging that there was a violation of law or regulation at the food service establishment on the day of the food service establishment inspection.
11. “Sanitary inspection” means any on-site review by the department of a food service establishment’s physical facilities, food handling operations, equipment, sanitary condition, maintenance, and worker hygiene practices. The term may include, but shall not be limited to include, initial, reinspection, compliance and pre-permit inspections.

§ 17-1502 Food Service Establishment Inspection Code of Conduct.

1. The commissioner shall develop a code of conduct pertaining to sanitary inspections. The inspection code of conduct shall inform owners and operators of food service establishments of their rights as they relate to sanitary inspections.
2. The inspection code of conduct shall be in the form of a written document, drafted in plain language. The department shall distribute the inspection code of conduct to all food service establishment inspectors and food service establishments. Food service establishment inspectors shall also distribute the inspection code of conduct to food service establishment owners or operators prior to the beginning of an initial inspection. The department shall make the inspection code of conduct available on the department’s website in the covered languages.
3. The code of conduct shall include, but not be limited to, the following requirements:

   (1) the food service establishment inspector shall behave in a professional and courteous manner;

   (2) upon arriving at the food service establishment to perform a sanitary inspection, the food service establishment inspector shall immediately identify himself or herself to the staff of the food service establishment, and note the type of inspection, in a manner that does not unreasonably interfere with the dining experience of patrons;

   (3) the food service establishment inspector shall be as unobtrusive as possible during the inspection while conducting the inspection;

   (4) the food service establishment inspector shall return any equipment he or she moved back to its original location, and reassemble any equipment he or she disassembled, during the course of the inspection;

   (5) the food service establishment inspector shall have a sound knowledge of all relevant health code provisions and any other applicable laws and regulations.

   (6) the food service establishment inspector shall meaningfully communicate with the food service establishment owner or operator, and if necessary, utilize language assistance services to facilitate meaningful communication;

   (7) the food service establishment inspector shall answer reasonable questions relating to the inspection;

   (8) the food service establishment inspector shall enforce agency rules in a fair and impartial manner;

   (9) the food service establishment inspector shall, upon finding a violation, explain to the food service establishment owner or operator how to remedy such violation.

   (10) the food service establishment inspector must provide information informing the food service establishment owner or operator how such owner or operator may contest a notice of violation before the relevant local tribunal; and

11. the food service establishment inspector shall provide information on how the food service establishment owner or operator may file a comment, compliment, or complaint about an inspector.

   d. The commissioner shall regularly, but no less frequently than every two years, review and update the inspection code of conduct, as necessary.

5. Nothing in this section or in the inspection code of conduct shall be construed to create a cause of action or constitute a defense in any legal, administrative, or other proceeding.

§ 17-1503 Food Service Establishment Advisory Board.

1. There shall be an advisory board to advise the commissioner concerning matters related to the food service establishment sanitary inspection program and its effect on the restaurant industry, food safety and public health.
2. Such advisory board shall consist of twenty members as follows:

   i. Ten members shall be appointed by the mayor, provided that two such members shall represent food service industry associations, two such members shall have advanced specialized training in food safety, two such members shall have advanced specialized training in nutrition, and four such members shall operate food service establishments;

   ii. Nine members shall be appointed by the speaker of the council, provided that two such members shall represent food service industry associations, two such members shall have advanced specialized training in food safety, two such members shall have advanced specialized training in nutrition, and three such members shall operate a food service establishment;

   iii. The commissioner of the department of health and mental hygiene shall serve ex officio.

3. At the invitation of the department, other individuals may participate in the discussions of the board.
4. Each member, other than the member serving in an ex officio capacity, shall serve for a term of two years, to commence upon the first meeting of the advisory board. Any vacancies in the membership of the advisory board shall be filled in the same manner as the original appointment. A person filling such vacancy shall serve for the unexpired portion of the term of the succeeded member.
5. No member of the advisory board shall be removed except for cause and upon notice and hearing by the appropriate appointing official.
6. Members of the advisory board shall serve without compensation and shall meet no less often than every three months.
7. The agendas for the first four meetings of the advisory board shall include, but not be limited to:

   1. a review of current health code violations for which points are assigned, including those violations that do not bear directly on food safety and public health;

   2. a review of the current food safety inspector training curriculum;

   3. a review of the effect of letter grading on public health and food safety, including information on the top ten most commonly cited violations in the previous year and any change in the incidences of illness from food borne pathogens; and

   4. a review of the relationship between the food service industry and the department.

8. On January 1, 2015, and every year thereafter on January first, the advisory board shall submit a report to the mayor, the commissioner, and the speaker of the council. Such report shall include, but not be limited to:

   1. an assessment of the restaurant inspection program and its effect on the restaurant industry, public health and food safety, including information on the top ten most commonly cited violations in the previous year and any change in the incidences of illness from food borne pathogens; and

   2. specific recommendations for changes and/or improvements to the restaurant inspection program and actions, if any, taken by the department in response to such recommendations.

§ 17-1504 Food Service Establishment Consultative Inspection Program.

1. The department shall implement a consultative inspection program for food service establishments.
2. Such consultative inspections shall be optional, and performed for educational and informational purposes only. A consultative inspection shall not result in a notice of violation being issued for general violations, critical violations, imminent health hazards or public health hazards. A consultative inspection shall not impact a food service establishment’s inspection cycle.
3. Upon completion of a consultative inspection, the inspector shall review the results with the owner or operator of the food service establishment, and advise the owner or operator of potential violations and how to remedy such violations.
4. Nothing in this section shall prohibit the department from taking appropriate action if a food service establishment fails to remedy a public health hazard at the time of the consultative inspection.
5. The department may charge a fee which shall be set by rule promulgated by the commissioner.
6. The department may schedule the consultative inspection based on factors, set by rule promulgated by the commissioner, including but not limited to demand, prioritization according to inspection history, and the inspection cycle of the food service establishment.
7. Within the consultative inspection program for food service establishments, the department shall develop a system for newly licensed food service establishments whereby such establishments may schedule the consultative inspection prior to their first initial inspections for a nominal fee which shall be set by rule promulgated by the commissioner.

§ 17-1505 [Food service establishment inspections ombuds office.]

1. Food service establishment inspections ombuds office; office established. There is hereby established within the food safety program of the department a food service establishment inspections ombuds office.
2. Food service establishment inspections ombuds office; duties and responsibilities. The food service establishment inspections ombuds office shall have, but not be limited by, the following duties and responsibilities:

   1. establishing a system to receive questions, comments, complaints, and compliments with respect to any food service establishment inspection, including but not limited to, the establishment, operation, and dissemination of a central telephone hotline and website to receive such questions, comments, complaints, and compliments;

   2. investigating complaints received pursuant to paragraph one of this subdivision and taking any action it deems appropriate regarding such complaints, including but not limited to, withdrawing violations that concern the physical layout and/or major fixtures within a food service establishment where the department finds that such physical layout or fixture existed at the time of a prior inspection but was not the subject of a violation and the condition has not been altered since the time of such prior inspection, and identifying egregious inspection errors that ought to be rectified by the department in lieu of submission to the administrative tribunal;

   3. issuing guidance letters providing informal advisory opinions on matters pertaining to food service establishment inspections, including but not limited to appropriate inspection methods and food handling techniques, either upon request or the department’s own initiative. Any such guidance letter issued by the ombuds office shall be posted on the department’s website upon issuance and, to the greatest extent practicable, distributed to all food service establishment operators;

   4. monitoring inspection results for trends and inconsistencies, including but not limited to, via the compilation and analysis on a quarterly basis of the type and number of violations issued by each inspector; and

   5. making recommendations to the commissioner regarding improvements to the food service establishment inspection process.

3. Food service establishment inspections ombuds office; annual report. No later than July 1, 2014, and every July 1 thereafter, the ombuds office shall submit to the commissioner an annual report regarding its activities during the previous twelve months. The ombuds office shall forward a copy of such report to the mayor and the speaker of the council. Such report shall include, but not be limited to:

   1. the number, nature, and resolution of questions, comments, complaints, and compliments received by the ombuds office;

   2. the number and nature of guidance letter requested;

   3. a copy of each guidance letter issued;

   4. an analysis of trends and inconsistencies across inspection results; and

   5. recommendations for improvements to the food service establishment inspection process in accordance with paragraph five of subdivision b of this section.

§ 17-1506 Inspections for social adult day cares and senior centers; reporting.

1. For purposes of this section, the following terms have the following meanings:

   Food service establishment. The term “food service establishment” has the same meaning as such term is defined in section 81.03 of the New York City health code.

   Senior center. The term “senior center” has the same meaning as such term is defined in section 21-201.

   Social adult day care. The term “social adult day care” has the same meaning as such term is defined in section 21-201.

2. Each senior center and social adult day care that is a food service establishment shall be inspected by the department at least annually in accordance with article 81 of the New York City health code.
3. Inspection results and any related information for each senior center and social adult day care shall be posted and updated as necessary on the department’s website. Such inspection results shall show such senior center and social adult day care’s degree of compliance with the provisions of the New York city health code, the state sanitary code and other applicable laws that require such establishments to operate in a sanitary manner so as to protect public health.
4. Beginning May 1, 2019, and by May 1 annually thereafter, the department shall submit a report to the mayor and the speaker of the city council regarding the department’s activities with respect to inspections of social adult day cares and senior centers that qualify as food service establishments. The report shall include the total number and the name of each social adult day care and senior center that qualify as a food service establishment, disaggregated by council district; the total number of such social adult day cares and senior centers inspected in the prior calendar year and information summarizing the results of such inspections, including but not limited to the number of violations cited, if any, and any required corrective action. The report shall also include the 10 most frequently cited violations during the prior calendar year for such social adult day cares and senior centers.

§ 17-1507 Required healthy eating information.

1. Every food service establishment that sells food for consumption on its premises shall display public information messaging created by the department pursuant to subdivision b of this section in a conspicuous location within such establishment.
2. The department shall create public information messaging on healthy eating for all consumers, including, but not specific to, individuals with diet-related conditions such as diabetes, heart disease and hypertension. Such messaging shall include, but not be specific to, the risks of excessive sugar and carbohydrate intake. The department shall make such messaging available to food service establishments in each of the designated citywide languages as defined in section 23-1101.
3. Any person who violates subdivision a of this section, or any rules promulgated pursuant to this section, shall be liable for a civil penalty of not more than $500, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings.

(L.L. 2019/138, 7/27/2019, eff. 7/27/2020*)

• Editor’s note: Pursuant to § 3 of L.L. 2019/138, subdivision c of this section is effective July 27, 2021.

Chapter 16: Animal Abuse Registration Act

§ 17-1601 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

1. “Animal abuse crime” shall mean any of the following:

   1. animal fighting, as defined in section three hundred fifty-one of the agriculture and markets law;

   2. overdriving, torturing or injuring animals; failure to provide proper sustenance, as defined in section three hundred fifty-three of the agriculture and markets law;

   3. aggravated cruelty to animals, as defined in section three hundred fifty-three-a of the agriculture and markets law;

   4. electrocution of fur-bearing animals, as defined in section three hundred fifty-three-c of the agriculture and markets law;

   5. abandonment of animals, as defined in section three hundred fifty-five of the agriculture and markets law;

   6. failure to provide proper food and drink to an impounded animal, as defined in section three hundred fifty-six of the agriculture and markets law;

   7. poisoning or attempting to poison animals, as defined in section three hundred sixty of the agriculture and markets law;

   8. interference with or injury to certain domestic animals, as defined in section three hundred sixty-one of the agriculture and markets law;

   9. harming a service animal in the first degree, as defined in section 242.15 of the penal code; or

   10. an offense in any other jurisdiction which includes all of the essential elements of any such crime provided for in paragraph one, two, three, four, five, six, seven, eight, or nine of this subdivision.

2. “Animal shelter” shall mean any full service shelter, as defined in subdivision d of section 17-802 of this code, or other facility that makes dogs and cats available for adoption whether or not a fee for such adoption is charged.
3. “Animal rescue group” has the same meaning as such term is defined in section 17-802 of chapter eight of this title.
4. “Authorized entity” shall mean any of the following: a humane society duly incorporated in the state of New York, a society for the prevention of cruelty to animals duly incorporated in the state of New York, a dog or cat protective associations duly incorporated in the state of New York, an animal control officer, a pet shop, a veterinarian, an animal rescue, or an animal shelter operating in the city of New York.
5. “Commissioner” shall mean the commissioner of the agency designated to implement the provisions of this chapter pursuant to subdivision a of section 17-1602 of this chapter.
6. “Convicted of” shall mean an adjudication of guilt by any court of competent jurisdiction, whether upon a verdict or plea of guilty or nolo contendere.
7. “Department” shall mean the agency designated to implement the provisions of this chapter pursuant to subdivision a of section 17-1602 of this chapter, notwithstanding any inconsistent provisions of this title.
8. “Registrant” shall mean a person required to register with the department pursuant to this chapter.
9. “Pet shop” shall have the same meaning as such term is defined in section 17-371 of this title.

§ 17-1602 Creation of animal abuse registry.

1. The mayor or his designee shall designate an agency to implement the provisions of this chapter and shall report such designation to the speaker of the council.
2. The department shall create, manage and maintain an electronic registry of individuals living in the city of New York who have been convicted of an animal abuse crime and who have registered with the department pursuant to this chapter.
3. The information maintained in the registry created pursuant to this section shall only be made available to law enforcement agencies, district attorneys or when otherwise required by law, and shall otherwise be kept confidential, provided, however, that the department shall grant authorized entities the password-protected ability to electronically query the registry using a person’s name, driver’s license or non-driver photo ID card number, or other identifying information determined by the commissioner, and to receive in response to such query electronic notice of whether such person is prohibited from owning an animal under section 17-1604 of this chapter.

§ 17-1603 Animal abuse registration requirements.

1. Any person eighteen years of age or older who resides in the city of New York and has been convicted of an animal abuse crime on or after the effective date of the local law that added this chapter shall personally appear before the department at a location determined by the commissioner to register, provided, however, no person shall be required to appear before the department to register pending resolution of an appeal of such conviction.

   1. Such person shall appear and register within five days following such person’s release from incarceration or if such person was not incarcerated within five days from the date of such person’s sentencing.

   2. Notwithstanding the foregoing, a person convicted of an animal abuse crime on or after the effective date of the local law that added this chapter who establishes residency in the city of New York following such person’s release from incarceration or if such person was not incarcerated following such person’s sentencing, must, within five days of establishing such residency, personally appear before the department at a location determined by the commissioner to register.

2. The department shall photograph the registrant at the time of registration.
3. Any person required to register pursuant to this chapter shall submit to the department the following:

   1. The registrant’s name, all aliases used, date of birth, sex, complexion, race or ethnicity, height, weight, eye color, number of any driver’s license or non-driver photo ID card, home address and/or expected place of residence.

   2. A description of the offense for which the registrant was convicted, the date of conviction and the sentence imposed.

   3. Any other documentation as the commissioner deems acceptable to verify the information provided by the registrant.

4. Within twenty days of each one year anniversary of the registrant’s initial registration date for so long as such registrant remains on the animal abuse registry pursuant to subdivision f of this section, such registrant shall personally appear at a location designated by the commissioner. At such appearance the department shall photograph the registrant and verify the continuing accuracy of the information provided by the registrant pursuant to subdivision c of this section.
5. Within five days of any change in any of the information provided by a registrant pursuant to subdivision c of this section, such registrant shall personally appear before the department to submit updated information for the registry.
6. Each registrant shall remain on the animal abuse registry for five years following his or her release from incarceration or the date sentencing was rendered, whichever is later, provided, however, that registrants who are convicted of any subsequent animal abuse crime shall remain on the animal abuse registry for ten years following the date of their most recent conviction.

§ 17-1604 Prohibition on contact with animals.

1. A person who is registered or required to register pursuant to section 17-1603 shall not own, possess, reside with, have custody of, or intentionally engage in any physical contact with any animal.

§ 17-1605 Prohibition of transfers of animals to animal abusers.

1. Prior to the exchange or transfer of ownership of any animal in the care of an authorized entity operating in the city of New York, an employee or volunteer of such entity shall consult the animal abuse registry to determine whether the person seeking ownership of such animal is listed on the animal abuse registry.
2. No entity required to consult the animal abuse registry shall exchange or transfer the ownership of any animal to any person listed on the animal abuse registry.
3. A pet shop that allows an animal shelter or animal rescue group to use such pet shop’s premises for the purpose of making animals available for adoption shall be exempt from the requirements of subdivisions a and b of this section with respect to such animals, provided such pet shop does not have an ownership interest in any of the animals that are made available for adoption.

§ 17-1606 Rules.

The commissioner may promulgate rules necessary for the implementation of this chapter.

§ 17-1607 Penalties.

1. Any person found in violation of section 17-1603 or 17-1604 or any rules promulgated thereunder shall be guilty of a misdemeanor punishable by incarceration for not more than one year or a fine of up to one thousand dollars, or both.

§ 17-1608 Applicability.

This law shall apply to all persons convicted of an animal abuse crime on or after the effective date of this law.

Chapter 17: Pet Shops

§ 17-1701 Definitions.

For the purposes of this chapter, the following terms have the following meanings:

1. “Animal abuse crime” has the same meaning as set forth in section 17-1601 of this title.
2. “Animal shelter” has the same meaning as such term is defined in section 17-802 of chapter eight of this title.
3. “Animal rescue group” has the same meaning as such term is defined in section 17-802 of chapter eight of this title.
4. “Class A license” means a a class A license issued by the United States department of agriculture pursuant to the animal welfare act, 7 U.S.C. § 2131, et seq., or successor provision of law, and regulations promulgated thereunder.
5. “Class B dealer” means a person required to hold a class B license issued by the United States department of agriculture pursuant to the animal welfare act, 7 U.S.C. § 2131, et seq., or successor provision of law, and regulations promulgated thereunder.
6. “Convicted” means an adjudication of guilt by any court or administrative tribunal of competent jurisdiction, whether upon a verdict, a plea of guilty or an order of adjudication withheld by reason of a plea of nolo contendere. For the purposes of this chapter, “convicted” shall also mean a plea of guilty on a charge of any crime in satisfaction of an accusatory instrument charging a defendant with an animal abuse crime where dismissal of such charge was not on the merits.
7. “Dealer” means a person required to have a license issued by the United States department of agriculture pursuant to the animal welfare act, 7 U.S.C. § 2131, et seq., or successor provision of law.
8. “Federal identification number” means a license or registration number issued by the United States department of agriculture pursuant to the animal welfare act, 7 U.S.C. § 2131, et seq., or successor provision of law, and regulations promulgated thereunder.
9. “Finally determined” means a determination of a federal, state or local government agency, where all rights to challenge such determination at available administrative tribunals and courts of law have been exhausted, or the time period within which such challenge may be filed has expired.
10. “Person” means any individual, corporation, partnership, association, municipality, or other legal entity.
11. “Pet shop” has the same meaning as such term is defined in section 17-371 of subchapter nine of this title.

§ 17-1702 Sales.

1. Any pet shop that displays, offers for sale, delivers, barters, auctions, gives away, transfers or sells any dog or cat shall obtain such dog or cat from a source that, as of the date such pet shop receives such animal:

   1. holds a valid and active class A license that has not been suspended at any time during the prior five years, as such information is available from the United States department of agriculture; and

   2. has not received any of the following in connection with such license, as such information is available from the United States department of agriculture:

      (a) a finally determined “direct” non-compliant item citation pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder, as indicated on any United States department of agriculture inspection report at any time during the prior three years; or

      (b) a finally determined citation for failure to provide inspectors access to property or records as required pursuant to 9 C.F.R. § 2.126, or successor regulations, as indicated on either of the two most recent United States department of agriculture inspection reports; or

      (c) three or more distinct finally determined non-compliant item citations pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder, other than citations for failure to provide inspectors access to property or records as required pursuant to 9 C.F.R. § 2.126, or successor regulations, as indicated on the most recent United States department of agriculture inspection report; or

      (d) one or more finally determined repeat non-compliant item citations pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder, as indicated on the most recent United States department of agriculture inspection report; or

      (e) a finally determined order to cease and desist, issued by an administrative law judge, at any time during the prior five years; or

      (f) a finally determined order to pay a civil penalty, issued by an administrative law judge, at any time during the prior five years; and

   3. provides to such pet shop a sworn affidavit attesting that such source has not been convicted of a violation of the minimum standards of animal care provided for in section four hundred one of the agriculture and markets law at any time during the prior five years; and

   4. provides to such pet shop a sworn affidavit attesting that prior to delivering such animal or animals into the custody of such pet shop such source has never been convicted of an animal abuse crime.

2. Notwithstanding subdivision a of this section, it shall be unlawful for any pet shop to display, offer for sale, deliver, barter, auction, give away, transfer or sell any dog or cat knowingly obtained from a class B dealer.
3. It shall be unlawful for any pet shop to display, offer for sale, deliver, barter, auction, give away, transfer or sell any rabbit.
4. A pet shop that allows an animal shelter or animal rescue group to use such pet shop’s premises for the purpose of making animals available for adoption shall not be deemed to be engaged in any conduct otherwise prohibited pursuant to this section with respect to such animals, provided such pet shop does not have an ownership interest in such animals. A pet shop shall not be deemed to be engaged in any conduct otherwise prohibited pursuant to this section with respect to animals it surrenders to a non-profit shelter or animal rescue group, so long as such pet shop does not derive a fee therefor.

§ 17-1703 Required information for the purchaser.

1. Every pet shop shall deliver to the purchaser of a cat or dog, at the time of sale, or to the prospective purchaser of a cat or dog upon request, in a standardized form prescribed by the commissioner, a written statement containing the following information:

   1. The animal’s breed, sex, color, identifying marks, individual identifying tag, tattoo or collar number and, if microchipped, the microchip manufacturer’s registration instructions. If the breed is unknown or mixed, the record shall so indicate. If the animal is being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number, if known;

   2. The breeder’s name, address, and federal identification number;

   3. The date of such animal’s birth and the date the pet shop received such animal. The date of birth may be approximated if not known by the seller if:

      (a) such animal is a cat; or

      (b) such animal is a dog, and such dog is not advertised or sold as a purebred, registered or registrable;

   4. A written statement that the breeder has not received any finally determined “direct” non-compliant item citations pursuant to 7 U.S.C. § 2131, et seq., and regulations promulgated thereunder, as indicated on any United States department of agriculture inspection report in connection with such breeder’s license at any time during the prior three years, as such information is available from the United States department of agriculture at the time of sale;

   5. If the animal is a dog, notification that dogs residing in New York state must be licensed, and that a license may be obtained from the municipality in which the dog resides;

   6. A record, as of the time of sale, of immunizations and worming treatments, if any, administered to the animal while the animal was in the possession of the pet shop, including the dates of administration and the type of vaccines or worming treatments administered;

   7. A record of any known disease, sickness, or congenital condition that adversely affects the health of the animal at the time of sale;

   8. A copy of such animal’s United States interstate and international certificate of health examination for small animals and the breeder’s United States department of agriculture inspection reports for the last three years;

   9. A record of any veterinary treatment or medication received by the animal while in the pet shop’s possession and either of the following:

      (a) A statement, signed by the pet shop at the time of sale, indicating that, to the pet shop’s knowledge: (i) the animal has no disease or illness; and (ii) the animal has no congenital or hereditary condition that adversely affects the health of the animal at the time of sale; or

      (b) A record of any known congenital or hereditary condition, disease, or illness that adversely affects the health of the animal at the time of sale, along with a statement signed by a licensed veterinarian that authorizes the sale of the animal, recommends necessary treatment, if any, and verifies that the condition, disease or illness does not require hospitalization or non-elective surgical procedures, and is not likely to require hospitalization or non-elective surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites unless their presence makes or is likely to make the animal clinically ill. The statement shall be valid for fourteen business days following examination of the animal by the veterinarian; and

   10. A statement of the purchaser’s rights under article thirty-five-D of the New York state general business law in a form prescribed pursuant to rules promulgated by the department.

2. A disclosure made to a purchaser pursuant to subdivision a of this section shall be signed by both the pet shop certifying the accuracy of the statement, and the purchaser acknowledging receipt of the statement.
3. Every pet shop shall post conspicuously, within close proximity to the cages of dogs and cats offered for sale, notices containing the following language in one hundred-point type: “Information on the source of these dogs and cats and the veterinary treatments received by these dogs and cats is available for review by prospective purchasers. United States Department of Agriculture inspection reports are available upon request.”
4. Any pet shop offering a dog or cat for sale, barter, auction, give away or transfer shall, upon request by a prospective purchaser, make available to such prospective purchaser the two most recent United States department of agriculture inspection reports for the breeder of such dog or cat, as such reports were available from the United States department of agriculture at the time such pet shop obtained such animal. At the request of such prospective purchaser, such pet shop shall provide physical copies of such inspection reports, provided however, that such pet shop may require reimbursement for copying expenses pursuant to rules promulgated by the department.

§ 17-1704 Recordkeeping.

1. Each pet shop shall keep and maintain records and documentation for each dog or cat purchased, acquired, held, sold, or otherwise disposed of with respect to the purchase, sale, dealers, transportation, breeding, medical care and condition, identification, and previous ownership of such animal. Each pet shop shall keep and maintain such records and documentation for a period of five years from the date such pet shop acquired each such dog or cat.
2. Such documentation and records shall be made available upon request for inspection and copying by the department or other persons authorized by law to enforce the provisions of this chapter. Consistent with the New York state technology law, the department may promulgate rules for the production, receipt, acceptance, acquisition, recording, filing, transmission, forwarding, and storage of such records and documentation by use of electronic means. Such records and documentation shall include the following information:

   1. Proof of purchase, adoption, or acceptance of such animal evincing the source from which such pet shop obtained such animal;

   2. The breeder’s name, address, and federal identification number;

   3. Such animal’s individual identifying tag, tattoo, or collar number;

   4. The date of the animal’s birth, the date the pet shop received the animal, and the location where the animal was received. If the animal is not advertised or sold as a purebred, registered or registrable, the date of birth may be approximated if not known by the seller;

   5. The animal’s breed, sex, color and identifying marks at the time of sale. If the breed is unknown or mixed, the record shall so indicate;

   6. A copy of any written statement provided to the purchaser pursuant to section 17-1703 of this title; and

   7. The name and address of the person to whom the animal was sold or given for adoption.

   8. Any statement or certification provided to the pet store by the source from which it obtained the animal stating that such animal has been implanted with a microchip for permanent identification.

   9. A copy of any statement or certificate of registration relating to microchip identification provided to the purchaser pursuant to section 17-815 of this title.

   10. A copy of any record a dealer is required to include with the shipment of an animal pursuant to the animal welfare act, 7 U.S.C. § 2131, et seq., or successor provision of law, and the rules promulgated thereunder.

   11. Such other records and documentation as deemed necessary by the commissioner in accordance with rules promulgated by the department.

3. In addition to the documentation and records required under subdivision a of this section, every pet shop shall keep and maintain the following records for transactions involving one or more dogs:

   1. If such a dog is being sold as registered or capable of being registered with an animal pedigree registry organization, the names and registration numbers of the sire and dam, and the litter number, if known;

   2. If the pet shop has released a dog to a purchaser without first submitting a license application, a written statement provided by the purchaser stating that the dog is to be harbored outside the city and such proof as the commissioner may require indicating that such purchaser resides outside the city.

§ 17-1705 Minimum standards of animal care.

1. Each pet shop shall comply with the following minimum standards of care for every dog or cat in such pet shop’s custody or possession:

   1. (a) Animals shall be housed in primary enclosures or cages, which shall be constructed to be structurally sound. Such enclosures shall be maintained in good repair to contain the animal housed inside and protect it from injury. Surfaces shall be impervious to the absorption of fluids and able to withstand thorough and repeated cleaning and disinfecting without deteriorating or retaining odors.

      (b) Primary enclosures or cages housing the animals shall provide sufficient space to allow each animal adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around, and lie down with its limbs outstretched. If the flooring is constructed of metal strands, such strands must be greater than one-eighth inch in diameter (nine gauge wire) coated with a material such as plastic or fiberglass, and constructed to not allow the passage of the animal’s feet through any opening in the floor of the enclosure. Such flooring shall not sag or bend between structural supports.

      (c) Housing facilities shall be adequately ventilated at all times to provide for the health and well-being of the animal. Ventilation shall be provided by natural or mechanical means, such as windows, vents, fans, or air conditioners. Ventilation shall be established to minimize drafts, odors, and moisture condensation.

      (d) The temperature surrounding the animal shall be compatible with the health and well-being of the animal. Temperature shall be regulated by heating and cooling to sufficiently protect each animal from extremes of temperature and humidity and shall not be permitted to fall below sixty degrees Fahrenheit or rise eighty-five degrees Fahrenheit.

      (e) The indoor facilities housing the animals shall be provided with adequate lighting consisting of a diurnal light cycle of either natural or artificial light sufficient to permit routine inspection and cleaning and arranged so that each animal is protected from excessive illumination which poses a health hazard to the animal.

      (f) The indoor and outdoor facilities housing the animals, including the primary enclosure or cage, shall be designed to allow for the efficient elimination of excretions, water, and waste material in order to keep the animal dry and prevent the animal from coming into contact with these substances. If drains are used they shall be constructed in a manner to minimize foul odors and backup of sewage. If a drainage system is used it shall comply with federal, state, and local laws relating to pollution control.

      (g) In the event that a pet shop has a pregnant or nursing dog on its premises, the pet shop shall provide a whelping box for such dog. Each nursing dog shall be provided with an additional amount of floor space, based on her breed and behavioral characteristics in accordance with generally accepted husbandry practices as determined and approved in writing by a licensed veterinarian.

      (h) Pet shops shall designate and provide an isolation area for animals that exhibit symptoms of contagious disease or illness. The location of such designated area must be such as to prevent or reduce the spread of disease to healthy animals.

   2. Housing facilities, including primary enclosures and cages, shall be kept in a clean condition in order to maintain a safe and healthy environment for the animal. Such maintenance shall include removing and destroying any agents injurious to the health of the animal.

      (a) Primary enclosures shall be cleaned on a daily basis.

      (b) Primary enclosures shall be sanitized at least once every two weeks using one of the following methods:

         (i) live steam under pressure; or

         (ii) washing with soap or detergent and water with a temperature of at least one hundred eighty degrees Fahrenheit; or

         (iii) washing all soiled surfaces with appropriate detergent solutions and disinfectant or by using a combination detergent or disinfectant product that accomplishes the same purpose with a thorough cleaning of the surfaces to remove excreta, feces, hair, dirt, debris and food waste so as to remove all organic and mineral buildup and to provide sanitization, followed by a clean water rinse.

      (c) Under no circumstances shall the animal remain inside the primary enclosure or cage while it is being cleaned with sterilizing agents or agents toxic to animals or cleaned in a manner likely to threaten the health and safety of the animal.

      (d) Trash and waste products on the premises shall be properly contained and disposed of so as to minimize the risks of disease, contamination, and vermin.

   3. (a) Animals shall be provided with wholesome and palatable food, free from contamination and having nutritional value sufficient to maintain each animal in good health.

      (b) Animals shall be adequately fed at intervals not to exceed twelve hours or shall be fed at least twice in any twenty-four hour period in quantities appropriate for the animal species and age, unless determined otherwise by and under the direction of a duly licensed veterinarian.

      (c) Sanitary food receptacles shall be provided in sufficient number, size, and location as to enable each animal in the primary enclosure or cage to be supplied with an adequate amount of food.

      (d) Animals shall be provided with constant access to clean, fresh water, supplied in a sanitary manner sufficient for its needs, except when there are instructions from a duly licensed veterinarian to withhold water for medical reasons.

   4. Each animal shall be handled in a humane manner so as not to cause the animal physical injury, harm, or undue stress.

   5. (a) Every pet shop shall designate an attending veterinarian, who shall provide veterinary care to the pet shop’s animals which shall include a written program of veterinary care and regular visits to the pet shop’s premises. Such program of veterinary care shall include:

         (i) The availability of appropriate facilities, personnel, equipment, and services to comply with the provisions of this chapter;

         (ii) The use of methods determined to be appropriate by the attending veterinarian to prevent, control, and respond to diseases and injuries, and the availability of emergency, weekend, and holiday care;

         (iii) Daily observation of all animals to assess their health and well-being; provided, however, that daily observation of animals may be accomplished by someone other than the attending veterinarian who has received the guidance identified in clause (iv) of this paragraph; and provided, further, that a mechanism of direct and frequent communication is required so that timely and accurate information on problems of animal health, behavior, and well-being is conveyed to the attending veterinarian;

         (iv) Adequate guidance to personnel involved in the care and use of animals regarding handling and immobilization; and

         (v) Pre-procedural and post-procedural care in accordance with established veterinary medical and nursing procedures.

      (b) All animals shall be inoculated as required by state or local law. Veterinary care appropriate to the species shall be provided without undue delay when necessary. Each animal shall be observed each day by the pet shop, or by a person working under such pet shop’s supervision.

      (c) Within five business days of receipt, but prior to sale of any dog or cat, the pet shop shall have a duly licensed veterinarian conduct an examination and tests appropriate to the age and breed to determine if the animal has any medical conditions apparent at the time of the examination that adversely affect the health of the animal. For animals eighteen months of age or older, such examination shall include a diagnosis of any congenital conditions that adversely affect the health of the animal. Any animal diagnosed with a contagious disease shall be treated and caged separately from healthy animals in the isolation area required pursuant to subparagraph (h) of paragraph one of subdivision a of section 17-1705 of this chapter.

      (d) If an animal suffers from a congenital or hereditary condition, disease, or illness which, in the professional opinion of the pet shop’s veterinarian, requires euthanasia, the veterinarian shall humanely euthanize such animal without undue delay.

      (e) In the event an animal is returned to a pet shop due to a congenital or hereditary condition, illness, or disease requiring veterinary care, the pet shop shall, without undue delay, provide the animal with proper veterinary care.

   6. No pet shop shall euthanize an animal except by humane euthanasia performed by a veterinarian duly licensed in the state of New York in accordance with section three hundred seventy four of the agriculture and markets law who has diagnosed such animal as requiring euthanasia due to a serious illness or injury.

   7. Every pet shop shall develop, maintain, document, and implement an appropriate written plan to provide dogs with the opportunity for daily exercise. In developing such plan, consideration shall be given to providing positive physical contact with humans that encourages exercise through play or other similar activities. Such written plan shall be approved by the attending veterinarian, and must be made available to the department upon request.

§ 17-1706 Exemptions for shelter and rescue partners.

A pet shop that allows an animal shelter or animal rescue group to use such pet shop’s premises for the purpose of making animals available for adoption shall be exempt from the provisions of this chapter with respect to such animals, provided such pet shop does not have an ownership interest in such animals.

§ 17-1707 Violations and fines.

Any person found in violation of any provision of this chapter or any provision of any rule promulgated thereunder shall be subject to a civil penalty of five hundred dollars per day for each such violation. Each violation in connection with the sale of more than one animal shall be deemed a separate violation with respect to each animal offered for sale. A notice of violation served pursuant to this section shall be returnable at the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner.

§ 17-1708 Forfeiture and seizure.

1. The commissioner or his or her designee may seize any animal offered for sale in a pet shop where the sale of such animal is prohibited by section 17-1702 of this chapter.
2. Any animal offered for sale in violation of section 17-1702 of this chapter or seized pursuant to subdivision a of this section shall be subject to forfeiture upon notice and hearing.
3. The commissioner shall provide for the appropriate disposition of each animal seized pursuant to this section. Such disposition may include impoundment at an animal shelter or animal rescue group.
4. The commissioner may impose upon the owner of a pet shop from which an animal is seized pursuant to this section a fee representing expenses incurred in connection with the cost of impounding such animal.

§ 17-1709 Rules.

The commissioner may promulgate such rules as are necessary to carry out the provisions of this chapter and to ensure the health and safety of any animal in a pet shop.

Chapter 18: Police and Correctional Healthcare Evaluation and Sharing

§ 17-1801 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

Arrestee. The term “arrestee” has the same meaning as set forth in subdivision a of section 14-163.

Health care provider. The term “health care provider” means any person licensed or certified under federal or New York state law to provide medical services, including but not limited to doctors, nurses and emergency personnel.

Health evaluation. The term “health evaluation” means any evaluation of an inmate’s health and mental health upon their admission to the custody of the department of correction pursuant to minimum standards of inmate care established by the board of correction.

Inmate. The term “inmate” means any person in the custody of the New York city department of correction.

Screened. The term “screened” means evaluated by a health care provider.

§ 17-1802 Arrestee health screening.

Every arrestee held at the central booking area of a local criminal court prior to their arraignment at such court shall be screened for medical or mental health conditions that may require immediate attention. The department or its designee shall oversee such screening.

§ 17-1803 Inmate health information from screening.

The department or its designee shall establish procedures to make available reports received from the New York city police department pursuant to section 14-163 to any health care provider in a department of correction facility conducting a health evaluation, at such time as a health evaluation is conducted.

§ 17-1804 Inmate health information exchange.

The department or its designee shall establish procedures to obtain the pre-arraignment screening record created pursuant to section 17-1802 and any medical records created and maintained by any hospital in connection with treatment provided to an arrestee who subsequently enters the custody of the department of correction, at the request of any health care provider conducting a health evaluation of such inmate.

§ 17-1805 Communication from correctional health services.

1. Short title. This section shall be known as and may be cited as “The Get Well and Get Out Act”.

b.Information sharing with attorneys of individuals diagnosed with serious mental illness in the custody of the department of correction. For each incarcerated individual who is not sentenced and who is diagnosed with a serious mental illness, correctional health services shall seek voluntary consent from such individual to share medical information with the attorney of record of such individual within 48 hours of their diagnosis, and provide such information created or obtained pursuant to sections 17-1802 and 17-1804 to the attorney of record for any such individual within five calendar days of obtaining consent from the individual. Correctional health services shall make a good faith effort to ascertain such individual’s attorney of record, including but not limited to consulting the website maintained by the New York state unified court system, speaking with the individual, contacting the clerk of the court, or any other reasonable means necessary to identify such individual’s attorney.

3. Confidential medical condition letter. Within five business days prior to any court date indicated by the New York city department of correction’s inmate information system, correctional health services shall provide a confidential medical condition letter to the attorney of record for any incarcerated individual to whom subdivision a of this section applies, as permitted by law. Such letter shall include the following information for each such individual:

   1. The psychiatric diagnosis.

   2. The type of mental health treatment available in the housing area in which the individual is being housed, including the level of additional support offered in the housing area that facilitates the treatment of the individual’s psychiatric condition.

   3. The prescribed psychiatric medication regimen.

   4. Their record of adherence to such medication regimen, including any factors that may have contributed to their record of adherence.

   5. A detailed description of their current condition, including but not limited to any reduction in symptoms and any indication that the individual’s condition has improved or diagnosis changed.

   6. Any relevant documentation related to referrals made by correctional health services for the purpose of discharge planning, if available.

4. Notwithstanding the requirements of subdivision c, correctional health services shall not be required to issue a new confidential medical condition letter for a scheduled court appearance within one week of a prior scheduled court appearance.

Chapter 19: Force-fed Products

§ 17-1901 Definitions.

For the purposes of this chapter, the following terms have the following meanings:

Food service establishment. The term “food service establishment” means a place where food is provided for individual portion service directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle.

Force-fed product. The term “force-fed product” means any product that is the result of force-feeding a bird, including but not limited to a duck or a goose, with the intent to fatten or enlarge the bird’s liver.

Force-feeding. The term “force-feeding” means the practice of forcing, by any means, food or supplements into the throat, esophagus, crop or stomach of an animal.

Retail food establishment. The term “retail food establishment” means a supermarket, grocery store, specialty food store or farmer’s market.

§ 17-1902 Prohibited conduct.

No retail food establishment or food service establishment, or agent thereof, shall store, keep, maintain, offer for sale, or sell any force-fed product or food containing a force-fed product. For purposes of this chapter, it shall be a rebuttable presumption that an item in a retail food establishment or food service establishment having the label “foie gras” or listed on a menu as “foie gras” is a force-fed product. A party seeking to rebut such presumption shall provide documentary evidence proving that the product they are storing, keeping, maintaining, offering for sale, or selling is not a force-fed product as defined in this chapter.

§ 17-1903 Enforcement.

1. Any person who is found to violate any provision of this chapter shall be subject to a civil penalty of not less than $500 and not more than $2,000 for each violation. Each such violation may be treated as a separate and distinct offense, and in the case of a continuing violation, each day’s continuance thereof may be treated as a separate and distinct offense.
2. The department shall commence a proceeding to recover a civil penalty in connection with a food service establishment by service of notice of violation returnable at the office of administrative trials and hearings or within any agency of the city designated to conduct such proceedings. The department of consumer affairs shall commence a proceeding to recover a civil penalty in connection with a retail food establishment by service of a notice of violation returnable at the office of administrative trials and hearings or within any agency of the city designated to conduct such proceedings.