NYC ADMINISTRATIVE CODE
TITLE 19 –
CHAPTER 1 – STREETS AND SIDEWALKS
SUBCHAPTER 2 – PARKING AND OTHER USES OF STREETS
§ 19-174 Passengers
boarding horse drawn cabs. a. The
commissioner shall designate by rule specific locations on the streets,
avenues and roadways which shall be the sole locations where passengers may
board horse drawn cabs if such passengers have not prearranged such horse
drawn cab rides in accordance with the provisions of subdivision b of this
section and any rules promulgated pursuant thereto.
b. (1) Horse drawn cabs
may accept passengers on a prearranged basis in areas and at times that
are not restricted pursuant to section 20-381.1 of the code. Such prearranged
rides shall commence in front of hotels and restaurants that have obtained
the approval of the owner of the premises at which such hotel or restaurant is
located. (2) This subdivision shall not be construed to permit the operation,
parking, stopping or standing of any horse drawn cab in any area at any time
where or when such operation, parking, stopping or standing is prohibited
by any other law or rule. c. The department shall annually review existing
locations of horse drawn cab stands and any proposals by the department and
any written proposals by others to establish or eliminate horse drawn cab
stands and shall report the results of such review to the mayor and the
council. This report shall include a list of those locations proposed to be
added or eliminated, those considered by the department, the reasons why any
proposal was not considered and the reasons why the department did or did
not establish or eliminate a horse drawn cab stand at each proposed location
that was considered. Such report shall be submitted to the mayor and the
council within sixty days after the close of the fiscal year.
§ 19-175 Variance
for special events. a.
Notwithstanding the provisions of section 20-381.1 of the code, the owner or
operator of a horse drawn cab may apply for a variance from the provisions
of section 20-381.1 for the limited purpose of carrying out a contract to
provide a horse drawn cab for the filming of a movie, television show
or commercial, or for a wedding, parade, or other special event as shall be
defined by the commissioner by rule. The commissioner shall grant such
variance when he or she determines that the issuance of such variance would
not have an adverse effect on vehicular or pedestrian congestion, commencement
of theatrical productions or public safety.
b. A variance application
shall be in such form as prescribed by the commissioner and shall be
submitted to the commissioner no fewer than three business days prior to the
date of the event for which the variance is requested.
c. The commissioner
may require the payment of an application processing fee in an amount to
be established by rule.
d. The commissioner shall
issue a document specifying the variance. Whenever a horse drawn cab is
being operated in accordance with a duly issued variance, such variance shall
be carried by the driver of such horse drawn cab and shall be produced
upon the demand of any police, traffic, parks or other enforcement officer
authorized to enforce section 20-381.1 of the code.
e. Use of a variance by
any person other than the person to whom it was issued, or for any purpose
other than the purpose for which it was issued, shall subject the person
using such variance to a civil penalty of not less than five hundred dollars.