Animals - To Clarify Applicability of Section 161.03 of the NYC Health Code

Adopted Rules: Closed to Comments

Effective Date: 
Friday, October 21, 2016
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose

 Amendment of Article 161 relating to animal nuisances

The Department’s Bureau of Veterinary and Pest Control Services enforces Health Code Article 161 concerning the control of animals in the City.  Section 161.03(a) of Article 161 previously required that pet owners control their pets so that they do not “commit a nuisance on a sidewalk of any public place, on a floor, wall, stairway or roof of any public or private premises used in common by the public, or on a fence, wall or stairway of a building abutting on a public place.”

The Board now clarifies that this provision applies to any area used in common by the public, regardless of whether it is publicly or privately owned.   

 Statutory Authority

These amendments to Article 161of the New York City Health Code are authorized by sections 556, 558 and 1043 of the New York City Charter.  Section 556(c)(2) authorizes the Department to exercise control over and supervise the abatement of nuisances affecting or likely to affect the public health.  Sections 558(b) and (c) of the Charter empower the Board of Health to amend the Health Code and to include in the Health Code all matters to which the Department’s authority extends. Section 1043 grants the Department rulemaking authority.