The Fine for Failure to Remove Canine Waste from a Public Area (Chapter 7 of Title 24 of the RCNY)

Adopted Rules: Closed to Comments

Effective Date: 
Monday, November 18, 2019
Agency:
Download Copy of Adopted Rule (.pdf): 
 

Statement of Basis and Purpose

In 2018, Chapter 7 of 24 RCNY was repealed and restated to, among other things, provide a list of monetary penalties associated with violations of the New York City Health Code (“Health Code”) and other applicable law or regulations enforced by the Department.

This rule change amends the penalty associated with failure to remove canine waste by aligning it with the maximum penalty prescribed in state law.  With certain exceptions, New York State Public Health Law §1310 (“PHL §1310”) requires the dog owner or person having possession, control or custody of a dog to remove any feces left by such dog from any public area.  PHL § 1310 provides that a violation of that duty is punishable by a fine of not more than $250.  Currently, Appendix 7-A of Chapter 7 of 24 RCNY sets the initial penalty for failure to remove canine waste at $100 with a default penalty of $200. The Department now amends the penalty for both an initial and default violation to match the $250 penalty provided in PHL §1310.

 

Statutory Authority

This rule amendment is authorized by PHL § 1310; Charter §§ 555(b)(2), 556, 558(b) and (e) and 1043 and § 3.11 of the Health Code.

  • PHL § 1310 provides that a failure to remove canine waste from a public area is punishable by a fine not exceeding $250.
  • Charter § 555(b)(2) authorizes the Commissioner of Health and Mental Hygiene to assess penalties for health-related regulations.
  • Charter § 556 authorizes the Department to regulate all matters affecting health in the City of New York. 
  • Charter § 558 authorizes the Board of Health to set civil penalties for the enforcement of the Health Code.
  • Charter § 1043 gives the Department rulemaking powers.
  • Health Code § 3.11 provides the penalty range for violations of the Health Code or other applicable law or regulation enforced by the Department.