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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 15, 2019
Proposed Rules Content: 
 
 

Statement of Basis and Purpose

 

In 2018, Chapter 7 of Title 24 of the Rules of the City of New York (“RCNY”) was repealed and re-promulgated to, among other things, provide a list of monetary penalties associated with violations of the New York City Health Code and other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

This proposed rule change would amend the Chapter 7 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 a 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 proposes to amend the penalty for both an initial and default violation to match the $250 penalty provided in PHL § 1310.

 Statutory Authority

This proposed amendment is authorized by PHL § 1310; New York City 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 space is punishable by a fine not exceeding $250.
      • Section 555(b)(2) of the Charter authorizes the Commissioner of Health and Mental Hygiene to assess penalties for health-related regulations.
      • Section 556 of the Charter authorizes the Department to regulate all matters affecting health in the City of New York. 
      • Section 558 of the Charter authorizes the Board of Health to set civil penalties for the enforcement of the Health Code.
      • Section 1043 of the Charter gives the Department rulemaking powers.
      • Section 3.11 of the Health Code provides the penalty range for violations of the Health Code or applicable law or regulation.

 

 
 
Subject: 

Proposal to amend Chapter 7 of Title 24 of the Rules of the City of New York to change the fine for failure to remove canine waste from a public area.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 20th floor, Room 20-29
Queens, NY 11101
Contact: 

Svetlana Burdeynik at 347-396-6078 or ResolutionComments@health.nyc.gov

Download Copy of Proposed Rule (.pdf):