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Adopted Rules: Closed to Comments

Adopted Rules Content: 
 

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In 2018, Chapter 7 of 24 RCNY was repealed and restated to, among other things, provide a list of monetary penalties associated with violations of the New York City Health Code (“Health Code”) and other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.
 
 
Effective Date: 
Mon, 11/18/2019

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In 2018, Chapter 7 of Title 24 of the Rules of the City of New York (“RCNY”) was repealed and re-promulgated to, among other things, provide a list of monetary penalties associated with violations of the New York City Health Code and other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