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Adopted Rules: Closed to Comments

Adopted Rules Content: 
 

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. 

 

 

Effective Date: 
Fri, 10/21/2016

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Tuesday, July 26, 2016
Proposed Rules Content: 
 

Statement of Basis and Purpose

 

             The Department’s Bureau of Veterinary and Pest Control Services enforces Health Code Article 161 pertaining to the control of animals in the City.  Section 161.03(a) of Article 161 currently requires 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.”

             A question arose recently as to whether the provision applies to sidewalks and lawns in large residential communities in the City that are open to and used by the public as well as the residents of the local community. The Department is asking the Board to clarify that this provision applies to any area used in common, outdoor or indoor and regardless of whether it is publicly or privately owned.  

Statutory Authority

             These amendments to the New York City Health Code (the Health Code) are authorized by sections 558 and 1043 of the New York City Charter (the Charter).  Sections 558(b) and (c) of the Charter empower the Board of Health (the Board) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (the Department) extends. Section 1043 grants the Department rulemaking authority. 

 

 

Subject: 

Proposed resolution to amend Article 161 (Animals) to clarify applicability of section 161.03 of the New York City Health Code.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-43
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf):