Rules of the City of New York Register, 2015-13, f-dohmh-03-19-15_b_art._11_and_161

• Jurisdiction: New York
• Library: New York City Register
• Year: 2015

Department of Health and Mental Hygiene

Board of Health

Notice of Adoption (#1)

of Amendments to Articles 11 and 161

of the New York City Health Code

In compliance with §1043(b) of the New York City Charter (the “Charter”) and pursuant to the

authority granted to the Board of Health by §558 of said Charter, a notice of intention to amend Article s

11 and 161 of the New York City Health Code (the “Health Code”) was published in the City Record on

December 12, 2014 and a public hearing was held on January 21, 2015. Three people testified and seven

written comments were received, including two from people who testified. Changes made to the

resolution in response to comments are discussed below. At its meeting on March 10, 2015 the Board of

Health adopted the following resolution.

Statement of Basis and Purpose

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 rule-making authority.

Background

The Department’s Bureau of Veterinary and Pest Control Services, which enforces Article 161

pertaining to the control of animals in the City, has requested that the Board amend various provisions of

Article 161 and Article 11 of the Health Code related to animal control.

Amendments to Health Code §161.01(a)—circuses and other animal exhibitions

Health Code §161.01 prohibits the possession of wild and other animals that present hazards to

human health and safety. Subdivision (a) allows for certain exceptions and requires permits for

temporary exhibitions, displays and other uses of prohibited animals. Circuses and wildlife rehabilitators

are currently exempt from this section’s permit requirements, and while many voluntarily obtain permits

from the Department, they are not obligated to do so.

Recently, the Department identified some circuses and a wildlife rehabilitator who intended to

exhibit or use animals to entertain the public in settings that were not safe. In one instance, circus animals

had not been tested to rule out infection with a disease that could be transferred to humans. In other

instances, circus animals were kept in enclosures that either did not adequately protect the public or were

too small. Although circuses are required to comply with the federal Animal Welfare Act, 7 U.S.C. 2131

et seq., administered by the U.S. Department of Agriculture, this law only imposes limited animal care,

animal health and public safety requirements. In yet another instance, a wildlife rehabilitator proposed to

present adult performing bears on a theatre stage without barriers to protect the audience from the