§ 32-02 Permittee Policies and Procedures; Required Control Measures.
RCNY § 32-02
(a)Permittee's discretion. A permittee may choose to allow dogs that are not service dogs to accompany their owners in the outdoor dining areas of the permittee's establishment, in accordance with § 1352-e of the New York State Public Health Law and this Chapter. A permittee is not obligated to allow dogs, other than service dogs, to be in outdoor dining areas of an establishment and nothing in these rules shall give a dog owner the right to bring a dog into any establishment where dogs are prohibited by the owner or this Chapter.
(b)Required control measures. Permittees who choose to allow dogs other than service dogs to be with their owners in outdoor dining areas must comply with this Chapter, and may impose any restrictions or additional control measures that they deem necessary for controlling dogs in their outdoor dining areas.
(1)Removal of dogs. The permittee must request that a dog owner remove from the establishment any dog that menaces, threatens or bites any person or other dog. The permittee shall not serve a dog owner who refuses to comply with a request to remove such a dog.
(2)Injury reports. A permittee must report to the Department any bite or other injury to a person caused by a dog within 24 hours of the injury. The report must be submitted to "311" by telephone or electronically. The report must include the name, address and phone number of the dog's owner, the dog's license number, and the name, address and phone number of the person bitten. Permittees must call "911" immediately following an injury to a person when the owner of a dog that bites or causes other injury refuses to provide the owner's contact information.
(3)Access limited to outdoor dining areas. Dogs other than service dogs are not allowed in any area of a food service establishment that is not an outdoor dining area as defined in 24 RCNY § 32-01.
(4)Aisle space. Dogs may not obstruct the 36-inch aisle space between tables in unenclosed sidewalk cafes, as required by 6 RCNY § 2-55(a), or successor provision. (Added City Record 3/23/2016, eff. 4/23/2016)
