Ordinance No. _______

AN ORDINANCE OF THE CITY OF ___________
PROHIBITING THE DISPLAY OF WILD AND EXOTIC ANIMALS
FOR PUBLIC ENTERTAINMENT OR AMUSEMENT

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF _______________:

SECTION I. Summary

It is the intent of the ____________ City Council to protect the public against hazards that wild and exotic animals used in entertainment pose to society and to protect wild and exotic animals from cruel and inhumane treatment.

SECTION II Definitions

For the purpose of this chapter only, the following words and terms shall be deemed to mean and to be construed as follows:

A. "Display" means to undertake any exhibition, act, circus, ride, trade show, carnival, parade, race, photographic opportunity, performance or similar undertaking in which animals are required to perform tricks, fight, or participate as accompaniments in performances for the amusement or benefit of an audience. "Display" shall not include the use or exhibition of animals for animal-related educational purposes by non-profit groups or institutions or individuals. "Displayed" means to be the subject thereof.

B. "Domestic animal" means any animal that is livestock, a companion animal, or both.

1. "Livestock" means any animal commonly used by persons for use, draft or pleasure purposes. The definition of "livestock" includes but is not limited to:

(a) Poultry
(b) Cattle
(c) Swine
(d) Sheep
(e) Goats
(f) Horses

2. "Companion animal" means any animal that is commonly kept by persons as a pet or for companionship. The definition of "companion animal" includes but is not limited to:

(a) Domesticated dogs
(b) Domesticated cats
(c) Ferrets
(d) Gerbils
(e) Guinea Pigs
(f) Hamsters
(g) Horses
(h) Mice
(i) Rabbits
(j) Rats

C. "Educational purposes" means teaching and instructing with the intent and effect of imparting knowledge to others through oral presentations and written handouts.

D. "Exhibition" means a public showing, presenting to view, a public display, an exposition, or a large fair of extended duration.

E. "Person" means any individual, establishment, firm, association, organization, partnership, trust, corporation or company.

F. "Wild or exotic animal" means any or all of the following orders and families, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified:

1. Non-human primates and prosimians (chimpanzees, monkeys)
2. Felidae (except domesticated cats)
3. Canidae (except domesticated dogs)
4. Ursidae (bears)
5. Proboscidae (elephants)
6. Cetacea (whales, dolphins, porpoises)
7. Crocodilia (alligators, crocodiles)
8. Marsupialia (kangaroos, opossums)
9. Reptilia over 8 ft in length and snakes and reptiles of venomous variety
10. Perissodactyla (rhinoceroses, tapirs, not horses or donkeys or mules)
11. Artiodactyla (hippopotamuses, giraffes, camels, not cattle or swine or sheep or goats)
12. Hyaenidae
13. Mustelidae (skunks, weasels, otters, badgers)
14. Procyonidae (raccoons, coatis)
15. Edentata (anteaters, sloths, armadillos)
16. Viverridae (mongooses, civets, and genets)
17. Pinnipedia (seals, sea lions, walruses)
18. Struthioniformes (ostriches)
19. Casuariiformes (emus)

SECTION III Display of Wild or Exotic Animals Prohibited

It shall be unlawful for any person to display or sponsor a display of wild or exotic animals on any public or private land within the City of ____________.

SECTION IV Enforcement

Police officers and the City's Animal Control Officers shall have the power and authority to enforce the provisions of this chapter and perform all duties imposed by the provisions of this chapter.

SECTION V Penalty

Any person who displays or sponsors a display of wild or exotic animals shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars, or by imprisonment in the city or county jail for a period not exceeding six months, or by both such fine and imprisonment. [This section should be made consistent with city law.]

SECTION VI. Exceptions

The following are exempt from the provisions of this chapter:

A. Institutions accredited by the American Zoo and Aquarium Association,
B. Veterinarians, in the ordinary course of a veterinarian's practice of business,
C. Institutions accredited by The Association of Sanctuaries and the American Sanctuary Association.

[Each city should determine what other entities should be exempt.]

For further information or assistance with drafting and introducing legislation on the display of wild or exotic animals for public entertainment or amusement please contact Nicole Paquette at the Animal Protection Institute.