For the purpose of this article only, the following words and
terms shall be deemed to mean and to be construed as follows:
CIRCUS
A class C licensee that is licensed under the Animal Welfare
Act (7 U.S.C. § 2131 et seq.), and its subsequent amendments,
regulations and standards adopted pursuant to the Act, that offers
performances by live animals, clowns, and/or acrobats.
PERSON
An individual, partnership, corporation, joint venture, association,
trust, estate, or any legal entity, and any officer, member, shareholder,
director, employee, agent, or representative thereof.
TRAVELING SHOW
Any mobile or stationary act, circus, public show, trade
show, photographic opportunity, carnival, city or country fair, agricultural
fair, ride, parade, race, performance or similar undertaking incorporating
wild or exotic animals wherein the animals are taken from their permanent
residence and required to travel for any distance.
WILDLIFE SANCTUARY
A 501(c)(3) organization described in Section 170(b)(1)(A)(vi),
Internal Revenue Code 1986, and its subsequent amendments, where:
(1)
No commercial trade in animals occurs, including, but not limited
to, sale of animals, animal parts, by-products, offspring, photographic
opportunities or public events for financial profit, or any other
entertainment purposes;
(2)
No propagation of animals occurs in the facility; and
(3)
No unescorted public visitation is allowed; no direct contact
between the public and wild animals is allowed; animals are not taken
from the sanctuary or enclosures for exhibition.
WILD OR EXOTIC ANIMAL
All species of any or all of the following orders and families,
whether born in the wild or in captivity, as well as any or all of
their hybrids and 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)
Nonhuman primates and prosimians (chimpanzees, baboons, and
monkeys).
(2)
Felidae (lions, tigers, cougars, leopards, ocelots and servals),
except domestic cats.
(3)
Canidae (wolves and coyotes), except domestic dogs.
(5)
Marssupialia (kangaroos).
(7)
Crocodilia (crocodiles and alligators).
(8)
Artiodactyla (hippopotamuses, giraffes and camels), except domestic
cattle, swine, sheep or goats.
(9)
Perissodactyla (zebras, rhinos and tapirs), except domestic
horses, donkeys or mules.
(10)
Struthioniformes (ostriches).
It shall be unlawful for any person, company or organization
to conduct, sponsor, or operate a traveling show or circus that includes
wild or exotic animals on any public or private land within the City
of Milford without presentation to the Planning and Zoning Office
of a current and valid USDA APHIS (Animal and Plant Health Inspection
Service) license thereby certifying compliance with the Animal Welfare
Act (AWA), no sooner than 30 days prior to exhibition. Such license
must be in the name of the actual applicant requesting all other zoning
and health inspection permits from the City. The provisions of this
section shall not apply to nonprofit aquaria or zoos, accredited by
the Association of Zoos and Aquariums (AZA), bringing animals into
schools, libraries or other education institutions for the purpose
of education demonstrations, or to any licensed veterinarian for the
purpose of treatment and care of such animal.
The Milford Animal Control shall have the power and authority
to enforce the provisions of this article and perform all duties imposed
by the provisions of this article.
Any person, firm or corporation violating this article shall
be fined not more than $5,000 per animal per day.