The purpose of this part is to protect wild and exotic animals
from cruel and inhumane treatment and to protect the public from the
danger posed by the use of wild and exotic animals for entertainment.
As used in this Part 6, the following terms shall have the meanings
indicated:
CAUSE A PERFORMANCE
To be responsible for the management of a performance, to
financially benefit as an owner or operator from a performance, or
to sponsor a performance.
COMPANION ANIMAL
Any type of animal that is commonly kept by persons as a
pet or for companionship and includes but is not limited to domesticated
dogs, domesticated cats, ferrets, gerbils, guinea pigs, hamsters,
horses, mice, rabbits and rats.
LIVESTOCK
Poultry, cattle, swine, sheep, goats, horses, donkeys and
mules.
PERFORMANCE
Any public showing, presentation, display, exposition, fair,
act, circus, ride, trade show, petting zoo, carnival, parade, race,
photographic opportunity, exhibition or similar undertaking in which
animals are required to perform tricks, fight or participate as accompaniments
for the entertainment, amusement or benefit of an audience.
PERSON
Any individual, establishment, firm, association, organization,
partnership, trust, corporation or company.
WILD OR EXOTIC ANIMAL
Includes but is not limited to the following orders or families,
or similar orders or families, whether bred in the wild or in captivity,
and any hybrid thereof, including with domestic animals. The examples
identified in parentheses are not intended to be an exhaustive list
and do not limit the generality of each group of animals, unless otherwise
specified:
1.
Non-human primates (chimpanzees, lemurs and monkeys).
2.
Felidae (except domesticated cats).
3.
Canidae (except domesticated dogs).
6.
Cetacea (whales, dolphins, porpoises).
7.
Crocodilia (alligators, crocodiles).
8.
Marsupialia (kangaroos, opossums).
9.
Perissodactyla (rhinoceroses, tapirs, zebras, but not horses,
donkeys or mules).
10.
Artiodactyla (hippopotamuses, giraffes, camels, but not cattle,
swine, sheep or goats).
12.
Mustelidae (skunks, weasels, otters, badgers).
13.
Procyonidae (raccoons, coatis).
14.
Edentata (anteaters, sloths, armadillos).
15.
Viverridae (mongooses, civets, genets).
16.
Pinnipedia (seals, sea lions, walruses).
17.
Struthioniformes (ostriches).
It shall be unlawful for any person to cause a performance of
any wild or exotic animal on any public or private property within
the Borough of Sharpsburg.
The following are exempt from the provisions of §
2-603, entitled "Performance of wild or exotic animals prohibited":
1. The involvement of animals in activities or enterprises endorsed
or accredited by any of the following: the Association of Zoos and
Aquariums, the Global Federation of Animal Sanctuaries, and the American
Alliance of Museums.
2. Licensed veterinary hospitals or state-licensed veterinarians for
the purpose of providing treatment of to a wild or exotic animal.
3. The rehabilitation of wild animals by a person holding a wildlife
rehabilitator's license(s) and/or permit(s) as required by federal,
state and local laws and regulations.
4. In its discretion, the Council of the Borough of Sharpsburg may on
a case-by-case basis grant an exemption following a written application
for an exemption, where the proposed activity or enterprise is substantially
similar in nature or purpose to an exemption otherwise provided in
this section.
This part shall be implemented and enforced by the Borough of
Sharpsburg Police Department in the exercise of its ordinary law enforcement
duties, with the support of other Borough departments or employees,
as appropriate.