[Adopted 4-26-2018 by Ord. No. 18-07]
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:
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.
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.
Any animal that is livestock, a companion animal, or both.
Poultry, cattle, swine, sheep, goats, horses, donkeys and
mules.
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.
Any individual, establishment, firm, association, organization,
partnership, trust, corporation or company.
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:
Non-human primates (chimpanzees, lemurs and monkeys).
Felidae (except domesticated cats).
Canidae (except domesticated dogs).
Ursidae (bears).
Proboscidea (elephants).
Cetacea (whales, dolphins, porpoises).
Crocodilia (alligators, crocodiles).
Marsupialia (kangaroos, opossums).
Perissodactyla (rhinoceroses, tapirs, zebras, but not horses,
donkeys or mules).
Artiodactyla (hippopotamuses, giraffes, camels, but not cattle,
swine, sheep or goats).
Hyaenidae.
Mustelidae (skunks, weasels, otters, badgers).
Procyonidae (raccoons, coatis).
Edentata (anteaters, sloths, armadillos).
Viverridae (mongooses, civets, genets).
Pinnipedia (seals, sea lions, walruses).
Struthioniformes (ostriches).
Casuariiformes (emus).
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.
1.
Every separate act committed in violation of this part shall constitute
a separate and distinct criminal offense punishable by a fine not
exceeding $1,000 and/or imprisonment for a period not to exceed 90
days. Each wild or exotic animal used in each performance shall constitute
a separate and distinct violation. Each day that a violation of this
part continues shall constitute a separate and distinct violation.
2.
The Borough of Sharpsburg may maintain an action for injunction to enforce this part, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation pursuant to Subsection 3.
3.
Any person who violates this part may be liable for a civil penalty
not to exceed $600 for each separate act in violation. Each wild or
exotic animal in each performance shall constitute a separate and
distinct violation. Each day that a violation of this part continues
shall constitute a separate and distinct violation. Such penalty shall
be assessed and recovered in a civil action brought in the name of
the Borough of Sharpsburg in any court of competent jurisdiction.
In assessing the amount of the civil penalty, the court may consider
any one or more of the relevant circumstances presented by any of
the parties to the case, including, but not limited to, the following:
the nature and seriousness of the violations; the number of violations;
the persistence of the violations; the length of time over which the
violations occurred; the willfulness of the person charged with the
violations; and the assets, liabilities, and net worth of the person
charged with the violations.
