Suffolk County, NY
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2023-12-05
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The Code
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Part II: Regulatory Local Laws
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Chapter 302 Animal Shelters and Kennels
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Article IV Use of Wild or Exotic Animals in Traveling Performances
- The Charter
- Ch C Charter
- Att CA Charter Uncodified Local Law Provisions
- The Administrative Code
- Ch A Administrative Code
- Att AA Uncodified Local Law Provisions
- The Code
- Part I: Administrative Local Laws
- Ch 1 General Provisions
- Ch 8 Agricultural Land, Development of
- Ch 12 Air-Conditioning Systems
- Ch 17 Auxiliary Police
- Ch 22 Child Fatality Review Team
- Ch 25 Conservation Easements
- Ch 29 Conveyance of Property
- Ch 33 Correctional Facility
- Ch 36 County Property
- Ch 38 Day-Care Facilities for County Employees
- Ch 42 Defense and Indemnification
- Ch 46 Detention Services, Division of
- Ch 50 Disabilities Advisory Board
- Ch 53 Disability Truth-In-Hiring Policy
- Ch 59 Electrical Agency
- Ch 64 Empire Zone
- Ch 68 Employee Relations
- Ch 71 Employees Making Allegations of Misconduct, Protection of
- Ch 73 Employees Serving in Military Reserves
- Ch 77 Ethics and Accountability
- Ch 82 Film Commission
- Ch 86 Finances
- Ch 94 Fire Code Violations
- Ch 98 Flags
- Ch 101 Food Policy Council
- Att 101A Chapter 101 Uncodified Local Law Provisions
- Ch 103 Forum for the Arts
- Ch 110 Health and Safety of Employees
- Ch 114 Hispanic Advisory Board
- Ch 119 Human Rights Commission
- Ch 125 Industrial Development Agency
- Ch 136 (Reserved)
- Ch 141 Land Exchanges
- Ch 143 Language Assistance
- Ch 145 Liability
- Ch 149 Light Pollution
- Ch 155 Local Development Corporations
- Ch 160 Mass Transportation
- Ch 168 Off-Track Betting
- Ch 172 Open Meetings
- Ch 178 Preschool Handicapped Transportation
- Ch 183 Public Notification Policy
- Ch 189 Purchasing and Contracts
- Ch 194 Real Property, Lease of
- Ch 199 Response and Truth in Government Policy
- Ch 205 Salaries and Compensation
- Ch 210 Senior Citizens' Advisory Board
- Ch 215 Sewer Districts
- Ch 221 Social Services Department
- Ch 226 Special Traffic Options Program for Driving While Intoxicated
- Ch 232 Tax Notices and Billing
- Ch 238 Transit Stations
- Ch 245 Utility Easements
- Ch 250 Vanderbilt Museum
- Ch 255 Vehicles, County-Owned
- Ch 261 Women Veterans Advisory Board
- Part II: Regulatory Local Laws
- Ch 270 Advertising Materials
- Ch 274 Agricultural Operations
- Ch 278 Aids Testing
- Ch 281 Aid to Families With Dependent Child and Home Relief
- Ch 285 Aircraft
- Ch 290 Alarms
- Ch 294 Alcoholic Beverages
- Ch 299 Animals and Insects
- Ch 302 Animal Shelters and Kennels
- Ch 302 Art IV Use of Wild or Exotic Animals in Traveling Performances
- § 302-24 Definitions.
- § 302-25 Use prohibited.
- § 302-26 Exceptions.
- § 302-27 Enforcement.
- § 302-28 Penalties for offenses.
- Att 302A Uncodified Local Law Provisions
- Ch 310 Balloons, Helium
- Ch 314 Banking Practices
- Ch 319 Bicycles, Skates, Skateboards and Scooters
- Att 319A Chapter 319 Uncodified Local Law Provisions
- Ch 325 Boats and Boating
- Ch 330 Body Art
- Ch 334 Books and Magazines
- Ch 344 Building Construction
- Ch 349 Bullets, Armor-Piercing
- Ch 353 Business Practices
- Ch 357 Carbon Dioxide Emissions
- Ch 360 Carbon Monoxide Detectors
- Ch 365 Caterers
- Ch 370 Cemeteries
- Ch 374 Cesspools and Individual Sewage Disposal Systems
- Ch 378 Child Protection
- Ch 383 Community College Facilities
- Ch 387 Consumer Protection
- Ch 391 Cooperative Housing
- Ch 396 Day-Care Facilities and Home-Care Services
- Ch 400 Defibrillators
- Ch 404 Demonstrations
- Ch 410 Domestic Partnerships
- Ch 415 Donation Bins
- Ch 420 Drug Premises and Property
- Ch 423 Drugs and Drug Products
- Ch 427 Dry-Cleaning Establishments
- Ch 433 Dumping and Littering
- Ch 436 Emergency Services
- Ch 438 Emergency Shelters
- Ch 441 Emergency Telephone System
- Ch 444 Energy Efficiency
- Ch 446 Environmental Protection
- Ch 450 Environmental Quality Review
- Ch 455 Ferry Service
- Ch 459 Fertilizer
- Ch 463 Filming
- Ch 467 Firearms and Weapons
- Ch 471 Fire Prevention
- Ch 475 Fishing and Shellfishing
- Ch 480 Foster Care and Adoptive Homes
- Ch 485 Fuel-Delivery Vehicles
- Ch 490 Furnaces, Outdoor
- Ch 494 Gasoline Sales
- Ch 497 Gasoline Stations
- Ch 502 Graffiti
- Ch 512 Hazardous Waste
- Ch 517 Home Improvement and Repair
- Ch 519 Homemaking Services
- Ch 523 Hotels and Motels
- Att 523A Chapter 523 Uncodified Local Law Provisions
- Ch 528 Human Rights
- Att 528A Uncodified Local Law Provisions
- Ch 538 Internet Crimes
- Ch 542 Item Pricing
- Ch 551 Land Acquisition Disclosure
- Ch 555 Laser Pointers
- Ch 558 Latex Products
- Ch 563 Licensed Occupations
- Att 563A Chapter 563 Uncodified Local Law Provisions
- Ch 564 Licensing
- Ch 567 Liquefied Natural Gas
- Ch 571 For-Hire Vehicle Registration
- Ch 575 Living Wage
- Ch 580 Lobbyists
- Ch 586 Mammography
- Ch 590 Medical, Mental Health and Substance Abuse Service Providers
- Ch 595 Mortgages, Purchase of
- Ch 599 Motor Fuel Facilities
- Ch 603 Motor Vehicle Use Fee
- Ch 607 Moving Companies
- Ch 612 Music Concerts
- Ch 618 Noise
- Ch 623 Nuisance Properties
- Ch 627 Nursing Homes and Health-Care Facilities
- Ch 633 Open Space Preservation
- Ch 639 Parking, Off-Street
- Att 639A Chapter 639 Uncodified Local Law Provisions
- Ch 643 Parks and Parks Facilities
- Att 643A Uncodified Local Law Provisions
- Ch 646 Personal Protective Equipment
- Ch 647 Pest Control
- Ch 649 Pharmacies
- Ch 651 Pipe Bomb Materials
- Ch 656 Planned Retirement Communities
- Ch 664 Political Parties, Gifts to Officials of
- Ch 668 Polygraph Examinations
- Ch 672 Pornography and Obscene Materials
- Ch 675 Privacy Protection
- Ch 677 Probation Department Fees
- Ch 681 Proprietary Ambulance Companies
- Ch 688 Records
- Ch 690 Recreation and Amusement Facilities
- Ch 692 Recycling
- Ch 696 Rental Property
- Ch 700 Restaurants and Food Service Establishments
- Ch 704 Retail Sales
- Ch 713 Safe School Zones
- Ch 717 Scaffolds
- Ch 719 School Buses
- Ch 721 Scrap Metal Processors, Vehicle Dismantlers and Junk Dealers
- Ch 726 Seal, County
- Ch 730 Security, Protection and Safety
- Ch 735 Senior Citizens Bill of Rights
- Ch 740 Sewers
- Ch 745 Sex Offenders
- Ch 751 Smoke Bombs and Sparkling Devices
- Ch 754 Smoking
- Ch 759 Storm Sewers
- Ch 763 Stormwater Management
- Ch 765 Streets and Sidewalks
- Ch 767 Subscription Service Fees
- Ch 769 Swimming Pools
- Ch 772 Tanning Facilities
- Ch 775 Taxation
- Att 775A Chapter 775 Uncodified Local Law Provisions
- Ch 779 Tax Grievance Consultants
- Ch 783 Tax Refunds
- Ch 787 Tires, Sale of
- Ch 792 Tobacco Products
- Ch 796 Towing
- Ch 803 Union Organizing
- Ch 808 Utilities; Utility Workers
- Ch 814 Vehicle Sales
- Ch 818 Vehicles and Traffic
- Att 818A Chapter 818 Uncodified Local Law Provisions
- Ch 822 Vehicles, Off-Road
- Ch 826 Vehicles, Vending
- Ch 828 Veterans
- Ch 830 Victims' Rights
- Ch 834 Video Recording Devices
- Ch 839 Wastewater Treatment Systems
- Ch 840 Water
- Ch 843 Wireless Communications
- Part III: Resolutions
- Ch 860 African-American Advisory Board
- Ch 865 Animals
- Ch 867 Anti-Graffiti Task Force
- Ch 869 Apprenticeship Training
- Ch 871 Auctions
- Ch 874 Capital Projects
- Ch 880 Child Protection
- Ch 884 Citizens Corps Council
- Ch 888 Classification and Salary Plans
- Ch 891 Contractors
- Ch 893 Contracts
- Ch 895 County Facilities
- Ch 896 Criminal Justice Supportive Services Coordination Committee
- Ch 899 Day-Care Centers, Payments to
- Ch 901 Diversity and Inclusion
- Ch 904 Document Receipt Policy
- Ch 908 Domestic Violence
- Ch 913 Drug Enforcement and Abuse Prevention
- Ch 920 Elections
- Ch 924 Electricians and Plumbers Rules and Regulations
- Ch 928 Emergency Medical Services
- Ch 931 Emergency Preparedness
- Ch 935 Employee Benefits
- Ch 936 Employment
- Ch 939 Energy Efficiency
- Ch 943 Environmental Protection
- Ch 945 Ethics, Code of
- Ch 948 Fees and Charges
- Ch 952 Finances
- Ch 954 Firearms and Weapons
- Ch 957 Gabreski Community Advisory and Review Board
- Ch 959 Government Information Depositories
- Ch 963 Harassment
- Ch 964 Hate Crime Task Force
- Ch 966 Home Energy Assistance Program
- Ch 971 Identity Protection
- Ch 977 Insurance
- Ch 981 Investment Policy
- Ch 1001 Land Development
- Ch 1005 Land Preservation
- Ch 1006 LGBTQ+ Advisory Board
- Ch 1008 Long Island Commission on Aquifer Protection
- Ch 1009 Long Island First Working Group
- Ch 1012 Marinas
- Ch 1013 Marine Industry Revitalization Advisory Council
- Ch 1016 Memorials and Symbols; Naming and Sponsorship of County Facilities, Parks and Roads
- Ch 1021 Motels Doing Business With Department of Social Services
- Ch 1027 Native American Affairs Advisory Board
- Ch 1032 Next Generation Advisory Boards
- Ch 1035 Open Data Committee
- Ch 1038 Park Police Patrol
- Ch 1043 Poets Laureate
- Ch 1047 Police
- Ch 1052 Probation
- Ch 1056 Property Control Manager
- Ch 1060 Property, Sale of
- Ch 1065 Procurement
- Ch 1070 Real Estate Appraisal, Acquisition and Disposition
- Ch 1075 Recognition Programs
- Ch 1079 Records Retention
- Ch 1083 Regional Planning Council
- Ch 1087 Requests for Proposals
- Ch 1091 Reserve Funds
- Ch 1095 Retirement Benefits for Legislators
- Ch 1099 Rewards and Incentive Programs
- Ch 1105 Roller Blades, Roller Skates and Skateboards
- Ch 1110 Self-Funded Health Program
- Ch 1114 Self-Insurance Program
- Ch 1118 Sewer Agency
- Ch 1122 Sex Offender Policies
- Ch 1126 Sober Home Oversight Board
- Ch 1127 Social Services Department
- Ch 1133 Surface Water Protection
- Ch 1138 Swimming Pools
- Ch 1143 Taxation
- Ch 1145 Teen Pregnancy Advisory Board
- Ch 1146 Tick Control Advisory Committee
- Ch 1147 Title Examination
- Ch 1151 Transfer of Development Rights
- Ch 1155 Transportation Advisory Board
- Ch 1160 Vanderbilt Museum Oversight Committee
- Ch 1162 Vector Control
- Ch 1164 Vegetation
- Ch 1166 Vending Machines
- Ch 1168 Veterans
- Ch 1173 Wage, Prevailing
- Ch 1177 Web Sites
- Ch 1180 Welfare
- Ch 1184 Wireless Communications
- Ch 1187 Women's Advisory Commission
- Statutes Applicable to Suffolk County
- Ch 1195 Suffolk County Tax Act
- Appendix
- Ch 1200 Civil Service Rules
- Derivation Table
- Ch DT Derivation Table
- Local Law Disposition List
- Ch DLL Local Laws Disposition List
- Resolution Disposition List
- Ch DLR Resolution Disposition List
[Adopted 6-21-2023 by L.L. No. 26-2023]
As used in this article, the following terms shall have the
meanings indicated:
When an audience is entertained at a location some travel
distance from where the animals incorporated therein are normally
kept or reside. It can also mean any exhibition, petting zoo, party,
or public showing involving the transporting of animals which moves
from place to place where animals are set out to be viewed, touched,
handled, or are required to perform tricks, fight or participate in
performances for amusement or entertainment.
[Amended 10-11-2023 by L.L. No. 34-2023]
Mammals, birds, reptiles, amphibians or fish that have been
selectively bred and genetically adapted over generations to live
alongside humans. They are genetically distinct from their wild ancestors
or cousins and usually fall into three main groupings: domestication
for companionship (dogs and cats), animals farmed for food (sheep,
cows, pigs, turkeys, etc.) and working or draft animals (horses, donkeys,
camels). Other domesticated animal species are those that are raised
under license or in confinement under license from the Department
of Environmental Conservation before release from captivity, except
that the varieties of fowl commonly used for cock fights shall not
be considered domestic animals for the purposes of this section.
An animal use or exhibition that is devoted to imparting
knowledge or information about the exhibited animal's behavior,
habitat, life cycle, migratory patterns, feeding habits or similar
pedagogical information and is conducted by individuals or facilities
such as zoos, aquariums, animal sanctuaries, nature centers, natural
history museums, environmental associations, or other similarly qualified
individuals or facilities, or by any agency of the state, county or
local government. At no time during an educational exhibition will
any animal be made to perform behavior that is not intrinsically natural
to the animal.
[Amended 10-11-2023 by L.L. No. 34-2023]
One that is wild but originally from a different continent
than the one they currently are in inclusive of all forms of hybridization
with other species. See also definitions of "wild animal" and "wild
or exotic animal."
Animals that are not well established as common household
pets, have not been domesticated by humans and are in a condition
mainly independent of humans.
[Amended 10-11-2023 by L.L. No. 34-2023]
A show, mobile or stationary act, circus, photographic opportunity,
carnival, fair, parade, ride, race, rodeo, party, exhibition or zoo
or similar undertaking that does not earn profit for its owners and
that all money earned through pursuing business activities or through
donations goes right back into running the organization.
A zoo, park reserve, wildlife or marine park, city farm,
aquarium, or exhibition at which visitors, especially children may
handle and feed the animals.
An individual, partnership, corporation, joint venture, association,
trust, estate or any other legal entity, and any officer, member,
shareholder, director, employee, agent, or representative of these.
Living things and especially mammals, birds, and fishes that
are neither human nor domesticated. Additionally, a wild or exotic
animal raised with humans is not domesticated, but simply a wild or
exotic animal that is more accustomed to humans and possibly considered
tame. See also definitions of "exotic animal" and "wild or exotic
animal."
Further means any or all of the following animals, whether
bred in the wild or in captivity, and also any or all of their hybrids
with domestic species, the words in parentheses being intended to
act as examples only and are not to be construed as being an exhaustive
list or to otherwise limit the generality of each group of animals:
Artiodactyla (hippopotamuses and giraffes).
Canidae (wolves, foxes and jackals) but not domesticated dogs.
Crocodilia (alligators and crocodiles).
Elephantidae (elephants).
Endentates (anteaters, sloths and armadillos).
Felidae (tigers, lions, jaguars and leopards), but not domesticated
cats.
Hyaenidae (hyenas).
Marsupialia (kangaroos and opossums).
Musteloidea (skunks, weasels, otters, raccoons and badgers).
Nonhuman primates (apes, monkeys and lemurs).
Perissodactyla (rhinoceroses, tapirs and zebras).
Pinnipedia (seals, sea lions and walruses)
Struthio (ostriches).
Ursidae (bears).
An area set aside exclusively where there are no public events
for financial profit or any other entertainment purposes, no escorted
public visitation is allowed, no direct contact between the public
and wild animals is allowed and the animals within are not taken from
the sanctuary or enclosures for exhibition. Additionally, under the
Environmental Conservation Law, "wildlife sanctuary" means an organization
as described in the Internal Revenue Code that is in compliance with
all applicable provisions of the Animal Welfare Act, and operates
a place of refuge where abused, neglected, unwanted, impounded, abandoned,
orphaned, or displaced wild animals are provided care for their lifetime
or rehabilitated and released back to their natural habitat, and,
with respect to any animal owned by the organization, does not;
[Amended 10-11-2023 by L.L. No. 34-2023]
No animal traveling performance or show may use wild or exotic
animals, even if they are domesticated.
[Added 10-11-2023 by L.L. No. 34-2023[1]]
The prohibitions contained in this article shall not apply to:
A.
Environmental educational programs;
B.
Wildlife sanctuaries and their associations;
C.
Association of Zoo and Aquarium accredited facilities;
D.
Global Federation of Animal Sanctuaries or accredited facilities;
E.
Individuals or organizations that deliver educational programs featuring
reptiles, amphibians and/or invertebrate animals;
F.
State, county, or local government agencies; or
G.
Film, internet show, television or advertising programs, if such
use does not involve a live public exhibition.
The provisions of this article will be enforced by the Department
of Health or any other municipal law enforcement agency. Alternatively,
or in addition thereto, the County Attorney may seek an injunction
in enforcement thereof.
A violation of any provision of this article shall be punishable
with a fine of up to $2,500 for each failure or offense. Each violation
and each day during which a violation continues shall be a separate
offense.
