[Adopted by the Town Meeting of the Town of Brookline 11-14-2023 STM by Art. 15. Amendments noted where applicable.]
The purpose of this by-law is to protect the public against the hazards that wild and exotic and other animals used in traveling shows may pose to humans and to protect such animals from cruel and inhumane treatment.
For purposes of this by-law, the following words shall have the following meanings:
COVERED ANIMAL
Any of the following animals and hybrids thereof:
A. 
Artiodactyla, including giraffe, Bactrian camel, dromedary camel, and pygmy hippo;
B. 
Canidae, including any hybrids thereof, but excluding domestic dogs;
C. 
Elasmobranchii, including lemon sharks, nurse sharks, and rays;
D. 
Elephantidae;
E. 
Felidae, including any hybrids thereof, but excluding domestic cats;
F. 
Marsupialia, including kangaroo and wallaby;
G. 
Nonhuman primate;
H. 
Otter;
I. 
Procyonidae, including coatimundi, kinkajou, and raccoon;
J. 
Skunk;
K. 
Ratites, including ostrich and emu;
L. 
 Rodentia, including capybara and Patagonian cavy, but excluding domestic rodents;
M. 
Sea lion;
N. 
Sloth;
O. 
Ursidae;
P. 
Viverridae, including binturong, civet, and genet;
Q. 
Zebra.
MOBILE OR TRAVELING HOUSING FACILITY
A transporting vehicle, such as a truck, trailer or railway car, used to transport or house animals while traveling for exhibition or other performance.
PERFORMANCE
Any exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience.
PERSON
An individual, firm, limited-liability company, association, partnership, corporation, or other legal entity.
TRAVELING ANIMAL ACT
Any performance of animals where such animals are transported to, from, or between locations for the purpose of such performance, in a mobile or traveling housing facility.
Notwithstanding any other provision of law, no person shall cause or allow the participation of a covered animal in a traveling animal act within the Town of Brookline.
This chapter shall not apply to a performance that takes place at a nonmobile, permanent institution or other fixed facility, provided that the covered animal is not transported to such location for a period of less than 14 days for the sole purpose of such performance; nor shall it apply to activity that is expressly authorized by state law.
Any person who violates any provision of this chapter shall be fined $300 for each day that any such violation shall occur, pursuant to MGL c. 40, § 21D, and Chapter 10.3 of these by-laws. The Brookline Police Department shall have enforcement authority of this by-law.
If any section, subsection, paragraph, sentence, clause or phrase of this by-law shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this by-law, which shall continue in full force and effect, and to this end the provisions of this by-law are hereby declared to be severable.