AGENDA ITEM 7A
December 12, 2017
Action
MEMORANDUM
December 8, 2017
TO:
County Council
Jeffrey
L.
Zyon,{nior Legislative Analyst
Action:
Bill 23-17, Animal Control - Performance Animal - Violations
FROM:
SUBJECT:
Public Safety Committee Recommendation (3-0):
approve Bill 23-17 with the
following amendments
Delete all of the proposed new definitions in Section 5-101- Definitions (lines 6-35)
Delete all of the proposed changes to Section 5-201- Cruelty (lines 47-56)
Amend Section 5-202 Dangerous and potentially dangerous animals by:
Correcting the reference to the exception provision (line 60) and
Adding an exception for animals in the possession of an animal sanctuary
and particular marsupials (lines 71-79)
Add a new Section 5-204 Traveling Animal Act - Prohibition with the following
provisions:
1) Definitions for the terms "exhibition" (lines 84 - 87),
"mobile or traveling housing facility" (lines 88-91),
"traveling animal act" (lines 92- 94), and
"wild animal" (lines 95-110).
2) The prohibition of a person or business from charging guests or visitors a fee
to attend the exhibition of a wild animal in a traveling animal act (lines 111-
112).
3) The authority for the County Executive to issue regulations (lines 113-114).
Background
Bill 23-17, Animal Control - Performance Animal - Violations, sponsored by Lead
Sponsors Councilmembers Rice and Leventhal, Co-Sponsors Councilmembers Katz, Navarro,
Riemer, Elrich, Hucker, and then-Council President Berliner, was introduced on June 27. A public
hearing was held on July 18 and Public Safety Committee worksessions were held on September
11 and again on November 9.
The sponsors of Bill 23-17 want to protect wild animals. The Bill does this by removing
the financial incentives to exhibit such animals.
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As introduced, Bill 23-17 would:
Define the term "exhibit";
(1)
Define the term performance animal;
(2)
Prohibit financial benefiting from the exhibition of performance animals;
(3)
Authorize the Animal Control Division to enforce prohibited act; and
(4)
Generally amend the provisions concerning animal cruelty.
(5)
Issues
Should the Council defer action on Bill 23-17?
The Montgomery County Farm Bureau, the Montgomery Agricultural Producers, the
Montgomery County Agricultural Center Inc., the Montgomery County Agricultural Advisory
Committee and the Executive Director of the Montgomery County Agricultural Fair suggested the
establishment of a Committee to define the problem that instigated Bill 23-17 and perhaps resolve
the problem without legislation.
Deferring action is always an option. The Lead Sponsors of Bill 23-17 wish to proceed to
Council action on the amended Bill. The Public Safety Committee recommended enacting Bill
23-17 with amendments.
Why create a new section for traveling animal acts in the animal control law and remove the
proposed provision from the animal cruelty section of the Code?
The Committee recommended deleting all animals used in agriculture (raised for food,
fiber, or labor) from the list of animals prohibited in traveling animal acts. In making this
recommendation the Committee did not intend to imply that farm animals were excluded from
animals within the jurisdiction of the cruelty provision or to imply that farm animals are being
treated cruelly.
The Committee recommended adding a separate provision for traveling animal acts. This
retained the current provisions for "cruelty" and define wild animals for the sole purpose of
limiting fee based traveling animal acts.
Should there be an exception to the dangerous and wild animal act provisions?
The general prohibition on wild animals in the Code currently reads as follows:
Sec. 5-202. Dangerous and potentially dangerous animals.
Violation.
(a)
Except as provided in subsection (d), a person must not import, sell, trade,
(1)
buy, barter, breed, raise, keep, or possess:
a wild animal; or
(A)
any animal that the County or any other jurisdiction finds is
(B)
dangerous or a threat to public health or safety, including types of
animals excluded from State law prohibitions on dangerous animals.
2
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Subsection (d) concerns "restriction or condition, including confinement or microchipping
the animal, on the owner of a dangerous or potentially dangerous animal that is reasonably
expected to protect the public health or safety". The actual exception to the provision is subsection
(h), "A dog serving a law enforcement agency is not a dangerous or potentially dangerous animal
or a guard dog under this Section."
There is no specific exception to the prohibition on possessing wild animals for animal
rescues, sanctuaries, and rehabilitators permitted to operate in Maryland.
The Committee recommended adding the following 2 exceptions to prohibition on the
possession of wild or potentially dangerous animals:
1)
Animals in the possession of an animal sanctuary are not dangerous or potentially
dangerous animals if the animal sanctuary:
(A)
is a nonprofit organization qualified under §501(c)(3) of the Internal
Revenue Code;
(B)
operates a place of refuge for abused, neglected, impounded, abandoned,
orphaned, or displaced wildlife; and
(C)
does not conduct commercial activity with respect to any animal of which
the organization is an owner.
Wild animals do not include kangaroos, wallabies, or sugar gliders.
2)
The definition of an animal sanctuary is the same as the definition found in State law.
Kangaroos, wallabies and sugar gliders where excluded because of their existing presence
in the County and the absence of complaints.
1
There is only one documented case of a person
being killed by a Kangaroo. That occurred in 1936 when a hunter tried to save his dog from a battle
involving a kangaroo in New South Wales, Australia.
Why approve any version ofBill 23-17?
The use of animals as a form of amusement, entertainment or display is detrimental to the
safety of the public, including children and trainers. Wild animals pose a significant danger to
audience members, trainers, and the public at large. Travel or confinement impairs the animals'
physical, psychological, and social needs, while close confinement, lack of exercise, pressure to
perform, and other physical requirements of performing render the animals unable to express
natural behaviors and socialize appropriately. In addition, the training techniques, devices, or
agents used to make the animals perform are many times abusive, cruel, and/or stressful, causing
suffering to the animals and creating a greater threat to the public.
2
The incentive for profit increases the incentive to create traveling animal acts, to train
animals to perform on demand, and to short change animal care.
There is an on-going, USDA regulated business in Germantown that raises marsupials including kangaroos,
wallabies, and sugar gliders. Part of their business is having visitors to their property and bringing animals to
schools. Another part of their business is bringing baby animals to parties.
2
Animal Law Resource Center;
http:.
1
/www.animallaw.com/Model-Law-Circuses.cfm.
1
3
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What is the scope ofprohibited activity?
As introduced, Bill 23-17 would prohibit a person or business from exhibiting or
financially benefiting from the exhibition of any performance animal in a traveling animal act.
Performance animals are defined in the Bill.
3
A traveling animal act is not defined in the
Bill as introduced.
The Committee recommended adding a definition of traveling animal act:
The term 'traveling animal act' means 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.
4
With that definition, the Committee recommended that a "mobile or traveling housing facility"
should be defined:
Mobile or traveling housing facility means a transporting vehicle such as a heavy
commercial vehicle as defined by Section 59.1.4.2, trailer, or railway car, used to
move or house wild animals.
5
Currently it is a violation of the County Animal Control law to import, sell, trade, buy,
barter, breed, raise, keep, or possess a wild animal.
6
This provision has never been used to ban
traveling animal acts in the County. The act that causes a violation under Bill 23-17 is the
exhibition that charges a fee for visitors or guests to attend an animal performance in a traveling
animal act. The prohibited act, as recommended by the Committee is:
The Bill lists specific "orders" or "families" of animals with examples or exclusions. Within the science of taxonomy,
all living organisms are classified by their kingdom, phylum, class,
order,
family, genus and species.
4
This definition is identical to the definition of the same term in H.R. 1759 the "Traveling Exotic Animal and Public
Safety Protection Act".
5
Commercial Vehicle, Heavy: Any motor vehicle, tandem axle trailer, or semi- trailer used for carrying freight or
merchandise, or used in any commercial enterprise that is:
1.
greater than 10,000 pounds gross vehicle weight;
2.
rated by the manufacturer with a load capacity of more than one ton;
3.
21 feet long or longer, measured from the extremes of the vehicle, including any object on the vehicle; or
4.
more than 8 feet high, with properly inflated tires, measured from the ground to the highest part of the
vehicle, including any racks but excluding any antennas.
A heavy commercial vehicle does not include a recreational vehicle, a motor vehicle owned or operated by the
County or other government agency, a machine or a vehicle for agricultural use, or a tow truck that is less than
10,000 pounds gross vehicle weight, shorter than 21 feet in length as measured under subsection 3, and less than 8
feet high as measured under subsection 4.
6
Section 5-202 (a) 1; a wild animal is defined as, "An animal ofa species ofan untamable disposition, a species in a
state of nature, or a native self-sustaining species. All animals of these species are wild animals even if a particular
animal has characteristics that reflect domestication or taming." An exotic animal is defined in the code as, "a non-
native species
kept as a pet or livestock,
other than a rodent, rabbit or hare, or hoofed animal.
3
4
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A person or business must not charge guests or visitors a fee to attend the exhibition of a
wild animal in a traveling animal act.
Should there be exemptions for animals caredfor by certified humane zoos?
Some legislation exempt animals from facilities accredited by the Association of Zoos and
Aquariums (AZA). This organization started the voluntary accreditation process in 1974. Of the
approximately 2,800 animal exhibitors licensed by the USDA across the country, less than 10% are
AZA-accredited.
Another accrediting organization is the Zoological Association of America (ZAA). This is a
much younger organization. ZAA was formed in 2005.
7
The standards for animal care between the
2 organizations are different.
The Council must avoid delegating its authority to a private party. Allowing accreditation by
a third party to exempt some animal acts would be such a delegation. The Committee did not
recommend a specific exception for a business certified by either organization.
How did the Committee address educational opportunities?
The Committee's recommendation is intended to allow the use of animals for educational
opportunities when a fee (entrance fee, ticket, or minimum mandatory contribution) is NOT charged
to observe or learn from animals.
8
It is not the practice of schools to require a fee for events that are
part of its regular curriculum.
Bill 23-17 would not take away affordable and educational opportunities for residents in
Montgomery County.
9
The revised Bill would allow ANY animal act that is part of a school's
curriculum. Many traveling "zoos" bring farm animals (raised for food or fiber), or reptiles. These
animals would be allowed in traveling acts even when the event is out of school and a fee is charged.
There are traveling zoos that include some animals that would not be allowed by the Bill
(camels) if fees are charged.
Would the enactment of Bill 23-17 have any effect on the Montgomery County Agricultural Fair or
Agricultural fairs in general?
The ZAA was established by the merger of two pre-existing organizations - The International Society of Zooculturists
and the United Zoological Association.
8
Proposed federal legislation (HR 1759) would allow an exception for environmental education programs with the
following definition of education:
The term environmental education program means an animal exhibition that is professionally designed to
impart knowledge or information for educational or conservation purposes about that animal's natural
behavior, habitat, life cycle, or similar pedagogical information, conducted by an individual qualified to
impart such information, which does not include any performance of behavior that does not naturally occur
for that animal in the wild state.
9
The National Zoo is free, has an unmatched variety of animals, and is accessible by Metro. Wild animal acts in the
County have had entrance charges and are not required to be accessible by bus or rail.
7
5
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Due to the Fair's location, the Fair would not be affected by Bill 23-17. The prohibition on
performance animals would be part of the Animal Control Chapter of the Montgomery County Code.
The fairgrounds is located in the City of Gaithersburg. Activities in Gaithersburg is
not
subject to the
Animal Control Chapter of the Montgomery County Code.
Sometimes Gaithersburg sees the wisdom of County legislation and sometimes it finds
wisdom appropriate for the City.
10
The enactment or disapproval of Bill 23-17 may or may not
influence the City of Gaithersburg to enact a similar prohibition.
Even if the Agricultural Fair was held in unincorporated Montgomery County, all the animals
listed as on display at the Agricultural Fair would be allowed by Bill 23-17 as redrafted.
11
If
the fairgrounds is relocated to an unincorporated area of Montgomery County, the income
of the Montgomery County Agricultural Center Inc, who owns the fairgrounds would be negatively
impacted to the extent that the fairgrounds had the opportunity to rent their facilities to traveling
animal acts.
12
The fairgrounds has been rented to traveling animals acts in the past.
It is not the intent of Bill 23-17 to prohibit any agricultural fair that displays domesticated
animals that are raised for food, fiber, or common household pets. (In the following issue, the
Committee recommends excluding llamas, alpacas, emus, and ostriches from the list of prohibited
traveling animal acts.)
Martin E. Svrcek, the Executive Director of the Montgomery County Agricultural
Fairgrounds, would still request that "any animal act performed for educational purposes at the
Montgomery County Fair" be exempted from prohibited acts under the Bill.
Where did the list ofprohibited animals come from and is it too broad?
Staff did not have the competence to create the list of prohibited wild and exotic creatures in
Bill 23-1 7.
13
The list of animal orders, families and exclusions follows the model ordinance available
on the Born Free web site.
14
The major difference from that list is the inclusion of elasmobranchii
(sharks) and pinnipedia (seals, sea lions, and walruses).
Testimony noted that the list would prohibit domesticated animals such as llamas, alpacas,
ostriches, and emus.
"It is unwise to be too sure of one's own wisdom.
It
is healthy to be reminded that the strongest might weaken and
the wisest might err." Mahatma Gandhi
11
The animals listed on the Fair's website as being on display during the fair are: donkeys, mules, goats, horses, pigs,
poultry, water fowl, rabbits, and sheep.
12
Municipalities may choose to be regulated under the County's Animal Control Chapter. Gaithersburg has elected
not to be subject to that Chapter. Gaithersburg may be inspired to adopt its own prohibition on traveling animal acts,
but could occur with or without the Council's approval ofBill 23-17.
13
Staff's single contribution to any form ofbiological science was an academic composition on "Our Friend the Frog".
This paper was never published and was written decades before staff found gainful employment.
http://466a22 l d5fD08 l 643b32-
e5fd6e4345efD6428c08a34c I e533de0.r4.cfl .rackcdn.comiModel City Legislation Traveling Circus.pd[
14
10
6
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As everyone knows:
15
Artiodactyla
16
includes llamas and alpacas
Struthionformes
17
includes ostriches
Cauardiiformes
18
includes emus
The Committee recommended excluding these domestic animals (used for food, fiber, or pets) from
the definition of wild animal.
19
Should there be an additional exemption for agricultural activity?
On December 7, the Chair of the Public Safety Committee received the following message from
Jeremy Criss, the Director of the Office of Agricultural Services:
The agricultural community would be very appreciative of you if the language below is
inserted into the final version of Bill 23-17 that the County Council approves ....
Any agricultural activity as defined in the definition of agriculture and fanning
(Chapter 59) and conducted in accordance with the laws of the State of Maryland is
explicitly recognized as humane and exempt from any and all provisions of this
Chapter.
The enactment of this text would cover all of Chapter 5. The proposed text would be a self-imposed
form of state preemption.
It
would nullify all aspects of Chapter 5 that are different than state law.
Chapter 5 is explicitly aligned with state law with respect to animal cruelty (Section 5-201). Staff
does not know if the prohibition on dangerous and potentially dangerous animals is the same as State
Law and County law. Chapter 5 also has provisions for public nuisances (Section 5-203), and animal
That is everyone who has had the time to research taxonomy.
This order is characterized by either two or four (usually) hoofed toes on each foot, except for the peccary which has
four toes on each forefoot, but only three on the hind. The American forms of the order are divisible into two groups
based on the structure of the teeth, presence or absence of horns, and structure of the stomach and feet. The pig group
has crushing cheek teeth, upper incisors, a simple stomach, no horns, four hoofed toes, and includes the peccaries.
The cow group has rasping cheek teeth, no upper incisors, two or four hoofed toes on each foot, complex stomach,
and horns or antlers in most species. It includes the deer, elk and allies; cows and allies; and the pronghorn.
17
This is a small order of weak-flying, partridge-like birds and giant, flightless ratite birds found in the southern
continents. The struthioniforms are characterized by a palaeognathous palate, a break in the postnasal strut, close
approximation of the zygomatic process to the quadrate, and the structure of the rhamphotheca (the horny sheath
covering a bird's beak).
18
The Casuariiformes is an order of large flightless bird that has four surviving members: the three species of
cassowary, and the only remaining species of emu. They are classified as one family Casuariidae or two, with the emu
split off into its own family Dromaiidae. All four living members are native to Australia-New Guinea, but some
possible extinct tax.a occurred in other landmasses.
19
Proposed federal legislation (HR 1759) would exclude "farm animals" from prohibited animals and would define
farm animals as follows:
The term farm animal means any domestic species of alpacas, cattle, sheep, swine, goats, llamas, poultry, or
horses, which are normally and have historically, been kept and raised on farms in the United States, and
used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or
production efficiency, or for improving the quality of food or fiber. This term also includes animals such as
rabbits, mink, and chinchilla, when they are used solely for purposes of meat or fur, and animals such as
horses and llamas when used solely as work and pack animals. The term does not include exotic animals or
wild animals.
16
15
7
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business licenses (Section 5-404). The proposed text would exempt equestrian facilities (an
agricultural use) from County licensing (Section 5-404 (a)(4)).
Staff does not recommend the text suggested
by
Mr.
Criss.
This packet contains:
Bill 23-17 as revised
Legislative Request Report
Agricultural Community letters
Circle#
1
7
8
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23-17
Concerning: Animal
Control
Performance Animal - Violations
Revised: 11/16/2017DraftNo.
10
Introduced:
June 27 2017
Expires:
December 27, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'--'-No=-n=e_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
Bill No.
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Rice and Leventhal
Co-Sponsors: Councilmembers Katz, Navarro, Riemer, Elrich, Hucker and Council President
Berliner
AN ACT
to:
(1)
Define [[the term "exhibit"]] certain terms;
(2)
[[Define the term performance animal;
(3)]] Prohibit the exhibition of [[performance]] wild animals in a traveling animal act;
[[(4)]] filAuthorize the Animal Control Division to enforce the prohibited act; and
[[(5)]] filGenerally amend the provisions concerning animal cruelty.
By amending
Montgomery County Code
Chapter 5, Animal Control
Sections 5-101, 5-102, and 5-201
By adding
Chapter 5, Animal Control
Section 5-204
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 23-17
Sec.
1.
Sections 5-101, 5-102, and 5-201 are amended and Section 5-204 is
2
3
4
added as follows:
5-101. Definitions.
In this Chapter, the following words and phrases have the following meanings:
5
* * *
[[Display:
Any exhibit, fair, act, circus, ride, or similar undertaking in which
~
performanc e animal is required to perform tricks, give rides, or participate as
accompaniments for the entertainment, amusement, or benefit of another.]]
6
1
s
9
10
11
12
* * *
[[Exhibit:
The display of~ performance animal for the financial benefit of any person
or business.]]
*
*
*
13
14
15
16
([Pe,:formance animal:
The following animals are performance animals. 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:
11
ill
ill
non-human primates and prosimians (such as chimpanzees, baboons,
monkeys, etc.)= all species;
felidae (such as lions, tigers, cougars, leopards, ocelots, servals, etc.)=
all species except domestic cats;
1s
19
20
21
ill
.(±)
canidae (such as wolves, coyotes, etc.)= all species except domestic
dogs;
ursidae (such as bears)-= all species;
marsupialia (such as kangaroos, etc.)-= all species;
proboscidae (such as elephants)= all species;
crocodilia (such as crocodiles, alligators, etc.)= all species;
squamata (all species of snakes only);
22
23
24
25
26
ill
(fil
(Z)
.{fil
21
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BILL
No. 23-17
28
(2)_
artiodactyla (such as hippopotamuses, giraffes, camels, etc.)= all species
except domestic cattle, swine, sheep, or goats;
29
30
31
32
33
34
35
36
37
38
39
.(lQ)
perissodactyla (such as zebras, rhinos, and tapirs)-:: all species except
domestic horses, donkeys, or mules;
(11)
struthioniformes (such as ostriches)= all species;
@
casuariiformes (such as emus)= all species;
.Lll)
Elasmobranchii (including nurse sharks and lemon sharks); and
.Ll.1}
Pinnipedia (including seals, sea lions, and walruses).l]
* * *
5-102. Administration.
* * *
(e)
Enforcement of [state] animal control laws. To the extent allowed by
State law, the Division may enforce any State animal control law and
any law under this Chapter. A reference in a State animal control law to
the "appropriate authority" (or any similar term) in the County means
the Division and any other County agency designated by regulation
adopted under method (3 ).
*
40
41
42
43
44
45
46
* *
5-201. Cruelty.
(a)
Violation r[under State Laws)).
A person must not violate State laws against cruelty to animals, such as
by:
47
48
49
50
*
* *
51
[[{hl
Additional violation: A person or business must not exhibit or
financially benefit from the exhibition of any performance animal in
~
traveling animal act.]]
52
53
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BILL No. 23-17
54
55
56
57
[({£}]] ,(bl
Regulations. The County Executive may issue regulations,
consistent with State law, to interpret and implement State anti-cruelty
laws in the County
[[!Q
interpret and enforce this subsection]].
* * *
Sec. 5-202. Dangerous and potentially dangerous animals.
58
59
60
61
(a)
Violation.
(1)
Except as provided in subsection [[(d)]](hla person must not import, sell,
trade, buy, barter, breed, raise, keep, or possess:
(A)
(B)
a wild animal; or
any animal that the County or any other jurisdiction finds is
dangerous or a threat to public health or safety, including
types of animals excluded from State law prohibitions on
dangerous animals.
62
63
64
65
66
67
68
69
* * *
(h)
[[Exception]] Exceptions.
ill
(2)
A dog serving a law enforcement agency is not a dangerous or potentially
dangerous animal or a guard dog under this Section.
Animals in the possession of an animal sanctuary are not dangerous or
potentially dangerous animals if the animal sanctuary:
(A)
is a nonprofit organization qualified under §501(c)(3) of the
Internal Revenue Code;
(B)
operates a place of refuge for abused. neglected. impounded.
abandoned, orphaned, or displaced wildlife; and
(
C)
does not conduct commercial activity with respect to any animal
of which the organization is an owner.
70
71
72
73
74
75
76
77
78
79
(3)
Wild animals do not include kangaroos. wallabies, or sugar gliders.
80
* *
~
*
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Animal Control - Prohibit Exihbition And Performance\Bill l O.Docx
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SILL NO. 23-17
81
82
83
5-204. Traveling Animal Act
-
Prohibited.
(ru
Definitions.
In this section, the following words have the meanings
indicated:
84
85
ill
Exhibition
means an act. circus, ride, or similar undertaking in
which a wild animal is required to perform tricks, give rides, or
participate as accompaniments for the entertainment. amusement,
or benefit of any live audience.
a)
Mobile or traveling housing facility
means a transporting vehicle
86
87
88
89
90
91
92
93
such as a heavy commercial vehicle as defined by Section
59.1.4.2. trailer. or railway car, used to move or house wild
animals.
ill
Traveling animal act
means the exhibition of a wild animal where
the animal is transported to, from. or between locations for
exhibition, in a mobile or traveling housing facility.
94
95
ill
Wild animal
means all animals classified in the following orders
96
97
or families except the species noted:
(A)
(ID
,(Q
non-human primates and prosimians;
felidae, except domestic cats;
canidae. except domestic dogs;
ursidae;
marsupialia;
proboscidea;
crocodilia;
artiodactyla, except domestic cattle, bison. American
buffalo, water buffalo, yak, zebu, gayal, bali cattle. suidae,
sheep. goats. llamas, or alpacas;
98
99
100
101
102
103
104
105
106
(D)
!EJ
ill
(
G)
(W
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BILL
No. 23-17
107
108
109
110
perissodactyla, except domestic horses, ponies, donkeys, or
mules;
ill
(K)
elasmobranchii; and
pinnipedia.
111
112
113
(bl
Prohibition.
A person or business must not charge guests or visitors a fee
to attend the exhibition of a wild animal in a traveling animal act.
Regulations.
The County Executive may issue regulations under Method
114
115
116
2, to interpret and enforce this subsection.
Approved:
117
118
Hans D. Riemer, President, County Council
Date
119
Approved:
120
121
122
123
124
125
126
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
~
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LEGISLATIVE REQUEST REPORT
Bill 23-17
Animal Control
-
Performance Animal
-
Violations
DESCRIPTION:
This Bill defines performance animals and prohibits a person or
business from exhibiting or financially benefit from the exhibition of
any performance animal. It also allows enforcement of the
prohibition.
Profiting by exhibition of wide animals creates an incentive for the
capture those animals and creates an excessive opportunity for animal
cruelty.
The goal is to remove the financial incentive for displaying wide
animals.
Police Department-Animal Control Division
To be requested.
To be requested.
To be requested.
To be researched.
Jeff Zyontz, Senior Legislative Analyst, 240 777 7896
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Violations with be subject Class A violation
(j)
f:\law\bills\1723 animal control - prohibit exihbition and performance\lrr.do1
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November 2, 2017
The Honorable Roger Berliner
Montgomery County Council President
100 Maryland Avenue
Rockville, MD 20850
RE:
Bill 23-17-Animal Control-Performance Animal-Violation
Dear President Berliner and Members of the Montgomery County Council:
After countless hours of deliberation with leaders of the Montgomery County Agricultural Fair, the agricultural
community and County officials, we cannot support the content of
Bill
23-17 in its current form. We believe that a work
group should be appointed by the County Council which includes Council staff and representatives of the Animal Services
Division, Fair and agricultural community so that we can better understand all implications and potential outcomes of this
legislation. The formation of such a group was recommended during the September 11th work session and we continue to
believe this represents the most productive path forward for all constituencies.
With no known violations concerning the care of exotic performance animals in Montgomery County, current regulations
appear to be working with the Animal Services Division meeting their obligations well. Nevertheless, we are eager to
understand better the concerns of the proponents of Bill 23-17 and to find an appropriate resolution to this matter. By
creating a work group, we can come to a joint understanding of the issues at hand and the need to develop a legislative
approach.
We plan to continue protecting the animals in our care while maintaining the excellent educational programming we
provide to our community. We oppose
Bill
23-17 in its current form because it risks altering fundamentally our ability to
continue our great traditions without evidence of harm to the traveling performance animals at our events. To be clear,
without the creation of a work group to review the reasons for and implications of the legislation, we must oppose
Bill
23-
17.
Sincerely,
Mark Ryba, President
Montgomery County Agricultural Center Inc.
6'/n..k.~
William F. Willard, Chair
Montgomery Ag. Producers
Cc: Montgomery County Council Members,
Jim Clifford, Esquire MC Agricultural Center, Inc.
tl~~ j-
DougUlider
Mont. Co. Ag. Advisory Committee
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Montgomery County Farm Bureau
PO Box 217, Damascus Maryland 20872
240-308-2978
mcfarmbureausecretary@gmail.com
www.montgomery.mdfarmbureau.com
Montgomery County
Farm Bureau®
11=.
The Honorable Roger Berliner, President
Montgomery County Council
100 Maryland Avenue, 6th Floor
Rockville, Maryland 20850
November 2, 2017
Dear Mr. Berliner:
The Montgomery County Farm Bureau (MCFB) opposes Bill 23-17. We believe it is an
unnecessary piece of legislation. Given existing animal cruelty laws at the State and County
levels and the fact there have been no known violations concerning traveling wild animal
shows in Montgomery County, a need for the Bill does not exist.
We greatly appreciate the efforts that Council staff have made to modify the bill based upon
our concerns and to narrow the focus of the bill; however, MCFB stands with the Ag
Community and cannot support this bill as written. MCFB sees merit in the County Council
assigning Bill 23-17 to a working group of stakeholders to thoroughly study any potential
future implications to agriculture and understand how other jurisdictions have addressed
similar situations.
Thank you again for working closely with the Ag Community.
Most Sincerely,
Michele
A.
Cropp
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Michele
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Cropp, President
Montgomery County Farm Bureau
240-304-7767
1
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November 3, 2017
The Honorable Roger Berliner
Montgomery County Council President
100 Maryland Avenue
Rockville, MD 20850
RE: Bill 23-17-Animal Control-Performance Animal-Violation
President Berliner and Members of the Montgomery County Council:
Bill 23-17 has made many twists and turns since it was originally written on February 2,
2017 as an Act, by Ashley Rhinehart RN, Senior Food and Nutrition Manager at the
Humane Society of the United States (HSUS), and sent to George Leventhal on April 12,
2017.
Since that time it has been considered for placement in Animal Cruelty, Chapter 5,
Animal Control, Sections 5-101, 5-102, and 5-201. This did not prove to be enforceable by
the Animal Welfare Division of Montgomery County as learned at the September 11,
2017 work session. Then it was to be placed in Sec. 5-202. Dangerous and Potentially
Dangerous animals, and this did not work either. Now it is being considered by amending
Chapter 5, Animal Control, Sections 5-101, 5-102, and 5-201, and
by
adding Chapter 5,
Animal Control, Section 5-204 Traveling Act.
The fact that it has been so difficult to designate where it should be placed in our code, and
that the Animal Welfare Division has no reports on record of animal cruelty by shows that
have exotic animals leads to the conclusion that Montgomery County Maryland does not
have an animal abuse problem and no need for Bill 23-17.
It has become commonplace to believe that humane treatment is not exercised
by
caretakers of performing animals and exhibits, but that could not be further from the
truth. Performing animals are well respected and are provided with a life full of excellent
medical care, environmental stimulation, and scientific based husbandry practices all of
which are regulated by the United States Department of Agriculture (USDA) under the
Animal Welfare Act (AWA). Those who violate animal cruelty laws should be
1-Iighlighding Youth, Agriculture
and
Volunteerism since 1949
16 Chestnut Stred
Gaftt!lnersll:mirg, Marylland 20877
301-926-3100 mcagfarur.com
@
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Page2
prosecuted under the laws that are in place to protect animals from abusive behavior.
Please remember that as of this date, there are no reported incidents of cruelty against
exotic animals in Montgomery County according to the records of our Animal Welfare
Division.
The intention to stop animal agriculture by the HSUS is evident when a Nutrition Manager
from their organization wrote the first version of Bill 23-17 that was sent to the County
Council.
Additionally:
vVayne Pacelle, president of the Humane Society of the United States, told
Animal People News his stated goal is to create "a National Rifle Association of
the animal rights movement." "Animals are no one's property, and they have the
right not be 'taken,' 'harvested,' or 'culled' or any other euphemism for murder
that wildlife managers use. They are no one's property, just as you and I are no
one's property other than our own."
Paul Shapiro, Vice President of Policy at HSUS, stated " eating meat causes
animal cruelty."
John "J.P." Goodwin, former Political Director at HSUS, currently Senior
Director of the Stop Puppy Mills campaign at HSUS told AR-Views, an animal
rights Internet discussion group, that "My goal is the abolition of all animal
agriculture".
This effort to pass Bill 23-17 is the first step in the slow demise of your Montgomery
County Agricultural Fair and animal agriculture in our community. There is no need to
create legislation to satisfy a philosophical agenda that is being promoted by the HSUS to
solve an animal abuse claim that Montgomery County data indicates does not exist. Their
goal is to promote animal regulation and then expand on legislation that is passed in local
communities to move forward with their plan to severely restrict and ultimately stop
animal agriculture.
~?
16 Chestnut Street
Martin E. Svrcek
Executive Director
Montgomery County Agricultural Fair
Highlighting Youth, Agriculture and Volunteerism since 1949
Gaithersburg, Maryland 20877
301-926-3100 mcagfair.com
(,j)
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AGENDA ITEM 7A
December 12, 2017
Action
MEMORANDUM
December 8, 2017
TO:
County Council
Jeffrey
L.
Zyon,{nior Legislative Analyst
Action:
Bill 23-17, Animal Control - Performance Animal - Violations
FROM:
SUBJECT:
Public Safety Committee Recommendation (3-0):
approve Bill 23-17 with the
following amendments
Delete all of the proposed new definitions in Section 5-101- Definitions (lines 6-35)
Delete all of the proposed changes to Section 5-201- Cruelty (lines 47-56)
Amend Section 5-202 Dangerous and potentially dangerous animals by:
Correcting the reference to the exception provision (line 60) and
Adding an exception for animals in the possession of an animal sanctuary
and particular marsupials (lines 71-79)
Add a new Section 5-204 Traveling Animal Act - Prohibition with the following
provisions:
1) Definitions for the terms "exhibition" (lines 84 - 87),
"mobile or traveling housing facility" (lines 88-91),
"traveling animal act" (lines 92- 94), and
"wild animal" (lines 95-110).
2) The prohibition of a person or business from charging guests or visitors a fee
to attend the exhibition of a wild animal in a traveling animal act (lines 111-
112).
3) The authority for the County Executive to issue regulations (lines 113-114).
Background
Bill 23-17, Animal Control - Performance Animal - Violations, sponsored by Lead
Sponsors Councilmembers Rice and Leventhal, Co-Sponsors Councilmembers Katz, Navarro,
Riemer, Elrich, Hucker, and then-Council President Berliner, was introduced on June 27. A public
hearing was held on July 18 and Public Safety Committee worksessions were held on September
11 and again on November 9.
The sponsors of Bill 23-17 want to protect wild animals. The Bill does this by removing
the financial incentives to exhibit such animals.
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As introduced, Bill 23-17 would:
Define the term "exhibit";
(1)
Define the term performance animal;
(2)
Prohibit financial benefiting from the exhibition of performance animals;
(3)
Authorize the Animal Control Division to enforce prohibited act; and
(4)
Generally amend the provisions concerning animal cruelty.
(5)
Issues
Should the Council defer action on Bill 23-17?
The Montgomery County Farm Bureau, the Montgomery Agricultural Producers, the
Montgomery County Agricultural Center Inc., the Montgomery County Agricultural Advisory
Committee and the Executive Director of the Montgomery County Agricultural Fair suggested the
establishment of a Committee to define the problem that instigated Bill 23-17 and perhaps resolve
the problem without legislation.
Deferring action is always an option. The Lead Sponsors of Bill 23-17 wish to proceed to
Council action on the amended Bill. The Public Safety Committee recommended enacting Bill
23-17 with amendments.
Why create a new section for traveling animal acts in the animal control law and remove the
proposed provision from the animal cruelty section of the Code?
The Committee recommended deleting all animals used in agriculture (raised for food,
fiber, or labor) from the list of animals prohibited in traveling animal acts. In making this
recommendation the Committee did not intend to imply that farm animals were excluded from
animals within the jurisdiction of the cruelty provision or to imply that farm animals are being
treated cruelly.
The Committee recommended adding a separate provision for traveling animal acts. This
retained the current provisions for "cruelty" and define wild animals for the sole purpose of
limiting fee based traveling animal acts.
Should there be an exception to the dangerous and wild animal act provisions?
The general prohibition on wild animals in the Code currently reads as follows:
Sec. 5-202. Dangerous and potentially dangerous animals.
Violation.
(a)
Except as provided in subsection (d), a person must not import, sell, trade,
(1)
buy, barter, breed, raise, keep, or possess:
a wild animal; or
(A)
any animal that the County or any other jurisdiction finds is
(B)
dangerous or a threat to public health or safety, including types of
animals excluded from State law prohibitions on dangerous animals.
2
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Subsection (d) concerns "restriction or condition, including confinement or microchipping
the animal, on the owner of a dangerous or potentially dangerous animal that is reasonably
expected to protect the public health or safety". The actual exception to the provision is subsection
(h), "A dog serving a law enforcement agency is not a dangerous or potentially dangerous animal
or a guard dog under this Section."
There is no specific exception to the prohibition on possessing wild animals for animal
rescues, sanctuaries, and rehabilitators permitted to operate in Maryland.
The Committee recommended adding the following 2 exceptions to prohibition on the
possession of wild or potentially dangerous animals:
1)
Animals in the possession of an animal sanctuary are not dangerous or potentially
dangerous animals if the animal sanctuary:
(A)
is a nonprofit organization qualified under §501(c)(3) of the Internal
Revenue Code;
(B)
operates a place of refuge for abused, neglected, impounded, abandoned,
orphaned, or displaced wildlife; and
(C)
does not conduct commercial activity with respect to any animal of which
the organization is an owner.
Wild animals do not include kangaroos, wallabies, or sugar gliders.
2)
The definition of an animal sanctuary is the same as the definition found in State law.
Kangaroos, wallabies and sugar gliders where excluded because of their existing presence
in the County and the absence of complaints.
1
There is only one documented case of a person
being killed by a Kangaroo. That occurred in 1936 when a hunter tried to save his dog from a battle
involving a kangaroo in New South Wales, Australia.
Why approve any version ofBill 23-17?
The use of animals as a form of amusement, entertainment or display is detrimental to the
safety of the public, including children and trainers. Wild animals pose a significant danger to
audience members, trainers, and the public at large. Travel or confinement impairs the animals'
physical, psychological, and social needs, while close confinement, lack of exercise, pressure to
perform, and other physical requirements of performing render the animals unable to express
natural behaviors and socialize appropriately. In addition, the training techniques, devices, or
agents used to make the animals perform are many times abusive, cruel, and/or stressful, causing
suffering to the animals and creating a greater threat to the public.
2
The incentive for profit increases the incentive to create traveling animal acts, to train
animals to perform on demand, and to short change animal care.
There is an on-going, USDA regulated business in Germantown that raises marsupials including kangaroos,
wallabies, and sugar gliders. Part of their business is having visitors to their property and bringing animals to
schools. Another part of their business is bringing baby animals to parties.
2
Animal Law Resource Center;
http:.
1
/www.animallaw.com/Model-Law-Circuses.cfm.
1
3
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What is the scope ofprohibited activity?
As introduced, Bill 23-17 would prohibit a person or business from exhibiting or
financially benefiting from the exhibition of any performance animal in a traveling animal act.
Performance animals are defined in the Bill.
3
A traveling animal act is not defined in the
Bill as introduced.
The Committee recommended adding a definition of traveling animal act:
The term 'traveling animal act' means 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.
4
With that definition, the Committee recommended that a "mobile or traveling housing facility"
should be defined:
Mobile or traveling housing facility means a transporting vehicle such as a heavy
commercial vehicle as defined by Section 59.1.4.2, trailer, or railway car, used to
move or house wild animals.
5
Currently it is a violation of the County Animal Control law to import, sell, trade, buy,
barter, breed, raise, keep, or possess a wild animal.
6
This provision has never been used to ban
traveling animal acts in the County. The act that causes a violation under Bill 23-17 is the
exhibition that charges a fee for visitors or guests to attend an animal performance in a traveling
animal act. The prohibited act, as recommended by the Committee is:
The Bill lists specific "orders" or "families" of animals with examples or exclusions. Within the science of taxonomy,
all living organisms are classified by their kingdom, phylum, class,
order,
family, genus and species.
4
This definition is identical to the definition of the same term in H.R. 1759 the "Traveling Exotic Animal and Public
Safety Protection Act".
5
Commercial Vehicle, Heavy: Any motor vehicle, tandem axle trailer, or semi- trailer used for carrying freight or
merchandise, or used in any commercial enterprise that is:
1.
greater than 10,000 pounds gross vehicle weight;
2.
rated by the manufacturer with a load capacity of more than one ton;
3.
21 feet long or longer, measured from the extremes of the vehicle, including any object on the vehicle; or
4.
more than 8 feet high, with properly inflated tires, measured from the ground to the highest part of the
vehicle, including any racks but excluding any antennas.
A heavy commercial vehicle does not include a recreational vehicle, a motor vehicle owned or operated by the
County or other government agency, a machine or a vehicle for agricultural use, or a tow truck that is less than
10,000 pounds gross vehicle weight, shorter than 21 feet in length as measured under subsection 3, and less than 8
feet high as measured under subsection 4.
6
Section 5-202 (a) 1; a wild animal is defined as, "An animal ofa species ofan untamable disposition, a species in a
state of nature, or a native self-sustaining species. All animals of these species are wild animals even if a particular
animal has characteristics that reflect domestication or taming." An exotic animal is defined in the code as, "a non-
native species
kept as a pet or livestock,
other than a rodent, rabbit or hare, or hoofed animal.
3
4
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A person or business must not charge guests or visitors a fee to attend the exhibition of a
wild animal in a traveling animal act.
Should there be exemptions for animals caredfor by certified humane zoos?
Some legislation exempt animals from facilities accredited by the Association of Zoos and
Aquariums (AZA). This organization started the voluntary accreditation process in 1974. Of the
approximately 2,800 animal exhibitors licensed by the USDA across the country, less than 10% are
AZA-accredited.
Another accrediting organization is the Zoological Association of America (ZAA). This is a
much younger organization. ZAA was formed in 2005.
7
The standards for animal care between the
2 organizations are different.
The Council must avoid delegating its authority to a private party. Allowing accreditation by
a third party to exempt some animal acts would be such a delegation. The Committee did not
recommend a specific exception for a business certified by either organization.
How did the Committee address educational opportunities?
The Committee's recommendation is intended to allow the use of animals for educational
opportunities when a fee (entrance fee, ticket, or minimum mandatory contribution) is NOT charged
to observe or learn from animals.
8
It is not the practice of schools to require a fee for events that are
part of its regular curriculum.
Bill 23-17 would not take away affordable and educational opportunities for residents in
Montgomery County.
9
The revised Bill would allow ANY animal act that is part of a school's
curriculum. Many traveling "zoos" bring farm animals (raised for food or fiber), or reptiles. These
animals would be allowed in traveling acts even when the event is out of school and a fee is charged.
There are traveling zoos that include some animals that would not be allowed by the Bill
(camels) if fees are charged.
Would the enactment of Bill 23-17 have any effect on the Montgomery County Agricultural Fair or
Agricultural fairs in general?
The ZAA was established by the merger of two pre-existing organizations - The International Society of Zooculturists
and the United Zoological Association.
8
Proposed federal legislation (HR 1759) would allow an exception for environmental education programs with the
following definition of education:
The term environmental education program means an animal exhibition that is professionally designed to
impart knowledge or information for educational or conservation purposes about that animal's natural
behavior, habitat, life cycle, or similar pedagogical information, conducted by an individual qualified to
impart such information, which does not include any performance of behavior that does not naturally occur
for that animal in the wild state.
9
The National Zoo is free, has an unmatched variety of animals, and is accessible by Metro. Wild animal acts in the
County have had entrance charges and are not required to be accessible by bus or rail.
7
5
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Due to the Fair's location, the Fair would not be affected by Bill 23-17. The prohibition on
performance animals would be part of the Animal Control Chapter of the Montgomery County Code.
The fairgrounds is located in the City of Gaithersburg. Activities in Gaithersburg is
not
subject to the
Animal Control Chapter of the Montgomery County Code.
Sometimes Gaithersburg sees the wisdom of County legislation and sometimes it finds
wisdom appropriate for the City.
10
The enactment or disapproval of Bill 23-17 may or may not
influence the City of Gaithersburg to enact a similar prohibition.
Even if the Agricultural Fair was held in unincorporated Montgomery County, all the animals
listed as on display at the Agricultural Fair would be allowed by Bill 23-17 as redrafted.
11
If
the fairgrounds is relocated to an unincorporated area of Montgomery County, the income
of the Montgomery County Agricultural Center Inc, who owns the fairgrounds would be negatively
impacted to the extent that the fairgrounds had the opportunity to rent their facilities to traveling
animal acts.
12
The fairgrounds has been rented to traveling animals acts in the past.
It is not the intent of Bill 23-17 to prohibit any agricultural fair that displays domesticated
animals that are raised for food, fiber, or common household pets. (In the following issue, the
Committee recommends excluding llamas, alpacas, emus, and ostriches from the list of prohibited
traveling animal acts.)
Martin E. Svrcek, the Executive Director of the Montgomery County Agricultural
Fairgrounds, would still request that "any animal act performed for educational purposes at the
Montgomery County Fair" be exempted from prohibited acts under the Bill.
Where did the list ofprohibited animals come from and is it too broad?
Staff did not have the competence to create the list of prohibited wild and exotic creatures in
Bill 23-1 7.
13
The list of animal orders, families and exclusions follows the model ordinance available
on the Born Free web site.
14
The major difference from that list is the inclusion of elasmobranchii
(sharks) and pinnipedia (seals, sea lions, and walruses).
Testimony noted that the list would prohibit domesticated animals such as llamas, alpacas,
ostriches, and emus.
"It is unwise to be too sure of one's own wisdom.
It
is healthy to be reminded that the strongest might weaken and
the wisest might err." Mahatma Gandhi
11
The animals listed on the Fair's website as being on display during the fair are: donkeys, mules, goats, horses, pigs,
poultry, water fowl, rabbits, and sheep.
12
Municipalities may choose to be regulated under the County's Animal Control Chapter. Gaithersburg has elected
not to be subject to that Chapter. Gaithersburg may be inspired to adopt its own prohibition on traveling animal acts,
but could occur with or without the Council's approval ofBill 23-17.
13
Staff's single contribution to any form ofbiological science was an academic composition on "Our Friend the Frog".
This paper was never published and was written decades before staff found gainful employment.
http://466a22 l d5fD08 l 643b32-
e5fd6e4345efD6428c08a34c I e533de0.r4.cfl .rackcdn.comiModel City Legislation Traveling Circus.pd[
14
10
6
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As everyone knows:
15
Artiodactyla
16
includes llamas and alpacas
Struthionformes
17
includes ostriches
Cauardiiformes
18
includes emus
The Committee recommended excluding these domestic animals (used for food, fiber, or pets) from
the definition of wild animal.
19
Should there be an additional exemption for agricultural activity?
On December 7, the Chair of the Public Safety Committee received the following message from
Jeremy Criss, the Director of the Office of Agricultural Services:
The agricultural community would be very appreciative of you if the language below is
inserted into the final version of Bill 23-17 that the County Council approves ....
Any agricultural activity as defined in the definition of agriculture and fanning
(Chapter 59) and conducted in accordance with the laws of the State of Maryland is
explicitly recognized as humane and exempt from any and all provisions of this
Chapter.
The enactment of this text would cover all of Chapter 5. The proposed text would be a self-imposed
form of state preemption.
It
would nullify all aspects of Chapter 5 that are different than state law.
Chapter 5 is explicitly aligned with state law with respect to animal cruelty (Section 5-201). Staff
does not know if the prohibition on dangerous and potentially dangerous animals is the same as State
Law and County law. Chapter 5 also has provisions for public nuisances (Section 5-203), and animal
That is everyone who has had the time to research taxonomy.
This order is characterized by either two or four (usually) hoofed toes on each foot, except for the peccary which has
four toes on each forefoot, but only three on the hind. The American forms of the order are divisible into two groups
based on the structure of the teeth, presence or absence of horns, and structure of the stomach and feet. The pig group
has crushing cheek teeth, upper incisors, a simple stomach, no horns, four hoofed toes, and includes the peccaries.
The cow group has rasping cheek teeth, no upper incisors, two or four hoofed toes on each foot, complex stomach,
and horns or antlers in most species. It includes the deer, elk and allies; cows and allies; and the pronghorn.
17
This is a small order of weak-flying, partridge-like birds and giant, flightless ratite birds found in the southern
continents. The struthioniforms are characterized by a palaeognathous palate, a break in the postnasal strut, close
approximation of the zygomatic process to the quadrate, and the structure of the rhamphotheca (the horny sheath
covering a bird's beak).
18
The Casuariiformes is an order of large flightless bird that has four surviving members: the three species of
cassowary, and the only remaining species of emu. They are classified as one family Casuariidae or two, with the emu
split off into its own family Dromaiidae. All four living members are native to Australia-New Guinea, but some
possible extinct tax.a occurred in other landmasses.
19
Proposed federal legislation (HR 1759) would exclude "farm animals" from prohibited animals and would define
farm animals as follows:
The term farm animal means any domestic species of alpacas, cattle, sheep, swine, goats, llamas, poultry, or
horses, which are normally and have historically, been kept and raised on farms in the United States, and
used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or
production efficiency, or for improving the quality of food or fiber. This term also includes animals such as
rabbits, mink, and chinchilla, when they are used solely for purposes of meat or fur, and animals such as
horses and llamas when used solely as work and pack animals. The term does not include exotic animals or
wild animals.
16
15
7
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business licenses (Section 5-404). The proposed text would exempt equestrian facilities (an
agricultural use) from County licensing (Section 5-404 (a)(4)).
Staff does not recommend the text suggested
by
Mr.
Criss.
This packet contains:
Bill 23-17 as revised
Legislative Request Report
Agricultural Community letters
Circle#
1
7
8
F:\LAW\BILLS\1723 Animal Control - Prohibit Exihbition And Performance\Action Memo.Docx
8
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23-17
Concerning: Animal
Control
Performance Animal - Violations
Revised: 11/16/2017DraftNo.
10
Introduced:
June 27 2017
Expires:
December 27, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'--'-No=-n=e_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
Bill No.
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Rice and Leventhal
Co-Sponsors: Councilmembers Katz, Navarro, Riemer, Elrich, Hucker and Council President
Berliner
AN ACT
to:
(1)
Define [[the term "exhibit"]] certain terms;
(2)
[[Define the term performance animal;
(3)]] Prohibit the exhibition of [[performance]] wild animals in a traveling animal act;
[[(4)]] filAuthorize the Animal Control Division to enforce the prohibited act; and
[[(5)]] filGenerally amend the provisions concerning animal cruelty.
By amending
Montgomery County Code
Chapter 5, Animal Control
Sections 5-101, 5-102, and 5-201
By adding
Chapter 5, Animal Control
Section 5-204
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 23-17
Sec.
1.
Sections 5-101, 5-102, and 5-201 are amended and Section 5-204 is
2
3
4
added as follows:
5-101. Definitions.
In this Chapter, the following words and phrases have the following meanings:
5
* * *
[[Display:
Any exhibit, fair, act, circus, ride, or similar undertaking in which
~
performanc e animal is required to perform tricks, give rides, or participate as
accompaniments for the entertainment, amusement, or benefit of another.]]
6
1
s
9
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* * *
[[Exhibit:
The display of~ performance animal for the financial benefit of any person
or business.]]
*
*
*
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14
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([Pe,:formance animal:
The following animals are performance animals. 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:
11
ill
ill
non-human primates and prosimians (such as chimpanzees, baboons,
monkeys, etc.)= all species;
felidae (such as lions, tigers, cougars, leopards, ocelots, servals, etc.)=
all species except domestic cats;
1s
19
20
21
ill
.(±)
canidae (such as wolves, coyotes, etc.)= all species except domestic
dogs;
ursidae (such as bears)-= all species;
marsupialia (such as kangaroos, etc.)-= all species;
proboscidae (such as elephants)= all species;
crocodilia (such as crocodiles, alligators, etc.)= all species;
squamata (all species of snakes only);
22
23
24
25
26
ill
(fil
(Z)
.{fil
21
F:\LAW\BILL~ Animal Control - Prohibit Exihbition And Perfonnance\Bill 1O.Docx
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BILL
No. 23-17
28
(2)_
artiodactyla (such as hippopotamuses, giraffes, camels, etc.)= all species
except domestic cattle, swine, sheep, or goats;
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30
31
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33
34
35
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37
38
39
.(lQ)
perissodactyla (such as zebras, rhinos, and tapirs)-:: all species except
domestic horses, donkeys, or mules;
(11)
struthioniformes (such as ostriches)= all species;
@
casuariiformes (such as emus)= all species;
.Lll)
Elasmobranchii (including nurse sharks and lemon sharks); and
.Ll.1}
Pinnipedia (including seals, sea lions, and walruses).l]
* * *
5-102. Administration.
* * *
(e)
Enforcement of [state] animal control laws. To the extent allowed by
State law, the Division may enforce any State animal control law and
any law under this Chapter. A reference in a State animal control law to
the "appropriate authority" (or any similar term) in the County means
the Division and any other County agency designated by regulation
adopted under method (3 ).
*
40
41
42
43
44
45
46
* *
5-201. Cruelty.
(a)
Violation r[under State Laws)).
A person must not violate State laws against cruelty to animals, such as
by:
47
48
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50
*
* *
51
[[{hl
Additional violation: A person or business must not exhibit or
financially benefit from the exhibition of any performance animal in
~
traveling animal act.]]
52
53
F:\LAW\BILL~ Animal Control - Prohibit Exihbition And Perfonnance\Bill 1O.Docx
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BILL No. 23-17
54
55
56
57
[({£}]] ,(bl
Regulations. The County Executive may issue regulations,
consistent with State law, to interpret and implement State anti-cruelty
laws in the County
[[!Q
interpret and enforce this subsection]].
* * *
Sec. 5-202. Dangerous and potentially dangerous animals.
58
59
60
61
(a)
Violation.
(1)
Except as provided in subsection [[(d)]](hla person must not import, sell,
trade, buy, barter, breed, raise, keep, or possess:
(A)
(B)
a wild animal; or
any animal that the County or any other jurisdiction finds is
dangerous or a threat to public health or safety, including
types of animals excluded from State law prohibitions on
dangerous animals.
62
63
64
65
66
67
68
69
* * *
(h)
[[Exception]] Exceptions.
ill
(2)
A dog serving a law enforcement agency is not a dangerous or potentially
dangerous animal or a guard dog under this Section.
Animals in the possession of an animal sanctuary are not dangerous or
potentially dangerous animals if the animal sanctuary:
(A)
is a nonprofit organization qualified under §501(c)(3) of the
Internal Revenue Code;
(B)
operates a place of refuge for abused. neglected. impounded.
abandoned, orphaned, or displaced wildlife; and
(
C)
does not conduct commercial activity with respect to any animal
of which the organization is an owner.
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71
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(3)
Wild animals do not include kangaroos. wallabies, or sugar gliders.
80
* *
~
*
F:\LAW\BILL~
Animal Control - Prohibit Exihbition And Performance\Bill l O.Docx
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SILL NO. 23-17
81
82
83
5-204. Traveling Animal Act
-
Prohibited.
(ru
Definitions.
In this section, the following words have the meanings
indicated:
84
85
ill
Exhibition
means an act. circus, ride, or similar undertaking in
which a wild animal is required to perform tricks, give rides, or
participate as accompaniments for the entertainment. amusement,
or benefit of any live audience.
a)
Mobile or traveling housing facility
means a transporting vehicle
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92
93
such as a heavy commercial vehicle as defined by Section
59.1.4.2. trailer. or railway car, used to move or house wild
animals.
ill
Traveling animal act
means the exhibition of a wild animal where
the animal is transported to, from. or between locations for
exhibition, in a mobile or traveling housing facility.
94
95
ill
Wild animal
means all animals classified in the following orders
96
97
or families except the species noted:
(A)
(ID
,(Q
non-human primates and prosimians;
felidae, except domestic cats;
canidae. except domestic dogs;
ursidae;
marsupialia;
proboscidea;
crocodilia;
artiodactyla, except domestic cattle, bison. American
buffalo, water buffalo, yak, zebu, gayal, bali cattle. suidae,
sheep. goats. llamas, or alpacas;
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99
100
101
102
103
104
105
106
(D)
!EJ
ill
(
G)
(W
F:\LAW\BILL~Animal Control - Prohibit Exihbition And Performance\Bill 1O.Docx
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BILL
No. 23-17
107
108
109
110
perissodactyla, except domestic horses, ponies, donkeys, or
mules;
ill
(K)
elasmobranchii; and
pinnipedia.
111
112
113
(bl
Prohibition.
A person or business must not charge guests or visitors a fee
to attend the exhibition of a wild animal in a traveling animal act.
Regulations.
The County Executive may issue regulations under Method
114
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116
2, to interpret and enforce this subsection.
Approved:
117
118
Hans D. Riemer, President, County Council
Date
119
Approved:
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122
123
124
125
126
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
~
F:\LAW\BILL~Animal Control - Prohibit Exihbition And Performance\Bill l O.Docx
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LEGISLATIVE REQUEST REPORT
Bill 23-17
Animal Control
-
Performance Animal
-
Violations
DESCRIPTION:
This Bill defines performance animals and prohibits a person or
business from exhibiting or financially benefit from the exhibition of
any performance animal. It also allows enforcement of the
prohibition.
Profiting by exhibition of wide animals creates an incentive for the
capture those animals and creates an excessive opportunity for animal
cruelty.
The goal is to remove the financial incentive for displaying wide
animals.
Police Department-Animal Control Division
To be requested.
To be requested.
To be requested.
To be researched.
Jeff Zyontz, Senior Legislative Analyst, 240 777 7896
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Violations with be subject Class A violation
(j)
f:\law\bills\1723 animal control - prohibit exihbition and performance\lrr.do1
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November 2, 2017
The Honorable Roger Berliner
Montgomery County Council President
100 Maryland Avenue
Rockville, MD 20850
RE:
Bill 23-17-Animal Control-Performance Animal-Violation
Dear President Berliner and Members of the Montgomery County Council:
After countless hours of deliberation with leaders of the Montgomery County Agricultural Fair, the agricultural
community and County officials, we cannot support the content of
Bill
23-17 in its current form. We believe that a work
group should be appointed by the County Council which includes Council staff and representatives of the Animal Services
Division, Fair and agricultural community so that we can better understand all implications and potential outcomes of this
legislation. The formation of such a group was recommended during the September 11th work session and we continue to
believe this represents the most productive path forward for all constituencies.
With no known violations concerning the care of exotic performance animals in Montgomery County, current regulations
appear to be working with the Animal Services Division meeting their obligations well. Nevertheless, we are eager to
understand better the concerns of the proponents of Bill 23-17 and to find an appropriate resolution to this matter. By
creating a work group, we can come to a joint understanding of the issues at hand and the need to develop a legislative
approach.
We plan to continue protecting the animals in our care while maintaining the excellent educational programming we
provide to our community. We oppose
Bill
23-17 in its current form because it risks altering fundamentally our ability to
continue our great traditions without evidence of harm to the traveling performance animals at our events. To be clear,
without the creation of a work group to review the reasons for and implications of the legislation, we must oppose
Bill
23-
17.
Sincerely,
Mark Ryba, President
Montgomery County Agricultural Center Inc.
6'/n..k.~
William F. Willard, Chair
Montgomery Ag. Producers
Cc: Montgomery County Council Members,
Jim Clifford, Esquire MC Agricultural Center, Inc.
tl~~ j-
DougUlider
Mont. Co. Ag. Advisory Committee
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Montgomery County Farm Bureau
PO Box 217, Damascus Maryland 20872
240-308-2978
mcfarmbureausecretary@gmail.com
www.montgomery.mdfarmbureau.com
Montgomery County
Farm Bureau®
11=.
The Honorable Roger Berliner, President
Montgomery County Council
100 Maryland Avenue, 6th Floor
Rockville, Maryland 20850
November 2, 2017
Dear Mr. Berliner:
The Montgomery County Farm Bureau (MCFB) opposes Bill 23-17. We believe it is an
unnecessary piece of legislation. Given existing animal cruelty laws at the State and County
levels and the fact there have been no known violations concerning traveling wild animal
shows in Montgomery County, a need for the Bill does not exist.
We greatly appreciate the efforts that Council staff have made to modify the bill based upon
our concerns and to narrow the focus of the bill; however, MCFB stands with the Ag
Community and cannot support this bill as written. MCFB sees merit in the County Council
assigning Bill 23-17 to a working group of stakeholders to thoroughly study any potential
future implications to agriculture and understand how other jurisdictions have addressed
similar situations.
Thank you again for working closely with the Ag Community.
Most Sincerely,
Michele
A.
Cropp
,-----------~
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by
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11/03/2017
I
J
Michele
A.
Cropp, President
Montgomery County Farm Bureau
240-304-7767
1
®
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November 3, 2017
The Honorable Roger Berliner
Montgomery County Council President
100 Maryland Avenue
Rockville, MD 20850
RE: Bill 23-17-Animal Control-Performance Animal-Violation
President Berliner and Members of the Montgomery County Council:
Bill 23-17 has made many twists and turns since it was originally written on February 2,
2017 as an Act, by Ashley Rhinehart RN, Senior Food and Nutrition Manager at the
Humane Society of the United States (HSUS), and sent to George Leventhal on April 12,
2017.
Since that time it has been considered for placement in Animal Cruelty, Chapter 5,
Animal Control, Sections 5-101, 5-102, and 5-201. This did not prove to be enforceable by
the Animal Welfare Division of Montgomery County as learned at the September 11,
2017 work session. Then it was to be placed in Sec. 5-202. Dangerous and Potentially
Dangerous animals, and this did not work either. Now it is being considered by amending
Chapter 5, Animal Control, Sections 5-101, 5-102, and 5-201, and
by
adding Chapter 5,
Animal Control, Section 5-204 Traveling Act.
The fact that it has been so difficult to designate where it should be placed in our code, and
that the Animal Welfare Division has no reports on record of animal cruelty by shows that
have exotic animals leads to the conclusion that Montgomery County Maryland does not
have an animal abuse problem and no need for Bill 23-17.
It has become commonplace to believe that humane treatment is not exercised
by
caretakers of performing animals and exhibits, but that could not be further from the
truth. Performing animals are well respected and are provided with a life full of excellent
medical care, environmental stimulation, and scientific based husbandry practices all of
which are regulated by the United States Department of Agriculture (USDA) under the
Animal Welfare Act (AWA). Those who violate animal cruelty laws should be
1-Iighlighding Youth, Agriculture
and
Volunteerism since 1949
16 Chestnut Stred
Gaftt!lnersll:mirg, Marylland 20877
301-926-3100 mcagfarur.com
@
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Page2
prosecuted under the laws that are in place to protect animals from abusive behavior.
Please remember that as of this date, there are no reported incidents of cruelty against
exotic animals in Montgomery County according to the records of our Animal Welfare
Division.
The intention to stop animal agriculture by the HSUS is evident when a Nutrition Manager
from their organization wrote the first version of Bill 23-17 that was sent to the County
Council.
Additionally:
vVayne Pacelle, president of the Humane Society of the United States, told
Animal People News his stated goal is to create "a National Rifle Association of
the animal rights movement." "Animals are no one's property, and they have the
right not be 'taken,' 'harvested,' or 'culled' or any other euphemism for murder
that wildlife managers use. They are no one's property, just as you and I are no
one's property other than our own."
Paul Shapiro, Vice President of Policy at HSUS, stated " eating meat causes
animal cruelty."
John "J.P." Goodwin, former Political Director at HSUS, currently Senior
Director of the Stop Puppy Mills campaign at HSUS told AR-Views, an animal
rights Internet discussion group, that "My goal is the abolition of all animal
agriculture".
This effort to pass Bill 23-17 is the first step in the slow demise of your Montgomery
County Agricultural Fair and animal agriculture in our community. There is no need to
create legislation to satisfy a philosophical agenda that is being promoted by the HSUS to
solve an animal abuse claim that Montgomery County data indicates does not exist. Their
goal is to promote animal regulation and then expand on legislation that is passed in local
communities to move forward with their plan to severely restrict and ultimately stop
animal agriculture.
~?
16 Chestnut Street
Martin E. Svrcek
Executive Director
Montgomery County Agricultural Fair
Highlighting Youth, Agriculture and Volunteerism since 1949
Gaithersburg, Maryland 20877
301-926-3100 mcagfair.com
(,j)