I
i
!
Bill No.
23-17
Control
Concerning: Animal
Performance Animal - Violations
Revised:
12/12/2017
Draft No.
11
Introduced:
June 27. 2017
Enacted:
December 12.2017
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N""'o.=n..:..;:e'---_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Rice and Leventhal
Co-Sponsors: Councilmembers Katz, Navarro, Riemer, EIrich, Hucker and Council President
Berliner
AN
ACT to:
(1)
Define [[the term "exhibit"]] certain terms;
(2)
[[Defme the term performance animal;
(3)]] Prohibit the exhibition of [[performance]] wild animals in a traveling animal act;
[[(4)]] mAuthorize the Animal Control Division to enforce the prohibited act; and
[[(5)]] (iLGenerally amend the provisions concerning animal cruelty.
By amending
Montgomery County Code
Chapter 5, Animal Control
Sections 5-101, 5-102, [and] 5-201 and 5-202
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:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
Sec. 1. Sections 5-101, 5-102, [and] 5-201 and 5-202 are amended and
2
3
Section 5-204 is added as follows:
5-101. Definitions.
In
this Chapter, the following words and phrases have the following meanings:
4
5
6
*
*
*
[[Display:
Any exhibit, fair, act, circus, ride, or similar undertaking in which
~
7
8
9
performance animal is required to perform tricks, give rides, or participate as
accompaniments for the entertainment, amusement, or benefit of another.]]
*
or business.]]
*
*
10
11
12
[[Exhibit:
The display of
~
performance animal for the financial benefit of any person
*
*
*
13
14
15
16
[[PerfOrmance 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:
17
18
19
20
ill
ill
ill
(1)
non-human primates and prosimians (such as chimpanzees, baboons,
monkeys, etc.)
=
all species;
=
all species except domestic
felidae (such as lions, tigers, cougars, leopards, ocelots, servaIs, etc.)
=
all species except domestic cats;
canidae (such as wolves, coyotes, etc.)
dogs;
ursidae (such as bears)
=
all species;
marsupialia (such as kangaroos, etc.)
=
all species;
proboscidae (such as elephants)
21
22
23
24
25
26
ill
®
ill
([)
=
all species;
crocodilia (such as crocodiles, alligators, etc.)
=
all species;
squamata (all species of snakes only);
-2-
27
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
28
29
30
{2}
artiodactyla (such as hippopotamuses, giraffes, camels, etc.)
except domestic cattle, swine, sheep, or goats;
=
all species
.QQ)
perissodactyla (such as zebras, rhinos, and tapirs)
domestic horses, donkeys, or mules;
(11) struthioniformes (such as ostriches)
=
all species;
=
all species except
31
32
33
34
35
36
37
38
39
40
41
42
43
44
@
casuariiformes (such as emus)
=
all species;
*
*
*
*
Ql)
Elasmobranchii (including nurse sharks and lemon sharks); and
.c.H2
Pinnipedia (including seals, sea lions, and walruses).]]
*
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] Method (3).
45
46
*
5-201. Cruelty.
(a)
*
*
47
48
49
Violation [[under State Lawsll.
A person must not violate State laws against cruelty to animals, such as
by:
50
51
52
53
*
*
*
[[@
Additional violation: A person or business must not exhibit or
financially benefit from the exhibition of any performance animal in
~
traveling animal act.]]
-3 -
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
54
55
56
57
58
59
60
61
62
63
64
65
66
[[!£)]]
(bJ
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]].
*
(a)
Violation.
(1)
*
*
Sec. 5-202. Dangerous and potentially dangerous animals.
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 fmds is
dangerous or a threat to public health or safety, including
types of animals excluded from State law prohibitions on
dangerous animals.
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 sanctuarv:
(A)
70
71
72
73
is a nonprofit organization qualified under §501(c)(3) of the
Internal Revenue Code:
74
75
(B)
operates a place of refuge for abused. neglected. impounded,
abandoned. orphaned. or displaced wildlife: and
76
77
(C)
does not conduct commercial activity with respect to any animal
of which the organization is an owner.
78
79
(3)
Wild animals do not include kangaroos, wallabies, or sugar gliders.
80
81
*
*
-4-
*
5-204. Traveling Animal Act - Prohibited.
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
82
W
Definitions.
In
this section. the following words have the meanings
83
indicated:
84
85
86
87
88
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.
ill
Mobile or traveling housing facility
means a transporting vehicle
89
90
91
92
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
93
94
the animal is transported to. from. or between locations for
exhibition. in a mobile or traveling housing facility.
95
ill
Wild animal
means all animals classified in the following orders
96
or families except the species noted:
97
98
99
100
101
102
103
104
105
106
107
108
109
CA)
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:
LID
(Q
!Ill
!E)
(f)
C
G)
!H)
ill
ill
perissodactyla. except domestic horses. ponies. donkeys. or
mules:
elasmobranchii: and
-5 -
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
110
111
112
113
114
115
116
117
(K)
pinnipedia.
!lil
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.
!£J
Any activity. including agriculture and fanning uses defined by Chapter
59. that uses animals other than those identified as wild under Subsection
5-204(a)(4) is exempt from the prohibition in Subsection 5-204(b).
@
Regulations.
The County Executive may issue regulations under Method
(2). to interpret and enforce this subsection.
- 6-
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nun! _
- - - - - - - -
-----------
---
BILL
No. 23-17
Approved:
Date
Approved:
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk of the Council
Date
-7 -
 PDF to HTML - Convert PDF files to HTML files
I
i
!
Bill No.
23-17
Control
Concerning: Animal
Performance Animal - Violations
Revised:
12/12/2017
Draft No.
11
Introduced:
June 27. 2017
Enacted:
December 12.2017
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N""'o.=n..:..;:e'---_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Rice and Leventhal
Co-Sponsors: Councilmembers Katz, Navarro, Riemer, EIrich, Hucker and Council President
Berliner
AN
ACT to:
(1)
Define [[the term "exhibit"]] certain terms;
(2)
[[Defme the term performance animal;
(3)]] Prohibit the exhibition of [[performance]] wild animals in a traveling animal act;
[[(4)]] mAuthorize the Animal Control Division to enforce the prohibited act; and
[[(5)]] (iLGenerally amend the provisions concerning animal cruelty.
By amending
Montgomery County Code
Chapter 5, Animal Control
Sections 5-101, 5-102, [and] 5-201 and 5-202
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:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
Sec. 1. Sections 5-101, 5-102, [and] 5-201 and 5-202 are amended and
2
3
Section 5-204 is added as follows:
5-101. Definitions.
In
this Chapter, the following words and phrases have the following meanings:
4
5
6
*
*
*
[[Display:
Any exhibit, fair, act, circus, ride, or similar undertaking in which
~
7
8
9
performance animal is required to perform tricks, give rides, or participate as
accompaniments for the entertainment, amusement, or benefit of another.]]
*
or business.]]
*
*
10
11
12
[[Exhibit:
The display of
~
performance animal for the financial benefit of any person
*
*
*
13
14
15
16
[[PerfOrmance 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:
17
18
19
20
ill
ill
ill
(1)
non-human primates and prosimians (such as chimpanzees, baboons,
monkeys, etc.)
=
all species;
=
all species except domestic
felidae (such as lions, tigers, cougars, leopards, ocelots, servaIs, etc.)
=
all species except domestic cats;
canidae (such as wolves, coyotes, etc.)
dogs;
ursidae (such as bears)
=
all species;
marsupialia (such as kangaroos, etc.)
=
all species;
proboscidae (such as elephants)
21
22
23
24
25
26
ill
®
ill
([)
=
all species;
crocodilia (such as crocodiles, alligators, etc.)
=
all species;
squamata (all species of snakes only);
-2-
27
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
28
29
30
{2}
artiodactyla (such as hippopotamuses, giraffes, camels, etc.)
except domestic cattle, swine, sheep, or goats;
=
all species
.QQ)
perissodactyla (such as zebras, rhinos, and tapirs)
domestic horses, donkeys, or mules;
(11) struthioniformes (such as ostriches)
=
all species;
=
all species except
31
32
33
34
35
36
37
38
39
40
41
42
43
44
@
casuariiformes (such as emus)
=
all species;
*
*
*
*
Ql)
Elasmobranchii (including nurse sharks and lemon sharks); and
.c.H2
Pinnipedia (including seals, sea lions, and walruses).]]
*
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] Method (3).
45
46
*
5-201. Cruelty.
(a)
*
*
47
48
49
Violation [[under State Lawsll.
A person must not violate State laws against cruelty to animals, such as
by:
50
51
52
53
*
*
*
[[@
Additional violation: A person or business must not exhibit or
financially benefit from the exhibition of any performance animal in
~
traveling animal act.]]
-3 -
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
54
55
56
57
58
59
60
61
62
63
64
65
66
[[!£)]]
(bJ
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]].
*
(a)
Violation.
(1)
*
*
Sec. 5-202. Dangerous and potentially dangerous animals.
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 fmds is
dangerous or a threat to public health or safety, including
types of animals excluded from State law prohibitions on
dangerous animals.
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 sanctuarv:
(A)
70
71
72
73
is a nonprofit organization qualified under §501(c)(3) of the
Internal Revenue Code:
74
75
(B)
operates a place of refuge for abused. neglected. impounded,
abandoned. orphaned. or displaced wildlife: and
76
77
(C)
does not conduct commercial activity with respect to any animal
of which the organization is an owner.
78
79
(3)
Wild animals do not include kangaroos, wallabies, or sugar gliders.
80
81
*
*
-4-
*
5-204. Traveling Animal Act - Prohibited.
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
82
W
Definitions.
In
this section. the following words have the meanings
83
indicated:
84
85
86
87
88
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.
ill
Mobile or traveling housing facility
means a transporting vehicle
89
90
91
92
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
93
94
the animal is transported to. from. or between locations for
exhibition. in a mobile or traveling housing facility.
95
ill
Wild animal
means all animals classified in the following orders
96
or families except the species noted:
97
98
99
100
101
102
103
104
105
106
107
108
109
CA)
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:
LID
(Q
!Ill
!E)
(f)
C
G)
!H)
ill
ill
perissodactyla. except domestic horses. ponies. donkeys. or
mules:
elasmobranchii: and
-5 -
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
110
111
112
113
114
115
116
117
(K)
pinnipedia.
!lil
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.
!£J
Any activity. including agriculture and fanning uses defined by Chapter
59. that uses animals other than those identified as wild under Subsection
5-204(a)(4) is exempt from the prohibition in Subsection 5-204(b).
@
Regulations.
The County Executive may issue regulations under Method
(2). to interpret and enforce this subsection.
- 6-
 PDF to HTML - Convert PDF files to HTML files
nun! _
- - - - - - - -
-----------
---
BILL
No. 23-17
Approved:
Date
Approved:
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk of the Council
Date
-7 -