AGENDA ITEM SB
June 27, 2017
Introduction
MEMORANDUM
June 23, 2017
TO:
FROM:
SUBJECT:
County
Council/
Jeffry L. Zyontz, Senior Legislative Analyst
Introduction:
Bill 23-17, Animal Control-Performance Animal -Violations
Bill 23-17, Animal Control - Performance Animal -Violations, sponsored by Lead
Sponsors Councilmembers Rice and Leventhal, is scheduled to be introduced on June 27. A public
hearing is tentatively scheduled for July 18 at 1:30 p.m. The sponsors of Bill 23-17 want to protect
wild animals. The Bill does this by removing the financial incentives to exhibit such animals.
Bill 23-17 would:
( 1)
Define the term "exhibit";
(2)
Define the term performance animal;
(3)
Prohibit the exhibition of performance animals;
(4)
Authorize the Animal Control Division to enforce prohibited act; and
(5)
Generally amend the provisions concerning animal cruelty.
This packet contains:
Bill 23-17
Legislative Request Report
Circle#
1
4
F:\LAW\BILLS\1722 Animal Control - Prohibit Exihbition And Performance\Intro Memo.Docx
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Bill No.
23-17
Concerning: Animal
Control
Performance Animal - Violations
Revised: May 25, 2017
Draft No.
L
Introduced:
June 27 2017
Expires:
December 27, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _No~n~e_ _ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Rice and Leventhal
AN ACT
to:
(1)
(2)
(3)
(4)
(5)
Define the term "exhibit";
Define the term performance animal;
Prohibit the exhibition of performance animals;
Authorize the Animal Control Division to enforce prohibited act; and
Generally amend the provisions concerning animal cruelty.
By amending
Montgomery County Code
Chapter 5, Animal Control
Sections 5-101, 5-102, and 5-201
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from 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
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Sec. 1. Sections 5-101, 5-102, and 5-201 are amended as follows:
5-101. Definitions.
In this Chapter, the following words and phrases have the following meanings:
* * *
Exhibit:
The display of any animal or~ performance by any animal for the financial
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benefit of any person or business.
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* * *
Performance animal:
The following animals are performance animals. The animals
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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 ofanimals, unless otherwise
specified:
1O
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ill
ill
ill
ill
ill
{fil
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;
canidae (such as wolves, coyotes, etc.) = all species except domestic
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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);
artiodactyla (such as hippopotamuses, giraffes, camels, etc.) -: all
species except domestic cattle, swine, sheep, or goats;
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ill
.(fil
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.(22
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(l_Q}
perissodactyla (such as zebras, rhinos, and tapirs)= all species except
domestic horses, donkeys, or mules;
.QD
struthioniformes (such as ostriches)= all species; and
h:I
F:\LAWJ3~723 Animal Control - Prohibit Exihbition And Perfonnance\Bill 2.Docx
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BILL
No.
23-17
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01}
casuariiformes (such as emus)= all species.
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*
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).
*
5-201. Cruelty.
(a)
*
*
Violation under State Laws. A person must not violate State laws
against cruelty to animals, such as by:
*
Di}
*
*
Additional violation: A person or business must not exhibit or
financially benefit from the exhibition of any performance animal.
[[(b)]]
W
Regulations. The County Executive may issue regulations[[,
consistent with State law, to interpret and implement State anti-cruelty
laws in the County]] to interpret and enforce this subsection.
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Approved:
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Roger Berliner, President, County Council
Date
F:\LA
W\B~
723 Animal Control - Prohibit Exihbition And Performance\Bill 2.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
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