AGENDA ITEM 5B
June 27, 2017
Introduction
Addendum
MEMORANDUM
June 27, 2017
TO:
FROM:
SUBJECT:
County Council~
Jeffry L. Zyon~enior Legislative Analyst
Introduction Addendum:
Bill 23-17, Animal Control - Performance Animal -
Violations
The sponsors of Bill 23-17 wish to replace the June 23, 2017 memorandum with the
attached Bill. The revisions for introduction include:
An added definition of "display"
Editorial changes to the definition of "exhibit"
The addition of elasmobranchii and pinnipedia in the list of performance animals; and
A limit on violations to performance animal in a traveling animal act.
This packet contains:
Bill 23-17
Circle#
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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: June 27, 2017
Draft
No.~
Introduced:
June 27 2017
Expires:
December 27 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'--'N=on=e'--------
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead S'ponsors: 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:
* *
*
Display:
Any exhibit, fair, act, circus, ride, or similar undertaking in which~
performance animal is required to perform tricks, give rides, or participate as
accompaniments for the entertainment, amusement, or benefit of another.
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* *
or business.
*
Exhibit:
The display of~ performance animal for the financial benefit of any person
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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 of animals, unless otherwise
specified:
ill
ill
ill
(1}
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
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);
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ill
.(fil
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ill
.(]}
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F:\LA~ 7 2 3 Animal Control - Prohibit Exihbition And Perfonnance\Bill 3.Docx
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BILL
No. 23-17
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.(22
artiodactyla (such as hippopotamuses, giraffes, camels, etc.)-: all
species except domestic cattle, swine, sheep, or goats;
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.QQ}
perissodactyla (such as zebras, rhinos, and tapirs)= all species except
domestic horses, donkeys, or mules;
.(ll}
.Lll)
struthioniformes (such as ostriches)= all species;
casuariiformes (such as emus)-: all species;
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(Ll}
Elasmobranchii (including nurse sharks and lemon sharks); and
.Qi}
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 undet· method (3).
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*
5-201. Cruelty.
(a)
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*
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Violation under State Laws. A person must not violate State laws
against cruelty to animals, such as by:
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*
.(hl
*
*
Additional violation: A person or business must not exhibit or
financially benefit from the exhibition of any performance animal in~
traveling animal act.
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BILL
No. 23-17
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[[(b)]]
{8
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
Approved:
Date
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Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
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Linda M. Lauer, Clerk of the Council
Date
C:\Users\PECORK\Appdata~icrosoft\Windows\Inetcache\ContentOutlook\M807VIZO\Bill 3.Docx