u[
Bill
No.
23-17
Concerning:
Animal
Control
Performance
Animal
-
Violations
11
Revised:
12/12/2017 Draft No.
Introduced:
June
27.2017
Enacted:
December
12.
2017
Executive:
December 18.
2017
Effective:
March 19.
2018
Sunset
Date: .....!..!.No=n=e'--_
_ _--:-_
Ch,
~,
Laws
of
Mont.
Co.
2017
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)]]
QlAuthorize the
Animal
Control Division
to
enforce
the prohibited act; and
[[(5)]]
~Generally
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
-
---
-
-
.
-
-- --
~-
--
.---~.
F
BILL
No.
23-17
Sec. 1. Sections 5-101,5-102, [and] 5-201 and 5-202 are amended and
2
3
4
Section 5-204 is added as follows:
5-101. Definitions.
In
this Chapter, the following words and phrases have the following meanings:
5
6
7
8
*
* *
[[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.]]
9
10
* * *
[[Exhibit:
The display of
~
performance animal for the fmancial benefit of any person
or business.]]
11
12
13
14
15
16
17
* * *
[[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:
ill
non-human primates and pro simians (such as chimpanzees, baboons,
monkeys, etc.)
=
all species;
felidae (such as lions, tigers, cougars, leopards, ocelots, servaIs, etc.)
=
all species except domestic cats;
18
19
20
21
22
23
24
25
ill
ill
canidae (such as wolves, coyotes, etc.)
dogs;
ursidae (such as bears)
=
all species;
marsupialia (such as kangaroos, etc.)
=
all species except domestic
26
27
ill
ill
®
ill
®
=
all species;
proboscidae (such as elephants)
=
all species;
crocodilia (such as crocodiles, alligators, etc.)
=
all species;
squamata (all species of snakes only);
-2-
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
28
29
30
m
artiodactyla (such as hippopotamuses, giraffes,
camels,
etc.)
=
all species
except domestic cattle, swine, sheep, or goats;
.QQ}
perissodactyla (such as zebras, rhinos, and tapirs) all species except
domestic horses, donkeys, or mules;
(11) struthioniformes (such as ostriches)
=
31
32
=
all species;
33
34
35
36
@
@
casuariiformes (such as emus)
=
all species;
* *
* *
Elasmobranchii (including nurse sharks and
lemon
sharks); and
.Clf}
Pinnipedia (including seals, sea lions, and walruses).]]
*
5-102. Administration.
37
38
*
(e)
39
40
41
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).
42
43
44
45
46
47
48
49
* * *
5-201. Cruelty.
(a)
Violation [[under State Laws)).
A person must not violate State
laws
against cruelty to animals, such as
by:
50
51
52
*
* *
[[(Q)
Additional violation: A person
or
business must
not
exhibit or
fmancially benefit from
the exhibition
of any
performance
animal
in
~
traveling animal
act.]]
53
-3 -
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
23-17
54
55
[[w]]
!hl
Regulations.
The
County
Executive may issue regulations,
consistent
with
State
law, to interpret and implement
State
anti-cruelty
laws in the County
56
57
58
U!Q
interpret
and enforce this subsection]]
.
* * *
Sec. 5-202. Dangerous and potentially dangerous animals.
(a)
Violation.
(1)
Except
as provided
in
subsection
H(
d)]](hla person must not import, sell,
trade,
buy, barter, breed, raise, keep, or possess:
59
60
61
62
63
64
(A)
(B)
a wild
animal;
or
any animal that the County or
any
other
jurisdiction
[mds
is
dangerous or a threat
to
public health or
safety, including
types of animals excluded
from
State
law prohibitions
on
dangerous animals.
65
66
67
68
*
*
(h)
[[Exception]]
Exceptions.
*
69
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 sanctuarv are not dangerous
or
potentially dangerous animals if the animal sanctuary:
(A)
is
a nonprofit organization qualified under §50lCc)(3) of the
Internal
Revenue
Code;
(B)
70
71
72
73
74
75
76
operates a place of
refuge
for abused, neglected,
impounded,
abandoned, orphaned, or displaced wildlife; and
77
78
(C)
does not conduct commercial activity with respect
to
any animal
of which the organization is an owner.
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
~
Definitions.
In this section. the following words have the meanmgs
83
84
indicated:
ill
Exhibition
means an act circus. ride. or similar undertaking in
85
86
87
88
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 facilitv
means a transporting vehicle
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.
m
~
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.
Wild animal
means all animals classified in the following orders
94
95
96
or families except the species noted:
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:
97
98
99
100
101
tID
(Q
CD)
102
103
!ID
!IJ
C
G)
104
105
106
!!D
107
108
m
ill
perissodactyla, except domestic horses. ponies, donkeys. or
mules:
elasmobranchii: and
-5 -
109
 PDF to HTML - Convert PDF files to HTML files
B
ILL
No. 23-17
110
111
112
113
114
115
116
117
(K)
pinnipedia.
!:lU
~
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.
Any activity. including agriculture and farming uses defmed
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)'
!£ll
Regulations.
The County Executive may issue regulations under Method
(2), to intemret and enforce this subsection.
-6-
 PDF to HTML - Convert PDF files to HTML files
B
ILL
No. 23-17
Approved:
Date
Approved:
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
-7
-
 PDF to HTML - Convert PDF files to HTML files
u[
Bill
No.
23-17
Concerning:
Animal
Control
Performance
Animal
-
Violations
11
Revised:
12/12/2017 Draft No.
Introduced:
June
27.2017
Enacted:
December
12.
2017
Executive:
December 18.
2017
Effective:
March 19.
2018
Sunset
Date: .....!..!.No=n=e'--_
_ _--:-_
Ch,
~,
Laws
of
Mont.
Co.
2017
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)]]
QlAuthorize the
Animal
Control Division
to
enforce
the prohibited act; and
[[(5)]]
~Generally
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
-
---
-
-
.
-
-- --
~-
--
.---~.
F
BILL
No.
23-17
Sec. 1. Sections 5-101,5-102, [and] 5-201 and 5-202 are amended and
2
3
4
Section 5-204 is added as follows:
5-101. Definitions.
In
this Chapter, the following words and phrases have the following meanings:
5
6
7
8
*
* *
[[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.]]
9
10
* * *
[[Exhibit:
The display of
~
performance animal for the fmancial benefit of any person
or business.]]
11
12
13
14
15
16
17
* * *
[[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:
ill
non-human primates and pro simians (such as chimpanzees, baboons,
monkeys, etc.)
=
all species;
felidae (such as lions, tigers, cougars, leopards, ocelots, servaIs, etc.)
=
all species except domestic cats;
18
19
20
21
22
23
24
25
ill
ill
canidae (such as wolves, coyotes, etc.)
dogs;
ursidae (such as bears)
=
all species;
marsupialia (such as kangaroos, etc.)
=
all species except domestic
26
27
ill
ill
®
ill
®
=
all species;
proboscidae (such as elephants)
=
all species;
crocodilia (such as crocodiles, alligators, etc.)
=
all species;
squamata (all species of snakes only);
-2-
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-17
28
29
30
m
artiodactyla (such as hippopotamuses, giraffes,
camels,
etc.)
=
all species
except domestic cattle, swine, sheep, or goats;
.QQ}
perissodactyla (such as zebras, rhinos, and tapirs) all species except
domestic horses, donkeys, or mules;
(11) struthioniformes (such as ostriches)
=
31
32
=
all species;
33
34
35
36
@
@
casuariiformes (such as emus)
=
all species;
* *
* *
Elasmobranchii (including nurse sharks and
lemon
sharks); and
.Clf}
Pinnipedia (including seals, sea lions, and walruses).]]
*
5-102. Administration.
37
38
*
(e)
39
40
41
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).
42
43
44
45
46
47
48
49
* * *
5-201. Cruelty.
(a)
Violation [[under State Laws)).
A person must not violate State
laws
against cruelty to animals, such as
by:
50
51
52
*
* *
[[(Q)
Additional violation: A person
or
business must
not
exhibit or
fmancially benefit from
the exhibition
of any
performance
animal
in
~
traveling animal
act.]]
53
-3 -
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
23-17
54
55
[[w]]
!hl
Regulations.
The
County
Executive may issue regulations,
consistent
with
State
law, to interpret and implement
State
anti-cruelty
laws in the County
56
57
58
U!Q
interpret
and enforce this subsection]]
.
* * *
Sec. 5-202. Dangerous and potentially dangerous animals.
(a)
Violation.
(1)
Except
as provided
in
subsection
H(
d)]](hla person must not import, sell,
trade,
buy, barter, breed, raise, keep, or possess:
59
60
61
62
63
64
(A)
(B)
a wild
animal;
or
any animal that the County or
any
other
jurisdiction
[mds
is
dangerous or a threat
to
public health or
safety, including
types of animals excluded
from
State
law prohibitions
on
dangerous animals.
65
66
67
68
*
*
(h)
[[Exception]]
Exceptions.
*
69
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 sanctuarv are not dangerous
or
potentially dangerous animals if the animal sanctuary:
(A)
is
a nonprofit organization qualified under §50lCc)(3) of the
Internal
Revenue
Code;
(B)
70
71
72
73
74
75
76
operates a place of
refuge
for abused, neglected,
impounded,
abandoned, orphaned, or displaced wildlife; and
77
78
(C)
does not conduct commercial activity with respect
to
any animal
of which the organization is an owner.
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
~
Definitions.
In this section. the following words have the meanmgs
83
84
indicated:
ill
Exhibition
means an act circus. ride. or similar undertaking in
85
86
87
88
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 facilitv
means a transporting vehicle
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.
m
~
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.
Wild animal
means all animals classified in the following orders
94
95
96
or families except the species noted:
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:
97
98
99
100
101
tID
(Q
CD)
102
103
!ID
!IJ
C
G)
104
105
106
!!D
107
108
m
ill
perissodactyla, except domestic horses. ponies, donkeys. or
mules:
elasmobranchii: and
-5 -
109
 PDF to HTML - Convert PDF files to HTML files
B
ILL
No. 23-17
110
111
112
113
114
115
116
117
(K)
pinnipedia.
!:lU
~
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.
Any activity. including agriculture and farming uses defmed
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)'
!£ll
Regulations.
The County Executive may issue regulations under Method
(2), to intemret and enforce this subsection.
-6-
 PDF to HTML - Convert PDF files to HTML files
B
ILL
No. 23-17
Approved:
Date
Approved:
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
-7
-