ORD 2016 # 1 · Agenda item attachment · Feb 1 2016

FIRST PUBLICATION NUMBER 3395 City of Cambridge In the Year Two Thousand and Sixteen AN ORDINANCE In amendment to the Ordinance entitled “Municipal Code of the City of Cambridge” Be it ordained that in Title 6 entitled “Animals” a new Chapter 6.18 be added entitled “Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses” which reads as follows: Chapter 6.18 PROHIBITING THE USE OF WILD AND EXOTIC ANIMALS IN TRAVELING SHOWS AND CIRCUSES 6.18.010. Intent It is the intent of the Cambridge City Council to protect the public against hazards that wild and exotic animals used in traveling shows and circuses pose to society and to protect wild and exotic animals from cruel and inhumane treatment. 6.18.020. Definitions For the purpose of this chapter only, the following words and terms shall be deemed to mean and to be construed as follows: A. “Circus” means a class C licensee that is licensed under the Animal Welfare Act (7 USC Section 2131 et seq.) and its subsequent amendments, regulations, and standards adopted pursuant to the Act, that offers performances by live animals, clowns and/or acrobats. B. “Person” means an individual, partnership, corporation, joint venture, association, trust, estate, or any legal entity, and any officer, member, shareholder, director, employee, agent or representative of these. C. “Traveling show” means any mobile or stationary act or exhibition, circus, public show, trade show, photographic opportunity, carnival, city or county fair, ride, parade, race, performance, or similar undertaking incorporating wild or exotic animals wherein the animals are taken from their permanent residence and required to walk or travel for any distance. D. “Wild or exotic animal” means any or all of the following orders and families, whether born in the wild or in captivity, and also any or all of their hybrids with domestic species. 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: 1. Non-human primates and prosimians (such as chimpanzees, baboons, monkeys, etc.) –All species 2. Felidae (such as lions, tigers, cougars, leopards, ocelots, servals, etc.) – All species except domestic cats. 3. Canidae (such as wolves, coyotes, etc) – All species except domestic dogs. 4. Ursidae (such as bears) – All species. 5. Marsupialia (such as kangaroos, etc.) All species. 6. Proboscidae (such as elephants) – All species. 7. Crocodilia (such as crocodiles, alligators, etc.) – All species. 8. Artiodactyla (such as hippopotamuses, giraffes, camels, etc.)- All species except domestic cattle, swine, sheep or goats. 9. Perissodactyla (such as zebras, rhinos, and tapirs) - All species except domestic horses, donkeys or mules. 10. Struthioniformes (such as ostriches) -All species. 11. Casuariiformes (such as emus) - All species. E. “Wildlife sanctuary” means a 501 (c)(3) organization described in Section 170 (b)(1)(A)(vi) Internal Revenue Code 1986, and its subsequent amendments where: 1. No commercial trade in animals occurs (including, but not limited to, sale of animals, animal parts, by-products, offspring, photographic opportunities or public events for financial profit, or any other entertainment purposes), 2. No propaganda of animals occurs in the facility, and 3. No unescorted public visitation is allowed; no direct contact between the public and wild animals is allowed; animals are not taken from the sanctuary or enclosures for exhibition. 6.18.030. Prohibition It shall be unlawful for any person to conduct, sponsor, walk, exhibit, or operate a traveling show or circus that includes live wild or exotic animals on any public or private land within the City of Cambridge. 6.18.040. Enforcement Police officers, the Director of the Animal Commission or his or her designee shall have the power and authority to enforce the provisions of this chapter and perform all the duties imposed by the provisions of this ordinance. All fines and penalties assessed and collected under this chapter may be enforced by issuance of non-criminal tickets pursuant to G.L. c. 40, Section 21D, or as otherwise authorized by law. 6.18.050. Penalty

Any person, firm, or corporation violating this section shall be fined not less than $150 and not more than $300.00 dollars per animal per day, or as otherwise permitted by law. 6.18.060. Exceptions The provisions of this section shall not apply to: 1. Institutions accredited by the American Zoo and Aquarium Association, 2. Any wildlife sanctuary as defined under this ordinance, or 3. Any museum, educational, governmental or medical institution, or any other duly licensed place where such animals are kept for the purpose of instruction, treatment, or study. Passed to a second reading as amended at the City Council meeting held on January 25, 2016 and on or after February 8, 2016 the question comes on passing to be ordained. ATTEST:- Donna P. Lopez City Clerk