STM 11 20 19 Proposed by-law (Wild animal ban)
11.20.19 STM Art. 25
To see if the Town will vote to amend the Town’s General By-Laws by adding a new section to prohibit the display of wild or exotic animals in traveling animal acts for public entertainment or amusement and add this section to the table of contents; or act or do anything in relation thereto. A copy of which is on file with the Town Clerk and posted on the Town’s Website.
Sec 1. Definitions
As used in this Article, the following words and phrases have the following meanings:
Department means the [enforcement agency, such as the Department of Health and Human Services]
Director means the Director of the [enforcement agency, such as Department of Health and Human Services].
Display means any exhibition, fair, act, circus, ride, or similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience, whether or not a fee is charged. This Article shall not apply to educational programs or activities affiliated with a licensed zoo or rescue facility.
Mobile or traveling housing facility means a transporting vehicle such as a truck, trailer or railway car, used to transport or house animals while traveling for exhibition or other performance.
Traveling animal act means any display of animals where such animals are transported to, from, or between locations for the purpose of such display, in a mobile or traveling housing facility.
Wild or exotic animal means any live animal from any of the following scientific classifications:
- Artiodactyla (including hippopotamuses, giraffes, camels, but excepting cattle, bison, buffalo, swine, sheep, goats, llamas, and alpacas);
- Crocodilia (including alligators and crocodiles);
- Elephantidae (elephants);
- Felidae (including tigers, lions, jaguars, leopards, cheetahs, and cougars, or any hybrid thereof, but excluding domestic cats);
- Marsupialia (including kangaroos);
- Non-human primates (including apes, monkeys, and lemurs);
- Perissodactyla (including rhinoceroses, tapirs, and zebras, excepting horses, ponies, donkeys, and mules);
- Pinnipedia (including seals, sea lions, and walruses);
- Ursidae (bears);
- Elasmobranchii (including nurse sharks and lemon sharks)
Sec 2. Prohibited Acts
It shall be unlawful for any person to allow for the participation of a wild or exotic animal in a traveling animal acts.
Sec. 3. Enforcement and Penalties
This Bylaw shall be enforced by any available means in law or equity, including but not limited to enforcement by non-criminal disposition pursuant to M.G.L. c. 40, §21D. Display of a wild or exotic animal in violation of this bylaw shall constitute a separate violation for each day such violation exists for the display of each such animal. When enforced through non-criminal disposition, the penalties shall be as follows:
First violation: $100.00
Second violation: $200.00
Third violation and subsequent offenses: $300.00
The Board of Selectmen or its designee, the Board of Health or its agent, and any Police Officer of the Town of Mendon shall be considered “enforcing persons” for purposes of this bylaw.
Sec. 4. Violations of Article
Any person who violates any provision of this article shall be subject to punishment for a $500 maximum fine and 30 days in jail. Each day a violation continues to exist shall constitute a separate offense, as shall each wild or exotic animal exhibited.