[Added 12-1-2022 by Ord. No. 22.192]
A.
Purpose. This section is to protect wild and exotic animals from
cruel and inhumane treatment for entertainment purposes.
B.
PERSON
TRAVELING SHOW
WILD OR EXOTIC ANIMAL
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
WILDLIFE SANCTUARY
(1)
(2)
(3)
Definitions. For the purpose of this section only, the following
words and terms shall be deemed to mean and to be construed as follows:
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.
Any mobile or stationary act or exhibition, circus [a class
C licensee, licensed pursuant to the Animal Welfare Act (7 U.S.C.
§ 2131 et seq.)], 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 travel for any distance.
Any or all of the following species, orders and families,
whether born in the wild or in captivity, and also any or all of their
hybrids, including 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:
Nonhuman 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.
Proboscidea (such as elephants) - all species.
Crocodilia (such as crocodiles, alligators, etc.) - all species.
Hippopotamuses, giraffes, and camels.
Zebras, rhinos, and tapirs.
Struthioniformes (such as ostriches) - all species.
Casuariiformes (such as emus) - all species.
Pinnipeds (such as sea lions) - all species.
Squatiniformes (such as sharks) - all species.
A 501(c)(3) organization described in Section 170(b)(1)(A)(vi),
Internal Revenue Code 1986, and its subsequent amendments where:
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);
No propagation of animals occurs in the facility; and
No direct contact between the public and wild animals is allowed;
animals are not taken from the sanctuary or enclosures for exhibition.
C.
Prohibition. It shall be unlawful for any person to conduct, sponsor,
exhibit, or provide entertainment that includes live wild or exotic
animals on any public or private land within the City of Northampton,
MA.
D.
Exceptions. The provisions of this section shall not apply to:
(1)
Any wildlife sanctuary as defined under this section;
(2)
An exhibition that takes place at a nonmobile, permanent institution
or other fixed facility, provided that the wild or exotic animal is
not transported to such location for the purpose of such exhibition;
or
(3)
Any demonstrations or exhibitions by a college or university for
bona fide educational or research purposes, and not for amusement
or entertainment purposes.
