[HISTORY: Adopted by the Town Board of the Town of Greenburgh 5-22-2002
by L.L. No. 1-2002. Amendments noted where applicable.]
A.
The Town Board finds that the display and use of wild
or exotic animals is dangerous to public health and safety. Certain exhibitions
featuring animals bring non-native animal species, particularly those made
attractions by their size or reputation for danger, in close contact with
humans. In certain instances, these creatures are made a special feature for
children. The animals may live in substandard conditions completely alien
to their natural habitats, with poor diet, inadequate exercise and generally
substandard living conditions. Instances of animals escaping from exhibitions,
stampeding and attacking people, causing injury and death, have been documented.
B.
Bringing the public into close proximity with these animals
creates an unnecessary hazard to members of the public, as well as operators
and performers of these displays. The Board intends, by adoption of this chapter
into law, to minimize hazards to the physical and mental health of the public
and to promote the protection of animals by prohibiting the display of wild
or exotic animals on Town property.
C.
This chapter also intends to enhance the protection of
animals. By limiting the commercial venues of displays and rodeos, opportunities
to profit from subjecting animals to cruel activities for amusement and entertainment
will be restricted.
A.
A person must not conduct or operate a display of wild
or exotic animals on any property located within the Town of Greenburgh in
which the Town has a property interest.
B.
A person shall not conduct or operate a rodeo on any
property located within the Town of Greenburgh in which the Town has a property
interest.
A.
A violation of § 345-2 is punishable by a fine not exceeding $1,000. Each day the violation is committed constitutes a separate offense.
B.
A second and subsequent violation for the same offense
is punishable by a fine of not more than $2,500. Each day the violation is
committed constitutes a separate offense.
The following displays of animals are exempt from this chapter:
A.
A display of wild or exotic animals for educational or
therapeutic purposes under the sponsorship of the Greenburgh Nature Center.
B.
A display of wild or exotic animals for educational or
therapeutic purposes under the sponsorship of institutions accredited by the
American Zoological Association or the Association of Sanctuaries.
C.
Other than fights and rodeos, a display consisting of
one or more domesticated species, including cats, dogs, horses, cows, sheep
or llamas.
As used in this chapter, the following terms shall have the meanings
indicated:
Any exhibition, act, circus, public show, trade show, photographic
opportunity, carnival, ride, parade, race, performance or similar undertaking
in which animals perform tricks, fight or participate in performances for
the amusement or entertainment of an audience.
An individual, partnership, corporation, joint venture, association,
trust, estate or any other legal entity and any officer, member, shareholder,
director, employee, agent or representative of these.
A public performance featuring bronco riding, calf roping, steer
wrestling, or bull riding.
Any of the following animals, including the following
hybridized with domestic species:
Nonhuman primates and prosimians.
Felids, other than ordinary domesticated cats.
Canis, including wolfs and wolf hybrids.
Ursids.
Elephants.
Marine animals.
Crocodilians.
Marsupials.
Snakes and reptiles.
Ungulates.
Hyenas.
Mustelids.
Procyonids.
Endentates.
Viverrids.
Camels.
Cetaceans.
If any clause, sentence, paragraph, subdivision, section or part of
this chapter or the application to any person or circumstance be adjudged
by any court of competent jurisdiction invalid or unconstitutional, that order
or judgment will not affect, impair or invalidate the remainder thereof but
will be confined in its operation to the clause, sentence, paragraph, subdivision,
section or part of this chapter, or its application to the person or circumstance
directly involved in the controversy in which that order or judgment is rendered.
This chapter will take effect on July 1, 2002.
