[HISTORY: Adopted by the Town Board of the Town of Greenburgh 5-22-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
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.
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.
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 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.
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 violation of § 345-2 is punishable by a fine not exceeding $1,000. Each day the violation is committed constitutes a separate offense.
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 display of wild or exotic animals for educational or therapeutic purposes under the sponsorship of the Greenburgh Nature Center.
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.
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.
- WILD OR EXOTIC ANIMAL
- Any of the following animals, including the following hybridized with domestic species:
- A. Nonhuman primates and prosimians.
- B. Felids, other than ordinary domesticated cats.
- C. Canis, including wolfs and wolf hybrids.
- D. Ursids.
- E. Elephants.
- F. Marine animals.
- G. Crocodilians.
- H. Marsupials.
- I. Snakes and reptiles.
- J. Ungulates.
- K. Hyenas.
- L. Mustelids.
- M. Procyonids.
- N. Endentates.
- O. Viverrids.
- P. Camels.
- Q. 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.