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Ordinance amending the Pittsburgh City Code at Title 6: Conduct, Article III: Dogs, Cats and other animals, by repealing Chapter 636: Wild Animals and replacing it with a new Chapter 636 prohibiting the performance of wild or exotic animals for public entertainment or amusement and establishing guidelines for the possession of wild animals.

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WHEREAS, the tricks that exotic and non-domesticated animals are forced to display in public showings such as circuses, photographic opportunities and other performances require extreme physical coercion techniques, including the restriction of food, the use of elephant hooks (objects used to control and punish elephants), electric shocks, metal bars, whips, and other forms of physical abuse; and

WHEREAS, public performances involving substantial travel, such as circuses and film shoots, are detrimental to animal welfare due to the adverse effects of captivity and transport; and

WHEREAS, due to severe confinement, lack of free exercise, and the restriction of natural behaviors, wild and exotic animals used in public performances suffer and are prone to health, behavioral, and psychological problems; and 

WHEREAS, the welfare of animals subject to the conditions involved with public performances, such as constant travel, limited facilities, long periods of restriction of movement, stress, and physical coercion, will inevitably be compromised, which can lead to increased risks to public safety; and

WHEREAS, animals displayed in public performances pose an additional risk to public safety because such animals have wild instincts and needs and have demonstrated unpredictability; and

WHEREAS, the collapsible, temporary facilities often used in public performances increase the risk of escaping exotic and non-domesticated animals seriously harming workers and the public; and

WHEREAS, public performances bring people dangerously close to exotic and non-domesticated animals by displaying animals in inappropriate, uncontrolled areas that are not suited for the exhibition of such animals;

WHEREAS, due to the mobile and transitory nature of several forms of public performances, such as travelling circuses and film shoots, law enforcement authorities cannot properly monitor the conditions of the animals or follow up on previous infractions; and

WHEREAS, restricting the use of exotic and non-domesticated animals in public performances is the most cost-effective and efficient way to safeguard both animal welfare and public safety; and

WHEREAS, animal-free circuses like Cirque du Soleil are growing in number, economic impact, and popularity, a testament to an educated public's desire to see humane entertainment.

WHEREAS, the Council of the City of Pittsburgh deems it advisable for the welfare of the city and the prevention of animal cruelty to prohibit the performance of wild or exotic animals for public entertainment or amusement within the City.

Now, Therefore, the Council of the City of Pittsburgh enacts as follows:

Section 1:                      Amending the Pittsburgh City Code Chapter 636 of the Code of Ordinances of the City of Pittsburgh, entitled “Wild Animals” and located within Article III: Dog, Cats and Other Animals of Title 6: Conduct, is repealed in its entirety and replace with the following:

CHAPTER 636 - PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT

§ 636.01 STATEMENT OF PURPOSE

The purpose of this Chapter is to protect wild and exotic animals from cruel and inhumane treatment and to protect the public from the danger posed by the use of wild and exotic animals for entertainment.

 636.02 DEFINITIONS

CAUSE A PERFORMANCE - to be responsible for the management of a Performance, to financially benefit as an owner or operator from a Performance, or to sponsor a Performance.

COMPANION ANIMAL - any type of animal that is commonly kept by persons as a pet or for companionship and includes but is not limited to domesticated dogs, domesticated cats, ferrets, gerbils, guinea pigs, hamsters, horses, mice, rabbits, and rats.

DOMESTIC ANIMAL - any animal that is Livestock, a Companion Animal, or both.

LIVESTOCK - poultry, cattle, swine, sheep, goats, horses, donkeys, and mules.

PERFORMANCE - any public showing, presentation, display, exposition, fair, act, circus, ride, trade show, petting zoo, carnival, parade, race, photographic opportunity, exhibition, or similar undertaking in which animals are required to perform tricks, fight, or participate as accompaniments for the entertainment, amusement, or benefit of an audience.

PERSON - any individual, establishment, firm, association, organization, partnership, trust, corporation, or company.

WILD OR EXOTIC ANIMAL - includes but is not limited to the following orders or families, or similar orders or families, whether bred in the wild or in captivity, and any hybrid thereof, including with Domestic Animals. The examples identified in parentheses are not intended to be an exhaustive list and do not limit the generality of each group of animals, unless otherwise specified:

   (a)   Non-human primates (chimpanzees, lemurs and monkeys)

   (b)   Felidae (except domesticated cats)

   (c)   Canidae (except domesticated dogs)

   (d)   Ursidae (bears)

   (e)   Proboscidea (elephants)

   (f)   Cetacea (whales, dolphins, porpoises)

   (g)   Crocodilia (alligators, crocodiles)

   (h)   Marsupialia (kangaroos, opossums)

   (i)   Perissodactyla (rhinoceroses, tapirs, zebras, but not horses, donkeys, or mules)

   (j)   Artiodactyla (hippopotamuses, giraffes, camels, but not cattle, swine, sheep, or goats

   (k)   Hyaenidae

   (l)   Mustelidae (skunks, weasels, otters, badgers)

   (m)   Procyonidae (raccoons, coatis)

   (n)   Edentata (anteaters, sloths, armadillos)

   (o)   Viverridae (mongooses, civets, genets)

   (p)   Pinnipedia (seals, sea lions, walruses)

   (q)   Struthioniformes (ostriches)

   (r)   Casuariiformes (emus)

§ 636.03 PERFORMANCE OF WILD OR EXOTIC ANIMALS PROHIBITED

It shall be unlawful for any Person to Cause a Performance of any Wild or Exotic Animal on any public or private property within the City of Pittsburgh.

§ 636.04 EXEMPTIONS

 (a)   The following are exempt from the provisions of Section 636.03:

                     (1)                     The Pittsburgh Zoo & PPG Aquarium, located at One Wild Place, Pittsburgh, PA 15206.

                     (2)   The involvement of animals in activities or enterprises endorsed or accredited by any of the following: the Association of Zoos and Aquariums, the Global Federation of Animal Sanctuaries, and the American Alliance of Museums.

                     (3)   Licensed veterinary hospitals or state-licensed veterinarians for the purpose of providing treatment of to a wild or exotic animal.

                     (4)                      The rehabilitation of wild animals by a person holding a wildlife rehabilitator’s license(s) and/or permit(s) as required by federal, state and local laws and regulations.

 (b)   In its discretion, the City of Pittsburgh Bureau of Animal Care and Control may on a case-by-case basis grant an exemption from the provisions of Section 636.03 following a written application for an exemption, where the proposed activity or enterprise is substantially similar in nature or purpose to an exemption provided in this Section 636.04.

§ 636.05 PERMITS REQUIRED FOR POSSESSION OF WILD ANIMALS

In addition to the prohibition described in Section 636.03, and without altering the validity or scope of this Chapter 636, no person shall purchase, receive, possess, import into this Commonwealth, sell, locate or find for a fee, barter, donate, give away or otherwise dispose of exotic wildlife in the City of Pittsburgh except as permitted by the Pennsylvania Game and Wildlife Code, 34 Pa. C.S. §§ 2961-2965, the regulations of the Pennsylvania Game Commission, 58 Pa. Code § 137.1 et seq., and any other applicable federal, state or local laws or regulations, including this Chapter 636.

§ 636.06 IMPLEMENTATION AND ENFORCEMENT

Chapter 636 shall be implemented and enforced by the City of Pittsburgh Bureau of Animal Care and Control with the support of the City of Pittsburgh Bureau of Police in the exercise of its ordinary law enforcement duties, and the support of other City agencies as appropriate. The Bureau of Animal Care and Control may issue rules, regulations, or guidance consistent with this Chapter 636 to further the purpose of the Chapter.

§ 636.07 PENALTIES

(a)   Any Person who violates Section 636.03 shall, upon conviction, be fined in an amount not exceeding $1,000 or shall be imprisoned for a period not to exceed one year or shall be subject to both a fine and term of imprisonment.

 (b)   The City of Pittsburgh Solicitor may maintain an action for injunction to enforce Section 636.03, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation pursuant to subsection (c).

(c)   Any Person who violates Section 636.03 may be liable for a civil penalty not to exceed $1,000 for each violation. Each Wild or Exotic Animal in each Performance shall constitute a separate violation. Such penalty shall be assessed and recovered in a civil action brought in the name of the people of the City of Pittsburgh by the City Solicitor in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court may consider any one or more of the relevant circumstances presented by any of the parties to the case including, but not limited to, the following: the nature and seriousness of the violations, the number of violations, the persistence of the violations, the length of time over which the violations occurred, the willfulness of the Person charged with the violations, and the assets, liabilities, and net worth of the Person charged with the violations. The City Attorney also may seek recovery of the attorney's fees and costs incurred in bringing a civil action for injunction or civil penalties pursuant to this section.

§ 636.08 SEVERABILITY

It is hereby declared that it was the intention of council of City of Pittsburgh that the provisions of this Ordinance shall be severable and that if any Court of proper jurisdiction holds any provisions of this Ordinance, or the application of any provisions of this Ordinance to any circumstances, to be illegal or unconstitutional, then the other provisions of this Ordinance or the applications of such other provisions to other circumstances, shall remain in full force and effect.

Section 2:

All ordinances and code sections and parts of ordinances and code sections in conflict herewith are repealed to the extent of any such conflict.