City of Providence

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CHAPTER

No. AN ORDINANCE AMENDING CHAPTER 4, “ANIMALS AND FOWL,”

ARTICLE I, “IN GENERAL,” TO ADD A NEW SECTION ENTITLED,

"HUMANE TREATMENT OF ELEPHANTS”

Be it ordained by the City of Providence:

Be it Ordained by the City of Providence:

SECTION 1. The Code of Ordinances of the City of Providence, Chapter 4, Article I, “In

General,” is hereby amended to add a new section entitled, “Humane treatment of elephants,” as

follows:

Sec. 4-13. - Humane treatment of animals

(a) Definitions

For the purposes of this section, the following terms shall have the following meanings:

(1) "Circus" means a class C licensee under the Animal Welfare Act, 7 U. S. C. 2131 et

seq., and its subsequent amendments, regulations and standards adopted pursuant to

the act, that offers a performance by a live animal, clown or acrobat.

(2) "Implement or device" includes a bull hook, ankus, guide, pitchfork, or other similar

tool that is:

(i) Designed, used, purchased, or constructed to train, manage, or control the

behavior of an elephant by poking, striking, hitting, stabbing, piercing,

pinching, or otherwise physically contacting an elephant; and

(ii) May reasonably result in harm to the elephant, including, but not limited to,

the damage, scarring or breakage of an elephant's skin.

(3) "Person" means an individual, partnership, corporation, organization, trade or

professional association, firm, limited liability company, joint venture, association,

trust, estate, or any other legal entity, and any agent, or representative thereof.

(4) "Traveling show" means a circus, public show, trade show, photographic opportunity,

carnival, city or county fair, agricultural fair, ride, parade, race, performance or a

similar

undertaking that involves transporting elephants from location to location or

otherwise moves elephants away from a place of permanent residency for

performance purposes. This does not include the transportation of an elephant for the

purpose of obtaining required medical services for the elephant or for the exchange of

an elephant between nonprofit United States Department of Agriculture licensed

sanctuaries for the purpose of providing lifetime care.

(b) It shall be unlawful for any person who houses, possesses, is in direct contact with, or

travels with any elephant utilized in a traveling show within Providence to:

(1) Use any implement or device, as defined in this section;

(2) Possess any implement or device, as defined in this section;

(3) Use a chain, rope, or similar device to restrain an elephant, except if utilized by a

licensed veterinarian or primary caregiver to provide required medical treatment.

Any restraint over two (2) hours in a twenty-four (24) hour period must be

approved in writing by a licensed veterinarian.

(c) Enforcement.

(1) Each violation of this section shall be punishable by a fine of five hundred dollars

($500).

(2) The City’s Animal Control Officers and Police Officers shall have the authority to

enforce the provisions of this section.

SECTION 2. This ordinance shall take effect upon passage.