1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in riot, disorderly conduct and
3related offenses, providing for the offense of use of live
4animals in traveling exhibitions.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 5511.4. Use of live animals in traveling exhibitions.

10(a) Offense defined.--No person who is an exhibitor may
11employ or use any exotic animal or exotic wildlife in an animal
12act, ride, performance or exhibition as part of a traveling show
13or exhibition if, during the 15-day period preceding the
14employment or use, the animal was living or traveling in a
15mobile housing facility.

16(b) Applicability.--Subsection (a) shall not apply to the
17use of an animal, including a nonhuman primate:

18(1) in an exhibition at a nonmobile, permanent
19institution or facility, including an accredited zoo or

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1aquarium;

2(2) as part of an outreach program for educational or
3conservation purposes by a zoo or aquarium accredited by the
4Association of Zoos and Aquariums, if the animal used for
5such purposes is not kept in a mobile housing facility for
6more than 12 hours per day;

7(3) by a university, college, laboratory or other
8research facility registered with the United States Secretary
9of Agriculture under section 6 of the Animal Welfare Act
10(Public Law 89-544, 7 U.S.C. § 2136); or

11(4) in film, television or advertising, if the use does
12not involve a live public exhibition.

13(c) Penalty.--A person who violates this section commits a
14misdemeanor of the third degree.

15(d) Definitions.--The following words and phrases when used
16in this section shall have the meanings given to them in this
17subsection unless the context clearly indicates otherwise:

18"Domestic animal." The term includes, but is not limited to,
19a dog, cat, equine animal, bovine animal, rabbit, sheep, goat or
20porcine animal. The term does not include an exotic animal or
21exotic wildlife.

22"Domestic fowl." An avis raised for food, hobby or sport.

23"Exhibitor." A person who exhibits an animal to the public
24for compensation. The term includes, but is not limited to, the
25owner and operator of a carnival, circus, fair or zoo that
26exhibits an animal, whether for profit or not. The term does not
27include:

28(1) the owner or operator of a retail pet store;

29(2) a person who owns a common, domesticated household
30pet and who derives less than a substantial portion of income

1from a nonprimary source for exhibiting an animal that
2exclusively resides at the residence of the person; or

3(3) an organization that sponsors or a person who
4participates with domestic animal or domestic fowl species in
5a purebred dog or cat show, or a state or county fair or
6livestock show intended to advance the agricultural arts and
7sciences.

8"Exotic animal." An animal that is native to a foreign
9country or of foreign origin or character, is not native to the
10United States or was introduced from abroad and includes all
11hybrids of such animal. The term includes, but is not limited
12to, a nonhuman primate, lion, tiger, leopard, elephant, camel,
13antelope, anteater, kangaroo, water buffalo and any species of
14foreign domestic cattle, such as ankole, gayal and yak.

15"Exotic wildlife." As defined in 34 Pa.C.S. § 2961 (relating
16to definitions).

17"Mobile housing facility." A transporting vehicle,
18including, but not limited to, a truck, trailer or railway car
19used to house animals while traveling for exhibition or public
20education purposes.

21Section 2. This act shall take effect in 60 days.