§ 380 — Use of elephants in entertainment acts

§ 380. Use of elephants in entertainment acts. 1. No person shall use\nor cause to be used elephants in any type of entertainment act.\n 2. Any person that violates the provisions of this section, or any\nrule or regulation promulgated pursuant thereto, may be assessed, by the\ncommissioner, a civil penalty not to exceed one thousand dollars for\neach such violation.\n 3. The provisions of this section shall not apply to:\n (a) institutions accredited by the Association of Zoos and Aquariums;\nand\n (b) wildlife sanctuaries as defined in subdivision thirty-two of\nsection 11-0103 of the environmental conservation law.\n 4. As used in this section:\n (a) "Elephant" means the three species of the family Elephantidae:\n (i) Loxodonta africana and Loxodonta cyclotis, also known as the\nAfrican elephant; and\n (ii) Elephas maximus, also known as the Asian elephant or Indian\nelephant.\n (b) "Entertainment act" means any exhibition, act, circus, trade show,\ncarnival, ride, parade, race, performance or similar undertaking which\nis primarily undertaken for the entertainment or amusement of a live\naudience.\n (c) "Person" means an individual, partnership, limited liability\ncompany, corporation, joint venture, association, trust, estate or any\nother legal entity, and any officer, member, shareholder, director,\nemployee, agent or representative of any such entity.\n