23:2A-16 Definitions relative to use of wild, exotic animals in traveling animal acts; exceptions; violations, penalties.
1. a. As used in this section:
"Mobile or traveling housing facility" means a vehicle, including a truck, trailer, or railway car, used to transport or house an animal used for performance.
"Performance" means any animal act, carnival, circus, display, exhibition, exposition, fair, parade, petting zoo, presentation, public showing, race, ride, trade show, or similar undertaking in which animals perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience.
"Traveling animal act" means any performance which requires an animal to be transported to or from the location of a performance in a mobile or traveling housing facility.
"Wild or exotic animal" means any live animal that is classified into any of the following scientific classifications:
(1) Artiodactyla, excluding domestic cattle, bison, American buffalo, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, or alpacas;
(2) Camelidae;
(3) Canidae, including any hybrids thereof, but excluding domestic dogs;
(4) Crocodilia;
(5) Elephantidae;
(6) Felidae, including any hybrids thereof, but excluding domestic cats;
(7) Marsupialia;
(8) Non-human primate;
(9) Perissodactyla, excluding domestic horses, ponies, donkeys, or mules;
(10) Pinnipedia;
(11) Ursidae; and
(12) Elasmobranchii, excluding rays.
b. Notwithstanding any other law, rule, or regulation adopted pursuant thereto, to the contrary, no person shall use a wild or exotic animal in a traveling animal act.
c. Any person who violates this section shall be subject to the penalties provided for in section 10 of P.L.1973, c.309 (C.23:2A-10), except that the criminal penalties provided in subsection f. of that section shall not apply.
d. This section shall not apply to:
(1) exhibitions at a non-mobile, permanent institution or facility licensed by the United States Department of Agriculture and permitted by the Division of Fish and Wildlife in the Department of Environmental Protection;
(2) outreach programs for bona fide educational or conservation purposes conducted by, or affiliated with, a non-mobile, permanent institution or facility that meets the requirements described in paragraph (1) of this subsection;
(3) an institution of higher education exhibiting wild or exotic animals for research or education purposes; or
(4) outreach programs conducted by governmental entities.
L.2018, c.141, s.1.