N.Y. Agriculture & Markets Law § 380: Use of elephants in entertainment acts

§ 380. Use of elephants in entertainment acts. 1. No person shall use

or cause to be used elephants in any type of entertainment act.

2. Any person that violates the provisions of this section, or any

rule or regulation promulgated pursuant thereto, may be assessed, by the

commissioner, a civil penalty not to exceed one thousand dollars for

each such violation.

3. The provisions of this section shall not apply to:

(a) institutions accredited by the Association of Zoos and Aquariums;

and

(b) wildlife sanctuaries as defined in subdivision thirty-two of

section 11-0103 of the environmental conservation law.

4. As used in this section:

(a) "Elephant" means the three species of the family Elephantidae:

(i) Loxodonta africana and Loxodonta cyclotis, also known as the

African elephant; and

(ii) Elephas maximus, also known as the Asian elephant or Indian

elephant.

(b) "Entertainment act" means any exhibition, act, circus, trade show,

carnival, ride, parade, race, performance or similar undertaking which

is primarily undertaken for the entertainment or amusement of a live

audience.

(c) "Person" means an individual, partnership, limited liability

company, corporation, joint venture, association, trust, estate or any

other legal entity, and any officer, member, shareholder, director,

employee, agent or representative of any such entity.