(A) No person, firm, or corporation shall use elephants for rides in a circus without first obtaining special authorization from MAS. Such authorization shall be affixed to the authorized entity’s license or permit issued under § 91.023.
(B) Qualifications for elephant ride authorization.
(1) Safety record. Applicants for elephant ride authorization shall include in their initial application or application renewal for a permit, or license issued pursuant to § 91.023
, information that will identify, by drawings and/or photographs, the animal(s) that will be used in the rides. The application, or application renewal for a permit or license, shall also include a certified statement on the complete safety record of the animal(s). No elephant that has caused a serious injury or death to a handler, trainer, member of the public, or other person within five years prior to application for a permit or license shall be used for rides. Safety incidents that occurred prior to the five-year period shall be reviewed by MAS for possible exclusion of the elephant for rides, in accordance with the following factors, but not limited to:
(a) The circumstances surrounding the injuries caused by the elephant.
(b) The seriousness or extent of injuries, or number of individuals affected.
(c) The number of safety incidents in which the elephant was involved.
MAS shall have final approval authority regarding the use of elephants authorized for rides following consideration of the above factors. In addition, if an elephant(s) is involved in a safety incident subsequent to the approval of the application for a permit or license, but prior to entering, or while performing in, Louisville Metro, Officers of MAS may direct the animal to be removed from all exhibition activities until the conclusion of the investigation or prosecution.
(2) Safeguards. Applicants for a permit or license, as provided in § 91.023
, who seek to offer elephant rides to the general public shall provide documentation of safeguards to insure public safety. This documentation shall include:
(a) An emergency plan for protecting the public that specifies what to do in case of elephant incidents; where tranquilizing equipment and/or firearms are kept; who is to use tranquilizing equipment, and when they shall be used to capture, control, or destroy escaped or out-of-control animals.
(b) Such equipment, and an employee trained in the use of such equipment, shall be on the premises at all times that such elephant is in a public contact situation.
(c) An emergency plan to evacuate the elephant riders in a safe manner in case of animal safety incidents or non collaboration of the elephant.
(3) Experienced supervision. All elephant rides shall be supervised by a minimum of one qualified handler and one assistant at all times. Applicants shall provide documentation that the handler has had not less than one year of experience in elephant handling, and no safety incidents with the elephants that he or she handled. Such handler and assistant shall be in the immediate presence of the elephant at all times when the elephant is in a position to be in direct contact with the public and when being led to the rides exhibition, or back to its post. Applicants shall include the names of handlers and the experience documentation in their initial application for a permit or license, and in their renewal applications thereafter.
(4) Barriers. Two protective physical barriers shall be present between the elephant and the public at all elephant ride sites. Such barriers shall have a space between each barrier to prevent bystanders from touching the animal and animal from touching bystanders. Applicants shall include in their application package photos or drawings of barriers they intend to use and a description of materials used to construct such barriers.
(5) Insurance. Applicants must submit when applying for a permit or license proof of a certificate of insurance with an insurance company licensed to do business within the Commonwealth of Kentucky that provides:
(a) Third-party liability coverage protecting the public from death or injury by the elephants used in the rides with a limit of liability no less than $500,000; and
(b) An endorsement that requires the insurer to notify MAS in the event that the policy should lapse or be cancelled.
(6) Rides. No unaltered elephant male, female in heat or with a calf of six months or younger shall be used for elephant rides.
(7) Asian elephants. Only Asian elephants shall be used for elephant rides.
(8) Final approval. MAS shall not grant authorization for elephant rides at a circus if any of the requirements in this section are not satisfied. However, MAS still may issue a permit or license to a circus, in accordance with § 91.023
, to allow it to perform its other acts, minus elephant rides.
(1994 Jeff. Code, § 91.084) (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Jeff. Am.Ord. 46-1996, adopted and effective 12-10-1996; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 222-2005, approved 12-27-2005; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)
Penalty, see § 91.999