* § 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;
(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
(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
(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.
* NB There are 2 § 380's