(a) Authorization.--The commission may issue permits for the establishment and operation of menageries.

(b) Shelter, care and protection.--Prior to the issuance of any permits, the commission shall adopt regulations for the housing, care, treatment, feeding, sanitation, purchase and disposal of wild birds and wild animals kept in menageries and for the protection of the public from such birds or animals. The commission after issuing the permit shall enforce such regulations.

(c) Unlawful acts.--It is unlawful to:

(1) Keep any wild bird or wild animal in captivity for public exhibition, or to have any wild bird or wild animal in custody or control for such purpose, without first securing a permit issued by the commission.

(2) Violate any of the provisions of this section or to release any bird or animal into the wild.

(3) Fail to exercise due care in safeguarding the public from attack by exotic wildlife.

(4) Recklessly engage in conduct which places or may place another person in danger of attack by exotic wildlife.

(d) Penalty.--

(1) A violation of this section relating to permits or regulations adopted thereunder is a summary offense of the second degree.

(2) Any other violation of this section is a summary offense of the seventh degree.

(3) Each day of violation shall constitute a separate offense, but, under no circumstances, shall the accumulated penalty for purposes of a field receipt exceed $300. There shall be no limit on any accumulated penalty a court may assess.

(e) Discretion of director.--In addition to the penalties provided, the director may, for any violation of this section, revoke or suspend any permit and order the disposal of any wildlife held in the menagerie.

(Apr. 20, 1988, P.L.353, No.55, eff. 60 days)

1988 Amendment. Act 55 amended subsec. (c).

Cross References. Section 2964 is referred to in section 2965 of this title; section 2380.1 of Title 3 (Agriculture).