Youngkin Signs New Bill: The Elephant in the Room

Do you have a pet elephant? Are you the owner of an exotic zoo? If you deal with elephants on a daily basis you need to be aware of the licensure requirements and the laws that are in place with respect to caring for those elephants. Since elephants are an important part of the Virginia economy, the General Assembly proposed a new law back in January designed to protect elephants and deter improper treatment of animals.

Since that new law was proposed, the law went through several changes. It was eventually signed by the governor earlier this yearin April. The new law provides for serious financial penalties to:

(i) use electricity, martingales, or block and tackle, engage in physical punishment resulting in damage, scarring, or breaking of skin, or insert any instrument into any bodily orifice of an elephant to discipline an elephant;

(ii) use a bullhook, ankus, baseball bat, axe handle, or other device designed to inflict fear or pain for the purpose of training or controlling the behavior of an elephant; or

(iii) brandish, exhibit, or display any device described in clause (ii) in the presence of an elephant. B.

The fines for this kind of behavior can be quite steep:

A person who violates this section is subject to a civil penalty not to exceed $2,500 for the first offense and not to exceed $5,000 for subsequent violations.

Therefore, if you are operating a zoo or dealing with elephants, make sure you are well aware of all state, federal and local rules regarding their care. If you do not follow these guidelines, there could be even harsher penalties in the form of criminal prosecution. If you are thinking of opening a zoo, make sure to talk to an experienced attorney that can help guide you through the process.