Originally posted October 18, 2011 in support of my original Mission regarding local issues.
After the San Francisco Zoo Grizzly Bear Trespassing incident in 2009, San Francisco City Supervisor Sean Elsbernd, worked to get Amendments made to the (then) standing San Francisco Park Code.
I was in email correspondence with Sean Elsbernd immediately after the offenders sentencing hearing, in which he basically got off without even a slap on the wrist so to speak. I was outraged and sought out Elsbernd to find out how this could happen and what can be done to tighten the Law.
I was happy to hear he had planned this Amendment action. Once it was passed, he sent me two documents that covered it entirely. What follows is the exact wording, that pertains to Animals.
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LEGISLATIVE DIGEST
Ordinance amending the San Francisco Park Code by amending Section 4.01 to prohibit entrance into animal habitats or enclosures at the San Francisco Zoo and the bison paddock; amending Section 5.07 to prohibit feeding non-domesticated animals in parks; amending Section 5.08 to prohibit taunting or endangering animals at the Zoo or in the bison paddock; and amending Section 10.01 to increase the penalties for violation of the Park Code up to $500 maximum for an infraction and up to $1000 for a misdemeanor.
Existing Law
Currently, the Park Code generally defines disorderly conduct on park property, prohibits feeding or offering substances that are harmful to animals in parks and disturbing animals, birds and fish on park property. Fines are set at $50.00 to $100.00 for infractions, and $500.00 for misdemeanors.
Amendments to Current Law
1) Prohibits the following behavior:
Entering into, or attempt to enter into, any animal enclosure or habitat at the San Francisco Zoological Gardens, or at the bison paddock in Golden Gate Park, without specific authorization by Zoo staff;
Failing to follow all rules of the San Francisco Zoological Gardens, or any directions or instructions given by Zoo staff.
Feeding, or offering food or any substance to any animal in any park which is wild by nature and not customarily domesticated in the City and County of San Francisco without specific authorization from the Recreation and Park Commission.
Feeding, or offering food or any substance to any animal in the San Francisco Zoological Gardens without specific authorization from Zoo staff.
Taunting, endangering any animal in any park, including the bison paddock, and the San Francisco Zoological Gardens.
2) Increases the fines for violation of the Park Code to the maximum allowed by state law:
(a) Infractions
from $50.00 for the first offense to $100.00
from $100.00 for the second offense to $200.00
for each additional offense within one year by a fine of not more than $500.00
eliminates minimum fines
(b) Misdemeanors
from $500.00 to $1000.00
[Recreation and Park Department—Animal Protections; Increasing Penalties for Park Code Violations.]
Ordinance amending the San Francisco Park Code by amending Section 4.01 to prohibit entrance into animal habitats or enclosures at the San Francisco Zoo and the bison paddock; amending Section 5.07 to prohibit feeding non-domesticated animals in parks; amending Section 5.08 to prohibit taunting or endangering animals at the Zoo or in the bison paddock; and amending Section 10.01 to increase the penalties for violation of the Park Code up to $500 maximum for an infraction and up to $1000 for a misdemeanor.
Section 1. The San Francisco Park Code is hereby amended by amending Section 4.01, to read as follows:
SEC. 4.01. DISORDERLY CONDUCT.
No person shall, in any park. without permission of the Recreation and Park Department:
(a) Throw or propel objects of a potentially dangerous nature, including, but not limited to, stones, bottles, glass, cans or crockery;
(b)-(k) not applicable to Animals.
(l) Enter into, or attempt to enter into, any animal enclosure or habitat at the San Francisco Zoological Gardens, or at the bison paddock in Golden Gate Park, without specific authorization by Zoo staff;
(m) Fail to follow all rules of the San Francisco Zoological Gardens, or any directions or instructions given by Zoo staff.
Section 2. The San Francisco Park Code is hereby amended by amending Section 5.07, to read as follows:
SEC. 5.07. FEEDING ANIMALS PROHIBITED.
(a) It shall be unlawful for any person to feed or offer to any animal in any park any substance which would be likely to be harmful to it.
(b) It shall be unlawful for any person to feed, or offer food or any substance to any animal in any park which is wild by nature and not customarily domesticated in the City and County of San Francisco. However, the Recreation and Park Commission may authorize the feeding of certain animals or birds in specified areas.
(c) It shall unlawful for any person to feed, or offer food or any substance to any animal in the San Francisco Zoological Gardens without specific authorization from Zoo staff.
Section 3. The San Francisco Park Code is hereby amended by amending Section 5.08, to read as follows:
SEC. 5.08. DISTURBING ANIMALS, BIRDS, FISH PROHIBITED, EXCEPTIONS.
Except as provided in Article 7, Chapter VIII (Police Code) of the San Francisco Municipal Code, it shall be unlawful for any person., including City and County of San Francisco, its officers, employees or agents, to hunt, chase, shoot, trap, discharge or throw missiles at, molestharrass, disturb, taunt, endanger, capture, injure, or destroy any animal in any park, including the bison paddock, and the San Francisco Zoological Gardens, or to permit any animal in such person's custody or control to do so; provided, however, that any mole or any gopher, mouse, rat or other rodent which is determined by the Superintendent of Parks to be a nuisance may be destroyed by said Superintendent or a designated representative; and provided, further, that any animal other than a mole or a gopher, mouse, rat or other rodent which is determined by said Superintendent to be a nuisance or a hazard to persons using said areas or to be a hazard to plants or other horticulture, may, in a humane manner, be live trapped by said Superintendent and delivered to the Animal Control Officer for disposition pursuant to the provisions of Sections 41.7 through 41.9, inclusive, of Article 1, Chapter V (Health Code) of the San Francisco Municipal Code. The provisions of this Section are intended to prohibit fishing in any park other than fishing in Lake Merced pursuant to a license obtained pursuant to Article 8 of this Code or in any other area designated by Commission resolution as a fishing area.
The provisions of this Section shall not be applicable to the destruction of any animal in any park where such animal poses an immediate and serious threat to persons or property or is suffering excessively.
Section 4. The San Francisco Park Code is hereby amended by amending Section 10.01, to read as follows:
SEC. 10.01. PENALTIES.
Unless otherwise specified in this Code, any person violating any section of this Code shall be deemed guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney; provided, however, that whenever a person has been arrested and incarcerated based solely on the violation or violations of this Code, he or she shall retain the right at the time of arraignment or plea to object to the offense being made an infraction, in which event the complaint shall be amended to charge the misdemeanor and the case shall proceed on the misdemeanor complaint.
Upon conviction of a violation charged as an infraction, the person so convicted shall be punished for the first offense by a fine of not less than $10 nor more than $50$100, and for a second and each additional offense within one year by a fine of not less than $20 nor more than $100$200, and for each addtional offense within one year by a fine of not more than $500.
Upon conviction of a violation charged as a misdemeanor., the person so convicted shall be punished by a fine of not more than $500 $1000 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
VIRGINIA DARIO ELIZONDO
Deputy City Attorney