[ SHOWGSD-L ] Fwd:San Francisco's Latest..Neighborhood Animal Watch Draft
- From: Stormy435@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Tue, 12 Sep 2006 19:35:17 EDT
enforcers from your neighbors? ???
NOTE:
This is the latest draft of Commissioner Christine Garcia's Neighborhood
Watch Program
which will be discussed and probably voted upon at the September 14th meeting
of the
S.F. Commission of Animal Control and Welfare.
Ron
Neighborhood Watch Ordinance Proposal  (Draft: September 8, 2006)
A) Animal Control and Welfare Commissioner Findings and Intent:Â
        1. No statute precludes San Francisco from enacting this
legislation.
        2. San Francisco recognizes that animal cruelty is pervasive.
        3. It is in the public interest to prosecute as many of these
violations as possible because cruelty to animals is directly related to other
crimes.Â
        a. Numerous studies have shown that violence against animals
is
directly related to violence against humans.
        b. Animal fighting is often linked to other crimes such as
gambling
and drug trafficking.
        4. Law enforcement is unable to take action on every case
involving
animal cruelty.Â
a. There is already economic strain on the Government.
        b. The legislature desires to provide relief to the workload
of
government attorneys and investigators.
5. This statute would allow other attorneys to help the government enforce
the animal cruelty statute and share duties, thus, the proposed Ordinance is
entitled Neighborhood Watch, so that the private attorneys may alleviate some
of
the overwhelming duties from the government.
6. The inclusion of private attorneys facilitating the prosecution against
animal abuse will not impact the County DA ratings.
B) Proposed Ordinance:
That the following language be added under Article 1 as section Three (3) of
the Municipal Health Code, entitled: Public Participation (or) Shared Duties
(or) Private Enforcement (or) Private Right of Action:
Section 3(a)Â The County of San Francisco hereby confers a private right of
action for private citizens to prosecute cases for animal welfare misconduct
which occurs in the County of San Francisco. Wherefore, private attorneys are
hereby authorized to enforce animal welfare misconduct statutes through the
liaison of the San Francisco Animal Care and Control Department (â??ACCâ??).Â
Thirty
(30) days after an ACC investigation has been forwarded to the District
Attorneys office for prosecution, and no Complaint of the following animal
welfare
misconduct statutes has been filed, or it is later found that such
investigation and complaint filing was closed without completing the
prosecution of the
animal welfare misconduct statutes, the County of San Francisco authorizes
private attorneys to file such a complaint upon the subjects of an ACC
investigation on behalf on the People of the State of California.
(b)Â â??Animal welfare misconductâ?? cases in which citizen participation is
hereby vested include the following:Â San Francisco Ordinances, and State and
Federal laws pertaining to animal abuse, the interest of animal welfare and
animal cruelty laws specifically framed for the prevention of inhumane
treatment of
animals, including, but not limited to, San Francisco Local Ordinance, Art.
I-IA, §§ 1A.3, 1A.4, 12, 32, 37, 40.5, 40.6, 41.12, 42.1, California Penal
Code
Sections 596, 596.5, 596.7, 597, 597.1, 597.3, 597a through x, 598, 598 a
through d, 599 et al, 600, 623, 374d, 384h, 399, 399.5 and 7 U.S.C. § 2131
et
seq.
Attachment 1
SAN FRANCISCO
RESOLUTIONS OF THE BOARD OF SUPERVISORS
MEETING OF _______ 2006
Resolutions to pass the Neighborhood Watch Ordinance:
WHEREAS, No statute precludes San Francisco from enacting this legislation.
WHEREAS Â Â Â Â Â Â Â Â San Francisco recognizes that animal cruelty is
pervasive.
WHEREASÂ It is in the public interest to prosecute as many of these
violations as possible because cruelty to animals is directly related to other
crimes.Â
WHEREAS. Numerous studies have shown that violence against animals is
directly
 related to violence against humans.
WHEREAS. Animal fighting is often linked to other crimes such as gambling
and drug
        trafficking.
WHEREAS Law enforcement is unable to take action on every case involving
animal cruelty.Â
WHEREAS. There is already economic strain on the Government.
WHEREAS The legislature desires to provide relief to the workload of
government
 attorneys and investigators.
WHEREAS This statute would allow other attorneys to help the government
enforce the
        animal cruelty statute and share duties of the government.
        NOW BE IT RESOLVED, that the San Francisco Board of Supervisors
passes the Neighborhood Watch Ordinance.
IT IS FURTHER RESOLVED, that that the following language be added under
Article 1 as Section Three (3) of the municipal health code, entitled: Public
Participation (or) Shared Duties (or) Private Enforcement (or) Private Right of
Action:
Section 3(a)Â The County of San Francisco hereby confers a private right of
action for private citizens to prosecute cases for animal welfare misconduct
which occurs in the County of San Francisco. Wherefore, private attorneys are
hereby authorized to enforce animal welfare misconduct statutes through the
liaison of the San Francisco Animal Care and Control Department (â??ACCâ??).Â
Thirty
(30) days after an ACC investigation has been forwarded to the District
Attorneys office for prosecution, and no Complaint of the following animal
welfare
misconduct statutes has been filed, or it is later found that such
investigation and complaint filing was closed without completing the
prosecution of the
animal welfare misconduct statutes, the County of San Francisco authorizes
private attorneys to file such a complaint upon the subjects of an ACC
investigation on behalf on the People of the State of California.
(b)Â â??Animal welfare misconductâ?? cases in which citizen participation is
hereby vested include the following:Â San Francisco Ordinances, and State and
Federal laws pertaining to animal abuse, the interest of animal welfare and
animal cruelty laws specifically framed for the prevention of inhumane
treatment of
animals, including, but not limited to, San Francisco Local Ordinance, Art.
I-IA, §§ 1A.3, 1A.4, 12, 32, 37, 40.5, 40.6, 41.12, 42.1, California Penal
Code
Sections 596, 596.5, 596.7, 597, 597.1, 597.3, 597a through x, 598, 598 a
through d, 599 et al, 600, 623, 374d, 384h, 399, 399.5 and 7 U.S.C. § 2131
et
seq.
AND SO IT IS RESOLVED.
Dated:Â Â ____________ 2006
                                                Signed,
                                                THE
SAN FRANCISCO
BOARD OF SUPERVISORS
Attachment 2
Citations for Legislative Findings
        1.      No statute prevents the County of San Francisco
from enacting
this legislation. There is no California statute or case law that expressly
precludes private right of actions for criminal prosecution. Significantly,
"in New Hampshire, no statute or court rule either expressly permits, or
expressly prohibits, private prosecutions by either an interested party or an
interested party's attorney. RSA 592-A:7 (2001) provides that criminal
proceedings
before a district or municipal court begin when a complaint is filed with the
court, but does not specify who may file such complaints. Usually, such
prosecutions are undertaken by a State official. However, we have held that
"the
common law of this State does not preclude the institution and prosecution of
certain criminal complaints by private citizens."Â State (Haas Complainant) v.
Rollins, 129 N.H. 684, 685, 533 A.2d 331 (1987). Additionally, the California
Penal Code states that â??[a]ll [of the penal codeâ??s] provisions are to be
construed according to the fair import of their
terms, with a view to effect its objects and to promote justice.â?? See, CA
Penal Code § 4. Likewise, the Code states that â??[t]he omission to specify
or
affirm in this Code any liability to damages, penalty, forfeiture, or other
remedy imposed by law and allowed to be recovered or enforced in any civil
action
or proceeding, for any act or omission declared punishable herein, does not
affect any right to recover or enforce the same.â?? Id. at § 9. Similarly,
states such as Mississippi have expressly included a private right of action on
these cases to share the duties of district attorneys.
2. Â Â Â Â Â The County of San Francisco recognized that animal cruelty is
pervasive. Each month numerous animal cruelty situations go unprosecuted by
the
District Attorneys Office. For more information on specific statistics,
collaboration with the ACC and SSPCA and other animal welfare groups who
receive
hotline-type calls would be needed.
3.      It is in the public interest to prosecute as many animal cruelty
violations as possible because animal cruelty is directly related to other
crimes, such as the following:
A.      Animal abuse can indicate or predict situations of criminal
violence
against humans. See, Beirne, P. For a nonspeciesist criminology: Animal
abuse as an object of study. Criminology. 37(1), 117-48, 1999.
B.      Evidence links animal abuse to violence against children. See,
De
Viney, E; Dikert, J; Lockwood, R. The care of pets within child abusing
families. International Journal for the Study of Animal Problems. 4, 321-9,
1998.
        C.      Research shows a strong correlation between
animal abuse and
spousal abuse. See, Ascione, F; Weber, C; Wood, D. The abuse of animals and
domestic violence:Â A national survey of shelters for women who are
battered.Â
Society and Animals. 5(3), 1997.
D. Studies link violence against animals with a variety of antisocial
behaviors aside from violence, including property offenses and public disorder
offenses. See, Arluke, A; Levin, J; Luke, C; Ascione, F. The relationship
of
animal abuse to violence and other antisocial behavior. Journal of
Interpersonal
Violence. 14(9), 963-975, 1999.
Attachment 3
The Current State of How Article 1 Appears
ARTICLE 1: ANIMALS
Sec. 1. Report of Diseases of Animals Required.
Sec. 2. Penalty.
Sec. 7. Contagious Diseases of Animals.
Sec. 12. Keeping of Cows.
Et seq��
SEC. 1. REPORT OF DISEASES OF ANIMALS REQUIRED.
Every veterinary physician or surgeon, and every person practicing as such,
and every person owning or having animals in his care within the City and
County of San Francisco, shall present to the Department of Public Health of
said
City and County a written notice of the existence of any and every case of
glanders or farcy or other contagious or infectious diseases in animals, which
may
have come under his observation or to his knowledge, which notice shall be
given within two daysâ?¦.
SEC. 2. PENALTY.
Any person violating any of the provisions of Section 1 of this Article shall
be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a
fine of not less than $20 nor more than $500, or by imprisonment in the
County Jail not less than 20 days nor more than six months.
SEC. 7. CONTAGIOUS DISEASES OF ANIMALS.
No animal affected with any infectious or contagious disease shall be brought
or kept within the limits of the City and County of San Francisco, except by
permission of the Department of Public Health of said City and County.
â?¦.
Attachment 4
How the New Ordinance Would Appear as Part of Article 1
ARTICLE 1: ANIMALS
Sec. 1. Report of Diseases of Animals Required.
Sec. 2. Penalty.
Sec. 3. Public Participation or Shared Duties or Private Right of Action
Sec. 7. Contagious Diseases of Animals.
Sec. 12. Keeping of Cows.
Et seq��
SEC. 1. REPORT OF DISEASES OF ANIMALS REQUIRED.
Every veterinary physician or surgeon, and every person practicing as such,
and every person owning or having animals in his care within the City and
County of San Francisco, shall present to the Department of Public Health of
said
City and County a written notice of the existence of any and every case of
glanders or farcy or other contagious or infectious diseases in animals, which
may
have come under his observation or to his knowledge, which notice shall be
given within two days â?¦.
SEC. 2. PENALTY.
Any person violating any of the provisions of Section 1 of this Article shall
be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a
fine of not less than $20 nor more than $500, or by imprisonment in the
County Jail not less than 20 days nor more than six months.
SEC. 3. PUBLIC PARTICIPATION (or) SHARED DUTIES (or) PRIVATE ENFORCEMENT (or)
PRIVATE RIGHT OF ACTION.
(a)Â The County of San Francisco hereby confers a private right of action for
private citizens to prosecute cases in the County of San Francisco for animal
welfare misconduct in the County of San Francisco. Wherefore, private
attorneys are hereby authorized to enforce animal welfare misconduct statutes
through the liaison of the San Francisco Animal Care and Control Department
(â??ACCâ??
). Thirty (30) days after an ACC investigation has been forwarded to the
District Attorneys office for prosecution, and no Complaint of the following
animal
welfare misconduct statutes has been filed, or it is later found that such
investigation and complaint filing was closed without completing the
prosecution
of the animal welfare misconduct statutes, the County of San Francisco
authorizes private attorneys to file such a complaint upon the subjects of an
ACC
investigation on behalf on the People of the State of California.
(b)Â â??Animal welfare misconductâ?? cases in which citizen participation is
hereby vested include the following:Â San Francisco Ordinances, and State and
Federal laws pertaining to animal abuse, the interest of animal welfare and
animal cruelty laws specifically framed for the prevention of inhumane
treatment of
animals, including, but not limited to, San Francisco Local Ordinance, Art.
I-IA, §§ 1A.3, 1A.4, 12, 32, 37, 40.5, 40.6, 41.12, 42.1, California Penal
Code
Sections 596, 596.5, 596.7, 597, 597.1, 597.3, 597a through x, 598, 598 a
through d, 599 et al, 600, 623, 374d, 384h, 399, 399.5 and 7 U.S.C. § 2131
et
seq
SEC. 7. CONTAGIOUS DISEASES OF ANIMALS.
No animal affected with any infectious or contagious disease shall be brought
or kept within the limits of the City and County of San Francisco, except by
permission of the Department of Public Health of said City and Countyâ?¦.
"You may never know what results come from your action.
But if you do nothing, there will be no result."
                                         Â
Mahatma Gandhi
Stormy Hope
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