February 6, 2024
City Council
DATE: February 6, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
City Council Member Soheila Bana
Subject:
Supporting the right of members of the public to offer aid to animals in distress and opposing any legal penalties for such actions.
FINANCIAL IMPACT: At this time there is no financial impact related to the item.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Compassionate members of the public should be allowed
to offer aid to animals in such situations, provided that they do so in a manner that is safe for both the animal and the person involved.
RECOMMENDED ACTION:
ADOPT a resolution that encourages the Sonoma District
Attorney to dismiss such prosecution and exercise
leniency, of non-violent activists who were investigating and attempting to expose the abuses of animals in
commercial animal operations – Councilmember Soheila
Bana (510-672-3490).
DISCUSSION:
The City of Richmond, California, recognizes the importance of the welfare and well- being of all animals within its jurisdiction and believes that compassionate members of the public should be allowed, and indeed encouraged, to offer aid to animals in such AGENDA
REPORT
February 6, 2024
situations, if they do so in a manner that is safe for both the animal and the person involved.
Little or no enforcement of California's animal cruelty statute occurs with respect to animals raised in commercial operations. While some companies that supply animal products have been known to portray their treatment of animals in a substantially more favorable light than the reality.
Peaceful activists have attempted to bring violations by commercial animal operations via the act of investigating the conditions of commercial animal operations and exposing abuses to the public and to law enforcement, and providing relief to animals who are thirsty, starving, injured, or sick.
California Penal Code Section 597(b) makes it a crime to torture, torment, deprive of necessary sustenance, drink, or shelter any animal, or cause any animal to be tortured, tormented, deprived of necessary sustenance, drink, or shelter, where the words "torment" and "torture" include "every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted."
Five individuals, who are members of the animal rights organization Direct Action Everywhere (DxE), currently face felony and/or misdemeanor charges in Sonoma County in connection with investigations and open rescues of animals at two factory farms in Sonoma County: Petaluma Poultry and Reichardt Duck Farm in June 2023 and November 2023.
Cities like Berkeley, San Francisco and Sebastopol, have created resolutions intended to encourage the Sonoma County District Attorney to dismiss such prosecution of non- violent activists who were investigating and attempting to expose the abuses of animals in commercial animal operations. The resolutions also encourages the Sonoma County District Attorney to devote the resources that could be saved from these actions to instead investigate and prosecute potential violations of the law in commercial animal operations in Sonoma County and throughout California.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution