ARTICLE 1B:
PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT

Sec. 1B.1.	Statement of Purpose.
Sec. 1B.2.	Definitions.
Sec. 1B.3.	Performance of Wild or Exotic Animals Prohibited.
Sec. 1B.4.	Exemptions.
Sec. 1B.5.	Implementation and Enforcement.
Sec. 1B.6.	Penalties.
Sec. 1B.7.	Undertaking for the General Welfare.
Sec. 1B.8.	No Conflict with Federal or State Law.
Sec. 1B.9.	Severability.

 

Editor's Note:
   See also Art. 1, "Animals"; Art. 1A, "Animal Sacrifice”; Art. 1C, “Sale of Animals”; Art. 1D, “Animal Fur Products.”

SEC. 1B.1. STATEMENT OF PURPOSE.

   The purpose of this Article 1B is to protect wild and exotic animals from cruel and inhumane treatment and to protect the public from the danger posed by the use of wild and exotic animals for entertainment.

(Added by Ord. 55-15 , File No. 150191, App. 4/30/2015, Eff. 5/30/2015)

SEC. 1B.2. DEFINITIONS.

   For purposes of this Article 1B:

   "Cause a Performance" means to be responsible for the management of a Performance, to financially benefit as an owner or operator from a Performance, or to sponsor a Performance.

   "Companion Animal" means any type of animal that is commonly kept by persons as a pet or for companionship and includes but is not limited to (a) domesticated dogs, (b) domesticated cats, (c) ferrets, (d) gerbils, (e) guinea pigs, (f) hamsters, (g) horses, (h) mice, (i) rabbits, and (j) rats.

   "Domestic Animal" means any animal that is Livestock, a Companion Animal, or both.

   "Educational Activities" means teaching or instructing with the intent of imparting knowledge to others.

   "Livestock" means (a) poultry, (b) cattle, (c) swine, (d) sheep, (e) goats, (f) horses, (g) donkeys, and (h) mules.

   "Performance" means any public showing, presentation, display, exposition, fair, act, circus, ride, trade show, petting zoo, carnival, parade, race, photographic opportunity, exhibition, or similar undertaking in which animals are required to perform tricks, fight, or participate as accompaniments for the entertainment, amusement, or benefit of an audience.

   "Person" means any individual, establishment, firm, association, organization, partnership, trust, corporation, or company.

   "Wild or Exotic Animal" means any non-Domestic Animal. "Wild or Exotic Animal" includes but is not limited to the following orders or families, or similar orders or families, whether bred in the wild or in captivity, and any hybrid with Domestic Animals. The examples identified in parentheses are not intended to be an exhaustive list and do not limit the generality of each group of animals, unless otherwise specified:

   (a)   Non-human primates and prosimians (chimpanzees and monkeys)

   (b)   Felidae (except domesticated cats)

   (c)   Canidae (except domesticated dogs)

   (d)   Ursidae (bears)

   (e)   Proboscidea (elephants)

   (f)   Cetacea (whales, dolphins, porpoises)

   (g)   Crocodilia (alligators, crocodiles)

   (h)   Marsupialia (kangaroos, opossums)

   (i)   Reptilia

   (j)   Perissodactyla (rhinoceroses, tapirs, zebras, but not horses, donkeys, or mules)

   (k)   Artiodactyla (hippopotamuses, giraffes, camels, but not cattle, swine, sheep, or goats

   (l)   Hyaenidae

   (m)   Mustelidae (skunks, weasels, otters, badgers)

   (n)   Procyonidae (raccoons, coatis)

   (o)   Edentata (anteaters, sloths, armadillos)

   (p)   Viverridae (mongooses, civets, genets)

   (q)   Pinnipedia (seals, sea lions, walruses)

   (r)   Struthioniformes (ostriches)

   (s)   Casuariiformes (emus)

   Notwithstanding the above, reptilia under 8 feet in length and snakes and reptiles of non-venomous variety are not Wild or Exotic Animals.

(Added by Ord. 55-15 , File No. 150191, App. 4/30/2015, Eff. 5/30/2015)

SEC. 1B.3. PERFORMANCE OF WILD OR EXOTIC ANIMALS PROHIBITED.

   It shall be unlawful for any Person to Cause a Performance of any Wild or Exotic Animal on any public or private property within the City and County of San Francisco.

(Added by Ord. 55-15 , File No. 150191, App. 4/30/2015, Eff. 5/30/2015)

SEC. 1B.4. EXEMPTIONS.

   (a)   The following are exempt from the provisions of this Article 1B:

      (1)   The involvement of animals in animal-related Educational Activities.

      (2)   The involvement of animals in activities or enterprises endorsed or accredited by any of the following: the Association of Zoos and Aquariums, the Global Federation of Animal Sanctuaries, and the American Alliance of Museums.

      (3)   The diagnosis or treatment of animals by veterinarians in the course of a veterinarian's practice of veterinary medicine.

      (4)   The otherwise lawful use of animals for therapeutic purposes by persons who are physically or mentally disabled.

   (b)   In its discretion, the Animal Care and Control Department may on a case-by-case basis grant an exemption from the provisions of this Article 1B following a written application for an exemption, where the proposed activity or enterprise is substantially similar in nature or purpose to an exemption provided in this Section 1B.4.

(Added by Ord. 55-15 , File No. 150191, App. 4/30/2015, Eff. 5/30/2015)

SEC. 1B.5. IMPLEMENTATION AND ENFORCEMENT.

   Section 1B.3 shall be implemented and enforced by the Animal Care and Control Department with the support of the Police Department in the exercise of its ordinary law enforcement duties, and the support of other City agencies as appropriate. The Animal Care and Control Department may issue rules, regulations, or guidance consistent with this Article 1B to further the purpose of the Article.

(Added by Ord. 55-15 , File No. 150191, App. 4/30/2015, Eff. 5/30/2015)

SEC. 1B.6. PENALTIES.

   (a)   Any Person who violates Section 1B.3 shall be guilty of a misdemeanor. The penalty upon conviction shall be imprisonment in the County Jail for a period not to exceed one year or by a fine not exceeding $1,000, or by both fine and imprisonment.

   (b)   The City Attorney may maintain an action for injunction to enforce Section 1B.3, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation pursuant to subsection (c).

   (c)   Any Person who violates Section 1B.3 may be liable for a civil penalty not to exceed $1,000 for each violation. Each Wild or Exotic Animal in each Performance shall constitute a separate violation. Such penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court may consider any one or more of the relevant circumstances presented by any of the parties to the case including, but not limited to, the following: the nature and seriousness of the violations, the number of violations, the persistence of the violations, the length of time over which the violations occurred, the willfulness of the Person charged with the violations, and the assets, liabilities, and net worth of the Person charged with the violations. The City Attorney also may seek recovery of the attorney's fees and costs incurred in bringing a civil action for injunction or civil penalties pursuant to this section.

(Added by Ord. 55-15 , File No. 150191, App. 4/30/2015, Eff. 5/30/2015)

SEC. 1B.7. UNDERTAKING FOR THE GENERAL WELFARE.

   In enacting and implementing this Article 1B, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Added by Ord. 55-15 , File No. 150191, App. 4/30/2015, Eff. 5/30/2015)

SEC. 1B.8. NO CONFLICT WITH FEDERAL OR STATE LAW.

   Nothing in this Article 1B shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(Added by Ord. 55-15 , File No. 150191, App. 4/30/2015, Eff. 5/30/2015)