FULL TEXT OF INITIATIVE ORDINANCE
PROHIBITION ON CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)
The People of the City of Berkeley ordain as follows:
That Chapter 23.336 Prohibition on Concentrated Animal Feeding Operations (CAFOs) be added to to Title 23 ZONING of the Berkeley Municipal Code as follows:
Chapter 23.336 Prohibition on Concentrated Animal Feeding Operations (CAFOs)
Section 23.336.010 Findings.
Hundreds of concentrated animal feeding operations (CAFOs) presently operate in California.
Animal agriculture is responsible for 38% of methane emissions in the United States, and it is projected that the global agricultural sector will nearly double in greenhouse gas emissions by 2050.
By worsening climate change via the release of greenhouse gases, CAFOs are a major contributor to the drought and wildfires in California.
CAFOs are contributing to the ongoing water crisis in California, with some facilities using up to 4 million gallons of water per day and others polluting water sources with chemical fertilizers and manure.
Globally, animal agriculture is the primary driver of biodiversity loss through its dependence on inputs such as fertilizer, pesticides, energy, land, and water, and on practices such as monocropping and heavy tilling, which in turn reduces the variety of landscapes and habitats.
It is a well-established scientific fact, as supported by 2,500 studies exploring animal cognition, that nonhuman animals have emotions, personalities, and the ability to feel pain, fear, and stress.
Millions of nonhuman animals are routinely confined and abused in CAFOs across California.
The treatment of nonhuman animals in CAFOs routinely violates California animal cruelty laws, with little to no enforcement.
Three out of four emerging infectious diseases are zoonotic, and CAFOs pose a serious risk to public health.
Investigators have found antibiotic resistant bacteria and infectious diseases in CAFOs in California and across the U.S.
Workers in the animal agriculture industry experience higher rates of substance abuse, post-traumatic stress disorder (PTSD), and domestic violence.
In summary, CAFOs are a leading cause of environmental destruction, pose grave risks to public health, abuse and kill nonhuman animals, and often create dangerous and exploitative conditions for workers.
Section 23.336.020 Prohibition on Establishment and Operation of Concentrated Animal Feeding Operations (CAFOs)
Definitions. For purposes of this chapter, the following definition shall apply:
“Concentrated Animal Feeding Operation” or “CAFO” means an agricultural operations where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and which meets the regulatory definition set out by the Environmental Protection Agency seen in the following table
Prohibition.
No person, corporation, or other entity shall establish a CAFO of any size within the city of Berkeley.
No person, corporation, or other entity shall expand an existing CAFO of any size within the city of Berkeley.
Any CAFO in operation within the city of Berkeley at the time of this initiative's passage shall be phased out within a period of 1 year.
Section 23.336.030 Enforcement and Penalties.
The The City Council shall have the authority to enforce this initiative, including the power to inspect premises suspected of violating its provisions.
This Chapter also provides a private right of action upon any person or entity to seek injunctive relief and penalties against a person or business who violates this prohibition.
Any person that violates this prohibition is civilly liable for a penalty in an amount of $10,000 per violation per day.
A court shall award a plaintiff who prevails on a cause of action reasonable attorney’s fees and costs.
Section 23.336.040 Severability.
If any provision of this initiative is found to be invalid or unconstitutional, such finding shall not affect the validity or constitutionality of the remaining provisions.
Section 23.336.050 Effective Date.
This initiative shall become effective immediately after its passage by the voters.
