Berkeley's problem squirrels spared mass extermination New legislation means only outlaws will feed the problem critters

A pair of ground squirrels perch on rocks along the shore at Cesar Chavez Park in Berkeley, Calif. on Wednesday, Feb. 12, 2014. A pair of ground squirrels perch on rocks along the shore at Cesar Chavez Park in Berkeley, Calif. on Wednesday, Feb. 12, 2014. Photo: Paul Chinn, The Chronicle Buy photo Photo: Paul Chinn, The Chronicle Image 1 of / 10 Caption Close Berkeley's problem squirrels spared mass extermination 1 / 10 Back to Gallery

Berkeley's squirrels can relax: The city is not going to gas them to death.

After months of deliberation by a specially convened squirrel subcommittee, the city staff has decided that the best way to control the chubby rodents is to stop feeding them.

The City Council unanimously approved a new city law Tuesday night that criminalizes the feeding of wildlife in city parks. Those caught throwing peanuts or breadcrumbs to squirrels, gophers or other critters could face a $1,000 fine, six months in jail or both.

"I'm very pleased. I think this will lead to a very happy ending," said Elliot Katz, head of In Defense of Animals, a San Rafael animal welfare group that led a fight against the city's original plan to exterminate the squirrels. "Our hope is this becomes a model for other cities."

The move to ban feeding wildlife is intended to reduce the population of ground squirrels at Cesar Chavez Park, a grassy, 90-acre former landfill along the Berkeley waterfront. The park's abundant population of squirrels and gophers was apparently burrowing into the dirt, endangering the clay cap that seals in the toxic substances inside the former dump.

Because the toxic substances could potentially leak into San Francisco Bay, the Bay Area Regional Water Quality Control Board told Berkeley it needed to find a solution. The solution staff came up with in February was to kill the squirrels.

This did not sit well with animal lovers, 81,000 of whom sent form-letter e-mails to city staff begging for the squirrels' salvation. So many e-mails, in fact, that the city's computer system gummed up and the e-mails had to be deleted en masse, prompting one councilman to charge censorship.

Because of the public outcry, the council backed off its initial plan and referred the matter to a newly formed squirrel subcommittee to study the issue further.

So instead of killing the squirrels, the city instead will spend $8,000 on new signs and brochures at Cesar Chavez Park informing the public that feeding squirrels is a crime.

The signs and brochures are expected to be installed this summer.