Chapter 6.08
ANIMAL CRUELTY
Sections:
6.08.020 Use of force violations.
6.08.030 Transporting or confining in unsafe manner.
6.08.040 Removal of animals for care.
6.08.050 Confinement without food and water – Intervention by others.
6.08.060 Animal fighting – Owners, trainers, spectators – Exceptions.
6.08.070 Dogs or cats used as bait – Seizure.
6.08.080 Redemption of animals subject to cruelty – Requirements.
6.08.010 Cruelty violations.
A. A person is guilty of animal cruelty in the first degree when:
1. Except as authorized by law, he or she intentionally (a) inflicts substantial pain on; (b) causes physical injury to; or (c) kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an animal; or (d) by intentionally poisoning an animal.
2. Animal cruelty in the first degree is a Class C felony enforced by the City’s law enforcement authority.
B. A person is guilty of animal cruelty in the second degree if:
1. Under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal.
2. An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or if he or she abandons the animal.
3. Animal cruelty in the second degree is a gross misdemeanor and may be enforced by the Animal Control Officer or Law Enforcement Officer. (Ord. C-669 § 65, 2008)
6.08.020 Use of force violations.
It is lawful for a person to use force against and kill, if necessary, an obviously potentially dangerous animal for the purpose of protecting or defending any person or person’s property against such animal. (Ord. C-669 § 66, 2008)
6.08.030 Transporting or confining in unsafe manner.
It is unlawful for any person to willfully transport, confine, or cause to be transported or confined any animal in a manner, posture, or confinement that will jeopardize the safety of the animal or the public. (Ord. C-669 § 67, 2008)
6.08.040 Removal of animals for care.
A. If a Law Enforcement Officer or Animal Control Officer has probable cause to believe that an owner of an animal has violated this chapter and no responsible person can be found to assume the animal’s care, the officer may authorize with a warrant the removal of the animal from the owner’s property to a suitable place for feeding and care or place the animal under the custody of an animal care agency. In determining a suitable place, the officer shall consider the animal’s needs including its size and behavioral characteristics; an officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition.
B. If a Law Enforcement Officer or an Animal Control Officer has probable cause to believe a violation of this chapter has occurred, the officer may authorize an examination of a domestic animal allegedly neglected or abused in violation of this chapter by a veterinarian to determine whether the level of neglect or abuse in violation of this chapter is sufficient to require removal of the animal. This section does not condone illegal entry onto private property.
C. Any owner whose domestic animal is removed pursuant to this section shall be given written notice of the circumstances of the removal and notice of the legal remedies available to the owner. The notice shall be given by posting, at the place of seizure, by delivery to a person residing at the place of seizure, or by registered mail if the owner is known. In making the decision to remove an animal pursuant to this chapter, the officer shall make a good faith effort to contact the animal’s owner before removal. (Ord. C-669 § 68, 2008)
6.08.050 Confinement without food and water – Intervention by others.
If any domestic animal is impounded or confined without necessary food and water for more than 36 consecutive hours, any person may, as is necessary, enter into and open any pound or place of confinement in which any domestic animal is confined and supply it with food and water so long as it is confined. The person shall not be liable to action for the entry and may collect from the animal’s owner the reasonable cost of food and water. The animal shall be subject to attachment for the costs and shall not be exempt from levy and sale upon execution issued upon a judgment. If an investigating officer finds it extremely difficult to supply the confined animals with food and water, the officer may remove the animals to protective custody for that purpose. (Ord. C-669 § 69, 2008)
6.08.060 Animal fighting – Owners, trainers, spectators – Exceptions.
A. It is unlawful for any person to:
1. Possess, keep, promote, or train any animal with the intent that the animal shall be engaged in an exhibition for amusement or gain of fighting with another animal;
2. Cause, aid, or abet an animal to fight with another, or cause any animals to injure each other;
3. Permit any act in violation of subsection (A)(1) or (2) of this section to be done on any premises under his or her charge or control;
4. Be knowingly present, as a spectator, at any place or building where preparations are made for an exhibition of the fighting or injuring of animals as described in subsection (A)(1) or (2) of this section.
B. Nothing in this section may prohibit the following:
1. The use of dogs in the management of livestock as defined by Chapter 16.57 RCW, by the owner of the livestock, or by the owner’s employees or agents or other people in lawful custody of the livestock;
2. The use of dogs in hunting as permitted by law; or
3. The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law. (Ord. C-669 § 70, 2008)
6.08.070 Dogs or cats used as bait – Seizure.
A. If any person commits the crime of animal cruelty in the first or second degree by using or trapping domestic dogs or cats as bait, prey or targets for the purpose of training dogs or other animals to track, fight, or hunt, Law Enforcement Officers or Animal Control Officers shall seize and hold the animals. The seized animals shall be disposed of by the court pursuant to the provisions of RCW 16.52.200(3).
B. This shall not in any way interfere with or impair the operation of any provisions of RCW Title 28B relating to higher education or biomedical research. (Ord. C-669 § 71, 2008)
6.08.080 Redemption of animals subject to cruelty – Requirements.
The Chief of Police shall have authority to impound an animal maintained in violation of this chapter and shall hold such animal for at least 72 hours after proper notification of the owner or keeper. Redemption of such an animal shall be permitted only after payment of all costs and fees incurred and upon the written agreement of the owner or keeper to take such actions as are necessary to prevent reoccurrence of the violation. This is permitted, provided the violation does not subject the animal to impounding without right of redemption to the owner or keeper. (Ord. C-669 § 72, 2008)