CHAPTER 5
ANIMAL CRUELTY
SECTION:
6-5-2: Trained To Fight Prohibited
6-5-3: Abuse Of Police Animals
6-5-4 Sale Of Dogs Sourced From Puppy Mills Prohibited
6-5-1 CRUELTY PROHIBITED:
No person shall, within the corporate limits of the City, cruelly beat, whip or mistreat any beast of burden or other animal or bird, nor shall any person starve, neglect to feed or underfeed any animal or bird or subject the same to circumstances of unusual or unnecessary hardship and suffering; provided, however, that the provisions of this Chapter shall not apply to the ordinary treatment of animals in any rodeo or other show licensed under laws of the City.
6-5-2 TRAINED TO FIGHT PROHIBITED:
No person shall train any dog, bird or animal with the intent to use the same in fighting for sport or money, or keep or have the same in his possession for the purpose aforesaid. (Ord. 1041, 8-15-39)
6-5-3 ABUSE OF POLICE ANIMALS:
It shall be unlawful for any person to wilfully or maliciously torture, torment, beat, kick, strike, choke, cut, stab, stone, shoot, mutilate, injure, disable, kill, arouse, anger or excite, or to interfere with or meddle with any animal while it is being caged, kenneled, transported, exhibited, exercised, or used in discharging or attempting to discharge any lawful duty or function or power of office, by any bona fide officer or his representative, for any police agency, within the corporate City limits of the City. (Ord. 3423, 4-28-80)
6-5-4 SALE OF DOGS SOURCED FROM PUPPY MILLS PROHIBITED:
A. Definitions: For purposes of this Section, the following definitions apply:
1. BONA FIDE PROSPECTIVE BUYER: Any person who has a genuine interest in and meets the Dog Salesperson’s objective qualification criteria to acquire a dog through a Dog Salesperson. A Dog Salesperson may not use qualification criteria that would violate any state, local, or federal law. If a Dog Salesperson determines that an interested prospective buyer is not qualified or otherwise eligible to acquire a dog from the Dog Salesperson, the Dog Salesperson shall provide the interested prospective buyer their reason(s) for such determination in writing.
2. BREEDER: One or more persons that together (in agency, employment, partnership, or other contractual arrangement) keep, house, or breed dogs for the purpose of selling some or all of the dogs’ puppies for a profit.
3. BREEDING FACILITY: All premises used by a single Breeder and their employees, agents, and business partners to keep, house, or breed dogs and/or their puppies.
4. DOG SALESPERSON: One or more persons that together (in agency, employment, partnership, or other arrangement) markets for sale, delivers, or sells a dog in the City of Renton for more than one thousand dollars ($1,000). Unless otherwise specifically provided herein, if more than one person is engaged together as a Dog Salesperson through the same partnership, business entity, or employer, all such persons shall be jointly and severally responsible for ensuring the partnership, business entity, or employer complies with all requirements of this Section.
5. FINANCING AGREEMENT: An agreement in which the buyer agrees to terms to pay in full or in part after delivery for a dog purchased or delivered within the City of Renton.
6. PERSON: Any person, individual, corporation, firm, association, joint venture, partnership, company, or any other entity whatsoever.
7. PUPPY MILL: A Breeding Facility that is operated by a Breeder with unhealthy or unsafe conditions, without adequate veterinary care, without adequate human interaction, or with practices in which the customers and ultimate buyers of dogs are not allowed to inspect the dogs’ veterinary records and/or living conditions. For the purposes of this Section, any Breeding Facility that is operated by a Breeder within six (6) months of selling a dog in any one of the following conditions or ways is a Puppy Mill, unless the conditions are a result of specific instructions of a licensed doctor of veterinary medicine:
a. More than fifty (50) dogs with intact sexual organs that are over the age of six (6) months are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder;
b. More than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, and the Breeder does not:
i. Provide space to allow each dog to turn about freely, to stand, sit, and lie down;
ii. Ensure that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously;
iii. Ensure the interior height of all enclosures are at least six inches (6”) higher than the head of the tallest dog in the enclosure when it is in a normal standing position;
iv. Ensure all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade; or
v. Provide each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine;
c. Any dogs in the Breeding Facility are not provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder’s business;
d. The Breeder does not allow their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility;
e. The Breeder fails to provide veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog;
f. Any dogs are kept in enclosures that fail to keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean;
g. Any dogs are kept in conditions that are not sanitary according to applicable local health regulations;
h. Any dogs are kept in enclosures that are not well ventilated to minimize odors, drafts, ammonia levels, or to prevent moisture condensation;
i. Any dogs are kept in areas that are not constructed and maintained to protect the dogs from injury;
j. Feces, hair, dirt, debris, and/or food waste is not removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors;
k. Any dogs are kept in the same enclosure with other dogs that are not compatible, including any dog that is vicious or has an aggressive disposition;
l. Any female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes;
m. Any puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision;
n. Any dogs are not provided with easy and convenient access to adequate amounts of clean food and water or regularly cleaned and sanitized food and water receptacles;
o. Any dogs are not provided at all times with readily accessible potable water that is not frozen and is free from debris;
p. Any dogs younger than twelve (12) months or older than eight (8) years are used for breeding;
q. Any female dog is bred more than a maximum of six (6) litters in their lifetime;
r. Any dogs are not provided with appropriate regular and frequent human interaction, including appropriate play, training, and petting.
8. SALES CONTRACT: An agreement that irrevocably binds a Person to purchase a dog for more than one-thousand dollars ($1,000).
B. Duty of Dog Salesperson: No Dog Salesperson may sell, market for sale, or deliver a dog within the City of Renton for more than one thousand dollars ($1,000) unless such person first (i) personally confirms through diligent investigation with reasonable certainty that the dog was not bred in a Puppy Mill, (ii) arranges with the Breeder to offer to give any Bona Fide Prospective Buyer an opportunity to interview the Breeder and inspect the Breeding Facility in which the dog was bred and (iii) obtains from the Breeder and provides copies thereof to the buyer complete veterinarian records of the dog and its mother. The inspection and interview required to be offered by (ii) may be conducted either in person at the Breeding Facility or through live video teleconference.
C. Completion of Affidavits Affirming Dogs Not Sourced From Puppy Mill Required: Prior to the earlier of marketing, selling, or delivering each dog within the City of Renton for compensation from a buyer of more than one thousand dollars ($1,000), the Dog Salesperson shall:
1. Obtain from the dog’s Breeder an affidavit that verifies by personal knowledge that each dog was not bred in or sourced from a Puppy Mill; and
2. If the Dog Salesperson is not the Breeder, the Dog Salesperson shall personally interview the Breeder, inspect the Breeding Facilities, and complete an affidavit that verifies to the best of the Dog Salesperson’s knowledge that each dog is not sourced from a Puppy Mill. If the Dog Salesperson is an entity or partnership and different individuals have the personal knowledge necessary to complete the required affidavit, more than one affidavit may be used to supply the required verifications. An individual employed by or partnering with the Dog Salesperson may rely upon affidavits provided to them by another employee or partner of the Dog Salesperson so long as they have personally reviewed such affidavits prior to marketing, delivering, or selling each dog and they believe in good faith that the affidavits are true and correct and that the dog was not sourced from a Puppy Mill.
D. Affidavits To Be Provided to Bona Fide Prospective Buyers Prior To Purchase: A Dog Salesperson shall provide a copy of the affidavit(s) required by this Section to any Bona Fide Prospective Buyer prior to the earlier of delivery, finalizing a Sales Contract, or exchange of payment for the dog, regardless of whether the affidavit is requested by the buyer. Any contract that does not allow a buyer to opt out of purchasing a dog, without penalty or payment, after having a reasonable period of time to review the affidavit(s) shall be void and unenforceable against the buyer.
E. Content of Affidavit(s): The affidavit(s) required by this Section shall be on a template that is preapproved by the City, retained by the Dog Salesperson for no less than two (2) years after the dog is sold, and include verifiable information that identifies the Breeder and Breeding Facility, and documents how the person signing the affidavit knows the Breeding Facility is not a Puppy Mill. Collectively, the information included within the required affidavits shall include, at a minimum, the following:
1. The name of the dog’s mother;
2. Name of Breeder, city and state of the Breeding Facility, and applicable state unified business identification number or business license number;
3. Dog Salesperson’s name, city and state of primary place of business, Washington state unified business identification number, and City of Renton business license number;
4. If the Breeder is required to obtain a USDA license the license number(s) for such Breeder;
5. The total number of dogs over the age of six (6) months with sexual organs intact that are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder as of the birthday of the dog being sold/delivered;
6. If the dog was acquired by the seller through a USDA Class B Dealer/Broker, the name, location, and USDA license number for such Dealer;
7. Confirmation that the Dog Salesperson has interviewed the Breeder (if the Dog Salesperson is not the Breeder) and inspected the dog’s Breeding Facility with particular attention to each of the conditions that could cause it to be classified as a Puppy Mill and confirmed that no such conditions exist. The inspection and interview may be conducted either in person or through live video teleconference. Such interview and inspection shall have occurred within six (6) months of the day the dog is sold, marketed for sale, or delivered; and
8. Confirmation that the Breeder will allow any Bona Fide Prospective Buyer to interview the Breeder, inspect the Breeding Facilities, and obtain copies of the dog and its mother’s complete veterinary records as required by this Section.
F. Exceptions: Except for as provided below, this Section does not apply to the following persons:
1. A person selling a trained service or police dog;
2. A government agency; or
3. A government operated or contracted animal control facility or shelter.
G. Information Posted on Enclosures Required: Any Dog Salesperson marketing a dog that is physically located within the City for compensation from a buyer of more than one thousand dollars ($1,000) shall include on any enclosure used to display each dog for sale the following:
1. The advertised price of such dog in dollars denoted with a $ symbol;
2. Either a copy of the affidavit(s) required by this Section or a reference to availability of the affidavit upon request (e.g. “Affidavit(s) Affirming Dog Not Sourced From Puppy Mill Available Upon Request”);
3. Breeder name, city, and state; and
4. Breeder’s USDA license number, if applicable.
H. Financing Agreement Enforceability: No Person may require payment for a dog sold or delivered for more than one-thousand dollars ($1,000) within the City of Renton or take any action to enforce a Financing Agreement prior to (i) the buyer receiving the affidavit(s) required by this Section, (ii) the buyer being offered an opportunity to interview the Breeder and inspect the dog’s Breeding Facility and (iii) the buyer being provided complete veterinary records of the dog and its mother.
I. Certain Agreements Prohibited: No Dog Salesperson may require a buyer or Bona Fide Prospective Buyer of a dog to:
1. Waive the requirements of this Section; or
2. Enter into a confidentiality agreement that would:
a. Prevent or deter the buyer or Bona Fide Prospective Buyer from reporting information to a government agency that the buyer or Bona Fide Prospective Buyer believe in good faith contains evidence that the Dog Salesperson and/or Breeder may have violated a law such government agency is responsible for enforcing; or
b. Prevent or deter the buyer from providing honest public reviews of a Dog Salesperson’s services so long as such reviews do not reveal legitimately legally protected trade secrets or private personal information in which there is no legitimate public interest.
J. Penalty: Any Person who violates this Section shall be guilty of a misdemeanor. Any business found to violate this Section shall be subject to having its business license revoked pursuant to the provisions of Title V of the Renton Municipal Code, regardless of whether such business is first convicted of a crime under this Section. (Ord. 6072, 7-11-22)