Chapter 9.36
ANIMALS

Sections:

9.36.010    Prohibited acts.

9.36.020    Laying out poison.

9.36.030    Pets – Taking, concealing, injuring, killing, etc., unlawful.

9.36.010 Prohibited acts.

Every person who:

(1) Wilfully or for the amusement of himself or others, or for gain, causes any bull, bear, cock, dog or other animal to fight, chase, worry or injure any other animal, or to be fought, chased, worried or injured by any man or animal, and every person who permits the same to be done on any premises under his charge or control; and every person who aids, abets, or is present at such fighting, chasing, worrying or injuring of such animal as a spectator; or

(2) Owns, possesses, keeps, or trains any bird or other animal with the intent that such bird or other animal shall be engaged in an exhibition of fighting, or is present at any place, building or tenement, where training is being had or preparations are being made for the fighting of birds or other animals, with the intent to be present at such exhibition, is guilty of a misdemeanor. (Ord. 351 § 12, 1969)

9.36.020 Laying out poison.

Any person who lays out or exposes any kind of poison, or leaves exposed any poisoned food or drink for man, animal, or fowl, or any substance or fluid wherein or whereon there is or shall be deposited or mingled any kind of poison or poisonous or deadly substance or fluid, on the premises of another, or in any unenclosed place, or in any place which the person knows is frequented by other persons, animals, or fowls, is guilty of a misdemeanor. Nothing in this section shall be construed as preventing any person from poisoning rodents or other nonvaluable, or nonprotected animals or birds, so long as no danger to other persons, or valuable or protected animals or birds is created. (Ord. 351 § 19, 1969)

9.36.030 Pets Taking, concealing, injuring, killing, etc., unlawful.

(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor and shall be punished as prescribed under RCW 9A.20.021(2) and by a mandatory fine of not less than $500.00 per pet animal except as provided by subsection (1)(D) of this section:

(A) Takes, leads away, confines, secretes or converts any pet animal, except in cases in which the value of the pet animal exceeds $250.00;

(B) Conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark;

(C) Wilfully or recklessly kills or injures any pet animal, unless excused by law;

(D) Nothing in this subsection or subsection (2) of this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040 or 9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160 or 9A.56.170 for possession of stolen property.

(2)(A) It is unlawful for any person to receive with intent to sell to a research institution in the state of Washington, or sell or otherwise directly transfer to a research institution in the state of Washington, a pet animal that the person knows or has reason to know has been stolen or fraudulently obtained. This subsection does not apply to U.S.D.A. licensed dealers.

(B) The first conviction under subsection (2)(A) of this section is a gross misdemeanor and is punishable as prescribed under RCW 9A.20.021(2) and by a mandatory fine of not less than $500.00 per pet animal. A second or subsequent conviction under subsection (2)(A) of this section is a Class C felony and is punishable as prescribed under RCW 9A.20.021(1)(c) and by a mandatory fine of not less than $1,000 per pet animal.

(3)(A) It is unlawful for any person, who knows or has reason to know that a pet animal has been stolen or fraudulently obtained, to sell or otherwise transfer the pet animal to another who the person knows or has reason to know has previously sold a stolen or fraudulently obtained pet animal to a research institution in the state of Washington.

(B) A conviction under subsection (3)(A) of this section is a Class C felony and shall be punishable as prescribed under RCW 9A.20.021(1)(c) and by a mandatory fine of not less than $1,000 per pet animal.

(4)(A) It is unlawful for a U.S.D.A. licensed dealer to receive with intent to sell, or sell or transfer directly or through a third party, to a research institution in the state of Washington, a pet animal that the dealer knows or has reason to know has been stolen or fraudulently obtained.

(B) A conviction under subsection (4)(A) of this section is a Class C felony and shall be punishable as prescribed under RCW 9A.20.021(1)(c) and by a mandatory fine of not less than $1,000 per pet animal.

(5) The sale, receipt or transfer of each individual pet animal in violation of subsections (1), (2), (3) and (4) of this section constitutes a separate offense.

(6) The provisions of subsections (1), (2), (3) and (4) of this section shall not apply to the lawful acts of any employee, agent or director of any humane society, animal control agency or animal shelter operated by or on behalf of any government agency, operating under law. (Ord. 1074, 1996)