Animals, Estrays, Brands & Fences -- Prevention of Cruelty) 16.52.110 Old and diseased animals at large

1901

Summary: Prohibits owners, drivers and custodians of old, maimed, or diseased cows, horses, mules or other domestic animals from permitting same to go loose in any lane, street, lot or square without proper care and attention for more than three hours after knowledge of same. Such animals found abandoned on public highways or in any township must be killed by a peace or public officer.

Penalty: Misdemeanor (9.93.030) maximum 90 days confinement and/or maximum $1,000 fine. (16.52.200) Court also must order forfeiture if one of the animals involved in violation dies or if there were prior convictions. Court may order forfeiture if the treatment is severe or likely to reoccur. If forfeiture ordered, owner must be prohibited from owning or caring for similar animals for two years. Convicted offender will be liable for reasonable expenses including investigation and animal's care, euthanasia or adoption. Also $1,000 civil fine to county to prevent animal cruelty. Also participation in cruelty prevention program or psych. treatment may be ordered at offender's expense.

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(Animals, Estrays, Brands & Fences Abandoned Animals) 16.54.010 When deemed abandoned	1955,1977

Summary: For this chapter, 'Abandoned' = placing an animal in the custody of a vet, boarding kennel owner or anyone for treatment, boarding, or care and: failing to remove the animal within 15 days after notice to remove has been given; or failing or refusing to pay the agreed-upon or reasonable charges for the treatment, board, or care for 15 days after notice to remove has been given; or having placed the animal in such custody for a specified time, the animal is not removed at the end of the time, or failing or refusing to pay the agreed-upon or reasonable charges for the services

Penalty: Per 16.54.020, the custodian of the abandoned animal can turn the animal over to a humane society or pound or, if none exists, the sheriff. Per 16.54.030, the sheriff must dispose of the animal using the estray laws or at public auction. Notice of public auction required 10 days in advance. Proceeds go to county.

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(Animals, Estrays, Brands & Fences Dogs) 16.08.020 Dogs injuring livestock	1917,1929

Summary: Allows anyone who sees a dog chasing, biting, injuring or killing sheep, swine, poultry or domestic animals on one's property or a public highway to kill the dog. If the owner of a dog is notified that the dog has been found chasing, biting, injuring or killing sheep, swine, poultry or domestic animals, then the owner must keep the dog on a leash or confined on his premises. If the dog is later found running at large, the owner of the domestic animals can kill the dog.

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(Animals, Estrays, Brands & Fences Prevention of Cruelty) 16.52.011 Definitions	1994

Summary: 'Animal' = any nonhuman mammal, bird, reptile or amphibian

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(Animals, Estrays, Brands & Fences Prevention of Cruelty) 16.52.090 Docking horses	1871,1901

Summary: Prohibits cutting, causing to be cut, or assisting in the cutting of the solid part of any horse's tail in the procedure known as docking, or any other operation with the purpose of shortening the tail or changing the carriage of the tail.

Penalty: Misdemeanor (per 16.52.165) maximum 60 days confinement and/or maximum $150 fine; and must pay prosecution costs. (16.52.200) Court also must order forfeiture if one of the animals involved in violation dies or if there were prior convictions. Court may order forfeiture if the treatment is severe or likely to reoccur. If forfeiture ordered, owner must be prohibited from owning or caring for similar animals for two years. Convicted offender will be liable for reasonable expenses including investigation and animal's care, euthanasia or adoption. Also $1,000 civil fine to county to prevent animal cruelty. Also participation in cruelty prevention program or psych. treatment may be ordered at offender's expense.

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(Animals, Estrays, Brands & Fences Prevention of Cruelty) 16.52.095 Cutting ears	1871,1994

Summary: Prohibits cutting off more than half the ear or ears of any domestic animal such as an ox, cow, bull, calf, sheep, goat, hog or dog.

Exception: Customary animal husbandry practice.

Penalty: Misdemeanor, maximum $20 fine. (16.52.200) Court also must order forfeiture if one of the animals involved in violation dies or if there were prior convictions. Court may order forfeiture if the treatment is severe or likely to reoccur. If forfeiture ordered, owner must be prohibited from owning or caring for similar animals for two years. Convicted offender will be liable for reasonable expenses including investigation and animal's care, euthanasia or adoption. Also $1,000 civil fine to county to prevent animal cruelty. Also participation in cruelty prevention program or psych. treatment may be ordered at offender's expense.

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(Animals, Estrays, Brands & Fences Prevention of Cruelty) 16.52.100 Confinement without food and water	1901,1994

Summary: Allows any person to enter and open any pound or place where any domestic animal is impounded or confined without necessary food and water for more than 36 consecutive hours. Entry is allowed for supplying the animal with necessary food and water as long as the animal is confined. Immunity from liability for the entry.

Penalty: If investigating officer finds it extremely difficult to supply confined animals with food and water, the officer can remove the animals to protective custody. Lien on animal for reasonable cost of food and water. Animals can be attached and sold per a judgment.

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(Animals, Estrays, Brands & Fences Prevention of Cruelty) 16.52.180 and 16.52.185 Exclusions and limitations	1901,1994

Summary: Exceptions to chapter 16.52: game laws destroying venomous reptiles or any reptile known as dangerous to life, limb or property animals used & killed for food animals used for properly conducted scientific experiments performed under the authority of college faculty or research facility registered with USDA accepted animal husbandry practices for livestock or poultry rodeos (normal and usual) normal and usual exhibition of animals at fairs per 15.76.120

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(Animals, Estrays, Brands & Fences Prevention of Cruelty) 16.52.205 Animal cruelty in first degree	1994

Summary: Prohibits intentionally inflicting substantial pain, causing physical injury or killing an animal by means causing undue suffering or forcing a minor to inflict unnecessary pain, injury or death on an animal.

Penalty: Class C Felony, maximum five yrs confinement and/or maximum $10,000 fine. (16.52.200) Court also must order forfeiture if one of the animals involved in violation dies or if there were prior convictions. Court may order forfeiture if the treatment is severe or likely to reoccur. If forfeiture ordered, owner must be prohibited from owning or caring for similar animals for two years. Convicted offender will be liable for reasonable expenses including investigation and animal's care, euthanasia or adoption. Also $1,000 civil fine to county to prevent animal cruelty. Also participation in cruelty prevention program or psych. treatment may be ordered at offender's expense.

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(Animals, Estrays, Brands & Fences Prevention of Cruelty) 16.52.207 Animal cruelty in the second degree	1994

Summary: Prohibits knowingly, recklessly or with criminal negligence, in circumstances not amounting to first degree animal cruelty, inflicting unnecessary suffering or pain upon an animal. Prohibits an owner who knowingly, recklessly or with criminal negligence from: failing to provide 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 abandoning the animal.

Exception: If the failure was due to economic distress beyond his/her control.

Penalty: Misdemeanor (9.92.030) maximum 90 days confinement and/or maximum $1,000 fine. (16.52.200) Court also must order forfeiture if one of the animals involved in violation dies or if there were prior convictions. Court may order forfeiture if the treatment is severe or likely to reoccur. If forfeiture ordered, owner must be prohibited from owning or caring for similar animals for two years. Convicted offender will be liable for reasonable expenses including investigation and animal's care, euthanasia or adoption. Also $1,000 civil fine to county to prevent animal cruelty. Also participation in cruelty prevention program or psych. treatment may be ordered at offender's expense

(Animals, Estrays, Brands & Fences Prevention of Cruelty) 16.52.220 Transfers of mammals for research

1989

Summary: Requires all transfers of mammals to research institutions to be accompanied by a written certification that is dated and signed under penalty of perjury. Certifications: breeder statement certifying Class A dealership status and showing the chain of breeding; or true owner certification including the date animal was obtained and the person or source from whom obtained and must include driver license or business license number (if a shelter, it must state the time the animal was in its custody).

Exceptions: rats and mice bred for use in research livestock animals obtained from a source outside the US Requires all research institutions to open a file (to be held for two years and open to public inspection) for each dog or cat transferred to the institution ,which must include the certification, description of the animal, and photo of animal.

Requires the institutions to adopt a policy that research cannot be conducted on a pet without written permission of the pet's owner; any animal acquired that is determined to be a pet will be returned to its owner; and an employee must be designated to investigate citizen and other inquiries that a pet is at the institution (and must inform the citizens of their access to animal files and rapidly return pets to owners).

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(Animals, Estrays, Brands & Fences Prevention of Cruelty) 16.52.190 Poisoning animals	1941,1994

Summary: Prohibits intentionally or knowingly poisoning an animal under circumstances that do not constitute animal cruelty in 1st degree.

Exceptions: reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for intended purposes lawful and humane euthanasia.

'Rodent' = ground squirrels, rats, mice, gophers, rabbits and those injurious to agricultural interests of state (chapter 17.16) eAlso see 16.52.193 for regulation of strychnine sales.e

Penalty: Gross Misdemeanor per 16.52.195, maximum one year confinement and/or maximum $5,000 fine; may have to forfeit animal; may have to take an animal cruelty prevention program.

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(Crimes & Punishments Animals) 9.08.070 Pet theft or injury	1982,1989

Summary: Prohibits the following with intent to deprive or defraud the owner: taking, leading away, confining, converting or secreting any pet animal concealing the identity of any pet animal (or the animal's owner) by obscuring, altering or removing any collar, license, tattoo or identifying device or mark willfully or recklessly injuring or killing any pet animal Prohibits receiving with intent to sell to a research institution in Washington a pet that the person knows or has reason to know has been stolen or fraudulently obtained.

Exception: USDA licensed dealer.

Prohibits selling or transferring to another a pet animal that one knows (or has reason to know) has been stolen or fraudulently obtained when one knows (or has reason to know) that the second person has previously sold a stolen or fraudulently obtained animal to a research institution in Washington.

Prohibits USDA licensed dealers from: receiving with intent to sell to a research institution in Washington selling to a Wash. research institution transferring directly or through a 3rd party to a Wash. research institution a pet animal that the dealer knows or has reason to know has been stolen or fraudulently obtained.

Exceptions: Lawful acts of humane society, animal control or animal shelter employees.

Penalty: Gross misdemeanor, mandatory minimum fine of $500 per animal. Per 9A.20.021(2), maximum one year confinement and/or maximum $5,000 fine. Each animal sold, received or transferred = separate offense.

***** 1st Offense: Gross Misdemeanor, mandatory minimum fine of $500 per animal. Per 9A.20.021(2), maximum one year confinement and/or maximum $5,000 fine. 2nd or Subsequent: Class C Felony, mandatory minimum fine of $1,000 per animal. Also, see 9A.20.021(1)(c). Each animal sold, received or transferred = separate offense.

***** Class C Felony, mandatory minimum fine of $1,000 per animal. Also, see 9A.20.021(1)(c). Each animal sold, received or transferred = separate offense.

***** Class C Felony, mandatory minimum fine of $1,000 per animal. Also, see 9A.20.021(1)(c). Each animal sold, received or transferred = separate offense.

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(Crimes & Punishments Malicious Mischief) 9.61.190 Carrier or racing pigeons	1963,1987

Summary: Prohibits any person, other than the owner or his agent, from knowingly shooting, killing, maiming, injuring, molesting, entrapping or detaining any Antwerp messenger or racing pigeon if the pigeon bears a specific id mark.

Penalty: Class 1 civil infraction

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(Crimes & Punishments Miscellaneous Crimes) 9.91.170 Interfering with service animal	2001

Summary: Prohibits, with reckless disregard: obstructing, intimidating or jeopardizing the safety of a guide dog or service animal (or his user) after receiving notice that one's behavior is interfering allowing one's dog to interfere with the use of a guide dog or service animal by obstructing, intimidating or jeopardizing the safety of a guide dog or service animal (or his user).

Prohibits with reckless disregard: injuring, disabling, or causing the death of a guide dog or service animal allowing one's dog to injure, disable, or cause the death of a guide dog or service animal.

Prohibits intentionally injuring, disabling or causing the death of a guide dog or service animal.

Prohibits intentionally wrongfully obtaining or exerting unauthorized control over a guide dog or service animal.

Penalty: Misdemeanor 2nd or Subsequent: Gross Misdemeanor Also, restitution for all damages, including incidentals. ***** Gross Misdemeanor Also, restitution for replacement dog, training, vet expenses, lost wages and medical expenses. ***** Class C Felony Also, restitution for replacement dog, training, vet expenses, lost wages and medical expenses. ***** 1st Degree Theft Also, restitution for replacement dog, training, vet expenses, lost wages and medical expenses.

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(Criminal Code Theft & Robbery) 9A.56.080 Theft of livestock	1975,1986

Summary: Prohibits willfully taking, leading, transporting away, or concealing any horse, mule, cow, heifer, bull, steer, swine or sheep with intent to sell or exchange and deprive the owner of the animal. Prohibits willfully taking, leading, transporting away, or concealing any horse, mule, cow, heifer, bull, steer, swine or sheep.

Penalty: 1st Degree Theft: Class B Felony. Per 9A.56.085, also $2,000 fine for each animal 2nd Degree Theft: Class C Felony. Per 9A.56.085, also $2,000 fine for each animal.

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Animals, Estrays, Brands & Fences Dogs) 16.08.030 Marauding dogs	1917,1929

Summary: Requires owners or custodians of a dog that has been found killing any domestic animal to kill the dog within 48 hours after notice received. Requires the sheriff or deputy sheriff to kill any dog running at large without a metal id tag between August 1 and March 1 annually.

Penalty: Owner's failure to kill the dog = misdemeanor