BP BHEAD INT H

AN ACT Relating to lost and unclaimed horses; amending RCW 16.54.010, 16.54.020, and 16.54.030; adding a new section to chapter 16.24 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 16.54.010 and 1977 ex.s. c 67 s 1 are each amended to read as follows:

(1) An animal is deemed to be abandoned under the provisions of this chapter when it is placed in the custody of a veterinarian, boarding kennel owner, or any person for treatment, board, or care and:

((~~(1)~~)) (a) Having been placed in such custody for an unspecified period of time the animal is not removed within fifteen days after notice to remove the animal has been given to the person who placed the animal in such custody or having been so notified the person depositing the animal refuses or fails to pay agreed upon or reasonable charges for the treatment, board, or care of such animal, or;

((~~(2)~~)) (b) Having been placed in such custody for a specified period of time the animal is not removed at the end of such specified period or the person depositing the animal refuses to pay agreed upon or reasonable charges for the treatment, board, or care of such animal.

(2) In addition to subsection (1) of this section, a horse is deemed abandoned if it is a stray or it is lost and the person or persons who found the horse are in the process of complying with RCW 16.54.030.

Sec. 2. RCW 16.54.020 and 1955 c 190 s 2 are each amended to read as follows:

Any person having in his or her care, custody, or control any abandoned animal as defined in RCW 16.54.010, may deliver such animal to any humane society having facilities for the care of such animals or to any pound maintained by or under contract or agreement with any city or county within which such animal was abandoned or, in the case of horses under RCW 16.54.010(2), may keep the horse and is deemed its lawful owner if the person or persons have complied with RCW 16.54.030(2). If no such humane society or pound exists within the county the person with whom the animal was abandoned may notify the sheriff of the county wherein the abandonment occurred.

Sec. 3. RCW 16.54.030 and 1955 c 190 s 3 are each amended to read as follows:

(1) It shall be the duty of the sheriff of such county upon being so notified, to dispose of such animal as provided by law in reference to estrays if such law is applicable to the animal abandoned, or if not so applicable then such animal shall be sold by the sheriff at public auction. Notice of any such sale shall be given by posting a notice in three public places in the county at least ten days prior to such public sale. Proceeds of such sale shall be paid to the county treasurer for deposit in the county general fund.

(2)(a) A person who is in possession of a horse that is abandoned, and whose intent is to be deemed the lawful owner of the abandoned horse if no lawful owner comes forward, must comply with the following:

(i) The person shall provide written notice to the department of agriculture that a horse has been found whose owner is unknown, the name of the person who found the horse, the present location of the horse, and any marks, brands, or identifying characteristics on the horse.

(ii) If the department does not notify the possessor concerning the lawful owner's identity, the person shall either place the horse with the department or keep the horse and place a description of the horse, including the identifying marks of the horse, in a newspaper of general circulation in the county where the horse was found once a week for three consecutive weeks.

(b) The department shall, upon receiving notice under (a)(i) of this subsection, examine its brand registry for a possible match with the description of the lost horse. If the identity of the owner is discovered, the department shall attempt to locate the owner and inform him or her of the location of the horse. If the owner is located, the possessor must turn the horse over to the owner or the department within five days of receiving notice to do so from the department.

(c) If after one year from the date of first publication under (a) of this subsection, an owner is not located by the department or by the possessor nor a claim of ownership made in response to the publication, the person in possession of the horse is deemed the lawful owner of the horse.

NEW SECTION. Sec. 4. A new section is added to chapter 16.24 RCW to read as follows:

A horse that is lost or a stray and is in the possession of a person who is in the process of complying with chapter 16.54 RCW shall not be declared a public nuisance under this chapter and is not subject to impoundment.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.