BP BHEAD INT S [atlas:bill]

AN ACT Relating to protecting citizens from dangerous wildlife; and adding new sections to chapter 16.52 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 16.52 RCW to read as follows:

The department of health, working in close consultation with the departments of fish and wildlife and agriculture, shall establish a set of guidelines for the proper keeping of lions, tigers, and other cat species, not included in the statutory definition of wildlife in RCW 77.08.010, as pets. Proper keeping of the species Felis catus, the domestic cat, shall not be included in the guidelines. The guidelines shall be directed toward assuring the health, welfare, and safety of the animals and of the surrounding community. The guidelines shall be no more restrictive on pet owners than is reasonably necessary to accomplish this purpose. The guidelines shall include appropriate standards for indoor and outdoor facilities and for cage size and construction for the various species. The guidelines shall also include appropriate standards for security of the animals and transport of the animals to provide for the safety of the public.

In developing these guidelines, the department shall, at a minimum, solicit input from zoos, animal rehabilitation facilities, animal control associations, private organizations with expertise regarding these cat species, and veterinarians with expertise in caring for these cat species. Current pet owners of these cat species may also submit information to the department. The department may maintain a list of contact people in the state who offer information that may be useful to a person who keeps or is contemplating keeping a member of one of these cat species as a pet.

The department shall complete the guidelines no later than December 1, 1998, and shall publish notice in the Washington State Register that the guidelines have been established and are available from the department.

NEW SECTION. Sec. 2. A new section is added to chapter 16.52 RCW to read as follows:

(1) A city, town, or county legislative authority may prohibit by ordinance the keeping of lions, tigers, and other nonindigenous cat species other than domestic cats as pets within the boundaries of the local government.

(2) Once the department of health has published notice of the guidelines as directed in section 1 of this act, a city, town, or county legislative authority choosing to allow persons to keep lions, tigers, and other nonindigenous cat species other than domestic cats as pets must adopt an ordinance authorizing these animals to be kept as pets, and the ordinance must be at least as strict as the department of health guidelines. The provisions of this section do not preclude a city, town, or county legislative authority from adopting stricter requirements than the guidelines established by the department of health.

(3) If a city, town, or county legislative authority adopted an ordinance that regulates the keeping of one or more of these cat species as pets prior to the publication of the notice of guidelines, then a person who is keeping one of these cat species as a pet in accordance with the preexisting ordinance may continue to be regulated by the terms of that ordinance rather than the new ordinance that meets the requirements of the department of health guidelines. A preexisting ordinance may only regulate those particular animals that are being kept prior to the publication of the notice of guidelines and that continue to be kept in the same location.

NEW SECTION. Sec. 3. A new section is added to chapter 16.52 RCW to read as follows:

A person who keeps a tiger, lion, or other nonindigenous cat species other than domestic cats as a pet is liable for any damages incurred by a person, local government, or state agency resulting from the escape from custody of the animal. Damages include any court costs and reasonable attorneys' fees. The person is also liable for costs incurred by local enforcement agents dealing with abandonment and relocation of these animals.