BILL REQ. #:  H-0734.1 

Read first time 01/30/09.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to the rights of pet and livestock owners residing in unincorporated areas subject to annexation by a city or town; adding a new section to chapter 35.10 RCW; and adding a new section to chapter 35A.14 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 35.10 RCW to read as follows:
     (1) Notwithstanding any city or town ordinance in effect at the time of an annexation, or thereafter, pertaining to pet or livestock ownership, a property owner residing in the unincorporated area that is annexed retains the right to own and possess a pet or pets or livestock lawfully in his or her possession at the time of the annexation, subject to the following conditions:
     (a) After the annexation the possession of the pet or pets or livestock continues to be in accordance with the pertinent statutes and county ordinances in effect at the time of annexation;
     (b) The right of a property owner to possess a specific type of pet under this section continues only as long as the pet owned at the time of the annexation remains alive; and
     (c) The possession of the pet or pets or livestock does not violate the provisions of chapter 16.30 RCW, regarding potentially dangerous wild animals.
     (2) The right to the possession of livestock under subsection (1) of this section continues for so long as the original property owner or his or her immediate family members retain ownership of the property. If the property owner is a business entity, the right to retain possession of livestock under subsection (1) of this section continues for so long as the property remains under the ownership of the same entity.
     (3) For the purposes of this section, "pet" means a domesticated or tamed animal that is not owned for a commercial, breeding, or business purpose and which is not otherwise prohibited under chapter 16.30 RCW.

NEW SECTION.  Sec. 2   A new section is added to chapter 35A.14 RCW to read as follows:
     (1) Notwithstanding any city or town ordinance in effect at the time of an annexation, or thereafter, pertaining to pet or livestock ownership, a property owner residing in the unincorporated area that is annexed retains the right to own and possess a pet or pets or livestock lawfully in his or her possession at the time of the annexation, subject to the following conditions:     
     (a) After the annexation the possession of the pet or pets or livestock continues to be in accordance with the pertinent statutes and county ordinances in effect at the time of annexation;     
     (b) The right of a property owner to possess a specific type of pet under this section continues only as long as the pet owned at the time of the annexation remains alive; and
     (c) The possession of the pet or pets or livestock does not violate the provisions of chapter 16.30 RCW, regarding potentially dangerous wild animals.
     (2) The right to the possession of livestock under subsection (1) of this section continues for so long as the original property owner or his or her immediate family members retain ownership of the property. If the property owner is a business entity, the right to retain possession of livestock under subsection (1) of this section continues for so long as the property remains under the ownership of the same entity.
     (3) For the purposes of this section, "pet" means a domesticated or tamed animal that is not owned for a commercial, breeding, or business purpose and which is not otherwise prohibited under chapter 16.30 RCW.