BILL REQ. #: H-1182.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/01/11. Referred to Committee on Judiciary.
AN ACT Relating to the humane treatment of dogs; amending RCW 16.52.011; adding a new section to chapter 16.52 RCW; prescribing penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 16.52.011 and 2009 c 287 s 1 are each amended to read
as follows:
(1) Principles of liability as defined in chapter 9A.08 RCW apply
to this chapter.
(2) The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(a) "Abandons" means the knowing or reckless desertion of an animal
by its owner or the causing of the animal to be deserted by its owner,
in any place, without making provisions for the animal's adequate care.
(b) "Animal" means any nonhuman mammal, bird, reptile, or
amphibian.
(c) "Animal care and control agency" means any city or county
animal control agency or authority authorized to enforce city or county
municipal ordinances regulating the care, control, licensing, or
treatment of animals within the city or county, and any corporation
organized under RCW 16.52.020 that contracts with a city or county to
enforce the city or county ordinances governing animal care and
control.
(d) "Animal control officer" means any individual employed,
contracted, or appointed pursuant to RCW 16.52.025 by an animal care
and control agency or humane society to aid in the enforcement of
ordinances or laws regulating the care and control of animals. For
purposes of this chapter, the term "animal control officer" shall be
interpreted to include "humane officer" as defined in (f) of this
subsection and RCW 16.52.025.
(e) "Euthanasia" means the humane destruction of an animal
accomplished by a method that involves instantaneous unconsciousness
and immediate death, or by a method that causes painless loss of
consciousness, and death during the loss of consciousness.
(f) "Humane officer" means any individual employed, contracted, or
appointed by an animal care and control agency or humane society as
authorized under RCW 16.52.025.
(g) "Law enforcement agency" means a general authority Washington
law enforcement agency as defined in RCW 10.93.020.
(h) "Necessary food and water" means ((the provision at suitable
intervals of wholesome foodstuff suitable for the animal's age and
species and sufficient to provide a reasonable level of nutrition for
the animal)) food or feed appropriate to the species for which it is
intended. Both food and water must be in sufficient quantity and
quality to sustain the animal and must be easily accessible to the
animal.
(i) "Necessary shelter" means a structure that keeps the animal
clean, dry, and protected from the elements, allows the animal to turn
around freely, sit, stand, and lie without restriction, and does not
cause injury, disfigurement, or physical impairment to the animal.
(j) "Owner" means a person who has a right, claim, title, legal
share, or right of possession to an animal or a person having lawful
control, custody, or possession of an animal.
(((j))) (k) "Person" means individuals, corporations, partnerships,
associations, or other legal entities, and agents of those entities.
(((k))) (l) "Similar animal" means an animal classified in the same
genus.
(((l))) (m) "Substantial bodily harm" means substantial bodily harm
as defined in RCW 9A.04.110.
NEW SECTION. Sec. 2 A new section is added to chapter 16.52 RCW
to read as follows:
(1)(a) An owner may be charged with unlawful tethering if the owner
leaves a dog restrained or tied outside by use of a tether, chain,
rope, cord, pulley, trolley system, or other device under any of the
following circumstances:
(i) Between the hours of 10:00 p.m. and 6:00 a.m.;
(ii) For more than ten hours consecutively, or more than ten hours
within any twenty-four hour period;
(iii) During any declared weather advisories, warnings, or
emergencies that are active for the dog's location;
(iv) In a manner that prevents the dog from lying, sitting,
standing comfortably and without the restraint becoming taut;
(v) In a manner that results, or could reasonably result, in the
dog becoming entangled on the restraint or another object;
(vi) In a manner that does not allow the dog to have access to
necessary shelter at a time during which temperatures fall below forty
degrees or above eighty-five degrees, or when there is precipitation,
including rain, hail, sleet, or snow;
(vii) In a manner that results in the dog being left in unsafe or
unsanitary conditions or conditions that otherwise could violate this
chapter;
(viii) In a manner that causes injury to the dog;
(ix) On the same chain, tether, rope, cord, pulley, trolley system,
or fixed point as another animal;
(x) If the dog is sick, injured, or in distress, in the advanced
stages of pregnancy, or under six months of age;
(xi) In a location that is within one hundred yards of a school or
licensed daycare facility; or
(xii) In a manner that allows the dog to be within ten feet of any
public right-of-way.
(b) All devices used to tie or restrain the dog must meet the
following specifications:
(i) Any tether, fastener, chain, tie, or other restraint must be
attached to a properly fitted buckle-type harness or collar, not less
than one inch in width, that provides enough room between the collar or
harness and the dog's throat through which two fingers may fit.
(ii) Choke, pinch, or prong-type collars may not be used in
tethering, fastening, chaining, or tying a dog.
(2) The provisions of this section do not apply to a dog:
(a) Tethered, chained, tied, or otherwise restrained or placed in
a pen or enclosure by a licensed veterinarian while the dog is
receiving veterinary care or treatment;
(b) Participating temporarily in an exhibition, show, contest, or
other event in which the skill, breeding, or stamina of the dog is
judged or examined;
(c) Being kept temporarily in a boarding kennel or facility or at
a camping or recreation area;
(d) Being cared for temporarily after having been picked up as a
stray or as part of a rescue operation; or
(e) Being trained or used by a federal, state, or local law
enforcement agency or military or national guard unit.
(3) Each violation of this section is a separate offense. A person
who violates this section is subject to the following penalties:
(a) For a first violation, the owner must be given a written notice
of warning, which specifies the applicable subsection of this section
that has been violated.
(i) The notice must give the owner forty-eight hours to remedy the
violation.
(ii) Whenever possible, the owner must also be provided with
educational information about the dangers of tethering, as well as
information about humane and safe restraint methods, and referrals to
organizations able to offer assistance with establishing humane and
safe restraint methods. Pamphlets or other information prepared by
local or national nonprofit organizations may be used for this purpose.
(b) A second violation, or a failure to remedy the conditions noted
in a written notice of warning within forty-eight hours, is a class 2
civil infraction under RCW 7.80.120(1)(b).
(c) Third and subsequent violations are misdemeanors under RCW
16.52.165.
NEW SECTION. Sec. 3 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 takes effect
July 1, 2011.