[atlas:bill]

AN ACT Relating to the private possession of dangerous wild animals; adding a new chapter to Title 16 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. It is the intent of the state of Washington to protect the public against the health and safety risks that dangerous wild animals pose to the community and to protect the welfare of individual animals held in private possession. By their very nature, these animals are wild and inherently dangerous and, as such, do not adjust well to a captive environment.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Animal control authority" means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state, and the shelter and welfare of animals. "Animal control authority" includes, but is not limited to the following individuals: Animal control officers, local law enforcement agents, and county sheriffs.

(2) "Animal control officer" means an individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals. "Animal control officer" includes any state or local law enforcement officer, or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

(3) "Department" means the department of fish and wildlife.

(4) "Dangerous wild animal" means those species of animals that are inherently dangerous to humans. "Dangerous wild animals" include the following classes, orders, and families, whether bred in the wild or in captivity:

(a) Class Mammalia:

(i) Order Carnivora:

(A) Family Felidae, except domestic cats, and domestic cat and wildcat hybrids;

(B) Family Canidae, only wolves, not wolf and dog hybrids;

(ii) Order Primates, only nonhuman primates; and

(b) Class Reptilia:

(i) Order Squamata:

(A) Family Colubridae, only boomslangs, mangrove snakes, African twig snakes, and brown tree snakes;

(B) Family Elapidae;

(D) Family Lacertilia, only Salvator monitors and Salvadoran monitors; and

(E) Family Viperidae; and

(ii) Order Crocodilia.

"Dangerous wild animal" may include animals not listed if they are declared dangerous wild animals by the department, and if the department finds that possession of the animal within the state can be shown to constitute a threat to public health and safety.

(5) "Person" means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.

(6) "Wildlife sanctuary" means a nonprofit organization described in section 170(b)(1)(A)(vi) of the internal revenue code of 1986, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced dangerous wild animals are provided care for their lifetime or released back to their natural habitat and, with respect to any animal owned by the organization, does not:

(a) Conduct any activity that is not inherent to the animal's nature;

(b) Use the animal for any type of entertainment, public display, or viewing;

(d) Breed the animal for purposes of sale.

NEW SECTION. Sec. 3. (1) It is unlawful for any person to own, possess, keep, harbor, bring, or have in one's possession a dangerous wild animal, except in compliance with this chapter.

(2) It is unlawful for the owner or any other person in control of a lot, tract, or parcel of land or any residence or business premises situated thereon to knowingly permit any other person to be in possession of a dangerous wild animal upon the property, residence, or premises, except in compliance with this chapter.

NEW SECTION. Sec. 4. This chapter shall not apply to:

(1) Institutions accredited by the American zoo and aquarium association;

(2) Licensed humane societies;

(3) Animal control officers or law enforcement officers acting under the authority of this chapter;

(4) Licensed veterinary hospitals or clinics;

(5) Any wildlife rehabilitator licensed by the state, under WAC 232-12-275;

(6) Any wildlife sanctuary;

(7) Any licensed or accredited research or medical institution;

(8) Any licensed or accredited educational institution;

(9) Any circus, rodeo, or trade show;

(10) A person temporarily transporting a dangerous wild animal through the state if the transit time is not more than ninety-six hours and the animal is at all times maintained within a confinement sufficient to prevent the dangerous wild animal from escaping; or

(11) Any state or federal agency.

NEW SECTION. Sec. 5. (1) A person may possess a dangerous wild animal if: The person was in legal possession of the dangerous wild animal before the effective date of this act; the person is the legal owner of the dangerous wild animal; and the person applies for and is granted a personal possession permit for the dangerous wild animal in their possession within ninety days after the effective date of this act. The permit is valid in any local unit in which the possession of a dangerous wild animal is not prohibited by local law. Persons who meet the requirements in this subsection shall annually obtain a personal possession permit.

(2) After the effective date of this act, no new dangerous wild animal shall be brought into possession under authority of a personal possession permit.

(3) An applicant shall file an application to receive a personal possession permit with the animal control authority on a form provided by the animal control authority. The application shall include the following:

(a) A nonrefundable permit fee. The amount of the annual permit fee shall be established by the animal control authority;

(b) A written statement completed by the owner which sets forth the following information:

(i) The name, address, and telephone number of the applicant;

(ii) A description of each dangerous wild animal, including the scientific name, name, sex, age, color, weight, and any distinguishing marks or coloration that would aid in the identification of the animal;

(iii) A photograph of the dangerous wild animal;

(iv) The exact location where the dangerous wild animal is to be kept;

(v) The name, address, and telephone number of the person from whom the applicant obtained the dangerous wild animal, if known;

(vi) The identification number of the dangerous wild animal, excluding reptiles when such device would endanger the well-being of the reptile; and

(vii) The name, address, and phone number of the veterinarian who is expected to provide veterinary care to the dangerous wild animal;

(4) A permit shall not be granted unless the animal control authority finds that all of the following apply:

(a) The provisions outlined under subsection (1) of this section are met;

(b) The applicant is twenty-one years of age or older;

(c) The applicant has not been convicted of, or found responsible for, violating a local or state law prohibiting cruelty, neglect, or mistreatment of an animal or has not within the past ten years been convicted of a felony or been convicted for possession, sale, or use of illegal narcotics;

(d) The facility and the conditions in which the dangerous wild animal will be kept are in compliance with this chapter;

(e) The owner of the dangerous wild animal has obtained the requisite liability insurance coverage or surety bond for the dangerous wild animal under his or her control as set forth in section 9 of this act; and

(f) The owner has regularly provided veterinary care to the dangerous wild animal when needed and intends to provide such care in the future.

(5) The personal possession permit shall set forth all of the following information:

(a) The name, address, and phone number of the permit holder;

(b) The address if different than (a) of this subsection, where the dangerous wild animal will be kept;

(c) The name, number, species, and age of the dangerous wild animal, and any distinguishing marks or coloration that would aid in the identification of the animal;

(d) The identification number as required under section 6 of this act, if applicable;

(e) The name, address, and phone number of the veterinarian who is expected to provide veterinary care to the dangerous wild animal named on the permit; and

(f) Any other relevant information the animal control authority may deem necessary.

(6) The animal control authority shall keep records of who is carrying a valid permit. A permit holder shall notify the animal control authority of any changes of the stated information on the permit, which shall include the death of the dangerous wild animal.

(7) Any city or county that has a notice and appeal process in place as of the effective date of this act with regard to determining an animal within its jurisdiction to be dangerous may continue to use its process. A city or county animal control authority that seeks to declare an animal within its jurisdiction to be dangerous must serve notice upon the animal owner in person or by regular and certified mail, return receipt requested.

(a) The notice must state: The statutory basis for the proposed action; the reasons the authority considers the animal dangerous; a statement that the animal is subject to registration and controls required by this chapter; and an explanation of the owner's rights and of the proper procedure for appealing a decision that finds the animal dangerous.

(b) If the local jurisdiction has provided for an administrative appeal of a final determination, the owner must follow the appeal procedure set forth by that jurisdiction. If the local jurisdiction has not provided for an administrative appeal, the owner may appeal a municipal authority's final determination that the animal is dangerous to the municipal court, and may appeal the animal control authority's final determination that the animal is dangerous to the district court. The owner must make such appeal within twenty days of receiving the final determination. This subsection does not apply to animals defined as dangerous wild animals, or that are declared to be dangerous wild animals under section 2 of this act.

NEW SECTION. Sec. 6. The owner of the dangerous wild animal shall have an identification number placed in the dangerous wild animal via subcutaneous microchip, at the expense of the owner, by or under the supervision of a veterinarian. This section applies only to those species of dangerous wild animals that are also defined as wildlife under RCW 77.08.010. An individual reptile may be exempt from this section if a veterinarian determines that the placement of a subcutaneous microchip would endanger the reptile.

NEW SECTION. Sec. 7. (1) The animal control authority may establish specific caging requirements for the keeping and confinement of dangerous wild animals. If the animal control authority establishes caging requirements, the permittee shall keep and confine the dangerous wild animal in strict accordance with the established caging requirements. Any deviations from the regulations established by the animal control authority shall be approved by the animal control authority upon a showing of good cause.

(2) All caging requirements established by the animal control authority shall ensure that the dangerous wild animal is confined in a primary enclosure that protects the public's safety and health and ensures the safety and well-being of the dangerous wild animal.

NEW SECTION. Sec. 8. (1) A dangerous wild animal shall not be tethered, leashed, or chained outdoors, or allowed to run at large.

(2) A dangerous wild animal shall not be mistreated, neglected, abandoned, or deprived of necessary food, water, and sustenance.

(3) A permittee transporting a dangerous wild animal in a vehicle shall ensure that the dangerous wild animal is individually and securely caged, even while inside a passenger vehicle or in the bed of a truck.

(4) Each permittee shall have a plan for the quick and safe recapture of the dangerous wild animal if the dangerous wild animal escapes, if recapture is impossible, then a plan for the destruction of the dangerous wild animal held under a personal possession permit.

(5) If an owner realizes that he or she can no longer care for the dangerous wild animal, an animal rescue facility, wildlife sanctuary, or an American zoo and aquarium association accredited facility shall be contacted for possible placement of the animal before euthanization of the dangerous wild animal. The owner shall be liable for all costs associated with the placement or euthanization of the dangerous wild animal.

NEW SECTION. Sec. 9. (1) All owners of a dangerous wild animal shall either: (a) Maintain liability insurance coverage with an insurer qualified under Title 48 RCW in the amount of at least two hundred fifty thousand dollars insuring for bodily injury to or death of a person or injury and destruction to property caused by the dangerous wild animal; or (b) must guarantee that the owner has a surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable to the animal control authority in the amount of at least two hundred fifty thousand dollars. All owners of a dangerous wild animal shall provide a copy of the policy for liability insurance or proof of surety bond to the animal control authority on a yearly basis.

(2) All owners of a dangerous wild animal shall have posted and displayed at each possible entrance onto the premises where a dangerous wild animal is kept a conspicuous sign, clearly legible, and easily readable by the public warning that there is a dangerous wild animal on the premises. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous wild animal.

(3) If any dangerous wild animal escapes or is released, either intentionally or unintentionally, the owner of the dangerous wild animal shall immediately contact a law enforcement officer of the city or county where the owner resides to report the escape or release. The owner is liable for all expenses associated with efforts to recapture the animal. If it is determined that the owner was not at fault for the escape or release of the dangerous wild animal, and the person who is responsible for the escape or release is known, the owner may bring a civil action suit for damages against the person.

NEW SECTION. Sec. 10. The permittee shall not bring a dangerous wild animal to any commercial or retail establishment unless the permittee is bringing the animal to a veterinarian or a veterinary clinic.

NEW SECTION. Sec. 11. An owner of a dangerous wild animal, at all reasonable times, shall allow an animal control officer to enter the premises where the animal is kept to ensure compliance with this chapter.

NEW SECTION. Sec. 12. (1) Any dangerous wild animal shall be immediately confiscated by an animal control authority if the: (a) Owner does not have a personal possession permit under section 5 of this act; (b) owner does not secure the liability insurance coverage or surety bond required under section 9 of this act; (c) provisions of section 8 of this act are not being met; (d) conditions under which the dangerous wild animal is kept are directly or indirectly dangerous to human health and safety. In addition, the owner is guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.

(2) A dangerous wild animal may be returned to the owner only if the owner has a personal possession permit and has corrected the conditions resulting in the confiscation.

(3) If a dangerous wild animal is confiscated, the owner is liable for the costs of euthanization or placement and care for the dangerous wild animal from the time of confiscation until the time of return to the owner or until the time the animal has been relocated to an alternative facility, such as a sanctuary, licensed humane society, or an institution accredited by the American zoo and aquarium association.

NEW SECTION. Sec. 13. Sections 1 through 12 of this act constitute a new chapter in Title 16 RCW.