BILL REQ. #:  H-0619.1 

Read first time 01/20/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to the keeping 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   (1) It is the intent of the state of Washington to protect the public against health and safety risks that dangerous wild animals pose to the community and to protect the welfare of the individual animals held in private possession. By their very nature, these animals are wild and inherently dangerous and do not adjust well in captivity without sufficient provisions for animal welfare and professional animal care expertise.
     (2) Dangerous wild animals are extremely unpredictable and dangerous creatures. The United States department of agriculture/animal and plant health inspection service, the American zoo and aquarium association, the American veterinary medical association, and numerous animal welfare and public safety organizations believe that only properly trained professionals and certified institutions should keep these animals.
     (3) Care and handling of these dangerous wild animals should be left to those qualified individuals who have the knowledge and means to maintain them properly. The average dangerous wild animal owner lacks the specialized equipment and expertise necessary to provide properly for the containment, medical care, husbandry, and nutrition of wild animals. It is virtually impossible for a dangerous wild animal to adapt to traditional household settings or inadequate living spaces and conditions.
     (4) In furtherance of the legislature's intent, possessors who currently possess dangerous wild animals will be permitted to keep the dangerous wild animal if they are in compliance with this chapter, but no new dangerous wild animal other than those possessed prior to the effective date of this act shall be brought into possession under authority of a personal possession permit in the state of Washington.

NEW SECTION.  Sec. 2   (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.
     (2) "Dangerous wild animal" means any member of the following families whether bred in the wild or in captivity, and any or all hybrids, which due to their inherent nature may be considered dangerous to humans, and further defined as follows:
     (a) Class mammalia
     (i) Order carnivora
     (A) Family felidae, such as lions, tigers, cougars, leopards, ocelots, and servals - all species except domestic cats;
     (B) Family canidae, such as wolves, foxes, and jackals - all species except domestic dogs;
     (C) Family ursidae, all bears;
     (D) Family mustelidae, only binturongs;
     (E) Family procyonidae, only kinkajous and coatis; and
     (F) Family hyaenidae, such as hyenas - all species;
     (ii) Order marsupialia, only kangaroos;
     (iii) Order perissodactyla, only rhinoceroses;
     (iv) Order primates, such as lemurs, monkeys, chimpanzees, and gorillas - all species;
     (v) Order proboscidae, such as elephants - all species;
     (b) Class reptilia
     (i) Order squamata
     (A) Family varanidae, only water monitors and crocodile monitors;
     (B) Family iguanaidae, only green iguanas and rock iguanas;
     (C) Family boidae, all species whose adult length has the potential to exceed eight feet in length;
     (D) Family colubridae, only boomslangs and African twig snakes;
     (E) Family elapidae, such as coral snakes, cobras, and mambas - all species;
     (F) Family nactricidae, only keelback snakes;
     (G) Family viperidae, such as copperheads, cottonmouths, and rattlesnakes - all species;
     (ii) Order crocodilia, such as crocodiles, alligators, caimans, and gavials - all species.
     (3) "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.
     (4) "Possessor" means any person who owns, possesses, keeps, harbors, brings into the state, has in one's possession, acts as a custodian, or has custody or control of a dangerous wild animal.
     (5) "Wildlife sanctuary" means a nonprofit organization described in section 170(b)(1)(A)(vi), Internal Revenue Code of 1986, and its subsequent amendments, 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;
     (c) Sell, trade, or barter the animal or the animal's body parts; or
     (d) Breed the animal for any purpose.

NEW SECTION.  Sec. 3   (1) It is unlawful for any person to own, possess, keep, harbor, bring into the state, have in one's possession, act as a custodian, or have custody or control of a dangerous wild animal, except in compliance with this chapter.
     (2) It is unlawful for a person to breed a dangerous wild animal, except in compliance with this chapter.

NEW SECTION.  Sec. 4   (1) The provisions of this chapter do not apply to:
     (a) Institutions accredited by the American zoo and aquarium association or under mentorship through the American zoo and aquarium association;
     (b) Duly incorporated nonprofit animal protection organizations, such as humane societies and shelters, housing a dangerous wild animal at the written request of the animal control authority or acting under the authority of this chapter;
     (c) Animal control officers, law enforcement agents, or county sheriffs acting under the authority of this chapter;
     (d) Licensed veterinary hospitals or clinics;
     (e) A holder of a valid wildlife rehabilitation permit issued by the department of fish and wildlife;
     (f) Any wildlife sanctuary as defined under this chapter;
     (g) Any licensed or accredited research or medical institution;
     (h) Any licensed or accredited educational institution;
     (i) Any lawfully operated circus or rodeo;
     (j) An individual who is in possession of a monkey that has been obtained through and trained by a licensed and accredited nonprofit organization dedicated to improving the quality of lives for quadriplegic individuals;
     (k) 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.
     (2) This chapter does not require a city or county that does not have an animal control authority to create that office.

NEW SECTION.  Sec. 5   (1) A person may not own, possess, keep, harbor, bring into the state, have in one's possession, act as a custodian, or have custody or control of a dangerous wild animal unless that person holds a personal possession permit for that animal issued by an animal control authority. A person may obtain a personal possession permit for a dangerous wild animal only if the following are met:
     (a) The person was in legal possession of the dangerous wild animal prior to the effective date of this act and is the legal possessor of the dangerous wild animal;
     (b) The person applies for and is granted a personal possession permit for each dangerous wild animal in the person's possession by June 30, 2004.
     (2) Persons who meet the requirements set forth in subsection (1) of this section shall annually obtain a personal possession permit. From and after the effective date of this act, no new dangerous wild animal may 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 forms provided by the animal control authority. The application must include the following:
     (a) A written statement that sets forth or includes the following information:
     (i) The name, address, telephone number, and date of birth of the applicant;
     (ii) A description of each dangerous wild animal the applicant possesses, 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 dangerous wild animals exempted under section 6 of this act.
     (vii) The name, address, and phone number of the veterinarian providing veterinary care to the dangerous wild animal; and
     (viii) A photograph of the facility where the dangerous wild animal will be housed;
     (b) A certification in writing and notarized by a notary public that:
     (i) The applicant is eighteen years of age or older;
     (ii) 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;
     (iii) The facility and the conditions in which the dangerous wild animal will be kept are in compliance with this chapter;
     (iv) The applicant has obtained the requisite liability insurance coverage for the dangerous wild animal under his or her control as set forth in section 10 of this act;
     (v) The applicant has regularly provided veterinary care to the dangerous wild animal when needed and will provide such care in the future;
     (c) A plan for the quick and safe recapture of the dangerous wild animal if the dangerous wild animal escapes;
     (d) Any additional information the animal control authority may deem necessary to carry out the provisions of this chapter.
     (4) The animal control authority may establish and charge reasonable fees for application, issuance, and renewal of a personal possession permit in order to recover the costs associated with the administration and enforcement of this chapter. The fee charged to an applicant may not exceed one hundred dollars for each animal. The fees collected under this section may be used only to administer and enforce this chapter.
     (5) A permit may not be granted unless the animal control authority finds that all of the requirements in subsections (3) and (4) of this section have been met.
     (6) The personal possession permit shall set forth all of the following information:
     (a) The name, address, phone number, and date of birth of the permit holder;
     (b) The address if different than above, where the dangerous wild animal will be kept;
     (c) The name, number, sex, species, 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 provides veterinary care to the dangerous wild animal named on the permit; and
     (f) Any other relevant information the animal control authority may deem necessary.
     (7) The animal control authority shall keep records of persons who are carrying valid permits. A permit holder shall notify the animal control authority of any changes of the stated information on the permit, which includes the death and disposition of the dangerous wild animal.
     (8) 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 possessor 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 possessor'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 possessor must follow the appeal procedure set forth by that jurisdiction. If the local jurisdiction has not provided for an administrative appeal, the possessor 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 possessor must make such appeal within twenty days of receiving the final determination. This subsection does not apply to animals defined as dangerous wild animals in section 2 of this act.

NEW SECTION.  Sec. 6   Every dangerous wild animal must be implanted with a microchip, at the expense of the possessor, by or under the supervision of a veterinarian. This section does not apply to a dangerous wild animal if a veterinarian determines that the implant of a microchip would endanger the well-being of the dangerous wild animal.

NEW SECTION.  Sec. 7   Every dangerous wild animal must be spayed or neutered, at the expense of the possessor, by or under the supervision of a veterinarian. This section does not apply to a dangerous wild animal if a veterinarian determines that the spay or neuter procedure would endanger the well-being of the dangerous wild animal.

NEW SECTION.  Sec. 8   For each dangerous wild animal, the possessor shall comply with the American zoo and aquarium association's minimum husbandry guidelines for animal care and maintenance of that animal.

NEW SECTION.  Sec. 9   (1) A dangerous wild animal must not be tethered, leashed, chained outdoors, or allowed to run at large.
     (2) A dangerous wild animal must not be mistreated, neglected, abandoned, or deprived of necessary food, water, and sustenance, as defined under chapter 16.52 RCW.
     (3) A person transporting a dangerous wild animal in a vehicle shall keep the animal securely caged in the vehicle at all times.
     (4) Each person shall have a plan for the quick and safe recapture of the dangerous wild animal if the dangerous wild animal escapes and, if recapture is impossible, a plan for the destruction of the dangerous wild animal held under a personal possession permit.
     (5) The possessor shall contact the animal control authority, a wildlife sanctuary as defined under this chapter, an American zoo and aquarium association accredited facility, or a person holding a current personal possession permit if the possessor can no longer care for the dangerous wild animal prior to euthanasia of the dangerous wild animal.

NEW SECTION.  Sec. 10   (1) A possessor of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than two hundred fifty thousand dollars for each occurrence for liability damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous wild animal. The possessor of a dangerous wild animal shall provide a copy of the policy for liability insurance to the animal control authority on an annual basis.
     (2) The possessor of a dangerous wild animal shall post and display 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 possessor shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous wild animal. The animal control authority shall prescribe the exact content and size of the sign.
     (3) If any dangerous wild animal escapes, either intentionally or unintentionally, the possessor of the dangerous wild animal shall immediately contact the animal control authority or a law enforcement officer of the city or county where the possessor resides to report the escape or release. The possessor is liable for all expenses associated with efforts to recapture the animal.
     (4) No person may intentionally release a dangerous wild animal. If the dangerous wild animal is intentionally released, the possessor is liable for all expenses associated with efforts to recapture the animal.

NEW SECTION.  Sec. 11   Unless prior approval has been received from the animal control authority, a permittee shall not bring a dangerous wild animal to any public venue, commercial establishment, or retail establishment unless the permittee is bringing the animal to a licensed veterinarian or a veterinarian clinic.

NEW SECTION.  Sec. 12   The animal control authority, its staff, its agents, local law enforcement agents, and county sheriffs are authorized and empowered to enforce the provisions of this chapter.

NEW SECTION.  Sec. 13   The possessor of a dangerous wild animal, at all reasonable times, shall allow the animal control authority, its staff, and its agents to enter the premises where the animal is kept to ensure compliance with this chapter.

NEW SECTION.  Sec. 14   (1) If the animal control authority finds that an applicant for an original or renewal of a personal possession permit does not meet the requirements set forth in this chapter, the animal control authority shall deny the applicant a personal possession permit and give the applicant written notice of the denial and the reasons for the denial.
     (2) If the animal control authority finds that a person has not complied with this chapter, the animal control authority may suspend or revoke the personal possession permit and give the possessor written notice of the suspension or revocation and the reasons for the suspension or revocation.
     (3) A person who is denied a personal possession permit, denied a renewal of a personal possession permit, or who has had a permit suspended or revoked may appeal the decision to a superior court for the precinct in which the animal is located or the municipal court in the city in which the animal is located no later than the twentieth day after the permit is denied, suspended, or revoked. The decision of the court may not be appealed.

NEW SECTION.  Sec. 15   (1) The animal control authority may immediately confiscate any dangerous wild animal if the animal is kept in contravention of this chapter. The possessor is liable for the costs of placement and care for the dangerous wild animal from the time of confiscation until the time of return to the possessor or until the time the animal has been relocated to an approved facility, such as a wildlife sanctuary as defined under this chapter, an institution accredited by the American zoo and aquarium association, or a person holding a current personal possession permit.
     (2) If a dangerous wild animal is confiscated due to the animal being kept in contravention of this chapter, the possessor must post a security bond or cash with the animal control authority in an amount sufficient to guarantee payment of all reasonable expenses expected to be incurred in caring and providing for the animal, including but not limited to the estimated cost of feeding, medical care, and housing for at least thirty days. The security bond or cash does not prevent the animal control authority from disposing of the animal at the end of the thirty days unless the person claiming the animal posts an additional security bond or cash with the animal control authority to secure payment of all reasonable expenses expected to be incurred in caring and providing for the animal for an additional thirty days, and does so prior to the expiration of the first thirty-day period. The amount of the security bond or cash must be determined by the animal control authority and based on the current rate to feed, provide medical care, and house the animal.
     (3) If a possessor of a confiscated animal cannot be located or if a confiscated animal remains unclaimed, in the discretion of the animal control authority, the animal control authority may contact an approved facility, such as a wildlife sanctuary as defined under this chapter or an institution accredited by the American zoo and aquarium association, or allow the animal to be adopted by a person holding a current personal possession permit, or may euthanize the animal.
     (4) If the dangerous wild animal cannot be taken up or recaptured safely by the animal control authority or if proper and safe housing cannot be found, the animal control authority may immediately humanely euthanize the animal.
     (5) A dangerous wild animal may be returned to the possessor only if the possessor has a personal possession permit, has corrected the conditions resulting in the confiscation, and has paid the cost of placement and care of the animal while under the care and control of the animal control authority.

NEW SECTION.  Sec. 16   (1) Not later than December 31, 2003, the animal control authority shall implement and administer the prohibitions of the keeping of dangerous wild animals under this chapter. This includes, but is not limited to, the creation of the personal possession permit program established by section 5 of this act, orders relating to the applications for personal possession permits and renewals, fees for the permit, and the form and content of the application.
     (2) A person is not required to obtain a personal possession permit under section 5 of this act before December 31, 2003, but must obtain a personal possession permit by June 30, 2004.

NEW SECTION.  Sec. 17   A city or county may adopt an ordinance governing dangerous wild animals that is more restrictive than this chapter. This may include including additional animals in the definition of "dangerous wild animals," additional caging standards, and stricter care and treatment provisions. If a city or county already has an equal or greater ordinance already in existence, that city or county is deemed to be in compliance with this chapter.

NEW SECTION.  Sec. 18   (1) A violation of section 5 (1) or (2), 6, 7, 10 (2) or (3), or 13 of this act is a misdemeanor punishable under RCW 9A.20.021.
     (2) A violation of section 3 (1) or (2), 5(7), 8, 9, 10 (1) or (4), 11, or 15(2) of this act is a gross misdemeanor punishable under RCW 9A.20.021.

NEW SECTION.  Sec. 19   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 20   Sections 1 through 19 of this act constitute a new chapter in Title 16 RCW.