BILL REQ. #:  S-0201.1 

Read first time 01/23/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to the prevention of animal cruelty; adding a new section to chapter 16.52 RCW; and prescribing penalties.

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:
     (1) Except as authorized in subsection (4) of this section, no person shall sell, offer for sale, barter, or auction an animal upon any public property or upon private property open to the public.
     (2) For purposes of this section, public property consists of any state or county-owned real property or other interest in real estate, including but not limited to parks, playgrounds, and other public recreation areas, as well as streets, roads, alleys, and other public right-of-ways.
     (3) For the purposes of this section, private property open to the public includes but is not limited to any commercial or retail parking lot, sidewalk, or empty lot, and any flea market or swap meet.
     (4) This section does not apply to the sale, offer for sale, barter, or auction of an animal that occurs:
     (a) On private property not open to the public;
     (b) At a legally permitted pet shop, kennel, or other commercial business legally permitted to sell animals where the owner or operator of the pet shop, kennel, or other commercial business sells, offers for sale, barters, or auctions the animal;
     (c) At or through any local government animal care and control agency, nonprofit humane society, and other nonprofit organization dedicated to the humane care and adoption of abused, neglected, or unwanted animals;
     (d) At or through any other organization dedicated to the humane care and adoption of abused, neglected, or unwanted animals that is registered as a charity with the secretary of state, is working cooperatively with an organization defined in (c) of this subsection, or is approved by the local jurisdiction in which the sale or transfer occurs;
     (e) At public livestock markets licensed under chapter 16.65 RCW;
     (f) At farmers' cooperative association or livestock breeders' association events permitted under chapter 16.65 RCW;
     (g) At events permitted under chapter 16.65 RCW and managed by youth livestock organizations, such as 4-H, future farmers of America, or other junior livestock group;
     (h) At area fairs, county and district fairs, community fairs, and youth shows and fairs as defined in RCW 15.76.120; and
     (i) At competitive cat or dog shows, horse shows, bird shows, reptile and amphibian expositions, or other legally permitted animal expositions or shows, provided that the person offering the animal for sale or transfer is a paid entrant to the show and any sale or transfer of the animal occurs on the premises of the show.
     (5)(a) A person who violates this section for the first time has committed a class 2 civil infraction under RCW 7.80.120(1)(b).
     (b) A person who violates this section for a second or subsequent time is guilty of a misdemeanor.