Statutes and
Ordinances
WASHINGTON STATUTES
TITLE 16. ANIMALS, ESTRAYS, BRANDS AND FENCES
CHAPTER 16.52. PREVENTION OF CRUELTY TO ANIMALS
16.52.011.Definitions--Principles of liability
(1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.
(2) Unless the context clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(a) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
(b) "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.
(c) "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 (e) of this subsection
and RCW 16.52.025.
(d) "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.
(e) "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.
(f) "Law enforcement agency" means a general authority Washington law
enforcement agency as defined in RCW 10.93.020.
(g) "Necessary food" 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.
(h) "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.
(i) "Person" means individuals, corporations, partnerships, associations, or
other legal entities, and agents of those entities.
(j) "Substantial bodily harm" means substantial bodily harm as defined in RCW
9A.04.110.
16.52015 Enforcement--Law enforcement agencies and animal care and control
agencies
(1) Law enforcement agencies and animal care and control agencies may enforce the
provisions of this chapter. Animal care and control agencies may enforce the provisions of
this chapter in a county or city only if the county or city legislative authority has
entered into a contract with the agency to enforce the provisions of this chapter.
(2) Animal control officers enforcing this chapter shall comply with the same
constitutional and statutory restrictions concerning the execution of police powers
imposed on law enforcement officers who enforce this chapter and other criminal laws of
the state of Washington.
(3) Animal control officers have the following enforcement powers when enforcing this
chapter:
(a) The power to issue citations based on probable cause to offenders for misdemeanor
and gross misdemeanor violations of this chapter or RCW 9.08.070 or 81.56.120;
(b) The power to cause a law enforcement officer to arrest and take into custody any
person the animal control officer has probable cause to believe has committed or is
committing a violation of this chapter or RCW 9.08.070 or 81.56.120. Animal control
officers may make an oral complaint to a prosecuting attorney or a law enforcement officer
to initiate arrest. The animal control officer causing the arrest shall file with the
arresting agency a written complaint within twenty-four hours of the arrest, excluding
Sundays and legal holidays, stating the alleged act or acts constituting a violation;
(c) The power to carry nonfirearm protective devices for personal protection;
(d) The power to prepare affidavits in support of search warrants and to execute search
warrants when accompanied by law enforcement officers to investigate violations of this
chapter or RCW 9.08.070 or 81.56.120, and to seize evidence of those violations.
(4) Upon request of an animal control officer who has probable cause to believe that a
person has violated this chapter or RCW 9.08.070 or 81.56.120, a law enforcement agency
officer may arrest the alleged offender.
16.52.020 Humane societies--Enforcement authority
Any citizens of the state of Washington incorporated under the laws of this state as a
humane society or as a society for the prevention of cruelty to animals may enforce the
provisions of this chapter through its animal control officers subject to the limitations
in RCW 16.52.015 and 16.52.025. The legislative authority in each county may grant
exclusive authority to exercise the privileges and authority granted by this section to
one or more qualified corporations for a period of up to three years based upon ability to
fulfill the purposes of this chapter.
16.52.025 Humane societies--Animal control officers
Trustees of humane societies incorporated pursuant to RCW 16.52.020 may appoint
society members to act as animal control officers. The trustee appointments shall be in
writing. The appointment shall be effective in a particular county only if an appointee
obtains written authorization from the superior court of the county in which the appointee
seeks to enforce this chapter. To obtain judicial authorization, an appointee seeking
judicial authorization on or after June 9, 1994, shall provide evidence satisfactory to
the judge that the appointee has successfully completed training which has prepared the
appointee to assume the powers granted to animal control officers pursuant to RCW
16.52.015. The trustees shall review appointments every three years and may revoke an
appointment at any time by filing a certified revocation with the superior court that
approved the appointment. Authorizations shall not exceed three years or trustee
termination, whichever occurs first. To qualify for reappointment when a term expires on
or after June 9, 1994, the officer shall obtain training or satisfy the court that the
officer has sufficient experience to exercise the powers granted to animal control
officers pursuant to RCW 16.52.015.
16.52.080 Transporting or confining in unsafe manner--Penalty
Any person who willfully transports or confines or causes to be transported or confined
any domestic animal or animals in a manner, posture or confinement that will jeopardize
the safety of the animal or the public shall be guilty of a misdemeanor. And whenever any
such person shall be taken into custody or be subject to arrest pursuant to a valid
warrant therefor by any officer or authorized person, such officer or person may take
charge of the animal or animals; and any necessary expense thereof shall be a lien thereon
to be paid before the animal or animals may be recovered; and if the expense is not paid,
it may be recovered from the owner of the animal or the person guilty.
16.52.085 Removal of animals for feeding--Examination--Notice--Euthanasia
(1) If a law enforcement officer or animal control officer has probable cause to
believe that an owner of a domestic animal has violated this chapter and no responsible
person can be found to assume the animal's care, the officer may authorize, with a
warrant, the removal of the animal to a suitable place for feeding and care, or may place
the animal under the custody of an animal care and control agency. In determining what is
a suitable place, the officer shall consider the animal's needs, including its size and
behavioral characteristics. An officer may remove an animal under this subsection without
a warrant only if the animal is in an immediate life-threatening condition.
(2) If a law enforcement officer or an animal control officer has probable cause to
believe a violation of this chapter has occurred, the officer may authorize an examination
of a domestic animal allegedly neglected or abused in violation of this chapter by a
veterinarian to determine whether the level of neglect or abuse in violation of this
chapter is sufficient to require removal of the animal. This section does not condone
illegal entry onto private property.
(3) Any owner whose domestic animal is removed pursuant to this chapter shall be given
written notice of the circumstances of the removal and notice of legal remedies available
to the owner. The notice shall be given by posting at the place of seizure, by delivery to
a person residing at the place of seizure, or by registered mail if the owner is known. In
making the decision to remove an animal pursuant to this chapter, the officer shall make a
good faith effort to contact the animal's owner before removal.
(4) The agency having custody of the animal may euthanize the animal or may find a
responsible person to adopt the animal not less than fifteen business days after the
animal is taken into custody. A custodial agency may euthanize severely injured, diseased,
or suffering animals at any time. An owner may prevent the animal's destruction or
adoption by: (a) Petitioning the district court of the county where the animal was seized
for the animal's immediate return subject to court-imposed conditions, or (b) posting a
bond or security in an amount sufficient to provide for the animal's care for a minimum of
thirty days from the seizure date. If the custodial agency still has custody of the animal
when the bond or security expires, the animal shall become the agency's property unless
the court orders an alternative disposition. If a court order prevents the agency from
assuming ownership and the agency continues to care for the animal, the court shall order
the owner to renew a bond or security for the agency's continuing costs for the animal's
care.
(5) If no criminal case is filed within fourteen business days of the animal's removal,
the owner may petition the district court of the county where the animal was removed for
the animal's return. The petition shall be filed with the court, with copies served to the
law enforcement or animal care and control agency responsible for removing the animal and
to the prosecuting attorney. If the court grants the petition, the agency which seized the
animal must deliver the animal to the owner at no cost to the owner. If a criminal action
is filed after the petition is filed but before the animal is returned, the petition shall
be joined with the criminal matter.
(6) In a motion or petition for the animal's return before a trial, the burden is on
the owner to prove by a preponderance of the evidence that the animal will not suffer
future neglect or abuse and is not in need of being restored to health.
(7) Any authorized person treating or attempting to restore an animal to health under
this chapter shall not be civilly or criminally liable for such action.
16.52.090 Docking horses--Misdemeanor
Every person who shall cut or cause to be cut, or assist in cutting the solid
part of the tail of any horse in the operation known as "docking," or in any
other operation for the purpose of shortening the tail or changing the carriage thereof,
shall be guilty of a misdemeanor.
16.52.100 Confinement without food and water--Intervention by others
If any domestic animal is impounded or confined without necessary food and water for more
than thirty-six consecutive hours, any person may, from time to time, as is necessary,
enter into and open any pound or place of confinement in which any domestic animal is
confined, and supply it with necessary food and water so long as it is confined. The
person shall not be liable to action for the entry, and may collect from the animal's
owner the reasonable cost of the food and water. The animal shall be subject to attachment
for the costs and shall not be exempt from levy and sale upon execution issued upon a
judgment. If an investigating officer finds it extremely difficult to supply confined
animals with food and water, the officer may remove the animals to protective custody for
that purpose.
16.52.110 Old or diseased animals at large
Every owner, driver, or possessor of any old, maimed or diseased horse, cow,
mule, or other domestic animal, who shall permit the same to go loose in any lane, street,
square, or lot or place of any city or township, without proper care and attention, for
more than three hours after knowledge thereof, shall be guilty of a misdemeanor: Provided,
That this shall not apply to any such owner keeping any old or diseased animal belonging
to him on his own premises with proper care. Every sick, disabled, infirm or crippled
horse, ox, mule, cow or other domestic animal, which shall be abandoned on the public
highway, or in any open or enclosed space in any city or township, may, if, after search
by a peace officer or officer of such society no owner can be found therefor, be killed by
such officer; and it shall be the duty of all peace and public officers to cause the same
to be killed on information of such abandonment.
16.52.117 Animal fighting--Owners,trainers,spectators--Exceptions
16.52.165 Punishment--Conviction of misdemeanor
Every person convicted of any misdemeanor under RCW 16.52.080 or 16.52.090 shall
be punished by a fine of not exceeding one hundred and fifty dollars, or by imprisonment
in the county jail not exceeding sixty days, or both such fine and imprisonment, and shall
pay the costs of the prosecution.
16.52.180 Limitations on application of chapter
No part of this chapter shall be deemed to interfere with any of the laws of this
state known as the "game laws," nor be deemed to interfere with the right to
destroy any venomous reptile or any known as dangerous to life, limb or property, or to
interfere with the right to kill animals to be used for food or with any properly
conducted scientific experiments or investigations, which experiments or investigations
shall be performed only under the authority of the faculty of some regularly incorporated
college or university of the state of Washington or a research facility registered with
the United States department of agriculture and regulated by 7 U.S.C. Sec. 2131 et seq.
16.52.185 Exclusions from chapter
Nothing in this chapter applies to accepted husbandry practices used in the
commercial raising or slaughtering of livestock or poultry, or products thereof or to the
use of animals in the normal and usual course of rodeo events or to the customary use or
exhibiting of animals in normal and usual events at fairs as defined in RCW 15.76.120.
16.52.190 Poisoning animals
(1) Except as provided in subsections (2) and (3) of this section, a person is guilty of
the crime of poisoning animals if the person intentionally or knowingly poisons an animal
under circumstances which do not constitute animal cruelty in the first degree.
(2) Subsection (1) of this section shall not apply to euthanizing by poison an animal
in a lawful and humane manner by the animal's owner, or by a duly authorized servant or
agent of the owner, or by a person acting pursuant to instructions from a duly constituted
public authority.
(3) Subsection (1) of this section shall not apply to the reasonable use of rodent or
pest poison, insecticides, fungicides, or slug bait for their intended purposes. As used
in this section, the term "rodent" includes but is not limited to Columbia
ground squirrels, other ground squirrels, rats, mice, gophers, rabbits, and any other
rodent designated as injurious to the agricultural interests of the state as provided in
chapter 17.16 RCW. The term "pest" as used in this section includes any pest as
defined in RCW 17.21.020.
16.52.193 Poisoning animals--Strychnine sales--Records--Report on suspected
purchases
It shall be unlawful for any person other than a registered pharmacist to sell at
retail or furnish to any person any strychnine: Provided, That nothing herein shall
prohibit county, state or federal agents, in the course of their duties, from furnishing
strychnine to any person. Every such registered pharmacist selling or furnishing such
strychnine shall, before delivering the same, record the transaction as provided in RCW
69.38.030. If any such registered pharmacist shall suspect that any person desiring to
purchase strychnine intends to use the same for the purpose of poisoning unlawfully any
domestic animal or domestic bird, he may refuse to sell to such person, but whether or not
he makes such sale, he shall if he so suspects an intention to use the strychnine
unlawfully, immediately notify the nearest peace officer, giving such officer a complete
description of the person purchasing, or attempting to purchase, such strychnine.
16.52.195 Poisoning animals--Penalty
Any person violating any of the provisions of RCW 16.52.190 or 16.52.193 shall be
guilty of a gross misdemeanor.
16.52.200 Sentences--Forfeiture of animals--Liability for costs--Civil
penalty--Education,counseling
(1) The sentence imposed for a misdemeanor or gross misdemeanor violation of this
chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068, however
the probationary period shall be two years.
(2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences
shall be consecutive, however the probationary period shall remain two years.
(3) In addition to the penalties imposed by the court, the court shall order the
forfeiture of all animals held by law enforcement or animal care and control authorities
under the provisions of this chapter if any one of the animals involved dies as a result
of a violation of this chapter or if the defendant has a prior conviction under this
chapter. In other cases the court may enter an order requiring the owner to forfeit the
animal if the court deems the animal's treatment to have been severe and likely to
reoccur. If forfeiture is ordered, the owner shall be prohibited from owning or caring for
any similar animals for a period of two years. The court may delay its decision on
forfeiture under this subsection until the end of the probationary period.
(4) In addition to fines and court costs, the defendant, only if convicted or in
agreement, shall be liable for reasonable costs incurred pursuant to this chapter by law
enforcement agencies, animal care and control agencies, or authorized private or public
entities involved with the care of the animals. Reasonable costs include expenses of the
investigation, and the animal's care, euthanization, or adoption.
(5) If convicted, the defendant shall also pay a civil penalty of one thousand dollars
to the county to prevent cruelty to animals. These funds shall be used to prosecute
offenses under this chapter and to care for forfeited animals pending trial.
(6) As a condition of the sentence imposed under this chapter or RCW 9.08.070, the
court may also order the defendant to participate in an available animal cruelty
prevention or education program or obtain available psychological counseling to treat
mental health problems contributing to the violation's commission. The defendant shall
bear the costs of the program or treatment.
16.52.205 Animal cruelty in the first degree
(1) A person is
guilty of animal cruelty in the first degree when, except as authorized in law,
he or she intentionally (a) inflicts substantial pain on, (b) causes physical
injury to, or (c) kills an animal by a means causing undue suffering, or forces
a minor to inflict unnecessary pain, injury, or death on an animal.
(2) A person is guilty
of animal cruelty in the first degree when, except as authorized by law, he or
she, with criminal negligence, starves, dehydrates, or suffocates an animal and
as a result causes: (a) Substantial and unjustifiable physical pain that extends
for a period sufficient to cause considerable suffering; or (b) death.
(3) Animal cruelty in
the first degree is a class C felony
16.52.207 Animal cruelty in the second degree
(1) A person is guilty of animal cruelty in the second degree if, under
circumstances not amounting to first degree animal cruelty, the person knowingly,
recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an
animal.
(2) An owner of an animal is guilty of animal cruelty in the second degree if, under
circumstances not amounting to first degree animal cruelty, the owner knowingly,
recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary food, water, shelter, rest, sanitation,
ventilation, space, or medical attention and the animal suffers unnecessary or
unjustifiable physical pain as a result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a misdemeanor.
(4) In any prosecution of animal cruelty in the second degree, it shall be an
affirmative defense, if established by the defendant by a preponderance of the evidence,
that the defendant's failure was due to economic distress beyond the defendant's control.
16.52.210 Destruction of animal by law enforcement officer--Immunity from
liability
This chapter shall not limit the right of a law enforcement officer to destroy an
animal that has been seriously injured and would otherwise continue to suffer. Such action
shall be undertaken with reasonable prudence and, whenever possible, in consultation with
a licensed veterinarian and the owner of the animal.
Law enforcement officers and licensed veterinarians shall be immune from civil and
criminal liability for actions taken under this chapter if reasonable prudence is
exercised in carrying out the provisions of this chapter.
For more complete citations: Link to State of Washington RCW WebPages
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