Chapter 5.36
OFFENSES RELATING TO CRUELTY AND INTERFERING WITH A SERVICE ANIMAL

Sections:

5.36.010    Cruelty

5.36.015    Seized Animal

5.36.020    Violation and Penalty

5.36.030    RCW adopted by reference

5.36.010 Cruelty.

It is unlawful for any person to:

A.    Injure, kill, or physically mistreat any animal except as is expressly permitted by law.

B.    Lay out, expose or leave exposed any kind of poison or poisoned food or drink where accessible to an animal, or place such poisoned materials in a stream or other body of water, endangering fish or shellfish provided that nothing shall prevent the reasonable use of rodent poison, insecticides, fungicides, or slug bait for their intended purposes and provided further that nothing in this paragraph shall prohibit any governmental agency from so acting in the course of its governmental duties.

C.    Set or bait any trap without a valid permit issued by the animal control authority or a state or federal official; provided, no permit is required to trap rats or mice.

D.    Confine, without necessary ventilation, any animal in any box, container or vehicle.

E.    Tease, tantalize or provoke any animal with the intent to cause fear or anger.

F.    Tether or confine any animal in such a manner and such a place as to cause injury or pain or to endanger an animal or keep an animal in quarters that are injurious to the animal due to inadequate protection from the heat or cold or that are of insufficient size to permit the animal to move about freely.

G.    Keep an animal in an unsanitary condition or provide insufficient food, water, shelter, rest or ventilation necessary for the good health of the animal.

H.    Fail to provide his or her animal with the medical care that is necessary for its health or to alleviate its pain.

I.    Permit any animal to fight or injure any other animal; permit any animal to be fought or injured by any other animal; train or keep for the purpose of training any animal for the exhibition of such animal in combat with any other animal, whether for amusement or himself or herself or others, or for financial gain; permit such conduct on premises under his or her control, or be present as a spectator at such exhibition.

J.    Abandon any animal by intentionally, knowingly, recklessly or with criminal negligence leaving a domesticated animal at a location without providing for the animal’s continued care. It is no defense to abandonment to abandon an animal at or near an animal shelter, veterinary clinic or other place of shelter if reasonable arrangements for the care of the animal were not made by the person abandoning the animal; in addition to the penalty for violation of this chapter, any person found liable for a violation of this section shall pay to the City the cost and expense of the impoundment and restraint of the animal or animals involved.

K.    Fail to stop at once, to render reasonable assistance, and to immediately report to the animal’s owner the injury or death of an animal struck by a motor vehicle operated by said person; or, in the event the owner of the animal cannot be ascertained and located, fail to report at once the accident to the animal control authority. This subsection shall in no way be construed as requiring the person striking the animal with the motor vehicle to be financially responsible for any injury or death of the animal.

L.    Confine an animal within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including but not limited to extreme temperatures, lack of food or water, or confinement with a dangerous animal. Any animal control or peace officer is authorized to remove any animal in accordance with LSMC 5.24.030(D).

M.    Tether or confine an animal in such a manner that it can become entangled so that it cannot move freely, cannot reach shelter or water, or such that it can become entangled with another animal; the area where the animal is tethered or confined must be free of extraneous material that may cause it injury (such as, but not limited to, glass, sharp metal, nails, etc.). Tether must be a minimum length of three times the length of the animal as measured from the tip of its nose to the base of its tail.

N.    Transport an animal in or on a vehicle in such manner that it can exit the vehicle while it is in motion. The animal must be contained or secured in a manner so as to prevent the possibility of an inadvertent exit by the animal from the vehicle. It is further unlawful for any person to transport any living animal on the running board, fenders, hood, unrestrained in a convertible, in an unenclosed bed of a pickup or flatbed truck, or other outside part of any vehicle unless suitable harness, cage or enclosure is provided and so attached as to protect the animal from falling or being thrown therefrom.

5.36.015 Seized Animal.

Any animal seized and removed from an owner pursuant to this section shall not thereafter be released to the owner during investigation of or prosecution for animal cruelty. Upon conviction for animal cruelty, the owner shall forfeit any interest in the seized and removed animal.

5.36.020 Violation and Penalty.

Unless other wise stated failure to comply with any provision of this chapter, or violation of any provision of this chapter is a misdemeanor subject to a jail term of not more than 90 days, a fine of not more than $1,000.00, or both such fine and imprisonment or 2) subject to enforcement pursuant to Title 17 of the Lake Stevens Municipal Code.

5.36.030 RCW Adoption by reference.

The following sections from the Revised Code of Washington or as amended are incorporated and adopted by reference.

Chapter 16.52 RCW PREVENTION OF CRUELTY TO ANIMALS

16.52.011    Definitions -- Principles of liability.

16.52.015    Enforcement -- Law enforcement agencies and animal care and control agencies.

16.52.080    Transporting or confining in unsafe manner -- Penalty.

16.52.085    Removal of animals for feeding -- Examination -- Notice -- Euthanasia.

16.52.090    Docking horses -- Misdemeanor.

16.52.095    Cutting ears -- Misdemeanor.

16.52.100    Confinement without food and water -- Intervention by others.

16.52.110    Old or diseased animals at large.

16.52.180    Limitations on application of chapter.

16.52.185    Exclusions from chapter.

16.52.190    Poisoning animals -- Penalty.

16.52.193    Poisoning animals -- Strychnine sales -- Records -- Report on suspected purchases.

16.52.200    Sentences -- Forfeiture of animals -- Liability for costs -- Civil penalty -- Education, counseling.

16.52.207    Animal cruelty in the second degree.

16.52.210    Destruction of animal by law enforcement officer -- Immunity from liability.

16.52.220    Transfers of mammals for research -- Certification requirements -- Pet animals.

16.52.225    Nonambulatory livestock -- Transporting or accepting delivery -- Gross misdemeanor -- Definition.

16.52.230    Remedies not impaired.

16.52.300    Dogs or cats used as bait -- Seizure -- Limitation.

16.52.305    Unlawful use of hook -- Gross misdemeanor.

RCW 9.91.170    Interfering with dog guide or service animal.

(Ord. 717, 2005)