7.04.052 Cruelty to animals.
The provisions of this section shall apply to the various forms of cruelty to animals as set forth herein:
A. Animal Cruelty.
1. A person is guilty of animal cruelty if the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon the animal.
2. A person is guilty of animal cruelty if the owner knowingly, recklessly, or with criminal negligence:
a. Fails to provide the animal with necessary shelter, rest, sanitation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or
b. Abandons the animal.
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.
3. If a person commits the crime of animal cruelty by using or trapping to use domestic dogs or cats as bait, prey, or targets for the purpose of training dogs or other animals to track, fight, or hunt, law enforcement officers or animal control officers shall seize and hold the animals being trained. The seized animals shall be disposed of by the court pursuant to provisions of subsection (E)(2) of this section.
4. Animal cruelty is a misdemeanor.
5. Nothing in this section may prohibit the following:
a. The use of dogs in the management of livestock, as defined by Chapter 16.57 RCW, by the owner of the livestock or the owner’s employees or agents or other persons in lawful custody of livestock;
b. The use of dogs in hunting as permitted by law; or
c. The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.
B. Poisoning Animals.
1. Except as provided in subsections (B)(2) and (B)(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 as defined in RCW 16.52.205.
2. Subsection (B)(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 (B)(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.
4. A person violating this subsection B is guilty of a gross misdemeanor.
C. Unlawful Use of a Hook. A person is guilty of unlawful use of a hook if the person utilizes, or attempts to use, a hook with intent to pierce the flesh or mouth of a bird or mammal. Unlawful use of a hook is a gross misdemeanor.
D. Removal of Animals for Feeding, Examination, Notice and Euthanasia.
1. If a law enforcement officer or an animal control officer has probable cause to believe that an owner of a domestic animal has violated this section 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 section 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 section by a veterinarian to determine whether the level of neglect or abuse in violation of this section is sufficient to require removal of the animal.
3. Any owner whose domestic animal is removed pursuant to this section 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. The 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 Thurston County District Court for the immediate return subject to court imposed conditions, or
b. Posting a bond or security in the 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 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 Services agency responsible for removing the animals and to the prosecuting authority. 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.
E. Sentences, Forfeiture of Animals, Liability of Costs, Education and Counseling.
1. In the case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive.
2. In addition to the penalties imposed by the court, the court shall order the forfeiture of all animals held by law enforcement or Animal Services under the provisions of this section if any one of the animals dies as a result of violation of this chapter or if the defendant has a prior conviction under this section. 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 the forfeiture is ordered, the owner shall be prohibited from owning or caring for any similar animal for a period of two years.
3. In addition to the 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 Services, 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.
4. As a condition of the sentence imposed under this chapter, 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.
F. Limitations and Exclusions.
1. No part of this section shall be deemed to interfere with any of the laws of this state known as “game laws,” nor deemed to interfere with the right to destroy any venomous reptile or any animal 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. Section 2131 et seq.
2. Nothing in this chapter applies to accepted husbandry practices used in the commercial raising or slaughtering of livestock or poultry, or products thereof or 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. (Ord. 1633 §3, 2023; Ord. 1256 §6, 2005).