SENATE BILL 5729
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Thibaudeau, Patterson, Fairley, Winsley, Kohl-Welles,
Jacobsen, Haugen, Prentice, Costa, Regala, Kline, Carlson and
Rasmussen
Read first time 02/01/2001. Referred to Committee on Natural
Resources, Parks & Shorelines.
*1 AN ACT Relating to the private possession
of dangerous wild
*2 animals; adding a new chapter to Title 77 RCW; and prescribing
*3 penalties.
*4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*5 {+ NEW SECTION. +} Sec. 1.
It is the intent of the state of
*6 Washington to protect the public against the health and safety
*7 risks that dangerous wild animals pose to the community and
to
*8 protect the welfare of individual animals held in private
*9 possession. By their very nature, these animals are
wild and
10 inherently dangerous and, as such, do not adjust well to a
captive
11 environment.
12 {+ NEW SECTION. +} Sec. 2.
The definitions in this section apply
13 throughout this chapter unless the context clearly requires
14 otherwise.
15 (1) "Animal control authority" means
an entity acting alone or
16 in concert with other local governmental units for enforcement
of
17 the animal control laws of the city, county, and state, and
the
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*1 shelter and welfare of animals. "Animal control authority"
*2 includes, but is not limited to the following individuals:
Animal
*3 control officers, local law enforcement agents, and county
*4 sheriffs.
*5 (2) "Animal control officer" means
an individual employed,
*6 contracted with, or appointed by the animal control authority
for
*7 the purpose of aiding in the enforcement of this chapter or
any
*8 law or ordinance relating to the licensure of animals, control
of
*9 animals, or seizure and impoundment of animals. "Animal
control
10 officer" includes any state or local law enforcement officer,
or
11 other employee whose duties in whole or in part include
12 assignments that involve the seizure and impoundment of any
13 animal.
14 (3) "Department" means the department
of fish and wildlife.
15 (4) "Dangerous wild animal" means
those species of animals that
16 are inherently dangerous to humans. "Dangerous wild
animals"
17 include the following classes, orders, and families, whether
bred
18 in the wild or in captivity:
19 (a) Class Mammalia:
20 (i) Order Carnivora:
21 (A) Family Felidae, except domesticated
cats and hybrids;
22 (B) Family Canidae, only wolves, not
wolf-hybrids;
23 (C) Family Ursidae; and
24 (ii) Order Primates; and
25 (b) Class Reptilia:
26 (i) Order Squamata:
27 (A) Family Boidae, only African rock
pythons, amethystine
28 pythons, boelen's pythons, burmese pythons, Indian pythons,
olive
29 pythons, reticulated pythons, yellow anacondas, green anacondas,
30 and Jamaican boas;
31 (B) Family Colubridae, only boomslangs,
mangrove snakes,
32 African twig snakes, and brown tree snakes;
33 (C) Family Elapidae;
34 (D) Family Helodermatidae;
35 (E) Family Lacertilia, only Salvator
monitors and Salvadoran
36 monitors; and
37 (F) Family Viperidae; and
38 (ii) Order Crocodilia.
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*1 "Dangerous wild animal" may include
species not listed if they
*2 are declared dangerous wild animals by the department, in
*3 cooperation with the animal control authority, if the confinement
*4 of the animal within the state can be shown to constitute
a threat
*5 to public health and safety.
*6 (5) "Person" means any individual,
partnership, corporation,
*7 organization, trade or professional association, firm, limited
*8 liability company, joint venture, association, trust, estate,
or
*9 any other legal entity, and any officer, member, shareholder,
10 director, employee, agent, or representative thereof.
11 (6) "Wildlife sanctuary" means a nonprofit
organization
12 described in section 170(b)(1)(A)(vi) of the internal revenue
code
13 of 1986, that operates a place of refuge where abused, neglected,
14 unwanted, impounded, abandoned, orphaned, or displaced dangerous
15 wild animals are provided care for their lifetime or released
back
16 to their natural habitat and, with respect to any animal owned
by
17 the organization, does not:
18 (a) Conduct any activity that is not
inherent to the animal's
19 nature;
20 (b) Use the animal for any type of
entertainment;
21 (c) Sell, trade, or barter the animal
or the animal's body
22 parts; or
23 (d) Breed the animal for purposes
of sale.
24 {+ NEW SECTION. +} Sec. 3.
(1) It is unlawful for any person to
own,
25 possess, keep, harbor, bring, or have in one's possession
a
26 dangerous wild animal, except in compliance with this chapter.
27 (2) It is unlawful for the owner or
any other person in control
28 of a lot, tract, or parcel of land or any residence or business
29 premises situated thereon to knowingly permit any other person
to
30 be in possession of a dangerous wild animal upon the property,
31 residence, or premises, except in compliance with this chapter.
32 {+ NEW SECTION. +} Sec. 4.
This chapter shall not apply to:
33 (1) Institutions accredited by the
American zoo and aquarium
34 association.
35 (2) Licensed humane societies;
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*1 (3) Animal control officers or law
enforcement officers acting
*2 under the authority of this chapter;
*3 (4) Licensed veterinary hospitals
or clinics;
*4 (5) Any wildlife rehabilitator licensed
by the state, under RCW
*5 77.12.040 and WAC 232-12-275;
*6 (6) Any wildlife sanctuary;
*7 (7) Any licensed or accredited research
or medical institution;
*8 (8) Any licensed or accredited educational
institution;
*9 (9) Any circus, rodeo, or trade show;
10 (10) A person temporarily transporting
a dangerous wild animal
11 through the state if the transit time is not more than ninety-six
12 hours and the animal is at all times maintained within a
13 confinement sufficient to prevent the dangerous wild animal
from
14 escaping.
15 {+ NEW SECTION. +} Sec. 5.
(1) A person may possess a dangerous
wild
16 animal if: The person was in legal possession of the
dangerous wild
17 animal before the effective date of this act; the person is
the
18 legal owner of the dangerous wild animal; and the person applies
19 for and is granted a personal possession permit for the dangerous
20 wild animal in their possession within ninety days after the
21 effective date of this act. The permit is valid in any
local unit
22 in which the possession of a dangerous wild animal is not
23 prohibited by local law. Persons who meet the requirements
in this
24 subsection shall annually obtain a personal possession permit.
25 (2) After the effective date of this
act, no new dangerous wild
26 animal shall be brought into possession under authority of
a
27 personal possession permit.
28 (3) An applicant shall file an application
to receive a
29 personal possession permit with the animal control authority
on a
30 form provided by the animal control authority. The application
31 shall include the following:
32 (a) A nonrefundable permit fee.
The amount of the annual permit
33 fee shall be established by the animal control authority;
34 (b) A written statement completed
by the owner which sets forth
35 the following information:
36 (i) The name, address, and telephone
number of the applicant;
37 (ii) A description of each dangerous
wild animal, including the
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*1 scientific name, name, sex, age, color, weight, and any
*2 distinguishing marks or coloration that would aid in the
*3 identification of the animal;
*4 (iii) A photograph of the dangerous
wild animal;
*5 (iv) The exact location where the
dangerous wild animal is to
*6 be kept;
*7 (v) The name, address, and telephone
number of the person from
*8 whom the applicant obtained the dangerous wild animal, if
known;
*9 (vi) The identification number of
the dangerous wild animal,
10 excluding reptiles when such device would endanger the well-being
11 of the reptile; and
12 (vii) The name, address, and phone
number of the veterinarian
13 who is expected to provide veterinary care to the dangerous
wild
14 animal;
15 (c) Any additional information the
animal control authority may
16 deem necessary to carry out this chapter.
17 (4) A permit shall not be granted
unless the animal control
18 authority finds that all of the following apply:
19 (a) The provisions outlined under
subsection (1) of this
20 section are met;
21 (b) The applicant is twenty-one years
of age or older;
22 (c) The applicant has not been convicted
of, or found
23 responsible for, violating a local or state law prohibiting
24 cruelty, neglect, or mistreatment of an animal or has not
within
25 the past ten years been convicted of a felony or been convicted
26 for possession, sale, or use of illegal narcotics;
27 (d) The facility and the conditions
in which the dangerous wild
28 animal will be kept are in compliance with this chapter;
29 (e) The owner of the dangerous wild
animal has obtained the
30 requisite liability insurance coverage or surety bond for
the
31 dangerous wild animal under his or her control as set forth
in
32 section 9 of this act; and
33 (f) The owner has regularly provided
veterinary care to the
34 dangerous wild animal when needed and intends to provide such
care
35 in the future.
36 (5) The personal possession permit
shall set forth all of the
37 following information:
38 (a) The name, address, and phone number
of the permit holder;
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*1 (b) The address if different than (a)
of this subsection, where
*2 the dangerous wild animal will be kept;
*3 (c) The name, number, species, and
age of the dangerous wild
*4 animal, and any distinguishing marks or coloration that would
aid
*5 in the identification of the animal;
*6 (d) The identification number as required
under section 6 of
*7 this act, if applicable;
*8 (e) The name, address, and phone number
of the veterinarian who
*9 is expected to provide veterinary care to the dangerous wild
10 animal named on the permit; and
11 (f) Any other relevant information
the animal control authority
12 may deem necessary.
13 (6) The animal control authority shall
keep records of who is
14 carrying a valid permit. A permit holder shall notify
the animal
15 control authority of any changes of the stated information
on the
16 permit, which shall include the death of the dangerous wild
17 animal.
18 {+ NEW SECTION. +} Sec. 6.
The owner of the dangerous wild animal
19 shall have an identification number placed in the dangerous
wild
20 animal via subcutaneous microchip, at the expense of the owner,
by
21 or under the supervision of a veterinarian. This section
does not
22 apply to dangerous wild reptiles if a veterinarian determines
that
23 the placement of a subcutaneous microchip would endanger the
well-
24 being of the reptile.
25 {+ NEW SECTION. +} Sec. 7.
(1) The animal control authority may
26 establish specific caging requirements for the keeping and
27 confinement of dangerous wild animals. If the animal
control
28 authority establishes caging requirements, the permittee shall
29 keep and confine the dangerous wild animal in strict accordance
30 with the established caging requirements. Any deviations
from the
31 regulations established by the animal control authority shall
be
32 approved by the animal control authority upon a showing of
good
33 cause.
34 (2) All caging requirements established
by the animal control
35 authority shall ensure that the dangerous wild animal is confined
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*1 in a primary enclosure that protects the public's safety and
*2 health and ensures the safety and well-being of the dangerous
wild
*3 animal.
*4 {+ NEW SECTION. +} Sec. 8.
(1) A dangerous wild animal shall not be
*5 tethered, leashed, or chained outdoors, or allowed to run
at
*6 large.
*7 (2) A dangerous wild animal shall
not be mistreated, neglected,
*8 abandoned, or deprived of necessary food, water, and sustenance.
*9 (3) A permittee transporting a dangerous
wild animal in a
10 vehicle shall ensure that the dangerous wild animal is
11 individually and securely caged, even while inside a passenger
12 vehicle or in the bed of a truck.
13 (4) Each permittee shall have a plan
for the quick and safe
14 recapture of the dangerous wild animal if the dangerous wild
15 animal escapes, if recapture is impossible, then a plan for
the
16 destruction of the dangerous wild animal held under a personal
17 possession permit.
18 (5) If an owner realizes that he or
she can no longer care for
19 the dangerous wild animal, an animal rescue facility, wildlife
20 sanctuary, or an American zoo and aquarium association accredited
21 facility shall be contacted for possible placement of the
animal
22 before euthanization of the dangerous wild animal.
23 {+ NEW SECTION. +} Sec. 9.
(1) All owners of a dangerous wild
animal
24 shall either: (a) Maintain liability insurance coverage
with an
25 insurer qualified under Title 48 RCW in the amount of at least
two
26 hundred fifty thousand dollars insuring for bodily injury
to or
27 death of a person or injury and destruction to property caused
by
28 the dangerous wild animal; or (b) must guarantee that the
owner
29 has a surety bond issued by a surety insurer qualified under
30 chapter 48.28 RCW in a form acceptable to the animal control
31 authority in the amount of at least two hundred fifty thousand
32 dollars. All owners of a dangerous wild animal shall
provide a copy
33 of the policy for liability insurance or proof of surety bond
to
34 the animal control authority on a yearly basis.
35 (2) All owners of a dangerous wild
animal shall have posted and
36 displayed at each possible entrance onto the premises where
a
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*1 dangerous wild animal is kept a conspicuous sign, clearly
legible,
*2 and easily readable by the public warning that there is a
*3 dangerous wild animal on the premises. In addition,
the owner shall
*4 conspicuously display a sign with a warning symbol that informs
*5 children of the presence of a dangerous wild animal.
*6 (3) If any dangerous wild animal escapes
or is released, either
*7 intentionally or unintentionally, the owner of the dangerous
wild
*8 animal shall immediately contact a law enforcement officer
of the
*9 city or county where the owner resides to report the escape
or
10 release. The owner is liable for all expenses associated
with
11 efforts to recapture the animal. If it is determined
that the owner
12 was not at fault for the escape or release of the dangerous
wild
13 animal, and the person who is responsible for the escape or
14 release is known, the owner may bring a civil action suit
for
15 damages against the person.
16 {+ NEW SECTION. +} Sec. 10.
The permittee shall not bring a
dangerous
17 wild animal to any commercial or retail establishment unless
the
18 permittee is bringing the animal to a veterinarian or a veterinary
19 clinic.
20 {+ NEW SECTION. +} Sec. 11.
An owner of a dangerous wild animal, at
21 all reasonable times, shall allow an animal control officer
to
22 enter the premises where the animal is kept to ensure compliance
23 with this chapter.
24 {+ NEW SECTION. +} Sec. 12.
(1) Any dangerous wild animal shall be
25 immediately confiscated by an animal control authority if
the: (a)
26 Owner does not have a personal possession permit under section
5
27 of this act; (b) owner does not secure the liability insurance
28 coverage or surety bond required under section 9 of this act;
(c)
29 provisions of section 8 of this act are not being met; (d)
30 conditions under which the dangerous wild animal is kept are
31 directly or indirectly dangerous to human health and safety.
In
32 addition, the owner is guilty of a gross misdemeanor punishable
in
33 accordance with RCW 9A.20.021.
34 (2) A dangerous wild animal may be
returned to the owner only
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*1 if the owner has a personal possession permit and has corrected
*2 the conditions resulting in the confiscation.
*3 (3) If a dangerous wild animal is
confiscated, the owner is
*4 liable for the costs of placement and care for the dangerous
wild
*5 animal from the time of confiscation until the time of return
to
*6 the owner or until the time the animal has been relocated
to an
*7 alternative facility, such as a sanctuary, licensed humane
*8 society, or an institution accredited by the American zoo
and
*9 aquarium association.
10 {+ NEW SECTION. +} Sec. 13.
Sections 1 through 12 of this act
11 constitute a new chapter in Title 77 RCW.
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