6.02.090 Cruelty to animals.
It is unlawful for any person within the city to intentionally, knowingly, recklessly or with criminal negligence commit, singly or together, any of the following acts or omissions or to aid or abet another person in the commission of such acts or omissions, which are deemed to constitute cruel treatment of animals:
A. To cause or allow any animal to endure pain, suffering, injury or to fail or neglect to aid or attempt to alleviate pain, suffering or injury which the person has caused to any animal. Such aid shall include provision of needed veterinary care;
B. To fail to provide minimum care to any animal within the person’s care, custody or control; for the purpose of this section, “minimum care” means care sufficient to preserve the health and well-being of an animal and except for emergencies or circumstances beyond the reasonable control of the owner or keeper, includes, but is not limited to, the following requirements:
1. In each period of twenty-four consecutive hours, to provide food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;
2. In each of twenty-four consecutive hours, to provide open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Neither ice nor snow is an adequate water source;
3. In the case of domestic animals, to provide a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun, and which has adequate bedding to protect against cold or dampness;
4. To provide veterinary care deemed necessary by a reasonable prudent person to relieve distress from injury, neglect or disease;
5. No domestic animal shall be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest. The air temperature in a confinement area must be suitable for the animal involved. Confinement areas must be kept reasonably clean and free from excess mud, waste or other contaminants which could affect the animal’s health;
C. No person shall tether a dog to a stationary object or to a mobile device, including but not limited to a trolley or pulley by means of:
1. A tether that does not allow the dog to walk at least eight feet, excluding the length of the dog as measured from the tip of the dog’s nose to the base of the dog’s tail, in any one direction;
2. A tether that does not have swivels on both ends to prevent twisting and tangling, unless a person is in the presence of the dog;
3. A coat hanger, choke collar, prong-type collar, head halter, or any other collar, halter or device that is not specifically designed or properly fitted for the restraint of the dog;
4. A tether that has weights attached or that contains metal chain links more than one-quarter of an inch thick; or
5. A tether that allows the dog to reach an object or hazard, including but not limited to a window sill, edge of a pool, fence, public road or highway, porch or terrace railing that poses a risk of injury or strangulation to the dog if the dog walks into or jumps over the object or hazard, unless a person is in the presence of the dog.
D. To abandon any animal by dropping it off or leaving the animal on a street, road or highway, or in a public place, or on the private property of another person;
E. To confine an animal within or on a motor vehicle or other structure or enclosure at any location when unattended and under such circumstances as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water and confinement with a vicious animal;
F. To transport or confine any living animal on the outside part of a motor vehicle except where attached to the vehicle by a suitable harness, leash, cage or other enclosure that protects the animal from falling or being thrown therefrom and which prevents the animal from leaving the vehicle while unattended. The outer part of the vehicle includes the running board, fender or hood of any motor vehicle or the flat bed of a truck and/or the open portion (bed) of a pickup truck;
G. To place any food, drink or other substance of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domestic animals. Care shall be taken to avoid open containers or spills of antifreeze or other toxic substances;
H. To knowingly and intentionally, whether for amusement of self or others, or for financial gain, cause any animal to fight or injure any other animal, cause it to be fought or be injured by any animal or to train or keep for the purpose of training any animal with the intent that the animal shall be exhibited combatively with any other animal. Anyone who permits such conduct on premises under that person’s control, and any person present as a spectator at that exhibition, shall be considered a violator of this subsection;
I. To sell or offer for sale or to give away any living baby rabbits, chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to have an artificial color; provided, that this shall not prohibit the sale or display of natural baby rabbits, chicks, ducklings or other fowl in proper brooder facilities or stores engaged in selling them for commercial purposes;
J. To abandon or transfer to another person by gift, sale or exchange for consideration, any animal in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other public property except when the transfer takes place to a sale conducted by a public body or public officer, when the transfer takes place at an animal show or exhibition conducted by or for persons who regularly engage in the practice of breeding animals for show or exhibition, or when one of the parties to the transfer is a member of an animal welfare organization and is acting on behalf of the animal welfare organization.
Violation of any of the provisions of this section under circumstances not amounting to animal cruelty in the first degree (RCW 16.52.205) shall constitute a misdemeanor, and may be punished by the laws of the state and AMC 1.24.10.
In any prosecution of animal cruelty other than in the first 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. (Ord. 2955 Att. A, 2015)