6.02.175 Mistreatment of animals.
A. Poisoning of Animals. It shall be unlawful for any person to willfully or maliciously poison any domestic animal; provided, that this section shall not apply to the killing by poison of such animal in a lawful and humane manner by the owner of the animal 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.
B. Cruelty to Animals.
1. A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, 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 as defined in RCW 16.52.205, the person knowingly, recklessly, or with criminal negligence:
a. Fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, or medical attention, and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or
b. Abandons the animal. “Abandon” is hereby defined as leaving the animal with no adult care or supervision for an extended period which threatens the animal’s welfare, or purposefully discards the animal with an apparent intent to cause separation, whether done in a public or private place.
3. In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if established by defendant by a preponderance of the evidence, that the defendant’s failure was due to economic distress beyond the defendant’s control.
C. Duty When Striking an Animal with a Motor Vehicle. Any person who, while operating a motor vehicle, strikes an animal, shall stop at once and render reasonable assistance. The person shall make reasonable attempts to notify the owner of the animal, and shall report the accident to the animal control authority within 24 hours. Notwithstanding any other provision of law, this subsection shall in no way be construed to impose financial liability upon the owner of a vehicle for the injury or death of the animal stricken.
Any person who violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and/or a fine not to exceed $1,000. (Ord. 2927 § 12, 2011; Ord. 2884 § 10, 2011; Ord. 2604 § 1, 2006; Ord. 2091 § 23, 1996)