Small reprieve… House Bill 1202 dead for the year.

Okay we are going to go through some of the text of HD 1202 so you can understand the problems with it namely the constitutional problems & there are many, far too many. I’ve only included the portions that are problematic & it seems ridiculous to have to nitpick when we ALL want tougher laws that protect animals but I don’t see anything of the sort here. All I see is new & improved violations of due process, civil & Constitutional rights, & vagueness that would make fog proud. No worries though because the AR activists will be back next year to destroy your rights but I’ll be watching, listening & learning

HOUSE BILL 1202
_____________________________________________

State of Washington

63rd Legislature

2013 Regular Session

By Representatives Roberts, Haler, Haigh, Hunt, Reykdal, Sullivan, Ryu, Dunshee, Goodman, Fitzgibbon, Pollet, Sells, Appleton, Stanford, Liias, Upthegrove, Maxwell, Cody, Tharinger, Jinkins, Bergquist, and Ormsby

Read first time 01/18/13. Referred to Committee on Judiciary.

AN ACT Relating to the prevention of animal cruelty; amending RCW 16.52.117, 16.52.207, 16.52.320, and 9.08.070; reenacting and amending RCW 16.52.011; adding new sections to chapter 16.52 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.Sec. 1 A new section is added to chapter 16.52 RCW to read as follows:
(1) An owner who, under circumstances not amounting to animal cruelty in the first or second degree, fails to provide an animal with necessary food, water, shelter, ventilation, rest, sanitation, space, or medical attention has committed the civil infraction of failure to provide care.
(2) A law enforcement or animal control officer may issue a civil infraction under this section if the officer has probable cause to believe that there is a violation of this section.
(3) Failure to provide care is a class 2 civil infraction under RCW 7.80.120(1)(b). Class 2 civil infractions under this section must be issued and processed in compliance with chapter 7.80 RCW. A person receiving a notice of infraction may contest the infraction or explain mitigating circumstances surrounding the infraction as specified in RCW 7.80.080.

Okay so what you’re telling us is an AC Officer can cite you, & they are being given law enforcement authority to “decide” if you are giving your animals necessary food, water, shelter, ventilation, rest, sanitation, space, or medical attention. Without the protections of definition of law.

So if you aren’t giving your dogs bottled water, or the bowl is ½ empty, or worse yet empty, what is the standard of need for how much water each animal needs per day?

What if you are feeding a brand of dog food the officer doesn’t agree with or if you are raw feeding or cooking for your animals?

What if you have shelter as legally defined is adequate if the AC Officer doesn’t like it they can cite you?

What is proper ventilation?

What is the space requirements?

What are the rest requirements? Can they sit at your house 24 hrs a day & time the amount of hours your animals sleep?

Are the AC Officers going to now be given medical training as well as law enforcement training so they can tell on sight if your animals need medical care, what if you are trying different treatments protocols for a sick animal & the officer doesn’t agree with that protocol?

Does anyone with more then 3 brain cells not understand how this can incite arbitrary enforcement & harassment?

If it is not a crime under 1st or 2nd degree animal cruelty laws the AC Officer has legislative authority to consider it a crime in their mind?

What is wrong with 3rd degree? I’ll tell you: the authorities/code enforcement officers don’t have to prove criminal elements to cite you with an infraction, yet an infraction is still considered a violation of law, it were labeled as 3rd degree (a crime) they would have to prove the elements of the crime, much harder to harass folks when you have to prove it.

4) This section does not apply to:
(a) Lawful animal husbandry practices used in the commercial raising or slaughtering of livestock or poultry, or products thereof; or (Here is more protection for puppy mills!)
(b) Care of animals engaged in formal training, hunting, competition, show, outfitting, guiding, and trail riding.
(5) This section does not preempt ordinances enacted by local jurisdictions that:
(a) Establish greater civil penalties or criminal penalties for failure to provide care; or
(b) Define procedures for issuing and processing civil infractions.

Since when does anyone have the RIGHT to over ride constitutional law? Evidently they haven’t read Auburn V Gaunt about the fact that local jurisdictions not being able to create laws that are more restrictive & allow what state law forbids or forbids what state law allows

NEW SECTION.Sec. 2 A new section is added to chapter 16.52 RCW to read as follows:
(1) A person may not leave or confine any animal unattended in a motor vehicle or enclosed space in such a manner that places the animal in a life or health-threatening situation by exposure to excessive heat or cold or deprivation of ventilation. So they have just thrown out your rights to be free from unreasonable searches & seizures: that sound you hear is the 4th Amendment dying in our state because if you don’t leave a window down, or only leave one down they can now enter your vehicle or home without a warrant, or they can say they thought your house might be too cold because it’s cold outside & maybe you don’t have double pane windows, or they can say it was too hot because geez they didn’t see an air conditioning unit outside your home?
(2) To protect the health and safety of an animal, an animal control officer, law enforcement officer, or employee of a fire and rescue organization who has probable cause to believe that subsection (1) of this section is being violated has the authority to enter a vehicle or enclosed space (YOUR HOME, YOUR OFFICE, YOUR CAR, YOUR FARM, YOUR VEHICLE) to remove an animal by any means reasonable under the circumstances,( WHAT ARE THE DEFINITIONS OF REASONABLE CIRCUMSTANCES?) if no other person is present with access to the vehicle or enclosed space who will immediately remove the animal. An animal control officer, law enforcement officer, or employee of a fire and rescue organization or the department or agency by which such an officer or employee is employed may not be held liable for any damage to property resulting from actions taken under this section. (MAYBE PASADO’S? THEY HAVE A HISTORY OF BREAKING INTO PEOPLE’S HOMES, MAYBE ME? I AM A REGISTERED RESCUE ORGANIZATION, DOES THIS MEAN I CAN GO INTO ANYONE HOME & TAKE THEIR ANIMALS? YOU KNOW… UNDER REASONABLE CIRCUMSTANCES & EVERYTHING. OR HEY ONE OF MY VOLUNTEERS CAN DO IT & NOT BE LIABLE FOR ANY DAMAGE OR TAKING?)
(3) A person who has confined an animal in an unsafe manner in a vehicle or enclosed space as described in subsection (1) of this section has committed a class 2 civil infraction under RCW 7.80.120(1)(b). In the event that an animal suffers physical pain, injury, or death from unsafe confinement in a vehicle or enclosed space, nothing in this section prevents the person who has confined the animal in the vehicle or enclosed space from being convicted of separate offenses for animal cruelty under RCW 16.52.205 or 16.52.207. (NOW THIS SHOULD TERRIFY YOU. AFTER THE HORSE CASE WHERE THE VET SAID HE “IMAGINED THAT THE ANIMALS MUST’VE FELT PAIN OR DISCOMFORT” & THEY CONVICTED THE OWNERS… SO IF ANYONE IMAGINES THE ANIMAL SUFFERED A PHYSICAL INJURY YOU ARE GUILTY OF A CIVIL INFRACTION AKA CRIME AND ALSO GUILTY OF A CRIME)

Sec. 3 RCW 16.52.011 and 2011 c 172 s 1 and 2011 c 67 s 3 are each reenacted and amended to read as follows:
(1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.
(j) “Necessary food” means the provision at suitable intervals of wholesome foodstuff suitable for the animal’s age and species and that is sufficient to provide a reasonable level of nutrition for the animal and is easily accessible to the animal or as directed by a veterinarian for medical reasons. (OKAY SO IF YOU DON’T HAVE FOOD DOWN FOR YOUR LITTLE FIDO WHO IS A BIT ROTUND UNLESS A VET SAYS YOU CAN PUT THE FOOD UP THEN IT HAS TO BE THERE, WITH NO DEFINITIONS OF WHAT SUITABLE INTERVALS ARE… SUITABLE TO WHOM?)
(k) “Necessary water” means water that is in sufficient quantity and of appropriate quality for the species for which it is intended and that is accessible to the animal or as directed by a veterinarian for medical reasons. (AGAIN WHAT IS SUFFICIENT QUANTITY OR QUALITY, BOTTLED WATER WATER FROM YOUR KITCHEN SINK OR BACKYARD HOSE… AND CAN SOMEONE PLEASE TELL ME ACCESSIBLE WHEN? ARE THERE DIFFERENT KINDS OF WATER FOR DIFFERENT KINDS OF SPECIES? WHY DON’T I KNOW ABOUT THAT?)

(o) “Substantial bodily harm” means substantial bodily harm as defined in RCW 9A.04.110.
(p) “Necessary medical attention” means prompt and appropriate treatment of an animal’s illness or injury. (WHO DECIDES WHAT IS APPROPRIATE, WHAT IF YOUR VET HAS A DIFFERENT TREATMENT PROTOCOL THEN THE STATES COUNTY OR CITY VET? PROMPT? IF THEY COME AT 5 & YOUR VET IS CLOSING BUT YOU’VE MADE THE APPT FOR THE MORNING CAN YOU BE CHARGED WITH A CRIME OR CITED? NO I AM NOT TALKING ABOUT OBVIOUS INJURIES OR ILLNESS BUT WHAT IF YOU ONLY TAKE YOUR DOG OR CAT TO A VET ONCE A YEAR & SOMEONE DECIDES IT SHOULD BE TWICE A YEAR?)
(q) “Necessary rest” means the provision of regular rest intervals sufficient to maintain an animal’s health. (HOW IN THE WORLD ARE THEY GOING TO DEFINE THIS? SO IF YOU ARE AN INSOMNIAC THAT STAYS UP WITH A TV ON ARE YOU DEPRIVING YOUR ANIMALS OF SLEEP? MAYBE YOU HAVE A COLICY BABY, IS HE OR SHE DEPRIVING THE ANIMAL OF SLEEP?)
(r) “Necessary shelter” means a constructed or natural structure that provides adequate space, light, ventilation, protection from the elements and protection from heat and cold, suitable to the species, age, condition, size, and type of the animal, and that is sufficiently clean and safe to minimize the risk of injury, physical suffering, or impairment of the animal’s health. (AGAIN THIS WHOLE PROVISION CAN BE INTERPRETED ANY 100 NUMBER OF WAYS)
(s) “Necessary space” means space sufficient to allow an animal to move in a manner that does not cause injury, disfigurement, or impairment of the animal’s health, suitable to the species, age, condition, size and type of animal, and that allows normal movements of the animal, such as sitting, standing, lying down, and turning around, except when confinement of an animal is necessary for medical treatment or transportation. “Necessary space” includes space sufficient to allow an animal to reasonably avoid injury by other animals in the same space. (THIS IS A LITTLE MORE DEFINITIVE BUT AGAIN WHO DECIDES WHICH SPECIES NEEDS WHICH?)

(3) Animal cruelty in the second degree is a gross misdemeanor.
(((4) In any prosecution of animal cruelty in the second degree under subsection (1) or (2)(a) of this section, 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.)) (HERE IS THE WORST PART, CLASSICALLY ANIMAL CONTROL GOES AFTER SENIOR SINGLE POOR PEOPLE, THIS WAS THE ONLY AFFIRMATIVE DEFENSE FOR ECONOMIC HARDSHIP, THIS IS A DIRECT ATTACK ON POOR OR HOMELESS PET OWNERS & THE ONES WHO WILL BE THE HARDEST HIT ARE SENIORS ON A FIXED INCOME. IF THEY ARE FEEDING THE WRONG KIND OF FOOD OR HEATING ONLY ONE ROOM IN THEIR HOUSE HONEST PEOPLE WHO HAVE WORKED THEIR WHOLE LIVES WHO MOST TIMES HAVE NOTHING ELSE IN THIS WORLD BESIDES A PET MUST GIVE THEM UP IF THEY FISSED OFF AN AC OFFICER WHO THINKS THEY SHOULD?)

Here is a blog entirely dedicated to explaining the different laws & the effects they may have on your rights as well

Washington Animal Watch

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