Full Title Name:  Detailed Discussion of Washington Great Ape Laws

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Hanna Coate Place of Publication:  Michigan State University College of Law Publish Year:  2011 Primary Citation:  Animal Legal & Historical Center Jurisdiction Level:  Washington 1 Country of Origin:  United States
Summary: The following discussion begins with a general overview of the various Washington state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

I. Introduction to Legal Control Over Great Apes in Washington

In Washington, all gorillas, chimpanzees, orangutans, bonobos, and gibbons are classified as “potentially dangerous wild animals”[1] that pose “serious health and safety risks” to the community.[2]  In 2007, the state legislature passed the Dangerous Wild Animal Act, making it illegal for many individuals and facilities to import, possess, and breed all species of apes. The ban includes a grandfather clause, which allows those who lawfully possessed apes prior to the ban to retain possession of the animals for the remainder of their lives. However, some important provisions in the Dangerous Wild Animal Act ensure that those “grandfathered-in” apes are not maintained in a manner that is deleterious to the health, safety, or welfare of the animals or humans. There are a variety of individuals and entities which are exempt from the state’s Dangerous Wild Animal Act. While they may continue to import, possess, or breed apes, they must do so in compliance with stringent animal health laws which are administered and enforced by various state agencies.

Political subdivisions of the state, including counties, cities, and towns also have statutory authority to restrict and/or regulate Great Apes within their geographical boundaries. The state’s Dangerous Wild Animal Act does not completely prohibit the importation or possession of apes in Washington, nor does it set minimum standards of care for those animals. In order to fill the gaps left by the state level laws, many municipalities and counties have enacted local laws governing the possession and use of apes. Typically, local ordinances either: (1) ban the possession of apes for certain purposes, or entirely; (2) regulate activities involving those animals; or (3) set minimum standards for the care and treatment of apes.

The various sources of law governing the import, possession, use and treatment of Great Apes are not uniformly applicable to all apes within the state. Instead, each statute and regulation must be analyzed according to the particular purpose for which an ape is possessed. The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

II. Sources of State Laws 

There are two types of state-level laws that govern the import, possession, use, and treatment of apes: (1) statutes, and (2) regulations. Statutes are laws that are enacted by the state legislature and regulations are laws that are enacted by state agencies. Without an express delegation of power from the state legislature, agencies have no authority to issue and enforce regulations. This delegation of power comes from a statute that directs an agency to accomplish a general goal, like regulating the importation of apes to prevent the spread of infectious diseases or setting minimum standards of care for captive apes. Once an agency is directed to accomplish a general goal, it has the authority to establish and enforce regulations that are consistent with that goal. On the other hand, some state statutes are self-implementing, which means they are complete and in effect without the need for regulations and enforcement by administrative agencies. Those statutes, which are in Section A below, directly regulate the conduct of the citizenry rather than directing an agency to do so. Section B identifies the state agencies that have been authorized by the state legislature to regulate certain aspects of the importation, possession, or use of apes, and discusses the regulations that those agencies have enacted that affect apes.

A. State Statutes 

The following statutes protect the health, welfare, and safety of captive apes and the citizens of Washington by regulating the importation, possession, use, and treatment of apes by various individuals and entities. Although it has been generally illegal to possess apes since 2007, the Dangerous Wild Animal Act (DWA) includes a variety of exemptions and does not apply to any person who legally possessed an ape prior to the ban. The state’s anti-cruelty statutes protect apes (and other animals) that are possessed for most purposes from abuse and neglect. Research facilities are exempt from the anti-cruelty laws while “properly” conducting scientific experiments or investigations on apes. Although state law does not protect apes while they are involved in such experiments, it does regulate the acquisition of apes for research purposes by mandating source certifications on the animals and requiring facilities to establish legally binding animal acquisition policies.

i. Dangerous Wild Animal Act:

It is illegal for any “person”[3] to import, own, possess, or breed any ape within Washington.[4] The ban contains a “grandfather clause,” which authorizes any person that legally possessed an ape prior to July 22, 2007 to keep the animal for the remainder of his or her life.[5] The ban does not apply to the following individuals and entities:[6]

(a) Facilities that are accredited or certified by the American Zoo and Aquarium Association (AZA) or that have a current signed memorandum of participation with an AZA species survival plan; 

(b) Nonprofit animal protection organizations that are housing an ape at the written request of the animal control authority or acting under the authority of the Dangerous Wild Animal Act (DWA);

(c) Animal control agents, law enforcement officers, or county sheriffs acting under the authority of the DWA;

(d) Veterinary hospitals or clinics;

(e) Holders of state wildlife rehabilitation permits;

(f) Wildlife sanctuaries;[7]

(g) Research facilities that are registered by the U.S. Department of Agriculture (USDA) under the Federal Animal Welfare Act (AWA);

(h) Out-of-state circuses licensed by the USDA under the AWA, that are temporarily in Washington and that offer performances by live animals, clowns, and acrobats;

(i) A person temporarily transporting and displaying an ape through the state, if the transit time is not more than twenty-one days and the ape is sufficiently confined to prevent escape; and

(j) A person displaying animals at a fair approved by the Washington State Department of Agriculture.[8]

Unlike some state and local bans, Washington’s Dangerous Wild Animal Act does not include a blanket exemption for all USDA-licensed breeders, dealers, and/or exhibitors. According to the legislative history, this omission was deliberate because the legislature was concerned that unscrupulous owners would obtain USDA licensure to circumvent the state-wide ban, a practice that occurs throughout the nation.

Local animal control officers, law enforcement agents, and county sheriffs enforce the DWA. If a county or municipality does not have a local “animal control authority,”[9] the Department of Fish and Wildlife must enforce the Act within that locality.[10] The law authorizes the immediate seizure of any ape that: (1) was acquired after July 22, 2007;[11] (2) is otherwise possessed in violation of the DWA; (3) poses a public health or safety risk; or (4) is in poor health and condition as a result of the “possessor.”[12] Once an ape is seized, he or she may not be returned to the possessor unless that individual can prove that he or she possessed the animal prior to July 22, 2007, and the return does not create a public health or safety risk.[13] In addition to liability for the costs of caring for an ape during his or her period of confiscation, a person that violates the DWA is subject to civil penalties ranging from $200 dollars to $2,000 dollars for each day that a violation continues.[14] Confiscated apes that are not returned to their possessors may not be euthanized unless all other reasonable placement options are unavailable.[15]

ii. Transfer of Apes to Research Facilities:

Pursuant to the state’s consumer protection laws, any ape that is sold, donated, or otherwise transferred to a research facility in Washington must be accompanied by a signed certification identifying the source of the ape.[16] If a facility obtains an ape directly from a USDA-licensed breeder who is licensed to do business in the state of Washington, the ape must be accompanied by a “breeder certification.”[17] If, on the other hand, a facility obtains an ape from any other source, the ape must be accompanied by a “true owner certification” that is signed by the owner of the ape and certifies that he or she has no “personal knowledge or reason to believe that the animal is a pet animal.” The certification must also include the date that the owner obtained the ape and the source from whom the animal was obtained. Finally the owner must consent in writing to allow the ape to be used for research purposes at the facility.[18]

All research facilities in Washington are required to adopt and operate under legally binding written policies governing the acquisition of apes and other animals to be used in biomedical or product research. The policies must mandate that the acquisition of apes for research be conducted in compliance with all applicable federal, state, and local laws and must include some provision to ensure that pet apes are not maintained or used for research without the written consent of the animal’s owner.[19] Any violation of the source certification or acquisition policy requirements is considered an unfair or deceptive business practice and may result in a maximum $2,500 fine.[20]

iii. Anti-Cruelty Statutes:

The state’s anti-cruelty statutes,[21] which prohibit the infliction of unnecessary pain or suffering on an animal, apply to most Great Apes within the state.[22] Because all captive apes are dependent on their keepers for food, water, shelter, and other basic necessities, the requirement that the animals be given necessary food,[23] water, shelter, rest, sanitation, space, and medical attention is particularly relevant.[24] In addition, apes are sometimes trained or induced to perform for public entertainment with chemical, electrical, mechanical, and manual devices that inflict physical or psychological injuries. Accordingly, the provisions that prohibit any person from physically injuring or inflicting unnecessary or substantial pain or suffering on an animal may be utilized to protect apes that are physically abused in the course of training, to induce performances, or for any other reason.[25]

All law enforcement agencies[26] may investigate alleged violations of the anti-cruelty statutes.[27] Humane officers who are employed by “animal care and control agencies”[28]may enforce the anti-cruelty provisions within cities and counties that have contracted with the agencies.[29] A violation of the anti-cruelty statutes is a class C felony, a gross misdemeanor, or a misdemeanor depending on the severity of the crime.[30] In addition to civil[31] and criminal penalties,[32] individuals that violate the state’s anti-cruelty laws are liable to local law enforcement agencies and animal holding facilities for the reasonable costs associated with the investigation and the care and placement of seized animals.[33]The law also provides for either mandatory or discretionary forfeiture of seized animals, depending on the severity of a defendant’s crime.[34] In the event that a court orders the forfeiture of seized animals, the defendant is also prohibited from owning or caring for any “similar animals”[35] for a certain period of time, or permanently, depending on the severity of the crime and the number of prior convictions.[36]

B. State Agencies and Regulations

In Washington, there are four state agencies that have been granted some level of authority to regulate the import, possession, use, or treatment of apes within the state. The State Board of Health and the Washington Department of Health regulate the possession and maintenance of pet apes to ensure that the animals do not pose a risk to the public health, particularly through the transmission of communicable diseases to humans. The Washington State Department of Agriculture regulates the importation of all apes, regardless of their intended use, to ensure that the animals have preliminary health screenings prior to entering the state. Although the Department of Fish and Wildlife has not historically exercised any authority over captive apes, the Dangerous Wild Animal Act authorizes the agency to investigate and prosecute the illegal possession of apes in communities that lack local animal control authorities.

i. Washington Department of Health and the State Board of Health

The State Board of Health (SBOH) and the Washington Department of Health (DOH) regulate the importation, sale, movement, transfer, and possession of all “pet animals,”[37]including apes, and have broad authority to protect the public health and welfare from the communicable diseases that are spread by those animals.[38] The state’s health laws declare that any pet ape that may reasonably be suspected of having a communicable disease that is contagious to humans (such as herpes B, Poliovirus, monkeypox, Ebola virus, malaria, hepatitis, Molloscum contagiosum, measles, rabies, tuberculosis, shigella, salmonella, Campylobacteriosis, ringworm, simian foamy virus, etc.[39]) is a public health nuisance and may be destroyed by the Secretary of DOH.[40] Additionally, it is illegal to maintain any ape, whether the animal is healthy or not, in a manner that is injurious to health[41] or that obstructs the use of property by interfering with the “repose, health, safety, or life of any considerable number of persons.”[42] A violation of the public health statutes, regulations, or any administrative order or quarantine is a misdemeanor.[43]

In Washington, local health departments are responsible for enforcing the state’s public health statutes and local health-related ordinances.[44] Each local health department is governed by a board of health which is responsible for appointing a local enforcement officer to enforce the state and local health laws.[45] Each local health officer has a statutory duty to enforce the state’s health laws, and a failure to do so is a misdemeanor.[46] In other words, if a facility maintains apes in a manner that creates a public health risk or nuisance in violation of state health laws, the local health officer MUST investigate and take necessary actions to abate the nuisance or health risk. If a local health officer fails to enforce those health laws, any person may file a complaint with SBOH and the agency will take administrative action against that local health officer.[47]

ii. Washington State Department of Agriculture

a. Import Permits and Certificates of Veterinary Health Inspection

The Washington State Department of Agriculture (WSDA) Animal Health Program regulates the importation of animals, including “exotic animals”[48] like apes, in order to prevent the introduction of “communicable,”[49] “contagious,”[50] or “infectious”[51] diseases.[52] It is illegal to import any ape into Washington without an entry permit issued by WSDA.[53]Within thirty days prior to entering the state, all Great Apes (except those that are less than six months old and nursing negative-tested dams) must test negative for tuberculosis.[54] Those test results must be included on the required “certificate of veterinary inspection,”[55] which certifies that the ape is free from clinical signs or known exposure to any infectious or communicable disease, including tuberculosis, and meets all other Washington state animal health requirements.[56] In general, all apes that have been exposed to or infected with any infectious or communicable disease are prohibited from entering the state; however, research facilities may be authorized to import those animals at the discretion of WSDA’s director.[57]

b. Import Restriction on Wild-Caught Apes

Although it is extremely rare for wild-caught apes to be imported into the United States because of federal and international restrictions, it should be noted that WSDA regulations prohibit the importation of any wild-caught “carnivorous mammal” into Washington if rabies has been diagnosed in the state of origin during the past 12 months. The regulations do not define the term “carnivorous mammal,” but several species of apes include some amount of meat in their diets, including chimpanzees, bonobos, and orangutans. Those animals exist in a wild-state in the following countries: Democratic Republic of Congo, Benin, Togo, Nigeria, Burkina Faso, Senegal, Ghana, Guinea-Bissau, Sierra Leone, Liberia, Mali, Cote d’Ivoire, Guinea, Cameroon, Angola, Central African Republic, Equatorial Guinea, Congo, Gabon, Sudan, Uganda, Rwanda, Burundi, Tanzania, Borneo, and Sumatra.[58]All of the aforementioned countries have high rates of rabies among terrestrial mammals,[59] and have confirmed cases annually. Therefore, in the event that a wild-caught chimpanzee, bonobo, or orangutan is imported into the United States, it is unlikely that the animal could be legally imported into the State of Washington.

c. Transfer of Ownership of Infected or Exposed Apes

Captive apes, particularly chimpanzees, are frequently transferred multiple times throughout their lives. Many young animals start out as pets or are used for entertainment purposes while they are small and relatively easy to handle. As they mature, they often become too large and potentially aggressive to be safely managed and so are transferred to wild animal dealers, zoos, wildlife parks, or research facilities. Animals that are obtained by research facilities may be exposed to, or infected with, a number of diseases that are transmissible to human beings. Once contaminated, it is possible for those animals to again be transferred to zoos, other exhibitors, or animal dealers and then resold to buyers who may or may not know the apes have been exposed to dangerous diseases. In 1995, the Greater Baton Rouge Zoo donated three chimpanzees that the facility knew had been infected with hepatitis B in 1990 to an animal dealer.[60] According to a report that was published four years later, that dealer then sold the chimpanzees without informing the buyers that the animals were infected with hepatitis B, a serious and potentially fatal viral disease that can be transmitted to humans through bites and scratches.[61] Under Washington law, it is a crime for any person to sell, exchange, or give away any ape that he or she knows is infected with any contagious, infectious, or communicable disease or that has been exposed to such a disease within the past 30 days without notifying the purchaser or person taking possession of the animal.[62]

The Animal Health Program has dedicated enforcement officers who are employed by WSDA. In addition, the agency’s field veterinarians have enforcement authority. These enforcement officers may enter onto private property at any reasonable time to investigate whether apes residing therein are infected with, or exposed to, any disease.[63] Any violation of the animal health statutes and WSDA regulations is a gross misdemeanor[64] and may also be subject to civil penalties, which vary in amount depending on the type of violation and the number of prior civil penalties that a person has received in the past ten years.[65]

iii. Washington State Department of Fish and Wildlife

The Department of Fish and Wildlife generally does not have any regulatory authority over captive apes. However, since 2007 the agency is required to enforce the Dangerous Wild Animal Act in any county or municipality that does not have a local “animal control authority.”[66] For more information on the Dangerous Wild Animal Act, see Section II(A)(i), above.

III. Analysis of State Laws as Applied to Specific Uses

The statutes and regulations that are covered in Section II all govern certain aspects of the import, possession, use, or treatment of captive apes that are possessed for various purposes. The laws are not uniformly applicable to all apes; instead, they vary according to the particular purpose for which an ape is possessed. In the U.S., captive apes are generally possessed for use as pets, scientific research subjects, for exhibition or other commercial purposes, or they are retired and live in sanctuaries. The remainder of this section discusses how the state’s laws affect apes that are possessed for those purposes.

A. Possession of Great Apes as Pets

In general, it is illegal to import, own, possess, or breed any Great Ape for use as a pet in Washington.[67] However, the ban is subject to a grandfather clause that allows any person who legally possessed an ape as a pet prior to July 22, 2007 to keep that animal for the remainder of his or her life. It is illegal to breed those apes and once an animal is sold or transferred, he or she may no longer be maintained as a pet within the State of Washington.

Some species of apes can live up to 60 years in captivity; as a result, it may be several decades before the ban effectively eradicates pet apes within the state. In the mean time, several state laws protect pet apes from mistreatment. The state’s anti-cruelty laws, as discussed in Section II(A)(iii), above, make it a crime to either deprive apes of necessary food, water, shelter, sanitation, and veterinary treatment, or to physically abuse the animals. In addition, the Dangerous Wild Animal Act authorizes local animal control and law enforcement agencies (or the Department of Fish and Game[68]) to immediately confiscate any pet ape that is in poor health or condition as a result of the possessor.[69] These state laws are particularly important for ensuring the welfare of pet apes because the Federal Animal Welfare Act[70] does not protect apes that are kept as pets.

Because the state legislature was especially concerned about the health and safety risks that pet apes pose to the public,[71] it included a provision within the Dangerous Wild Animal Act[72] that authorizes the immediate confiscation of any ape (regardless of whether the ape is grandfathered-in) that “poses a public safety or health risk.”[73] Once an animal is confiscated, he or she may not be returned to the possessor if doing so would create a public safety or health risk, as determined by local authorities.[74] Also, local health officials must abate any public nuisance that is created by the possession or maintenance of pet apes.[75] Finally, all pet apes within the state must be free of communicable diseases that are transmissible to humans; any animal with a suspected or confirmed disease that threatens human health is subject to inspection, testing, confiscation, quarantine, and/or destruction by local health officials under the authority of the State Board of Health and the Washington Department of Health.[76] 

B. Possession of Great Apes for Biomedical Research

The Dangerous Wild Animal Act,[77] which prohibits the importation, possession, or breeding of apes, does not apply to scientific research facilities that are registered with the United States Department of Agriculture (USDA) under the Federal Animal Welfare Act (AWA).[78] Washington regulates the acquisition of apes for scientific research by setting import restrictions, and also by mandating that research facilities maintain detailed source records of apes and operate under legally binding written policies governing the acquisition of those animals. All apes that are imported by research facilities must be accompanied by an import permit issued by the Washington State Department of Agriculture (WSDA) and by a certificate of veterinary inspection certifying that the animals comply with the state’s health requirements.[79] Although it is generally illegal to import apes that have been exposed to, or infected with, any infectious or communicable disease, research facilities may be authorized to import those animals at the discretion of WSDA’s director.[80]

All research facilities in Washington are required to adopt and operate under legally binding written policies governing the acquisition of apes and other animals to be used in biomedical or product research.[81] The policies must mandate that the acquisition of apes for research be conducted in compliance with all applicable federal, state, and local laws. In addition, the policies must include some provision to insure that pet apes are not used for research without the written consent of the animal’s owner.[82] Under state law, any ape that is transferred to a research facility in Washington must be accompanied by a signed certification identifying the source of the ape.[83] If a facility obtains an ape directly from a USDA-licensed breeder who is licensed to do business in the state of Washington, the ape must be accompanied by a “breeder certification.”[84] If, on the other hand, a facility obtains an ape from any other source, the ape must be accompanied by a “true owner certification” that is signed by the owner of the ape and certifies that he or she has no “personal knowledge or reason to believe that the animal is a pet animal.” The certification must also include the date that the owner obtained the ape and the source from whom the animal was obtained.[85]

The state’s anti-cruelty laws,[86] which prohibit any person from physically injuring or inflicting unnecessary or substantial pain or suffering on an animal, do not protect apes while they are being used in “properly conducted scientific experiments or investigations,” performed by facilities that are registered with the USDA under the AWA.[87] It is important to note that the plain language of the statute does not offer a blanket exemption from the anti-cruelty laws to research facilities. Apes that are maintained by research facilities are protected from abuse and neglect whenever they are not actually involved in research experiments, and researchers that conduct “improper” experiments or investigations, whether they be in violation of the facility’s research protocols, AWA standards, or other federal, state, or local laws, may be charged with animal cruelty for conducting those experiments.

Research facilities may not sell, donate, or otherwise transfer the ownership of apes that have been infected with, or exposed to “communicable,”[88] “contagious,”[89] or “infectious”[90] diseases, without notifying the subsequent owner of the animal’s actual or potential contamination. The same rule applies to animal dealers who obtain infected or exposed apes from research facilities for resale to third-party buyers.[91]

C. Possession of Great Apes for Entertainment and other Commercial Purposes

The commercial use of apes generally includes breeding, sale, display and exhibition of those animals. In 2007, the State of Washington outlawed the importation, possession, ownership, or breeding of Great Apes by many individuals and facilities that maintain apes for commercial purposes.[92] Breeders and animal dealers are prohibited from importing, breeding, and acquiring new apes.[93] Almost all in-state exhibitors, with the exception of Association of Zoos and Aquariums (AZA) accredited facilities (of which there are currently 4 in Washington state[94]) are also prohibited from importing, acquiring, or breeding apes.[95] Breeders, dealers, and non-AZA-accredited exhibitors that legally possessed apes prior to July 22, 2007 may keep those “grandfathered-in” animals for the remainder of their lives.[96] However, they may not breed the apes and if the animals are transferred to new possessors or owners, they are no longer grandfathered in and must either be transferred out of state or to a facility that is exempt from the Dangerous Wild Animal Act. Apes that are imported or possessed in violation of the ban may be immediately seized by local animal control and law enforcement agencies (or the Department of Fish and Game).[97]

Out-of-state circuses that are licensed by the U.S. Department of Agriculture (USDA) under the Federal Animal Welfare Act (AWA) may temporarily import apes for performances that include live animals, clowns, and acrobats. According to the statute, performances that fail to include all three elements are ineligible for the narrow exemption. However, the statute also provides a rather large exemption for any individual that is temporarily transporting and exhibiting an ape within Washington for up to 21 days as long as the ape is sufficiently confined to prevent escape.[98]

The state’s anti-cruelty laws, which protect captive apes from abuse and neglect, apply to all dealers, breeders, and exhibitors, regardless of whether they are subject to, or exempt from, the 2007 ban.[99] In addition, the Dangerous Wild Animal Act authorizes local animal control and law enforcement agencies (or the Department of Fish and Game[100]) to immediately confiscate any “grandfathered-in” ape that is in poor health or condition as a result of the possessor.[101]

Several state laws attempt to mitigate the health and safety risks posed by captive apes that are imported, possessed, or transferred for commercial purposes. First, all apes that are lawfully imported for temporary exhibition by out-of state facilities or for permanent exhibition by in-state AZA-accredited facilities must be accompanied by an import permit issued by the Washington State Department of Agriculture and a certificate of veterinary inspection which certifies that the ape has been examined by a veterinarian, tested for tuberculosis, and meets the state’s health requirements.[102] It is illegal to import an ape for any other commercial purpose, and apes that have been exposed to or infected with any communicable disease are prohibited from entering the state, even for otherwise permissible exhibition purposes.[103] Also, the Dangerous Wild Animal Act[104] authorizes the immediate confiscation of any “grandfathered-in” ape that “poses a public safety or health risk.”[105] Once an ape is confiscated, he or she may not be returned to the possessor if doing so would create a public safety or health risk, as determined by local authorities.[106] Additionally, state law mandates that local health officials, operating under the authority of the State Board of Health and the Washington Department of Health, ensure that all apes that are possessed for commercial purposes are not maintained in a manner which creates a public nuisance.[107] Finally, it is illegal for any breeder, dealer, exhibitor, or other individual or facility to sell, exchange, or give away any ape that has been infected with (or exposed in the last 30 days to) any contagious, infectious, or communicable disease without notifying the purchaser or subsequent possessor of the actual or potential infection.[108]

D. Possession of Great Apes by Sanctuaries

Washington’s Dangerous Wild Animal Act[109] defines a “wildlife sanctuary” as a nonprofit organization[110] that cares for potentially dangerous animals, including apes, and does not engage in any of the following activities:

  • Breeding of the animals;
  • Commercial activity involving animals including, but not limited to, the sale of or trade in animals, the sale of photographic opportunities involving animals, or the use of animals for any type of entertainment purpose;
  • Unescorted public visitations or direct contact between the public and the animals; and
  • Any activity that “is not inherent to the animal's nature, natural conduct, or the animal in its natural habitat.”[111]

Sanctuaries that meet this definition are exempt from the state’s ban on the import, ownership, or possession of apes.[112] However, those facilities are required to comply with the state’s import restrictions and health laws.[113] All apes that are imported by legitimate sanctuaries must be accompanied by a permit issued by the Washington State Department of Agriculture and a certificate of veterinary inspection which certifies that the apes have been examined by a veterinarian, tested for tuberculosis, and meet Washington’s health requirements.

It is worth noting that state law prohibits the importation of apes and other animals that have been exposed to or infected with any communicable disease.[114] This regulation, which appears to apply to sanctuaries, effectively prohibits the importation of apes that have been used in infectious disease research by scientific research facilities. The FederalChimpanzee Health Improvement, Maintenance, and Protection Act[115] created a national chimpanzee sanctuary system for retired and surplus laboratory chimpanzees, many of whom have been exposed to, or infected with communicable diseases such as hepatitis and HIV. This import ban prevents the establishment of a national chimpanzee sanctuary facility in Washington state that could accept exposed or infected apes from out-of-state facilities.

Organizations that refer to themselves as “sanctuaries,” but that do not meet the legal definition of a “wildlife sanctuary,” are prohibited from importing, acquiring, or breeding apes pursuant to the Dangerous Wild Animal Act.[116] Facilities that legally possessed an ape prior to July 22, 2007, may continue to possess that animal for the remainder of his or her life, but may not breed a “grandfathered-in” ape, and if a facility transfers possession of an ape, he or she is no longer “grandfathered-in,” and must be transferred to an exempt in-state facility or out-of-state.

The state’s anti-cruelty statutes apply to all sanctuaries, whether or not they meet the legal definition of a “wildlife sanctuary.”[117] In addition, the Dangerous Wild Animal Act authorizes local animal control or law enforcement officials (or the Department of Fish and Game[118]) to immediately confiscate any “grandfathered-in” ape that either poses a public health or safety risk or is in poor health and condition as a result of the “possessor.”[119] This provision allows local officials to take immediate action to protect the animals and the public from pseudo-sanctuaries that house apes in unsafe facilities or maintain the animals in sub-standard conditions.  

IV. Local Ordinances

Certain provisions within Washington’s state statutes authorize counties and local municipalities to prohibit or regulate the local possession and use of Great Apes.[120] There are many local ordinances in Washington that directly and indirectly govern the possession, use, and treatment of apes. The following list of ordinances is not exhaustive; rather, it is a partial list of local laws that demonstrates how some towns, cities, and counties in Washington have addressed the issue.

Aberdeen 6.04.200: It is illegal to keep or maintain any chimpanzee, gorilla, or any other “dangerous wild animal” within any residential zone. The prohibition does not apply to certain zoos, circuses, medical or scientific research institutions, and humane education programs, subject to local regulations. (Prior code § 6.06.170)

Airway Heights 6.05.010 et seq.: It is illegal to have, keep, or maintain any Great Ape within the city limits. The ban does not apply to certain zoos, circuses, and scientific or medical research programs, subject to local regulations. (Ord. C-669 § 42 et seq., 2008)

Algona 6.04.070: It is illegal to keep any Great Ape as a pet or to breed any such animal. ( King County Ord. 15801 § 50, 2007: Ord. 11340 § 2, 1994: Ord. 2473 § 3, 1975) The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 11340 § 3, 1994: Ord. 2473 § 11, 1975)

Anacortes 6.38.010 et seq.: It is illegal to import, own, possess, keep, harbor, breed, or have control of any Great Ape within the city limits. The ban does not apply to certain AZA accredited zoos, animal protection organizations, veterinary hospitals, wildlife sanctuaries, research facilities, medical and educational institutions, and circuses. (Ord. 2657 (part), 2004)

Arlington 8.05.030, 8.17.020: It is illegal to own, possess, keep, harbor, breed, or have custody of any Great Ape within the city limits. (Ord. 1371 §1(part), 2005)

Auburn 6.32.010: It is illegal to keep any Great Ape as a pet or to breed any such animal. ( King County Ord. 15801 § 50, 2007: Ord. 11340 § 2, 1994: Ord. 2473 § 3, 1975) The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 11340 § 3, 1994: Ord. 2473 § 11, 1975) (Ord. 5681 § 1, 2002; Ord. 4065 § 5, 1985)

Battle Ground 6.10.020, 6.10.130: It is illegal to import, possess, or maintain any “exotic animal” (defined as “any animal which, when in its wild state, or due to its size, habits, natural propensities, training or instinct, presents a danger or potential danger to human beings and is capable of inflicting serious physical harm upon human beings”). (Ord. 00-013 § 14, 2000); 6.10.170: According to this provision, circuses, zoos, wildlife rehabilitation centers and certain temporary events are exempt from a permit requirement that does not exist in the section that is cited (6.10.130). (Ord. 00-013 § 15, 2000)

Bellevue 8.08.010 et seq.: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. 5957 § 3, 2010)

Bellingham 7.12.100: It is illegal to own, harbor, or maintain any gorilla within the city limits, except as licensed under state law. A local permit is required to own or maintain any other Great Ape, subject to local requirements. The permit requirement does not apply to certain temporary circuses and zoos, and wildlife rehabilitation centers. (Ord. 10468 §2, 1993)

Blaine 6.12.100:  It is illegal to own, harbor, or maintain any gorilla within the city limits, except as licensed under state law. A local permit is required to own or maintain any other Great Ape, subject to local requirements. The permit requirement does not apply to certain temporary circuses and zoos, and wildlife rehabilitation centers. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

Bonney Lake 6.04.120: A local permit is required to have, keep, maintain, or possess any “exotic, wild, or dangerous” animal, subject to local requirements. (Ord. 1352 § 1, 2010); 6.04.170: It is illegal to induce any animal to perform using chemical, mechanical, electrical or manual devices in a manner which is likely to cause physical injury or suffering. (Ord. 1352 § 1, 2010)

Bremerton 7.05.010: It is illegal to possess any Great Ape within the city limits. The ban does not apply to certain circuses, zoos, or animal welfare organizations, subject to local permit requirements and regulations. (Ord. 5000 §3, 2007: Ord. 4949 §1 (part), 2005)

Brewster 6.08.010 et seq.: It is illegal to keep any Great Ape within the town limits. (Ord. 317 § 1, 1972)

Brier 6.04.270: It is illegal to induce any animal to perform using chemicals or mechanical, electrical or manual devices in a manner which is likely to cause physical injury or suffering. (Ord. 145.D §1(part), 2005)

Buckley 9.10.020, 9.10.230: It is illegal to import or possess any Great Ape within the city limits. (Ord. 20-08 § 7, 2008)

Burien 6.30.100: It is illegal to keep any Great Ape as a pet or for breeding purposes. ( King County Ord. 15801 § 50, 2007: Ord. 11340 § 2, 1994: Ord. 2473 § 3, 1975) The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 11340 § 3, 1994: Ord. 2473 § 11, 1975) (Ord. 11 § 9, 1993)

Burlington 6.12.030: Great Apes are prohibited within the city. (Ord. 1667 § 5, 2009)

Camas 6.20.010 et seq.: It is illegal to import, possess, or maintain any “exotic animal” (defined as “any animal which, when in its wild state, or due to its size, habits, natural propensities, training or instinct, presents a danger or potential danger to human beings and is capable of inflicting serious physical harm upon human beings”). The ban does not apply to institutions that are accredited by AZA or the Association of Sanctuaries. (Ord. 2384 § 1 (part), 2004)

Carnation 6.10.090: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. 509 § 9, 1995)

Castle Rock 6.06.400: It is illegal to possess, breed, import, export, barter, buy, sell, or attempt to buy or sell any Great Ape within the city limits. The ban does not apply to certain government-owned or operated facilities, zoos, museums, scientific or educational institutions, fairs, or circuses, subject to local requirements. (Ord. 2010-04 § 2, 2010)

Centralia 7.13.010 et seq.: It is illegal to harbor any Great Ape within the city limits. The ban does not apply to certain AZA accredited facilities, research or medical institutions, veterinary clinics, and transient circuses, subject to local regulations. (Ord. 2131 § 1 (part), 2004)

Chehalis 6.04.290: Any Great Ape kept within the city limits must have an enclosure that is equal in size to the Uniform Housing Code space requirements for housing a human (220 square feet for the first two inhabitants), and that is approved by the director.  (Ord. 704B, 2001)

Cheney 8-94: It is illegal to own any Great Ape. The ban does not apply to zoos, humane societies, veterinary or educational institutions, and certain federal or state licensed facilities. (Code 1977, § 5.5.1; Ord. No. 1867, 2-11-2003)

Clyde Hill 6.04.020: It is illegal to keep any Great Ape as a pet or for breeding purposes. ( King County Ord. 15801 § 50, 2007: Ord. 11340 § 2, 1994: Ord. 2473 § 3, 1975) The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, or private zoos. (King County Ord. 11340 § 3, 1994: Ord. 2473 § 11, 1975) ( Clyde Hill Ord. 728 § 1, 1995; Ord. 550 § 2, 1986)

Connell 8.08.220: It is illegal to have, keep, maintain, or possess any gorilla, chimpanzee, or any other “dangerous wild animal” in any residential zone within the city. Those animals may be allowed in other zones, subject to local permit requirements and regulations. (Ord. 875 § 2 (part), 2010).

Coupeville 6.04: It is illegal to keep or maintain any “wild animals” within the town limits. (Ord. 553 § 6(A)(part), 1997; Ord. 263 § 1, 1975)

Covington 6.05.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. ( King County Ord. 15801 § 50, 2007: Ord. 11340 § 2, 1994: Ord. 2473 § 3, 1975) The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 11340 § 3, 1994: Ord. 2473 § 11, 1975) (Covington Ord. 33-97 § 1)

Deer Park 6.16.010 et seq.: It is illegal to keep Great Apes within the city limits. The ban does not apply to certain veterinary clinics and public schools. ((Ord. 696 § 1, 1997; Ord. 833 § 1, 2006)

Des Moines 8.04.310: It is illegal to have, keep, or maintain any Great Ape within the city limits. The ban does not apply to certain zoos, circuses, and medical or scientific research programs, subject to local requirements. (Ord. 512 § 8, 1980)

Duvall 6.14.050: It is illegal to keep any Great Ape as a pet or to breed any such animal. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2, 1994: Ord. 2473 § 3, 1975); The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 11340 § 3, 1994: Ord. 2473 § 11, 1975)

Eatonville 6.30.020: It is illegal to have, keep, maintain, or possess any gorilla, chimpanzee, or any other “dangerous wild animal” in any residential zone within the city. Those animals may be allowed in other zones, subject to local permit requirements and regulations. The permit requirement does not apply to certain zoos, circuses, and medical or scientific research programs. (Ord. 2001-12 § 1, 2002); 6.30.180: It is illegal to induce any animal to perform using chemical, mechanical, electrical or manual devices in a manner which is likely to cause physical injury or suffering. (Ord. 2001-12 § 1, 2002)

Edgewood 6.08.020 et seq.: It is illegal to have keep, maintain, or possess any gorilla or chimpanzee in within the city limits. A local permit is required to keep other types of “vicious” wild animals. The ban and permit requirements do not apply to zoos, circuses, and medical or scientific research programs, subject to local safety requirements. (Ord. 05-261 § 1; Ord. 04-222 § 1)

Ellensburg 5.30.040, 5.30.300: It is illegal to import, export, possess, breed, barter, buy, sell, or attempt to buy or sell any Great Ape within the city limits. The ban does not apply to certain research facilities, circuses, performing animal exhibitions, or pet stores. (Ord. 4481 § 13, 2007)

Ephrata 8.05.010, 8.05.110: It is illegal to own or harbor any Great Ape within the city limits. (Ord. 87-7 '1 (part) 1987)

Everett 6.04.120: It is illegal to possess, breed, import, export, barter, buy, sell or attempt to buy or sell any Great Ape within the city limits. The ban does not apply to certain facilities that were constructed and operational on or before January 1, 2000 or to any reasonable adjacent expansion thereof. (Ord. 2782-04 § 6, 2004: Ord. 2394-99 § 9, 1999: Ord. 1810-91 § 12, 1991)

Everson 6.04.040: A local permit is required to own, maintain, or harbor any “exotic animal” within the city limits. Issuance of such a permit is contingent upon a demonstration that the animal does not pose a risk to public safety and the possession and use of the animal would be in compliance with all applicable local regulations. The permit requirement does not apply to certain transient circuses and zoos, wildlife rehabilitation centers, and veterinary hospitals, subject to local requirements. (Ord. 400 § 1, 1990)

Federal Way 9.18.060: It is illegal to have, keep, or maintain any Great Ape within the city limits. The ban does not apply to zoos, circuses, and medical or scientific research programs, subject to local safety requirements. (Ord. No. 10-661, § 23, 6-1-10)

Ferndale 6.02.020, 6.02.205: It is illegal to own or possess any “exotic animal” (defined as an animal “which is not common to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because of its size, vicious nature or other similar characteristics would constitute a danger to human life or property if not kept, maintained or confined in a safe and secure manner) within the city limits. The ban does not apply to “duly licensed commercial establishments.” (Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

Fife 6.04.100 et seq.: It is illegal to have, keep, maintain, or possess any gorilla or chimpanzee, or any other “dangerous” animal. (Ord. 521 § 10, 1979)

Fircrest 7.03.200: It is illegal to own, possess, maintain, harbor, or transport to sell any Great Ape within the city limits. The ban does not apply to zoos, circuses, and licensed sanctuaries. (Ord. 1396 § 21, 2005)

Franklin County 17.06.135: A local conditional use permit is required to possess any Great Ape within the county for purposes that are approved by federal and state law and that meet all applicable federal and/or state requirements. (Ord. 7-2005 § 3.13.5, 2005)

Hunts Point 6.05.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2, 1994: Ord. 2473 § 3, 1975) The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 11340 § 3, 1994: Ord. 2473 § 11, 1975) (Hunts Point Ord. 405 § 1, 2002)

Ilwaco 6.08.010 et seq.: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. 660 (part), 2001)

Issaquah 6.08.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2, 1994; Ord. 2473 § 3, 1975) The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 11340 § 3, 1994; Ord. 2473 § 11, 1975) (Issaquah Ord. 1411 § 1, 1980)

Kenmore 6.30.010 et seq.: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. 98-0009 § 45 (KCC 11.28.010))

Kent 8.03.045: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. No. 2787, § 2(9.16.12), 6-21-88; Ord. No. 3156, § 1, 2-15-94; Ord. No. 3218, § 4, 4-4-95; Ord. No. 3837, § 2, 4-17-07. Formerly Code 1986, § 9.16.12(A); KCC 8.03.040(C) – (J))

Kettle Falls 6.08.010: It is illegal to keep or maintain any Great Ape within the city limits. (Ord. 1432, 1986; Ord. 1502, 1993)

King County 11.28.010 et seq.: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975)

Kirkland 8.04.060: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (Kirkland Ord. 2882 § 13, 1985)

La Center 6.10.020, 6.10.055: A local license is required to import, keep, or harbor any “exotic animal” (defined as any animal “which due its large size, habits, natural propensities, training or instinct presents a danger or potential danger to human beings, animals or property”) within the city limits. Licensees must comply with all relevant local regulations. (Ord. 2005-1 § 2, 2005)

Lacey 7.04.040: Owners of Great Apes must register the animals with the city annually. (Ord. 1256 §3, 2005; Ord. 1038 §2, 1996; Ord. 1115 §1, 1999)

Lakewood 6.14.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as public zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. 105 § 1, (part) 1996.)

Leavenworth 6.16.020: It is illegal to keep, harbor, or maintain any gorilla, chimpanzee, or any other “vicious” wild animal within the city limits. (Ord. 1041 § 1, 1996; Ord. 747 § 2, 1984)

Longview 6.06.400: It is illegal to possess, breed, import, export, barter, buy, sell, or attempt to buy or sell any Great Ape within the city limits. The ban does not apply to governmental entities, zoos, scientific or educational institutions, and certain commercial activities such as fairs and circuses, subject to local safety requirements. (Ord. 3040 § 1, 2008; Ord. 2693 § 8, 1998)

Lynnwood 6.02.015, 6.02.030: It is illegal to possess, breed, import, export, barter, buy, sell, or attempt to buy or sell any Great Ape within the city limits. (Ord. 2604 § 1, 2006; Ord. 2091 § 4, 1996; Ord. 1215, 1981)

Maple Valley 6.05.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (Maple Valley Ord. O-97-42 § 1)

Mattawa 6.08.010: It is illegal to keep or raise any animal, other than “domestic household pets” within the town limits. The ban does not apply to veterinary clinics. (Ord. 276 §1, 2, 1993; Ord. 109 §1, 1977)

Mill Creek 6.02.060, 6.10.010 et seq.: It is illegal to harbor or possess any Great Ape within the city limits. The ban does not apply to certain government-owned or operated facilities, scientific or educational institutions, circuses, fairs, or zoos. (Ord. 2007-660 § 1)

Moses Lake 6.05.020(k): Great Apes are prohibited within the city. (Ord. 2297, 3/27/07; Ord. 1293, 1987)

Mount Vernon 6.04.320: It is illegal to possess any Great Ape within the city. The ban does not apply to veterinary hospitals or to uninterrupted transport of apes through the city. (Ord. 3301 § 1, 2005)

Mountlake Terrace 6.05.010, 6.05.132: It is illegal to possess or maintain any Great Ape within the city limits. (Ord. 2508 § 1, 2009)

Mukilteo 6.06.020, 6.32.010 et seq.: It is illegal to harbor or own any Great Ape within the city limits. (Ord. 1105 § 2 (part), 2004)

Napavine 6.12.140: It is illegal to import any species “generally regarded as ‘wild’ or foreign to this area, and which species is generally regarded as capable of injury to man or to domesticated animals,” without approval from the city council. (Ord. 305 § 14, 2000)

Normandy Park 6.04.070: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. 708 § 1, 2003; Ord. 303 § 1, 1976)

North Bend 6.08.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (North Bend Ord. 418 § 1, 1976)

Oak Harbor 7.40.010 et seq.: It is illegal to import, possess, keep, harbor, maintain, own, or have control of any Great Ape within the city limits. The ban does not apply to AZA accredited institutions, and certain animal protection organizations, law enforcement agencies, veterinary hospitals, wildlife sanctuaries, or circuses. (Ord. 1444 § 5 et seq., 2005)

Oakville 6.12.010: It is illegal to keep any “wild animal” which, by size or nature, constitutes a danger to any person. (Ord. 302 § 3, 1976)

Ocean Shores 6.04.040: It is illegal to have, keep, or maintain any Great Ape within the city limits. (Ord. 802 § 1 (part), 2006: Ord. 536 § 2 (part), 1992)

Olympia 6.04.040: Owners of Great Apes must register the animals with the city annually. (Ord. 6400 §1, 2006; Ord. 6248 §1, 2002; Ord. 6062 §1, 2000; Ord. 5977 §1, 1999; Ord. 5630 §1, 1996; Ord. 5612 §2, 1996; Ord. 5406 §1, 1993; Ord. 5344 §1, 1992; Ord. 5063 §2, 1989; Ord. 4753 §11, 1987; Ord. 4735 §1, 1986; Ord. 4588 §1, 1985; Ord. 4404 §1, 1982; Ord. 4338 §4, 1981)

Pacific 6.24.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (Pacific Ord. 1717 § 5, 2009; Ord. 593 § 1, 1976)

Pierce County 6.16.010 et seq.: It is illegal to keep Great Apes in unincorporated areas of the county. The ban does not apply to certain zoos, circuses, research facilities, and the temporary transport of apes through the county, subject to local rules. (Ord. 2008-14 § 1 (part), 2008; Ord. 2005-108 § 1 (part), 2005; Ord. 89-141 § 6 (part), 1989; prior Code § 36.06.0l0)

Port Orchard 7.10.010 et seq.: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. 1950 § 1, 2004)

Port Townsend 9.44.010 et seq.: In order to “promote the protection of animals,” it is illegal to display or sponsor a display of Great Apes (and other specified wild or exotic animals) within the city limits. This prohibition effectively bans all circuses, carnivals, parades, petting zoos, and similar operations that display such animals. The ban does not apply to institutions that are accredited by the AZA and the Association of Sanctuaries. (Ord. 2758 § 1, 2001)

Puyallup 8.04.010, 8.20.010 et seq.: It is illegal to possess or maintain any Great Ape within the city limits. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (Ord. 2646 § 1, 2000)

Quincy 8.05.010, 8.05.125: It is illegal to own or harbor any Great Ape within the city limits. (Ord. 731 §2 (part), 1988)

Redmond 7.08.010 et seq.: In order to “control hazards to the physical and mental health of the public and to promote the protection of animals,” it is illegal to display or sponsor a display of Great Apes (and other specified wild or exotic animals) within the city limits. This prohibition effectively bans all circuses, carnivals, parades, petting zoos, and similar operations that display such animals. The ban does not apply to institutions that are accredited by the AZA and the Association of Sanctuaries. (Ord. 2035 § 1 (part), 1999); 7.04.600: It is illegal to keep any Great Ape as a pet or for breeding purposes. This ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, or laboratories and other research facilities. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (Redmond Ord. 1704 § 26, 1992)

Renton 6-6-12: It is illegal to keep any “wild or dangerous” animal within the city limits. (Ord. 4964, 5-13-02)

Republic 6.06.010 et seq.: A local permit is required to keep any “wild, exotic, [or] nondomesticated” animal within the city limits. Such permits are issued only where the animal will not endanger public health, safety, and general welfare, and are subject to other restrictions. (Ord. 2005-9 § 2 (part))

Ridgefield 7.04.010, 7.04.060: It is illegal to import, possess, or maintain any “exotic animal” (defined as “any animal which, when in its wild state, or due to its size, habits, natural propensities, training or instinct, presents a danger or potential danger to human beings and is capable of inflicting serious physical harm upon human beings”). (Ord. 1016 § 1 (part), 2008)

Ritzville 5.20.020, 5.20.140: It is illegal to keep, harbor, or maintain any Great Ape within the city limits. (Ord. 1092 § 105, 2005; Ord. 942 § 3, 1997; Ord. 742 § 11, 1985)

Roy 6-7-2, 6-7-3: It is illegal to have, possess, control, keep, or maintain any Great Ape within the city limits unless a permit is obtained for the animal from the state game department and/or the Federal Fish and Wildlife Service, and the animal is kept in a nonresidential zone. The ban does not apply to zoos, circuses, and medical or scientific research programs, subject to local safety requirements. (Ord. 756, 1-9-2006); 6-7-10: It is illegal to induce such animal to perform using chemical, mechanical, electrical or manual devices in a manner which is likely to cause physical injury or suffering. (Ord. 756, 1-9-2006)

Royal City 6.04.020, 6.04.215: It is illegal to import, possess, or maintain any “exotic animal” (defined as “any animal which, when in its wild state, or due to its size, habits, natural propensities, training or instinct, presents a danger or potential danger to human beings and is capable of inflicting serious physical harm upon human beings”). (Ord. 06-03 § 2, 2006)

Sammamish 11.05.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (Sammamish Ord. O99-13 § 1)

SeaTac 6.05.090: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (SeaTac Ord. 90-1012 § 9)

Seattle 9.25.020, 9.25.053: It is illegal to procure or keep any Great Ape within the city limits. The ban does not apply to certain government agencies, educational facilities, veterinary hospitals, or to temporary possession by certain animal dealers, circuses, or special exhibits, subject to local permit requirements. (Ord. 119998 § 17, 2000; Ord. 112335 § 1(part), 1985)

Selah 5.11.010 et seq.: A local permit is required to keep any “wild, exotic, [or] nondomesticated” animal within the city limits. Such permits are issued only where the animal will not endanger public health, safety, and general welfare, and are subject to other restrictions. (Ord. 912 § 2 (part), 1988)

Shoreline 6.05.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (Shoreline Ord. 25 § 1, 1995)

Skagit County 7.01.020; 7.04.010 et seq.: It is illegal to have, keep, maintain, or possess any Great Ape in residential zones of the unincorporated areas of the county. A local permit is required to possess apes in non-residential zones. The ban does not apply to any person who is transporting an ape through the county or who possesses an ape “in connection with” a circus or scientific research facility, subject to local rules. (Ord. R20020080 (part)

Snohomish 7.04.050: It is illegal to import, export, possess, breed, barter, buy, sell, or attempt to buy or sell any Great Ape within the city limits. (Ord. 1915, 1999); 7.04.070: It is illegal to induce any animal to perform using chemical, mechanical, electrical or manual devices in a manner which is likely to cause physical injury or suffering. (Ord. 1915, 1999)

Snoqualmie 6.04.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (Snoqualmie Ord. 821 § 1, 1998; Ord. 570 § 1, 1986)

Steilacoom 8.17.010: A local permit is required to have, keep, maintain, or possess any gorilla, chimpanzee, or any other “dangerous” wild animal. (Ord. 1196 §1(part), 1996)

Sumner 6.04.020, 6.16.010 et seq.: It is illegal to possess or maintain Great Apes within the city limits. The ban does not apply to certain government-owned or operated facilities, scientific or educational institutions, circuses, fairs, educational or entertainment exhibits, and zoos. (Ord. 2324 § 19 (part), 2010)

Thurston County 9.10.040: Owners of Great Apes must register those animals with the county annually. (Ord. 12989 § 3, 2003: Ord. 12378 § 2, 2000; Ord. 12058, 1999: Ord. 11198 § 2 (part), 1996)

Toppenish 6.08.020: It is illegal to keep any “wild animal” within the city limits. The ban does not apply to certain temporary entertainment events, such as circuses, carnivals, and fairs. (Ord. 2005-4, 2005; Ord. 2001-12 § 1, 2001; Ord. 96-7 § 1, 1996; Ord. 95-20 § 1, 1995; Ord. 87-9 § 4, 1987)

Tukwila 7.04.020, 7.04.060: It is illegal to possess, maintain, or breed any Great Ape within the city limits. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos.

Tumwater 6.04.040: Owners of Great Apes must register the animals with the city annually. (Ord. O95-044, Added, 05/07/1996; Ord. O99-020, Amended, 09/21/1999; Ord. O2006-003, Amended, 01/17/2006)

Twisp 6.10.070: It is illegal to own, possess, maintain, harbor, or transport to sell any Great Ape. (Ord. 561, 2006)

University Place 8.40.010 et seq.: It is illegal to have, keep, maintain, possess,, or have control of any gorilla, chimpanzee, or any other “vicious” or “potentially dangerous” wild animal. The ban does not apply to certain zoos, circuses, and scientific or medical research programs. (Ord. 480 § 1, 2006; Ord. 356 § 2, 2002)

Vancouver 8.24.160: A local license is required to keep or harbor any “wild animal” within the city limits. All licensees must comply with local regulations. (Ord. M-2727 § 5, 1987: Ord. M-2397 § 17, 1983)

Waitsburg 8.03.090: A local permit is required to have, keep, or maintain any “wild, vicious, dangerous, or potentially dangerous” animal.

Walla Walla 6.01.010, 6.01.050: It is illegal to possess, harbor, keep, have an interest in, or have control of any Great Ape within the city limits. The ban does not apply to certain government-owned or operated facilities, educational facilities, veterinary hospitals, or to the temporary possession by animal dealers for sale to zoos, governmental entities, or educational facilities. A license may be issued for temporary possession of apes by circuses, performing animal exhibitions, or special exhibits. (Ord. 2001-9 § 2 (part), 2001)

Walla Walla County 6.04.010, 6.04.370: It is illegal to have, keep, or maintain any Great Ape in a residential zone. A local permit may be issued to possess those animals in other zoning districts, subject to local requirements. The aforementioned provisions do not apply to certain zoos, circuses, medical or scientific institutions, veterinary facilities, and humane education programs. (Ord. 240 § 2(part), 1997)

Wenatchee 4.48.010 et seq.: It is illegal to have, keep, possess, or maintain any gorilla, chimpanzee, or any other “vicious” wild animal. The ban does not apply to certain government agencies, zoos, circuses, medical or scientific research programs, and humane societies. (Ord. 2543 § 1 et seq., 1984)

West Richland 6.24.005: A local permit is required to possess a “wild, dangerous, or potentially dangerous” animal within the city limits. All permittees must comply with the applicable local regulations. (Ord. 22-05 § 8, 2005; Ord. 10-87 § 2, 1987; Ord. 6-87 § 1, 1987)

Westport 8.12.190: It is illegal to keep, maintain, or possess a chimpanzee, gorilla, or any other “dangerous wild animal” within any residential zone. The ban does not apply to certain zoos, circuses, medical or scientific research facilities, and humane education programs.  (Ord. 1419, 2007)

Wilbur 6.08.010: It is illegal to keep, maintain, or harbor any “wild animal” without special consent of the Department of Fish and Wildlife and the town council. (Ord. 396 §44, 2002)

Woodinville 6.03.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (Woodinville Ord. 32 § 1, 1993)

Woodland 7.04.040: Owners of Great Apes must register the animals with the city annually. (Ord. 907 § 1, 1998: Ord. 852 § 2 (part), 1997)

Yarrow Point 6.04.010: It is illegal to keep any Great Ape as a pet or for breeding purposes. The ban does not apply to government owned or operated facilities, such as zoos, nor does it apply to certain museums, laboratories and research facilities, circuses, fairs, and private zoos. (King County Ord. 15801 § 50, 2007: Ord. 11340 § 2 et seq., 1994; Ord. 2473 § 3 et seq., 1975) (Yarrow Point Ord. 595 § 1, 2009)

Zillah 6.04.440: It is illegal to keep any “wild or vicious” animal as a pet or for exhibition or display purposes. The ban does not apply to zoos, circuses, and performing animal exhibitions. (Ord. 1027 § 45, 2004)

 


 

[1] Wash. Rev. Code § 16.30.010.

[2] Wash. Rev. Code § 16.30.005 et seq.

[3] The term “person” means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof. Wash. Rev. Code § 16.30.010.

[4] Wash. Rev. Code § 16.30.030.

[5] Wash. Rev. Code § 16.30.030; A person claiming an exemption under the grandfather clause must maintain records that establish that he or she possessed the ape prior to July 22, 2007, and must present such documentation to local animal control or law enforcement officers upon request. Id.

[6] Wash. Rev. Code § 16.30.020.

[7] “Wildlife sanctuary” means a nonprofit organization, as described in RCW 84.36.800, that cares for animals defined as potentially dangerous and: (a) No activity that is not inherent to the animal's nature, natural conduct, or the animal in its natural habitat is conducted; (b) No commercial activity involving an animal occurs including, but not limited to, the sale of or trade in animals, animal parts, animal byproducts, or animal offspring, or the sale of photographic opportunities involving an animal, or the use of an animal for any type of entertainment purpose; (c) No unescorted public visitations or direct contact between the public and an animal; or (d) No breeding of animals occurs in the facility. Wash. Rev. Code § 16.30.010.

[8] Approval for fairs is pursuant to Wash. Rev. Code § 15.76 or 36.37.

[9] “Animal control authority” means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals. Wash. Rev. Code § 16.30.010.

[10]  Wash. Rev. Code § 16.30.070.

[11] An agent or officer confiscating an ape under this provision must have have probable cause to believe that the ape was acquired after July 22, 2007. Wash. Rev. Code § 16.30.040(1)(a).

[12] “Possessor” means any person who owns, possesses, keeps, harbors, brings into the state, or has custody or control of a potentially dangerous wild animal. Wash. Rev. Code § 16.30.010; Wash. Rev. Code § 16.30.040.

[13] Wash. Rev. Code § 16.30.040(2).

[14] Wash. Rev. Code § 16.30.040(3).

[15] Wash. Rev. Code § 16.30.040.

[16] Wash. Rev. Code § 16.52.220(1).

[17] Wash. Rev. Code § 16.52.220(1)(a).

[18] Wash. Rev. Code § 16.52.220(1)(b); If the ape is transferred from a humane society or animal shelter, that organization is not required to claim ownership of the ape; rather, it must certify that the ape had been in the possession of the organization for the minimum period required by law that allows it to legally transfer ownership of the ape. Id.

[19] Wash. Rev. Code § 16.52.220(3); Research facilities are also required to designate an individual who is responsible for informing inquiring citizens of their right to prompt review of the relevant acquisition files that must be kept by the institution. Id.

[20] Wash. Rev. Code § 19.86.145.

[21] Wash. Rev. Code § 16.52.011 et seq.

[22] Wash. Rev. Code § 16.52.205; Wash. Rev. Code § 16.52.207; But see, Wash. Rev. Code § 16.52.180 (discussing the exemption from the state’s anti-cruelty laws for apes used in scientific experiments).

[23] “Necessary food” means the provision at suitable intervals of wholesome foodstuff suitable for the animal's age and species and sufficient to provide a reasonable level of nutrition for the animal. Wash. Rev. Code § 16.52.11.

[24] Wash. Rev. Code § 16.52.205(2); Wash. Rev. Code § 16.52.207(2).

[25] Wash. Rev. Code § 16.52.205(1); See also, discussion infra Section IV (listing the local ordinances that make it illegal for any animal exhibition or circus to induce an ape, or any other animal, to perform using chemical, mechanical, electrical, or manual devices in a manner which will, or is likely to, hurt or injure the animal).

[26] “Law enforcement agency” means a general authority Washington law enforcement agency as defined in RCW 10.93.020.  Wash. Rev. Code § 16.52.011.

[27] Wash. Rev. Code § 16.52.015.

[28] “Animal care and control agency” means any city or county animal control agency or authority authorized to enforce city or county municipal ordinances regulating the care, control, licensing, or treatment of animals within the city or county, and any corporation organized under RCW 16.52.020 that contracts with a city or county to enforce the city or county ordinances governing animal care and control. Wash. Rev. Code § 16.52.011.

[29] The enforcement powers of animal control officers and humane officers are limited. They can issue citations for misdemeanor and gross misdemeanor violations but cannot personally make arrests or carry firearms. Wash. Rev. Code § 16.52.015(3); See also, Wash. Rev. Code § 16.52.020 (discussing the enforcement authority of humane societies).

[30] Animal cruelty in the first degree is a class c felony. Wash. Rev. Code § 16.52.205; Animal cruelty in the second degree is a misdemeanor or gross misdemeanor. Wash. Rev. Code § 16.52.207.

[31] If convicted, the defendant must pay a civil penalty of one thousand dollars to the county to prevent cruelty to animals. Wash. Rev. Code § 16.52.200(6).

[32] The criminal penalties vary depending upon the classification of the crime; See generally, Wash. Rev. Code § 9.92.005  et seq. (crimes and punishments).

[33] Wash. Rev. Code § 16.52.200(5).

[34] Wash. Rev. Code § 16.52.200(3).

[35] “Similar animal” means an animal classified in the same genus. Wash. Rev. Code § 16.52.11.

[36] Wash. Rev. Code § 16.52.200(3)(a)-(d).

[37] “Pet animals” means dogs (Canidae), cats (Felidae), monkeys and other similar primates, turtles, psittacine birds, skunks, or any other species of wild or domestic animals sold or retained for the purpose of being kept as a household pet.

[38] Wash. Rev. Code § 16.70.010; The powers conferred on the Secretary of DOH are concurrent with the powers conferred on the Director of the Department of Agriculture by Chapter 16.36 RCW, and Chapter 43.23 RCW, and the Secretary and Director shall cooperate in exercising their responsibilities. Wash. Rev. Code § 16.70.060.

[39] Known Cases and Outbreaks of Ebola Hemorrhagic Fever, in Chronological Order, Centers for Disease Control and Prevention (June 3, 2010), available athttp://www.cdc.gov/ncidod/dvrd/spb/mnpages/dispages/ebola/ebolatable.pdf; Nathan D. Wolfe et al., Wild Primate Populations in Emerging Infectious Disease Research: The Missing Link?, Emerging Infectious Diseases, Vol. 4 No. 2 (1998); David M. Renquist, D.V.M., M.A. and Robert A. Whitney, Jr., D.V.M., M.S., Zoonoses Acquired From Pet Primates, available at http://pin.primate.wisc.edu/aboutp/pets/zoonoses.html; Sara Calattini et al., Simian Foamy Virus Transmission from Apes to Humans, Rural Cameroon, Emerging Infectious Diseases Vol. 13 No. 9 (Sept. 2007).

[40] Wash. Rev. Code § 16.70.040.

[41] Though the regulation is ambiguous, it appears that the rule is referring to human health.

[42] Wash. Admin. Code § 246-203-010;  Wash. Admin. Code § 246-203-130. 

[43] Wash. Rev. Code § 70.05.120; Wash. Rev. Code § 16.70.050.

[44] Wash. Rev. Code § 70.05.060.

[45] Wash. Rev. Code § 70.05.070.

[46] Wash. Rev. Code § 70.05.120.

[47] Wash. Rev. Code § 70.05.120.

[48] “Exotic animal” means species of animals that are not native to Washington state but exist elsewhere in the world in the wild state. Wash. Admin. Code § 16-54-010.

[49] “Communicable disease” means a disease due to a specific infectious agent or its toxic products transmitted from an infected person, animal, or inanimate reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the environment. Wash. Rev. Code § 16.36.005.

[50] “Contagious disease” means a communicable disease that is capable of being easily transmitted from one animal to another animal or a human. Wash. Rev. Code § 16.36.005.

[51] “Infectious disease” means a clinical disease of humans or animals resulting from an infection with an infectious agent that may or may not be communicable or contagious.Wash. Rev. Code § 16.36.005.

[52] Wash. Rev. Code § 16.36.040; Wash. Rev. Code § 16.36.005; Wash. Admin. Code § 16-06-165; The powers conferred on the Secretary of DOH are concurrent with the powers conferred on the Director of WSDA by Chapter 16.36 RCW, and Chapter 43.23 RCW, and the Secretary and Director shall cooperate in exercising their responsibilities. Wash. Rev. Code § 16.70.060.

[53] Wash. Admin. Code § 16-54-180.

[54] Tuberculosis includes both Mycobacterium bovis and Mycobacterium tuberculosis. Wash. Admin. Code § 16-54-180.

[55] “Certificate of veterinary inspection” means a legible veterinary health inspection certificate on an official form (electronic or paper) from the state of origin or from the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) executed by a licensed and accredited veterinarian or a veterinarian approved by APHIS. The certificate of veterinary inspection is also known as an “official health certificate.” Wash. Admin. Code § 16-54-010.

[56] Wash. Rev. Code § 16.36.050; Wash. Admin. Code § 16-54-180.

[57] Wash. Admin. Code § 16-54-065.

[58] Orangutans are found in Borneo and Sumatra, but none of the other listed countries. Chimpanzees and bonobos are not found in either Borneo nor Sumatra.

[59] Health Protection Agency, Rabies Risks in Terrestrial Animals, By Country, available at http://www.hpa.org.uk/web/HPAweb&HPAwebStandard/HPAweb_C/1259152458758#D(last visited Feb. 20, 2011); The Jakarta Post, Rabies in North Sumatra Alarming (Feb. 21, 2011), available at http://www.thejakartapost.com/news/2011/02/12/rabies-north-sumatra-alarming-official.html; A.O. Adedeji, et seq., An Overview of Rabies – History, Epidemiology, Control, and Possible Elimination, 4(22) African Journal of Microbiology Research 2327-2338 (Nov. 18, 2010), available at http://www.academicjournals.org/ajmr/PDF/Pdf2010/18%20Nov/Adedeji%20et%20al.pdf.

[60] Linda Goldston, Growing Number of Animals are Escaping from Zoos, Injuring or Killing People, San Jose Mercury News, Feb. 11, 1999.

[61] http://www.cdc.gov/hepatitis/HBV/index.htm; Washington State Board of Health, Zoonotic Diseases and Exotic Pets: A Public Health Policy Analysis (2004), available athttp://www.sboh.wa.gov/Pubs/docs/Zoonotics_ExoticPets.pdf.

[62] Wash. Rev. Code § 16.36.082.

[63] In order to lawfully enter private property, the enforcement officer(s) must have reasonable cause to investigate the premises for evidence of infected or exposed animals.Wash. Rev. Code § 16.36.060.

[64] Wash. Rev. Code § 16.36.110.

[65] Wash. Admin. Code § 16-90-030.

[66] “Animal control authority” means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals. Wash. Rev. Code § 16.30.010;  Wash. Rev. Code § 16.30.070.

[67] See discussion supra Section II(A)(i).

[68] If a county or municipality does not have a local “animal control authority,” the Department of Fish and Wildlife must enforce the Act within that locality. Wash. Rev. Code § 16.30.070.

[69] See discussion supra Section II(A)(i); Wash. Rev. Code § 16.30.005 et seq.

[70] 7 U.S.C.A. § 2131 et seq.

[71] Wash. Rev. Code § 16.30.005.

[72] See discussion supra Section II(A)(i).

[73] Wash. Rev. Code § 16.30.040.

[74] Wash. Rev. Code § 16.30.040.

[75] See discussion supra Section II(B)(i); Wash. Rev. Code § 70.05.120.

[76] See discussion supra Section II(B)(i); Wash. Rev. Code § 16.70.030.

[77] See discussion supra Section II(A)(i); Wash. Rev. Code § 16.30.005 et seq.

[78] Wash. Rev. Code § 16.30.020; 7 U.S.C.A. § 2131 et seq.

[79] See discussion supra Section II(B)(ii)(a).

[80] Wash. Admin. Code § 16-54-065.

[81] See discussion supra Section II(A)(ii).

[82] Wash. Rev. Code § 16.52.220(3). Research facilities are also required to designate an individual who is responsible for informing inquiring citizens of their right to prompt review of the relevant acquisition files that must be kept by the institution. Id.

[83] Wash. Rev. Code § 16.52.220(1).

[84] Wash. Rev. Code § 16.52.220(1)(a).

[85] Wash. Rev. Code § 16.52.220(1)(b); If the ape is transferred from a humane society or animal shelter, that organization is not required to claim ownership of the ape; rather, it must certify that the ape had been in the possession of the organization for the minimum period required by law that allows it to legally transfer ownership of the ape. Id.

[86] See discussion supra Section II(A)(iii); Wash. Rev. Code § 16.52.011 et seq.

[87] Wash. Rev. Code § 16.52.180.

[88] “Communicable disease” means a disease due to a specific infectious agent or its toxic products transmitted from an infected person, animal, or inanimate reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the environment. Wash. Rev. Code § 16.36.005.

[89] “Contagious disease” means a communicable disease that is capable of being easily transmitted from one animal to another animal or a human. Wash. Rev. Code § 16.36.005.

[90] “Infectious disease” means a clinical disease of humans or animals resulting from an infection with an infectious agent that may or may not be communicable or contagious.Wash. Rev. Code § 16.36.005.

[91] See discussion supra Section II(B)(ii)(c); Wash. Rev. Code § 16.36.082.

[92] See discussion supra Section II(A)(i).

[93] Wash. Rev. Code § 16.30.030.

[94] http://www.aza.org/findzooaquarium/.

[95] Wash. Rev. Code § 16.30.020; Wash. Rev. Code § 16.30.030.

[96] Wash. Rev. Code § 16.30.030.

[97] Wash. Rev. Code § 16.30.040.

[98] Wash. Rev. Code § 16.30.020.

[99] See discussion supra Section II(A)(iii); Wash. Rev. Code § 16.52.011 et seq.

[100] If a county or municipality does not have a local “animal control authority,” the Department of Fish and Wildlife must enforce the Act within that locality. Wash. Rev. Code § 16.30.070.

[101] See discussion supra Section II(A)(i); Wash. Rev. Code § 16.30.005 et seq.

[102] See discussion supra Section II(B)(ii)(a).

[103] Wash. Admin. Code § 16-54-065.

[104] See discussion supra Section II(A)(i).

[105] Wash. Rev. Code § 16.30.040.

[106] Wash. Rev. Code § 16.30.040.

[107] See discussion supra Section II(B)(i).

[108] See discussion supra Section II(B)(ii)(c).

[109] See discussion supra Section II(A)(i).

[110] The term “nonprofit organization” is described in Wash. Rev. Code § 84.36.800.

[111] Wash. Rev. Code § 16.30.010.

[112] Wash. Rev. Code § 16.30.020.

[113] See discussion supra Sections II(B)(i) and II(B)(ii).

[114] Wash. Admin. Code § 16-54-065.

[115] 42 U.S.C.A. § 287a-3a. See also, the detailed discussion on the Chimpanzee Health Improvement, Maintenance, and Protection Act.

[116] See discussion supra Section II(A)(i).

[117] See discussion supra Section II(A)(iii); Wash. Rev. Code § 16.52.011 et seq.

[118] If a county or municipality does not have a local “animal control authority,” the Department of Fish and Wildlife must enforce the Act within that locality. Wash. Rev. Code § 16.30.070.

[119] “Possessor” means any person who owns, possesses, keeps, harbors, brings into the state, or has custody or control of a potentially dangerous wild animal. Wash. Rev. Code § 16.30.010; Wash. Rev. Code § 16.30.040.

[120] Wash. Rev. Code § 16.30.050; Wash. Rev. Code § 35.22.280.

 

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