Press Release: The Animal Care and Control Omnibus Amendment Act of 2019

News Release — Ward 3 DC Council member Mary Cheh

December 17, 2019

Communications Director: Kelly Whittier

Legislation addresses multiple issues including dogfighting, the need for lights and sirens for animal control vehicles, and pet ownership in divorce

WASHINGTON, D.C. –Today, December 17^th, Councilmember Mary M. Cheh (D-Ward 3) introduced the “Animal Care and Control Omnibus Amendment Act of 2019.” This legislation will make several important changes to the manner in which the District cares for and protects domestic animals and pets, how the District supports the animal control agency, the Humane Rescue Alliance, as well as enhancing the way that the Humane Rescue Alliance is able to respond to life-threatening animal-related emergencies.

“For the past decade, the District of Columbia has set the national standard for the humane care and treatment of domestic and wild animals. But, as we have recently seen with the passage of Ray’s Law, also known as Momma’s Law, we cannot rest on our past success and must remain ready to respond to immediate and pressing animal welfare concerns,” said Councilmember Cheh.

The Animal Care and Control Omnibus Amendment Act makes six important changes pertaining to domestic animal care and animal control operations:

1. Authorizing emergency vehicles: In cases of a life-threatening emergencies involving an animal, such as when a dangerous dog is running loose in a neighborhood, it can be incredibly difficult for animal control officers to reach the location of an emergency in a timely manner. This bill addresses the need of a faster response time by authorizing the District’s animal control vehicles to operate emergency lights and sirens when responding to life threatening animal-related emergencies;
2. Bonding for care of seized animals: This provision of the bill will allow the Washington Humane Society, which established the Humane Rescue Alliance, to recover the costs incurred when caring and boarding seized animals during the pendency of criminal or other proceedings;
3. Banning implements of dogfighting: There are a number of very specific tools that are used to train and facilitate dogfighting and it is common for animal control officers to investigate a site of suspected dogfighting only to find that the implements of dogfighting are present on the property, but the dogs themselves are not. These tools include items such as breaking sticks, modified treadmills, and fighting pits—implements that are clearly and exclusively used by those involved in this cruel and illegal practice. Modeled after similar laws in neighboring jurisdictions, this provision will give humane law enforcement the ability to better pursue suspected cases of dogfighting;
4. Eliminating the loophole on sexual contact with animals: Bestiality remains legal in a handful of states and the District of Columbia. As other states have acted to close this loophole and pass anti-sexual abuse laws pertaining to animals, including banning the distribution of pornography relating to the subject, this bill will prohibit sexual contact between a person and an animal, including the advertisement, offer of sale, or dissemination of photographs or video footage of sexual contact between a person and animal;
5. Requiring pet stores to sell rescued animals: The bill will also prohibit a pet store operator from selling a live dog or cat in a pet store unless the dog or cat was obtained from a humane society, shelter, or rescue group; and
6. Managing pet ownership in a divorce: Family pets are currently treated as property when a couple separates, divorces, terminates a domestic partnership, or has an annulment in the District. The party who purchased the pet remains the determining factor for ownership—the wellbeing of the animal, including any bond with certain family members, has no bearing on who is considered to be the owner of pet. In contentious separations, the ownership of a family pet can be used as a tool to hurt the other party. The final provision of this bill modifies the pure property disposition of a pet in a divorce so that the court may assign sole or joint ownership of a pet based upon the care and best interest of the animal.

“This omnibus legislation responds to multiple issues—including how family pets are dealt with in a contentious divorce and the need to codify the practice that local pet stores only sell cats and dogs that come from rescue organizations or local shelters. And, perhaps most importantly, it re-introduces language to classify animal control vehicles as emergency response vehicles. Being one of the most prosperous and progressive communities in the country, the District of Columbia should embrace any and every opportunity to adopt a compassion-based approach to animal management and care, and I’m eager to see this legislation passed,” said Councilmember Cheh.

Councilmembers Todd and Bonds co-introduced the legislation. A copy of the bill is attached.

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