Mount Vernon council adopts ordinance to mirror state animal‑cruelty law

The Mount Vernon City Council voted on Feb. 25 to adopt Ordinance 3936, which inserts Washington’s second‑degree animal cruelty statute into the city municipal code so the city can prosecute those offenses under local law.

City Attorney Kevin Rogerson told the council the change is technical cleanup prompted by a Washington Supreme Court decision. “About 15 years ago, there was a Washington State Supreme Court case — City of Auburn v. Gaunt,” Rogerson said. He added the ordinance “adopts the state statute and any amendments that the state legislature makes hereafter so you don't have to worry about a technical legal challenge.”

Rogerson said the goal is to preserve Mount Vernon’s ability to prosecute when the facts warrant. “If the facts warrant us to go after somebody for animal cruelty in the second degree, we've got it in the code. We can prosecute them,” he said. He noted the offense is classified as a gross misdemeanor with potential penalties of 364 days in jail and a $5,000 fine.

A motion to approve Ordinance 3936 was made by Melissa and seconded by Andrew; the council voted by voice and the motion was recorded as passing. The transcript records the ordinance number as “3936.” The meeting record does not include an individualized roll‑call of how each member voted; the recorded roll call earlier in the meeting showed six council members present and one member absent, and the council’s voice vote was recorded as an affirmative vote by the body.

The ordinance, as presented, adopts the state law language into Mount Vernon’s municipal code and will allow city prosecutors to pursue second‑degree animal cruelty charges under local code mirroring the state statute. No amendments to the ordinance were recorded in the meeting minutes.