BP BHEAD INT S

AN ACT Relating to dangerous animals; amending RCW 16.04.010, 16.08.010, 16.08.020, 16.08.040, 16.08.070, 16.08.090, and 16.10.040; adding new sections to chapter 16.08 RCW; creating a new section; repealing RCW 16.08.030; and prescribing penalties.

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

NEW SECTION. Sec. 1. The state of Washington recognizes the right of the people to own animals and to obtain the full use and enjoyment of those animals. The state recognizes that commensurate with this right is the burden of responsibility for the care and well-being of those animals imposed upon their owners. The state further imposes liability on animal owners for any harm, injury, damage, or trespass by the animals upon the person or property of another.

NEW SECTION. Sec. 2. A city, county, town, or municipality shall not pass any law or ordinance that prevents the rightful ownership of animals or their full use and enjoyment.

Sec. 3. RCW 16.04.010 and 1989 c 286 s 1 are each amended to read as follows:

Any person suffering damage done by any horses, mules, donkeys, cattle, goats, sheep, swine, canids or canid-hybrids, or any such animals, which shall either trespass upon any land enclosed by lawful fence as provided in chapter 16.60 RCW ((or)), trespass while running at large in violation of chapter 16.24 RCW, or in any way damage such person's property, including livestock, may retain and keep in custody such offending animals until the owner or person having possession of such animals shall pay such damage and costs, or until good and sufficient security be given for the same.

Sec. 4. RCW 16.08.010 and 1985 c 415 s 14 are each amended to read as follows:

The owner or keeper of any ((~~dog~~)) canid or canid-hybrid shall be liable to the owner of any animal killed or injured by such ((~~dog~~)) canid or canid-hybrid for the amount of damages sustained and costs of collection, to be recovered in a civil action.

Sec. 5. RCW 16.08.020 and 1929 c 198 s 6 are each amended to read as follows:

It shall be lawful for any person who shall see any ((~~dog or dogs~~)) canids or canid-hybrids chasing, stalking, biting, injuring or killing any sheep, swine or other domestic animal, including poultry, belonging to such person, on any real property owned or leased by, or under the control of, such person, or on any public highway, or on open grazing land, to kill such ((~~dog or dogs~~)) canids or canid-hybrids, and it shall be the duty of the owner or keeper of any ((~~dog or dogs~~)) canids or canid-hybrids so found chasing, stalking, biting or injuring any domestic animal, including cattle and poultry, upon being notified of that fact by the owner of such domestic animals, cattle, or poultry, to thereafter keep such ((~~dog or dogs~~)) canids or canid-hybrids in leash or confined upon the premises of the owner or keeper thereof, and in case any such owner or keeper of a ((~~dog or dogs~~)) canids or canid-hybrids shall fail or neglect to comply with the provisions of this section, it shall be lawful for the owner of such domestic animals, cattle, or poultry to kill such ((~~dog or dogs~~)) canids or canid-hybrids found running at large.

Sec. 6. RCW 16.08.040 and 1941 c 77 s 1 are each amended to read as follows:

(1) The owner of any ((~~dog~~)) canid or canid-hybrid which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such ((~~dog~~)) canid or canid-hybrid, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such ((~~dog~~)) canid or canid-hybrid or the owner's knowledge of such viciousness.

(2) Evidence of the canid's or canid-hybrid's particular breed shall not be admissible for the purpose of attempting to show that the owner of the canid or canid-hybrid had knowledge of a trait or propensity of the animal that would be likely to cause such injury, or for any purpose.

Sec. 7. RCW 16.08.070 and 1987 c 94 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 16.08.040, 16.08.070 through 16.08.100, and sections 8 through 11 of this act.

(1) "Potentially dangerous ((~~dog~~)) canid or canid-hybrid" means any ((~~dog~~)) canid or canid-hybrid that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any ((~~dog~~)) canid or canid-hybrid with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

(2) "Dangerous ((~~dog~~)) canid or canid-hybrid" means any ((~~dog~~)) canid or canid-hybrid that according to the records of the appropriate authority, (a) has inflicted severe injury on a human being without provocation on public or private property, (b) has killed a domestic animal without provocation while off the owner's property, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the ((~~dog~~)) canid or canid-hybrid again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

(3) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

(4) "Proper enclosure of a dangerous ((~~dog~~)) canid or canid-hybrid" means, while on the owner's property, a dangerous ((~~dog~~)) canid or canid-hybrid shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the ((~~dog~~)) canid or canid-hybrid.

(5) "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.

(6) "Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

(7) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

NEW SECTION. Sec. 8. If an animal control officer has investigated and determined that there exists probable cause to believe that a canid or canid-hybrid is a potentially dangerous canid or canid-hybrid or a dangerous canid or canid-hybrid, the chief officer of the animal control authority or his or her immediate supervisor or the head of the local law enforcement agency, or his or her designee, may petition the municipal or district court within the judicial district where the canid or canid-hybrid is owned or kept for a hearing for the purpose of determining whether or not the canid or canid-hybrid in question should be declared a potentially dangerous canid or canid-hybrid or a dangerous canid or canid-hybrid. A city or county may establish an administrative hearing procedure to hear and dispose of petitions filed under this chapter. Whenever possible, any complaint received from a member of the public that serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The chief officer of the animal control authority or head of the local law enforcement agency shall notify the owner or keeper of the canid or canid-hybrid that a hearing will be held by the municipal or district court or the hearing entity, as the case may be, at which time he or she may present evidence as to why the canid or canid-hybrid should not be declared a potentially dangerous canid or canid-hybrid or a dangerous canid or canid-hybrid. The owner or keeper of the canid or canid-hybrid shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The hearing shall be held promptly within no less than fifteen working days nor more than thirty working days after service of notice upon the owner or keeper of the canid or canid-hybrid. The hearing shall be open to the public. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the canid or canid-hybrid is a potentially dangerous canid or canid-hybrid or a dangerous canid or canid-hybrid and make other orders authorized by this chapter.

NEW SECTION. Sec. 9. After the hearing conducted under section 8 of this act, the owner or keeper of the canid or canid-hybrid shall be notified in writing of the determination and orders issued, either personally or by first-class mail postage prepaid by the court of hearing entity. If a determination is made that the canid or canid-hybrid is a potentially dangerous canid or canid-hybrid or a dangerous canid or canid-hybrid, the owner or keeper shall comply with RCW 16.08.080 through 16.08.100 in accordance with a time schedule established by the chief officer of the animal control authority or the head of the local law enforcement agency, but in no case more than thirty days after the date of the determination or thirty-five days if notice of the determination is mailed to the owner or keeper of the canid or canid-hybrid.

NEW SECTION. Sec. 10. (1) If upon investigation it is determined by the animal control officer that probable cause exists to believe the canid or canid-hybrid in question poses an immediate threat to public safety, the animal control officer may seize and impound the canid or canid-hybrid pending the hearings to be held pursuant to sections 8 and 9 of this act. The owner or keeper of the canid or canid-hybrid shall be liable to the city or county where the canid or canid-hybrid is impounded for the costs and expenses of keeping the canid or canid-hybrid, if the canid or canid-hybrid is later adjudicated to be a potentially dangerous canid or canid-hybrid or dangerous canid or canid-hybrid.

(2) When a canid or canid-hybrid has been impounded pursuant to subsection (1) of this section and it is not contrary to public safety, the chief animal control officer shall permit the canid or canid-hybrid to be confined at the owner's expense in an approved kennel or veterinary facility.

NEW SECTION. Sec. 11. The state occupies and preempts the entire field of the regulation of potentially dangerous canids or canid-hybrids and dangerous canids or canid-hybrids. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to potentially dangerous canids or canid-hybrids and dangerous canids or canid-hybrids that are consistent with this chapter, and may not adopt an ordinance regulating dangerous canids or canid-hybrids or potentially dangerous canids or canid-hybrids based solely on the specific breed of canid or canid-hybrid. Such local ordinances shall have the same penalties as provided for by state law. Local laws and ordinances that are inconsistent with the requirements of state law are preempted.

Sec. 12. RCW 16.08.090 and 1987 c 94 s 3 are each amended to read as follows:

(1) It is unlawful for an owner of a dangerous ((~~dog~~)) canid or canid-hybrid to permit the ((~~dog~~)) canid or canid-hybrid to be outside the proper enclosure unless the ((~~dog~~)) canid or canid-hybrid is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the ((~~dog~~)) canid or canid-hybrid or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(2) ((Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances. Nothing in this section limits restrictions local jurisdictions may place on owners of potentially dangerous dogs.

~~(3) Dogs~~)) Canids or canid-hybrids shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the ((~~dog~~)) canid or canid-hybrid, or was tormenting, abusing, or assaulting the ((~~dog~~)) canid or canid-hybrid or has, in the past, been observed or reported to have tormented, abused, or assaulted the ((~~dog~~)) canid or canid-hybrid or was committing or attempting to commit a crime.

Sec. 13. RCW 16.10.040 and 1969 c 72 s 4 are each amended to read as follows:

(1) The county commissioners shall by ordinance promulgate ((~~the~~)) only those regulations to be enforced within ((~~a dog~~)) an animal control zone that have been authorized by the department of agriculture. These shall include provisions for the control of unlicensed ((~~dogs~~)) animals and the establishment of license fees. The county sheriff and/or other agencies designated by the ((~~county commissioners~~)) local governmental authority shall be responsible for the enforcement of the act, including the collection of license fees. Fees collected shall be transferred to the current expense fund of each county. The local governmental authority may not adopt any regulations restricting the breeding of dogs and cats within a dog control zone.

(2) The department of agriculture shall impose upon humane societies and animal control agencies holding the contract with any county for enforcement of ordinances and regulations within a dog control zone the cost to the department of agriculture of adopting and enforcing regulations necessary for the humane society or animal control agency to carry out its functions.

NEW SECTION. Sec. 14. RCW 16.08.030 and 1929 c 198 s 7 are each repealed.

NEW SECTION. Sec. 15. Sections 2 and 8 through 11 of this act are each added to chapter 16.08 RCW.