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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 3024

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State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Agriculture (originally sponsored by Senator Barr)

Read first time 3/1/85.

AN ACT Relating to animals, estrays, brands, and fences; amending RCW 16.08.010, 16.13.010, 16.13.020, 16.13.070, 16.20.020, 16.20.030, 16.24.010, 16.24.065, 16.28.165, 16.60.010, 16.60.011, 16.60.062, 16.04.025, 16.04.050, and 16.60.015; adding new sections to chapter 16.60 RCW; creating a new section; repealing RCW 16.60.060; and prescribing penalties.

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

        Sec. 1.  Section 5, chapter 198, Laws of 1929 and RCW 16.08.010 are each amended to read as follows:

          The owner or keeper of any dog shall be liable to the owner of any animal killed or injured by such dog for the amount of damages sustained and costs of collection, to be recovered in a civil action((:  PROVIDED, That in case the owner or keeper of such dog or dogs is unknown or the damages can not be collected, the person suffering damages may present a claim for such damages to a justice of the peace of the county in which he resides within not more than forty days after any such animal or animals are killed or injured and make affidavit, stating the number of such animals killed or injured, the amount of the damages and the name of the owner of the dog or dogs, if known.  The damages shall be proven by not less than two witnesses who shall be freeholders of the county.  Justices of the peace are hereby required to administer oaths in such cases and shall issue and file with the county treasurer a certificate stating the amount of damages sustained.  Such damages allowed in no event shall exceed the following amounts:

UNREGISTERED ANIMALS OR UNACCREDITED POULTRY.

@h0!tp9,9,9,7,6,2!tj5!trPer!sc ,001Head

@h1 @i6For sheep or goats killed or injured!w× !tj3!tl$!tr12.50

For cattle killed or injured!w× !tj3!tl!ss1!tr50.00

For horses or mules killed or injured!w× !tj3!tl!ss1!tr75.00

For turkeys killed or injured!w× !tj3!tl!ss1!tr4.00

For other poultry killed or injured!w× !tj3!tl!ss1!tr1.50

For swine killed or injured!w× !tj3!tl!ss1!tr12.50

For rabbits killed or injured!w× !tj3!tl!ss1!tr1.50@h3

REGISTERED ANIMALS OR ACCREDITED POULTRY.

@h0!tp9,9,9,7,6,2!tj5!trPer!sc ,001Head

@h1 @i6For sheep or goats killed or injured!w× !tj3!tl$!tr25.00

For cattle killed or injured!w× !tj3!tl!ss1!tr100.00

For horses or mules killed or injured!w× !tj3!tl!ss1!tr150.00

For turkeys killed or injured!w× !tj3!tl!ss1!tr8.00

For other poultry killed or injured!w× !tj3!tl!ss1!tr3.00

For swine killed or injured!w× !tj3!tl!ss1!tr25.00

For rabbits killed or injured!w× !tj3!tl!ss1!tr3.00

@h3!te

          Upon the filing with the county treasurer of the certificate of the justice of the peace fixing the damages as above provided, the treasurer shall pay to the claimant out of the county dog license tax fund the amount of damages sustained as certified by the justice of the peace)).

        Sec. 2.  Section 1, chapter 31, Laws of 1951 as amended by section 13, chapter 7, Laws of 1975 1st ex. sess. and RCW 16.13.010 are each amended to read as follows:

          It shall be unlawful for the owner of any horses, mules, donkeys, or cattle of any age to permit such animals to run at large and not under the care of a herder((:  PROVIDED, That)) in any territory which has been designated as a stock restricted area under chapter 16.24 RCW.  Such animals may only run at large upon lands belonging to the state or to the United States when the owner thereof has in writing been granted grazing privileges((, and has filed a copy of such permit or certificate with the director of agriculture:  PROVIDED FURTHER, That)).  Cattle of any age may run at large in a range area as provided in chapter 16.24 RCW without a herder except upon any land which has been enclosed by a lawful fence as set forth in chapter 16.60 RCW.

        Sec. 3.  Section 2, chapter 31, Laws of 1951 as last amended by section 6, chapter 154, Laws of 1979 and RCW 16.13.020 are each amended to read as follows:

          Any horses, mules, donkeys, or cattle of any age running at large or trespassing in violation of RCW 16.13.010 as now or hereafter amended are declared to be a public nuisance, and shall be impounded by the sheriff of the county where found((:  PROVIDED, That)).  The nearest brand inspector shall also have authority to impound class I estrays as defined in RCW 16.13.025.

        Sec. 4.  Section 7, chapter 31, Laws of 1951 and RCW 16.13.070 are each amended to read as follows:

          ((Sales of animals impounded under this chapter shall be governed by the provisions of Title 20 RCW.))  The proceeds of the sale of animals impounded under this chapter, after deducting the costs of sale, shall be impounded in the estray fund of the department of agriculture, and if no valid claim is made within one year from the date of sale, the director of the department of agriculture shall transfer the proceeds of sale to the brand fund of the department to be used for the enforcement of this chapter.

        Sec. 5.  Section 1, chapter 111, Laws of 1917 and RCW 16.20.020 are each amended to read as follows:

          It shall be unlawful for any person, firm, association or corporation to turn upon or allow to run ((upon the open range)) at large on any range area in this state any bull other than a registered ((purebred)) bull of a recognized beef breed.

        Sec. 6.  Section 2, chapter 111, Laws of 1917 and RCW 16.20.030 are each amended to read as follows:

          ((That)) Before any person, firm, association or corporation ((shall)) turns upon the open range in this state any female breeding cattle of breeding age more than fifteen in number, ((two years old or over,)) they shall procure and turn with said female breeding cattle one registered ((purebred)) bull of recognized beef breed for every forty females or fraction thereof of twenty-five or over((:  PROVIDED, HOWEVER, That RCW 16.20.020 through 16.20.040 shall not apply to counties lying west of the summit of the Cascade mountains)).  All persons running cattle in common on any range area may, however, agree to any other proportion of bulls to female cattle of breeding age as they may deem appropriate for their area.

NEW SECTION. Sec. 7.     RCW 16.20.020 and 16.20.030 shall not apply to counties lying west of the summit of the Cascade mountains.

        Sec. 8.  Section 1, chapter 25, Laws of 1911 as amended by section 1, chapter 40, Laws of 1937 and RCW 16.24.010 are each amended to read as follows:

          The board of county commissioners of any county of this state shall have the power to designate by an order made and published, as provided in RCW 16.24.030, certain territory as stock restricted area within such county in which it shall be unlawful to permit livestock of any kind to run at large((:  PROVIDED, That)) and shall require that the cost of any new fencing which may become necessary to prevent livestock located in a range area from running at large in such newly designated  stock restricted area be shared equally by the affected adjoining landowners.  No territory so designated shall be less than two square miles in area((:  AND PROVIDED FURTHER, That RCW 16.24.010 through 16.24.065 shall not affect counties having adopted township organization)).  All territory not ((so)) designated as stock restricted shall be range area, in which it shall be lawful to permit livestock to run at large.

Nothing in this section affects fencing agreements entered into between two or more parties before the effective date of this 1985 act.

        Sec. 9.  Section 6, chapter 40, Laws of 1937 and RCW 16.24.065 are each amended to read as follows:

          No person owning or in control of any livestock shall wilfully or negligently allow such livestock to run at large in any stock restricted area, nor shall any person owning or in control of any livestock allow such livestock to wander or stray upon the right-of-way of any public highway of two or more lanes lying within a stock restricted area when not in the charge of some person.

        Sec. 10.  Section 1, chapter 12, Laws of 1891 and RCW 16.28.165 are each amended to read as follows:

          ((That)) No person shall ((be permitted to lead, drive, or in any manner)) remove any ((horse, mare, colt, jack, jenny, mule, or any head of neat cattle, or hog, sheep, goat, or any number of these animals, the same being the property of another person,)) livestock belonging to another from the range on which they are permitted to run ((in common)) at large, without the prior consent of the owner thereof ((first had and obtained:  PROVIDED,)).  The owner of any ((such animals, as aforesaid, finding the same running on the herd grounds or on common range with other animals of the same, may be permitted to drive)) livestock may move his or her own ((animal or animals)) livestock, together with such other ((animals as he cannot conveniently separate)) livestock as cannot be separated from his or her own, to the nearest ((and most convenient)) corral, or other ((place for separating his own from other animals, if he in such case, immediately with all convenient speed, drive all such animals not belonging to  himself back to the herd ground or range from which he brought such animals)) facility in order to separate his or her own livestock, if the other livestock are returned to the same location from which they were moved within twenty-four hours.

        Sec. 11.  Section 1, page 323, Laws of 1869 as last amended by section 2488, Code of 1881 and RCW 16.60.010 are each amended to read as follows:

          ((The following shall be considered lawful fences in this state:  Post and rail or plank fences, five feet high, made of sound posts five inches in diameter, set substantially in the ground, not more than ten feet apart, with four planks not less than one inch thick and six inches wide, securely fastened by nails or otherwise, said planks not more than nine inches apart.  Posts and rail fences, with posts not more than ten feet apart and rails not less than four inches wide (five of them) made in all other respects the same as the first described in this section.  Worm fences made in the usual way, of sound, substantial rails or poles, five feet high, including riders with stakes firmly set in the ground and spaces no greater than in post and plank or rail fences, except the two lower spaces which shall not be more than four inches, and the top spaces between riders, not to be more than sixteen inches.  Ditch and pole, or board or rail fence, shall be made of a ditch not less than four feet wide on top and three feet deep, embankment thrown up on the inside of the ditch, with substantial posts set in the embankment not more than ten feet apart, and a plank, pole, or rail securely fastened to said posts, at least seven feet high from the bottom of the ditch.)) A lawful fence shall be of at least four barbed, horizontal, well-stretched wires, spaced so that the top wire is forty-eight inches, plus or minus four inches, above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches.  These wires shall be securely fastened to substantial posts set firmly in the ground as nearly equidistant as possible, but not more than twenty-four feet apart.  If the posts are set more than sixteen feet apart, the wires shall be supported by stays placed no more than eight feet from each other or from the posts.

        Sec. 12.  Section 2, page 324, Laws of 1869 as last amended by section 2489, Code of 1881 and RCW 16.60.011 are each amended to read as follows:

          All other fences as strong and as well calculated ((to protect inclosures as either of those)) as the fence described in RCW 16.60.010 shall be lawful fences.

        Sec. 13.  Section 10, page 326, Laws of 1869 as last amended by section 2497, Code of 1881 and RCW 16.60.062 are each amended to read as follows:

          In assessing the value of any partition fence, ((the parties shall proceed as provided for the assessment of damages in RCW 16.60.020)) if the parties cannot agree to the amount of reimbursement, the person seeking reimbursement may have the fence's value appraised by three reliable disinterested and practical farmers.  If reimbursement is not received within two weeks after written request is provided by the person seeking reimbursement, he or she may recover the value thereof from the delinquent person before any court of competent jurisdiction, together with costs and disbursements and reasonable attorney fees, at trial and on appeal, to be adjudged by the court.

NEW SECTION. Sec. 14.  A new section is added to chapter 16.60 RCW to read as follows:

          If any person neglects to repair or rebuild such partition fence as is mentioned in RCW 16.60.020, or the portion thereof which he or she is required to maintain, the aggrieved person may so signify in writing to the delinquent person and direct the latter to repair or rebuild it within a reasonable time.  If a partition fence is not repaired or rebuilt according to RCW 16.60.020 and this section, the complainant may repair or rebuild the fence and recover the value thereof from the delinquent person before any court of competent jurisdiction, together with costs and disbursements and reasonable attorney fees at trial and on appeal, to be adjudged by the court.

NEW SECTION. Sec. 15.  A new section is added to chapter 16.60 RCW to read as follows:

          It shall be unlawful for any person to wilfully break down or cause to be broken down any fence or gate or to leave open any gate in such fence.  This section shall not apply to the owner or occupant unless such owner or occupant causes such fence or gate to be broken down or left open with malicious intent.  Any violation of this section shall be punishable as a misdemeanor.

        Sec. 16.  Section 3, chapter 31, Laws of 1893 as amended by section 2, chapter 56, Laws of 1925 ex. sess. and RCW 16.04.025 are each amended to read as follows:

          If the owner or the person having in charge or possession such animals is unknown to the person sustaining the damage, ((the notice provided in RCW 16.04.020 shall be given by posting three notices, in three public places in the neighborhood where the animals are restrained)) the person retaining such animals shall, within twenty-four hours, notify the county sheriff or the nearest state brand inspector as to the number, description, and location of the animals.  The county sheriff or brand inspector shall examine the animals by brand, tattoo, or other identifying characteristics and attempt to ascertain ownership.  If the animal is marked with a brand or tattoo which is registered with the director of agriculture, the brand inspector or county sheriff shall furnish this information and other pertinent information to the person holding the animals who in turn shall send the notice required in RCW 16.04.020 to the animals' owner of record by certified mail.

If the county sheriff or the brand inspector determines that there is no apparent damage to the property of the person retaining the animals, or if the person sustaining the damage contacts the county sheriff or brand inspector to have the animals removed from his or her property, such animals shall be removed in accordance with chapter 16.13 RCW.  Such removal shall not prejudice the property owner's ability to recover damages through civil suit.

        Sec. 17.  Section 7, chapter 31, Laws of 1893 and RCW 16.04.050 are each amended to read as follows:

          If the owner or keeper of such offending animals is unknown to plaintiff at the commencement of the action, or if on the trial it appears that the defendant is not the proper party, defendant, and the proper party is unknown, service of the summons or notice shall be made by publication, by publishing a copy of the summons or notice, with a notice attached, stating the object of the action and giving a description of the animals seized, at least once a week for two consecutive weeks in a ((weekly)) newspaper ((published nearest to the residence of)) of general circulation in the county in which the plaintiff((, if there be one published in the county; and if not, by posting said summons or notice with said notice attached in three public places in the county, in either case)) resides.  The most recent notice shall be published not less than ten days previous to the day of trial.

        Sec. 18.  Section 3, page 324, Laws of 1869 as last amended by section 2490, Code of 1881 and RCW 16.60.015 are each amended to read as follows:

          Any person making and maintaining in good repair around his or her enclosure or enclosures, any fence such as is described in RCW 16.60.010 and 16.60.011, may recover in a suit for trespass before the nearest court having competent jurisdiction, from the owner or owners of any animal or animals which shall break through such fence, in full for all damages sustained on account of such trespass, together with the costs of suits; and the animal or animals, so trespassing, may be taken and held as security for the payment of such damages and costs:  PROVIDED, That such person shall provide notice as required under RCW 16.04.020 and 16.04.025:  PROVIDED FURTHER, That such person shall have such fences examined and the damages assessed by three reliable, disinterested parties and practical farmers, within five days next after the trespass has been committed:  AND, PROVIDED FURTHER, That if, before trial, the owner of such trespassing animal or animals, shall have tendered the person injured any costs which may have accrued, and also the amount in lieu of damages which shall equal or exceed the amount of damages afterwards awarded by the court or jury, and the person injured shall refuse the same and cause the trial to proceed, such person shall pay all costs and receive only the damages awarded.

NEW SECTION. Sec. 19.  Section 9, page 325, Laws of 1869, section 9, page 65, Laws of 1871, section 9, page 449, Laws of 1873, section 2496, Code of 1881 and RCW 16.60.060 are each repealed.