AN ACT Relating to vicious dogs; adding new sections to chapter 16.08 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 16.08 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 4 of this act.

(1) "Vicious dog" means:

(a) Any dog that when unprovoked: (i) Inflicts bites on or attacks a human being or domestic animal either on public or private property, or (ii) in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;

(b) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;

(d) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

(2) "Stray dog" means any dog not licensed according to state law or local ordinance.

(3) "Enclosure" means a fence or any method of confinement designed to adequately confine the dog in question and to prevent the entry of young children.

(4) "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.

(5) "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 licensing 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 which involve the seizure and taking into custody of any animal.

NEW SECTION. Sec. 2. A new section is added to chapter 16.08 RCW to read as follows:

(1) It is unlawful to possess, harbor, keep, or maintain a vicious dog in the state without a certificate of registration issued under this section.

(2) The animal control authority of the city or county in which a vicious dog is possessed, harbored, kept, or maintained shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of:

(a) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least fifty thousand dollars, payable to any person injured by the vicious dog; or

(b) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least fifty thousand dollars, insuring the owner for any personal injuries inflicted by the vicious dog.

(3)(a) If the vicious dog is possessed, harbored, kept, or maintained in an incorporated area that is serviced by both a city and a county animal control authority, the dog's owner shall obtain a certificate of registration from the city authority.

(b) If the vicious dog is possessed, harbored, kept, or maintained in an incorporated or unincorporated area served only by a county animal control authority, the dog's owner shall obtain a certificate of registration from the county authority.

(c) If the vicious dog is possessed, harbored, kept, or maintained in an incorporated or unincorporated area that is not served by an animal control authority, the dog owner shall obtain a certificate of registration from the office of the local sheriff.

NEW SECTION. Sec. 3. A new section is added to chapter 16.08 RCW to read as follows:

(1) Any vicious dog shall be confiscated by an animal control authority and promptly destroyed in an expeditious and humane manner if the: (a) Dog is not validly licensed under section 2 of this act; (b) owner or keeper does not secure the liability insurance coverage required under section 2 of this act; (c) dog is not maintained on property with an enclosure; or (d) dog is outside of the dwelling of the owner or keeper, or outside of an enclosure. In addition, the owner or keeper shall be guilty of a gross misdemeanor as defined in chapter 9A.20 RCW.

(2) If a vicious dog attacks or bites a person while the owner is in violation of this chapter, the dog's owner is guilty of a class C felony, as defined in chapter 9A.20 RCW.

(3) If the vicious dog of an owner with a prior conviction under this chapter attacks or bites a person, the owner shall be guilty of a class B felony, as defined in chapter 9A.20 RCW.

(4) Any person entering a dog in an illegal dog fight is guilty of a class C felony, as defined in chapter 9A.20 RCW.

(5) Subsections (1) (b), (1) (c), (1) (d), (2), and (3) of this section do not apply to police dogs performing police work, or guard dogs performing guard work on the premises of the owner, in a reasonable time, place, and manner.

NEW SECTION. Sec. 4. A new section is added tochapter 16.08 RCW to read as follows:

It is unlawful for a person possessing, harboring, keeping, or maintaining a vicious dog to permit the dog to:

(1) Be at large in any park, to enter any public beach, pond, fountain, or stream in a public park, to be upon any public playground or school ground, to be in any public building, or to be on another person's private property. This section does not prohibit a person from walking or exercising a dog in a public park or on a public beach when the dog is on leash or under control by a competent person, and proper safeguards are taken to protect the public and property from injury or damage from the dog; or

(2) Chase, run after, or jump at vehicles lawfully using the public streets, avenues, and alleys.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.