2600-S

AN ACT Relating to dangerous dogs; amending RCW 16.08.070, 16.08.080, 16.08.090, and 16.08.100; adding a new section to chapter 16.08 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that current laws to protect the public from dangerous dogs are not sufficient. The legislature intends to correct an inconsistency that requires a dog that severely injures a person be humanely destroyed, but also allows this dog to be registered as a dangerous dog. The legislature intends to protect the public by clarifying the definition and regulation of dangerous dogs and by making dogs that are identified as dangerous more conspicuous.

Sec. 2. 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 16.08.070 through 16.08.100 and section 3 of this act.

(1) (("Potentially dangerous dog" means any dog 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 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" means any dog that ((~~according to the records of the appropriate authority,~~)) has been identified by an animal control authority or a law enforcement official, whether personally witnessing the behavior of the dog or after conducting an investigation, as:

(a) ((~~has inflicted severe injury on~~)) Having demonstrated a clear danger by chasing or approaching a person on public property in a menacing fashion; or

(b) Having bitten a human being without provocation or reason on public or private property((,)); or

((~~(b) has~~)) (c) Having 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 again aggressively bites, attacks, or endangers the safety of humans or domestic animals)).

((~~(3)~~)) (2) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

((~~(4)~~)) (3) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog ((~~shall be~~)) is 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~~)) The pen or structure ((~~shall~~)) must have secure sides and a secure top, and ((~~shall also~~)) provide protection from the elements for the dog.

((~~(5)~~)) (4) "Animal control authority" means a local government or 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)~~)) (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 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)~~)) (6) "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. 3. A new section is added to chapter 16.08 RCW to read as follows:

The animal control authority may:

(1) Warn a dog owner that his or her dog, while not presently defined as a dangerous dog under this chapter, may be a threat to the public and should be restrained or confined at all times;

(2) Declare a dog to be a dangerous dog and require that the owner register the dog as required under this chapter; or

(3) Declare a dog to be a dangerous dog and confiscate the dog.

When the animal control authority captures or confiscates a dangerous dog, the owner must be given ten working days to comply with RCW 16.08.080 after being notified by the animal control authority; if the owner is unknown or does not meet the requirements within ten days, and the determination that the dog is a dangerous dog is not appealed, the dog may be destroyed in an expeditious and humane manner. The animal control authority must provide for any quarantine requirements that may apply before destroying the dog or taking other action.

Sec. 4. RCW 16.08.080 and 1989 c 26 s 3 are each amended to read as follows:

(1) It is unlawful for an owner to have a dangerous dog in the state without a certificate of registration issued under this section. This section and section 3 of this act, RCW 16.08.090, and 16.08.100 ((~~shall~~)) do not apply to police dogs as defined in RCW 4.24.410.

(2) The animal control authority of the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the owner of ((~~such~~)) the animal if the owner presents to the animal control unit sufficient evidence of:

(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner ((~~shall~~)) must conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;

(b) 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~~)) dangerous dog; or

(c) 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~~)) liabilities for injuries inflicted by the dangerous dog.

(3)(a) If an owner has the dangerous dog in an incorporated area that is serviced by both a city and a county animal control authority, the owner ((~~shall~~)) must obtain a certificate of registration from the city authority((;)).

(b) If an owner has the dangerous dog in an incorporated or unincorporated area served only by a county animal control authority, the owner ((~~shall~~)) must obtain a certificate of registration from the county authority((;)).

(c) If an owner has the dangerous dog in an incorporated or unincorporated area that is not served by an animal control authority, the owner ((~~shall~~)) must obtain a certificate of registration from the office of the local sheriff.

(4) Cities and counties may charge an annual fee, in addition to regular dog licensing fees, to register dangerous dogs, and to cover the cost, if any, of the identification required under subsection (5) of this section.

(5) Dangerous dogs registered under this section may be required to wear an identifying tag or other marking or identification as prescribed by the local animal control authority to ensure that they are easily identifiable from a distance.

Sec. 5. 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 to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle ((~~shall~~)) must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but ((~~shall~~)) must 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~~)) RCW 16.08.070 through 16.08.100 and section 3 of this act:

(a) Limit((s)) restrictions local jurisdictions may place on dangerous dogs or owners of ((~~potentially~~)) dangerous dogs that are stricter than these state requirements; or

(b) Limit restrictions that local governments may place on dogs or owners of dogs not covered by this chapter.

(3) Dogs 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, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

Sec. 6. RCW 16.08.100 and 1987 c 94 s 4 are each amended to read as follows:

(1) Any dangerous dog ((~~shall~~)) must be immediately confiscated by an animal control authority if the: (a) Dog is not validly registered under RCW 16.08.080; (b) owner does not ((~~secure~~)) maintain the liability insurance coverage required under RCW 16.08.080; (c) dog is not maintained in the proper enclosure; (d) dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person; or (e) dog is not wearing the tag required under RCW 16.08.080(5). In addition, the owner ((~~shall be~~)) is guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.

(2) If a dangerous dog ((~~of an owner with a prior conviction under this chapter~~)) that is registered or should be registered under RCW 16.08.080 attacks or bites a person or another domestic animal, the dog's owner is guilty of a class C felony, punishable in accordance with RCW 9A.20.021. In addition, the dangerous dog ((~~shall~~)) must be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

(3) The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared ((~~potentially dangerous or~~)) dangerous, ((~~shall be~~)) is guilty of a class C felony punishable in accordance with RCW 9A.20.021. In addition, the dog ((~~shall~~)) must be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

(4) Any person entering a dog in a dog fight is guilty of a class C felony punishable in accordance with RCW 9A.20.021.