S-1661.1 _______________________________________________
SENATE BILL 5933
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senator Swecker
Read first time 02/20/97. Referred to Committee on Agriculture & Environment.
AN ACT Relating to dangerous dogs; and amending RCW 16.08.070, 16.08.080, 16.08.090, and 16.08.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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.
(1)
"((Potentially)) Dangerous dog" means any dog that according
to the records of the local sheriff's office when unprovoked: (a) ((Inflicts))
Has inflicted bites on a human or a domestic animal either on public or
private property, or (b) ((chases)) has chased or ((approaches))
approached in a menacing fashion or apparent attitude of attack a person
((upon)) who is on 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, (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 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)))
(2) "Proper enclosure ((of a dangerous dog))" means,
while on the owner's property, a dangerous dog shall be (a) securely
confined indoors, (b) in a securely enclosed fence that is at least five
feet high and is equipped with a self-closing and self-latching gate designed
to prevent the animal from escaping, or (c) 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.
(((5)))
(3) "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)))
(4) "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)))
(5) "Owner" means any person, firm, corporation, organization,
or department possessing, harboring, keeping, having an interest in, or having
control or custody of an animal.
Sec. 2. 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 RCW 16.08.090 and 16.08.100 shall not apply to police dogs as defined in RCW 4.24.410.
(2)
The ((animal control authority of the city or)) office of the county
sheriff in the county in which an owner has a dangerous dog shall issue a
certificate of registration to the owner of such animal if the owner presents
to the ((animal control unit)) sheriff's office 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 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)) office of the
county sheriff in the sum of at least fifty thousand dollars, payable to
any person injured by the vicious 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 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 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 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 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.
Sec. 3. 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 be made in a manner that will not cause injury to the dog 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 shall not be declared dangerous if the
threat, injury, or damage was sustained by a person who, at the time, was
committing a wilful 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. 4. RCW 16.08.100 and 1987 c 94 s 4 are each amended to read as follows:
(1) Any dangerous dog shall be immediately confiscated by the office of the county sheriff or an animal control authority if the: (a) Dog is not validly registered under RCW 16.08.080; (b) owner does not secure 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. In addition, the owner shall be 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 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 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 guilty of a class C
felony punishable in accordance with RCW 9A.20.021. In addition, the dog shall
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.
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