AN
ACT Relating to a notice and appeal process for animal control authorities;
amending RCW 16.08.070, 16.08.080, and 16.08.100; and prescribing penalties.
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 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,)) (a) ((has inflicted)) inflicts
severe injury on a human being without provocation on public or private
property, (b) ((has killed)) kills a domestic animal without
provocation while the dog is off the owner's property, or (c) has been
previously found to be potentially dangerous because of injury inflicted on
a human, 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)
"Proper enclosure of a dangerous dog" means, while on the owner's
property, a dangerous dog 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.
(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.
Sec.
2. RCW
16.08.080 and 1989 c 26 s 3 are each amended to read as follows:
(1)
Any city or county that has a notification and appeal procedure with regard
to determining a dog within its jurisdiction to be dangerous may continue to
utilize or amend its procedure. A city or county animal control authority that
does not have a notification and appeal procedure in place as of the effective
date of this act, and seeks to declare a dog within its jurisdiction, as
defined in subsection (7) of this section, to be dangerous must serve notice
upon the dog owner in person or by regular and certified mail, return receipt
requested.
(2)
The notice must state: The statutory basis for the proposed action; the
reasons the authority considers the animal dangerous; a statement that the dog
is subject to registration and controls required by this chapter, including a
recitation of the controls in subsection (6) of this section; and an
explanation of the owner's rights and of the proper procedure for appealing a
decision finding the dog dangerous.
(3)
Prior to the authority issuing its final determination, the authority shall
notify the owner in writing that he or she is entitled to an opportunity to
meet with the authority, at which meeting the owner may give, orally or in
writing, any reasons or information as to why the dog should not be declared
dangerous. The notice shall state the date, time, and location of the meeting,
which must occur prior to expiration of fifteen calendar days following
delivery of the notice. The owner may propose an alternative meeting date and
time, but such meeting must occur within the fifteen-day time period set forth
in this section. After such meeting, the authority must issue its final
determination, in the form of a written order, within fifteen calendar days.
In the event the authority declares a dog to be dangerous, the order shall
include a recital of the authority for the action, a brief concise statement of
the facts that support the determination, and the signature of the person who
made the determination. The order shall be sent by regular and certified mail,
return receipt requested, or delivered in person to the owner at the owner's
last address known to the authority.
(4)
If the local jurisdiction has provided for an administrative appeal of the
final determination, the owner must follow the appeal procedure set forth by
that jurisdiction. If the local jurisdiction has not provided for an
administrative appeal, the owner may appeal a municipal authority's final
determination that the dog is dangerous to the municipal court, and may appeal
a county animal control authority's or county sheriff's final determination
that the dog is dangerous to the district court. The owner must make such
appeal within twenty days of receiving the final determination. While the
appeal is pending, the authority may order that the dog be confined or
controlled in compliance with RCW 16.08.090. If the dog is determined to be
dangerous, the owner must pay all costs of confinement and control.
(5)
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)))
(6) Unless a city or county has a more restrictive code requirement, 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
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 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 two
hundred 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 two hundred
fifty thousand dollars, insuring the owner for any personal injuries inflicted
by the dangerous dog.
(((3)))
(7)(a)(i) 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)))
(ii) 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)))
(iii) 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)))
(b) This subsection does not apply if a city or county does not allow
dangerous dogs within its jurisdiction.
(8)
Cities and counties may charge an annual fee, in addition to regular dog licensing
fees, to register dangerous dogs.
(9)
Nothing in this section limits a local authority in placing additional
restrictions upon owners of dangerous dogs. This section does not require a
local authority to allow a dangerous dog within its jurisdiction.
Sec.
3. 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 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; or (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. The owner must pay
the costs of confinement and control. The animal control authority must serve
notice upon the dog owner in person or by regular and certified mail, return
receipt requested, specifying the reason for the confiscation of the dangerous dog,
that the owner is responsible for payment of the costs of confinement and
control, and that the dog will be destroyed in an expeditious and humane manner
if the deficiencies for which the dog was confiscated are not corrected within
twenty days. The animal control authority shall destroy the confiscated
dangerous dog in an expeditious and humane manner if any deficiencies required
by this subsection are not corrected within twenty days of notification.
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. It is an
affirmative defense that the defendant must prove by a preponderance of the
evidence that he or she was in compliance with the requirements for ownership
of a dangerous dog pursuant to this chapter and the person or domestic animal
attacked or bitten by the defendant's dog trespassed on the defendant's real or
personal property or provoked the defendant's dog without justification or
excuse. 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, upon conviction, be guilty of
a class C felony punishable in accordance with RCW 9A.20.021. It is an
affirmative defense that the defendant must prove by a preponderance of the
evidence that the human severely injured or killed by the defendant's dog: (a)
Trespassed on the defendant's real or personal property which was enclosed by
fencing suitable to prevent the entry of young children and designed to prevent
the dog from escaping and marked with clearly visible signs warning people,
including children, not to trespass and to beware of dog; or (b) provoked the
defendant's dog without justification or excuse on the defendant's real or
personal property which was enclosed by fencing suitable to prevent the entry
of young children and designed to prevent the dog from escaping and marked with
clearly visible signs warning people, including children, not to trespass and
to beware of dog. In such a prosecution, the state has the burden of showing
that the owner of the dog either knew or should have known that the dog was
potentially dangerous as defined in this chapter. The state may not meet its
burden of proof that the owner should have known the dog was potentially
dangerous solely by showing the dog to be a particular breed or breeds. In
addition, the dog shall be immediately confiscated by an animal control
authority, ((placed in quarantine for the proper length of time)) quarantined,
and ((thereafter)) upon conviction of the owner 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.
