BILL REQ. #:  S-1728.2 

READ FIRST TIME 02/21/11.   

     AN ACT Relating to the humane treatment of dogs; adding new sections to chapter 16.52 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 16.52 RCW to read as follows:
     (1)(a) An owner may be charged with unlawful tethering if the owner leaves a dog restrained or tied outside by use of a tether, chain, rope, cord, pulley, trolley system, or other device under any of the following circumstances:
     (i) For more than ten consecutive hours within any twenty-four hour period;
     (ii) In a manner that prevents the dog from lying, sitting, standing comfortably and without the restraint becoming taut;
     (iii) In a manner that results, or could reasonably result, in the dog becoming entangled on the restraint or another object;
     (iv) In a manner that does not allow the dog to have access to necessary manmade or natural shelter;
     (v) In a manner that causes injury to the dog;
     (vi) On the same chain, tether, rope, cord, pulley, trolley system, or fixed point as another animal;
     (vii) If the dog is sick, injured, in the advanced stages of pregnancy, or under six months of age; or
     (viii) In a manner that allows the dog to be within ten feet of any active public right-of-way.
     (b) All devices used to tie or restrain the dog must meet the following specifications:
     (i) Any tether, fastener, chain, tie, or other restraint must be attached to a properly fitted buckle-type harness or collar, not less than one inch in width, that provides enough room between the collar or harness and the dog's throat to allow normal breathing and swallowing.
     (ii) Choke, pinch, or prong-type collars may not be used in tethering, fastening, chaining, or tying a dog.
     (2) The provisions of this section do not apply to a dog:
     (a) Tethered, chained, tied, or otherwise restrained or placed in a pen or enclosure by a licensed veterinarian while the dog is receiving veterinary care or treatment, except as provided in subsection (1)(b)(i) and (ii) of this section;
     (b) That is an arctic breed that is used for sled dog activities;
     (c) Participating temporarily in an exhibition, show, contest, or other event in which the skill, breeding, or stamina of the dog is judged or examined;
     (d) Being kept temporarily in a boarding kennel or facility or at a camping or recreation area;
     (e) Being cared for temporarily after having been picked up as a stray or as part of a rescue operation; or
     (f) Being trained or used by a federal, state, or local law enforcement agency or military or national guard unit.
     (3) Each violation of this section is a separate offense. A person who violates this section is subject to the following penalties:
     (a) For a first violation, the owner must be given a written notice of warning, which specifies the applicable subsection of this section that has been violated.
     (i) The notice must give the owner fourteen days to remedy the violation.
     (ii) Whenever possible, the owner must also be provided with educational information about the dangers of tethering, as well as information about humane and safe restraint methods, and referrals to organizations able to offer assistance with establishing humane and safe restraint methods. Pamphlets or other information prepared by local or national nonprofit organizations may be used for this purpose.
     (b) A second violation, or a failure to remedy the conditions noted in a written notice of warning within fourteen days, is a class 2 civil infraction under RCW 7.80.120(1)(b).
     (c) Third and subsequent violations are misdemeanors under RCW 16.52.165.
     (4) This section does not preempt ordinances enacted by local jurisdictions that establish greater civil penalties or criminal penalties for unlawful tethering.

NEW SECTION.  Sec. 2   A new section is added to chapter 16.52 RCW to read as follows:
     (1) An exemption to the proscriptions in section 1(1) of this act may be granted at the discretion of the animal control authority in each jurisdiction, either before or after a written notice of warning has been issued, upon an owner's showing of the following circumstances:
     (a) The existence of unusual circumstances that make the tethering of a dog necessary for a duration, or during a time period, otherwise prohibited by section 1 of this act;
     (b) That the dog is not tethered for more than sixteen hours in any twenty-four hour period and that the dog receives adequate exercise and socialization while not tethered; and
     (c) That adequate precautions have been taken to safeguard the health and safety of the dog and prevent the dog from being a nuisance or danger to the public.
     (2) An exemption issued under this section may be revoked at any time by the animal control authority under the following circumstances:
     (a) The animal control authority determines in its discretion that the conditions required to obtain the exemption no longer exist; or
     (b) A well-founded complaint has been made alleging that the dog is abused or neglected, has created a public nuisance, or poses a threat to the safety of humans.