SENATE BILL REPORT

 

 

                                    SB 5236

 

 

BYSenators Metcalf and Rasmussen

 

 

Facilitating the retrieval of dogs.

 

 

Senate Committee on Environment & Natural Resources

 

      Senate Hearing Date(s):January 23, 1989

 

      Senate Staff:Vic Moon (786-7469)

 

 

                            AS OF JANUARY 19, 1989

 

BACKGROUND:

 

Several incidents have occurred involving hunting dogs on private property.  Dogs used for hunting sometimes stray onto private property which is not open for public hunting.  Dogs have been impounded by angered property owners and the dogs' owners have not been able to retrieve the hunting dogs.

 

SUMMARY:

 

The Legislature finds that there are hunters in the state who hunt with hounds and that the majority of the hunters are courteous and obey the laws of the state with regards to the rights of private property owners.  The Legislature finds that without cooperation of private property owners the state's hunting access, success and enjoyment would be greatly curtailed.  The Legislature recognizes that private property owners are within their rights when they choose not to grant access to their property for hunting purposes.  However, dogs that inadvertently go on private property should be able to be retrieved safely and quickly by hunters.

 

The owner or keeper of any dog that strays onto private property, having made reasonable attempts to keep the dog on land that the hunter is legally hunting on, may enter private property after receiving oral permission from the owner or person in possession of the land to retrieve dogs.  The hunter shall retrieve as quickly as possible and may not engage in any hunting activity while retrieving the dogs.  Permission may be denied by the owner or person in possession of the land only in circumstances that a reasonable person would find indicates that the hunter has not made a good faith and reasonable effort to keep the dog off of the private property.  The person who violates any provision of this section of law will be guilty of a gross misdemeanor.

 

Appropriation:    none

 

Revenue:    none

 

Fiscal Note:      requested January 17, 1989