S-390                 _______________________________________________

                                                   SENATE BILL NO. 5236

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Metcalf and Rasmussen

Read first time 1/18/89 and referred to Committee on Environment & Natural Resources.

AN ACT Relating to trespass of dogs; 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 there are numerous hunters in the state who hunt with hounds and that the overwhelming majority of these hunters are courteous people who, with their dogs, obey the laws of this state regarding the rights of private property owners.  The legislature also finds that without the cooperation of private property owners in this state that hunting access, success, and enjoyment would be greatly curtailed.  The legislature recognizes that the private property owners are completely within their rights when they choose to not grant access to their property for hunting purposes.  However, recently in this state serious and explosive situations have occurred where well-meaning, law-abiding hunters have been denied access to private property to retrieve their dogs, dogs that have inadvertently and reasonably strayed onto the private property.  The legislature intends to remedy this situation by enacting a law designed to give the benefit of the doubt to private property owners, yet allow the hunter to quickly and safely retrieve his or her dog.

NEW SECTION. Sec. 2.  A new section is added to chapter 16.08 RCW to read as follows:

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