HOUSE BILL ANALYSIS
SSB 5027
Title: An act relating to dangerous dogs.
Brief Description: Providing for control of dangerous dogs.
Sponsors:
Senate Committee on Judiciary (originally sponsored by Senators Goings and
Swecker).
HOUSE
COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
Staff:
Dianne Ramerman (786-7172).
Background:
In 1987, the Legislature enacted a number of
statutes dealing with dog ownership. The statutes define Adangerous@ and Apotentially dangerous@ dogs, set
forth requirements regarding ownership of dangerous dogs, and establish
criminal liability under some circumstances.
ADangerous@ and APotentially Dangerous:@
A Adangerous dog@ is defined as a dog that, according to the
records of the appropriate authority has inflicted severe injury on
a person without provocation; has killed a domestic animal while off the
owner=s property without provocation; or 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 a person or a domestic animal.
A Apotentially dangerous dog@ is defined as a dog that, when unprovoked, bites a person or domestic
animal, chases or approaches a person in a menacing fashion or in an apparent
attitude of attack; or any dog with a known propensity to attack unprovoked, to
cause injury, or to threaten the safety of people or domestic animals.
Notice and Appeal:
The statutes do not specify either a notice or an
appeal process for determining if a dog is Adangerous.@
Certificates of Registration:
The
owner of a Adangerous dog@ must obtain a certificate of registration from the
appropriate city or county regulating animal control authority. To obtain a
certificate, the owner must demonstrate that he or she has the following: (1)
a proper enclosure to confine the dog, (2) a clearly visible posted sign
warning of the presence of the dangerous dog; (3) a conspicuously displayed
sign with a warning symbol to inform children of the dog; and (4) either
a surety bond or liability insurance in the amount of $50,000 to
compensate anyone injured by the dog.
Penalties
for Dog Owners:
If
a dog is not validly registered, if the owner does not secure the liability
insurance coverage required, if a dog is not maintained in the proper
enclosure, if a dog is outside the enclosure of the owner=s home and not under the physical restraint of a responsible person,
the owner of the dangerous dog is guilty of a gross misdemeanor; and the
dangerous dog is immediately confiscated by an animal control authority.
If
a dangerous dog of an owner with a prior conviction under this statute, attacks
or bites a person or domestic animal, the dog=s owner is
guilty of a class C felony; and the dog is immediately confiscated by an
animal control authority, placed in quarantine for a certain period, and then
humanely destroyed.
If
a dog aggressively attacks and causes the severe injury or death of a person, whether
the dog has previously been declared potentially dangerous or dangerous, the
dog=s owner is guilty of a class C felony; and
the dog is immediately confiscated by an animal control authority, placed in
quarantine for a certain period, and then humanely destroyed.
Summary:
ADangerous@ and APotentially Dangerous:@
Irrespective
of whether the records show that a dog has inflicted injury or killed a
domestic animal, a dog is defined
as Adangerous@ if it inflicts severe injury on a human
being without provocation; or if it kills a domestic animal without
provocation while off the owner=s property. A dog is also Adangerous@ if it has been previously found to be potentially
dangerous because of injury inflicted on a human, rather than a domestic
animal.
Notice
and Appeal:
A
notice and appeal process for declaring a dog Adangerous@ is created. To declare a dog dangerous, a city or county animal control
authority must serve notice upon the dog owner. The notice must
include: (1) the statutory basis for the proposed action; (2) the reasons the
authority considers the animal dangerous; (3) a statement that the dog is
subject to registration and controls; and (4) an explanation of the
owner=s rights and an explanation of the proper procedure
for appealing a decision finding dog dangerous.
The
animal control authority must make a final determination within 30 days
of the date of delivering or mailing notice. Before the final determination,
the owner of the dog can request to meet with the authority, and at that time
the owner can present reasons why the dog should not be declared dangerous.
The meeting must be scheduled within the 20-day period following service
of the notice. The final determination must be in the form of a written order
that includes the statutory basis for the action, a brief statement of
supporting facts, and the signature of the person making the determination.
The
dog owner has 20 days after receiving the final determination to make an
administrative appeal. The owner may appeal a municipal animal control
authority=s final determination to the municipal court, and
may appeal a county animal control authority=s or county
sheriff=s final determination to the district court. While
the appeal is pending, the local authority may confine or control the dog; and
if the dog is ultimately determined to be dangerous, the owner is liable for
all costs of confinement and control.
Nevertheless,
if a local jurisdiction has, upon the effective date of this act, a
notification and appeal process already in place, the local jurisdiction can
continue to utilize that process; and if the local jurisdiction has provided
for an administrative appeal of the final determination, the dog owner must
follow those appeal procedures.
Certificates
of Registration:
To
obtain a certificate of registration, the amount of the surety bond or
liability insurance policy that the owner is required to obtain is increased
from $50,000 to $250,000. However, this provision does not mean that a local
authority must allow dangerous dogs within its jurisdiction or that the city,
county, or local sheriff is required to issue a certificate of registration.
A
city or county can have code requirements that are more restrictive than state
statutes.
Penalties
for Dog Owners:
In
the subsection establishing when the owner of a dangerous dog commits a gross
misdemeanor, the word Aor@ is added to clarify the requirement that only certain,
rather than all, deficiencies listed need be occurring for an owner to be found
guilty. Additionally, under the same section of the chapter, the animal
control authority is now required to serve notice upon the dog owner.
The notice must specify the reasons for the confiscation of the dog, that the
owner is responsible for the costs of confinement and control, and that the dog
will be destroyed in a humane manner if the dog=s deficiencies are not corrected within 20 days of
notification.
Finally,
changes are made to the portion of the chapter dealing with Aany dog that aggressively attacks and causes the severe injury or
death of a person.@ Instead, of saying Awhether@ the statute now reads: Awhether or not the dog has previously been declared potentially dangerous or
dangerous, the dog=s owner is guilty of a class C felony.@ Additionally, the following provision is added: Ain such a prosecution, the state must prove the owner of the dog
either knew or should have known that the dog was potentially dangerous.@
Fiscal
Note: Requested on March 25,
1999.
Effective
Date: Ninety days after
adjournment of session in which bill is passed.