SB 5027-S - DIGEST

(AS OF SENATE 2ND READING 1/14/00)

     Provides that any city or county that has a notification and appeal process in place as of the effective date of this act with regard to determining a dog within its jurisdiction to be dangerous may continue to utilize its process.  A city or county animal control authority that seeks to declare a dog within its jurisdiction to be dangerous must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested.

     Requires the notice to 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 chapter 16.08 RCW, including a recitation of the controls; and an explanation of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous.

     Provides that, if the dog is confiscated, 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.

     Provides that 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 be guilty of a class C felony punishable in accordance with RCW 9A.20.021.  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 act.