BILL REQ. #:  H-0772.1 

Read first time 01/24/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to controlling dogs that are a threat to public safety; amending RCW 16.08.070 and 16.08.030; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   This act may be known and cited as the marauding dog protection act.

NEW SECTION.  Sec. 2   The legislature finds that during the period of March 1, 2002, through July 31, 2002, two hundred eighty dogs were impounded by the animal control unit in Snohomish county. It is the purpose of this act to better protect the residents of this state and their animals and property. The legislature intends to require the sheriff or any deputy sheriff to kill any dog without an identification tag running at large after August 1st of any year and before March 1st of the following year.

Sec. 3   RCW 16.08.070 and 2002 c 244 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout ((RCW 16.08.070 through 16.08.100)) this chapter.
     (1) "Potentially dangerous dog" or "marauding dog" means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
     (2) "Dangerous dog" means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner's property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.
     (3) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
     (4) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
     (5) "Animal control authority" means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.
     (6) "Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
     (7) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
     (8) "Stray" means any domesticated dog wandering unattended and without identification in any public area.

Sec. 4   RCW 16.08.030 and 1929 c 198 s 7 are each amended to read as follows:
     (1) It ((shall be)) is the duty of any person owning or keeping any dog or dogs ((which shall be)) found killing any domestic animal to kill ((such)) that dog or those dogs within forty-eight hours after being notified of that fact, and any person failing or neglecting to comply with ((the provisions of)) this section ((shall be deemed)) is guilty of a misdemeanor((, and)).
     (2)(a) It ((shall be)) is the duty of the sheriff or any deputy sheriff to kill any dog found running at large ((())after the first day of August of any year and before the first day of March in the following year(())) without a metal identification tag.
     (b) It is the duty of the sheriff or any deputy sheriff to kill any marauding dog or stray, but the stray dog may only be killed if it is demonstrating a propensity, tendency, or disposition to attack unprovoked.