BILL REQ. #:  H-3454.1 

     AN ACT Relating to the humane treatment of dogs; adding a new section to chapter 16.52 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 16.52 RCW to read as follows:
     (1)(a) It is unlawful to leave a dog outside and unattended by use of a restraint such as a tether, chain, rope, cord, or other device used to tie an animal to a running cable or pulley system or to a stationary object under any of the following circumstances:
     (i) For more than one hour each day unless the owner or custodian is in the company of the animal or for no longer than is necessary for the owner or custodian to complete a temporary task that requires the dog to be restrained and then for not more than three hours each day;
     (ii) During any declared weather advisories, warnings, or emergencies;
     (iii) In a manner that prevents the animal from lying, sitting, or standing comfortably and without the restraint becoming taut;
     (iv) In a manner that allows the animal to become entangled on the restraint or another object;
     (v) In a manner that restricts the animal's access to adequate shelter in temperatures that fall below forty degrees or above eighty-five degrees or during rain, hail, sleet, or snow;
     (vi) In a manner that restricts the animal's access to adequate food and water;
     (vii) In a manner that leaves the animal in unsafe or unsanitary conditions;
     (viii) In a manner that causes injury to the animal;
     (ix) In a location that is within one hundred yards of a school; or
     (x) In a manner that gives the animal access to any public right-of-way, including through a fence.
     (b) Any tether, fastener, chain, tie, or other restraint permissible under this section must be attached to a properly fitted harness or collar and provide enough room between the collar and the dog's throat through which two fingers may fit. Choke, pinch, or prong type collars may not be used in tethering, fastening, chaining, tying, or otherwise restraining a dog.
     (c) Nothing in this section prevents:
     (i) The tethering, fastening, chaining, tying, or otherwise restraining of a dog pursuant to the requirements of a camping or recreational area; or
     (ii) The tethering, fastening, chaining, tying, or otherwise restraining of a dog while engaged in, or actively training for, an activity related to use of the dog as a service dog or by any military or law enforcement agency.
     (2) A dog owner who keeps the owner's dog in an enclosure for the majority of the day must comply with the housing facility and enclosure requirements of section 2(2), chapter . . . (section 2(2) of Engrossed Substitute Senate Bill No. 5651), Laws of 2009.
     (3) Each violation of this section is a separate offense. A person who violates this section is subject to the following civil penalties:
     (a) For a first violation, a civil penalty of one hundred dollars;
     (b) For a second violation, a civil penalty of two hundred fifty dollars; and
     (c) For a third or subsequent violation, a civil penalty of five hundred dollars.

NEW SECTION.  Sec. 2   This act takes effect July 1, 2010.