Chapter 16.08 RCW
DOGS
(Formerly Dangerous dogs)
RCW SECTIONS
16.08.010 Liability for injury to stock by dogs.
16.08.020 Dogs injuring stock may be killed.
16.08.030 Marauding dog -- Duty of owner to kill.
16.08.040 Dog bites -- Liability.
16.08.050 Entrance on private property, when lawful.
16.08.060 Provocation as a defense.
16.08.070 Dangerous dogs and related definitions.
16.08.080 Dangerous dogs -- Notice to owners -- Right of appeal --
Certificate of registration required -- Surety bond -- Liability insurance -- Restrictions.
16.08.090 Dangerous dogs -- Requirements for restraint -- Potentially dangerous dogs --
Dogs not declared dangerous.
16.08.100 Dangerous dogs -- Confiscation -- Conditions -- Duties of animal control authority --
Penalties and affirmative defenses for owners of dogs that attack -- Dog fights, penalty.
RCW 16.08.010
Liability for injury to stock by dogs.
The owner or keeper of any dog shall be liable to the owner of any animal killed or injured by such
dog for the amount of damages sustained and costs of collection, to be recovered in a civil action.
[1985 c 415 § 14; 1929 c 198 § 5; RRS § 3106. Prior: 1919 c 6 § 5; RCS § 3106.]
RCW 16.08.020
Dogs injuring stock may be killed.
It shall be lawful for any person who shall see any dog or dogs chasing, biting, injuring or killing
any sheep, swine or other domestic animal, including poultry, belonging to such person, on any real
property owned or leased by, or under the control of, such person, or on any public highway, to kill
such dog or dogs, and it shall be the duty of the owner or keeper of any dog or dogs so found chasing,
biting or injuring any domestic animal, including poultry, upon being notified of that fact by the
owner of such domestic animals or poultry, to thereafter keep such dog or dogs in leash or confined
upon the premises of the owner or keeper thereof, and in case any such owner or keeper of a dog or
dogs shall fail or neglect to comply with the provisions of this section, it shall be lawful for
the owner of such domestic animals or poultry to kill such dog or dogs found running at large.
[1929 c 198 § 6; RRS § 3107. Prior: 1919 c 6 § 6; 1917 c 161 § 6; RCS § 3107.]
RCW 16.08.030
Marauding dog -- Duty of owner to kill.
It shall be the duty of any person owning or keeping any dog or dogs which shall be found killing
any domestic animal to kill such dog or 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 guilty of a misdemeanor, and it shall be 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.
[1929 c 198 § 7; RRS § 3108. Prior: 1919 c 6 § 7; 1917 c 161 § 7; RCS § 3108.]
RCW 16.08.040
Dog bites -- Liability.
The owner of any dog which shall bite any person while such person is in or on a public place
or lawfully in or on a private place including the property of the owner of such dog, shall be
liable for such damages as may be suffered by the person bitten, regardless of the former
viciousness of such dog or the owner's knowledge of such viciousness.
[1941 c 77 § 1; Rem. Supp. 1941 § 3109-1.]
RCW 16.08.050
Entrance on private property, when lawful.
A person is lawfully upon the private property of such owner within the meaning of RCW 16.08.040
when such person is upon the property of the owner with the express or implied consent of the
owner: PROVIDED, That said consent shall not be presumed when the property of the owner is
fenced or reasonably posted.
[1979 c 148 § 1; 1941 c 77 § 2; Rem. Supp. 1941 § 3109-2.]
RCW 16.08.060
Provocation as a defense.
Proof of provocation of the attack by the injured person shall be a complete defense to
an action for damages.
[1941 c 77 § 3; Rem. Supp. 1941 § 3109-3.]
RCW 16.08.070
Dangerous dogs and related definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout
RCW 16.08.070 through 16.08.100.
(1) "Potentially dangerous 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.
[2002 c 244 § 1; 1987 c 94 § 1.]
NOTES:
Severability -- 1987 c 94: "If any provision of this act or its application to any person
or circumstance is held invalid, the remainder of the act or the application of the provision
to other persons or circumstances is not affected." [1987 c 94 § 6.]
RCW 16.08.080
Dangerous dogs -- Notice to owners -- Right of appeal -- Certificate of registration required --
Surety bond -- Liability insurance -- Restrictions.
(1) Any city or county that has a notification and appeal procedure with regard to determining a
dog within its jurisdiction to be dangerous may continue to utilize or amend its procedure. A
city or county animal control authority that does not have a notification and appeal procedure
in place as of June 13, 2002, and seeks to declare a dog within its jurisdiction, as defined in
subsection (7) of this section, to be dangerous must serve notice upon the dog owner in person
or by regular and certified mail, return receipt requested.
(2) The notice must 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 this chapter, including a recitation of the controls in subsection (6)
of this section; and an explanation of the owner's rights and of the proper procedure for
appealing a decision finding the dog dangerous.
(3) Prior to the authority issuing its final determination, the authority shall notify the
owner in writing that he or she is entitled to an opportunity to meet with the authority, at
which meeting the owner may give, orally or in writing, any reasons or information as to why
the dog should not be declared dangerous. The notice shall state the date, time, and location
of the meeting, which must occur prior to expiration of fifteen calendar days following delivery
of the notice. The owner may propose an alternative meeting date and time, but such meeting
must occur within the fifteen-day time period set forth in this section. After such meeting,
the authority must issue its final determination, in the form of a written order, within
fifteen calendar days. In the event the authority declares a dog to be dangerous, the order
shall include a recital of the authority for the action, a brief concise statement of the
facts that support the determination, and the signature of the person who made the determination.
The order shall be sent by regular and certified mail, return receipt requested, or delivered
in person to the owner at the owner's last address known to the authority.
(4) If the local jurisdiction has provided for an administrative appeal of the final
determination, the owner must follow the appeal procedure set forth by that jurisdiction.
If the local jurisdiction has not provided for an administrative appeal, the owner may
appeal a municipal authority's final determination that the dog is dangerous to the municipal
court, and may appeal a county animal control authority's or county sheriff's final
determination that the dog is dangerous to the district court. The owner must make such
appeal within twenty days of receiving the final determination. While the appeal is
pending, the authority may order that the dog be confined or controlled in compliance
with RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all
costs of confinement and control.
(5) It is unlawful for an owner to have a dangerous dog in the state without a
certificate of registration issued under this section. This section and RCW 16.08.090
and 16.08.100 shall not apply to police dogs as defined in RCW 4.24.410.
(6) Unless a city or county has a more restrictive code requirement, the animal
control authority of the city or county in which an owner has a dangerous dog shall
issue a certificate of registration to the owner of such animal if the owner presents
to the animal control unit sufficient evidence of:
(a) A proper enclosure to confine a dangerous dog and the posting of the premises
with a clearly visible warning sign that there is a dangerous dog on the property. In
addition, the owner shall conspicuously display a sign with a warning symbol that informs
children of the presence of a dangerous dog;
(b) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a
form acceptable to the animal control authority in the sum of at least two hundred fifty
thousand dollars, payable to any person injured by the dangerous dog; or
(c) A policy of liability insurance, such as homeowner's insurance, issued by an
insurer qualified under Title 48 RCW in the amount of at least two hundred fifty thousand
dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.
(7)(a)(i) If an owner has the dangerous dog in an incorporated area that is serviced
by both a city and a county animal control authority, the owner shall obtain a certificate
of registration from the city authority;
(ii) If an owner has the dangerous dog in an incorporated or unincorporated area
served only by a county animal control authority, the owner shall obtain a certificate
of registration from the county authority;
(iii) If an owner has the dangerous dog in an incorporated or unincorporated area
that is not served by an animal control authority, the owner shall obtain a certificate
of registration from the office of the local sheriff.
(b) This subsection does not apply if a city or county does not allow dangerous
dogs within its jurisdiction.
(8) Cities and counties may charge an annual fee, in addition to regular dog
licensing fees, to register dangerous dogs.
(9) Nothing in this section limits a local authority in placing additional restrictions
upon owners of dangerous dogs. This section does not require a local authority to allow a
dangerous dog within its jurisdiction.
[2002 c 244 § 2; 1989 c 26 § 3; 1987 c 94 § 2.]
NOTES:
Severability -- 1987 c 94: See note following RCW 16.08.070.
RCW 16.08.090
Dangerous dogs -- Requirements for restraint -- Potentially dangerous dogs -- Dogs not
declared dangerous.
(1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the
proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash
and under physical restraint of a responsible person. The muzzle shall be made in a manner
that will not cause injury to the dog or interfere with its vision or respiration but shall
prevent it from biting any person or animal.
(2) Potentially dangerous dogs shall be regulated only by local, municipal, and county
ordinances. Nothing in this section limits restrictions local jurisdictions may place on
owners of potentially dangerous dogs.
(3) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained
by a person who, at the time, was committing a wilful trespass or other tort upon the premises
occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has,
in the past, been observed or reported to have tormented, abused, or assaulted the dog or
was committing or attempting to commit a crime.
[1987 c 94 § 3.]
NOTES:
Severability -- 1987 c 94: See note following RCW 16.08.070.
RCW 16.08.100
Dangerous dogs -- Confiscation -- Conditions -- Duties of animal control authority --
Penalties and affirmative defenses for owners of dogs that attack -- Dog fights, penalty.
(1) Any dangerous dog shall be immediately confiscated by an animal control authority if
the: (a) Dog is not validly registered under RCW 16.08.080; (b) owner does not secure the
liability insurance coverage required under RCW 16.08.080; (c) dog is not maintained in the
proper enclosure; or (d) dog is outside of the dwelling of the owner, or outside of the
proper enclosure and not under physical restraint of the responsible person. 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.
In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance
with RCW 9A.20.021.
(2) If a dangerous dog of an owner with a prior conviction under this chapter attacks
or bites a person or another domestic animal, the dog's owner is guilty of a class C felony,
punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant
must prove by a preponderance of the evidence that he or she was in compliance with the
requirements for ownership of a dangerous dog pursuant to this chapter and the person or
domestic animal attacked or bitten by the defendant's dog trespassed on the defendant's
real or personal property or provoked the defendant's dog without justification or excuse.
In addition, the dangerous dog shall be immediately confiscated by an animal control
authority, placed in quarantine for the proper length of time, and thereafter destroyed
in an expeditious and humane manner.
(3) 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, upon conviction, be guilty of a class C felony punishable
in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must
prove by a preponderance of the evidence that the human severely injured or killed by
the defendant's dog: (a) Trespassed on the defendant's real or personal property which
was enclosed by fencing suitable to prevent the entry of young children and designed
to prevent the dog from escaping and marked with clearly visible signs warning people,
including children, not to trespass and to beware of dog; or (b) provoked the
defendant's dog without justification or excuse on the defendant's real or personal
property which was enclosed by fencing suitable to prevent the entry of young
children and designed to prevent the dog from escaping and marked with clearly
visible signs warning people, including children, not to trespass and to beware
of dog. 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 chapter. The state may not meet its burden of proof that the
owner should have known the dog was potentially dangerous solely by showing the
dog to be a particular breed or breeds. In addition, the dog shall be immediately
confiscated by an animal control authority, quarantined, and upon conviction of
the owner destroyed in an expeditious and humane manner.
(4) Any person entering a dog in a dog fight is guilty of a class C felony
punishable in accordance with RCW 9A.20.021.
[2002 c 244 § 3; 1987 c 94 § 4.]
NOTES:
Severability -- 1987 c 94: See note following RCW 16.08.070.
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