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Dangerous dogs--Confiscation--Conditions--Duties of animal control authority--Penalties and affirmative defenses for owners of dogs that attack--Dog fights, penalty. 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.
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.
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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.
A person is lawfully upon the private property of such owner within the meaning of RCW Proof of provocation of the attack by the injured person shall be a complete defense to an action for damages. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
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A city or county animal control authority that does not have a notification and appeal procedure in place as of June 13, , 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. 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.
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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 If the dog is determined to be dangerous, the owner must pay all costs of confinement and control. This section and RCW In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;. This section does not require a local authority to allow a dangerous dog within its jurisdiction.
enter site 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. Nelson Jeffrey D.
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