opinion by Bob Anderton
Dog Law
Dogs are said to be man's best friend. However, many women also get
along well with dogs, and quite a few men prefer cats.
Dogs can be good and dogs can be bad, which is one reason we have dog
laws. Let's consider the law for dogs in Seattle. The Seattle laws may
be similar to those in other areas in Washington, but it's good to
consult local sources if you are unsure.
Leash Laws
Dogs have to be on a leash in most places. Cats do not. Excluding cats
from the leash law appears to be a rare example of intelligent
lawmaking, as anyone who has seen a cat on a leash can attest. The
Seattle Municipal Code (SMC) says it is unlawful to "permit any animal,
except cats and pigeons, to be at large or trespass upon the property of
another." (SMC 9.25.084(A)) Apparently pigeons, like cats, do not take
well to leashes. The code defines "at large" as "not under control by a
leash" with a maximum length of eight feet. (SMC 9.25.020(E))
Well-trained dogs who carry their own leashes arguably comply with this
law.
Bussing Dogs
Dogs are allowed on Metro Buses. In fact, service animals and lap dogs
ride free. Large dogs pay the same fare as their owners.
Scoop Laws
Most people know to pick up dog poop on public property. (SMC
9.25.082(B)) But did you know that the law requires picking up dog and
cat feces on your own property "at least once every 24 hours"? (SMC
9.25.082(A)) I wonder how many tickets are issued for that.
Interestingly, owners of "service dogs" are exempted from scooping on
public property, but not on their own property. (SMC 9.25.082)
Noise Laws
You can't let your dog "bark, whine, howl or otherwise vocalize" if it
annoys "an entire community or neighborhood." (SMC 9.25.084(D)(2) and
SMC 25.08.280)
Strict Liability for Dog Bites
An owner is responsible for a dog that bites a person in public or even
in the dog's own yard or house, if the person is there "lawfully",
"regardless of the former viciousness of such dog or the owner's
knowledge of such viciousness." (RCW 16.08.040) Owners are also
responsible for a dog injuring or killing any other animal, including
another dog. (RCW 16.08.010) Strict liability means that a dog owner is
almost always on the hook for a dog's acts--even when irresponsible
people are injured. For instance, in a case against a dog owner, the
state Supreme Court held it was improper to consider negligence on the
part of a motorcycle rider with a child sitting on his gas tank who
crashed when an allegedly vicious cocker spaniel ran into the street.
(Johnston v. Ohls, 76 Wn.2d 398 (1969))
This brings up the importance of dog owners having homeowner's or
renter's insurance. Most policies will cover dogs, though it's a good
idea to read your policy, especially if you have a "guard dog" breed. In
fact, for certain dogs, Seattle requires proof of insurance as well as a
guard dog license. (SMC 9.25.054)
Cruelty
If it seems cruel, it's probably illegal in Seattle. I am highlighting
only a few definitions of cruelty:
- Teasing any animal "with the intent to cause destructive behavior,
fear or hostility";
- Trapping or poisoning animals (except rodents and slugs);
- Facilitating or even watching an "exhibition of an animal in combat
with any other animal"; and
- Failing "to provide medical care that is necessary for your animal's
health or to alleviate its pain." (SMC 9.25.081)
Crime Prevention
While abused dogs are crime victims, dogs likely prevent many crimes,
especially violent crimes. What mugger wouldn't prefer a lone victim to
a person accompanied by a dog? A dog need not be aggressive to serve as
a crime deterrent. Though size may matter in some settings, many small
dogs have big barks.
Stan is Love
Finally, let me share the motivation for this article--my puppy Stan who,
as I wrote this, gleefully ripped out all the low voltage safety
lighting in my backyard. And yet I still feel safe and, of course,
loved.
Bob Anderton practices law in Seattle, specializing in ethical personal
injury claims. If you'd like to suggest a topic needing Random Legal
Wisdom, contact Bob at (206) 262-9290 or bob@andertonlaw.com.
Lawyer Joke
A lawyer had a pet rat and one day it died. She was quite distraught and
took the rat to a vet.
"Doc," she said, "what's up with my rat?"
"It's dead," said the vet.
"No!" she exclaimed, "can't you run some tests to be sure?"
"OK," said the vet, bringing in a cat. The cat walked up to the rat,
sniffed once, looked bored and left the room.
Still, the lawyer was unconvinced.
So the vet brought in a large and excited black lab. The dog ran around
the room wagging its tail, bumping into various things including the rat
and hardly noticed it.
"OK," said the lawyer, I guess he really is dead."
"Sorry," said the vet and handed her a bill for $1,200.
"What!?" yelled the lawyer.
"Well," said the vet, "an office visit is $20 but the CAT scan and lab
report really add up!"
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