WA State Anti-Tethering Bill Fails to Get a Vote

Update February 15, 2012: H.B. 1755, a bill in Washington state that would have restricted tethering of dogs, is unlikely to be called to the floor of the House of Representatives for a vote this year. Opponents were able to keep the bill off the floor. Proponents say they will re-introduce the bill next session.
Update January 31, 2012: Following a hearing last week, the Judiciary Committee has now voted to approve the substitute version of H.B. 1755. For more on the hearing and the bill as amended since last year, read Animal Law Coalition's reports below.
The most powerful tool we have to do this is calls and letters from their constituents. Legislators listen to those who live in the communities they represent and who they know will be voting either for or against them in the next election.
To confirm your district please follow this link to find your legislator, http://apps.leg.wa.gov/DistrictFinder/Default.aspx
Key points for email: Be concise and respectful. Be sure to reference the bill number (HB 1755). Conclude your written communication with your name, affiliation (if any), mailing address (to identify that you are a constituent in their district).
Update January 20, 2012: A hearing was held yesterday before the House of Representatives Judiciary Committee on H.B. 1755, a bill that would restrict tethering of dogs in Washington state. Russ Mead, General Counsel for Animal Law Coalition, appeared and testified before the Committee. A summary of his testimony is attached below for downloading. Mead told Committee members that chaining dogs is not only cruel; it is not safe for people, particularly children. A study recognized by the Centers for Disease Control establishes chained dogs are 2.8 times more likely to bite. Mead explained that the American Veterinary Medical Association and USDA recommend against chaining dogs, and the USDA prohibits chaining as a means of confinement for dogs kept by breeders or dealers, research facilities, and others regulated by the Animal Welfare Act. Mead explained that chained dogs can't run from a perceived danger and so in a fight or flight mode, when they can't flee, they become aggressive, barking, lunging and attacking when they perceive danger. Then when the dogs are not on a chain, they react to a perceived danger as they do when they are chained, as they have learned to do, with aggression. This creates a dangerous situation for the public.
Several other witnesses testified in support of the bill including representatives of Washington League of Humane Voters and WashingtonSavesPets.org. The committee did not vote on the bill at that time.
The committee is considering a substitute version of the original bill that is described in Animal Law Coalition's reports below. The substitute version of H.B. 1755, like the substitute version of S.B. 5649, the Senate version passed by the Senate Judiciary Committee last year, would give animal control authority to grant exemptions under certain circumstances and require on certain conditions an exemption for sled dogs. For more on that, read Animal Law Coalition's reports below. The substitute version of H.B. 1755 otherwise retains the prohibition on tethering dogs between 10 p.m. and 6 a.m. or more than 10 hours consecutively and adds a prohibition on tethering more than 10 hours in a day. The time for remedying a violation would be extended from 48 hours to 14 days on a first violation. The other provisions are essentially the same as in the initial bill described in Animal Law Coalition's reports below.
Animal Law Coalition's written testimony is attached below.
Update Feb. 24, 2011: A substitute version of S.B. 5649 has passed the state Senate Judiciary Committee.
There have been a number of changes, however, from the original bill. Dogs could not be tethered or chained for more than 10 consecutive hours a day though the law would not apply to sled dogs.
Also, animal control could grant an exemption to an owner if he or she shows the "existence of unusual circumstances that make the tethering of a dog necessary" for a longer period of time; the dog is not tethered for more than sixteen hours in any day, the dog receives adequate exercise and socialization while not tethered; and that "adequate precautions have been taken to safeguard the health and safety of the dog and prevent the dog from being a nuisance or danger to the public".
The exemption could be revoked at any time in the animal control officer's discretion.
The other exceptions remain the same as in the original bill and as described in Animal Law Coalition's original report below.
The subsitute version of S.B. 5649 does away with restrictions on tethering or chaining dogs in bad weather or unsanitary conditions but does retain other restrictions described in the Original report below. The substitute bill would allow owners 14 days to correct a violation on a first offense instead of 48 hours as in the original.
Original report: A bill in Washington state's House of Representatives, H.B. 1755, would restrict anyone from tethering or chaining dogs between the hours of 10 p.m. and 6 a.m., for more than 10 consecutive hours or 10 consecutive hours each day, or during "any declared weather advisories, warnings, or emergencies that are active for the dog's location".
Dogs that are "sick, injured, or in distress, in the advanced stages of pregnancy, or under six months of age" could not be chained at all. A dog could not be on the same chain, tether, or cable trolley system as another dog and could not be tied to the same stationary object or fixed point as another dog.
There would be other restrictions on chaining. Dogs could not be chained:
In a manner that prevents the dog from lying, sitting, standing comfortably and without the restraint becoming taut;
In a manner that results, or could reasonably result, in the dog becoming entangled on the restraint or another object;
In a manner that does not allow the dog to have access to necessary shelter at a time during which temperatures fall below forty degrees or above eighty-five degrees, or when there is precipitation, including rain, hail, sleet, or snow;
In a manner that results in the dog being left in unsafe or unsanitary conditions or conditions that otherwise could violate [the law];
In a manner that causes injury to the dog;
In a location that is within one hundred yards of a school or licensed daycare facility; or
In a manner that allows the dog to be within ten feet of any public right-of-way.
All devices used to tie or restrain the dog would be required to be attached to a properly fitted buckle-type harness or collar, not less than one inch in width, that provides enough room between the collar or harness and the dog's throat through which two fingers may fit. Choke, pinch, or prong-type collars could not be used in tethering a dog.
There would be exceptions for dogs receiving treatment from a veterinarian, participating "temporarily in an exhibition, show, contest, or other event in which the skill, breeding, or stamina of the dog is judged or examined"; being kept temporarily in a boarding kennel or facility or at a camping or recreation area; being cared for temporarily after having been picked up as a stray or as part of a rescue operation; or being trained or used by a federal, state, or local law enforcement agency or military or national guard unit.
A first violation would mean a warning, and the violator would have 48 hours to correct the situation. After that, the violator could be charged with a Class 2 civil infraction; a third and subsequent violation would be a misdemeanor.
The bill also provides, "Whenever possible, the owner must also be provided with educational information about the dangers of tethering, as well as information about humane and safe restraint methods, and referrals to organizations able to offer assistance with establishing humane and safe restraint methods. Pamphlets or other information prepared by local or national nonprofit organizations may be used for this purpose."
Washington state Rep. Roger Goodman is the bill's sponsor.
WHAT YOU CAN DO
Find your Washington state legislators here and write (faxes or letters are best) or call and urge them to support H.B. 1755/S.B. 5649.
For more on anti-chaining laws in other states....
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| Russ Mead Testimony WA HB 1755.doc | 29.5 KB |




