trespass dog
Unlawful for dog to poop in neighbors yard?
<p>Is it unlawful for a dog owner to allow their dog to defecate in a neighbors yard while on a walk, even if the owner picks up the dogs
feces and disposes of it properly?</p>

<p>In Washington State, <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=16.04&amp;full=true" rel="nofollow noreferrer">Chapter 16.04 RCW</a> covers trespass. If an animal trespasses, the owner may incur liability for the damage, so of course the plaintiff would have to prove that there was damage. However the first section provides that</p>
<blockquote>
<p>Any person suffering damage done by any horses, mules, donkeys,
cattle, goats, sheep, swine, or any such animals, which shall either
<em>trespass upon any land enclosed by lawful fence</em> as provided in chapter 16.60 RCW or trespass <em>while running at large</em> in violation of
chapter 16.24 RCW may retain and keep in custody such offending
animals until the owner or person having possession of such animals
shall pay such damage and costs, or until good and sufficient security
be given for the same.</p>
</blockquote>
<p>Damages are provided for under RCW 16.04.015, with reference to such trespass. Since the critters listed under that law are livestock, it is not obvious that pet dogs are &quot;such&quot; animals. Dogs are covered under other chapters of this title, but that particular title at least appears to be &quot;about&quot; stock. <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=16.08&amp;full=true" rel="nofollow noreferrer">Ch. 16.08</a> is specifically about dogs, but more specifically about dangerous dogs, and the only trespassing provision regards possible trespass by a human. So there are no specific statutes regarding dogs crossing a property line.</p>
<p>Which leaves us with common law liability: if you damage a person's property, you can be held liable. Since an animal touching a person's dirt does not normally result in damage, the odds are against such a suit, but it is possible (clean-up is always a partial remediation at best). On the third hand, there could also be relevant a municipal ordinance. In Seattle, under <a href="https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT9AN_CH9.25ANCO_9.25.084OFRECO" rel="nofollow noreferrer">SMC 9.25.084</a> it is unlawful to</p>
<blockquote>
<p>Permit any animal, except cats and pigeons, to be at large or trespass
upon the property of another</p>
</blockquote>
<p>and you can be fined up to $500. Outside the city limits, under <a href="https://kingcounty.gov/council/legislation/kc_code/14_Title_11.aspx" rel="nofollow noreferrer">county ordinances</a> there is no provision penalizing trespass by a pet.</p>
