Maybe I am just an arsehole....but the laws are pretty clear...
Suitable fence...
16.60.010
Lawful fence defined.
A lawful fence shall be of at least four barbed, horizontal, well-stretched wires, spaced so that the top wire is forty-eight inches, plus or minus four inches, above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. These wires shall be securely fastened to substantial posts set firmly in the ground as nearly equidistant as possible, but not more than twenty-four feet apart. If the posts are set more than sixteen feet apart, the wires shall be supported by stays placed no more than eight feet from each other or from the posts.
16.60.011
Other lawful fences.
All other fences as strong and as well calculated as the fence described in RCW
16.60.010 shall be lawful fences.
My fence clearly meets the requirements. When we were working on it the other day we found the survey pins. In the back we are 8" from it. In the front about 18". Any breach of the fence is clearly a case of trespass.
RCW 9A.52.010
Definitions.
The following definitions apply in this chapter:
(1) "Enter." The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.
(2) "Enters or remains unlawfully." A person "enters or remains unlawfully" in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.
(3) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property.
You can laugh all you want..."Any reasonable person, judge or jury would likely find that the neighbors goats must be found guilty of being totally ignorant of potential harm if they congregate or loiter too close to YOUR fence and dogs. LMAO"
BUT...
16.60.015
Liability for damages—Restraint—Notice.
Any person making and maintaining in good repair around his or her enclosure or enclosures, any fence such as is described in RCW
16.60.010 and
16.60.011, may recover in a suit for trespass before the nearest court having competent jurisdiction, from the owner or owners of any animal or animals which shall break through such fence, in full for all damages sustained on account of such trespass, together with the costs of suits; and the animal or animals, so trespassing, may be taken and held as security for the payment of such damages and costs: PROVIDED, That such person shall provide notice as required under RCW
16.04.020 and
16.04.025: PROVIDED FURTHER, That such person shall have such fences examined and the damages assessed by three reliable, disinterested parties and practical farmers, within five days next after the trespass has been committed: AND, PROVIDED FURTHER, That if, before trial, the owner of such trespassing animal or animals, shall have tendered the person injured any costs which may have accrued, and also the amount in lieu of damages which shall equal or exceed the amount of damages afterwards awarded by the court or jury, and the person injured shall refuse the same and cause the trial to proceed, such person shall pay all costs and receive only the damages awarded.
so when his goats jumped the fence and my dogs tore it up a bit...or the second instance when my dog got a goat by the its head...which was thru the fence...and even this last instance where my dogs head was thru the fence...in the area where the fence is 18" on OUR side of the property line...
My neighbor was clearly at fault.
Perhaps I am just an asshole? They are screaming at me about my dogs...and I...being a menace. That is not the way I read it. My dogs NEVER entered his property. Plain and simple...
So laugh at me if you must but the laws appear pretty damn clear to me...same can be said for dog bite laws...which clearly state that if you are trespassing and get bit dog owner is not liable.
Either way I have resolved the issue. I have a better understanding of the fence laws now...if anything else happens I am simply going to call the Sheriff.
