Statute in Full:
Beckley, West Virginia
Charleston, West Virginiga
Beckley, West Virginia
Code City of Beckley
Chapter 3 ANIMALS AND FOWL*
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*Charter references: Authority to regulate, § 21(31).
Cross references: Applicability of traffic regulations to riders of animals and drivers of animal-drawn vehicles, § 14-7; wrongfully seeking to release animal in custody of city officer, § 10-2.
State law references: Livestock generally, W. Va. Code, § 19-18-1 et seq.; male breeding animals, W. Va. Code, §§ 19-10-1--19-10-13; authority of city to regulate keeping of animals and fowl, W. Va. Code, § 8-12-5, (26).
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Art. I. In General, §§ 3-1--3-199
Art. II. Dogs, §§ 3-200--3-299
Art. III. Rabies Control, §§ 3-300--3-399
Art. IV. Impoundment, §§ 3-400--3-499
Art. V. Dangerous Dogs, §§ 3-500--3-513
ARTICLE I. IN GENERAL
Sec. 3-1. Definitions.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them:
Animal warden: The person designated by the council as enforcement officer under this chapter.
At large: Any animal or fowl shall be deemed to be "at large" when it is off the property of its owner and not under control of a competent person.
Dog pound: The county animal shelter; provided, that if the city shall establish a dog pound, then "dog pound" shall mean the city dog pound.
Exposed to rabies: An animal has been "exposed to rabies" if it has been bitten by, or been exposed to, any animal known to have been infected with rabies.
Humane society: The county humane society.
Owner: Any person owning, keeping or harboring an animal or fowl.
Restraint: A dog is under "restraint" if it is controlled by a leash, at "heel" beside a competent person and obedient to that person's commands, on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
Spayed female: Any female animal which has been operated upon to prevent conception.
(Code 1971, § 3-1)
Sec. 3-2. Bird sanctuary--Area embraced.
The entire area embraced within the corporate limits of the city is designated as a bird sanctuary.
(Code 1971, § 3-44)
Sec. 3-3. Same--Hunting, molestation, etc., of birds and nests prohibited.
It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest any bird or wild fowl or to rob bird nests or wild fowl nests.
(Code 1971, § 3-45)
Sec. 3-4. Same--Authorizing destruction of starlings, pigeons, etc.
If starlings or pigeons or similar birds are found to be congregating in such numbers in a particular locality that they constitute a menace to health or property in the opinion of the mayor or the council, the mayor or council may cause or authorize the destruction of such birds or fowl.
(Code 1971, § 3-46)
Sec. 3-5. Cruelty.
No person shall overdrive, overload, torture, torment, deprive of necessary sustenance or unnecessarily or cruelly beat, or needlessly mutilate or kill any animal or fowl; nor shall any person impound or confine any animal in any place and fail to supply it during such confinement with a sufficient quantity of good, wholesome food and water, or carry in or upon any vehicle or otherwise, any animal in a cruel or inhumane manner; nor shall any person keep cows or other animals in any enclosure without wholesome exercise and change of air, or feed cows on food that produces impure or unwholesome milk, or abandon to die any maimed, sick, infirm or diseased animal.
(Code 1971, § 3-5)
State law references: Similar provisions, W. Va. Code, § 61-8-19; authority to arrest persons abusing animals, § 8-12-5(27).
Sec. 3-6. Poisoning animals; placing poison within reach of animals or children.
No person shall maliciously or wilfully and without the consent of the owner administer poison, except a licensed veterinarian acting in such capacity, to any animal that is the property of another.
(Code 1971, § 3-6)
State law references: Similar law, W. Va. Code, § 61-3-27.
Sec. 3-7. Inspection of pet shops.
All pet shops and all other establishments operated in the city where live animals are kept for commercial purposes, shall be subject to inspection by the animal warden, police officer or any other designated officer or employee of the city or county; all such inspectors shall have the right of entry at any time upon demand to the keeper or proprietor thereof, and the refusal to allow such inspection shall be a misdemeanor.
Sec. 3-8. Keeping of swine.
It shall be unlawful for any person to keep or permit to be kept any swine within the city.
(Code 1971, § 3-3)
Sec. 3-9. Keeping wild animals, venomous reptiles and other such exotic animals.
(a) No wild animal, venomous reptile or other such exotic animal may be kept within the city except under such conditions as shall be fixed by the council and the keeper of which shall have a permit from the West Virginia Department of Natural Resources; provided, that wild animals, venomous reptiles and other such exotic animals may be kept for exhibition purposes by circuses, zoos and educational institutions, in accordance with such regulations as shall be established by the council.
(b) A record of all sales of such animals shall be kept by the seller thereof, showing the name and address of the purchaser, so that if such animal is lost, its owner may be located. Such record shall be available to the animal warden.
(Code 1971, § 3-8)
Cross references: Keeping vicious dogs, § 3-209.
Sec. 3-10. Livestock and fowl at large.
It shall be unlawful for any person being the owner of or having charge of horses, mules, cattle, swine, sheep, goats, geese, ducks, turkeys, chickens or other fowl or animals, except dogs and domestic cats, to suffer or allow them to run at large within the city, except on the premises of the owner.
(Code 1971, § 3-2)
Charter references: Provisions authorizing council to prohibit animals and fowl running at large, § 21, (31).
Sec. 3-11. Female domestic cats in heat to be confined.
Every female domestic cat in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that such female cat cannot come in contact with another animal, except for controlled breeding purposes.
(Code 1971, § 3-7)
Sec. 3-12. Keeping of howling, yelping, squalling, crying, crowing, and barking animals; penalties.
(a) No person shall keep or harbor any dog, cat, fowl, or other animal, within the municipality which, by frequent and habitual howling, yelping, crying, squalling, crowing, barking or otherwise, creates unreasonably loud and disturbing noises of such character, intensity, and duration as to disturb the peace, quiet and good order of the municipality. Such animals are hereby declared a public nuisance. Any person who shall allow any animal habitually to remain, be lodged, or fed within any dwelling, building, yard, pen, coop, stable, or enclosure which he occupies or owns, shall be considered as harboring such animal in violation of this Code.
(b) Whenever any person shall complain to the police department that a dog, cat, fowl, or other animal which habitually howls, yelps, cries, squalls, crows, barks or otherwise creates unreasonably loud and disturbing noises and is being kept in violation of subsection (a) above, the police department shall notify the owner of said animal that a complaint has been received and that the person should take whatever steps necessary to alleviate the howling, yelping, crying, squalling, crowing, or barking.
(c) If the warning given to the person alleged to be keeping an animal as set forth in subsection (b) above is ineffective, then a verified complaint of at least two (2) citizens, not from the same family or household, or by a city police officer, may be presented to the municipal judge, alleging that a dog, cat, fowl, or other animal who habitually howls, yelps, cries, squalls, crows, barks, or otherwise creates unreasonably loud and disturbing noises is being kept by any person within the city. The police department shall inform the owner of such animal or the owner of the property at which the animal is kept or harbored that said petition has been filed and shall cite the owner of the animal or owner of the property at which the animal is kept or harbored for the violation alleged in said petition.
(d) A person who violates any provision of this section by failure to comply with this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00). Each day such violation continues shall constitute a separate offense. Nothing in this article shall preclude the city from enforcing city ordinances for abating public nuisances in any other manner provided by law including, but not limited to, seeking injunctive and other equitable relief.
(Ord. of 11-25-03)
Secs. 3-13--3-199. Reserved.
ARTICLE II. DOGS
Sec. 3-200. License--Required; procedure to obtain; receipt for fee payment.
No person shall own, keep or harbor any dog within the city unless such dog is licensed as provided in this article. Written application for such license shall be made to the recorder-treasurer, or such official's designee, and shall state the name and address of the owner and the name, breed, color, age and sex of the dog. The license fee shall be paid at the time of making application and a numbered receipt therefor shall be given to the applicant; the tag hereinafter provided for shall be issued to the owner when proof of vaccination for rabies has been furnished as provided in section 3-201.
(Code 1971, § 3-23)
State law references: Regulation of dogs generally, W. Va. Code, § 19-20-1 et seq.; registration of dog kennels, § 19-20-3.
Sec. 3-201. Same--Proof of vaccination; applying part of license fee to cost of vaccination.
No dog shall be licensed until proof of vaccination for rabies within the preceding twelve (12) months shall have been furnished, and out of the license fee paid to the city for any dog which shall be vaccinated for rabies under the supervision of the city.
(Code 1971, § 3-24)
Sec. 3-202. Same--Fee; period; delinquency.
(a) The yearly license fee shall be one dollar ($1.00) for males and two dollars ($2.00) for females, for each dog over the age of six (6) months.
(b) All dog licenses shall be issued for one (1) year, beginning with the first day of July. Applications for licenses may be made within sixty (60) days prior to and for thirty (30) days after the start of the licensing year without penalty, but when application is made after thirty (30) days of the licensing year have elapsed, the applicant shall be assessed a penalty of fifty (50) per cent of the license fee, which amount shall be added and collected with the regular license fee; provided, that if the dog did not become subject to licensing until after the start of the licensing year, then no penalty shall be assessed.
(Code 1971, §§ 3-25, 3-26)
State law references: Annual tax authorized, W. Va. Code, §§ 8-13-10, 19-20-2.
Sec. 3-203. Same--Tags.
(a) Upon complying with the provisions of sections 3-200 and 3-201 and upon payment of the fee prescribed in section 3-202, there shall be issued to the dog owner a numbered metallic tag, stamped with the number and the year for which issued. The shape or design of such tag shall be changed from year to year.
(b) Every dog owner is required to see that the tag is securely fastened to the dog's choke chain, collar or harness, which must be worn by the dog at all times.
(c) In the event that a metallic license tag issued for a dog shall be lost, the owner may obtain a duplicate tag upon the payment of one dollar ($1.00).
(Code 1971, §§ 3-27, 3-28)
Sec. 3-204. Same--Transfer upon transfer of ownership.
If there is a change in ownership of a dug during the license year, the new owner may have the current license transferred to such new owner's name upon the payment of a transfer fee of one dollar ($1.00).
(Code 1971, § 3-29)
Sec. 3-205. Same--Exemption of nonresidents of city.
The licensing requirements of this article shall not apply to any dog belonging to a nonresident of the city and kept within the city for not longer than thirty (30) days; provided, that all such dogs shall at all times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owner.
(Code 1971, § 3-30)
Sec. 3-206. Improper use of tax receipts and dog tags.
No person shall use for any dog a tax receipt or license tag issued for another dog.
(Code 1971, § 3-31)
Sec. 3-207. Restraint--Required generally.
(a) The owner shall keep such person's dog under restraint at all times and shall not permit such dog to be at large off the premises or property of the owner, unless under the control of a competent person.
(b) Any dog not under restraint as required by subsection (a) of this section may be destroyed by the city if circumstances are such that it is not feasible to impound such dog under the provisions of this chapter.
(Code 1971, § 3-33)
Sec. 3-208. Same--Female dogs in heat to be confined.
Every female dog in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that such dog cannot come in contact with another animal, except for controlled breeding purposes.
(Code 1971, § 3-32)
Sec. 3-209. Fierce, vicious and dangerous dogs to be confined.
The owner shall confine within a building or secure enclosure every fierce, dangerous or vicious dog, and not take such dog out of such building or secure enclosure unless such dog is securely muzzled.
(Code 1971, § 3-34)
Sec. 3-210. Right-of-entry of officers.
For the purpose of discharging the duties imposed by this article and to enforce its provisions, any agent of the city or any police officer is empowered to enter upon any premises upon which a dog is kept or harbored and to demand the exhibition by the owner of such dog of the license for such dog.
(Code 1971, § 3-35)
Secs. 3-211, 3-212. Reserved.
Editor's note: An ordinance adopted Nov. 25, 2003, deleted former §§ 3-211 and 3-212 of the Code, which pertained to keeping of barking dogs and crying cats and petitions complaining of barking dogs and crying cats, respectively, and derived from ordinances adopted April 22, 1986, and April 9, 1991.
Secs. 3-213--3-299. Reserved.
ARTICLE III. RABIES CONTROL*
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*Cross references: Vaccination of dogs, § 3-201.
State law references: Vaccination of dogs against rabies, W. Va. Code, § 19-20A-1 et seq.; diseases among domestic animals, §§ 19-9-1 to 19-9-40.
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Sec. 3-300. Quarantine--When required; place; animal bites to be reported.
Every animal which bites a person shall be promptly reported to the animal warden and shall thereupon be securely quarantined at the direction of the warden for a period of ten (10) days, and shall not be released from such quarantine except by written permission of the warden. In the discretion of the animal warden, such quarantine may be on the premises of the owner, at the dog pound, or, at the owner's option and expense, in a veterinary hospital of such owner's choice. In the case of stray animals, or in the case of animals whose ownership is not known, such quarantine shall be at the dog pound.
(Code 1971, § 3-10)
Sec. 3-301. Same--Duty of owners to surrender animals; expenses; reclamation.
The owner, upon demand made by the animal warden, shall forthwith surrender any animal which has bitten a human or which is suspected as having been exposed to rabies, for supervised quarantine, which expense shall be borne by the owner. The animal may be reclaimed by the owner if adjudged free of rabies, upon payment of all fees for impoundment and keeping and for all delinquent license fees and upon compliance with applicable provisions of this Code and state law relating to regulation and licenses and the payment of any tax on dogs.
(Code 1971, § 3-11)
Sec. 3-302. Same--Proclamation, city-wide; restrictions; extension of period.
(a) When an animal under quarantine has been diagnosed rabid, the animal warden may recommend to the mayor a city-wide quarantine for a period of thirty (30) days, and upon the invoking of such quarantine by the mayor no animal shall be taken into the streets or permitted to be in the streets, during such period of quarantine. During such quarantine no animal may be taken or shipped from the city without written permission of the animal warden.
(b) In the event there are additional positive cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six (6) months.
(Code 1971, § 3-12)
Sec. 3-303. Same--Disposition of animals bitten by rabid animals.
During any period of rabies quarantine as provided in this article, every animal bitten by an animal found to be rabid shall be forthwith destroyed, or, at the owner's option and expense, shall be treated for rabies infection by a licensed veterinarian, or held under thirty (30) days' quarantine by the owner in the same manner as other animals are quarantined, unless the animal had theretofore been vaccinated for rabies within a period of one (1) year.
(Code 1971, § 3-13)
Sec. 3-304. Failure of owner to surrender animal to proper authority.
No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by the animal warden.
(Code 1971, § 3-14)
Sec. 3-305. Reports--Duty to report animal bites by physicians, etc.
It shall be the duty of every physician or other practitioner to report to the animal warden the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
(Code 1971, § 3-15)
Sec. 3-306. Same--By veterinarians of rabies suspect animals.
It shall be the duty of every licensed veterinarian to report to the animal warden such veterinarian's diagnosis of any animal observed by such veterinarian as a rabies suspect.
(Code 1971, § 3-16)
Sec. 3-307. Record of bites and investigations.
It shall be the duty of the animal warden to keep or cause to be kept accurate and detailed records of all bite cases reported to such warden and such warden's investigation thereof.
(Code 1971, § 3-17)
Sec. 3-308. Killing or removing of certain animals.
No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except as provided in this article, nor remove such animal from the city without written permission from the animal warden.
(Code 1971, § 3-18)
Sec. 3-309. Disposition of rabid animals.
Except as otherwise provided in this article, the animal warden shall direct the disposition of any animal found to be infected with rabies.
(Code 1971, § 3-19)
Sec. 3-310. Disposition of carcasses of animals exposed to rabies.
The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the animal warden.
(Code 1971, § 3-20)
Sec. 3-311. Exemptions from provisions of article.
Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this article, except where such duties are expressly stated.
(Code 1971, § 3-21)
Secs. 3-312--3-399. Reserved.
ARTICLE IV. IMPOUNDMENT*
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*Charter references: Provision authorizing pound and pound master, § 21(31).
Cross references: As to wrongfully seeking to release animal in custody of city officer, § 10-2.
State law references: Impoundment of dogs, W. Va. Code, §§ 19-20-7, 19-20-8; authority of county court and city to contract for joint operation and maintenance of dog pound, § 19-20-8a.
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Sec. 3-400. Animals subject to impoundment; impoundment mandatory except under certain circumstances.
Unlicensed dogs, dogs found running at large, unsecured, fierce, dangerous or vicious dogs, or other animals, unspayed stray female dogs, unconfined female dogs and domestic cats in heat, and animals other than dogs and cats when found running at large shall be taken up by the animal warden or police officers of the city and impounded, and the owner and keeper may be charged with the violation; provided, that when dogs are found running at large and their ownership is known to the police officers or the animal warden, such dogs need not be impounded, but such officer or warden may, at such officer's or warden's discretion, cite the owners of such dogs for violation of this chapter.
(Code 1971, § 3-37)
Sec. 3-401. Notice to owners.
Immediately upon impounding dogs or other animals, the police officers or animal warden shall make a reasonable effort to notify the owners of such dogs or other animals so impounded, and inform such owners of the conditions whereby they may regain the custody of such animals.
(Code 1971, § 3-38)
Sec. 3-402. Redemption procedure.
(a) The owner shall be entitled to resume possession of any impounded animal, except as hereinafter provided in this section, upon compliance with the license provisions of this chapter, if applicable and the payment of all impoundment fees.
(b) No female dog or domestic cat in heat, no fierce, dangerous or vicious dog, no wild animal which is kept within the city contrary to the provisions of this chapter, and no animal impounded for being a nuisance may be redeemed unless such redemption is authorized by a court having jurisdiction or by the council; provided, that when, in the judgment of the animal warden or the county humane society an animal should be destroyed for humane reasons, such animal may not be redeemed.
(Code 1971, § 3-40)
Sec. 3-403. Disposition of unredeemed animals.
(a) Any animal impounded under the provisions of this article and not reclaimed by its owner within five (5) days, may be humanely destroyed or placed in the custody of some person deemed to be a responsible and suitable owner, who will agree to comply with the provisions of this chapter and such other regulations as shall be fixed by the council; provided, that if the animal is one to which the respective rights of the owner and the person in possession or custody are determined by state law, such law shall be complied with; and provided further, that an unspayed female dog which has been impounded by reason of its being a stray shall not be allowed to be adopted from the dog pound unless the prospective owner shall agree to have such female spayed, or the county humane society agrees to do so.
(b) The city may transfer title of all animals held by it to the county humane society after the legal detention period has expired and the animal has not been claimed by its owner. In the event of such transfer of title, the humane society shall pay for each such animal's food until it shall be removed from the custody of the city. Impounded animals may be otherwise disposed of in accordance with the law, after the legal detention period has expired and the animals have not been claimed by their owners.
(Code 1971, § 3-42)
Sec. 3-404. Animal warden to keep records.
It shall be the duty of the animal warden to keep or cause to be kept accurate and detailed records of the impoundment and disposition of all animals coming into such warden's custody.
(Code 1971, § 3-43)
Secs. 3-405--3-499. Reserved.
ARTICLE V. DANGEROUS DOGS
Sec. 3-500. Purpose and intent.
The purpose of this article is to promote the public health, safety, and general welfare of the citizens of the City of Beckley. It is intended to be applicable to "dangerous" dogs, as defined herein by insuring responsible handling by their owners through registration, confinement, and liability insurance.
(Ord. of 3-25-03)
Sec. 3-501. Definitions.
When used in this article, the following words, terms, and phrases, and their derivations shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control officer or animal warden means any person employed, appointed, or designated by council who is authorized to investigate and enforce violations relating to animal control or cruelty under the provisions of Chapter 3 of this Code.
At large means that a dog is not under the direct control of the owner.
Dangerous dog means any dog that, because of its aggressive nature, training, or characteristic behavior, presents a risk of serious physical harm or death to human beings or domestic animals, or would constitute a danger to human life, physical well-being, or property or other domestic animals if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "dangerous dog" includes any dog that, according to the records of either any city, any county, any state, or any law enforcement agency:
(1) Has, when unprovoked, bitten, attacked, endangered, or inflicted injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by any of the above referenced authorities; or
(2) Has severely injured or killed a domestic animal while off the owner's property; or
(3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
(4) Has previously been declared a dangerous dog by another municipality, any county, or any state.
Direct control means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is, at all times, fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.
Impoundment means the taking or picking up and confining of an animal by any police officer, animal control officer, animal warden, or any other public officer, under the provisions of this chapter, Chapter 3 of the City Code or any applicable West Virginia Code provision.
Muzzle means a device constructed of strong, soft materials or of metal, designed to fasten over the mouth of any animal to prevent the animal from biting any person or other animal.
Owner means any person, partnership, corporation, or other legal entity owning, harboring, or keeping any animal, or in the case of a person under the age of eighteen (18), that person's parent or legal guardian. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.
Sanitary condition means a condition of good order and cleanliness to minimize the possibility of disease transmission.
Under restraint means that an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises.
(Ord. of 3-25-03)
Sec. 3-502. Procedure for declaring a dog dangerous.
(a) An animal control officer, animal warden, or any adult person may request, under oath, that a dog be classified as dangerous as defined in section 3-501 by submitting a sworn, written complaint on a form approved by the police department to the police department. Upon receipt of such complaint, the police department or other designee shall notify the owner of the dog that a complaint has been filed, and that an investigation into the allegations as set forth in the complaint will be conducted.
(b) Criteria to be considered during the above investigation shall include, but not be limited to, the following:
(1) Provocation;
(2) Severity of attack or injury to a person or domestic animal;
(3) Previous aggressive behavior of the dog;
(4) Site and circumstances of the incident; and
(5) Statements from interested parties.
(c) At the conclusion of an investigation, the mayor may:
(1) Determine that the dog is not dangerous and, if the dog is impounded, may waive any impoundment fees incurred and order the release of the dog to its owner; or
(2) Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth in section 3-505, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment.
(Ord. of 3-25-03)
Sec. 3-503. Notification of dangerous dog declaration.
(a) Within five (5) business days after declaring a dog dangerous, the city shall notify the owner by certified mail of the dog's designation as a dangerous dog and any specific restrictions and conditions for keeping the dog as set forth in section 3-505. The chief of police, mayor, chief code enforcement official, and the city's animal control officer shall all be notified of any designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner. The police department will keep a record of any designation of a dog as a dangerous dog.
(b) If the city cannot, with due diligence, locate the owner of a dog that has been seized pursuant to this article, the city shall cause the dog to be impounded for not less than five (5) business days. If, after five (5) days, the owner fails to claim the dog, the city may cause the dog to be humanely destroyed.
(Ord. of 3-25-03)
Sec. 3-504. Appeal from dangerous dog declaration.
If the mayor determines that a dog is dangerous at the conclusion of the investigation conducted under section 3-502, that determination shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within thirty (30) days after receiving notice that the dog has been finally declared dangerous. The appeal shall be a civil proceeding for the purpose of affirming or reversing the city's determination of dangerousness.
(Ord. of 3-25-03)
Sec. 3-505. Keeping of dangerous dogs.
The keeping of a dangerous dog, as defined in section 3-501, shall be subject to the following requirements:
(1) Leash. No person having charge, custody, control, or possession of a dangerous dog shall allow the dog to exit its kennel, pen, or other proper enclosure unless such dog is securely attached to a leash no more than six (6) feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.
(2) Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.
(3) Confinement. Except when leashed and muzzled as provided in this section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light, and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:
a. The structure must have secure sides and a secure top, or all sides must be at least six (6) feet high;
b. The structure must have a bottom permanently attached to the sides or the sides must be imbedded not less than one (1) foot into the ground; and
c. The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(4) Indoor confinement. No dangerous dog shall be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(5) Signs. All owners, keepers, or harborers of dangerous dogs shall display, in a prominent place on their premises, a sign easily readable by the public using the words "Beware of Dog".
(6) Liability insurance, surety bond. The owner of a dangerous dog shall present to the city proof that he/she has procured liability insurance or a surety bond in the amount of not less than one hundred thousand dollars ($100,000.00) covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring the city to be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminated, or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the twelve-month period for which a permit is sought unless he ceases to own or keep the dog prior to the expiration date of the permit period. The owner shall provide the city with notice of any cancellation on the liability insurance policy. In the event that the owner proves to the satisfaction of the city that insurance is not available, the owner may post with the city, of an equivalent amount, payable to any person injured by the dangerous dog.
(7) Mandatory spaying or neutering. Within thirty (30) days of the determination that a particular dog is dangerous, the owner of said dog shall have it spayed or neutered and provide the city with a written statement from the veterinarian who performed the operation verifying the same.
(8) Notification of escape. The owner or keeper of a dangerous dog shall notify the city immediately if such a dog escapes from its enclosure or restraint and is at-large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
(9) Failure to comply. It shall be unlawful and a misdemeanor for any owner of a dangerous dog registered with the city to fail to comply with the requirements and conditions set forth in this section. An owner or keeper of a dangerous dog who fails to register the dog shall be guilty of a misdemeanor and fined two hundred fifty dollars ($250.00). Each day that the dangerous dog is not registered shall be a separate offense. The fine for any other violation of this section, for which the specific fine amount has not been set forth, shall be one hundred dollars (100.00) with each day that the offense continues being a separate citable offense. Any dog found to be in violation of this section 3-505 shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in section 3-505 may result in the city revoking the permit providing for the keeping of such animal. Other ordinances pertaining to penalties for injuries inflicted by dogs shall be in addition to the penalties set forth herein.
(Ord. of 3-25-03)
Sec. 3-506. Permit and tag required for a dangerous dog.
(a) The owner of a dangerous dog shall, within three (3) business days after classification of the dog as dangerous or upon acquisition of such a dog, obtain an annual permit from the City of Beckley Code Enforcement Department to harbor the dog. The fee for such permit shall be fifty dollars ($50.00) per year.
(b) At the time the permit is issued, a red tag shall be issued to the owner of the dangerous dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a dangerous dog. The owner or keeper of a dangerous dog who registers but fails to place the foregoing red tag on said dog shall be guilty of a misdemeanor and fined two hundred fifty dollars ($250.00). Each day shall be a separate citable offense.
(c) The permit for maintaining a dangerous dog shall be presented to an animal control officer or law enforcement officer upon demand.
(Ord. of 3-25-03)
Sec. 3-507. Notification of intent to impound.
(a) When the city intends to impound a dog declared to be dangerous for violation of section 3-505, it shall notify the owner or custodian of the dog, by certified mail, of the intended impoundment at least five (5) business days prior to the intended impoundment except as provided in section 3-508.
(b) The notice of intent to impound shall inform the owner or custodian of the dog that he may request, in writing within five (5) business days prior to the intended impoundment, a hearing before the mayor or his designee to contest the intended impoundment and finding of violation.
(c) Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (b) hereof, a hearing shall be held within ten (10) business days after the request for a hearing. Notice of the date, time, and location of the hearing shall be provided by certified mail to the dog's owner or custodian requesting such hearing.
(d) If the owner or custodian requests a hearing pursuant to subsection (b) hereof, no impoundment shall take place until conclusion of the hearing, except as authorized in section 3-508.
(Ord. of 3-25-03)
Sec. 3-508. Immediate impoundment.
(a) A dog previously declared to be dangerous may be immediately impounded without a pre-impoundment hearing when the mayor or chief of police determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of section 3-506 or when the dog bites a person or domestic animal.
(b) The owner or custodian of the dog immediately impounded pursuant to subsection (a) hereof shall be notified of the impoundment by certified mail within five (5) days after the dog's impoundment.
(c) The notice of impoundment shall inform the owner or custodian of the dog that he may request, in writing, a hearing before the mayor to contest the impoundment within five (5) days after the mailing of the notice of impoundment.
(d) Upon request by the owner or custodian of the dog for a hearing under subsection (c) hereof, a hearing shall be held within ten (10) business days after such request. Notice of the date, time, and location of the hearing shall be provided by certified mail to the dog owner requesting the hearing.
(Ord. of 3-25-03)
Sec. 3-509. Impoundment hearing.
(a) If, after a hearing on impoundment, the mayor or his designee finds no violation of section 3-505 or that the dog has not bitten an individual or a domestic animal, the dog shall be returned to its owner or custodian if already impounded or shall not be impounded as intended.
(b) Incident to the finding and conclusions made at the impoundment hearing, the mayor or his designee may impose reasonable restrictions and conditions for the maintenance of the dog in addition to those set forth in section 3-505 to insure the health and safety of the public and the animal. Such conditions may include, but shall not be limited to:
(1) Posting of bond or other proof of ability to respond to damages;
(2) Specific requirements as to size, construction, and design of a kennel in which to house the dog;
(3) Requirements as to type and method of restraint and/or muzzling of the dog;
(4) Photo identification or permanent marking of the dog for purposes of identification; and
(5) Payment of reasonable fees to recover the costs incurred by the City of Beckley in insuring compliance with this section.
(Ord. of 3-25-03)
Sec. 3-510. Destruction.
(a) The mayor or chief of police may order the destruction of a dog that it determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual, or a dog declared dangerous whose owner is unable or unwilling to adequately restrain it.
(b) The city shall give written notice by certified mail of its intention to destroy such dog to the owner or custodian of the dog who may request, in writing, within ten (10) business days after delivery of such notice a hearing before the mayor to contest the intended destruction.
(c) If no hearing is requested pursuant to subsection (b) hereof, the dog shall be destroyed pursuant to applicable provisions of law.
(d) If a hearing is requested pursuant to subsection (b) hereof, such hearing shall be held by the mayor or his designee within ten (10) business days after the request, and the dog shall not be destroyed prior to the conclusion of the hearing.
(e) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the city to humanely and safely keep the animal during any legal proceeding.
(Ord. of 3-25-03)
Sec. 3-511. Appeal from order of humane destruction.
If a section 3-510 hearing results in the mayor or his designee ordering a dangerous dog to be humanely destroyed, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten (10) days after receiving notice of the destruction order. If an appeal is timely filed, the mayor or his designee shall suspend the destruction order pending the final determination of the court. The appeal shall be a civil proceeding for the purpose of affirming or reversing the mayor's destruction order.
(Ord. of 3-25-03)
Sec. 3-512. Change of ownership.
(a) Any owner of a dangerous dog who sells or otherwise transfers ownership, custody, or residence of the dog shall, within ten (10) days after such change of ownership or residence, provide written notification to the city police department of the name, address, and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog's classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the city along with written acknowledgment by the new owner of his receipt of such notification. The Beckley Police Department shall notify the code enforcement department and the city's animal control officer of any changes of ownership, custody, or residence of the dog within three (3) business days after receiving the required information from the previous dog owner.
(b) Any person receiving a dog classified as dangerous must obtain the required permit, tag, and enclosure prior to acquisition of the dog from the city code enforcement department. The new owner shall comply fully with the provisions of this article pertaining to obtaining liability insurance, payment of fees, and maintenance, control, and ownership of a dangerous dog.
(Ord. of 3-25-03)
Sec. 3-513. Continuation of dangerous dog declaration.
Any dog that has been declared dangerous by this city, another municipality, any county, or any state shall be subject to the provisions of this article as long as it remains in the city. The person owning or having custody of any dog designated as a dangerous dog by any municipality, county, or state government shall notify the mayor or his designee within ten (10) days of moving the animal into the City of Beckley. The restrictions and conditions applicable to dangerous dogs and contained within this article shall remain in force while the dog remains in the city.
(Ord. of 3-25-03)
Charleston, West Virginia
Code of Ordinances City of Charleston
Chapter 10 ANIMALS*
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*Cross references: Environment, ch. 50; health and sanitation, ch. 58; persons riding animals, animal-drawn vehicles, § 114-10.
State law references: General authority to regulate animals, W. Va. Code § 8-12-5(26).
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Article I. In General
Sec. 10-1. Administration and enforcement of chapter; humane officers.
Sec. 10-2. Poisoning animals.
Sec. 10-3. Cruelty to animals; cock fighting, dog fighting, similar activities.
Sec. 10-4. Sale of baby fowl.
Sec. 10-5. Dead animals and fowl; disposition of carcasses.
Sec. 10-6. Responsibility for removal of carcasses.
Sec. 10-7. Keeping fowl near inhabited building or permitting them to run at large.
Sec. 10-8. Keeping of certain animals.
Sec. 10-9. Keeping noisy fowl.
Sec. 10-10. Keeping noisy cat.
Sec. 10-11. Certain animals and reptiles prohibited to be kept within city except pursuant to license or permit.
Sec. 10-12. City declared bird sanctuary; trapping, hunting; riddance of nuisance birds; penalty.
Sec. 10-13. Maintenance of pens, coops, other enclosures, places.
Sec. 10-14. Control of rabies and other diseases generally.
Secs. 10-15--10-50. Reserved.
Article II. Livestock
Division 1. Generally
Sec. 10-51. Certain animals prohibited from running at large, subject to impoundment; responsibility of owners and persons in charge.
Secs. 10-52--10-70. Reserved.
Division 2. Impoundment
Sec. 10-71. Notice of impounding of animals.
Sec. 10-72. Redemption of impounded animals.
Sec. 10-73. Auction sale of impounded animals not redeemed.
Sec. 10-74. Disposition of unredeemed animals when sale at auction not feasible.
Sec. 10-75. Report of money received.
Sec. 10-76. Payment of money received to city treasurer.
Sec. 10-77. Payment of surplus proceeds to owners of animals sold.
Sec. 10-78. Interference with humane officer; releasing impounded animals.
Secs. 10-79--10-110. Reserved.
Article III. Dogs
Division 1. Generally
Sec. 10-111. Definitions.
Sec. 10-112. Violations.
Sec. 10-113. Interference with persons acting under article; offenses concerning tags.
Sec. 10-114. Dogs to be confined and not permitted to roam at large; taking dogs on leash.
Sec. 10-115. Confinement of female dogs in heat.
Sec. 10-116. Removal of dogs from public gatherings.
Sec. 10-117. Seizing or enticing dog; bringing dog into city for impounding or killing.
Sec. 10-118. Keeping vicious dog.
Sec. 10-119. Muzzling dogs under proclamation by health commissioner.
Sec. 10-120. Keeping noisy dog.
Sec. 10-121. Inducing dogs to fight or annoy persons or animals.
Sec. 10-122. Observation of dog biting a person.
Secs. 10-123--10-140. Reserved.
Division 2. License
Sec. 10-141. Annual license required; application for license and payment of license fee; license tag.
Sec. 10-142. License fees; expiration of licenses.
Secs. 10-143--10-160. Reserved.
Division 3. Impoundment
Sec. 10-161. Impounding dogs.
Sec. 10-162. Retention and disposition of impounded dogs; notice to owners.
Sec. 10-163. Redemption of impounded dogs; redemption fees and boarding charges; record of offenses by dog owners.
ARTICLE I. IN GENERAL
Sec. 10-1. Administration and enforcement of chapter; humane officers.
(a) It shall be the duty of the humane officer or officers appointed by the mayor pursuant to the provisions of sections 5 and 35 of the city's Charter, with the cooperation of the police and health departments, to administer and enforce the provisions of this chapter; and the humane officers shall, whenever they encounter an offense under this chapter, issue a summons to such offender for appearance in the municipal court.
(b) The senior humane officer and his assistants shall be uniformed in accordance with the standards recommended by the Charleston Humane Association and approved by the mayor.
(Code 1975, § 4-1)
Cross references: Administration, ch. 2.
Sec. 10-2. Poisoning animals.
No poisoned meat or any poisonous substance shall be cast into any of the streets, public places or lots or buildings in the city for the purpose of destroying dogs or other animals.
(Code 1975, § 4-11)
State law references: Malicious killing of animals, W. Va. Code § 61-3-27.
Sec. 10-3. Cruelty to animals; cock fighting, dog fighting, similar activities.
If any person shall cruelly, unnecessarily or needlessly beat, torture, torment, mutilate, kill or overload, overdrive or willfully deprive of necessary sustenance any horse or other domestic animal, whether such horse or other animal is his own or that of another person; or shall impound or confine any such animal in any place and fail to supply the animal with a sufficient quantity of good, wholesome food and water; or shall carry in or upon any vehicle, or otherwise, any such animal in a cruel or inhumane manner; or knowingly feed a cow on food that produces impure or unwholesome milk; or shall abandon to die any maimed, sick, infirm or diseased animal; or shall be engaged in or employed at cock fighting, dog fighting, bear baiting, pitting one animal to fight against another of the same or different kind; or any similar cruelty to animals, or shall receive money for the admission of any person, or shall knowingly purchase an admission, to any place kept for such purpose; or shall use, train or possess a dog or other animal for the purpose of seizing, detaining or maltreating any other domestic animal, he shall, upon conviction, be punished as provided in section 1-8.
(Code 1975, § 4-12)
State law references: Authority to prevent cruelty to animals, W. Va. Code § 8-12-5(27); cruelty to animals, W. Va. Code §§ 61-8-19, 61-8-20; authority to regulate animals, W. Va. Code § 8-12-5(26).
Sec. 10-4. Sale of baby fowl.
It shall be unlawful for any person to sell or offer for sale as pets or novelties any artificially colored, sprayed, painted or dyed baby chicks, ducklings, goslings, turkeys or other fowl, or to sell or offer for sale any baby chicks, ducklings, goslings, turkeys or other fowl in lots of less than six.
(Code 1975, § 4-18)
Sec. 10-5. Dead animals and fowl; disposition of carcasses.
It shall be unlawful for any person to deposit in any of the streets, parks, public squares or places, or upon any private lot or parcel of ground, the carcass or part of any carcass of any animal, fowl or bird within the limits of the city or at any point within one mile of the city limits if such place outside the limits is so located that such carcass shall become offensive to or detrimental to the health of the inhabitants of the neighborhood. It shall be unlawful to bury within the city or within one mile of the city the carcass or part of carcass of any animal, fowl or bird which has died or been killed within the city, or that has been brought into the city; but all such carcasses shall immediately after death be taken to the place designated for such purpose by the person in charge of the city garbage collection service and there disposed of in a lawful and sanitary manner; and the charge shall be paid in cash by the person to whom such animal, fowl or bird belonged.
(Code 1975, § 4-13)
Sec. 10-6. Responsibility for removal of carcasses.
(a) When any dead animal, fowl or bird is found in the streets, public places or private lots in the city by any police officer, he shall at once notify the person who owned such creature before its death that such owner must remove the carcass at once and dispose of it in a lawful and sanitary manner; and if the former owner shall refuse or fail to do so within two hours after being so notified, the police officer, shall at once notify the person in charge of garbage disposal and such person shall immediately send a proper vehicle to obtain such carcass and have it removed and disposed of, and render a bill for such removal and disposal to the owner, if known, and shall place a duplicate of such bill in the hands of the city collector for collection, who shall have power to collect by distress or levy the same as city taxes are collected. It shall be unlawful for any owner of any such carcass to refuse or neglect for over two hours to have such carcass removed.
(b) When any animal, fowl or bird shall be killed upon any of the streets or public places within the city by any automobile or other vehicle being driven over or upon the streets within the city, or by the horse or other animal attached to any vehicle, it shall be the duty of the owner, driver or other person having such vehicle in his charge to at once remove such carcass to the curbline, or if possible to some point out of the public view, and to cover the carcass from view, and immediately thereafter remove or cause it to be removed and lawfully disposed of in a sanitary manner, and pay the charges for such action. Any owner, driver or other person having charge of any such vehicle which has killed any such animal or fowl and who shall refuse or neglect to carry out the provisions of this subsection shall, upon conviction, be fined as provided in section 1-8; and the costs, if any, incurred by the city in the removal of such carcass, together with the cost of disposal, shall be added to the fine. The provisions of this subsection as to animals killed by any vehicle shall also fully apply to any such animal or fowl so badly injured by any such vehicle that it is afterwards killed, for humane reasons, by any officer or other person.
(c) It shall be the duty of police officers and humane officers to immediately notify the health commissioner upon killing any animal for having exhibited signs of rabies, or having bitten any person or for having been vicious; and any such officer so reporting shall comply with instructions of the health commissioner as to making the carcass or any portion of the carcass available to the health department for examination; and the officer shall then promptly notify the person in charge of the city garbage disposal service to forthwith remove such carcass, the cost to be charged to the owner, if known, and collected by the city treasurer as provided in subsection (a) of this section.
(Code 1975, § 4-14)
State law references: Prohibited disposition of animal carcasses, W. Va. Code §§ 16-9-2, 16-9-3; extraterritorial jurisdiction of municipalities, W. Va. Code §§ 8-12-5(43), 8-12-19.
Sec. 10-7. Keeping fowl near inhabited building or permitting them to run at large.
No person shall keep any kind of poultry, fowl or pigeon within 25 feet of any structure owned by another and used for human habitation, occupation or assembly, whether the structure is in the same or adjacent block or square; nor shall any fowl, poultry or pigeon be permitted by its owner to run, fly, stray or otherwise be at large in any streets of the city or in any lot or premises not in the possession or under the control of the owner of such poultry, fowl or pigeon.
(Code 1975, § 4-15)
Sec. 10-8. Keeping of certain animals.
No person shall keep or permit to be kept within the corporate limits any hog, goat, cow, chicken, or other animal or fowl in a pen or otherwise confined in any lot, to the annoyance, detriment or inconvenience of any neighbor or the public.
(Code 1975, § 4-16)
Sec. 10-9. Keeping noisy fowl.
No person shall own or keep within the city any fowl, bird or parrot which shall, by crowing, cackling, talking, singing, or in any other manner whatsoever, disturb the comfort or quiet of any reasonable person.
(Code 1975, § 4-17)
Sec. 10-10. Keeping noisy cat.
No person shall own or keep within the city any cat which shall, by howling, squalling, crying or in any other manner whatsoever, disturb the comfort or quiet of any reasonable person.
(Code 1975, § 4-19)
Sec. 10-11. Certain animals and reptiles prohibited to be kept within city except pursuant to license or permit.
It shall be unlawful for any person to keep or harbor within the city any panther, wildcat or bobcat, bear or other wild animal of a species normally dangerous to human beings, or any skunk from which the perineal glands have not been removed, or any venomous reptile or any make of a constrictor species, except pursuant to authority of a city license or permit which may be issued under the provisions of this Code or other city ordinance or by special action of the city council.
(Code 1975, § 4-20)
Sec. 10-12. City declared bird sanctuary; trapping, hunting; riddance of nuisance birds; penalty.
(a) The entire area embraced within the boundaries of the city is designated as a bird sanctuary.
(b) It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wildfowl or to rob bird nests or wildfowl nests; however, if starlings, pigeons or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property, in the opinion of the proper health authorities of the city, the health authorities shall meet with representatives of the Audubon Society, Bird Club, Garden Club or Humane Society, or as many of those clubs as are found to exist in the city, after having given at least three days' actual notice of the time and place of such meeting to the representatives of the clubs. If as a result of such meeting no satisfactory alternative is found to abate such nuisance, such birds may be destroyed in such numbers and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police.
(c) Any person violating the provisions of this section shall be punishable as provided in section 1-8.
(Code 1975, § 4-21)
Sec. 10-13. Maintenance of pens, coops, other enclosures, places.
(a) Each stable, pen, coop and other enclosure or place where any animal or fowl is kept shall be so located and of such construction as to have sufficient sanitary drainage to keep it dry at all times; and it shall be the duty of each person owning, harboring or keeping any animal or fowl to maintain such enclosure or other place where such animal or fowl is kept in a clean and sanitary condition at all times, free of any unwholesome or offensive substance, liquid or odor and so as not to constitute, in the opinion of the health commissioner, a nuisance.
(b) The provisions of this section shall be applicable within the city generally, as well as beyond the city limits for a distance of one mile in any instance wherein a stable, pen, coop or other enclosure or place where an animal or fowl is kept constitutes a nuisance affecting this city or is offensive or detrimental to the health of inhabitants of this city.
(Code 1975, § 4-22)
State law references: Extraterritorial jurisdiction of municipalities, W. Va. Code §§ 8-12-5(43), 8-12-19.
Sec. 10-14. Control of rabies and other diseases generally.
(a) It shall be the duty of each owner or person in charge of any dog, whether licensed or unlicensed, or in charge of any other animal known to have or suspected of having rabies or any other communicable disease, or known to have been bitten by another animal having or suspected of having any such disease, to forthwith take such animal to a veterinarian for confinement and observation or to securely confine such animal on his own premises, and, in either case, to notify the health commissioner without delay; and he shall then obey the directives given him by the health commissioner. Animals so confined shall be destroyed in an humane manner upon the finding of a veterinarian that they have rabies or some other incurable communicable disease; and no animal shall be released from such confinement until found by a veterinarian to be free of rabies and other communicable disease.
(b) Rabid animals found at large within the city shall be shot and killed forthwith by any humane officer or by any police officer.
(c) Any person having knowledge of an animal known to have or suspected of having rabies or any other communicable disease shall forthwith notify an humane officer or the chief of police. If the owner or person in charge of such animal can be found without undue delay, he shall be notified by the humane officer or chief of police to comply with the provisions of subsection (a) of this section forthwith; otherwise, such animal shall be destroyed in an humane manner.
(Code 1975, § 4-23)
State law references: Quarantine of biting dogs, W. Va. Code § 19-20-9a.
Secs. 10-15--10-50. Reserved.
ARTICLE II. LIVESTOCK*
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*State law references: Livestock at large, W. Va. Code § 19-18-1 et seq.
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DIVISION 1. GENERALLY
Sec. 10-51. Certain animals prohibited from running at large, subject to impoundment; responsibility of owners and persons in charge.
No horse, pony, mule, goat or hog of any description, and no cattle shall run at large upon any of the streets, lanes, open lots, commons or other unenclosed places within the city unless there is with such animal or cattle some person within ten feet and having the animal or cattle in charge. All such animals and cattle found running at large within the limits from which they are excluded shall be taken up by the humane officer and placed in a designated pound. The owner or person having charge of any horse, pony, mule, goat, hog, pig or cattle found at large in violation of this section shall be responsible for such violation and shall be subject to prosecution.
(Code 1975, § 4-2)
Secs. 10-52--10-70. Reserved.
DIVISION 2. IMPOUNDMENT
Sec. 10-71. Notice of impounding of animals.
It shall be the duty of the humane officer to notify in writing the owner or person having charge of a horse, pony, mule, goat, pig or cattle impounded under this article (unless such owner is not known to the humane officer) of the fact of the animal's being so impounded; but if such owner or person is not known to him, it shall be his duty forthwith to post two notices, one to be posted at the designated pound and one at the city hall. The notices shall contain a description of the animal impounded, the date and place of impounding such animal, a demand of the owner or person having charge to claim it at the pound, the date of posting the notices, the time limit within which the animal may be so redeemed, and the office address and telephone number of the humane officer.
(Code 1975, § 4-3)
Sec. 10-72. Redemption of impounded animals.
Any animal impounded pursuant to this division may be redeemed by its owner or custodian at any time before the sale or other disposition by paying to the humane officer the actual costs incurred by the city for care and sustenance of the animal, posting of notices, procurement of an auctioneer, and such other administrative costs, if any, as may have been incurred by reason of impoundment; provided, that the minimum redemption fee in any case shall be $5.00.
(Code 1975, § 4-4)
Sec. 10-73. Auction sale of impounded animals not redeemed.
If the owner of any horse, pony, mule, goat, hog, pig or cattle impounded under this article, or person having charge of such animal, shall not within five days after the giving or posting of the notices, appear and prove his right to the horse, pony, mule, goat, hog, pig or cattle so impounded, it shall be the duty of the humane officer to submit to the city manager a report setting forth the number and kind of animals impounded; the time when impounded; the name of the owner or person having charge of such impounded animal, if known; the date of giving or posting of notice, as required in this article, together with a copy of the notice given or posted; and that such animal still remains in the pound unclaimed. The city manager shall thereupon direct the humane officer to advertise and sell such impounded animal at public auction; but no sale shall be made until the humane officer gives three days' notice of the time and place of sale, such notice to contain a description of the animal impounded and unclaimed. One such notice shall be posted at the designated pound and one at the front door to the city hall.
(Code 1975, § 4-5)
Sec. 10-74. Disposition of unredeemed animals when sale at auction not feasible.
In any case wherein it appears to the humane officer that the sale of an animal at public auction as provided in section 10-73 would yield less than the costs of advertising and other expenses of holding such sale, he may, with the concurrence of the city manager, dispose of the animal by private sale or by releasing it to some responsible person who will agree to accept it; and if no such person or responsible donee is found, the animal may, after a period of ten days from the giving of notice as provided in section 10-71, be destroyed in an humane manner.
(Code 1975, § 4-6)
Sec. 10-75. Report of money received.
It shall be the duty of the humane officer to file with the city manager within 24 hours after the redemption or sale of any impounded animal a full report of all money received from such sale, the cost attending such sale, the amount of redemption fees paid, and the fine if any imposed by the court upon the owner or person having charge of such animal impounded and sold, and whether the fine and costs so imposed were paid.
(Code 1975, § 4-7)
Sec. 10-76. Payment of money received to city treasurer.
If the report required by section 10-75 is approved by the city manager, the humane officer shall, after deducting all expenses, fees and unpaid fines and costs imposed, pay all surplus money arising from the redemption or sale of any impounded animal to the city treasurer, taking his duplicate receipt, one copy to be retained by the humane officer and one copy delivered by him to the city auditor; and the treasurer shall place all money received from the redemption or sale of impounded animals to the credit of the general fund and account for such money as for other money in his charge.
(Code 1975, § 4-8)
Sec. 10-77. Payment of surplus proceeds to owners of animals sold.
All surplus money received by the city treasurer from the sale of impounded animals shall, by order of the city manager, be paid over to the owner, provided written demand is made of the manager by such owner within 30 days of the sale, and only after satisfactory proof that the person making the demand was the owner of the animal so sold.
(Code 1975, § 4-9)
Sec. 10-78. Interference with humane officer; releasing impounded animals.
No person shall hinder, delay or obstruct the humane officer or any other person in driving or transporting to the public pound any horse, pony, mule, goat, hog, pig or cattle liable to be impounded under the provisions of this article; nor shall any person hinder, molest, obstruct or interfere with the humane officer or other person in performing any duty imposed by any of the provisions of this article; nor shall any person break open or in any manner directly or indirectly aid or assist in breaking open the pound established by the city, or take or let any animal out of the pound without the consent of the person in charge of such pound.
(Code 1975, § 4-10)
Secs. 10-79--10-110. Reserved.
ARTICLE III. DOGS*
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*State law references: Dogs and cats, W. Va. Code § 19-20-1 et seq.
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DIVISION 1. GENERALLY
Sec. 10-111. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dog means dogs of either sex at least six months old.
(Code 1975, § 4-25)
Cross references: Definitions generally, § 1-2.
Sec. 10-112. Violations.
Violators of any section of this article may be summoned to the municipal court by the humane officer or a member of the city police department.
(Code 1975, § 4-40)
Sec. 10-113. Interference with persons acting under article; offenses concerning tags.
No person shall hinder, molest or interfere with any person authorized or empowered to perform any duty under this article; nor shall any person attach a license tag to any dog to which it was not issued or remove a license tag from the collar of any dog without the consent of its owner.
(Code 1975, § 4-32)
Sec. 10-114. Dogs to be confined and not permitted to roam at large; taking dogs on leash.
The owner of a dog or person harboring or keeping a dog shall not allow such dog to roam at large in the city. The owner of a dog or person harboring or keeping a dog shall confine such dog at the owner's premises, or the premises of such person harboring or keeping such dog. No person shall take any dog onto the streets, sidewalks, or public places of the city unless the dog shall be upon a leash or under effective control: Provided, that a person is permitted to allow a dog to roam at large in city designated dog parks, which have been designated as such by resolution passed by city council. Such resolution shall be kept on file in the office of the city clerk and the department of parks and recreation.
(Code 1975, § 4-28; Bill No. 7094, 9-7-2004)
State law references: Dogs running at large, W. Va. Code § 19-20-13 et seq.; confinement of female dogs, W. Va. Code § 19-20-22.
Sec. 10-115. Confinement of female dogs in heat.
Every person owning or harboring a female dog, whether licensed or unlicensed, shall keep such dog confined in a building or secure enclosure for 25 days during the period of estrus.
(Code 1975, § 4-39)
State law references: Similar provisions, W. Va. Code § 19-20-22.
Sec. 10-116. Removal of dogs from public gatherings.
No person shall keep any dog at a public gathering after any humane officer or other officer of the law has determined that the presence or conduct of the dog may jeopardize the health, safety or welfare of any person attending the gathering. Any such dog shall be promptly removed from such public place by its owner or keeper upon oral notification from the officer. Failure to obey this provision shall result in the dog's impoundment as provided in sections 10-161, 10-162 and 10-163. Nothing in this provision shall be construed to conflict with sections 10-111 and 10-114, nor shall this provision apply to any event or show involving dogs.
(Code 1975, § 4-28.1)
Cross references: Streets, sidewalks and other public places, ch. 102.
Sec. 10-117. Seizing or enticing dog; bringing dog into city for impounding or killing.
No person shall entice any properly licensed dog into any enclosure for the purpose of taking off its collar or tag, or, for such purpose, decoy or entice any dog out of the enclosure or house of its owner or possessor, or seize or molest any dog while held or led by any person, or bring any dog into the city for the purpose of impounding and killing the dog.
(Code 1975, § 4-33)
Sec. 10-118. Keeping vicious dog.
No person shall own, keep or harbor any dog known by him to be vicious, dangerous or in the habit of biting or attacking persons, whether or not such dog wears a tag or muzzle; and upon satisfactory proof that such dog is vicious, dangerous or in the habit of biting or attacking persons or other dogs or animals, the humane officer may cause such dog to be killed.
(Code 1975, § 4-34)
State law references: Vicious dogs, W. Va. Code §§ 19-20-20, 19-20-21.
Sec. 10-119. Muzzling dogs under proclamation by health commissioner.
Whenever it shall be made to appear to the health commissioner that there are good reasons for believing that any dog within the city is mad, he may issue a proclamation requiring that all dogs shall, for a period to be defined in the proclamation, wear good, substantial muzzles, securely put on, so as to prevent them from biting or snapping; and any dog going at large, during the period defined by the health commissioner, without such muzzle shall be taken by the humane officer and impounded, as provided in this article.
(Code 1975, § 4-35)
State law references: Vaccination of dogs, W. Va. Code § 19-20A-1 et seq.
Sec. 10-120. Keeping noisy dog.
No person shall own or keep within the city any dog which shall, by barking, howling, squalling, crying or in any other manner whatsoever, disturb the comfort or quiet of any reasonable person.
(Code 1975, § 4-36)
Sec. 10-121. Inducing dogs to fight or annoy persons or animals.
No person shall entice, induce, urge or cause any dogs to engage or participate in a fight; and no person shall induce or cause any dog to run after, bark at, frighten or bite any person or animal.
(Code 1975, § 4-37)
State law references: Animal fights, W. Va. Code § 61-8-19a.
Sec. 10-122. Observation of dog biting a person.
Every person owning or harboring a dog in the city, whether licensed or unlicensed, which shall bite any person shall forthwith place the dog, at his own expense, in the custody and care of a licensed veterinarian and shall comply with the provisions of subsection 10-14(a).
(Code 1975, § 4-38)
State law references: Quarantine of biting dogs, W. Va. Code § 19-20-9a.
Secs. 10-123--10-140. Reserved.
DIVISION 2. LICENSE*
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*State law references: Taxation of dogs, W. Va. Code § 19-20-1 et seq.
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Sec. 10-141. Annual license required; application for license and payment of license fee; license tag.
(a) Every person owning or harboring a dog in the city shall apply annually, on or before July 1, to the city collector for a license for each dog so owned or harbored, and at the time of application shall present and file with the collector information whether the dog is a male, unspayed female or spayed female. After the payment of the license fee set forth in section 10-142, the collector shall issue to such person a license and a copy of this article, together with an official license tag, which tag shall be fastened to the collar of the dog so licensed and shall be worn by such dog at all times while off the premises of its owner or custodian.
(b) In the event of a dog attaining the age of six months, or being acquired or brought into the city after July 1 of any year, a license shall be obtained for such dog immediately after the date such dog attains the age of six months or is acquired or brought into the city.
(Code 1975, § 4-26)
Sec. 10-142. License fees; expiration of licenses.
The license fee for a dog license shall be $3.00 for each male, spayed female dog or unspayed female dog. The license shall expire June 30 following the date of issue; provided, that the license fee mentioned shall not apply to dogs in a licensed kennel or veterinary hospital.
(Code 1975, § 4-27)
Secs. 10-143--10-160. Reserved.
DIVISION 3. IMPOUNDMENT*
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*State law references: County impoundment of dogs, W. Va. Code § 19-20-8.
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Sec. 10-161. Impounding dogs.
It shall be the duty of the humane officer to cause to be seized and impounded any dog at large in the city, whether licensed or unlicensed. Any dog so seized shall be impounded at the Charleston Humane Association Animal Shelter unless and until the mayor shall designate a different shelter.
(Code 1975, § 4-29)
Sec. 10-162. Retention and disposition of impounded dogs; notice to owners.
Any dog seized and impounded as provided in section 10-161 shall be detained for a period of five days, and if not redeemed by the owner or by the person harboring such dog within the period applicable, shall be disposed of in such manner and by such person as the health commissioner names and designates; provided, that whenever the name of any person appears on the collar of any dog so seized, or any dog so seized bears a tag as provided in section 10-141, such person or owner shall forthwith be notified of such seizure, by telephone where practicable, but in all cases by notice in writing addressed to him and deposited in the United States mail.
(Code 1975, § 4-30)
Sec. 10-163. Redemption of impounded dogs; redemption fees and boarding charges; record of offenses by dog owners.
(a) The owner of a dog bearing a tag as provided in section 10-141, which has been seized or impounded as provided in section 10-161, shall be entitled to redeem the dog by paying to the city collector pursuant to a statement furnished such owner by the humane officer in charge of the dog a redemption fee of $5.00; for a second offense, a redemption fee of $10.00; and for a third or subsequent offense, a redemption fee of $15.00.
(b) Whenever more than one dog belonging to the same owner has been impounded on the same day, a single offense shall be deemed to have occurred. Otherwise, each dog belonging to the same owner which has been impounded on separate days shall be deemed to constitute separate offenses. The humane officer shall maintain records of offenses committed by dog owners, and such records shall be available for public inspection during regular office hours. In addition to the redemption fee, a boarding fee for each dog impounded shall be charged by the humane officer at the rate of $1.50 per day or fraction of a day that the dog has been impounded.
(c) The owner of or person harboring a dog not bearing a tag which has been seized or impounded shall be entitled to redeem his dog upon establishing his title to the dog to the satisfaction of the humane officer in charge of the dog, by securing a license for the dog (if such dog is not licensed), and by paying to the city collector pursuant to a statement furnished such owner or person by the humane officer in charge of the dog a redemption fee of $10.00 plus $1.50 for each day or fraction of a day that the dog has been impounded.
(Code 1975, § 4-31)
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