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(a) Definitions. As used in this section:
(1) "Animals" includes cats, dogs, rabbits, guinea pigs, horses and ponies, and other wild or domestic animals, including snakes; male and female shall be included of each kind.
(Ord. 90-04. Passed 6-19-90.)
(2) "Birds" includes chickens, ducks, geese, turkeys, guinea fowl and pigeons and other birds, wild or domestic, whether commonly kept in cages or not; male and female shall be included of each kind.
(3) "At large" means being away from the property of the owner, unaccompanied by a keeper or attendant, or being on the property of another person without permission of the property owner of such property.
(b) All animals and birds shall be kept on the premises of the owners of such animals or birds, except when they may lawfully be upon the public streets of the Municipality or elsewhere upon public property under proper supervision of a keeper or attendant, or upon the property of another person with the express consent of such other person.
(c) Any animal or bird found at large may be captured by Municipal officials and impounded, after which impounding an owner may reclaim such animal or bird by proving ownership, and paying the costs of capture and impounding, which costs shall be not less in any case than five dollars ($5.00). Any animal or bird impounded by the Municipality and not claimed by the owner, accompanied by payment of all costs, within ten days after impounding may be disposed of by sale or otherwise by the Municipality. All moneys received from the sale of any animal or bird as herein provided for may be paid to the person who was the owner prior to impounding, less costs of impounding, which shall be not less than five dollars ($5.00) in any case.
(d) Cats shall not be considered as at large hereunder, unless while away from the premises of their owner they damage or destroy property not belonging to the owner of such cat or cats, or create a nuisance or excessive noise while away from the owner's premises.
(a) No person shall keep, house, breed or pen any cattle or swine within the corporate limits of the Municipality. No person shall breed animals or provide or operate a kennel for animals, as animals are defined in Section 505.07(a)(1), within 300 feet from any public alley, street or dwelling house.
(b) The foregoing prohibitions shall not apply to any office or business establishment of a licensed doctor of veterinary medicine or a retail mercantile establishment for the sale of household pets and supplies. In no event shall this latter exception, relating to retail household pet stores, be construed so as to include kennels or breeding operations in, on or adjacent to residential property within the Municipality.
(Ord. 90-05. Passed 7-3-90.)
(a) Leash and Muzzle. No person shall permit a registered pit bull or wolf hybrid to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six feet in length. No person shall permit a Pit Bull Dog or wolf hybrid to be kept on a chain, rope or other type leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all Pit Bulls or wolf hybrids on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dogs from biting persons or other animals.
(b) Confinement. All registered Pit Bull Dogs or wolf hybrids shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided above. Such pen, kennel or structure must have secured sides and a secure top attached to the sides. All structures used to confine registered Pit Bull Dogs or wolf hybrids must be locked with a key or combination lock when such animal is within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house Pit Bull Dogs or wolf hybrids must comply with all zoning and building regulations of the Village. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(c) Confinement Indoors. No Pit Bull Dog or wolf hybrid may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit the building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(d) Signs. All owners, keepers or harborers of registered Pit Bull Dogs or wolf hybrids must within ten days of the effective date of this section display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(e) Penalty. If the Municipal Court shall find, as a result of the hearing upon a complaint, that any dog is vicious or dangerous, as provided under this section, it may order such dog to be destroyed. (Ord. 2006-06. Passed 8-15-06.)
(a) It shall be unlawful to place or maintain backyard chickens in any area unless the following conditions and requirements are met:
(1) A Backyard Chicken License must be approved by the Mayor and Planning Commission. A non-refundable application fee shall be submitted with the Backyard Chicken license application. City Council shall set the amount of such fee by resolution.
(2) No more than six (6) backyard chickens are permitted per dwelling unit or school.
(3) Roosters are prohibited.
(4) Other poultry or fowl are prohibited. No person may own or keep any other fowl, including ducks, quail, geese, pigeons or turkeys.
(5) Backyard chickens are required to be located within a designated chicken coop and chicken run that shall meet the following requirements:
A. The chicken coop and chicken run shall be located in the rear or backyard of a residential or school property.
B. Neither the coop nor run shall be located between the rear of the principal structure and the front yard lot line.
C. The coop shall have a minimum five (5) feet setback from any side or rear property line, except as permitted.
D. Coops shall be predator resistant with a solid covered roof.
E. Water shall be provided onsite and accessible to chickens at all times.
F. During daylight hours, the chickens shall also have access to a chicken coop,
G. From dusk until dawn, chickens shall be protected from predators by being enclosed within a chicken coop.
H. The maximum chicken coop size is 100 square feet, except as permitted.
I. A minimum of four (4) square feet of space per chicken shall be provided in both the coop and the run.
J. The maximum height of the coop shall be no more the seven (7) feet at the highest point of the roof, except as permitted.
K. No chickens, coop or run shall be located in common areas of a multi-unit, multi-use, or multi-family property.
L. Existing structures on a property as of October 15, 2015 that do not meet the setback requirements and/or exceed the maximum size and height requirements may be used for the purpose of a chicken coop provided the structure is located in the rear of the property and said structure is approved as part of an individual's Backyard Chicken License.
(6) Chicken coops and chicken runs shall be maintained and shall be regularly cleaned to control dust, odor, and waste and not constitute a safety hazard, or health problem to surrounding properties.
(7) No on-site slaughtering is allowed.
(8) Chicken feed shall be stored in a reasonable, airtight, predator proof container.
(9) Chicken waste shall only be stored in a reasonable, airtight, predator proof container.
(10) Chicken licenses will only be issued to single family residential dwellings and not to mobile homes, condominium units or town houses.
(b) Commercial Uses Prohibited. Chickens shall be kept as pets for personal use only. No person shall sell or barter eggs or engage in chicken breeding or fertilizing production for commercial purposes. The slaughtering of chickens is prohibited.
(c) Penalties for Violations. If the regulations set forth by the Village of Barboursville are not complied with, the license may be revoked within ten (10) business days notice by the Mayor. Once a permit is revoked a permit will not be reissued for three (3) years.
Any person violating this provision shall be subject to forfeiture and for each violation fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) plus statutory costs. (Ord. 2015-6. Passed 10-6-15.)
(EDITOR'S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)
(a) (1) Whoever violates Section 505.01(a) shall be fined not less than three hundred dollars ($300.00) nor more than two thousand dollars ($2,000) or imprisoned not more than thirty days, or both, for a first offense. Any person convicted of a second or subsequent violation of Section 505.01(a) shall be imprisoned for not more than thirty days or fined not less than five hundred dollars ($500.00) nor more than three thousand dollars ($3,000), or both. The incarceration set forth in this subsection shall be mandatory unless the provisions of subsection (a)(2) are complied with.
(2) A. Notwithstanding any provision of this Code to the contrary, no person who has been convicted of a violation of the provisions of Section 505.01(a) may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed such evaluation. Unless the defendant is determined by the court to be indigent, he or she shall be responsible for the cost of said evaluation.
B. For any person convicted of a violation of subsection (a) of this section, the court may, in addition to the penalties provided in this section, impose a requirement that he or she complete a program of anger management intervention for perpetrators of animal cruelty. Unless the defendant is determined by the court to be indigent, he or she shall be responsible for the cost of the program.
(3) In addition to any other penalty which can be imposed for a violation of Section 505.01, a court shall prohibit any person so convicted from possessing, owning or residing with any animal or type of animal for a period of five years following entry of a conviction. A violation under this subsection is punishable by a fine not exceeding two thousand dollars ($2,000) and forfeiture of the animal.
(b) Whoever violates Section 505.01(b) shall be fined not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000).
(WVaC 61-8-19)
(c) Whoever violates Section 505.02 shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both. In addition the Humane Officer may remove the dog or cat involved and place it in the pound and such dog or cat shall not be returned to the owner or perpetrator of the act of cruelty, but shall be put up for adoption to a desirable home or given into the care of a humane society or upon the recommendation of a licensed veterinarian shall be humanely destroyed.