505.01 Cruelty to animals.
505.015 Cruelty to dogs and cats.
505.02 Animals prohibited; pigeons.
505.03 Maintenance of prohibited animals and fowl.
505.04 Vicious and dangerous animals and reptiles.
505.05 Noisy animals.
505.06 Running at large.
505.07 Abandonment.
505.08 Slaughtering.
505.09 Sanitary conditions.
505.10 Bird sanctuary.
505.11 Poisoning.
505.12 Regulations for animals in City parks.
505.13 Urban deer management.
505.14 Prohibition of whitetail deer feeding.
505.99 Penalty.
CROSS REFERENCES
Authority to regulate the keeping of animals - see W. Va. Code 8-12-5(26)
Authority to prevent ill-treatment of animals - see W. Va. Code 8-12-5(27)
Domestic animal tax - see W. Va. Code 8-13-10
Disposing of dead animals - see W. Va. Code 16-9-3
Diseases among domestic animals - see W. Va. Code Art. 19-9
Dogs generally - see W. Va. Code Art. 19-20
Vaccination of dogs - see W. Va. Code Art. 19-20A
Hunting - see W. Va. Code Art. 20-2
(a) No person shall intentionally, knowingly or recklessly:
(1) Mistreat an animal in a cruel manner;
(2) Abandon an animal;
(3) Withhold,
A. Proper sustenance, including food or water;
B. Shelter that protects from the elements of weather; or
C. Medical treatment, necessary to sustain normal health and fitness or to end the suffering of any animal;
(4) Abandon an animal to die;
(5) Leave an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result;
(6) Ride an animal when it is physically unfit;
(7) Bait or harass an animal for the purpose of making it perform for a person’s amusement;
(8) Cruelly chain or tether an animal; or
(9) Use, train or possess a domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal.
(b) No person, other than a licensed veterinarian or a person acting under the direction or with the approval of a licensed veterinarian, shall knowingly and willfully administer or cause to be administered to any animal participating in any contest any controlled substance or any other drug for the purpose of altering or otherwise affecting such animal's performance.
(c) Any person convicted of a violation of this section shall forfeit his or her interest in any such animal and all interest in such animal shall vest in the humane society or county pound of the county in which the conviction was rendered, and such person shall, in addition to any fine imposed, be liable for any costs incurred or to be incurred by the humane society or county pound as a result.
(d) For the purpose of this section, "controlled substance" has the same meaning ascribed to it by West Virginia Code 60A-1-101(d).
(e) The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management, nor to humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C. Section 2131 et seq. and the regulations promulgated thereunder, as both such statutes and regulations are in effect on the effective date of this section.
(WVaC 61-8-19)
No person shall cruelly, or needlessly beat, torture, torment, mutilate, kill or willfully deprive necessary sustenance, to any dog or cat, irrespective of whether any such dog or cat be his or her own or that of another person. No person shall impound or confine any such dog or cat in any place unprotected from the elements or fail to supply the same with a sufficient quantity of food and water, or abandon to die any maimed, sick or diseased dog or cat or be engaged in or employed at dogfighting, or putting one dog or cat to fight against another dog or cat or any similar cruelty to any dog or cat, or receive money for the admission of any person, or use, train or possess a dog or cat for the purpose of seizing, detaining or maltreating any other dog or cat. (WVaC 61-8-19a)
No person shall keep, harbor or maintain or knowingly permit to be kept, harbored or maintained within the City any domestic fowl or pigeon or any swine or other animal including, but not limited to, cattle, horses, mules, ponies or other animals which cannot be or ordinarily are not kept and maintained as house pets; provided, however, that the keeping, harboring or maintaining of homing or racing pigeons shall not be prohibited so long as the person keeping,
harboring or maintaining homing or racing pigeons complies with each of the following provisions:
(a) Such pigeons are not kept within thirty feet of any structure owned by another and used for human habitation, occupation or assemblage, whether such structure is in the same or in adjacent block or square;
(b) All such birds shall be registered and shall wear a seamless leg band;
(c) The structure in which such homing or racing pigeons are kept shall be dry, well ventilated and with windows so placed, if possible, to permit sunlight; it shall be cleaned at least once per week between December 1 and May 1 and at least twice a week between May 1 and December 1 of each year, and more often if necessary if so ordered by appropriate authority;
(d) The floor of the structure in which the homing or racing pigeons are kept shall be covered with sand or some other type of drying agent;
(e) Feeders shall be used for feeding the homing or racing pigeons and pigeon feed shall not be thrown on the floor of the structure in which the pigeons are kept;
(f) No more than ten pigeons shall be kept on any premises;
(g) Any building or structure erected for the housing of pigeons shall comply in all respects with the appropriate requirements of the Planning and Zoning Code;
(h) In no event shall pigeons be maintained in such a fashion that the structure in which the birds are maintained becomes offensive to view or in some other manner becomes a nuisance or in such a fashion that an odor is allowed to exist which is detectable on adjoining property.
(4-24-1984)
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