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505.09 SANITARY CONDITIONS.
   (a)   Each owner or occupant of premises within the City whereon any dog, cat or other pet animal which may lawfully be harbored or maintained within the City shall maintain the pen or other enclosure or place where such dog, cat or other pet animal is kept in a healthful and sanitary condition at all times, free of offensive substances and liquids, at such place and in such manner as not to constitute a hazard to the health or safety of any person or an annoyance to persons in the neighborhood thereof.
   (b)   The owner or person in charge or control of any dog, cat or other animal which defecates upon any public sidewalk, walkway, entranceway, street, lane or in any public place within the corporate limits of the City or on any private or public property, including any park, shall immediately remove all feces and place it in a proper receptacle. Persons medically requiring the need of a “seeing eye dog” while relying upon a dog specifically trained for this purpose shall be exempt from compliance with this section.
(Ord. 6-96. Passed 9-9-96.)
505.10 BIRD SANCTUARY.
   (a)   The entire area embraced within the corporate limits of the City is hereby designated as a bird sanctuary.
   (b)   No person shall trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or rob bird nests or wild fowl nests; provided, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menance to health or property in the opinion of the proper public health authorities, then in such event such 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 such clubs.
   (c)   If as a result of that meeting no satisfactory alternative is found to abate such nuisance, then the 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 of the City. (1976 Code Sec. 4-9)
505.11 POISONING.
   No poisoned meat or any poisonous substance shall be cast into any of the streets, public places, lots or buildings in the City for the purpose of destroying dogs or other animals. (1976 Code Sec. 4-11)
505.12 REGULATIONS FOR ANIMALS IN CITY PARKS.
   (a)   No person shall bring within the park, or permit, have or keep within the park any dog, cat or other animal destructive to birds or other wildlife, unless they are controlled at all times on a leash not more than six feet long.
   (b)   The owner or person in charge or control of any dog, cat or other animal which defecates upon any lawn, tree, shrub, plant or water within the park shall immediately remove all feces and place it in a proper receptacle.
   (c)   Persons medically requiring the need of a “seeing eye dog” while relying upon a dog specifically trained for this purpose shall be exempt from compliance with this section.
(Ord. 7-96. Passed 9-9-96.)
505.13 URBAN DEER MANAGEMENT.
   It shall be unlawful to hunt deer in the City of Bridgeport with a bow and arrow except under the following circumstances and regulations:
   (a)    The City of Bridgeport Police Department is authorized to issue City Urban Deer Hunting Permits. A permit shall not be issued and no hunting shall be allowed without possessing the following and meeting the conditions listed below:
      (1)    Hunter shall have completed the Hunter's Education Course, or equivalent, and pass standard bow proficiency test held during pre-hunt meeting. The requalification of the proficiency test will be at the discretion of the Chief of Police or his designee.
      (2)    Hunter shall be at least eighteen (18) years of age at the time of application to be eligible to participate in Urban Deer Hunt and possess a valid State of West Virginia Hunting License.
      (3)    Hunter shall be a resident of the State of West Virginia and show valid proof of residency for the last six (6) months OR a legal landowner of real property inside the Bridgeport city limits (at least two (2) contiguous acres) and provide valid proof of such ownership (such as real estate property tax receipt) if not a resident of the State of West Virginia.
      (4)    Hunter shall attend the pre-hunt meeting each year and register with the City of Bridgeport Police Department with name, address, hunter education card, photo identification, and proficiency test certification (if applicable).
      (5)    No ATV/Quads shall be permitted (unless specifically granted by landowner).
      (6)    Hunter shall use an elevated stand of at least six (6) feet in elevation, or an approved elevated hunting area by the Chief of Police, on Urban Hunting Tract(s) and all shots shall be made in downward trajectory.
      (7)    A designated Urban Hunting Tract must consist of at least two (2) contiguous acres. This acreage may be that of a single landowner or a combination of landowners. In any event, the acreage shall be contiguous. Resident landowners may hunt their own property (of at least two (2) contiguous acres) with Education Course and proficiency test, as long as all other requirements of the City Urban Deer Hunt are met.
      (8)    Hunter shall have written permission of landowner to hunt on any tracts of land designated as an Urban Hunting Tract. Each hunter shall carry written permission from the landowner or his/her agent while hunting on private property.
      (9)    City Permits shall only authorize hunting of deer by means of legal archery bow and arrow. Hunting with a cross-bow (only Y License) is permissible if permitee is licensed by the State of West Virginia.
      (10)    The State of West Virginia's Division of Natural Resources made significant changes in 2012 by expanding bag limits in Urban Deer Hunts to seven (7) deer per season, and only two (2) of those can be bucks. The City of Bridgeport's Urban Deer Hunt shall require the first two deer to be antlerless, followed by a buck, then 3 more antlerless deer, followed by a buck, or the hunter may choose seven (7) antlerless deer if desired.
      (11)    Hunters shall carry a special, non-transferable City hunting permit/license issued during the pre-hunt meeting on his/her person at all times while hunting within city limits. Lost permits may be replaced by calling the Bridgeport Police Department.
      (12)    Sunday hunting shall be permitted on designated City owned lands. Sunday hunting shall be permitted on Private Lands only when Hunter has written permission of the landowner, or all landowners where the Urban Hunting Tract is a combination of one or more tracts, specifically authorizing hunting on Sundays. Landowner in its sole discretion may permit hunting on all Sundays during the season, only on specific Sundays or no Sundays.
      (13)    No hunting shall be allowed within one hundred (100) feet of a roadway. No hunting on Halloween or the date designated by Council for Trick or Treat.
      (14)    Special Urban Deer Hunting Season shall begin on the second Saturday in September as designated by the State of West Virginia's Division of Natural Resources and closes on the last day in December.
      (15)    All laws of the State of West Virginia, its rules and regulations governing hunting shall apply to the City of Bridgeport's Urban Deer Hunt.
      (16)    During this special Urban Deer Hunting Season, hunters are permitted to take seven (7) deer, two (2) which can be bucks, on City permits which shall not apply to the regular archery deer season bag limit.
      (17)    City issued field tags shall be filled out entirely and attached to the deer or be in the hunter's possession before transporting deer.
      (18)    Any deer harvested in the Bridgeport Urban Hunt will be checked in according to state law. The harvested deer will be recorded on a ledger at the Bridgeport Police Department.
      (19)    Hunters may donate harvested deer to the "Hunters Help the Hungry Program" through the appropriate participating vendors.
      (20)    All hunters participating in the Bridgeport Urban Hunt must fulfill the (7) seven deer harvest requirement prior to using their state license.
      (21)    All deer killed in the City must be checked pursuant to the City permit.
      (22)    A Permitee shall make every reasonable effort to track a wounded deer for the purpose of completing the harvest and recovering the carcass. In the event the deer is not recovered or leaves said Urban Hunting Tract, the Permitee shall immediately notify the Bridgeport Police Department and provide sufficient information to enable the City of Bridgeport to find and retrieve the deer. Permitee shall be responsible for disposal of all deer harvested within the City of Bridgeport. Permitee shall be responsible for proper field dressing techniques with regard to deer carcass and disposal of entrails.
      (23)    Any person exercising privileges granted pursuant to a City Permit shall voluntarily assume full responsibility for any risk of loss, property damage, or personal injury, including death, caused or incurred by the Permitee and shall indemnify and hold the City of Bridgeport harmless from any such claims.
      (24)    Any person exercising privileges granted pursuant to a City Permit on an Urban Deer Hunting Tract which is owned or controlled, in whole or part, by the City of Bridgeport shall, without need for further evidence of assent, be deemed to have released, waived, discharged and to have covenanted not to sue the City of Bridgeport for any loss, damage, or injury, including death, that may be sustained, whether caused by the negligence of the City, the condition of the property, or otherwise, while participating in Urban Bow Hunting activities.
      (25)    Notwithstanding any other provision contained herein, the Police Chief of the City of Bridgeport shall retain the absolute discretion, to issue, deny, or revoke a City Permit, or to limit or condition the same in any manner, for any reason.
   (b)    The Bridgeport Police Chief may revoke the Urban Deer Hunting Permit if a hunter violates any part of this Ordinance. Upon revocation of the Permit, the permitee may appeal the decision to the governing body of the City of Bridgeport.
   (c)    A violation of this section shall be punishable by fine not to exceed five hundred dollars ($500.00). (Passed 8-13-18.)
 
505.14 PROHIBITION OF WHITETAIL DEER FEEDING.
   (a)   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.
      (1)   "Whitetail Deer" means a ruminant animal having deciduous antlers, usually in the male only, or no antlers, usually referred to as does.
      (2)   "Feed" or "feeding" means the knowing, intentional act of furnishing, or otherwise making available, food or other substances which are likely to be consumed by whitetail deer.
      (3)   "Natural" means food or other substances consumed by whitetail deer produced by, or existing in nature, not artificial.
 
   (b)   Prohibition of Feeding. No owner or occupier of land within the City of Bridgeport shall knowingly or intentionally feed, cause to be fed or provide or make available food or other substances for the consumption by whitetail deer within the City of Bridgeport, either on private property or on public property. Feeding whitetail deer the following food is expressly prohibited: salt, corn, apples, cabbage, potatoes, acorns, oats, carrots, beets, straw, hay, fodder or any combination thereof.
 
   (c)   Exceptions.
      (1)   This section shall not apply to any corn, apples, cabbage, potatoes, acorns, oats, carrots, beets, straw, hay, fodder or any combination thereof which is natural to that particular land owned or occupied where feeding of whitetail deer is occurring. For example, by way of illustration only, this section shall not apply to apples or acorns generated from an apple tree or oak/acorn tree located upon the subject premises or carrots and corn grown in a garden located upon the subject premises.
      (2)   This section shall not apply to birdfeeders used for the intentional feeding of birds.
 
   (d)   Penalty. Any person violating any provision of this section shall be deemed to have committed a misdemeanor, subject to the payment of one hundred dollars ($100.00) plus costs, for the first violation.
   Any repeat offense shall be subject to increased fines as follows:
      (1)   First repeated offense shall be one hundred and fifty dollars ($150.00) plus costs.
      (2)   A fine for second repeated offense and any subsequent offense shall be two hundred dollars ($200.00) plus costs.
 
   (e)   Severability. The subsections of this section shall be deemed to be severable and should any subsection, paragraph, or provision hereof be declared by the Courts to be unconstitutional or invalid, such holding shall not affect the validity of this section as a whole.
(Ord. 04-10. Passed 9-27-10.)
505.99 PENALTY.
   (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 505.015 shall be fined not more than one thousand dollars ($1,000). 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. (WVaC 61-8-19a)