Loading...
(a) No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporate limits of the Municipality.
(Passed 1-17-12.)
(a) Purpose: The City of Charles Town is vested with the authority and responsibility for protection of the health, safety, and welfare of its citizens. The City has directly experienced an increased problem of deer overpopulation in some of the rural annexed areas, more specifically defined as agriculturally-zoned land that was annexed into the City after 1999 that continues, without interruption, to be actively used for agricultural purposes. Deer exist in these areas of the City in such numbers as to pose an unacceptable risk of disease, vehicle damage, crop damage, and property damage. The City Council has determined two measures that would alleviate the problem of deer overpopulation: (1) allowing the issuance of crop damage deer permits through the West Virginia Department of Natural Resources (WVDNR) and (2) allowing these areas to be hunted in accordance with current WVDNR game laws.
(b) Provisions:
(1) Appropriate deer permits must be obtained by the permit holder from the WVDNR and all hunt participants shall comply with all permit requirements and all laws and regulations of the State of West Virginia.
(2) Crop Damage Permits (January - September)
A. Crop Damage Permit Holders must register their permits, in writing, with the City of Charles Town Chief of Police and give the Chief written notice, not less than twenty-four (24) hours prior to the commencement of any hunt, identifying all individuals who will participate in the hunt, the duration of the hunt, and the area to be encompassed by the hunt. The location of the hunt must provide sufficient specificity so that the Chief and the Charles Town police department staff may readily identify the area on a map of the City and respond to inquiries in regard thereto. This registration must be done in person, by at least one representative from each group of hunters, no less than once per calendar year, after receiving current WVDNR permits, and prior to the initial hunt in any calendar year.
B. Jefferson County Dispatch must also be notified, by the permit holder, via the non- emergency number when permit holders are arriving and departing a hunt area to execute crop damage permits. Permit numbers must be referenced when calling Jefferson County Dispatch.
C. Only archery and crossbows that comply with the rules and regulations of the WVDNR may be used while executing a crop damage permit.
(3) Yearly Hunting Permits (September - December)
A. Eligible persons will also be permitted to hunt the rural annexed areas from September to December in compliance with the WVDNR yearly hunting regulations.
B. Archery, crossbows, and shotguns that comply with the rules and regulations of the WVDNR may be used while executing a yearly hunting permit.
(4) Hunting may only occur between sunrise and sunset.
(5) Rifles may not be used for hunting at any time on rural annexed land.
(6) All hunters must shoot from an elevated position such as a tree stand that is no less than ten (10) feet above the ground while facing toward the center of the designated area.
(7) Permit holders will be responsible for the removal and cleaning up of all deer carcasses and remains resulting from the controlled hunt within twenty-four (24) hours of the hunt.
(8) In the event that a wounded animal escapes the hunt area, the permit holder shall contact the Charles Town police department not later than at the conclusion of the hunt and inform the staff of the location outside the hunt at which the wounded animal is believed to be located. The permit holder will not leave the hunt area in pursuit of a wounded animal.
(c) Penalties. Any violation of this Section shall be punishable by a fine of up to five hundred dollars ($500.00) for each offense.
(Ord. 2021-005. Passed 10-12-21.)
(a) No person shall trap, hunt, shoot, or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests, provided, however, if starlings 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 Council, then in such event, Council shall meet with representatives of the Audubon Society, Bird Club, Garden Club or Humane Society, or as many of such Clubs as are found to exist in the City, after having given at least three days actual notice of the time and place of the meeting to the representatives of such Clubs.
(b) If as a result of the meeting no satisfactory alternative is found to abate such nuisance in the opinion of Council, then the birds may be destroyed in such numbers and in such manner as is deemed advisable by Council under the supervision of the Chief of Police.
(Passed. 2-4-80.)
(a) Livestock as used in this section shall be defined as cattle, horses, ponies, swine (including pot bellied pigs), sheep, goats, llamas, alpacas, and any other animals used or to be used in the production of food, fiber or other commercial products.
(b) No person shall raise, maintain or keep hogs, swine or shoats within the City.
(d) Livestock Restricted Within the City Limits. No person shall keep or maintain livestock within the City limits unless the subject property is large enough to board such an animal with a minimum of one acre per animal. Housing of such animals shall comply with Section 1102.12
.
(e) Rabbits shall be excluded from the requirements of this section but only if said animals are kept indoors and not permitted to run at large. There shall be a maximum of five rabbits kept in any single household.
(f) Compliance with this section is not abrogated by the designation of any animal or poultry as a pet and not livestock.
(Passed 10-20-08.)
(Passed 10-20-08.)
(a) When any animal shall die within the City so as to become a nuisance therein, the person owning the same and knowing of its death, whether it shall have died on his premises or otherwise, shall dispose of such dead animal as required by the health officer. Failure to comply with the provisions of this section shall constitute a misdemeanor.
(b) In all cases of dead animals of any kind being found upon the premises of any person within the City, the owner or occupier thereof shall forthwith remove or bury same; and after notice has been duly given such person, upon his failure to do so, he shall be guilty of a misdemeanor, and in addition he shall be liable for the expense incurred by the health officer in having same buried or removed.
(c) No person shall throw any dead animal, or the fleshings, of animal hides, or any other substance likely to pollute the water or obstruct the channel, into Evitt's Run within the City, or north or west of the City within one mile of the corporate limits.
(a) It shall be deemed a nuisance for any hog, pig, goat, pony, horse, mule, colt, cow or any other livestock to wander or stray unattended on any street or alley within the City. Any person owning or keeping any such animal and permitting it to so run at large, or to wander or stray unattended, shall be guilty of a misdemeanor.
(b) It shall be the duty of the police to take up and impound in some secure place any animal running at large, and if the fine imposed upon such owner or keeper shall not be paid within five days after notice given, the police shall sell such animal at public auction for payment of such fine, costs and expenses of keeping such animal prior to day of sale.
(c) It shall be unlawful for the owner of any chickens, guineas, ducks, geese, turkeys or other fowl to permit the same to run at large in any of the streets of the City or on any lot or premises not in the possession or under the control of the owner of such chickens, guineas, ducks, geese, turkeys or other fowl.
(a) No person shall keep or cause to be kept on premises owned by him or under or subject to his control, any kind of domestic fowl or pigeons, within thirty feet of any street, sidewalk or structure owned by another and used for human habitation, occupation or assemblage, whether such structure be in the same or an adjacent block or square, and no domestic fowl or pigeons shall be kept within the City by any person otherwise than in compliance with the following conditions: The house in which such fowl or pigeons are kept shall be dry, well ventilated, and with windows so placed, if possible, to admit sunlight; it shall be kept well whitewashed within and shall be cleaned at least once a week between November 1 and May 1, and at least twice a week between May 1 and November 1 of each year, and oftener if necessary or so ordered by the City Inspector. All perches shall be movable and kept clean. All chicken nests shall be movable and clean, and aired and sunned at frequent intervals. Drinking fountains shall be clean and supplied at all proper times with clean water. The surface of the yard shall be kept clean and free from all decaying animal or vegetable matter or odors; provided, however, that nothing herein shall apply to such fowl or pigeons confined in coops in provision stores or stores regularly established for the sale of fowl or pigeons or to fowl or pigeons brought upon the premises and kept for a brief period for dressing and consumption.
(b) The number of domestic fowl kept of any premises in the City shall not exceed twenty.
(c) The keeping of domestic poultry shall be limited to one-half acre of net buildable site area defined in the Zoning Ordinance of the City of Charles Town.
(Passed 10-20-08.)
Loading...