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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. 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 the proper health authorities of the City, 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 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 such meeting to the representatives of such clubs. If as a result of such meeting no satisfactory alternative is found to abate such nuisance, then such birds may be destroyed in such numbers and in such manner as is deemed advisable by such health authorities under the supervision of the Chief of Police.
(1968 Code §6-7)
(1968 Code §6-7)
No owner of any dead animal shall permit it to remain within the City longer than six hours after having been notified by the City Manager or other officer of the City to remove same. Anyone convicted of violating the provisions of this section shall be punished as provided by Section 501.99, and in all cases of neglect or refusal of any such person to comply with the order of the City Manager or other officer to remove any such dead animal, the same shall be removed by direction of the City Manager and the costs or expense thereof shall be added to any fine imposed under this section.
(1968 Code §16-8)
(a) Definitions. For purposes of this section the following terms shall have the assigned meaning.
(1) "Livestock" means cattle, goats, mules, hogs, sheep, horses and poultry.
(2) “Keeping” means to maintain, tend, harbor, feed and shelter by stable, barn, pen or other enclosure.
(b) Nuisance. The keeping of livestock, except as regulated herein, is hereby declared a public nuisance because of the resulting sounds, smells, filth and vermin detrimental to the peace, comfort and health of numerous surrounding inhabitants, and protection of the public way.
(c) Regulation. No person shall keep livestock within fifty yards of any dwelling, church, school, hospital or any other building which, from time to time, is used for human occupancy, or any public street. Provided, however, that in the sound discretion of the Board of Adjustment, livestock may be kept in such numbers as will not create a health hazard or hazard to the public way in an enclosure maintained in a clean and sanitary condition and free from all refuse. No person shall permit any decaying food, or any refuse of any kind to remain in such enclosure. Refuse, when swept up or collected, shall be kept in airtight containers and disposed of in accordance with the solid waste disposal regulations of the City. No person shall permit any such refuse to remain uncovered.
(Ord. 569. Passed 6-29-82.)
(a) Definitions. As used in this section:
(1) “Owner” means any person, firm, corporation, organization or department possessing or harboring or having the care or custody of a dog.
(2) "Vicious dog" or "dangerous dog" means:
A. Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places; or
B. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
C. Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or
D. Any dog owned, harbored or bred primarily or in part for the purpose of dog fighting or any dog trained for dog fighting or to attack, or
E. Any dog not licensed according to State law.
F. Notwithstanding the definition of a vicious dog above, no dog may be declared vicious if any injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting a crime.
G. No dog may be declared vicious if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
(3) A vicious dog is "unconfined" if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure shall have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground no less than one foot. All such pens or structures shall be adequately lighted and kept in a clean and sanitary condition.
(b) Confinement. The owner of a vicious dog shall not allow or permit the dog to go unconfined.
(c) Leash and Muzzle. The owner of a vicious dog shall not allow or permit the dog to go beyond the premises of the owner unless the dog is securely muzzled and restrained by a chain or leash, no longer than six feet and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
(d) Signs. The owner of a vicious dog shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious dog on the premises. A similar sign is required to be posted on the pen or kennel of the animal.
(e) Insurance. Owners of dogs determined to be vicious or dangerous shall within thirty days of the determination provide proof to the City Clerk of public liability insurance in the amount of at least one hundred thousand dollars ($100,000) insuring the owner for any personal injuries inflicted by his or her vicious or dangerous dog.
(f) Required Notification to Appropriate Agencies. The owner or keeper shall notify the Police Department, Humane Society and Health Department within twenty-four hours if a dog determined to be vicious or dangerous is on the loose, is unconfined, has attacked another animal or human being, or has been sold, died or been given away. If the dog has been sold or given away, the owner or keeper shall also provide the City with the name, address and telephone number of the new owner or keeper.
(g) Indication and Determination of a Vicious or Dangerous Dog.
(1) The following characteristics shall automatically characterize an animal as vicious or dangerous. That is, no hearing shall be required. An owner may request a hearing if he or she disagrees with the facts used to designate the animal as dangerous.
A. Any dog which, according to the records of the appropriate authority has inflicted injury on a human being without provocation on public or private property, or
B. Any dog which, according to the records of the appropriate authority has killed a domestic animal without provocation while off the owner's property, or
C. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting, or
D. Any dog not owned by a governmental or law enforcement unit used primarily to guard public or private property.
(2) Determination hearing.
A. Upon receipt of an "Affidavit of Complaint" signed by one or more residents of the City, made under oath before an individual authorized by law to take sworn statements setting forth the nature and the date of the act, the owner of the animal, the address of the owner and the description of the animal doing such act, the Chief of Police shall investigate the complaint to determine if in fact the animal is dangerous and file a report with the Police Court Judge.
B. A determination hearing shall be conducted by the Police Court Judge whenever there is cause to believe that a dog may be a "dangerous animal" as defined in subsection (a) hereof. Such hearing shall be conducted within five days of serving notice to the owner by certified letter.
C. Pending the outcome of such a hearing, the dog shall be securely confined in a humane manner either on the premises of the owner or with a licensed veterinarian.
D. The Police Court Judge shall determine whether to declare the animal to be a "dangerous animal" based upon evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident(s) which may be considered germane to such a determination,Health Department personnel, Animal Control personnel, police or any other person possessing information pertinent to such determination.
E. The Police Court Judge shall issue written findings within five days after the determination hearing. The owner or possessor of the animal found to be dangerous by this hearing has the right to appeal to the decision within three days of receiving such decision to the Circuit Court.
(h) Notification of Dog Bites by Health Department. The County Health Department shall notify the City Police Department of any reported dog bites within the City limits. The Police Chief shall investigate as stated in subsection (g)(2) hereof.
(i) Reports of Vicious Dogs to County Assessor. The City Clerk shall report all vicious dogs to the County Assessor’s office so that the Assessor may impose a ten dollar ($10.00) fee on the dog owner as stipulated in West Virginia Code 19-20-21.
(Ord. 780. Passed 4-26-88.)
(a) Prohibitions.
(1) It shall be unlawful for the owner or person having the charge or control of any animal to permit such animal to defecate and to allow the feces to remain upon any public property or public right of way or any private property unless such private property is owned, possessed or under the control of said owner or person having charge or control of such animal, and such owner or person shall immediately and securely enclose all feces deposited by the animal in a bag wrapper or other container and dispose of it in a sanitary manner so that it shall pose no threat or danger to the health and well being of the citizens.
(2) It shall be unlawful for any person being the owner or having charge of any animal on any public property or right of way private property other than property of such owner or under the control of such owner or person having charge or control of such animal, to fail to have in his/her possession a wood, plastic or metal device, bag wrapper or container for the purpose of picking up and properly disposing of any fecal matter left or deposited by such animal. Failure to any such person to have in his/her possession such suitable device or container shall be prima facie evidence of a violation of this section.
(b) Exceptions. The prohibitions of this section shall not apply to a legally blind or otherwise legally handicapped person who is in need of and is the owner, keeper or custodian of a guide or support dog.
(c) Penalty. Whoever violates any provision of this section shall be subject to the penalties provided for in Section 505.99
(d).
(Ord. 1064. Passed 7-28-98.)
(b) Whoever violates Section 505.10(b) shall be fined not more than one thousand dollars ($1,000). (WVaC 61-8-19)
(c) Whoever violates Section 505.105 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.
(WVaC 61-8-19a)
(d) Whoever violates any section of this article for which no penalty is provided shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for the first offense; not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100.00) for the second offense; and not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for the third and each subsequent offense.
(e) Whoever violates any provision of Section 505.15 shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisoned not to exceed thirty days, or both. Each day that a violation continues shall be deemed a separate offense. In the event of a public health hazard, in addition to the penalties herein, the City Manager shall have the discretion to direct that injunctive relief be sought in a court of proper jurisdiction.
(Ord. 569. Passed 6-29-82.)
(f) Whoever violates any provision of Section 505.16 shall be fined not less than five hundred dollars ($500.00). Each day a violation continues shall be deemed a separate offense. For any conviction of a second violation, the fine shall be not less than five hundred dollars ($500.00) and imprisonment not to exceed thirty days. In the event of a public health hazard, in addition to the penalties herein, the City Manager shall have the discretion to direct that injunctive relief be sought in a court of proper jurisdiction.
(Ord. 780. Passed 4-26-88.)