(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.)