(a) Prohibition Against Dangerous, Vicious or Deadly Animals. No person shall keep any dangerous, vicious or deadly animal(s) within the City unless he or she has first obtained a license and provided for insurance or bonding as otherwise set forth in this section.
(b) Licensing Fee. Any person desiring to keep any dangerous, vicious or deadly animal within the City shall first apply for a license which application shall be made to the City Administrator of the City of Keyser. Said application shall include a complete and accurate description of the animal or animals, and shall be accompanied by an application fee in the amount of $5.00 per animal. The application shall be in a form provided by the City.
(c) Prerequisite to Obtaining License for Dangerous Vicious or Deadly Animal. There shall accompany the above referred to application and licensing fee proof that there is in existence and in effect during the license year which shall begin July 1st and end of June 30 of the following year, an insurance policy or policies, either by way of a special insurance policy or in the form of an endorsement or rider to a homeowners or renters policy which contains a provision which covers for the liability which may result from any harm done to any third person or property by virtue of the dangerous, vicious or deadly animal for which a license is sought. The insurance shall be in an amount no less than $20,000.00 per person, $40,000.00 per occurrence and $20,000.00 property damage. No license shall be issued absent proof of the issuance of such policy. In the event such policy is terminated prior to the license period then, and in that event, the animal shall be immediately removed from the City of Keyser prior to the expiration of the effectiveness of the cancellation of such policy. Satisfactory proof shall consist of a binder or endorsement executed by duly authorized agent of a properly licensed insurance company in the State of West Virginia which names the City of Keyser as an additional insured and which contains a notice of termination requirement to the City in the event said policy is terminated.
(d) Certificate of License. Upon the issuance of a license after appropriate application, filing fee and insurance certification, the City Administrator shall issue a certificate specifying the animal or animals so licensed within the City of Keyser and the location at which such animal or animals are to be kept. Said license shall expire on June 30, next following the issuance of such license. Said license must be renewed annually thereafter so long as said animal(s) are maintained within the City.
(e) Liability of Owner. The owner (of any animal so licensed which does harm or damage to any person or property within the City of Keyser) shall be prima facie presumed to be responsible for such damage or injury.
(f) Penalty.
(1) Whoever violates the provisions of this section shall be guilty of a misdemeanor and shall be fined as follows:
A. For the first offense |
$25.00 |
B. For the second offense within a period of one year |
40.00 |
C. For the third offense within a period of one year |
100.00 |
D. For the fourth offense within a period of one year |
300.00 |
(2) Each day upon which a person violates the provisions of this Article shall be deemed a separate offense.
(3) The Humane Officer of the County or City, any member of the City Police Department, or any aggrieved individual may cause a warrant to be issued by the Municipal Court of the City of Keyser to the owner of such dangerous, vicious, or deadly animal or to the person harboring or keeping such dangerous, vicious or deadly animal for appearance before the Municipal Court.
(g) Definitions. When used in this Chapter the following terms shall have the following meanings:
(1) “Dangerous, vicious or deadly” shall mean one which either creates or instills fear of battery (an assault) causes or, if left unattended or uncontained, is likely to cause damage or injury to another animal or person or which could cause death or serious injury by virtue of its bite or venom;
(2) “Animal” shall mean any living organism except a plant;
(3) “Owner” shall mean any person or entity who houses, feeds, or controls an animal or who has legal title thereto;
(4) “Application” shall mean the form as prescribed from time to time by the City Administrator of the City of Keyser.
(5) “Police Court” shall mean the Municipal Court of the City of Keyser.
(Ord. 216. Passed 10-16-85.)