(1) Inspect, care for or treat such animal or place such animal in the care of an animal welfare organization or licensed veterinarian for treatment, boarding or other care; or
(2) Designate such animal for humane destruction if an officer of an animal welfare organization or licensed veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose.
(B) The owner or keeper of an animal that is destroyed pursuant to division (A) above shall not be entitled to recover damages for the destruction of such animal unless the owner or keeper proves by clear and convincing evidence that such destruction was unreasonable and unwarranted.
(C) In addition to the fines and/or imprisonment imposed by this section, any defendant convicted of a violation of §§ 90.003, 90.004 and 90.005 shall pay to the municipal court a penalty of all reasonable expenses incurred for the care, treatment and boarding of any animal taken into custody pursuant to division (A) above. Upon payment of such penalty, the municipal court shall remit such payment to an animal welfare organization or other animal care provider.
(D) If a person is adjudicated guilty of a violation of §§ 90.003, 90.004 and 90.005, the municipal court judge may in his or her discretion order that such person be deemed to have forfeited all interest in the animal at issue in the violation and may vest all interest to an animal welfare organization for adoption or other disposition. If the person is adjudicated not guilty of a violation of §§ 90.003, 90.004 and 90.005, or the charge(s) otherwise be dismissed, and the animal at issue has been taken into custody pursuant to this section, then the defendant shall have ten days from the date of the entry of the finding of not guilty or of dismissal to appear and claim said animal. The defendant shall be responsible for all reasonable expenses incurred for the care, treatment and boarding from the date of the entry of the disposition of the case until redemption of the animal; provided that if the animal is not claimed within ten days from the date of entry of the finding of not guilty or of dismissal, then the owner shall be deemed to have forfeited interest in the animal, the animal shall be deemed abandoned, and all interest in the animal shall vest to an animal welfare organization for adoption or other disposition.
(Prior Code, § 3-106) (Ord. passed 11-7-2011)
Statutory reference:
Authority to impose fines, forfeiture and confinement, see W. Va. Code § 8-11-1