(A) Notwithstanding any provision of this chapter to the contrary and irrespective of whether the dog has been declared dangerous pursuant to this subchapter, no person shall harbor, own, or possess a dog that is an immediate threat to public health and safety.
(B) Notwithstanding any provision of this chapter to the contrary and irrespective of whether the dog has been declared dangerous pursuant to this subchapter, the municipal court judge may order any dog be destroyed if the municipal court judge determines that the dog is an immediate threat to public health, safety and welfare and that confinement and registration of the dog by the owner of the dog as provided in this subchapter will not adequately protect public health, safety and welfare. In making such determination the municipal court judge shall consider the severity of any attack and any other relevant information.
(Prior Code, § 3-306) (Ord. passed 11-7-2011) Penalty, see § 90.999
Statutory reference:
Vicious dogs, see W.Va Code §§ 8-12-5(26), 19-20-20, 19-20-21