505.09 DOGS RUNNING AT LARGE; APPOINTMENT AND DUTIES OF HUMANE OFFICER.
   (a)   The Berkeley County dog ordinances adopted by the Berkeley County Commission on June 28, 1983 and September 21, 1995 (effective October 12, 1995) are adopted in their entirety as ordinances of the City of Martinsburg, West Virginia. Wherever it is stated in such Ordinances that said Ordinances shall be enforceable only outside of the incorporated territories within the County of Berkeley, the Ordinances shall be amended to read that they shall also be enforceable within the corporate limits of the City of Martinsburg.
   (b)   Any sworn police officer or sworn City of Martinsburg Humane Officer or sworn Berkeley County Humane Officer is authorized to enforce the Berkeley County Dog Ordinances adopted by the Berkeley County Commission, with all such enforcement to be brought before the Berkeley County Magistrate Court, the City of Martinsburg Municipal Court (Police Court) or the Berkeley County Circuit Court.
   (c)   The City Council may appoint a sworn humane officer, said humane officer to have the same authority as a county humane officer as set forth in West Virginia Code 7-10-1 through 7-10-5 and as set forth in the Berkeley County Dog Ordinances adopted by the Berkeley County Commission on June 28, 1983 and September 21, 1995 (effective October 12, 1995), including the right to issue citations for violations of Article 505 of the Martinsburg City Code and Berkeley County Dog Ordinances adopted by the Berkeley County Commission on June 28, 1983 and September 21, 1995 (effective October 12, 1995). The City of Martinsburg humane officer and the Berkeley County humane officers are authorized, upon proper qualification as provided by law, while on duty as humane officers, to carry and discharge side arms (hand guns) within the City limits of the City of Martinsburg while on duty as humane officers, provided that the only ammunition to be discharged from said side arms (hand guns) is bird shot.
(Ord. 96-15. Passed 9-12-96.)