(a) Purpose. The section is enacted for the purpose of controlling and managing the population of dogs in the City, to constrain dogs within the boundaries of the City from attacking, wounding or killing persons, livestock, and other domestic and wild animals, to prevent dogs from disturbing the peace and quiet of the City residents; to prevent dogs from forming packs roaming wild within the City and posing a threat to the health and safety of the citizens and their property; to set the impoundment fees and costs and stipulate penalties for violations.
(b) Definitions.
(1) “Owner” means any person having a right of property in any dog, subject to the provisions of this section, and any person who keeps or harbors such dogs, or has the dog in his care, or who acts as its custodian or any person who permits a dog to remain on or about any premises occupied by him.
(2) “Public nuisance” mean any dog which:
A. Molest passerby or passing vehicles;
B. Attacks other animals;
C. Trespasses on school ground;
D. Is repeatedly at large;
E. Damages private or public property;
F. Barks, whines or howls in an excessive, continuous or untimely fashion.
(3) “Restraint” means any dog secured by a leash or lead, or within the real property limits of its owner.
(4) “Vicious dog” means any dog that constitutes a physical threat to human beings or other animals.
(c) Impoundment of Dogs. Reasonable costs and fees, in such amount as may be determined from time to time by Council, shall be assessed against each dog, shall be kept by the Dog Warden and a transcript thereof shall be furnished to the Martinsburg City Manager monthly.
Seizing dog and delivery to pound | $42.00 |
Serving or posting notice to owner | 3.00 |
Housing and feeding dog per day | 10.00 |
(d) Restraint.
(1) All dogs shall be kept under restraint.
(2) No owner shall fail to exercise proper care and control of his dog(s) to prevent them from becoming a public nuisance.
(3) Every vicious animal, as determined by the Circuit Court, Magistrate or Judge of the Police Court, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
(e) Penalties for Violations.
(1) A person who violates any of the provisions of this section for which no specific penalty is prescribed is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00).
(2) For each additional like offense for which no specific penalty has been prescribed, a person shall be guilty of misdemeanor, and upon conviction thereof, shall be fined not more than one hundred dollars ($100.00).
(Ord. 95-18. Passed 7-13-95.)