(a) No person shall intentionally, knowingly or recklessly:
(1) Mistreat or beat an animal in a cruel manner, torment, overload, overwork, or otherwise abuse an animal or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between an animal and human;
(2) Abandon an animal;
(3) Withhold proper sustenance, including sufficient good, wholesome food and water. Food and water requirements for animals:
A. Potable water must be available at all times.
B. Water must not be allowed to freeze without timely replacement.
C. The food and water container must be placed out of the sun.
D. Food and water is to be provided in a clean container and situated or fastened in such a manner to prevent overturning.
E. Food shall be free from contaminants, wholesome, palatable and of sufficient quantity and nutritive value to meet the daily requirements for the condition and size of the dog or cat.
F. Withhold shelter that protects from the elements of weather; or
G. Withhold medical treatment, necessary to sustain normal health and fitness or to end the suffering of any animal;
(4) Leave an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result;
(5) Ride an animal when it is physically unfit;
(6) Bait or harass an animal for the purpose of making it perform for a person's amusement;
(7) Cruelly chain or tether an animal; or
(8) Use, train or possess a domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal.
(9) Expose an animal to any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal, provided that a person may expose, on his own property, common rat poison mixed only with vegetable substances.
(b) No person, other than a licensed veterinarian or a person acting under the direction or with the approval of a licensed veterinarian, shall knowingly and willfully administer or cause to be administered to any animal participating in any contest any controlled substance or any other drug for the purpose of altering or otherwise affecting such animal's performance.
(c) Any person convicted of a violation of this section shall forfeit his or her interest in any such animal and all interest in such animal shall vest in the humane society or county pound of the county in which the conviction was rendered, and such person shall, in addition to any fine imposed, be liable for any costs incurred or to be incurred by the humane society or county pound as a result.
(d) For the purpose of this section, "controlled substance" has the same meaning ascribed to it by West Virginia Code 60A-1-101(d).
(e) The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management, nor to humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C. Section 2131 et seq. and the regulations promulgated thereunder, as both such statutes and regulations are in effect on the effective date of this section. (WVaC 61-8-19)
(f) No person who is a caretaker or owner of an animal shall intentionally deprive it of proper shelter sufficient to protect it from unnecessary sun or inclement weather likely too cause heat exhaustion or fatal freezing.
(g) No person who is a caretaker or owner of an animal shall intentionally deprive it of proper shelter sufficient in size to permit the animal to stand to its full height stretch out, turn around, and lie down.
(h) Any person who, as the operator of a motor vehicle, strikes a domestic animal, shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane officer or society. (Ord. 5-1-12.)