(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(2) (a) Whoever violates § 90.02(A) shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both, for a first offense. Any person convicted of a second violation of § 90.02(A) shall be imprisoned for a term not to exceed state law or fined an amount not to exceed state law, or both. The incarceration set forth in this division (B)(2)(a) shall be mandatory unless the provisions of (B)(2)(b) below are complied with.
(b) Notwithstanding any provision of this code to the contrary, no person who has been convicted of a second or subsequent violation of the provisions of § 90.02(A) may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed such evaluation. Unless the defendant is determined by the court to be indigent, he or she shall be responsible for the cost of said evaluation.
(c) In addition to any other penalty which can be imposed for a violation of § 90.02, a court may, as a condition of probation, prohibit any person so convicted from possessing or owning any animal or type of animal during the period of probation.
(3) Whoever violates § 90.02(A) shall be fined an amount not to exceed state law.
(W. Va. Code 61-8-19)
(4) Whoever violates § 90.03 shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both. In addition, the Humane Officer may remove the dog or cat involved and place it in the pound and such dog or cat shall not be returned to the owner or perpetrator of the act of cruelty, but shall be put up for adoption to a desirable home or given into the care of a humane society or upon the recommendation of a licensed veterinarian shall be humanely destroyed.
(W. Va. Code 61-8-19a) (Prior Code, § 505.99)
(C) (1) Whoever violates the provisions of § 90.28 shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both. In addition, any vicious dog which attacks a human being or another domestic animal may be ordered destroyed when in the court’s judgment, such vicious dog represents a continuing threat of serious harm to human beings or domestic animals. In addition, any person found guilty of violating § 90.28 shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding the veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.
(2) Whoever violates provisions of § 90.28 on a second occasion with the same dog shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both, and shall be required to post bond with the city in the amount not to exceed state law in consideration for being permitted to keep the dog, so long as the dog is kept in conformance with the provisions of §§ 90.01 to 90.39.
(D) (1) The owner commits an offense if the owner knowingly violates § 90.33.
(2) A city police officer or animal control officer who has probable cause to believe that an owner is violating § 90.33 shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.
(3) A person commits an offense if the person is provided a statement described by the foregoing division (D)(2) above and fails to comply with § 90.33 within 24 hours of the time the owner is provided the statement.
(4) If a person fails to comply with § 90.33 with respect to more than one dog, the person’s conduct with respect to each dog constitutes a separate offense.
(5) Upon being found guilty in the City Municipal Court:
(a) For the first offense, the owner shall be punishable by a fine not to exceed state law, and the owner shall be required to correct the deficiency within 72 hours immediately succeeding the imposition of the municipal court’s judgment;
(b) For each subsequent offense after the first offense, the owner shall be punishable be a fine not to exceed state law, and the owner shall be required to correct the deficiency within 72 hours immediately succeeding the imposition of the Municipal Court’s judgment; and
(c) All fines levied and paid under the authority of division (D)(5)(a) shall be used to defray the city’s expenses related to the humane treatment of dogs.
(6) Section 90.33 does not prohibit a person from walking a dog with a hand-held leash.
(E) Whoever violates any provision of § 90.39 for which no other penalty is provided shall be fined an amount not to exceed state law for the first offense, an amount not to exceed state law for the second offense and an amount not to exceed state law for each subsequent offense.
(Ord. 08-, passed - -; Ord. 06-02, passed 6-27-2006; Ord. passed 10-6-2020)