(a) Head tax.
(1) There is hereby levied, annually, from January 1, a tax upon any citizen or inhabitant of the town, for the privileges of owning, keeping or harboring any dog above the age of six months. Any person or resident of or inhabiting any house within the town and owning or keeping any such dog or allowing or permitting any such dog to be or remain at or about such house, shall be deemed the owner of such dog for the purpose of this section. Any such dog is hereby declared to be personal property within the meaning of the laws of the state.
(2) The tax for the privilege of owning or keeping such dog or permitting or allowing such dog to remain at or about any such house, shall be $1 on each male or spayed female dog, and $2 on each unspayed female dog, which tax shall be collected by the County Assessor, at the same time and in the same manner and form as the county taxes are collected, as provided by W.Va. Code § 19-20-2.
(b) Running at large prohibited: leash required. No owner or person in charge of any dog, whether or not such dog has attached to it a license tag, shall cause or permit such dog to run at large or be upon a street, sidewalk or public place within the town, unless such dog is on a leash and accompanied by its owner or some other person in charge of such dog. Any person guilty of violating this section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $15, nor more than $100.
(c) Impoundment. If any dog shall be found running at large or unleashed in the town in violation of subsection (b) above, it shall be taken up and impounded in the town dog pound, or other designated proper facility, by the Police Chief or other person designated as a humane officer, and securely kept subject to the provisions of this section.
(1) The town shall provide, or designate and make provisions for the use of a dog pound where all dogs taken up under the provisions of this section shall be impounded, and where such dogs so taken up and impounded shall be kept, housed and fed for five days; provided that, if such dog shall have attached to it a license tag, it shall be the duty of the person in charge of the dog pound to promptly give written notice to the owner of such dog by mailing such notice, return receipt requested, to such owner at the address shown upon the records of the County Assessor. The owner of such dog may redeem the same by paying $5, the cost of notification, plus an additional $0.50 for each day that such dog shall have been impounded.
(2) The person in charge of the dog pound shall hold any dog brought to him or her for a period of at least five days, at the expiration of which time, if such dog has not been redeemed as provided in subsection (c)(1) above, such animal may be put to death, or, if the animal is worthy in value, it may be sold at public auction to the highest bidder at 2:00 p.m. of the day next succeeding the last day of the five-day period or at any time thereafter; provided that, no dog shall be sold for less than the fee required for redemption, as provided in subsection (c)(1) above; and, provided further that, the impounding and killing or sale of any such dog shall not relieve the owner thereof from prosecution for the violation of subsection (b) above.
(d) Defecation removal.
(1) The owner or person in charge or control of any dog, cat or other animal which defecates upon any lawn, tree, shrub plant or water within the Town of Nutter Fort, including its parks, shall immediately clean, all feces and cause its removal to a proper receptacle.
(2) Persons medically requiring the need of a “seeing eye dog” while relying upon a dog specifically trained for this purpose shall be exempt from compliance with this section.
(Ord. passed 6-12-1973)