(a) The purpose of this section is to promote the public health, safety, and general welfare of the citizens of the City of South Charleston. It is intended to be applicable to “dangerous” dogs by ensuring responsible handling by their owners through registration, confinement, and liability insurance.
(b) Definitions:
(1) “Animal Control Officer” means the City Humane Officer, Kanawha County Animal Control Officer, Game Wardens, and also may apply to City Law Enforcement Personnel or any person authorized to enforce the laws of the City of South Charleston and State of West Virginia or to investigate and enforce violations relating to animal control or cruelty.
(2) “At large” means that a dog is not under the direct control of the owner, or is anywhere off the premises of the owner.
(3) “Dangerous Dog” The term “Dangerous Dog” means a dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings or domestic animals, or would constitute a danger to human life, physical well-being, or property or other domestic animals if not kept under the direct control of the owner. This definition of Dangerous Dog shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term “Dangerous Dog” includes any dog that according to the records of either any City, any County, any State, or any law enforcement agency:
A. Has bitten, attacked, endangered, or inflicted injury on a human being on public or private property, or has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above referenced authorities; or
B. Has severely injured or killed a domestic animal while off the owner’s property; or
C. Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting; or
D. Has previously been declared a Dangerous Dog by another municipality, any county or any state.
(4) “Direct Control” means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.
(5) “Menacing Fashion” A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(6) “Muzzle” A leather, wire or device that, when fitted over an animal’s snout, prevents biting and eating.
(7) “Owner” Any person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of an animal.
(8) “Police Dog” A dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their duties.
(9) “Serious Injury” Any injury inflicted upon a human being such biting to cause tearing of the skin, or such physical injury which is sustained or results because of the behavior of such dog.
(10) “Unsecured” Not securely confined indoors, or not securely restrained by means of a collar and chain, pen, fence, or similar physical device, and in such a manner which effectively prevents the dog from going beyond the premises of the owner.
(11) “Under Restraint” means that an animal is secured by a leash, led under the direct control of a person physically capable of restraining the animal and obedient to that person’s commands, or securely enclosed within the real property limits of the owner’s premises.
(c) Procedure for Declaring a Dog Dangerous:
(1) By complaint. An Animal Control Officer or any adult person may request under oath that a dog be classified as dangerous as defined by submitting a sworn, written complaint on a form approved by the Mayor. Upon receipt of such complaint, the Mayor, or his/her designee, shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.
(2) Criteria in determination. Criteria to be considered during the above investigation shall include, but not be limited to the following:
A. Provocation;
B. Severity of attack to injury to a person or domestic animal;
C. Previous aggressive behavior of the dog;
D. Site and circumstances of the incident;
E. Statements from interested parties; and
F. Classification of the dog.
(3) At the conclusion of an investigation, the Mayor may:
A. Determine that the dog is not dangerous and, if the dog is impounded, may waive any impoundment fees incurred and order the release of the dog to its owner; or
B. Determine that the dog is dangerous and order the owner to comply with the requirements for keeping Dangerous Dogs set forth in subsection (f), and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. (Ord. 2121. Passed 10-1-09.)
(d) Notification of Dangerous Dog Declaration:
(1) Notification of owner. Within five (5) business days after declaring a dog dangerous, the Mayor or his/her designee shall notify the owner by certified mail of the dog's designation as a Dangerous Dog and any specific restrictions and conditions for keeping the dog, as set forth in subsection (e). The Mayor also shall notify the Police Department and the City's Animal Control Officer of the designation of any dog as a Dangerous Dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner. Any conditions placed to permit the owner to keep the dog must be satisfied within thirty (30) calendar days.
(2) Failure to locate owner. If the Mayor or his/her designee cannot with due diligence locate the owner of a dog that has been seized pursuant to this article, the Mayor shall cause the dog to be impounded for not less than five (5) business days. If after five (5) days, the owner fails to claim the dog, the Mayor may cause the dog to be humanely destroyed by offering satisfactory proof before a municipal court, circuit court, or magistrate that such dog is dangerous, or in the habit of biting or attacking other persons or other dogs or animals; thereafter, the judge may authorize the humane officer to cause such dog to be killed.
(Ord. 2293. Passed 3-5-20.)
(e) Appeal From Dangerous Dog Declaration. If the Mayor determines a dog is dangerous at the conclusion of the investigation conducted under subsection (c), that determination shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within 30 days after receiving notice that the dog has been finally declared dangerous. The appeal shall be a proceeding in the municipal court for the purpose of affirming or revising the Mayor’s determination of dangerousness.
(Ord. 2121. Passed 10-1-09.)
(f) Keeping of Dangerous Dogs. No owner, keeper, or harborer of a Dangerous Dog shall fail to comply with the following requirements within thirty (30) calendar days of being notified of the designation of the dog as a Dangerous Dog:
(1) Leash. No person having charge, custody, control or possession of a Dangerous Dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash no more than six (6) feet in length. No such person shall permit a Dangerous Dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash. The leash or tether must be controlled by a person who is of suitable age and discretion or securely attached, tied, affixed or tethered to the ground or a stationary object or fixture so that the dog is adequately restrained and the person shall be stationed in close enough proximity to that dog so as to prevent it from causing injury to any person.
(2) Muzzle. It shall be unlawful for any owner or keeper of a Dangerous Dog to allow the dog to be outside of its proper enclosure unless the dog wears a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.
(3) Microchip. The owner or keeper of a Dangerous Dog must have a microchip inserted into the dog by a licensed veterinarian, which microchip shall detail the Dangerous Dog designation and such other information as may be appropriate to determine the ownership of the dog. The owner shall be responsible for all costs associated with the microchip procedure.
(4) Confinement. Except when leashed and muzzled as provided in this section, a Dangerous Dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:
A. The structure must have secure sides and a secure top, or all sides must be at least six (6) feet high;
B. The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one (1) foot into the ground.
C. The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(5) Indoor confinement. No Dangerous Dog shall be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition.
(6) Signs. All owners, keepers, or harborers of Dangerous Dogs shall display in a prominent place on their premises signs easily readable by the public using the words "Beware of Dog." They are to be placed primarily at points of egress and ingress.
(7) Liability Insurance, Surety Bond. The owner of a Dangerous Dog shall present to the Mayor proof that he has procured liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than fifty thousand dollars ($50,000) because of damage or bodily injury to or death of a person caused by the Dangerous Dog, covering as well any damage or injury whatsoever that may be caused by the Dangerous Dog. The policy shall contain a provision requiring that the City be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminated or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a Dangerous Dog and a copy of the certificate must be given to the license office and kept on file. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the twelve (12) month period for which a permit is sought, unless he ceases to own or keep the dog prior to the expiration date of the permit period. The owner shall provide the Mayor with notice of any cancellation on the liability insurance policy. In the
event that the owner proves to the satisfaction of the Mayor that insurance is not available at any cost, the owner may post with the Mayor a surety bond, of an equivalent amount, payable to any person injured by the Dangerous Dog. The decision as to whether a surety bond will be accepted is within the sole discretion of the Mayor.
(8) Mandatory Spaying or Neutering. Within thirty (30) days of the Mayor's determination that a particular dog is dangerous, the owner of said dog shall have it spayed or neutered and provide the Mayor with a written statement from the veterinarian who performed the operation, verifying the same.
(9) Notification of escape. The owner or keeper of a dangerous dog shall notify the City Humane Officer, County Animal Control Officer, the South Charleston Police Department and the Mayor immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
(10) Failure to Comply. It shall be unlawful and a misdemeanor for any owner of a Dangerous Dog registered with the City to fail to comply with the requirements and conditions set forth in this Section. An owner or keeper of a Dangerous Dog who fails to register the dog shall be fined five hundred dollars ($500.00). Each day that the Dangerous Dog is not registered shall be a separate offense. The fine for any other violation of this section for which a specific fine amount has not been set forth shall be two hundred fifty dollars ($250.00) with each day beyond thirty (30) calendar days that the offense continues being a separate citable offense. Any owner of a Dangerous Dog who is found to be in violation of this subsection (f) shall subject such Dangerous Dog to be immediately seized and impounded. In addition, failure to comply with the requirements and conditions set forth in subsection (f) may result in the Mayor revoking the permit providing for the keeping of such animals. Other ordinances pertaining to penalties for injuries inflicted by dogs shall be in addition to the penalties set forth herein.
(11) Request for exemption. Any owner, keeper or harborer of a Dangerous Dog may make application to the Mayor within thirty (30) days of the designation of the dog as a Dangerous Dog to receive exemption from certain provisions of this section if the canine has actual certification for such purposes as therapeutic use, or if an owner is a certified breeder, etc. The decision to grant an exemption is at the sole discretion of the Mayor and exemption from one area of this section does not exempt such person from complying with all other provisions of this section, such as insurance, leasing, etc. or all other sections of this article.
(12) Non-residents. Any owner, keeper or harborer of a Dangerous Dog who does not reside within the City limits must still, when such Dangerous Dog is brought in the City, obey the above requirements as applicable; however, such non-residents are exempt from subsections (7) Liability Insurance, Surety Bond and (8) Mandatory Spaying or Neutering.
(g) Permit and Tag Required for a Dangerous Dog.
(1) Permit. The owner of a Dangerous Dog, within thirty (30) business days after classification of the dog as dangerous or upon acquisition of such a dog, shall present a sworn affidavit attesting that the owner has met all requirements for harboring a Dangerous Dog and shall obtain an annual permit from the City of South Charleston to harbor the dog.
(2) Tags. At the time the permit is issued, a red tag shall be issued to the owner of the Dangerous Dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a Dangerous Dog. Annual renewal and tags are required. The owner or keeper of a Dangerous Dog who registers but fails to place the foregoing red tag on said dog shall be fined two hundred fifty dollars ($250.00). Each day shall be a separate citable offense. Tags shall be available at the Finance and Administration Department of the City at a cost of one hundred dollars ($100.00) annually.
(3) Proof of permit. The permit for maintaining a Dangerous Dog shall be presented to an animal control officer or police officer upon demand.
(Ord. 2293. Passed 3-5-20.)
(h) Notification of Intent to Impound/Hearing:
(1) Petition. In the event that the City Humane Officer, County Animal Control Officer, the Mayor, an animal warden or law enforcement agent has probable cause to believe that a Dangerous Dog is being harbored or cared for in violation of this chapter, the Animal Control Officer or his designee may petition a Municipal Court or a Court of competent jurisdiction to order the seizure and impoundment of the Dangerous Dog pending trial.
(2) Notification. When the Mayor, or his designee, the City Humane Officer, Kanawha County Animal Control Officer, animal warden or law enforcement agent, intends to impound a dog declared to be dangerous for violation of subsection (i) he shall notify the owner or custodian of the dog, by certified mail, of the intended impoundment at least five (5) business days prior to the intended impoundment except as provided in subsection (i).
(3) Control of notice. The notice of intent to impound shall inform the owner or custodian of the dog that he may request in writing, within five (5) business days prior to the intended impoundment, a hearing before the Mayor to contest the intended impoundment and finding of violation.
(4) Hearing. Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (h)(3) hereof, a hearing shall be held within ten (10) business days after the request for a hearing. Notice of the date, time and location of the hearing shall be provided by certified and regular mail to the dog’s owner or custodian requesting such hearing.
(5) Hearing delays impoundment. If the owner or custodian requests a hearing pursuant to subsection (h)(3) hereof, no impoundment shall take place until conclusion of the hearing, except as authorized in subsection (i).
(6) Animal control authority. Nothing in this section shall be construed to limit the authority of the Animal Control Officer or his designee from otherwise seizing any animal maintained in violation of this code which presents an immediate risk of physical harm to any person or property.
(7) Expenses. The owner shall pay all expenses including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding of and 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 elimination of any such dog during any legal proceeding or any period of appeal regardless of the outcome. Each day that such violation continues shall be considered a separate violation.
(i) Immediate Impoundment:
(1) Dogs previously declared dangerous. A dog previously declared to be dangerous may be immediately impounded without a pre-impoundment hearing when the Mayor, or his designee, determines that immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of subsection (f) or when the dog bites a person or domestic animal.
(2) Dog at large. In the event that the Mayor, or his designee, the City Humane Officer Kanawha County Animal Control Officer, animal warden or law enforcement agent, has probable cause to believe that a Dangerous Dog is running at large, then the Animal Control Officer, or his designee, may seize and impound the dog without seeking prior court order.
(3) Notification. The owner or custodian of the dog immediately impounded pursuant to paragraph (1) hereof shall be notified of the impoundment by certified and regular mail within five (5) business days after the dog’s impoundment.
(4) Expenses. The owner shall pay all expenses including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding of and 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 elimination of any such dog during any legal proceeding or any period of appeal regardless of the outcome. Each day that such violation continues shall be considered a separate violation.
(j) Destruction:
(1) By order: The Mayor, or his designee, the City Humane Officer, Kanawha County Animal Control Officer, Animal Warden or Law Enforcement Officer, may order the destruction of a dog that it determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual, or a dog declared dangerous whose owner is unable or unwilling to adequately restrain it.
(2) Notice and appeal. Notice to destroy and the availability of a hearing to appeal the order of destruction may be had by following the steps of appealing impoundment as stated in subsection (h) hereof.
(3) No hearing required. If no hearing is requested pursuant to subjection (j)(2) hereof, the dog shall be destroyed pursuant to applicable provisions of law.
(4) Upon request of hearing. If a hearing is requested pursuant to subsection (j)(2) hereof, such hearing shall be held by the Mayor within ten (10) business days after the request; and the dog shall not be destroyed prior to the conclusion of the hearing.
(5) Expenses. The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the City of humanely and safely keep the animal during any legal proceeding regardless of the outcome of such hearing.
(k) Court Order to Remove or Destroy Animals. In addition to penalties provided in this chapter, if a court determines that an animal is dangerous, that on one or more occasions such animal has bitten or attacked a person or that the owner of the animal has habitually permitted such animal to run at large or violate provisions of this chapter on one or more occasions so as to constitute a nuisance, the court may, in order to protect the health, welfare, safety and property of the residents of the City, order that such animal be removed from the City or be humanely destroyed.
(l) Appeal From Order. If a hearing in accord with the provisions of this article results in the ordering of a Dangerous Dog to be humanely destroyed, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten (10) days after receiving notice of the destruction order. If an appeal is timely filed, the Mayor or the Municipal Court Judge shall suspend the destruction order pending the final determination of the court. The appeal shall be a proceeding for the purpose of affirming or reversing Mayor’s decision and/or the Municipal Judge’s destruction order.
(m) Change of Ownership.
(1) Transfer of ownership. Any owner of a Dangerous Dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten (10) days after such change of ownership or residence, provide written notification to the Mayor of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog’s classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the Mayor along with written acknowledgment by the new owner of his receipt of such notification. The Mayor or his designee shall notify the South Charleston Police Department and County Animal Control Officer of any changes of ownership, custody or residence of the dog within three (3) business days after receiving the required information from the previous dog owner.
(2) Purchase of dangerous dog. Any person purchasing or receiving a dog classified as a Dangerous Dog must obtain the required permit, tag and enclosure prior to acquisition of the dog. The new owner shall comply fully with the provisions of this section pertaining to obtaining liability insurance, payment of fees, and maintenance, control and ownership of a Dangerous Dog.
(n) Continuation of Dangerous Dog Declaration. Any dog that has been declared dangerous by this City, another municipality, any county, or any state shall be subject to the provisions of this article as long as it remains in the City. The person owning or having custody of any dog designated as a Dangerous Dog by any municipality, county, or state government shall notify the Mayor within ten (10) days of moving the animal into the City of South Charleston. The restrictions and conditions applicable to Dangerous Dogs and contained within this section shall remain in force while the dog remains in the City.
(Ord. 2121. Passed 10-1-09.)