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505.01 KEEPING LIVESTOCK.
   No person shall keep any cattle, swine or fowl within the City.
(Ord. 2015-09. Passed 9-8-15.)
505.02 NOISY CATS PROHIBITED.
   (EDITOR’S NOTE: Legislation on noisy cats is now codified as Section 508.03)
505.03 SLAUGHTERHOUSES.
   No person shall erect or use for a slaughterhouse in the City any building, shed or any place, whether in a building or out of a building for the purpose of killing animals to be sold to the public. This section shall not apply to anyone killing an animal for his own household.
(1967 Code Sec. 3-3)
505.04 BIRD SANCTUARY.
   The entire area embraced within the City is hereby designated as a bird sanctuary.
(1967 Code Sec. 3-4)
505.05 HUNTING AND SHOOTING BIRDS.
   No person shall trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or rob bird nests or wild fowl nests; provided, however, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the health authorities of the City, then such health authorities shall meet with representatives of the Garden Council, after having given at least three days actual notice of the time and place of such meeting to the representatives of such Council. If as a result of such meeting no satisfactory alternative is found to abate such nuisance, then such birds may be destroyed in such numbers and in such manner as is deemed advisable by such health authorities under the supervision of the Chief of Police. (1967 Code §3-5)
505.06 CRUELTY TO ANIMALS.
   (a)    (1)    It is unlawful for any person to intentionally, knowingly or recklessly,
         (A)    Mistreat an animal in cruel manner;
          (B)    Abandon an animal;
          (C)    Withhold:
              (i)    Proper sustenance, including food or water;
              (ii)    Shelter that protects from the elements of weather; or
              (iii)    Medical treatment, necessary to sustain normal health and fitness or to end the suffering of any animal;
          (D)    Abandon an animal to die;
          (E)    Leave an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result;
          (F)    Ride an animal when it is physically unfit;
          (G)    Bait or harass an animal for the purpose of making it perform for a person's amusement;
          (H)    Cruelly chain or tether an animal; or
          (I)    Use, train or possess a domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal.
      (2)    Any person in violation of subdivision (1) of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than three hundred nor more than two thousand dollars or confined in jail not more than thirty days, or both.
   (b)    A person, other than a licensed veterinarian or a person acting under the direction or with the approval of a licensed veterinarian, who knowingly and willfully administers or causes 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 said animal's performance is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred nor more than two thousand dollars.
   (c)    Any person convicted of a violation of this section forfeits his or her interest in any animal and all interest in the animal vests in the humane society or county pound of the county in which the conviction was rendered and the person is, in addition to any fine imposed, 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, the term "controlled substance" has the same meaning ascribed to it by subsection (d), section one hundred one of West Virginia Code § 60A-1-101.
   (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. § 2131, et seq., and the regulations promulgated thereunder, as both statutes and regulations are in effect on the effective date of this section.
   (f)    (1)    Notwithstanding any provision of this code to the contrary, no person who has been convicted of a violation of the provisions of subsection (a) or (b) of this section may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation. Unless the defendant is determined by the court to be indigent, he or she is responsible for the cost of the evaluation.
      (2)    For any person convicted of a violation of subsection (a) or (b) of this section, the court may, in addition to the penalties provided in this section, impose a requirement that he or she complete a program of anger management intervention for perpetrators of animal cruelty. Unless the defendant is determined by the court to be indigent, he or she is responsible for the cost of the program.
   (g)    In addition to any other penalty which can be imposed for a violation of this section, a court shall prohibit any person so convicted from possessing, owning or residing with any animal or type of animal for a period of five years following entry of a misdemeanor conviction. A violation under this subsection is a misdemeanor punishable by a fine not exceeding two thousand dollars and forfeiture of the animal.
(Ord. 2016-24. Passed 12-5-16.)
505.07 PENS, COOPS AND OTHER ENCLOSURES; MAINTENANCE. (REPEALED)
   (EDITOR’S NOTE: Former Section 505.07 was repealed by Ordinance 2015-10, passed September 8, 2015.)
505.99 PENALTY.
   (EDITOR’S NOTE: See Section 501.99 for general code penalty if no specific penalty is provided.)
   (a)   Whoever violates Section 505.06 shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than thirty days or both. (A.O.)
   (b)   Whoever violates Section 505.07 shall be fined as follows:
 
Amount
(1)
For the first offense
$10.00
(2)
For the second offense within a period of one year
30.00
(3)
For the third offense within a period of one year
100.00
(4)
For the fourth offense within a period of one year
300.00
         (Ord. 89-12. Passed 9-5-89.)