(a) Definitions.
(1) A "vicious" dog as term is used in this section means:
A. Any dog with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
B. Any dog which attacks a human being or a domestic animal without provocation.
(2) A vicious dog is "unconfined" as the term is used in this section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in subsection (a)(2)B. hereof. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than two feet. Such pen or structure MUST be approved by the St. Albans Humane Officer and/or a St. Albans Police Officer.
A. No person owning or harboring or having the care of a vicious dog shall suffer or permit such animal to go unconfined on the premises of such person.
B. No person owning or harboring or having the care of a vicious dog shall suffer or permit such animal to go unconfined on the premises of such person unless such dog is securely leashed and muzzled.
(3) "Vicious dog" does not include either of the following:
A. A dog that has killed or caused serious injury or has attacked or injured any person while that person was committing or attempting to commit a criminal offense;
B. A police dog while being used to assist one or more law enforcement officers in the performance of their duties.
(b) Enforcement.
(1) For the purpose of enforcing this section, the Humane Officer, police officer or Mayor may cause a vicious dog or dogs to be impounded in the custody and care of a licensed veterinarian or the Kanawha County Animal Shelter, and a citation issued and served on the owner, owners, or caretaker or provider of any such vicious dog. The citation may be issued and served after the impounding of said vicious dog or dogs, if the owner, owners or caretaker or provider is not present or if the owner, owners, or caretaker or provider cannot be readily ascertained, provided that the citation shall be issued and served on the vicious dog owner, owners or caretaker or provider as soon after the vicious dog or dogs have been impounded as possible, and the owner, owners or caretaker or provider shall be afforded an opportunity to be heard at the next regularly scheduled session of Municipal Court after service of the citation on such person. Service of the citation on the dog owner, owners, or caretaker or provider of any such dog or dogs may be in person, on any person over the age of sixteen years present at the residence of such person, or by any other means or method permitted by law. Upon final disposition by the Municipal Judge, the dog or dogs may be released to the owner, owners, or caretaker upon proof that all associated costs for the impoundment of the vicious dog or dogs have been paid in full. Should the owner, owners, or caretaker fail to pay in full the costs of impoundment, the Municipal Judge may order the dog or dogs be euthanized at the expense of the owner, owners or caretaker.
(2) If the violation of this section is, or has not been observed by the Humane Officer, police officer or Mayor, any person observing any violation of this section may sign a complaint, and cause a citation for violation of this section to be issued and served in the manner provided above, provided that any person signing such complaint shall also be notified of a hearing to be scheduled before the Municipal Court. Failure to appear and testify in regard to said citation shall be cause for dismissal of the same.
(c) Penalties.
(1) No person shall own, keep or harbor any vicious dog or dogs as defined herein. Upon satisfactory proof before the Judge or the Municipal Court that such dog, or dogs is or are vicious, the Judge shall fine the owner, keeper or possessor of such dog or dogs five hundred dollars ($500.00) and may authorize the Humane Officer to cause such dog to be euthanized, or both. (Ord. 2022-09. Passed 10-17-22.)