(A) Purpose and intent. The purpose of this section is to promote the public health, safety, and general welfare of the citizens of the City of Weirton. It is intended to be applicable to "dangerous" and/or "vicious" dogs, as defined herein, by ensuring responsible handling by their owners through registration, confinement, and liability insurance.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMERICAN BULLDOG. Any American Bulldog or old country bulldog, or any mixed breed of dog which contains, as an element of its breeding, the breed of American Bulldog or old country bulldog as to be identifiable as partially of the breed of American Bulldog or old country bulldog. If there is a question of whether a particular canine fits the definition herein, it will be sufficient to show identification of a canine as either a pure bred or belonging to a mixed breed if a member of the American Veterinary Medical Association (AVMA) would identify the canine as such.
ANIMAL CONTROL OFFICER. The Hancock County Animal Control Officer, City of Weirton Animal Control, and also may apply to city law enforcement personnel or any person authorized to enforce the laws of the City of Weirton and State of West Virginia or to investigate and enforce violations relating to animal control or cruelty.
AT LARGE. A dog is not under the direct control of the owner, or anywhere off the premises of the owner.
CANARY DOG. Any canary dog or Perro de Presa Canario, or any mixed breed of dog which contains, as an element of its breeding, the breed of canary dog or Perro de Presa Canario as to be identifiable as partially of the breed canary dog or Perro de Presa Canario. If there is a question of whether a particular canine fits the definition herein, it will be sufficient to show identification of a canine as either a pure bred or belonging to a mixed breed if a member of the American Veterinary Medical Association (AVMA) would identify the canine as such.
DANGEROUS DOG. A dog that, without provocation and subject to division (C)(2) below, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top. DANGEROUS DOG means any 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 shall not apply to dogs utilized by law enforcement officers in the performance of their duties and does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger, any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties. DANGEROUS DOG includes but is not restricted by or limited to any dog that according to the records of either any city, any county, any state, or any law enforcement agency:
(a) Has, when provoked, bitten, attacked, endangered, or inflicted injury on a human being on public or private property, or when unprovoked, 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.
DIRECT CONTROL. 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.
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.
MUZZLE. A leather, wire or device that, when fitted over an animal's snout, prevents biting and eating.
OWNER. Any person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of an animal.
PIT BULL TERRIER. Any Staffordshire bull terrier, American pit bull terrier, or American Staffordshire terrier breed or dog, or any mixed breed of dog which contains, as an element of its breeding, the breed of Staffordshire bull terrier, American pit bull terrier, or American Staffordshire Terrier, as to be identifiable as partially of the breed of Staffordshire bull terrier or American Staffordshire terrier. If there is a question of whether a particular canine fits the definition herein; it will be sufficient to show identification of a canine as either a pure bred or belonging to a mixed breed if a member of the American Veterinary Medical Association (AVMA) would identify the canine as such.
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.
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. The type of injury contemplated under this definition is one that would require treatment by a medical professional.
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.
UNDER RESTRAINT. An animal is secured by a leash, led under the 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.
VICIOUS DOG.
(a) Any dog that, without provocation, meets any of the following requirements:
1. Has killed or caused serious injury to any person;
2. Has caused injury, other than killing or serious injury, to any person or has killed another dog;
3. While off the premises of the owner, bites or causes physical harm to a human being, domestic animal, or feline;
4. While on the premises of the owner or premises under control of the owner, bites or otherwise causes physical harm to mail carriers, utility workers, City of Weirton employees, delivery persons, or any police or emergency person; or
5. Belongs to the breeds that are commonly known as pit bull terriers, canary dogs, and American Bulldogs as defined above. The ownership, keeping or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping or harboring of a vicious dog.
(b) VICIOUS DOG does not include either of the following:
1. A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties; or
2. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of that dog.
(C) Strict liability provisions.
(1) Any person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of a dog shall be strictly liable if such dog is found to:
(a) Be at large within the city unless securely attached upon a leash held in the hand of a person in a manner which continuously controls the dog;
(b) Snap at or attempt to bite or attempt to cause physical harm to any other person, domestic animal or feline, while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner;
(c) Cause physical harm to property of another while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner;
(d) Bite or otherwise cause physical harm to any person, domestic animal or feline, while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner;
(e) Bite or otherwise cause physical harm to mail carriers, utility workers, City of Weirton employees, delivery persons, or any police or emergency persons while the dog is on the premises of the owner or the premises under the control of the owner;
(f) Cause serious physical harm to any person, unless the dog was:
1. Being teased, tormented, or abused by a person; or
2. Coming to the aid or defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means to carry out illegal or criminal activity.
(2) Defenses.
(a) It shall be an affirmative defense to a violation of division (C)(1) above that the dog was:
1. Securely confined in an automobile or cage which was adequately ventilated;
2. Being used for lawful hunting purposes;
3. Being exhibited at a public dog show, zoo, museum, or public institution; or
4. Engaged in any activity approved by the laws of the state.
(b) No public law enforcement agency or member thereof, or a licensed private law enforcement agency or a member thereof, shall be convicted of any violation of this section where the dog is owned by the agency and being utilized for law enforcement purposes.
(3) Penalty.
(a) Any person who is the owner, keeper, possessor, harborer or who maintains, or has the care, custody or control of a dangerous or vicious dog, and who violates division (C)(1)(a) shall be guilty of a misdemeanor offense and fined $100. In addition, the court may order that the vicious or dangerous dog shall complete dog obedience training. On each subsequent offense, said person shall be guilty of a misdemeanor and fined $500. In addition, the court may order that the vicious or dangerous dog shall complete dog obedience training.
(b) Any person who is the owner, keeper, possessor, harborer or who maintains, or who has the care, custody or control of a dangerous or vicious dog, and who violates division (C)(1)(b), shall be guilty of a misdemeanor on the first offense and fined $200. In addition, the court may order that the vicious or dangerous dog shall complete dog obedience training. On each subsequent offense, said person shall be guilty of a misdemeanor and fined $500. In addition, the court may order that the vicious or dangerous dog shall complete dog obedience training.
(c) Any person who is the owner, keeper, possessor, harborer or who maintains, or who has the care, custody, or control of a dangerous or vicious dog, and who violates division (C)(1)(c), (d), (e), or (f) shall be guilty of a misdemeanor and fined $500 on the first offense or imprisoned in jail for not more than 30 days or both. On each subsequent offense, said person shall be guilty of a misdemeanor or felony defined by and prosecuted in the municipal, magistrate or circuit court and fined not less than $500 or imprisoned in jail for not more than 30 days or both, according to state law.
(d) An owner or keeper of any dog who permits such dog to run at large shall also be liable for any damages inflicted upon the person or property of another by such dog while so running at large.
(e) The penalties provided for in this section may be in addition to other remedies such as impoundment and destruction as provided for in this article.
(D) Alternative procedure for declaring a dog dangerous or vicious.
(1) An Animal Control Officer or any adult person may request under oath that a dog be classified as dangerous or vicious as defined by submitting a sworn, written complaint. Upon receipt of such complaint, the City Manager, 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 to be considered during the above investigation shall include, but not be limited to, the following:
(a) Provocation;
(b) Severity of attack or injury to a person or domestic animal;
(c) Previous aggressive behavior of the dog;
(d) Site and circumstances of the incident; and
(e) Statements from interested parties.
(3) At the conclusion of an investigation, the City Manager may:
(a) Determine that the dog is not dangerous or vicious 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 or vicious and order the owner to comply with the requirements for keeping dangerous or vicious dogs set forth in division (G) and, if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment.
(E) Notification of dangerous or vicious dog declaration.
(1) Within five business day after declaring a dog dangerous or vicious, the City Manager or his/her designee shall notify the owner by certified mail of the dog's designation as a dangerous or vicious dog and any specific restrictions and conditions for keeping the dog, as set forth in division (G). The City Manager also shall notify the Police Department and the city's Animal Control Officer of the designation of any dog as a dangerous or vicious dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner.
(2) If the City Manager or his/her designee cannot, with due diligence, locate the owner of a dog that has been seized pursuant to this article, the City Manager shall cause the dog to be impounded for not less than five business days. If after five days, the owner fails to claim the dog, the City Manager may cause the dog to be humanely destroyed by offering satisfactory proof before a circuit or magistrate court that such dog is vicious, 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.
(F) Appeal from dangerous or vicious dog declaration. If the City Manager or a designee determines a dog is dangerous or vicious at the conclusion of the investigation conducted under division (D) above, 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 circuit or magistrate court for the purpose of affirming or reversing the City Manager's determination of dangerousness.
(G) Keeping of dangerous and vicious dogs. No owner, keeper, or harborer of a dangerous or vicious dog shall fail to comply with the following requirements:
(1) Leash. No person having charge, custody, control or possession of a dangerous or vicious 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 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 has securely attached, tied or affixed the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person 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 or vicious 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. A muzzle is mandatory; however, it is unlawful for any person to own, keep or harbor any dog known by him to be vicious and/or dangerous or in the habit of biting or attacking other persons, whether or not such dog wears a muzzle or a tag.
(3) Confinement. Except when leashed and muzzled as provided in this section, a dangerous or vicious 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 feet high;
(b) The structure must have a bottom permanently attached to the sides or the sides must be imbedded not less than one foot into the ground; and
(c) The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(4) Indoor confinement. No dangerous or vicious 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. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(5) Signs. All owners, keepers, or harborers of dangerous or vicious dogs shall display in prominent places 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.
(6) Liability insurance; surety bond. The owner of a dangerous and/or vicious dog shall present to the City Manager proof that he or she 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 $100,000 because of damage or bodily injury to or death of a person caused by the vicious dog, covering as well any damage or injury whatsoever that may be caused by the dangerous or vicious 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 or vicious 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 or she shall maintain and not voluntarily cancel the liability insurance policy during the 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 City Manager with notice of any cancellation on the liability insurance policy. In the event that the owner proves to the satisfaction of the City Manager that insurance is not available at any cost, the owner may post with the City Manager a surety bond, of an equivalent amount, payable to any person injured by the dangerous or vicious dog. The decision as to whether a surety bond will be accepted is within the sole discretion of the City Manager.
(7) Mandatory spaying or neutering. Within 30 days of the City Manager's determination that a particular dog is dangerous or vicious, the owner of said dog shall have it spayed or neutered and provide the City Manager with a written statement from the veterinarian who performed the operation verifying the same.
(8) Notification of escape. The owner or keeper of a dangerous or vicious dog shall notify the County Animal Control Officer, the City of Weirton Police Department and the City Manager 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.
(9) Failure to comply. It shall be unlawful and a misdemeanor for any owner of a dangerous or vicious dog registered with the City Manager to fail to comply with the requirements and conditions set forth in this section. An owner or keeper of a dangerous or vicious dog who fails to register the dog shall be guilty of a misdemeanor and fined $500. Each day that the dangerous or vicious 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 $250, with each day that the offense continues being a separate citable offense. Any dog found to be in violation of this division (G) shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this division (G) may result in the City Manager revoking the permit providing for the keeping of such animal. Other ordinances pertaining to penalties for injuries inflicted by dogs shall be in addition to the penalties set forth herein.
(10) All owners of dangerous or vicious dogs at the date of adoption of this section shall be given 60 days after such adoption to comply with the regulations contained within this section.
(11) Request for exemption. Any owner, keeper or harborer of a dangerous or vicious dog may make application to the City Manager to receive exemption from certain provisions of this section if the canine has actual certification for such purposes as therapeutic use, if an owner is a certified breeder, and the like. The decision to grant an exemption is at the sole discretion of the City Manager 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, leashing, and the like or all other sections of this article.
(12) Non-residents. Any owner, keeper or harborer of a dangerous or vicious dog who does not reside within the city limits must still, when brought into the city, obey the above requirements as applicable; however, such non-residents are exempt from division (G)(6) and (7) above.
(H) Permit and tag required for a dangerous or vicious dog.
(1) The owner of a dangerous or vicious dog shall, within three business days after classification of the dog as dangerous or vicious or upon acquisition of such a dog, obtain an annual permit from the City of Weirton Animal Control Officer to harbor the dog. Owners at the effective date of this section shall, within 60 days of such effective date, comply with the registration of such dogs as identified in this section.
(2) If such permit is issued, a tag shall be issued to the owner of the dangerous or vicious dog. The tag shall be worn at all times by the dog to identify it clearly and easily as a dangerous or vicious dog. Annual renewal and tags are required. The owner or keeper of a dangerous or vicious dog who registers but fails to place the foregoing red tag on said dog shall be guilty of a misdemeanor and fined $500. Each day shall be a separate citable offense. Tags shall be available through the Weirton Police Department at a cost of $5 annually.
(3) The permit for maintaining a dangerous or vicious dog shall be presented to an Animal Control Officer or police officer upon demand.
(I) Notification of intent to impound/hearing.
(1) In the event that the County Animal Control Officer, the City Manager, the City Animal Control Officer, or law enforcement agent has probable cause to believe that a vicious or 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 vicious or dangerous dog pending trial.
(2) When the City Manager or his or her designee, the Hancock County Animal Control Officer, the City Animal Control Officer, or law enforcement agent intends to impound a dog declared to be dangerous or vicious for violation of division (G) above, he or she shall notify the owner or custodian of the dog, by certified mail, of the intended impoundment at least five business days prior to the intended impoundment, except as provided in division (J).
(3) The notice of intent to impound shall inform the owner or custodian of the dog that he or she may request in writing, within five business days prior to the intended impoundment, a hearing before the City Manager to contest the intended impoundment and finding of violation.
(4) Upon request by the owner or custodian of the dog for a hearing pursuant to division (3) above, a hearing shall be held within ten 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) If the owner or custodian requests a hearing pursuant to division (3) above, no impoundment shall take place until conclusion of the hearing, except as authorized in division (J).
(6) Nothing in this section shall be construed to limit the authority of the Animal Control Officer or his or her 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) 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) Immediate impoundment.
(1) A dog previously declared to be dangerous or vicious may be immediately impounded without a pre-impoundment hearing when the City Manager or his designee determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of division (G) or when the dog bites a person or domestic animal.
(2) In the event that the City Manager or his or her designee, the Hancock County Animal Control Officer, City Animal Control Officer, or law enforcement agent has probable cause to believe that a vicious or dangerous dog is running at large, then the Animal Control Officer or his or her designee may seize and impound the dog without seeking prior court order.
(3) The owner or custodian of the dog immediately impounded pursuant to division (1) above shall be notified of the impoundment by certified and regular mail within five business days after the dog's impoundment.
(4) 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.
(K) Destruction.
(1) The City Manager or his or her designee, the Hancock County Animal Control Officer, City Animal Control Officer, 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 or vicious whose owner is unable or unwilling to adequately restrain it.
(2) 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 division (I) above.
(3) If no hearing is requested pursuant to division (2) above, the dog shall be destroyed pursuant to applicable provisions of law.
(4) If a hearing is requested pursuant to division (2) above, such hearing shall be held by the City Manager within ten business days after the request; and the dog shall not be destroyed prior to the conclusion of the hearing.
(5) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the city to humanely and safely keep the animal during any legal proceeding regardless of the outcome of such hearing.
(L) Court order to remove or destroy animals. In addition to penalties provided in this chapter, if a magistrate or circuit court determines that an animal is vicious, that on one or more occasions such animal has bitten or attacked a person without provocation 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.
(M) Appeal from order. If a hearing in accordance with the provisions of this section results in the order to humanely destroy a dangerous or vicious dog, 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 days after receiving notice of the destruction order. If an appeal is timely filed, the City Manager 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 the City Manager's decision and/or the Municipal Judge's destruction order.
(N) Change of ownership.
(1) Any owner of a dangerous or vicious dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten days after such change of ownership or residence, provide written notification to the City Manager 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 or vicious to the person receiving the dog. The previous owner shall furnish a copy of such notification to the City Manager along with written acknowledgment by the new owner of his receipt of such notification. The City Manager or his designee shall notify the Weirton Police Department and County Animal Control Officer of any changes of ownership, custody or residence of the dog within three business days after receiving the required information from the previous dog owner.
(2) Any person purchasing or receiving a dog classified as dangerous or vicious, or within the named breeds identified in this section, 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 or vicious dog.
(O) Continuation of dangerous or vicious dog declaration. Any dog that has been declared dangerous or vicious in this city, another municipality, any county, or any state shall be subject to the provisions of this section as long as it remains in the city. The person owning or having custody of any dog designated as a dangerous or vicious dog by any municipality, county, or state government shall notify the City Manager within ten days of moving the animal into the City of Weirton. The restrictions and conditions applicable to dangerous or vicious dogs and contained within this section shall remain in force while the dog remains in the city.
(P) Severability.
(1) If any division, provision, clause or phrase of this section or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other divisions, provisions, clauses or phrases or applications of this section, and to this end each and every division, provision, clause and phrase of this section is declared to be severable. The above division is in addition to and not dependent upon other sections and articles of this code.
(2) Nothing contained in this section shall substitute for any other state or local requirements incumbent upon owners of vicious or dangerous dogs. Likewise, nothing contained in this section, article, or other articles of this code shall constitute a defense to any action for personal injury, wrongful death or damage to property.
('71 Code, § 505.07) (Am. Ord. 2222, passed 1-8-24) Penalty, see § 505.99
Statutory reference:
Court order to remove or destroy animals, see W. V. Code § 19-20-20
Diseases among domestic animals, see W. V. Code Article 19-9
Liability provisions, see W. V. Code § 19-20- 3
Notification of dangerous dog declaration, see W. V. Code § 19-20-20
Vaccination of dogs for rabies, see W. V. Code Article 19-20A