For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL WARDEN. The person designated as such by the Mayor and Common Council.
AT LARGE. Any animal or fowl when not upon property owned or lawfully occupied by its keeper, or when upon the property of another without the consent of the owner or lawful occupant of such property shall be deemed to be AT LARGE unless such animal or fowl is held on a leash or otherwise under the effective control of a responsible person.
DANGEROUS DOG. Includes:
(1) Any dog with a known propensity, tendency, or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals;
(2) Any dog which, in a vicious or threatening manner, approaches any person or another domestic animal in an apparent attack upon the person or the domestic animal;
(3) Any dog which attacks or bites, or has attacked or bitten a human being or domestic animal;
(4) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting; or
(5) Any dog already determined to be an aggressive dog at large as defined in this chapter.
DOG. Include female dogs as well as male dogs.
ENCLOSURE.
(1) A fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog.
(2) An ENCLOSURE shall be securely enclosed and locked and designed to prevent the animal from escaping from the ENCLOSURE.
(3) If such ENCLOSURE has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot.
KEEPER. Any person owning or having possession or custody of an animal or fowl or any person keeping, harboring, or caring for an animal or fowl shall be deemed to be the KEEPER thereof; thus, the owner of an animal or fowl shall continue to be a KEEPER thereof even though another person may be harboring or caring for such animal or fowl and is likewise a KEEPER thereof.
OWNER. An individual who has lawful title to a dog, or is the keeper or harborer of the dog. A parent or legal guardian shall be deemed to be the OWNER of a dog maintained by or on behalf of a minor upon the premises of the parent or legal guardian.
(Prior Code, § 4-1) (Ord. passed 11-2-2020)
Statutory reference:
As to diseases among domestic animals, see W. Va. Code 19-9-1 et seq.
As to domestic stock law, see W. Va. Code 19-18-1 et seq.
Authority to regulate and prohibit the keeping of animals, see W. Va. Code 8-12-5(26)