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Wheeling Overview
Codified Ordinances of Wheeling, WV
CODIFIED ORDINANCES OF THE CITY OF WHEELING, WEST VIRGINIA
CERTIFICATION
ROSTER OF OFFICIALS
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
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507.03 REMOVAL OR ALTERATION OF DOG REGISTRATION OR TAG.
   No person shall remove, alter or forge any certificate or tag provided for in this article, or display, present or utter such certificate as valid with knowledge that it has been altered or forged, or knowingly cause or permit any dog owned, kept or harbored by him to wear any fictitious, altered or invalid registration tag in place of a valid tag as requried by this article.
(Ord. 7369. Passed 9-8-81.)
507.04 CITY POUND.
   The City Manager is authorized to provide within the City a suitable pound for animals seized under the provisions of this article.
(Ord. 7369. Passed 9-8-81.)
507.05 DOGS AND CATS RUNNING AT LARGE.
   No person owning or possessing any dog or cat shall permit the same to run at large. For the purpose of this paragraph, "running at large" means the presence of a dog or cat at any place except upon the premises of the owner.
   A dog or cat shall not be considered to be running at large if it is on a leash or otherwise under control of a person physically able to control it.
   No dog or cat shall be permitted in any cemetery.
(Ord. 7369. Passed 9-8-81.)
507.06 SEIZURE OF DOG OR CAT RUNNING AT LARGE; IMPOUNDING.
   Any dog or cat found to be running at large may be seized by any humane officer or police officer and impounded. All dogs and cats seized and impounded shall be kept housed and fed for seven days after notice of seizure and impounding has been given or posted as required by State law. At the expiration of this period, all dogs and cats which have not been redeemed as herein provided by their owners shall be sold or humanely destroyed. No dog sold as herein provided shall be discharged from the pound until such dog has been registered and provided with a valid registration tag.
   The owner, keeper or harborer of any dog or cat seized and impounded under this section may, at any time prior to the expiration of seven days from the time that the notice of the seizure and impounding of the dog or cat has been given or posted as requried by State law, redeem the same by paying to the Humane Officer or his authorized agent or deputy all the costs assessed against such dog or cat, and by providing a valid certificate of registration and registration tag for such dog.
   Reasonable costs and fees, in such amount as may be determined from time to time by the City Manager, shall be assessed against every dog or cat seized and impounded under this section. Such costs shall be a valid claim in favor of the City against the owner, keeper or harborer of any dog or cat seized and impounded under this section and not redeemed or sold as herein provided, and such costs may be recovered by the City in a civil action against such owner, keeper or harborer.
   A record of all dogs and cats impounded, the disposition of such animals, and a statement of costs assessed against each such dog or cat shall be kept by the Humane Officer.
(Ord. 7369. Passed 9-8-81.)
507.07 NUISANCE BY ANIMALS.
   No owner, keeper or walker of any cat or dog shall permit such animal to discharge excreta upon any public or private property within the City, other than the property of the owner of such cat or dog, unless such owner, keeper or walker immediately thereafter removes and cleans up such animal's excreta.
(Ord. 7369. Passed 9-8-81.)
507.08 KEEPING OF NUMEROUS DOGS AND CATS.
   The keeping of an unlimited number of dogs and cats in the City for a considerable period of time detracts from and, in many instances, it detrimental to the healthful and comfortable life for which such areas were created. The keeping of an unlimited number of dogs and cats may therefore be declared a public nuisance.
   No person who owns, keeps or possesses any dogs or cats shall fail to exercise proper care and control of such animals to prevent them from becoming a public nuisance. Excessive, continuous or untimely barking or crying, molesting passersby, chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds, or trespassing upon private property in such manner as to damage property and similar acts, shall be deemed a nuisance.
   No person who owns, keeps or possesses any dogs or cats shall fail to provide such animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. No person shall beat, cruelly illtreat, torment or otherwise abuse any dog or cat, or cause or permit any dogfight, or other combat between animals or between animals and humans. No person, for any such reason, shall crop a dog's ears except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog's health or comfort and in no event shall any person except a licensed veterinarian perform such an operation.
   No person who owns, keeps or possesses any number of dogs or cats shall fail to maintain any enclosure or other place such animal is kept in a clean or sanitary condition. Further, such place must be free of any unwholesome or offensive substance, liquid or odor. Conditions which exist contrary to these requirements shall be deemed a public nuisance.
   Upon receiving a signed complaint, the City Manager or his duly authorized representative, upon displaying proper identification may enter any building, structure or premises in the City during reasonable hours to determine if the keeping of any dogs or cats thereon constitutes a public nuisance. If any person refuses entrance to such City official during reasonable hours, such official may seek an order from the Circuit Court to permit such entry to the premises as may be necessary to ensure compliance with this section.
   Any person found to be in violation of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or imprisoned not more than thirty days, or both. This penalty is in lieu of those set forth in Section 507.99.
(Ord. 7369. Passed 9-8-81; Ord. 11285. Passed 7-1-97.)
507.09 CONFINEMENT OF FEMALE DOGS.
   Every person owning or harboring a female dog, whether licensed or unlicensed, shall keep such dog confined in a building or secure enclosure for twenty-five days during the period of estrus.
(Ord. 7369. Passed 9-8-81.)
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