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No person shall cruelly, or needlessly beat, torture, torment, mutilate, kill or willfully deprive necessary sustenance, to any dog or cat, irrespective of whether any such dog or cat is his or her own or that of another person. No person shall impound or confine any dog or cat in any place unprotected from the elements or fail to supply the same with a sufficient quantity of food and water, or abandon to die any maimed, sick or diseased dog or cat or be engaged in or employed at dogfighting, or pitting one dog or cat to fight against another dog or cat or any similar cruelty to any dog or cat, or receive money for the admission of any person, or use, train or possess a dog or cat for the purpose of seizing, detaining or maltreating any other dog or cat.
(WVaC 61-8-19a)
Shelter must protect the dog or cat from the elements of weather provided that, for purposes of this subsection, any animal kept outside shall be provided with structurally sound weatherproof enclosure, large enough to accommodate the animal with adequate room for movement and insulated so as to protect the animal from extreme heat or cold temperatures.
(Ord. 15866. Passed 4-18-23.)
(a) It is unlawful to attach chains ot other tethers, restraints or implements directly to a dog or cat without the proper use of a collar, harness, or other device designed for the purpose and designed to prevent injury to the animal.
(b) No person shall;
(1) Except as provided in subsection (b)(2), tether a dog or cat for more than two continuous hours; provided that tethering of the same dog or cat may resume after a hiatus of three continuous hours; and provided further that the tethering of the same dog or cat shall not be tethered more than three times in a 24-hour period; or
(2) When the outside temperature is equal to or greater than 90 degrees Fahrenheit or equal or less than 20 degrees Fahrenheit, tether a dog or cat for more than one continuous hour; provided that tethering of the same dog or cat may resume after a hiatus of three continuous hours; and provided further that the tethering of the same dog or cat is allowed no more than two times in a 24 hour period; or
(3) Use a tethering device, including, but not limited to, chain, leash, rope, collaring device, or any assembly or attachments thereto, the weight of which inhibits the free movement of the animal within the area tethered; provided that for the purpose of the subsection, in no event shall the tethering device, including any assembly or attachments thereto, weight more than 1/8 of the animals body weight; or
(4) Tether a dog or cat in such manner as to cause injury, strangulation, or entanglement of the dog or cat on fences, trees, or other man-made or natural obstacles.
(c) For the purpose of tethering a dog or a cat, the chain, leash, rope, or other tethering device used shall be at least ten feet in length, unless this length allows the dog or cat to be on property other than the owner's property, or results in a violation of subsection (b) (4).
(Ord. 15866. Passed 4-18-23.)
(a) Any police officer may issue a citation to the owner, keeper or harborer of a dog or cat for any violation of this article other than Section 507.12. The penalty for the first such violation shall not exceed one hundred dollars ($100.00); the penalty for a second violation shall not exceed two hundred dollars ($200.00); and the penalty for a third or subsequent violation within three years of the anniversary date of the first violation shall not exceed three hundred dollars ($300.00).
Whoever fails to pay such penalty or penalties to the Director of Finance within seven days of receipt of such citation shall be subject to the enforcement and penalty provisions of Article 501.
In the alternative, if such owner, keeper or harborer of an animal charged as provided herein, desires to contest such citation, that person must contact the Clerk of the Police Court within seven days of receipt of such citation and the Clerk shall then set the matter to be heard at the next regular session of the Police Court. At the time such request is made to the Clerk, the person requesting to be heard shall post adequate surety to assure appearance in Court at the designated session.
Furthermore any dog found to be running at large in violation of Section 507.05 and such dog commits any type of attack, bite, endangerment or infliction if injury of a human being or upon a domestic animal as such attacks are further defined in Article 508 - Dangerous and Vicious Dogs, shall be subject to a fine of not less than five hundred dollars ($500.00). Any dog cited under this Article may also be cited under Article 508 as they are separate offenses.
This provision shall not interfere with the rights of any law enforcement officer to arrest on view for crimes or misdemeanors now provided for by this article.
(Ord. 14146. Passed 6-21-11.)
(b) Whoever violates Section 507.12 shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both. In addition the County Dog Warden may remove the dog or cat involved and place it in the pound and such dog or cat shall not be returned to the owner or perpetrator of the act of cruelty, but shall be put up for adoption to a desirable home or given into the care of a humane society or upon the recommendation of a licensed veterinarian shall be humanely destroyed.
(WVaC 61-8-19a; Ord. 11285. Passed 7-1-97.)