508.01 Purpose and intent.
508.02 Definitions.
508.03 Strict liability provisions.
508.04 Alternative procedure for declaring a dog dangerous or vicious.
508.05 Notification of dangerous or vicious dog declaration.
508.06 Appeal from dangerous or vicious dog declaration.
508.07 Keeping of dangerous and vicious dogs.
508.08 Permit and tag required for a dangerous or vicious dog.
508.09 Notification of intent to impound/hearing.
508.10 Immediate impoundment.
508.11 Destruction.
508.12 Court order to remove or destroy animals.
508.13 Appeal from order.
508.14 Change of ownership.
508.15 Continuation of dangerous or vicious dog declaration.
508.16 Severability.
CROSS REFERENCES
Keeping vicious dogs - see W. Va. Code §19-20 et seq.
Dogs and cats - see GEN. OFF. Art. 507
The purpose of this article is to promote the public health, safety, and general welfare of the citizens of the City of Wheeling. 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.
(Ord. 13176. Passed 1-17-06.)
When used in this article, the following words, terms, and phrases, and their derivations shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) “Animal Control Officer” means the Ohio County Animal Control Officer, Game Wardens, and also may apply to City Law Enforcement Personnel or any person authorized to enforce the laws of the City of Wheeling and State of West Virginia or to investigate and enforce violations relating to animal control or cruelty.
(b) “At large” means that a dog is not under the direct control of the owner, or anywhere off the premises of the owner.
(c) “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.
(d) “Canary Dog.” Any canary dog or Perro do Presa Canario, or any mixed breed of dog which contains, as an element or its breeding, the breed of canary dog or Perro do 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.
(e) “Dangerous Dog.” A dog that, without provocation and subject to Section 508.03(b), 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:
(1) 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
(2) Has severely injured or killed a domestic animal while off the owner’s property; or
(3) Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting; or
(4) Has previously been declared a dangerous dog by another municipality, any county or any state.
(f) “Direct Control” means 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.
(g) “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.
(h) “Muzzle.” A leather, wire or device that, when fitted over an animal’s snout, prevents biting and eating.
(i) “Owner.” Any person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of an animal.
(j) “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.
(k) “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.
(l) “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.
(m) “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.
(n) “Under restraint” means that 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.
(o) “Vicious Dog.” 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 Wheeling employees, delivery persons, or any police or emergency person; or
(5) Belongs to the breed that is commonly known as a pit bull terrier, canary dog, and American bull dog 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.
“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.
(Ord. 13176. Passed 1-17-06.)
(Ord. 13176. Passed 1-17-06.)
(a) 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:
(1) 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;
(2) 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;
(3) 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;
(4) 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;
(5) Bite or otherwise cause physical harm to mail carriers, utility workers, City of Wheeling 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;
(6) Cause serious physical harm to any person, unless the dog was:
A. Being teased, tormented, or abused by a person, or
B. 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.
(b) Defenses.
(1) It shall be an affirmative defense to a violation of Section 508.03(a), Strict Liability Provisions, that the dog was:
A. Securely confined in an automobile or cage which was adequately ventilated;
B. Being used for lawful hunting purposes;
C. Being exhibited at a public dog show, zoo, museum, or public institution;
D. Engaged in any activity approved by the laws of the State.
(2) 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.
(c) Penalty.
(1) 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 Section 508.03 (a)(1) shall be guilty of a misdemeanor offense and fined $100.00. 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 $500.00. In addition, the Court may order that the vicious or dangerous dog shall complete dog obedience training.
(2) 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 Section 508.03(a)(2), shall be guilty of a misdemeanor on the first offense and fined $200.00. 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 $500.00. In addition, the Court may order that the vicious or dangerous dog shall complete dog obedience training.
(3) 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 Section 508.03(a)(3), (4), (5), or (6), shall be guilty of a misdemeanor and fined $500.00 on the first offense or imprisoned in jail for not more than thirty (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 $500.00 or imprisoned in jail for not more than thirty (30) days or both, according to State law.
(4) 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. W. Va. Code §19-20- 3.
(5) 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.
(Ord. 13176. Passed 1-17-06.)
(Ord. 13176. Passed 1-17-06.)
(a) 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 on a form approved by the City Manager. 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.
(b) Criteria to be considered during the above investigation shall include, but not be limited to the following:
(1) Provocation;
(2) Severity of attack or injury to a person or domestic animal;
(3) Previous aggressive behavior of the dog;
(4) Site and circumstances of the incident; and
(5) Statements from interested parties.
(c) At the conclusion of an investigation, the City Manager may:
(1) 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
(2) 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 Section 508.07, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment.
(Ord. 13176. Passed 1-17-06.)
(a) Within five (5) 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 dog or vicious and any specific restrictions and conditions for keeping the dog, as set for in Section 508.06. 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.
(b) 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 (5) business days. If after five (5) 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 municipal court, circuit court, or magistrate 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. (See W. Va. Code § 19-20-20).
(Ord. 13176. Passed 1-17-06.)
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