(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.)