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(a) The City Manager or his designee, the Ohio County Animal Control Officer, Animal Warden or Law Enforcement Officer, may order the destruction of a dog that it determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual, or a dog declared dangerous or vicious whose owner is unable or unwilling to adequately restrain it.
(b) Notice to destroy and the availability of a hearing to appeal the order of destruction may be had by following the steps of appealing impoundment as stated in Section 508.09 of this article.
(c) If no hearing is requested pursuant to subsection (b) hereof, the dog shall be destroyed pursuant to applicable provisions of law.
(d) If a hearing is requested pursuant to subsection (b) hereof, such hearing shall be held by the City Manager within ten (10) business days after the request; and the dog shall not be destroyed prior to the conclusion of the hearing.
(e) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the City of humanely and safely keep the animal during any legal proceeding regardless of the outcome of such hearing.
(Ord. 13176. Passed 1-17-06.)
In addition to penalties provided in this chapter, if a court determines that an animal is vicious, that on one or more occasions such animal has bitten or attacked a person without provocation or that the owner of the animal has habitually permitted such animal to run at large or violate provisions of this chapter on one or more occasions so as to constitute a nuisance, the court may, in order to protect the health, welfare, safety and property of the residents of the City, order that such animal be removed from the City or be humanely destroyed. (W. Va. Code §19-20-20).
(Ord. 13176. Passed 1-17-06.)
(Ord. 13176. Passed 1-17-06.)
If a hearing in accord with the provisions of this article results in the ordering of a dangerous or vicious dog to be humanely destroyed, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten (10) days after receiving notice of the destruction order. If an appeal is timely filed, the City Manager or the Municipal Court Judge shall suspend the destruction order pending the final determination of the court. The appeal shall be a proceeding for the purpose of affirming or reversing City Manager’s decision and/or the Municipal Judge’s destruction order.
(Ord. 13176. Passed 1-17-06.)
(a) Any owner of a dangerous or vicious dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten (10) days after such change of ownership or residence, provide written notification to the City Manager of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog’s classification as dangerous or vicious to the person receiving the dog. The previous owner shall furnish a copy of such notification to the City Manager along with written acknowledgment by the new owner of his receipt of such notification. The City Manager or his designee shall notify the Wheeling Police Department and County Animal Control Officer or any changes of ownership, custody or residence of the dog within three (3) business days after receiving the required information from the previous dog owner.
(b) Any person purchasing or receiving a dog classified as dangerous or vicious, or within the named breeds identified in this article, must obtain the required permit, tag and enclosure prior to acquisition of the dog. The new owner shall comply fully with the provisions of this article pertaining to obtaining liability insurance, payment of fees, and maintenance, control and ownership of a dangerous or vicious dog.
(Ord. 13176. Passed 1-17-06.)
Any dog that has been declared dangerous or vicious by this City, another municipality, any county, or any state shall be subject to the provisions of this article as long as it remains in the City. The person owning or having custody of any dog designated as a dangerous or vicious dog by any municipality, county, or state government shall notify the City Manager within ten (10) days of moving the animal into the City of Wheeling. The restrictions and conditions applicable to dangerous or vicious dogs and contained within this article shall remain in force while the dog remains in the City.
(Ord. 13176. Passed 1-17-06.)
(a) If any article, section, subsection, provision, clause or phrase of this chapter or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other articles, sections, subsections, provisions, clauses or phrases or applications of the chapter, and to this end each and every article, section, subsection, provision, clause and phrase of this chapter is declared to be severable. The above article is in addition to and not dependant upon other Sections and Articles of this Code.
(b) Nothing contained in this section shall substitute for any other state or local requirements incumbent upon owners of vicious or dangerous dogs. Likewise, nothing contained in this section, article, or other articles of this code shall constitute a defense to any action for personal injury, wrongful death or damage to property.
(Ord. 13176. Passed 1-17-06.)