ARTICLE 505
Animals and Fowl
505.01   Cruelty to animals.
505.02   Cruelty to dogs and cats.
505.03   Nuisance conditions prohibited.
505.04   Barking or howling dogs.
505.05   Hunting prohibited.
505.06   Certain animals and fowl prohibited to be at large; impoundment and disposition.
505.07   Certain animals prohibited.
505.08   Dogs running at large prohibited.
505.99   Penalty.
 
CROSS REFERENCES
Authority to regulate the keeping of animals - see W. Va. Code 8-12-5(26)
Authority to prevent ill-treatment of animals - see W. Va. Code 8-12-5(27)
Domestic animal tax - see W. Va. Code 8-13-10
Disposing of dead animals - see W. Va. Code 16-9-3
Diseases among domestic animals - see W. Va. Code Art. 19-9
Dogs generally - see W. Va. Code Art. 19-20
Vaccination of dogs - see W. Va. Code Art. 19-20A
Hunting - see W. Va. Code Art. 20-2
505.01 CRUELTY TO ANIMALS.
   (a)   No person shall intentionally, knowingly or recklessly:
      (1)   Mistreat an animal in a cruel manner;
      (2)   Abandon an animal;
      (3)   Withhold,
         A.   Proper sustenance, including food or water;
         B.   Shelter that protects from the elements of weather; or
         C.   Medical treatment, necessary to sustain normal health and fitness or to end the suffering of any animal;
      (4)   Abandon an animal to die;
      (5)   Leave an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result;
      (6)   Ride an animal when it is physically unfit;
      (7)   Bait or harass an animal for the purpose of making it perform for a person’s amusement;
      (8)   Cruelly chain or tether an animal; or
      (9)   Use, train or possess a domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal.
   (b)   No person, other than a licensed veterinarian or a person acting under the direction or with the approval of a licensed veterinarian, shall knowingly and willfully administer or cause to be administered to any animal participating in any contest any controlled substance or any other drug for the purpose of altering or otherwise affecting such animal's performance.
   (c)   Any person convicted of a violation of this section shall forfeit his or her interest in any such animal and all interest in such animal shall vest in the humane society or county pound of the county in which the conviction was rendered, and such person shall, in addition to any fine imposed, be liable for any costs incurred or to be incurred by the humane society or county pound as a result.
   (d)   For the purpose of this section, "controlled substance" has the same meaning ascribed to it by West Virginia Code 60A-1-101(d).
   (e)   The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management, nor to humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C. Section 2131 et seq. and the regulations promulgated thereunder, as both such statutes and regulations are in effect on the effective date of this section.
(WVaC 61-8-19)
505.02 CRUELTY TO DOGS AND CATS.
   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)
505.03 NUISANCE CONDITIONS PROHIBITED.
   No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious, or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public. Any animal owner that leaves animal excrement on the City streets or sidewalks will be fined as follows:
   $100.00 for the First Offense
   $250.00 for the Second Offense
   $500.00 for the Third Offense
(Ord. 2016-2017-9. Passed 3-14-17.)
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