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16-1.1 Definitions
16-1.2 Enforcement Duties
16-1.3 Right of Entry for Inspection
16-1.4 Removal of Animals or Fowl which Constituted a Health Hazard
16-1.5 Authority of Health Officer to Prohibit the Keeping of Animals and Fowl
16-1.6 Conditions for Keeping Animals and Fowl; Proximity to Other Property
16-1.7 Interference with Officers and Agents
16-1.8 Privilege Tax and Exceptions to Tax; Tags Nontransferable; No Refunds
16-1.9 Running at Large Prohibited; Impounding; Conditions for Release of Impounding Dog
16-1.10 Cruelty to Animals
16-1-11 Certain Animals Undesirable and Prohibited in the Town of West Union
16-1.12 Vicious or Rabid Animals
16-1.13 Animal Owner Responsibilities
16-1.14 Town of West Union Designated a Bird Sanctuary
16-1.15 Penalty
16-1.16 Liability
16-1.17 Invalid Provisions and Inconsistent Ordinances
16-1.18 Effective Date
16-1.1 Definitions
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
a- “Animals” and ”fowl” shall be as specifically named herein, by whatever name they might be called.
b-”Owner” means any person or persons, firm, association or corporation, owning, keeping or harboring animals or fowl.
c- “At large” means not secured on the owner’s premises nor secured by leash, cord or chain.
d- “Approval” means approval by the Doddridge County Health Officer or his/her authorized representative.
e- “Rodentproof” means a state or condition not conducive to the entry, feeding or harboring of rodents.
f- “Sanitary” means a condition of good order and cleanliness which precludes the probability of disease transmission.
g- “Health Officer” means the Doddridge County Health Department agent or his/her representative.
h- “Humane Officer” means the Doddridge County Humane Society agent or his/her representative.
i- “Agent” means an agent of the Town of West Union.
j- “Controlled substance” shall have the same meaning ascribed in WV Code 60A-1-101(d).
16-1.2 Enforcement Duties
The provisions of this article shall be enforced by the Humane Officer, Health Officer, or agents of the Town of West Union, and may also be enforced by any police officer. All such officers shall be authorized to issue citations to persons accused of violation of any provisions of this article returnable to the Town of West Union Municipal Court in the same manner as traffic citations.
16-1.3 Right of Entry for Inspection
The Health Officer, the Humane Officer or their authorized representatives, have the duty and are authorized to access any property at any reasonable hour of the day to make inspection for the purpose of carrying out the provisions of this article.
16-1.4 Removal of Animals or Fowl which Constituted a Health Hazard
It shall be the duty of the Health Officer to issue orders requiring the removal of animals and fowl from within the corporate limits of the Town of West Union when the keeping of such animals and fowl is in violation of this article, and at all times when the keeping of such animals may constitute a hazard to the public health.
The Health Officer may issue orders requiring owners of animals or lessees of properties where such animals or fowl are quartered, to routinely clean coops, stalls, stables, etc. and to maintain such appurtenances in a clean condition. Failure to maintain the premises in a satisfactory condition at all times following a receipt of such an order of the Health Officer shall be considered justification for removal of such animals or fowl from the corporate limits.
16-1.5 Authority of Health Officer to Prohibit the Keeping of Animals and Fowl
The Health Officer is hereby authorized to prohibit the keeping of animals and fowl within the corporate limits of the Town of West Union when it has been determined that the keeping of such is not in compliance with the provisions of this article, and when the keeping of such animals and fowl may prove detrimental to the public health by creating or causing situations conducive to the breeding and attracting of flies and other injurious insects; the breeding, feeding and harboring of rats, and conditions which may give rise to offensive smells and odors.
Approval for the maintenance of animals and fowl may be at the discretion of the Health Officer. Owners and keepers of such animals and fowl, when specifically notified to dispose of them by the Health Officer shall comply within thirty days of such notice, and correct all deficiencies in keeping with the standards herein prescribed.
16-1.6 Conditions for Keeping Animals and Fowl; Proximity to Other Property
a- The Health Officer shall approve the keeping of animals and fowl on public property and private premises only when the keeping of such animals and fowl will not injuriously affect the public health or welfare, and in no case shall the keeping of animals and fowl be permitted within fifty linear feet of any residence, place of business, industry or establishment. This section shall not apply to small animal hospitals under the direct supervision of a licensed veterinarian.
b-No person shall keep or harbor upon or about his premises, any animal of the dog or cat species which shall, by barking, howling, squalling, crying or in any other manner whatsoever, disturb the comfort or quiet of any neighborhood within the limits of the Town of West Union. Noisy dogs or cats are hereby declared to be public nuisances and a menace to the public safety.
16-1.7 Interference with Officers and Agents
No person shall interfere in any way with any officer or agent of the Town of West Union in the performance of his duties under this article.
16-1.8 Privilege Tax and Exceptions to Tax; Tags Nontransferable; No Refunds
There is hereby levied annually, from January 1, a privilege tax upon the owner of any dog above the age of eight months. The tax shall be three dollars ($3.00) for each dog or cat, payable to the Town of West Union (which tax shall be in addition to that payable to the County Assessor as provided by the West Virginia Code). The provisions of this section shall not be intended to apply to dogs whose owners are nonresidents temporarily within the Town of West Union, nor to dogs brought into the Town of West Union for the purpose of participating in any dog show, nor to properly trained seeing-eye dogs assisting blind persons.
Every owner shall be required to provide each dog with a collar, to which the license tag, issued by the Town of West Union, as well as the one issued by the County Assessor, shall be affixed. Dog tags shall not be transferable from one dog to another and no refunds shall be made because of death of the dog or the owner’s selling the dog or leaving the Town of West Union before expiration of the license period.
16-1.9 Running at Large Prohibited; Impounding; Conditions for Release of Impounding Dog
The owner or keeper of an animal or fowl shall secure such upon their premises in such a manner so it will not run at large within the limits of the Town of West Union.
Any animal or fowl found running at large shall be impounded. The Humane Officer shall make a complete registry pertaining to the animal. Not later than twenty-four hours after the impounding of any dog, the owner shall be notified, or, if the owner is unknown, written notice describing the dog and the place and time of taking shall be posted at the Office of the Humane Officer for five days.
For the purposes of this section, a completed telephone call to the residence of the owner or the mailing of a postal card or letter, first class, to the owner at the owner’s residence address as indicated by dog licensing data, shall be deemed notice. The owner of any dog so impounded may reclaim such dog upon payment of the Town of West Union license tax, if due and unpaid plus all costs and charges incurred for impounding and the maintenance of such dog. The following charges shall be paid:
a- Fees for impounding and giving notice on any animal or fowl shall be determined by the Mayor and Town Council of the Town of West Union.
b- Fees for keeping and maintaining any animal or fowl, at a rate per day shall be determined by the Mayor and Town Council of the Town of West Union.
No animal shall be released until the owner has obtained a current Town of West Union license if the dog is to be kept within the limits of the Town of West Union.
All dogs impounded, unless sooner redeemed by the owner thereof, shall be impounded for a period of five days. If at the expiration of five days from the date of notice to the owner or the posting of notice, such dog has not been redeemed, it may be humanely destroyed, sold or otherwise disposed of.
16-1.10 Cruelty to Animals
a- No person shall cruelly mistreat, abandon or withhold proper sustenance, including food, water, shelter or medical treatment necessary to sustain normal health and fitness or to end suffering, or abandon any animal to die, or use, train or possess any 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- The provisions of this section do not apply to 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)
e- 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 be his or her own or that of another person. No person shall impound or confine any such 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 putting 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)
f- No person shall poison any animal or fowl.
16-1-11 Certain Animals Undesirable and Prohibited in the Town of West Union
No person shall bring into the Town of West Union from any state, territory, county or jurisdiction outside the Town of West Union, on, over or along any public street, any animal which is not fit for use, or which is not free from lameness, sores or vicious propensities likely to cause a delay in traffic, obstruct any such street, spread contagious disease, or cause accident or injury on any such street or place, to persons or property using the same. No person shall drive or work any such animal on, over or along any public street in the Town of West Union, nor shall the owner of any such animal allow or permit the same to be driven or worked on, over or along the same or be brought on, along or over the same into the Town of West Union from any other state, territory, county or jurisdiction beyond the territorial limits of the Town of West Union.
No farm animals shall be kept within the corporate limits of the Town of West Union including but not limited to pigs and swine, goats, chickens, cows, horses, sheep, turkeys, donkeys and mules and domesticated wild animals, excluding domesticated cats and dogs.
Variances from the foregoing provisions may be granted by the Director of Code Enforcement based upon but not limited to the following criteria:
a- Whether or not the animal is a domestic pet;
b- The space available to confine said animal;
c- The probability of whether said animal is likely to be a public nuisance;
d- That the maintenance of the animal will not disrupt the peace and quiet of the neighborhood;
e-That the owner of said animal maintains adequate hygiene conditions; and
f- There is no danger to the health, safety and welfare of the citizens by reason of the maintenance of said animal.
Any person or entity requesting a variance from the provisions of this sub-paragraph shall pay a non-reimbursable fee of twenty-five dollars ($25.00) upon filing for such variance.
No person shall own, keep or harbor any dog or cat known by him, or which in the exercise of reasonable diligence he should know, to be vicious, dangerous or in the habit of biting or attacking persons, or to be suffering with rabies. Vicious or dangerous animals or animals suffering with rabies are hereby declared to be public nuisances and a menace to the public safety and may be summarily destroyed if found running at large.
If a dog, cat or other animal is suspected to have rabies or to have been bitten by an animal suspected of having rabies, such animal shall be confined by a leash or chain on the owner’s premises and shall be placed under the observation of a veterinarian or Health Officer at the expense of the owner for a period of two weeks. The owner shall notify the Humane Officer of the fact, and the Humane Officer, at his discretion, is hereby empowered to have such animal removed from the owner’s premises to a veterinary hospital and there placed under observation for a period of two weeks at the expense of the owner.
No person knowing or suspecting an animal of having rabies shall allow it to be taken off his premises without the written permission of the Health Officer and the Humane Officer. Every owner or other person, upon ascertaining an animal is rabid shall immediately notify the Humane Officer or a police officer, who shall either remove the animal to the pound, or summarily destroy it
16-1.13 Animal Owner Responsibilities
a-Exception of a helper animal such as a seeing-eye dog, to enter any store where goods, merchandise, foodstuffs or other commodities are sold.
b- No person owning or having custody of any dog, cat or any other animal shall permit any such animal to defecate on any school ground, public street, alley, sidewalk, tree bank, park or any other public grounds or any private property within the Town of West Union, other than the premises of the owner or person having custody of said dog, cat or other animal, unless said defecation is removed immediately and disposed of in an appropriate manner.
16-1.14 Town of West Union Designated a Bird Sanctuary
a- The Town of West Union is hereby designated and declared to be a bird sanctuary.
b- No person shall trap, hunt, shoot or molest in any manner whatever, any wild bird, fowl or other animal in the Town of West Union. However, if starlings, pigeons or similar wild birds or animals congregate in a particular place or area in such numbers that they constitute a nuisance or hazard to the health or property of any person, then such person or Health Officer may take such action in the premises as may be necessary or appropriate to eliminate such nuisance or hazard after first obtaining the written permission of the Police Chief as to any such proposed action and provided that such action is supervised by the Chief or by his duly designated subordinate officer. The Police Chief may consult with any local society or agency interested in the humane treatment or conservation and preservation of wild birds, fowl and
other animals respecting the matter of what action might be necessary or appropriate in a given case.
16-1.15 Penalty
a- Whoever violates any provision of this article, or who fails or refuses to comply with any notice issued by any officer or agent of the Town of West Union with reference to the enforcement of the provisions of this article, for which no penalty is provided, shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
b- Whoever violates WV Section 505.10 shall be fined not more than one thousand dollars ($1,000). (WVaC 61-8-19) In addition the Humane Officer 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.
16-1.16 Liability
The provisions of this Ordinance are severable, and in the event that any provision or part thereof shall be held invalid for any reason by any Court exercising competent jurisdiction, then such invalidity shall not be deemed to affect or impair any of the other provisions or parts of this Ordinance not specifically held to be invalid. It is hereby declared to be the intent of the Town of West Union that this Ordinance would have been adopted if any such invalid provision or part hereof had not been included herein.
16-1.17 Invalid Provisions and Inconsistent Ordinances
The provisions of this Ordinance are severable, and in the event that any provision or part thereof shall be held invalid for any reason by any Court exercising competent jurisdiction, then such invalidity shall not be deemed to affect or impair any of the other provisions or parts of this Ordinance not specifically held to be invalid. It is hereby declared to be the intent of the Town of West Union that this Ordinance would have been adopted if any such invalid provision or part hereof had not been included herein.
All other ordinances or parts of ordinances in conflict with provisions herein are hereby repealed.
16-1.18 Effective Date
This Ordinance shall be deemed effective thirty (30) days following the second (2nd) reading, passage and adoption by the Council of the Town of West Union. (Passed: September 4,2007) Adopted on October 2, 2007.
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