COMMITTEE SUBSTITUTE
FOR
H. B. 2861
(By Delegates Houston, Marshall,
Yeager and Compton)
(Originating in the Committee on the Judiciary)
[March 5, 1999]
A BILL to amend and reenact sections four and five, article
ten, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to
further amend and reenact sections six and eight, article
twenty, chapter nineteen of said code, all relating to
prohibiting the shooting of dogs or cats at county pounds
or animal shelters that receive county or state funds;
and clarifying criminal penalties for inhumane
destruction of cats and dogs.
Be it enacted by the Legislature of West Virginia:
That sections four and five, article ten, chapter seven
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that
sections six and eight, article twenty, chapter nineteen of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS
ARTICLE 10. HUMANE OFFICERS.
§7-10-4. Custody and care of animals abandoned, neglected or
cruelly treated; hearing; liability for costs;
exclusions.
(a)
A humane officer shall take possession of any animal,
including birds or wildlife in captivity, known or believed to
be abandoned, neglected, deprived of necessary sustenance,
shelter or medical care or cruelly treated or used, as defined
in sections nineteen and nineteen-a, article eight, chapter
sixty-one of this code.
(b) The owner, or person in possession, if his or her
identity and residence is known, of any animal seized pursuant
to subsection (a) of this section, shall be provided written
notice of such seizure, their liability for the cost and care
of the animal seized as herein provided, and the right to
request a hearing before a magistrate in the county wherein
the animal was seized. The magistrate court shall schedule
any hearing so requested within ten working days of the
receipt of the request. The failure of an owner or person in
possession to request a hearing within five working days of
the seizure shall be deemed prima facie evidence of the abandonment of said animal. At the hearing, if requested, the
magistrate shall determine if probable cause exists to believe
that such animal was abandoned, neglected or deprived of
necessary sustenance, shelter or medical care, or otherwise
treated or used cruelly as set forth herein.
(c) Upon finding of such probable cause, or if no hearing
is requested, if the magistrate finds probable cause based
upon the affidavit of the humane officer, the magistrate shall
enter an order authorizing any humane officer to maintain
possession of the animal pending further proceedings, appeal
or the disposition of any criminal charges pursuant to chapter
sixty-one of this code.
(d) Any person whose animal is seized and against whom a
finding of probable cause is rendered pursuant to this section
is liable for the costs of the care, medical treatment and
provisions for such animal during any period it remains in the
possession of the humane officer.
(e) If, after the humane officer takes possession of the
animal pursuant to the finding of probable cause, it is
determined by a licensed veterinarian that the animal should
be humanely destroyed to end its suffering, the veterinarian
may order the animal to be humanely destroyed according to
acceptable humane standards and neither the humane officer nor
the veterinarian may be subject to any civil or criminal liability as a result of any such determination.
(1) The terms "humanely destroyed" and "destroyed
according to acceptable humane standards" as used in this
section mean humane euthanasia of dogs and cats in the
following order of preference: (A) A lethal solution of sodium
pentobarbital, a sodium pentobarbital derivative, or the most
recent "euthanasia drug of choice" as defined in section
eight, article ten-a, chapter thirty, to be administered by
intravenous injection by hypodermic needles by a licensed
veterinarian, or by a certified animal euthanasia technician
in accordance with the provisions of article ten-a, chapter
thirty of this code; and (B) any other procedure approved by
the American Veterinary Medical Association, the Humane
Society of the United States or the American Humane
Association.
(2) Emergency method. -- The following method shall be
used only in an emergency situation in which the mandatory
method of euthanasia of cats and dogs cannot be implemented
expeditiously and will cause undue suffering. The following
method shall not be used as a substitute for the mandatory
method: The animal may be destroyed by shooting, provided
that:
(A) The animal is restrained in a humane manner;
(B) The shooting is performed by a highly skilled and trained personnel utilizing a weapon and ammunition of
suitable caliber and other characteristics to produce
instantaneous death by a single shot; and
(C) Maximum precaution is taken to protect the general
public, employees and other animals.
(f) 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,
wildlife or game farm production and management, nor to the
humane use of animals or activities regulated under and in
conformity with the provisions of 7 U.S.C. § 2131 et seq. and
the regulations promulgated thereunder, as both such statutes
and regulations are in effect on the effective date of this
section.
§7-10-5. Destruction of animals.
(a) Any such officer may lawfully destroy or cause to be
destroyed any animal in his charge, when in the judgment of
such humane officer, and by the written certificate of a
regularly licensed veterinary surgeon, such animal appears to
be injured, disabled, diseased past recovery, or the animal is
unclaimed.
(b) The terms "destroy" or "cause to be destroyed" as
used in this section mean humane euthanasia of dogs and cats in the following order of preference: (1) A lethal solution of
sodium pentobarbital, a sodium pentobarbital derivative, or
the most recent "euthanasia drug of choice" as defined in
section eight, article ten-a, chapter thirty, to be
administered by intravenous injection by hypodermic needles by
a licensed veterinarian, or by a certified animal euthanasia
technician in accordance with the provisions of article ten-a,
chapter thirty of this code; and (2) any other procedure
approved by the American Veterinary Medical Association, the
Humane Society of the United States or the American Humane
Association.
(c) Emergency method. -- The following method shall be
used only in an emergency situation in which the safety of
people or other animal life is threatened or in a situation in
which the mandatory method of euthanasia of cats and dogs
cannot be implemented expeditiously and will cause undue
suffering. The following method shall not be used as a
substitute for the mandatory method: The animal may be
destroyed by shooting, provided that:
(1) The animal is restrained in a humane manner;
(2) The shooting is performed by a highly skilled and
trained personnel utilizing a weapon and ammunition of
suitable caliber and other characteristics to produce
instantaneous death by a single shot; and
(3) Maximum precaution is taken to protect the general
public, employees and other animals.
CHAPTER 19. AGRICULTURE.
ARTICLE 20. DOGS AND CATS.
§19-20-6. County dog warden; rules for dog control;
prosecution and penalties for violation of ordinances.
(a) The county commission of each county may appoint and
employ a county dog warden, and
such any number of deputies,
for
such a time, and at
such compensation, as such county
commission shall
deem consider reasonable and necessary to
enforce the provisions of this code with respect to the
control and registration of dogs, the impounding, care and
destruction of unlicensed dogs.
Such The county dog warden
may be appointed a deputy assessor for the purpose of
collecting the dog tax and registration fees, taking the dog
registration and providing the tags authorized by this
article. The county dog warden or any deputies may, in the
discretion of the county commission, be regularly employed
officers or agents of any humane society or society for the
prevention of cruelty to animals, organized and operating
under the laws of this state and owning, controlling and
operating a suitable place within the county for impounding
and destroying dogs. In addition to the compensation provided for above, a bounty of fifty cents per dog shall be paid to
the county dog warden or deputy who captures an unregistered
dog.
Such The county dog warden and deputy wardens shall each
give bond in a sum of not less than one thousand dollars and
not more than two thousand dollars conditioned on the faithful
performance of their duties.
Such The bonds shall be filed
with the county commission by which
such the persons are
appointed.
The county dog warden and his
or her deputies shall
patrol the county in which they are appointed and shall seize
on sight and impound any dog more than six months of age found
not wearing a valid registration tag, except dogs kept
constantly confined in a registered dog kennel. They shall be
responsible for the proper care and final disposition of all
impounded dogs. The county dog warden shall make a monthly
report, in writing, to the county commission of his
or her
county. When any dog
shall have has been seized and
impounded, the county dog warden shall forthwith give notice
to the owner of
such the dog, if
such the owner be known to
the warden, that
such the dog has been impounded and that it
will be sold or destroyed if not redeemed within five days.
If the owner of
such the dog be not known to the dog warden,
he
or she shall post a notice in the county courthouse. The
notice shall describe the dog and the place where seized and shall advise the unknown owner that
such the dog will be sold
or destroyed if not redeemed within five days.
(b) Any county commission may promulgate and enforce
such
ordinances
and rules,
and regulations not inconsistent with
the provisions of this article, as it considers necessary or
convenient for the control and management of all dogs in the
county, or any portion thereof, regardless of the age of any
such dog:
Provided, That the county commissions may
promulgate and enforce
such ordinances
and rules,
and
regulations to the extent necessary for the implementation of
the provisions contained in this article.
(c) The county commission of each county may provide
in
such an ordinance for the arrest, conviction and punishment of
any person who violates the provisions thereof. The county
commission of each county may provide in any
such ordinance
that any person who violates the provisions of the ordinance
is guilty of a misdemeanor and, upon conviction thereof, that
such the person is subject to a fine or fines. The amount of
such the fine for a single violation of any such ordinance may
not exceed one hundred dollars. Magistrate courts and circuit
courts shall have concurrent jurisdiction with respect to such
misdemeanors.
(d) The terms "destruction," "destroy," "cause to be
destroyed," "humanely destroyed" and "destroyed according to acceptable humane standards" as used in this section and in
section twenty-three, article twenty, chapter nineteen of this
code, mean humane euthanasia of dogs and cats in the following
order of preference: (1) A lethal solution of sodium
pentobarbital, a sodium pentobarbital derivative, or the most
recent "euthanasia drug of choice" as defined in section
eight, article ten-a, chapter thirty, to be administered by
intravenous injection by hypodermic needles by a licensed
veterinarian, or by a certified animal euthanasia technician
in accordance with the provisions of article ten-a, chapter
thirty of this code; and (2) any other procedure approved by
the American Veterinary Medical Association, the Humane
Society of the United States or the American Humane
Association.
(e) Emergency method. -- The following method shall be
used only in an emergency situation in which the safety of
people or other animal life is threatened or in a situation in
which the mandatory method of euthanasia of cats and dogs
cannot be implemented expeditiously and will cause undue
suffering. The following method shall not be used as a
substitute for the mandatory method: The animal may be
destroyed by shooting, provided that:
(1) The animal is restrained in a humane manner;
(2) The shooting is performed by a highly skilled and trained personnel utilizing a weapon and ammunition of
suitable caliber and other characteristics to produce
instantaneous death by a single shot; and
(3) Maximum precaution is taken to protect the general
public, employees and other animals.
§19-20-8. Impounding and disposition of dogs; costs and
fees.
All dogs seized and impounded as provided in this
article, except dogs taken into custody under section two of
this article, shall be kept housed and fed in the county dog
pound for five days after notice of seizure and impounding
shall have has been given or posted as required by this
article, at the expiration of which time all dogs which have
not previously been redeemed by their owners as herein
provided, shall be sold or humanely destroyed:
Provided, That
no dog or cat housed at a shelter or pound that receives
county or state funds shall be destroyed by being shot, and
the same is hereby declared to be inhumane. No dog sold as
herein provided shall be discharged from the pound until
such
the dog
shall have has been registered and provided with a
valid registration tag.
The owner, keeper or harborer of any dog seized and
impounded under the provisions of this article may, at any time prior to the expiration of five days from the time that
notice of the seizure and impounding of the dog
shall have has
been given or posted as required by this article, redeem the
same by paying to the dog warden or his
or her authorized
agent or deputy all of the costs assessed against
such the
dog, and by providing a valid certificate of registration and
registration tag for
such the dog.
Reasonable costs and fees, in
such an amount as may be
determined from time to time by the county commission, shall
be assessed against every dog seized and impounded under the
provisions of this article, except dogs taken into custody
under section two of this article.
Such The cost shall be a
valid claim in favor of the county against the owner, keeper
or harborer of any dog seized and impounded under the
provisions of this article and not redeemed or sold as herein
provided, and
such the costs shall be recovered by the sheriff
in a civil action against
such the owner, keeper or harborer.
A record of all dogs impounded, the disposition of
such
the dogs, and a statement of costs assessed against each dog
shall be kept by the dog warden and a transcript thereof shall
be furnished to the sheriff quarterly.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.