WEST virginia legislature

2019 regular session

Introduced

House Bill 2894

By Delegates Malcolm, D. Jeffries, Graves and Sypolt

[Introduced February 7, 2019; Referred
to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-26, relating to creating the offense of disturbing the peace by barking or howling dogs; providing misdemeanor offense; and authorizing seizure of dog.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-26. Disturbing the peace; barking dog; penalty;

(a) It is an unlawful disturbing of the peace, quiet and comfort of any neighborhood by keeping, harboring or having custody within the State of West Virginia any dog which barks, howls, or makes noises by day or night which disturbs the peace and quiet of any person or family within the neighborhood.

(b) Any person who violates this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined up to $1,000 per occurrence, confined in jail not more than six months, or both fined and confined. A person convicted of a third offense under this section shall be fined $2,000, confined in jail not more than one year, or both fined and confined and the dog or dogs shall be seized according to procedures in §19-20-1 et seq. of this code.

(c) This section shall be enforced by all law-enforcement officers.

NOTE: The purpose of this bill is to create the offense of disturbing the peace by barking or howling dogs.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.