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Engrossed Version Senate Bill 105 History

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ENGROSSED

Senate Bill No. 105

(By Senators Jackson, Deem, Hunter, Anderson, Unger, Snyder and Edgell)

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[Introduced February 15, 2001; referred to the Committee on the Judiciary.]

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A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-hh, relating generally to authority of county commissions; and allowing county commissions to enact ordinances pertaining to barking dogs.

Be it enacted by the Legislature of West Virginia:

That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section
three-hh, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3hh. Authority to adopt ordinance relating to barking dogs.

In addition to all other powers and duties which county commissions now possess by law, county commissions may adopt and enforce ordinances that require owners of dogs to prevent the dogs from excessive barking. For purposes of this section, excessive barking is barking which unreasonably interferes with the neighbors' peace and quiet enjoyment of his or her home or property. The ordinances may prescribe a penalty for failure to quiet the dog after the owner has been notified by a law-enforcement officer or humane officer to quiet the dog and prevent further barking.

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(NOTE: The purpose of this bill is to county commissioners to adopt ordinances requiring owners of dogs to prevent their dogs from barking excessively.

The section is new; therefore, strike-throughs and underscoring have been omitted.)
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