COMMITTEE SUBSTITUTE
FOR
H. B. 2233
(By Delegates Douglas, Manuel, Faircloth, Doyle
and Evans)
(Originating in the Committee on Political Subdivisions)
[February 1, 1995]
A BILL to amend and reenact section eight, article twenty-a,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to dogs and
cats being permitted to run at large, subject to any
quarantine established by the commissioner of agriculture;
subject to such ordinances or rules relating to the control
and management of dogs as may be promulgated by a county
commission or municipality, with limited exemptions for
hunting and farm dogs and dogs engaged in lawful training
activity.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-a, chapter nineteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 20A. VACCINATION OF DOGS AND CATS FOR RABIES.
§19-20A-8. Vaccinated dogs and cats may run at large;
confinement may be required
by the commissioner of
agriculture within the limits of any quarantine area or locality; and ordinances or rules may be promulgated by any
county commission or municipality relating to the control and
management of dogs within the county; providing limited exemption
for hunting and farm dogs from county commission or municipality
action.
Dogs or cats vaccinated in compliance with the provisions of
this article may run at large in any area or locality: Subject
to any quarantine established by the commissioner of agriculture
pursuant to article nine of this chapter, but the commissioner
may, in his discretion, require all such vaccinated dogs and
cats, as well as dogs and cats not vaccinated, Provided, That
the commissioner of agriculture may, pursuant to article nine of
this chapter, exercise his discretion to establish a quarantined
area or locality and to require all dogs and cats within the
limits of any such quarantined area or locality to be confined as
provided in said article nine
: Provided, however,
That a county
commission or a municipality may adopt and enforce ordinances
not inconsistent with the provisions of article twenty of this
chapter of the code, as it considers necessary or convenient for
the control and management of all dogs in the county, or a
portion thereof, vaccinated or not, except as further provided
herein
: Provided further,
That any county commission or
municipality may not adopt any ordinance which purports to keep
any vaccinated dog from running at large while engaged in any
lawful hunting activity; from running at large while engaged in
any lawful training activity; or from running at large while
engaged in any lawful herding or other farm related activity
: And provided further,
That the provisions of this section shall
not exempt any dog from any quarantine established by or any
confinement order required by the commissioner relating to the
establishment of a quarantine.