H. B. 2778


(By Delegates Rowe, Blass, Fleischauer,


Gallagher and Beach)

[Introduced February 24, 1995; referred to the
Committee on Agriculture and Natural Resources

then the Judiciary.]



A BILL to amend and reenact sections three and nine, article
twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article twenty of said chapter by adding thereto two new sections, designated sections three-a and three-b, all relating to application fees for commercial kennels and similar enterprises; inspection of commercial kennels and similar enterprises; minimum standards for commercial kennels and similar enterprises; reasons for license revocation, and criminal penalties.

Be it enacted by the Legislature of West Virginia:
That sections three and nine, article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article twenty of said chapter be amended by adding thereto two new sections, designated sections three-a and three-b, all to read as follows:

ARTICLE 20. DOGS AND CATS.
§19-20-3. Registration of commercial kennels and other similar

enterprises; application; fee; expiration of certificate of registration.

(a) Every Any owner or operator of a commercial kennel or other similar enterprise, wherein dogs animals are bred, kept, boarded, groomed, trained or sold as a commercial venture for profit shall annually, between the first day of July and the thirtieth day of September of each year, file with the assessor of the county in which such the commercial kennel or other similar enterprise is located, kept or maintained, an application for the registration of such the commercial kennel or other similar enterprise for the fiscal year. Such The application shall state the location of the commercial kennel or other similar enterprise, the name and address of the person actually in charge of and supervising it, and the name and address of the owner of the commercial kennel or other similar enterprise. Upon the filing approval of such the application by the humane officer or dog warden, or their designee, together with the payment to the assessor of a fee of ten dollars the fees as designated herein, the assessor shall issue a certificate of registration license for such the commercial kennel or other similar enterprise. The registration of a kennel, as herein provided, shall entitle the registrant to register and receive certificates and tags for not more than five dogs without the payment of a separate head tax on such dogs. The head tax provided for in section two of this article shall, on such five or less dogs, be included in and charged against the kennel registration fee herein provided.
Every Any person upon becoming who becomes the owner or operator of a commercial kennel of dogs or other similar enterprise as herein described after the thirtieth day of September of any year shall, within three days after becoming such the owner or operator, register file an application for registration of such the commercial kennel or other similar enterprise, together with the registration fee, in the manner herein provided for the remainder of the current fiscal year. in the manner and upon the payment of the registration fee, herein provided
All certificates of registration for licensing issued pursuant to the provisions of this section shall be issued for the fiscal year, and shall be valid from the date on which issued until the thirtieth day of June of that fiscal year.
Registration and any required business licenses for commercial kennels and other similar enterprises must be prominently displayed on the premises.
(b) The registration and related fees for licensing a commercial kennel or other similar enterprise are as follows:
(1) Commercial breeders, which shall include breeders with three or more litters per year or more than twelve offspring per year, whichever is greater, or an average of more than one litter every two years by any one female, or both, a ten dollar registration fee and an annual three dollar fee for each adult breeding female and each stud male;
Hobby breeders and dog fanciers shall include breeders with fewer than three litters per year or no more than twelve offspring per year, whichever is greater, or an average of no more than one litter every two years by any one female, or both. Hobby breeders and dog fanciers shall have the option to register and a ten dollar registration fee;
(2) Boarding kennel authorized to house fewer than ten animals, a twenty dollar registration fee;
(3) Boarding kennel authorized to house from ten to fifty animals, both inclusive, a forty dollar registration fee;
(4) Boarding kennel authorized to house more than fifty animals, a sixty dollar registration fee;
(5) Pet shop, a one hundred dollar registration fee;
(6) Permanent or traveling circus, zoo or animal display program, a one hundred dollar registration fee;
(7) Grooming shop, a twenty dollar registration fee;
(8) Animal dealer or seller acquiring animals for sale or resale who is not a breeder, pet shop, shelter, or pound, a one hundred dollar registration fee and a six dollar fee for each animal sold;
(9) Dog training center that kennels, a one hundred dollar registration fee.
A commercial kennel or other similar enterprise regulated by this section which provides more than one of the services set forth in this subsection, each requiring an individual registration and license, is required only one registration and license: Provided, That the owner or operator shall register and license the commercial kennel or other similar enterprise under the service provided which requires the highest fee. Any commercial kennel or other similar enterprise having a change in status under which a license was issued shall be subject to reclassification and readjustment of fees.
(c) This section does not apply to kennels at veterinary hospitals; or to biomedical research facilities; or to government operated zoological parks; or to farm animals. This section is applicable to county operated pounds and humane shelters; however, since they are not commercial ventures they are not subject to registration fees.

§19-20-3a. License issuance and revocation; penalties.

(a) Upon receiving an application for a license under section three of this article, the dog warden or humane officer, or their designee, shall conduct an inspection of the premises and any animals, and upon finding satisfactory compliance shall notify the assessor to issue a license.
(b) The dog warden or humane officer, or their designee, may inspect a commercial kennel or other similar enterprise at any reasonable time, normally during regular business hours, for compliance with the provisions herein described.
(c) A facility may request to be inspected by a veterinarian at the owner's expense and with the approval of both the facility owner and the dog warden or humane officer. The inspector must furnish the dog warden or humane officer with a full report of the findings based on the standards established herein.
(d) A commercial kennel or other similar enterprise shall be inspected no less than once annually. Any kennel which employs a dog warden or humane officer shall not be inspected by that dog warden or humane officer, and the kennel operator must arrange for an impartial inspection at least annually.
(e) Persons other than those authorized to conduct inspections as provided for in this section shall not conduct inspections but shall have the right to request the dog warden or humane officer to inspect a kennel or other similar enterprise. (f) Any commercial kennel or other similar enterprise found not in compliance with any of the provisions in this section shall develop a reasonable time frame for correcting deficiencies. In the event deficiencies are not corrected within a reasonable period of time, the dog warden or humane officer shall file a complaint against the facility for failure to comply with standards and assist in the prosecution of the operator of the facility and cause the facility to be closed.
(g) If the owner of a commercial kennel or other similar enterprise believes that an inspection has been unfair, the owner may appeal to the county commission within thirty days after receiving notice of noncompliance for a reinspection by an agreed upon veterinarian at the owner's expense.
(h) The dog warden or humane officer, or their designee, is not subject to any civil or criminal liability as a result of enforcement of the standards herein provided.
(i) A compliance waiver may be issued by a dog warden or humane officer, or their designee, or an alternate impartial inspector when no alternate county pound or humane society shelter is available to house unwanted or stray animals, or when certain requirements for the operation of a county pound or humane society shelter are covered under other statutes. The waiver shall include a reasonable plan for achieving compliance, as appropriate.
(j) Any license may be revoked and there shall be no refund of any portion of the registration fee if the holder engages in any of the following:
(1) Refusal to permit inspection by the dog warden or humane officer, or their designee;
(2) Refusal or failure to comply with this section or any other law governing care, protection and keeping of animals; or
(3) Withholding or falsifying any information on the registration application for licensing.
(k) Any person whose license is revoked shall within ten days after revocation humanely and responsibly dispose of all animals he or she owns, keeps or harbors.
(l) Any person who fails to comply with the standards herein provided is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars and not more than one thousand dollars.
(m) A license to operate a commercial kennel or other similar enterprise shall not be issued to any person who has been convicted of cruelty to animals.
(n) Any person who has been denied a license shall not reapply for a period of thirty days. Each reapplication shall be accompanied by the appropriate registration fee.
(o) All fees for registration and licensing shall be deposited in the dog and kennel fund.
(p) The sponsoring agency or organization for traveling circuses, zoos, animal displays and similar programs shall be responsible for assuring appropriate registration and licensing, and for notifying the dog warden or humane officer for inspection purposes.
§19-20-3b. Minimum standards for commercial kennels and other
similar enterprises; facility, management and operation.


Any operator of an animal shelter or county pound, pet shop, commercial breeding or boarding kennel or other similar enterprise which has animals for sale shall comply with the following standards by the first day of July, one thousand nine hundred ninety-seven:
(a) Facilities;
(1) Indoor and outdoor housing facilities shall be structurally sound and maintained in good repair so as to protect the animals from injury and to contain the animals;
(2) Any indoor or outdoor area used to confine an animal shall be constructed so as to enable the animal to remain comfortable, dry and clean;
(3) Floors and walls of any indoor pens, floors and walls of the shelter portion of any outdoor pens and cages or crates shall be liquid-resistant, permit disinfection and prevent the harboring of insects or bacteria;
(4) Animal pens and cages or crates routinely used to confine animals shall be large enough to permit the animals to stand up with ease and to sit and lie comfortably in a prone position;
(5) Any indoor enclosure shall have a solid or partially solid bottom. Any outdoor enclosure shall contain at a minimum: (A) A solid resting area within adequate shelter; and (B) an exercise area with good drainage that prevents standing water and is of sufficient size to allow for free movement;
(6) Any fencing used to confine any dog, cat or other large animal shall not be constructed of small gauge wire that may break or be chewed and cause injury to any animal confined therein;
(7) Enclosures used to confine animals that have more than one level shall be constructed so that no liquids or solids may drop from an upper tier into a lower tier;
(8) Enclosures used to confine animals that are side by side shall be constructed so that no liquids or solids may spread from one enclosure to an adjacent enclosure unless the animals contained therein have been immunized against all contagious diseases for which immunizations are available.
(b) General management:
(1) An operator shall provide humane care and treatment for all animals under his or her control;
(2) An operator shall take necessary measures to protect the animals from injury, stress, suffering, escape and transmission of disease.
(c) Animal health and well-being:
(1) An operator shall establish and maintain an adequate program for both disease prevention and control and for animal health and cleanliness;
(2) Sick and healthy animals shall be housed separately;
(3) An operator shall isolate any animal infected with a contagious disease or remove the animal from the facility;
(4) An operator shall furnish sick, diseased or injured animals with proper veterinary care or have the animals humanely destroyed;
(5) Any animal that is destroyed shall be destroyed by the use of humane procedures as provided by law.
(d) Animal nutrition and vermin control:
(1) An operator shall furnish daily for each animal a quantity of wholesome food suitable for the species and age of the animal and sufficient to maintain sound nutrition or as recommended by a veterinarian;
(2) An operator shall furnish clean and uncontaminated water at all times except in cases where it is medically inadvisable or the animal is within four hours of departure from the facility or the animal is being housed for grooming in which case the animal shall have access to water for a period of five minutes every three hours;
(3) An operator shall protect food supplies and bedding from contamination or infestation by vermin. Any chemicals used to control vermin at the facility shall be safe for use around animals and shall be stored in a place not accessible by the animals or near their food supplies.
(e) Sanitation:
(1) An operator shall maintain the facility in a sanitary condition;
(2) Used enclosures shall be cleaned and sanitized at least once every twenty-four hours and prior to any new animal being placed in a previously occupied enclosure. Excreta shall be removed from enclosures as often as necessary for the prevention of contamination, disease and odors but no less often than once every twenty-four hours. If a hosing or flushing method of cleaning is used, any animals shall be removed from the enclosure and adequate measures taken to protect the animals in other enclosures from being soiled with wash water or other wastes during the cleaning. Any enclosures that are used intermittently such as feeding or temporary housing may be cleaned and sanitized less frequently if the enclosures are free of contamination and disease.
(f) Environmental conditions:
(1) An animal shall receive shelter from direct sunlight and other adverse weather conditions including rain, snow and wind;
(2) Any indoor housing facility for warm blooded animals shall be adequately ventilated to provide for the health and comfort of the animals, to provide the facility with fresh air, to minimize drafts, odors and moisture condensation and to prevent exposure to extreme temperatures;
(3) Any indoor housing facility for warm blooded animals shall be sufficiently heated or cooled so that animals not acclimated to extreme temperatures are not exposed to such temperatures;
(4) An operator shall provide ample lighting during daylight hours for the efficient cleaning, routine inspection and well-being of animals in the facility.
(g) Grouping and separating animals:
(1) Animals shall be housed in compatible groups if more than one animal is confined in the same enclosure. A puppy or kitten shall not be confined in the same enclosure with an adult dog or cat, other than its dam. A female animal in heat shall not be confined in the same enclosure with an adult male animal, except for breeding purposes;
(2) Any animal shall be maintained with its mother for at least seven weeks after birth except in unusual circumstances such as the death of the mother;
(3) Any animal that exhibits a vicious disposition shall be confined individually in an enclosure, except that a nursing female shall not be separated from her litter unless necessary for the safety of the litter.
(h) Animal exercise:
(1) Any animal shall be removed from its enclosure at least twice every twenty-four hours for a minimum of twenty minutes of exercise each time unless it is medically inadvisable or the enclosure is sufficiently large to permit the animal to have normal freedom of movement for exercise;
(2) Any tether shall be of sufficient length to allow freedom of movement for adequate exercise and allow access to adequate shelter at all times.
(i) Transportation:
During transportation any animal shall receive adequate food, water, space, sanitation, ventilation, exercise and protection from injury, drafts and extreme temperature. Animals shall be separated during transportation as appropriate:
(j) Record keeping, documents of sale and advertising:
(1) An operator shall furnish the purchaser or other transferee of an animal with a document of sale or other transfer including: Identification, with proof of ownership for animals over the age of six months; immunization record, with proof of rabies inoculation for dogs and cats over the age of six months; veterinarian's certificate of health including any known medical or physical condition and medications; and, when applicable, the name and address of the kennel or other source from which the animal was procured;
(2) An operator shall maintain an accurate record of all transactions involving animals which shows the date the transaction occurred, type of animal involved and the parties to the transaction, for a minimum of seven years;
(3) Any advertising or correspondence shall include the kennel name and county of registration.
§19-20-9. Failure to register commercial kennel or other similar

enterprise; alteration or forging of registration certificate or tag; penalties.

Any person who owns, keeps or harbors a dog an animal, or who owns or operates a commercial kennel or other similar enterprise, subject to registration under the provisions of this article, and who fails refuses or neglects to register such dog the animal or the commercial kennel or other similar enterprise, shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned in the county or regional jail for not more than thirty days or fined not less than twenty-five one hundred nor more than one hundred thousand dollars plus the appropriate registration fees, or both imprisoned and fined.
Any person who shall alter, or forge alters or forges any certificate or tag provided for in this article, or display, present, or utter such who displays, presents or utters a certificate or tag as valid with knowledge that it has been altered or forged, or who knowingly causes or permits any dog animal owned, kept or harbored by him or her to wear any fictitious, altered or invalid registration tag in place of a valid tag as required under the provisions of this article, shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment imprisoned in the county or regional jail for not more than thirty days or by a fine of fined not less than one hundred dollars nor more than five hundred one thousand dollars, or by both such fine and imprisonment both imprisoned and fined.





NOTE: The purpose of this bill is to make these sections applicable to commercial kennels and other similar enterprises, to enhance the regulations for their registration and licensing and to establish a registration fee schedule. This bill provides the minimum standards for the management and operation of facilities which house animals. The criminal penalties for noncompliance of this article have been increased.

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

Sections three-a and three-b are new; therefore, strike-throughs and underscoring have been omitted.