H. B. 2233
(By Delegates Douglas, Manuel, Faircloth, Doyle
and Evans)
[Introduced January 25, 1995; referred to the
Committee on Political Subdivisions.]
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.
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 promulgate and enforce
ordinances and rules 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, vaccinated or not, except as further provided
herein
: Provided further,
That any county commission or
municipality may not promulgate any ordinance or rule 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.
NOTE: The purpose of this bill is to provide that, while
vaccinated dogs or cats may generally run at large in any area or
locality of the state, subject to any quarantine established by
the commissioner of agriculture, any county commission or
municipality may promulgate and enforce such ordinances and rules
as it considers necessary and convenient for the control and
management of all dogs in the county, vaccinated or not, with
limited exemption for hunting and farm dogs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.