H. B. 2721
(By Delegates Campbell and Canterbury)
[Introduced January 13, 2010; referred to the
Committee on Agriculture then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §19-20C-1, §19-20C-2,
§19-20C-3, §19-20C-4, §19-20C-5, §19-20C-6, §19-20C-7 and
§19-20C-8, all relating to providing for the Dangerous Dog
Act; defining terms; providing for the determination of a
potentially dangerous dog; providing for the determination of
a dangerous dog; providing exceptions; providing consequences
of a dangerous or potentially dangerous dog determination;
providing registration and handling requirements for dangerous
and potentially dangerous dogs; setting forth responsibilities
of owners of dangerous and potentially dangerous dogs; and
providing criminal and civil penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5, §19-20C-6, §19-20C-7 and
§19-20C-8, all to read as follows:
ARTICLE 20C. DANGEROUS DOG ACT.
§19-20C-1. Definitions.
For purposes of this chapter, the term:
(a) "Dangerous dog" means any dog that:
(1) Causes a serious injury to a person or domestic animal; or
(2) Has been designated as a potentially dangerous dog and
engages in behavior that poses a threat to public safety as
described in paragraph (f) of this section.
(b) "Serious injury" means any physical injury that results in
broken bones or lacerations that require multiple sutures or
cosmetic surgery.
(c) "Proper enclosure" means secure confinement indoors or
secure confinement in a locked pen, fenced yard or structure
measuring at least six feet in width, twelve feet in length, and
six feet in height, capped if there is a dog house inside or if dog
can climb fence, with secure sides, which provides proper
protection from the elements for the dog, is suitable to prevent
the entry of young children, and is designed to prevent the animal
from escaping while on the owner's property.
(d) "Owner" mean any person, firm, corporation, organization,
or department possessing, harboring, keeping, having an interest in
or having control or custody of a dog.
(e) "Impound" means taken into the custody of the county dog
warden.
(f) "Potentially dangerous dog" means a dog that may
reasonably be assumed to pose a threat to public safety as
demonstrated by any of the following behaviors:
(1) Causing an injury to a person or domestic animal that is
less severe than a serious injury;
(2) Without provocation, chasing or menacing a person or
domestic animal in an aggressive manner;
(3) Running at large and impounded or owners cited by the
county dog warden two or more times within any twelve-month period.
(4) Acts in a highly aggressively manner within a fenced
yard/enclosure and appears to a reasonable person able to jump over
or escape.
(g) "Responsible person" means a person at least eight years
old who is familiar with the dog and has the size and experience to
be able to keep the dog under complete control at all times.
§19-20C-2. Determination of a potentially dangerous dog.
(a) After an investigation, which must be initiated within
five days after the situation becomes known to the owner, the
county dog warden is authorized to make a determination whether a
dog is potentially dangerous based on the factors listed in section
one-(f) and shall notify the owner of the dog in writing by
certified mail or hand delivery with signature of that status within five days after completion of the investigation.
(b) Following notice to the owner, if the county dog warden
has probable cause to believe that a dog is a potentially dangerous
dog and may pose a threat to public safety, the county dog warden
may obtain a search warrant pursuant to this jurisdiction's Rules
of Civil Procedure and impound the dog pending disposition of the
case or until the dog owner has fulfilled the requirements of
section six of this article. The owner of the dog may be liable to
this jurisdiction for the costs and expenses of keeping the dog.
(c) Upon notice, the owner may, within five business days
after a determination that a dog is a potentially dangerous dog,
bring a petition in this jurisdiction seeking review of the
determination. A decision by this jurisdiction overturning the
county dog warden's determination shall not affect the county dog
warden's right to later declare a dog to be a potentially dangerous
dog or a dangerous dog, or to determine that the dog poses a threat
to public safety, for the dog's subsequent behavior.
§19-20C-3. Determination of a dangerous dog.
(a) After an investigation, which must be initiated within
five days after the situation becomes known to the county dog
warden, the county dog warden is authorized to make a determination
whether a dog is dangerous based on the factors listed in section
one-(a) of this article and shall notify the owner of the dog in
writing by certified mail or hand delivery with signature of that status within five days after completing the investigation.
(b) Following notice to the owner and prior to the hearing, if
the county dog warden has probable cause and believes the dog to be
a dangerous dog and that the animal poses an imminent threat to
public safety, the county dog warden may impound the dog pending
disposition of the case or until the dog owner has fulfilled the
requirements set forth in section six of this article. The owner
of the dog shall be liable for the costs and expenses of keeping
the dog if the dog is determined to be a dangerous dog.
(c) The owner may, within five business days after a
determination that a dog is dangerous, petition the circuit court
for any relief he or she considers appropriate. A decision by the
circuit court overturning the county dog warden's determination
shall not affect the county dog warden's right to later declare a
dog to be a dangerous dog or to determine that the dog poses a
threat to public safety, for the dog's subsequent behavior.
§19-20C-4. Exceptions.
A dog may not be declared a dangerous or potentially dangerous
dog if:
(a) The dog was used by a law-enforcement official for
legitimate law enforcement purposes.
(b) The threat, injury or damage was sustained by a person:
(1) Who was committing, at the time, willful trespass or other
wrongful or criminal act upon the premises lawfully occupied by the owner of the dog.
(2) Who was provoking, tormenting, abusing or assaulting the
dog or who can be shown to have repeatedly, in the past, provoked,
tormented, abused or assaulted the dog; or
(3) Who was committing or attempting to commit a crime; or
(c) The dog was:
(1) Responding to pain or injury, or was protecting itself,
its offspring; or
(2) Protecting or defending a human being within the immediate
vicinity of the dog from an attack or assault.
§19-20C-5. Consequences of a dangerous or potentially dangerous
dog determination.
(a) If the county dog warden or his or her designee determines
that a dog is a potentially dangerous dog under the provision of
section two of this article, the owner shall comply with the
provisions of subsections (a) and (d), sections five and six of
this article and any other special security or care requirements
the county dog warden may establish.
(b) If the county dog warden determines that a dog is a
dangerous dog under section three of this article, the owner shall
comply with the provisions of sections five and six of this article
and any other special security or care requirements the county dog
warden may establish.
(c) The county dog warden may require impoundment of the dog until the owner of the dog has satisfied all the requirements of
the certificate of registration holding permit. The requirements
must be met within thirty days. If, after thirty days, the owner
has not satisfied all the requirements of the holding permit, the
animal may be humanely destroyed on the thirty-first day.
§19-20C-6. Dangerous dog and potentially dog registration and
handling requirements.
(a) The county dog warden shall issue a certificate of
registration to the owner of a potentially dangerous dog if the
owner established to the satisfaction of the county dog warden
that:
(1) The owner of the potentially dangerous dog is twenty-one
years of age or older;
(2) A valid license has been issued for the potentially
dangerous dog pursuant to jurisdiction;
(3) The potentially dangerous dog has a current rabies
vaccination;
(4) The owner has a proper enclosure to prevent the entry of
any person or animal and the escape of the potentially dangerous
dog;
(5) The owner has paid to the county dog warden an annual fee
of $15 in addition to regular dog licensing fees, to register the
potentially dangerous dog.
(6) The potentially dangerous dog has been spayed or neutered;
(7) The potentially dangerous dog has been implanted with a
microchip containing owner identification information. The
microchip information must be registered with the county dog
warden.
(8) The potentially dangerous dog owner shall enter the dog in
a socialization, behavior program approved or offered by the county
dog warden.
(b) The county dog warden shall issue a certificate of
registration to the owner of a dangerous dog if the owner, in
addition to satisfying the requirements for registration of a
potentially dangerous dog establishes to the satisfaction of the
county dog warden that:
(1) The owner of the dangerous dog has written permission of
the property owner or homeowner's association where the dangerous
dog will be kept if applicable;
(2) The owner will maintain the dangerous dog exclusively on
the owner's property except for medical treatment of examination;
and
(3) The owner of the dangerous dog has posted on the premises
a clearly visible written warning sign that there is a dangerous
dog on the property with a conspicuous warning symbol that informs
children of the presence of a dangerous dog. The sign shall be
visible from the public roadway for a distance of fifty feet.
(c) The county dog warden may order the immediate impoundment or humane destruction of a dangerous dog if the owner fails to
abide by the conditions for registration or confinement or handling
of a dangerous dog.
(d) If any dog previously determined to be a potentially
dangerous dog has not exhibited any dangerous behaviors within the
thirty-six months since the date of the potentially dangerous dog
determination, then that dog is eligible for a review of the
determination with the potential for lifting the requirements of
this section: Provided, That same dog may again be declared a
dangerous or potentially dangerous dog if it again exhibits any
dangerous behaviors.
§19-20C-7. Dangerous or potentially dangerous dog owner
responsibility.
It is unlawful to:
(a) Keep a dog determined to be dangerous or potentially
dangerous without a valid certificate or registration issued under
section six of this article:
(b) Permit a potentially dangerous dog to be outside a proper
enclosure unless the potentially dangerous dog is under the control
of a responsible person, muzzled and restrained by a leash not
exceeding four feet in length. The muzzle shall be made in a
manner that will not cause injury to the dog or interfere with its
vision or respiration but shall prevent it from biting any human
being or animal;
(c) Fail to maintain a dangerous dog exclusively on the
owner's property as required except for medical treatment or
examination. When removed from the owner's property for medical
treatment or examination, the dangerous dog shall be caged or under
the control of a responsible person, muzzled and restrained with a
leash not exceeding four feet in length. The muzzle shall be made
in a manner that will not cause injury to the dog or interfere with
its vision or respiration but shall prevent it from biting any
human being or animal;
(d) Fail to notify the county dog warden immediately upon
escape if a dangerous or potentially dangerous dog is on the loose,
is unconfined, has attacked another domestic animal, has attacked
a human being; within five business days if the dog has died;
within twenty-four hours if the dog has been sold, or has been
given away. If the dangerous or potentially dangerous dog has been
sold or given away the owner shall also provide the county dog
warden with the name, address, and telephone number of the new
owner of the dangerous or potentially dangerous dog;
(e) Fail to surrender a dangerous or potentially dangerous dog
to the county dog warden for safe confinement pending a disposition
of the case when there is a reason to believe that the dangerous or
potentially dangerous dog poses an imminent threat to public
safety; or
(f) Fail to comply with any special security or care requirements for a dangerous or potentially dangerous dog the
county dog warden may have established.
§19-20C-8. Penalties.
(a) An owner of a dangerous or potentially dangerous dog who
violates the provisions of sections six and seven of this article
is guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not more than $500 or confined in jail not more than ninety
days, or both fined and confined for a first offense and for a
second offense fined not more than $1,000 or confined to jail for
not more than ninety days, or both fined and confined.
(b) An owner of a dangerous or potentially dangerous dog that
causes serious injury to or kills a human being or a domestic
animal without provocation shall be fined up to $10,000.
(c) Civil fines, penalties and fees may be imposed as
alternative sanctions for any infraction of the provisions of this
article.
NOTE: The purpose of this bill is to address the regulation by
counties of dangerous dogs and potentially dangerous dogs. Toward
this end the bill contains provisions which address the following:
(1)Defining terms; (2)providing for the determination of a
potentially dangerous dog; (3)providing for the determination of a
dangerous dog; (4)providing exceptions; (5)providing consequences
of a dangerous or potentially dangerous dog determination; (6)
providing registration and handling requirements for dangerous and
potentially dangerous dogs; (7)setting forth responsibilities of
owners of dangerous and potentially dangerous dogs; and (8)
providing criminal and civil penalties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.