WEST virginia legislature

2017 regular session

Introduced

House Bill 2905

By Delegates Kessinger, Isner, Gearheart, Blair and Byrd

[Introduced March 9, 2017; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §7-1-14 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §7-10-1a and §7-10-6; and to amend and reenact §7-10-2 of said code, all relating to animal cruelty; requiring the maintenance of a public animal shelter; providing definitions; providing for the inspection of animal shelters by humane officers or others; establishing standards for animal shelters; providing consequences for failure to follow the standards.

Be it enacted by the Legislature of West Virginia:

That §7-1-14 of the code of West Virginia,1931, as amended, be amended and reenacted; that said code be amended by adding thereto two new sections, designated §7-10-1a and §7-10-6; and that §7-10-2 of said code be amended and reenacted, all to read as follows;

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-14. Custody and care of animals abandoned, neglected or cruelly treated; animals causing public nuisance, health risk or safety hazard; authority of county commission.

(a) The governing body of each county or municipality shall ensure a facility exists to house and care for their community's animals in need, including stray animals, abandoned animals, and surrendered animals, either by:

(1) Maintaining or causing to be maintained a public animal shelter;

(2) Contracting with a private group to house and care for animals; or

(3) Contracting with another municipality for the housing and care of animals.

(b) Any public animal shelter or shelter contracting with a county or municipality shall be accessible to the public at reasonable hours during the week;

(c) Any public animal shelter or shelter contracting with a county or municipality must provide care and housing for dogs, and may accept any other animals at its discretion.

(a) (d) Notwithstanding any provision of this code to the contrary, any county commission may adopt ordinances, rules and regulations providing for the custody and care of animals that have been abandoned, neglected or cruelly treated for the protection of any such animal and to prevent it from becoming a public nuisance or risk to public health or safety or the environment.

(b)(e) Any such ordinance, rule or regulation may require each owner to provide for each of his or her animals:

(1) Adequate food which provides sufficient quantity and nutritive value to maintain each animal in good health;

(2) Adequate water which provides easy access to clean, fresh, potable water of a drinkable temperature in sufficient volume and suitable intervals to maintain normal hydration for each animal;

(3) Adequate shelter to protect the animal from the elements and other animals;

(4) Adequate space in the primary enclosure for the particular animal depending upon its age, size, species and weight which is regularly cleaned to prevent an unsanitary accumulation of urine and feces;

(5) Adequate exercise to assure that the animal maintains normal muscle tone and mass for the age, species, size and condition of the animal; and

(6) Veterinary care when needed or to prevent suffering or disease transmission.

(c)(f) Any such ordinance, rule or regulation may limit the number of animals owned, kept or maintained by an individual, group or organization, whether public or private based on the person's ability to provide for the animals as set forth in subsection (b) of this section.

(d)(g) Any such ordinance, rule or regulation shall provide appropriate penalties for violations and shall authorize humane officers to take possession of any animal that is not properly cared for as required by such ordinance, rule or regulation.

ARTICLE 10. HUMANE OFFICERS.

§7-10-1a. Definitions.

As used in this article,

(a) "Animal shelter" means a public or private facility which includes a physical structure that provides housing for stray, abandoned, abused, or owner-surrendered dogs or cats and that is operated, owned, or maintained by a county or municipality for animal control purposes or by a duly incorporated humane society, animal welfare society, or other nonprofit organization.

(b) "Humane officer" means a person designated pursuant to section one, article ten, chapter seven of this code to investigate complaints of cruel or inhumane treatment of animals and enforce laws related to the prevention of cruelty to animals.

(c) "Primary Enclosure" means structure or device used to restrict an animal to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch, where an animal will sleep, eat, and spend the majority of its time.

(d) "Temporary Enclosure" means a cage or crate designed for short-term, temporary confinement or travel (e.g., airline crates, transport carriers, etc.); dogs and cats may be housed in temporary enclosures for no longer than seventy-two hours after being taken into custody by an animal shelter.

§7-10-2. Duty of humane officers; reporting requirement when abuse or neglect of individuals suspected; prohibition against interference with humane officers; penalties.

(a) It is the duty of humane officers to prevent the perpetration or continuance of any act of cruelty upon any animal and to investigate and, upon probable cause, to cause the arrest and assist in the prosecution of any person engaging in such cruel and forbidden practices. Upon reasonable cause, and as provided by law, such officers have the right to access and inspection of records and property as may be reasonably necessary to any investigation. Humane officers also have the duty to enforce the provisions of section six of this article, including the investigation of complaints against, and inspection of, animal shelters.

(b) Whenever a humane officer, pursuant to an investigation of animal cruelty, forms a reasonable suspicion that a minor child, or incapacitated or elderly person, is the victim of abuse or neglect or has a suspicion of domestic violence, he or she shall report the suspicion and the grounds therefor. In the event of suspected child abuse or neglect, the humane officer shall report to the local child protective services agency of the Department of Health and Human Resources in accordance with the provisions of section five, article six-a, chapter forty-nine of this code. In the event of suspected abuse or neglect of an incapacitated or elderly person, he or she shall report to the department's local adult protective services agency in accordance with the provisions of section eleven, article six, chapter nine of this code. In the event of suspected domestic violence, he or she shall report to the State Police in accordance with the provisions of article twenty-seven, chapter forty-eight of this code.

(c) Any person who interferes with, obstructs or resists any humane officer in the discharge of his or her duty is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 or confined in jail not more than thirty days, or both fined and confined. Any penalties imposed for a violation of this subsection shall be imposed in addition to any penalties the person incurs for cruel or inhumane treatment of any animal.

§7-10-6. Inspection of animal shelters; standards; penalties.

(a) (1) Humane officers may inspect all animal shelters within the county and shall investigate all complaints about the care and welfare of animals in such facilities. Such inspections shall be unannounced and shall occur within the normal business hours of the animal shelter. Inspections shall be performed at least annually, and up to two routine inspections may be conducted per year. Additional inspections may be performed based on probable cause to believe a shelter might be in violation of these and other applicable standards, pursuant to a proper search warrant. The humane officer shall document the inspection or investigation, or both, and present copies of the report to the animal shelter and to the county commissioners.

(2) If the humane officer operates, is employed by or is otherwise affiliated with an animal shelter in the county, any inspection or investigation of that facility shall be done by a veterinarian licensed in the state if accompanied by the sheriff or a deputy not appointed as a humane officer. Such veterinarian shall document the inspection or investigation, or both, and present copies of the report to the animal shelter and to the sheriff's department.

(b) All animal shelters shall:

(1) Separate animals by species in primary enclosures, separate unaltered male and female animals of the same species at all times, and ensure that all animals in the same enclosure at the same time are compatible;

(2) Provide adequate housing, including:

(A) Isolation of sick or injured animals sufficient to protect the health or safety of other animals; animals diagnosed with or suspected of communicable illness must be physically isolated from healthy animals either by permanent or temporary barriers sufficient to prevent the transmission of airborne and physical contaminants, and all appropriate steps must be taken to minimize transmission of disease.

(B) Indoor housing facilities with protection from extreme temperatures and weather conditions that may be hazardous to the animals, including heated quarters during cold weather; whenever possible, animals' primary housing should be indoors.

(C) Indoor housing facilities which are:  Sanitary and in good repair; free of standing water; constructed of fully disinfectable materials (no wood or other porous surfaces); constructed of solid flooring (no mesh, wire or slatted floors); and sufficiently ventilated to provide for the animals' health and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation. Ambient temperature must not fall below 50̊ F (10̊ C), or rise above 85̊ F (29.5̊ C) when animals are present, unless expressly authorized by a veterinarian;

(D) Outdoor housing facilities, if used to house animals, must be large enough to accommodate all animals in the enclosure simultaneously and allow the animals to remain dry and protected from extreme temperature or weather conditions that may be hazardous to the animals. Outdoor housing should not be considered suitable primary enclosures for cats and dogs unless no reasonable indoor option is available.

(E) Primary enclosures for dogs must be at least six inches higher than the head of the tallest dog in the enclosure when the dog is in a normal standing position, and must allow sufficient space for sleeping, eating, and elimination, and must ensure that each animal has sufficient room to engage in normal behaviors;

(F) Primary enclosures for cats must allow each animal to fully extend its limbs, including its tail, and must allow for sleeping, eating, and elimination areas; enclosures ideally should provide two feet of triangulated distance between bedding, litterbox and food/water bowls;

(G) Primary enclosures for all animals must be large enough for each animal to turn about freely, stand erect, lie down in a natural position, and fully extend their limbs.

(3) Clean primary enclosures and housing facilities to remove feces, hair, dirt, debris and food waste at least daily, or more often if necessary to prevent accumulation and to reduce disease hazards, insects, pests and odors. While animals need not necessarily be removed from housing areas during cleaning, they may not be permitted to come into direct contact with disinfectants, cleaning solutions, or other potentially harmful products, nor may they be permitted to become wet during the cleaning process, either directly or indirectly; in no case may high pressure water systems be used to clean kennels with animals still inside them;

(4) Provide adequate veterinary care for sick or injured animals, such that animals suspected of illness or injury receive veterinary care within twenty-four hours and are provided medication necessary to alleviate pain;

(5) Provide continuous access to potable, uncontaminated water that is not frozen and is readily accessible to all animals in the enclosure, unless otherwise directed by a veterinarian for the health of the animal;

(6) Provide palatable, uncontaminated food at least once daily, unless otherwise directed by a veterinarian for the health of the animal;

(7) Ensure each animal is individually observed at least once in every twenty-four hour period by an animal shelter supervisor tasked with overseeing the welfare and care of the animals;

(8) Provide all animals with daily enrichment to ensure adequate mental and physical stimulation, either outside or inside the animals' primary enclosure. Dogs should be removed from their primary enclosures for exercise (walks, playgroup sessions, etc.) at least three times per week, unless inclement weather, isolation/quarantine/health restrictions or staffing limitations prevent their removal; in such cases, shelters must document daily in-kennel enrichment provided to maintain the physical and psychological well-being of dogs not afforded outdoor exercise.

(9) Keep written records of the care of each animal, including, but not limited to, documentation of daily cleanings, individual observation of each animal, and outdoor access, as well as veterinary treatment, and provide these records to the humane officer or other inspector authorized by subsection (a) upon request.

(c) Humane officers or other inspectors authorized by subsection (a) may issue orders to address violations of this section, including, but not limited to, ordering suspension of intake of animals until violations are corrected and permanent closure of the facility.

(d) If the humane officer or other inspector authorized by subsection (a) finds that the animal shelter is not in compliance with the standards established in this section, the humane officer or other authorized inspector shall issue orders as follows:

(1) For the first noncompliant inspection, the animal shelter shall be issued a warning and shall be reinspected thirty days after the date of the first inspection.

(2) If, after the second inspection, the animal shelter remains noncompliant, the animal shelter shall be subject to a fine of not less than $100 nor more than $500 and/or the humane officer or other authorized inspector shall issue an order requiring the animal shelter to suspend intake of animals for a period of 15-30 days, as needed to address the noncompliance. After such period, the animal shelter shall be reinspected.

(3) If, after the third inspection, the animal shelter remains noncompliant, the humane officer or other authorized inspector shall issue an order permanently closing the facility. Such order shall grant the animal shelter a period of 30-90 days, as needed, to transfer all animals in the facility to other animal shelters, organizations or individuals within the state. Animals from animal shelters subject to a closure order may be transferred out of the state as long as the transfer does not violate laws of this state or of the importing state.

(e) Nothing in this section prevents any local, state or federal law-enforcement agency from investigating animal cruelty in animal shelters.

NOTE: The purpose of this bill is to prevent animal cruelty; requiring the maintenance of a public animal shelter; providing definitions; providing for the inspection of animal shelters by humane officers or others; establishing standards for animal shelters; providing consequences for failure to follow the standards.

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