H. B. 4632
(Delegates Browning, Wysong and Campbell)
[Introduced February 18, 2008; referred to the
Committee on the Judiciary.
A BILL to repeal §19-20-20 and §19-20-21 the code of West Virginia,
1931, as amended; and to amend said code 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 §19-20-8 of said
code, all relating to providing the Dangerous and Vicious Dog
Act; defining terms; providing the powers of law enforcement
and humane officers; providing for the determination of a
dangerous and vicious dogs; providing for exceptions;
providing for if the owner is a minor; providing registration
and handling requirements for dangerous dogs, providing for
the responsibilities of the owner; providing criminal
penalties and providing a notice to the states political
subdivisions.
Be it enacted by the Legislature of West Virginia:
That §19-20-20 and §19-20-21 of the Code of West Virginia, 1931, as amended, be repealed; and that said code be amended by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 and §19-20C-7, all to read
as follows:
ARTICLE 20. DOGS AND CATS
§20. Repeal of section relating to keeping of vicious dogs; humane
officers may kill such dogs.
Section twenty, article twenty, chapter nineteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
is hereby repealed.
§21. Repeal section relating to license fee for keeping vicious or
dangerous dog.
Section twenty, article twenty-one, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, is hereby repealed.
ARTICLE 20C. DANGEROUS AND VICIOUS DOG ACT
§19-20C-1. Definitions.
For purposes of this article, the term:
(a) "dangerous dog" means any dog that has:
(1) bitten or attacked or inflicted injury on a person;
(2) bitten or attacked a companion animal that is a dog or cat;
(3) killed a domestic animal that is a dog or cat;
(b) "vicious dog" means any dog that has:
(1) Killed a person;
(2) Inflicted serious injury to a person, including multiple
bites, serious disfigurements, serious impairment of health or
serious impairment of bodily function;
(3) continued to exhibit behaviors that resulted in a previous
finding by a court, on or before July 1, 2008, by a humane officer
as authorized by local ordinance, that it is a dangerous dog,
provided that its owner or custodian has been given notice of that
finding.
§19-20C-2. Powers of law enforcement, humane officer.
(a) Any law enforcement officer or humane officer
who has reason to believe that a dog within his or her jurisdiction
is a dangerous dog or vicious dog shall apply to the magistrate of
the county for the issuance of a summons requiring the owner or
custodian, if known, to appear before a magistrate at a specified
time. The summons shall advise the owner or custodian of the nature
of the proceeding and the matters at issue. If the humane officer
determines that the owner or custodian can confine the dog in a
manner that protects the public safety, he may permit the owner or
custodian to confine the animal until such time as evidence shall
be heard and a decision rendered. If the humane officer determines
that the owner or custodian cannot confine the dog in a manner that
protects the public safety, then the humane officer shall take
custody of the dog until a hearing is conducted, a decision
rendered and any appeals are exhausted. The magistrate court may compel the owner or custodian of the dog to produce the dog. If
after hearing the evidence, the magistrate finds that the dog is a
dangerous dog, the magistrate shall order the dog's owner to comply
with the provisions of this article. If after hearing the evidence,
the magistrate finds that the animal is a vicious dog, the
magistrate shall order the dog to be humanely destroyed.
Any
decision, determination or order made according to this section is
subject to appellate review by the circuit court. The owner or
custodian of a dog declared dangerous or vicious is liable to the
jurisdiction for all costs and expenses of keeping the dog.
§19-20C-3. Exceptions.
No dog shall be declared dangerous or vicious if:
(a) The dog was used by a law enforcement official for a
legitimate law enforcement purpose.
(b) The threat, injury, or damage was sustained by a person:
(1) Who was committing, at the time, a willful trespass on the
premises occupied by the animal's owner or custodian.
(2) Who was committing, at the time, a crime on the premises
occupied by the animal's owner or custodian.
(3) Who was provoking, tormenting, abusing, or assaulting the
dog or who can be shown to repeatedly, in the past, provoked,
tormented, abused, or assaulted the dog; or
(c) at the time of the complaint, the dog was responding to:
(1) pain or injury;
(2) was protecting its kennel, its offspring, a person, or the
owner's custodial property.
§19-20C-4. Owner is a minor.
If the owner of a dog found to be a dangerous dog is a minor
, the custodial parent or legal guardian is responsible for
complying with all the requirements of this article.
§19-20C-5. Registration and handling requirements of dangerous
dogs.
(a) The owner or custodian of any dog found to be a dangerous
dog shall, within 15 days of such finding, obtain a dangerous dog
registration certificate from the county assessor for a fee of
fifty dollars, in addition to other fees that may be authorized by
law. The assessor shall also provide the owner or custodian with a
uniformly designed tag that identifies the dog as a dangerous dog.
The owner or custodian shall affix the tag to the dog's collar and
ensure that the dog wears the collar and tag at all times. All
certificates obtained pursuant to this subsection shall be renewed
annually for the same fee and in the same manner as the initial
certificate was obtained.
(b) All dangerous dog registration certificates or renewals
thereof required to be obtained under this section shall only be
issued to persons 18 years of age or older who present satisfactory
evidence;
(1) of the dog's current rabies vaccination;
(2) that the dog has been spayed or neutered;
(3) that the dog is and will be confined in a proper enclosure
or is and will be confined inside the owner's residence or is and
will be muzzled and confined in the owner's fenced-in yard until
the proper enclosure is constructed.
(c) Owners or custodians who apply for certificates or
renewals thereof under this section shall not be issued a
certificate or renewal thereof unless they present satisfactory
evidence that their residence is and will continue to be posted
with clearly visible signs warning both minors and adults of the
presence of a dangerous dog on the property.
(d) While on the property of its owner or custodian, a dog
found to be a dangerous dog shall be confined indoors or in a
securely enclosed and locked structure of sufficient height and
design to prevent its escape or direct contact with or entry by
minors, adults, or other animals. The structure shall be designed
to provide the dog with shelter from the elements of weather.
(e) When off its owner's or custodian's property, a dog found
to be a dangerous dog shall be kept on a leash and muzzled in such
a manner as not to cause injury to the dog or interfere with the
dog's vision or respiration, but so as to prevent it from biting a
person or another animal.
§19-20C-6. Notification required by owner.
(a)The owner or custodian shall notify the county humane
officer promptly of:
(1) the names, addresses, and telephone numbers of all owners
or custodians;
(2) all of the means necessary to locate the owner, custodian
and the dog at any time;
(3) any complaints or incidents of attack by the dog upon any
person or cat or dog;
(4) any claims made or lawsuits brought as a result of any
attack;
(5) the death of the dog.
(b) After an animal has been found to be a dangerous dog, the
animal's owner or custodian shall immediately, upon learning of
same, cause the local animal control authority to be notified if
the animal:
(1) is loose or unconfined;
(2) bites a person or attacks another animal;
(3) is sold, given away, or dies.
(C) Any owner or custodian of a dangerous dog who relocates to
a new address shall, within 10 days of relocating, provide written
notice to the humane officer for the old address from which the
animal has moved and the new address to which the animal has been
moved.
§19-20C-7. Punishment of the owner non-compliance with regulatory
provisions Criminal penalties for owners of dangerous
and vicious dogs causing serious injury or
death to persons;
(a) Any owner or custodian of a dangerous or vicious dog, who
violates the requirements of this act is guilty of misdemeanor and,
upon conviction thereof, shall be fined not less than one hundred
dollars nor more than three hundred dollars.
(b) Any owner or custodian of a dangerous dog or vicious that
causes serious injury to a human being without provocation is
guilty of a misdemeanor, and upon conviction thereof, shall be
fined not less than five hundred dollars or imprisoned in the
regional jail for not more than ninety days, or both fined and
imprisoned.
(c) Any owner or custodian of a dangerous or vicious dog that
causes death to a human being without provocation is guilty of
involuntary manslaughter, a misdemeanor, and upon conviction
thereof, shall be fined not less than one thousand dollars or
confined in a regional jail not to exceed one year, or both fine
and imprisoned.
§19-20C-8. Notice to political subdivisions.
Nothing in this article shall prohibit a political subdivision
of this state from adopting a rule or ordinance governing dangerous
dogs.
NOTE: The purpose of this bill is to regulate dangerous
and vicious dogs within the state of West Virginia and to provide
regulatory requirements for owners or custodians of dangerous and
criminal penalties for failing to comply with the provisions. The
bill also creates misdemeanor penalties for owners or custodians of
dangerous or vicious dogs that cause injury or death of a person or
persons and domestic animals.
This article is new; therefore, strike-throughs have been
omitted.