BERKELEY COUNTY DOG ORDINANCE
1. Legislative Authority
This ordinance concerns the management and control of dogs in the County of Berkeley, State of West Virginia, and is adopted under the authority of Chapter 19, Article 20, Section 6(b) of the Code of West Virginia, as amended.
2. Purpose
This ordinance is enacted for the purpose of controlling and managing the population of dogs in Berkeley County, West Virginia, outside of its incorporated municipalities; to constrain dogs from attacking, wounding or killing persons, livestock, and other domestic animals; to prevent dogs from forming packs roaming wild in rural areas and posing a threat to the health and safety of the citizens and their property; to better prevent female
dogs from having unwanted litters; to ensure safe clean and humane conditions for all dogs captured by the county animal control officers; to enhance the placement of captured dogs with responsible citizens for the proper care, safe maintenance, and proper registration of dogs.
3. Interrelationship Between Ordinance and State Code
This ordinance is to be administered in conjunction and in addition to the provisions of Chapter 19, Article 20, Code of West Virginia, entitled “Dogs and Cats”, and Chapter 19, Article 20A, of the Code, entitled “Vaccination of Dogs and Cats for Rabies”, Chapter 7, Article 10 of the Code, entitled “Humane Officers” and Chapter 61, Article 8, Sections 19 - 23 of the Code, relating to animals.
4. Control of Dogs By Owners
All dogs in the unincorporated areas of Berkeley County shall be kept under control by the owner or supervisor of the dog. Dogs not on property owned or leased by the owner of the dog shall be kept on a leash. The County Animal Control Officers are hereby authorized to seize dogs not on a leash if such dogs are not on property owned or leased by the owner, and to hold such dogs at the county dog pound for a period of five (5) days or until
the owner of such dogs pays the pound fees and costs due under section five (5) of this ordinance, whichever is shorter. Dogs not picked up by the owner within five (5) days shall become the property of the county and destroyed by the animal control officer if no responsible new owner is found.
Dogs engaged in legal hunting activities, lawful training activities, lawful herding or other farm related activities shall not be subject to this section of the ordinance.
Any dog which does not have a tag indicating that the applicable county taxes or fees have been paid and/or any dog which does not have a tag indicating that that particular dog has had its rabies’ vaccination, shall be considered uncontrolled and subject to seizure.
5. Impoundment of Dogs and Fees For Such Impoundment
All dogs seized and impounded as provided in this ordinance shall be housed and fed in the county pound for a period of five (5) days after notice of seizure and impounding shall have been given or posted as required by Chapter 19, Article 20, Section 6 of the Code. The fees for such impoundment shall be as follows:
Seizing dog and delivery to pound.......................$42.00
Serving or posting notice to owner..........................3.00
Housing and feeding dog per day............................5.00
All persons paying pound fees to the animal wardens shall be given a receipt for the total sum collected. Such receipt shall be signed and dated by the animal warden collecting the pound fees.
If any person does not pay the fees and costs assessed within 30 days of the assessment, the County Commission may institute legal proceedings for collection of the same, including all fees and costs expended in the collection effort.
6. Definitions
Control: Dogs shall be considered under control if they are on property owned or leased by the dog owner, or if they are secured by a leash in other circumstances.
Legal Hunting Activities: In order for a dog to be engaged in a legal hunting activity, the following provisions must apply:
The property on which the hunting occurs must not be
posted to prohibit hunting
The game that is being hunted must be in season
Those persons hunting must be properly licensed to
do so, unless exempted by law.
7. Severability
If a court of competent jurisdiction declares any provision of this ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this ordinance shall continue to be separately and fully effective.
8. Effective Date
This Ordinance as amended shall be effective on and after the first day of July, 2001.
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