BEFORE the
COUNTY COMMISSION OF BERKELEY COUNTY, WEST VIRGINIA
The members of the Berkeley County Commission hereby
find that habitually barking, howling or yelping dogs are a public
nuisance and, as such, they are under the jurisdiction of this body. Accordingly, and upon motion duly made and seconded, the
following Ordinance is adopted, pursuant to the provisions of § 7-1-3kk, Code
of West Virginia, as amended.
NUISANCE:
HABITUALLY BARKING OR HOWLING DOGS
The keeping or harboring of any dog
within the County of Berkeley which dog, by frequent and habitual barking,
howling or yelping, creates unreasonably loud and disturbing noises of
such character, intensity and duration as to disturb the peace, quiet and
good order of the neighborhood or such resident or business neighbors as
may be in close proximity to such dog,
is prohibited.
Any person who shall allow such dog to habitually
remain, be lodged or fed within or on any property, dwelling, building,
yard or enclosure, which he/she occupies or owns, shall be considered as
harboring such dog and shall be guilty of a misdemeanor.
Upon a finding by the Magistrate Court of Berkeley Court, that the
Ordinance has been violated, such Magistrate shall impose a fine in the
amount of $100.00 for a first offense. Subsequent
offenses shall result in fines of at least $100.00 but, not to exceed
$250.00.
Appeals from a Magistrate Court finding shall be to
the Circuit Court.
Nothing herein shall restrict the bringing of a civil
action, in an appropriate court of law, to seek a remedy for imposition of
this offending nuisance.
This Ordinance shall be effective on the 1st day of
October, 2003.
Done this 28th day of August, 2003, at
Martinsburg, Berkeley County, West Virginia.
___________________________
Howard L. Strauss, President
___________________________
John E. Wright, Commissioner
___________________________
Steven C. Teufel, Commissioner
Amended this __2nd_ day of _February_, 2006.
___________________________
Howard L. Strauss, President
___________________________
Steven C. Teufel, Commissioner
___________________________
Ronald L. Collins, Commissioner
