H. B. 2357
(By Delegates Hamilton, Crosier, Argento,
Canterbury, Stemple, Evans and Pino)
[Introduced February 15, 2005; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §20-2-7 of the code of West Virginia,
1931, as amended, relating to hunting with dogs; and providing
that persons may not be guilty of trespassing or hunting
without permission because the person unintentionally permits
his or her dog to pursue an animal or wild bird onto another
person's land.
Be it enacted by the Legislature of West Virginia:
That §20-2-7 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-7. Hunting, trapping or fishing on lands of another; damages
and compensation.
(a) It
shall be is unlawful for any person to shoot, hunt,
fish or trap upon the fenced, enclosed or posted grounds or lands
of another person; or to peel trees or timber, build fires or do
any other act
or thing thereon in connection with
or auxiliary to shooting, hunting, fishing or trapping
on such lands without
written permission
in writing in his or her possession from the
owner, tenant or agent of
such the owner.
and every person
hunting, fishing, shooting or fowling upon such lands shall have in
his possession such written permission when so doing.
(b) Any person who
hunts, traps or fishes on land for the
purpose of, or while hunting, trapping or fishing, shall, without
the permission of the owner, tenant or agent of the owner,
is
guilty of a misdemeanor and liable to the owner or person suffering
damage for all costs and damages for enter: upon the land of
another and while thereon shall kill (1) Killing or
injuring injure
any domestic animal or
fowl, or shall cut, destroy fowl; (2)
cutting, destroying or
damage damaging any bars, gates or fence or
any part
thereof, or shall of the property; or leave (3) Leaving
open any bars or gates
thereon resulting in damage to the
owner or
occupant thereof, shall be guilty of a misdemeanor, and in addition
shall be liable to the owner or person suffering such damage for
all costs and damages resulting therefrom property.
It shall be lawful for the (c) The owner,
lessee or the person
entitled to the possession of such lands, or the agent thereof, to
tenant or agent of the owner may arrest
any such a person
found
violating this section and immediately take him
or her before a
justice of the peace for trial, and such magistrate. The owner,
lessee, person or agent tenant or agent of the owner is
hereby vested with
all the powers and rights of a
game protector
conservation officer for
such these purposes. The officers charged
with the enforcement of the provisions of this chapter shall
have
the duty to enforce the provisions of this section if requested to
do so by
such the owner,
lessee, person or agent tenant or agent of
the owner, but not otherwise.
(d) The provisions of subsections (b) and (c) of this section
related to criminal penalties and being subject to arrest are
inapplicable to a person whose dog, without the person's direction
or encouragement, travels onto the fenced, enclosed or posted land
of another in pursuit of an animal or wild bird.
NOTE: The purpose of this bill is to provide that a person
is not guilty of trespassing or hunting without permission merely
because the person's dog pursues an animal or wild bird onto
another person's private or leased land. Before the person pursues
a dog on the land of another, however, they are required to make
reasonable efforts to notify the owner of their intention to pursue
the dog.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.