COMMITTEE SUBSTITUTE
FOR
H. B. 2555
(By Delegates R. M. Thompson, Amores, Staton,
Mahan, Manuel, Warner and Bean)
(Originating in the Committee on the Judiciary)
[March 12, 2001]
A BILL to amend and reenact sections four and five, article ten,
chapter seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section eight, article twenty, chapter nineteen of said code,
all relating to humane destruction of animals by humane
officers, animal shelters and dog wardens; defining the term
humanely destroyed; providing for humane destruction of
certain animals; clarifying liability of certain persons for
costs of maintenance of confiscated animals; and providing
humane officers may shelter animals at places other than
shelters.
Be it enacted by the Legislature of West Virginia:
That sections four and five, article ten, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section eight, article
twenty, chapter nineteen of said code be amended and reenacted, all
to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 10. HUMANE OFFICERS.
§7-10-4. Custody and care of animals abandoned, neglected or
cruelly treated; hearing; liability for costs;
exclusions.
(a)
Subject to the exclusions of subsection (g) of this
section, a A humane officer shall take possession of any animal,
including birds or wildlife in captivity, known or believed to be
abandoned, neglected, deprived of necessary sustenance, shelter or
medical care or cruelly treated or used, as defined in sections
nineteen and nineteen-a, article eight, chapter sixty-one of this
code.
(b) The owner, or person in possession, if his or her identity
and residence is known, of any animal seized pursuant to subsection
(a) of this section, shall be provided written notice of
such the
seizure, their liability for the cost and care of the animal seized
as
herein provided
in this section, and the right to request a
hearing before a magistrate in the county
wherein where the animal
was seized. The magistrate court shall schedule any hearing
so
requested within ten working days of the receipt of the request.
The failure of an owner or person in possession to request a
hearing within five working days of the seizure
shall be deemed is prima facie evidence of the abandonment of
said the animal. At the
hearing, if requested, the magistrate shall determine if probable
cause exists to believe that
such the animal was abandoned,
neglected or deprived of necessary sustenance, shelter or medical
care, or otherwise treated or used cruelly as set forth
herein in
this section.
(c) Upon finding of
such probable cause, or if no hearing is
requested, if the magistrate finds probable cause based upon the
affidavit of the humane officer, the magistrate shall enter an
order authorizing any humane officer to maintain possession of the
animal pending further proceedings, appeal or the disposition of
any criminal charges pursuant to chapter sixty-one of this code.
During this period the humane officer is authorized to place the
animal in a safe private home or other safe private setting in lieu
of retaining the animal in an animal shelter. The person whose
animal is seized is liable for all costs of the care of the seized
animal.
(d) Any person whose animal is seized and against whom a
finding of probable cause is rendered pursuant to this section is
liable for the costs of the care, medical treatment and provisions
for
such the animal during any period it remains in the possession
of the humane officer.
The magistrate may require the person
liable for these costs to post bond to provide for the maintenance
of the seized animal.
(e) If, after the humane officer takes possession of the animal pursuant to the finding of probable cause,
it is determined
by a licensed veterinarian
determines that the animal should be
humanely destroyed to end its suffering, the veterinarian may order
the animal to be humanely destroyed
according to acceptable humane
standards and neither the humane officer
, animal euthanasia
technician, nor the veterinarian
may be is subject to any civil or
criminal liability as a result of
any such determination. such
action.
(f) The term "humanely destroyed" as used in this section
means:
(i) humane euthanasia of an animal by hypodermic injection by
a licensed veterinarian, or by a certified animal euthanasia
technician in accordance with the provisions of article ten-a,
chapter thirty of this code, or
(ii) any other humane euthanasia procedure approved by the
American Veterinary Medical Association, the Humane Society of the
United States, or the American Humane Association.
(g) Only in case of emergency, where humane euthanasia of an
animal cannot be implemented expeditiously, the animal may be
destroyed by shooting, if:
(i) The shooting is performed by someone properly trained,
using a weapon and ammunition of suitable caliber and other
characteristics to produce instantaneous death by a single shot;
and
(ii) Maximum precaution is taken to minimize the animal's suffering and protect the general public, employees and other
animals.
(f) (h) The provisions of this section do not apply to farm
livestock, poultry, gaming fowl or wildlife kept in private or
licensed game farms if kept and maintained according to usual and
accepted standards of livestock, poultry, gaming fowl, wildlife or
game farm production and management, nor to the humane use of
animals or activities regulated under and in conformity with the
provisions of 7 U.S.C. §2131 et seq. and the regulations
promulgated thereunder, as both such statutes and regulations are
in effect on the effective date of this section.
§7-10-5. Destruction of animals.
Any
such humane officer
or animal shelter may lawfully
humanely destroy or cause to be humanely destroyed any animal
in
his charge, in a manner consistent with the provisions of section
four of this article, when in the judgment of
such the humane
officer
, or director or supervisor of a animal shelter, and by the
written certificate of a regularly licensed veterinary surgeon,
such the animal appears to be injured, disabled, diseased past
recovery or the animal is unclaimed.
CHAPTER 19. AGRICULTURE
ARTICLE 20. DOGS AND CATS.
§19-20-8. Impounding and disposition of dogs; costs and fees.
(a) All dogs seized and impounded as provided in this article,
except dogs taken into custody under section two of this article, shall be kept housed and fed in the county dog pound for five days
after notice of seizure and impounding
shall have has been given or
posted as required by this article, at the expiration of which time
all dogs which have not previously been redeemed by their owners as
herein provided
in this article, shall be sold or humanely
destroyed. No dog sold as
herein provided
shall in this section
may be discharged from the pound until
such the dog
shall have has
been registered and provided with a valid registration tag.
The term "humanely destroyed" as used in this section means:
(i) humane euthanasia of an animal by hypodermic injection by
a licensed veterinarian, or by a certified animal euthanasia
technician in accordance with the provisions of article ten-a,
chapter thirty of this code, or
(ii) other humane euthanasia procedure approved by the
American Veterinary Medical Association, the Humane Society of the
United States, or the American Humane Association.
(b) Only in cases of emergency or where humane euthanasia of
dogs cannot be implemented expeditiously, the dog may be destroyed
by shooting, if:
(i) The shooting is performed by someone properly trained,
using a weapon and ammunition of suitable caliber and other
characteristics to produce instantaneous death by a single shot;
and
(ii) Maximum precaution is taken to minimize the dog's
suffering and protect the general public, employees and other animals.
(c) The owner, keeper or harborer of any dog seized and
impounded under the provisions of this article may, at any time
prior to the expiration of five days from the time that notice of
the seizure and impounding of the dog
shall have has been given or
posted as required by this article, redeem the
same dog by paying
to the dog warden or his
or her authorized agent or deputy all of
the costs assessed against
such the dog, and by providing a valid
certificate of registration and registration tag for
such the dog.
(d) Reasonable costs and fees, in
such an amount
as may to be
determined from time to time by the county commission, shall be
assessed against every dog seized and impounded under the
provisions of this article, except dogs taken into custody under
section two of this article.
Such The cost shall be a valid claim
in favor of the county against the owner, keeper or harborer of any
dog seized and impounded under the provisions of this article and
not redeemed or sold as
herein provided
in this section, and
such
the costs shall be recovered by the sheriff in a civil action
against
such the owner, keeper or harborer.
(e) A record of all dogs impounded, the disposition of
such
the dogs and a statement of costs assessed against each dog shall
be kept by the dog warden and a transcript thereof shall be
furnished to the sheriff quarterly.:
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