H. B. 4726
(By Delegates Hrutkay, Butcher, Wright,
Ferrell and Kuhn)
[Introduced
February 27, 2004
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §20-2-7 of the code of West Virginia,
1931, as amended, relating to providing 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; and providing that
prior to pursuing a straying dog the person make reasonable
efforts to notify the owner of the property of that
person's
intention to pursue the dog.
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.
It shall be 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
permission in writing from the owner, tenant or agent of such
owner, and every person hunting, fishing, shooting or fowling upon
such lands shall have in his or her possession such written
permission when so doing.
Any person who, for the purpose of, or while hunting, trapping
or fishing, shall, without the permission of the owner, tenant or
agent of the owner, enter upon the land of another and while
thereon shall kill or injure any domestic animal or fowl, or shall
cut, destroy or damage any bars, gates or fence, or any part
thereof, or shall leave 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: Provided, That no person may be held criminally liable
under this section merely because that person's dog, while beyond
the control of the person, pursues an animal or wild bird onto
private or leased property: Provided, however, That the person in
pursuit of his or her dog shall make all reasonable efforts to
notify the owner or other person otherwise in possession of the
property that his or her dog has strayed upon the property and that he or she is in pursuit of the dog.
It shall be lawful for the owner, lessee or the person
entitled to the possession of such lands, or the agent thereof, to
arrest any such person found violating this section and immediately
take him or her before a justice of the peace magistrate for trial,
and such owner, lessee, person or agent is hereby vested with all
the powers and rights of a game protector for such 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 owner, lessee, person or
agent, but not otherwise.
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.
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