H. B. 4316
(By Delegate Tillis)
[Introduced February 9, 1998; referred to the
Committee on Agriculture and Natural Resources.]
A BILL to amend and reenact section eight, article twenty-a,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to dogs and
cats; and prohibiting dogs from running at large on the
grounds of state parks.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-a, chapter nineteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 20A. VACCINATION OF DOGS AND CATS FOR RABIES.
§19-20A-8. Vaccinated dogs and cats may run at large;
confinement may be required by the commissioner
of agriculture within the limits of any
quarantine area or locality; and ordinances or
rules may be promulgated by any county
commission or municipality relating to the control and management of dogs within the
county; providing limited exemption for hunting
and farm dogs from county commission or
municipality action; dogs not to run at large in
state parks.
(a) Except as otherwise allowed under the provisions of
subsection (b) of this section, dogs or cats vaccinated in
compliance with the provisions of this article may run at large
in any area or locality. Provided, That
(b)(1) The commissioner of agriculture may, pursuant to
article nine of this chapter, exercise his or her discretion to
establish a quarantined area or locality and to require all dogs
and cats within the limits of any quarantined area or locality to
be confined as provided in article nine. Provided, however, That
(2) A county commission or a municipality may adopt and
enforce ordinances not inconsistent with the provisions of
article twenty of this chapter, of the code as it considers
necessary or convenient for the control and management of all
dogs in the county or a portion thereof all or part of its
jurisdiction, vaccinated or not. except as further provided
herein: Provided further, That any county commission or
municipality may not adopt any ordinance which purports to keep
The ordinances may not prohibit any vaccinated dog from running
at large while engaged in any lawful hunting, activity; from
running at large while engaged in any lawful training activity; or from running at large while engaged in any lawful training or
herding or other farm related activity. And provided further,
That the provisions of this section shall An ordinance adopted
under the authority granted in this subsection may not exempt any
dog from any quarantine established by or any confinement order
required by the commissioner relating to the establishment of a
quarantine.
(3) An owner or keeper of a dog may not permit the dog to
run at large on the grounds of any state park which is under the
jurisdiction of the director of the division of natural
resources. An owner or keeper of a dog shall keep the dog
securely controlled by a leash while on the grounds of any state
park, except while the dog is in a motor vehicle or other similar
confined area.
NOTE: The purpose of this bill is to require that dogs be
controlled by leashes while on the grounds of state parks.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.