H. B. 4025
(By Delegates Houston and Fleischauer)
[Introduced January 13, 2000; referred to the
Committee on the Judiciary.]
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 sections six and eight, article twenty, chapter
nineteen of said code, all relating to prohibiting the
shooting of dogs or cats at county pounds or animal shelters
that receive county or state funds; and clarifying criminal
penalties for inhumane destruction of cats and dogs.
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 sections six and
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) 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.
(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.
(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 nor the veterinarian may be is subject to any civil or
criminal liability as a result of any such the determination.
(1) The terms "humanely destroyed" and "destroyed according
to acceptable humane standards" as used in this section mean humane euthanasia of dogs and cats in the following order of
preference: (A) A lethal solution of sodium pentobarbital, a
sodium pentobarbital derivative, or the most recent "euthanasia
drug of choice" as defined in section eight, article ten-a,
chapter thirty, to be administered by intravenous injection by
hypodermic needles 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; and (B) any other
procedure approved by the American Veterinary Medical
Association, the Humane Society of the United States or the
American Humane Association.
(2) The method provided by this subdivision may be used only
in an emergency situation in which the mandatory method of
euthanasia of cats and dogs cannot be implemented expeditiously
and will cause undue suffering, and may not be used as a
substitute for the mandatory method. The animal may be destroyed
by shooting, if:
(A) The animal is restrained in a humane manner;
(B) The shooting is performed by a highly skilled and
trained personnel using a weapon and ammunition of suitable
caliber and other characteristics to produce instantaneous death
by a single shot; and
(C) Maximum precaution is taken to protect the general
public, employees and other animals.
(f) 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 the reenactment of this
section during the regular session of the Legislature in the year
two thousand.
§7-10-5. Destruction of animals.
(a) Any such humane officer may lawfully destroy or cause to
be destroyed any animal in his or her charge, when in the
judgment of such the humane officer, 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.
(b) The terms "destroy" and "cause to be destroyed" as used
in this section mean humane euthanasia of dogs and cats in the
following order of preference: (1) A lethal solution of sodium
pentobarbital, a sodium pentobarbital derivative, or the most
recent "euthanasia drug of choice" as defined in section eight,
article ten-a, chapter thirty, to be administered by intravenous injection by hypodermic needles 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; and (2)
any other procedure approved by the American Veterinary Medical
Association, the Humane Society of the United States or the
American Humane Association.
(c) The method provided in this subsection may be used only
in an emergency situation in which the safety of people or other
animal life is threatened or in a situation in which the
mandatory method of euthanasia of cats and dogs cannot be
implemented expeditiously and will cause undue suffering, and may
not be used as a substitute for the mandatory method. The animal
may be destroyed by shooting, if:
(1) The animal is restrained in a humane manner;
(2) The shooting is performed by a highly skilled and
trained personnel using a weapon and ammunition of suitable
caliber and other characteristics to produce instantaneous death
by a single shot; and
(3) Maximum precaution is taken to protect the general
public, employees and other animals.
CHAPTER 19. AGRICULTURE.
ARTICLE 20. DOGS AND CATS.
§19-20-6. County dog warden; rules for dog control; prosecution
and penalties for violation of ordinances.
(a) The county commission of each county may appoint and
employ a county dog warden, and such any number of deputies, for
such a time, and at such compensation, as such the county
commission shall deem considers reasonable and necessary to
enforce the provisions of this code with respect to the control
and registration of dogs, the impounding, care and destruction of
unlicensed dogs. Such The county dog warden may be appointed a
deputy assessor for the purpose of collecting the dog tax and
registration fees, taking the dog registration and providing the
tags authorized by this article. The county dog warden or any
deputies may, in the discretion of the county commission, be
regularly employed officers or agents of any humane society or
society for the prevention of cruelty to animals, organized and
operating under the laws of this state and owning, controlling
and operating a suitable place within the county for impounding
and destroying dogs. In addition to the compensation provided
for above by the county commission, a bounty of fifty cents per
dog shall be paid to the county dog warden or deputy who captures
an unregistered dog. Such The county dog warden and deputy
wardens shall each give bond in a sum of not less than one
thousand dollars and not more than two thousand dollars
conditioned on the faithful performance of their duties. Such
The bonds shall be filed with the county commission by which such
the persons are appointed.
The county dog warden and his or her deputies shall patrol
the county in which they are appointed and shall seize on sight
and impound any dog more than six months of age found not wearing
a valid registration tag, except dogs kept constantly confined in
a registered dog kennel. They shall be responsible for the
proper care and final disposition of all impounded dogs. The
county dog warden shall make a monthly report, in writing, to the
county commission of his or her county. When any dog shall have
has been seized and impounded, the county dog warden shall
forthwith give notice to the owner of such the dog, if such the
owner be is known to the warden, that such the dog has been
impounded and that it will be sold or destroyed if not redeemed
within five days. If the owner of such the dog be is not known
to the dog warden, he or she shall post a notice in the county
courthouse. The notice shall describe the dog and the place
where seized and shall advise the unknown owner that such the dog
will be sold or destroyed if not redeemed within five days.
(b) Any county commission may promulgate and enforce such
ordinances and rules and regulations not inconsistent with the
provisions of this article, as it considers necessary or
convenient for the control and management of all dogs in the
county, or any portion thereof of the county, regardless of the
age of any such the dog: Provided, That the county commissions
may promulgate and enforce such ordinances and rules and regulations to the extent necessary for the implementation of the
provisions contained in this article.
(c) The county commission of each county may provide in such
an ordinance for the arrest, conviction and punishment of any
person who violates the provisions thereof of the ordinance. The
county commission of each county may provide in any such the
ordinance that any person who violates the provisions of the
ordinance is guilty of a misdemeanor and, upon conviction
thereof, that such the person is subject to a fine or fines. The
amount of such the fine for a single violation of any such the
ordinance may not exceed one hundred dollars. Magistrate courts
and circuit courts shall have concurrent jurisdiction with
respect to such the misdemeanors.
(d) The terms "destruction," "destroy," "cause to be
destroyed," "humanely destroyed" and "destroyed according to
acceptable humane standards" as used in this section and in
section twenty-three, article twenty, chapter nineteen of this
code, mean humane euthanasia of dogs and cats in the following
order of preference: (1) A lethal solution of sodium
pentobarbital, a sodium pentobarbital derivative, or the most
recent "euthanasia drug of choice" as defined in section eight,
article ten-a, chapter thirty, to be administered by intravenous
injection by hypodermic needles 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; and (2)
any other procedure approved by the American Veterinary Medical
Association, the Humane Society of the United States or the
American Humane Association.
(e) The method provided in this subsection may be used only
in an emergency situation in which the safety of people or other
animal life is threatened or in a situation in which the
mandatory method of euthanasia of cats and dogs cannot be
implemented expeditiously and will cause undue suffering, and may
not be used as a substitute for the mandatory method. The animal
may be destroyed by shooting, if:
(1) The animal is restrained in a humane manner;
(2) The shooting is performed by a highly skilled and
trained personnel using a weapon and ammunition of suitable
caliber and other characteristics to produce instantaneous death
by a single shot; and
(3) Maximum precaution is taken to protect the general
public, employees and other animals.
§19-20-8. Impounding and disposition of dogs; costs and fees.
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: Provided, That no dog or cat housed at a
shelter or pound that receives county or state funds may be
destroyed by being shot. The Legislature finds that destroying
a cat or dog by shooting is inhumane. 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 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.
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.
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.
NOTE: The purpose of this bill is to prohibit the shooting
of dogs or cats at county pounds or animal shelters that receive
county or state funds and to clarify criminal penalties for
inhumane destruction of cats and dogs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.