ENGROSSED
Senate Bill No. 105
(By Senators Jackson, Deem, Hunter, Anderson, Unger, Snyder and
Edgell)
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[Introduced February 15, 2001; referred to the Committee on the
Judiciary.]
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A BILL to amend article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
three-hh, relating generally to authority of county
commissions; and allowing county commissions to enact
ordinances pertaining to barking dogs.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section three-hh, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3hh. Authority to adopt ordinance relating to barking dogs.
In addition to all other powers and duties which county
commissions now possess by law, county commissions may adopt and
enforce ordinances that require owners of dogs to prevent the
dogs from excessive barking. For purposes of this section,
excessive barking is barking which unreasonably interferes with
the neighbors' peace and quiet enjoyment of his or her home or
property. The ordinances may prescribe a penalty for failure to
quiet the dog after the owner has been notified by a
law-enforcement officer or humane officer to quiet the dog and
prevent further barking.
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(NOTE: The purpose of this bill is to county commissioners
to adopt ordinances requiring owners of dogs to prevent their
dogs from barking excessively.
The section is new; therefore, strike-throughs and
underscoring have been omitted.)