Senate Bill No. 422
(By Senators Kessler, Edgell, Minear, Snyder, McKenzie, Hunter,
Rowe, Caldwell, Redd, Sprouse and Unger)
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[Introduced March 7, 2001; referred to the Committee on the
Judiciary.]
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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 one.
§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.