Senate Bill No. 3
(By Senators Jackson, Deem, Hunter, Anderson, Unger, Snyder
and Edgell)
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[Introduced January 9, 2002; 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-ii,
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-ii, to read
as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3ii. 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.
NOTE: The purpose of this bill is to allow 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.