ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 3

(By Senators Jackson, Deem, Hunter, Anderson,

Unger, Snyder and Edgell)

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[Originating in the Committee on the Judiciary;

reported February 19, 2002.]

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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. These ordinances may be made effective throughout the entire county or in a portion thereof as the county commission may designate. For purposes of this section, "excessive barking" means 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: Provided, That the penalty in any ordinance adopted by a county commission pursuant to this section shall not allow for the seizure of any dog, the destroying of any animal or provide for a surgical procedure on the dog to cause the dog to no longer be capable of barking: Provided, however, That nothing in this section is intended to restrict the use of dogs for farm, hunting or as a guide dog.