H. B. 2999
(By Delegates Spencer and Brown)
[Introduced February 13, 2003; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section six, article twenty, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to disallowing the
retention of animal pickup fees by paid humane officers, and
allowing bounties only for dangerous animals.
Be it enacted by the Legislature of West Virginia:
That section six, article twenty, chapter nineteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
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 the number of deputies, for
such the time, and at such that compensation, as such the county
commission shall deem consider 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, Except in counties having a paid, full-time dog warden, 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 been
seized and impounded, the county dog warden shall forthwith give
notice to the owner of such the dog, if such the owner be 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 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
these 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, regardless of the age of any such
dog: Provided, That the county commissions may promulgate and
enforce such these 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
its ordinance for the arrest, conviction and punishment of any
person who violates the provisions thereof. The county commission
of each county may provide in any such 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 ordinance may not exceed one hundred
dollars. Magistrate courts and circuit courts shall have
concurrent jurisdiction with respect to such these misdemeanors.
NOTE: The purpose of this bill is to eliminate the bounty fee
for the pickup of dogs in counties which have a full-time humane
officer. Currently, counties which have a full-time humane officer
are paying for services twice, once with the salary and once with
the bounty.
Strike-throughs indicate language which would be stricken from
the present law, and underscoring indicates new language that would
be added.