H. B. 4485


(By Delegates Brown, Perdue, Hatfield,
DeLong and Craig)
[Introduced February 10, 2006; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to providing requirements for the tethering of a dog; and providing penalties.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §19-20-26, to read as follows:
 ARTICLE 20. DOGS AND CATS.
§19-20-26.

Tethered dogs; requirements; penalties.
If a dog is tethered or similarly restrained, the tether shall be attached so that the dog cannot become entangled with other objects or come into physical contact with other dogs, and so the dog can roam to the full range of the tether. The tether shall have a swivel hook and be of a type commonly used for the size dog involved, made of material not normally susceptible to being severed by the dog through chewing or otherwise, and shall be attached to the dog by means of a well-fitted collar that will not cause trauma or injury to the dog. The tether shall be six feet or at least three times the length of the dog as measured from the tip of its nose to the base of its tail and allow the dog convenient access to the dog house and to food and water containers.
Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars for the first offense. Any person who violates this section for a second time is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than two hundred fifty dollars. Any person violating this section for a subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars.


NOTE: The purpose of this bill is to provide requirements for the tethering of a dog; and to provide penalties.
This section is new; therefore, strike-throughs and underscoring have been omitted.