Please refer WV Animal Law Book 2024 edition to look more carefully at the code:
Suggestions for you if you are trying to get local authorities to check out complaints of abuse. Direct them to pertinent code that allows them to check for violations.
The sheriff has some laws to check here and first is
7-10-1 – Every county has humane officer by law / law enforcement must investigate all complaints
19-20-5. & 19-20-6 check for registration tags / can seize dogs without
19-20A-2. Vaccination of dogs and cats.
19-20-9 failure to register a kennel
61-8-19 protect from the elements of weather, food and water. This is vague but any officer can interpret this to the animal’s benefit if they are inclined.
7-1-14 allows county commissions to establish guidelines. – many local tethering ordinances seen below were crafted under this area of the code.
Getting complaints to proper authorities ie local law enforcement, county commissioners and news media helps in these situations. Email us for more info here.
When seizure for cruelty occurs, do not forget bonding step in 7.10.4. Why is this important? To ensure that the animals seized are paid for since they could be in county shelter for months before a trial. It also forces the relinquishment of animals more quickly from the perpetrator. Having the dogs lanquish for months in the shelter is unfortunate. It can also save thousands of tax payer dollars having to house these unfortunate animals for a long period of time. You cannot go back and apply bonding after the fact. You must follow the steps!
WV Animal Code 7-10-4
Steps in obtaining a bond on seized animals
- Animal control seizes animal
- Animal control provides written notice to owner of seizure, liability for the cost & right to request a hearing
- Owner must request a hearing within 5 working days of seizure or dog is considered abandoned
- Magistrate schedules a hearing within 10 working days of receipt of hearing from owner
- Magistrate – upon finding probable cause or if no hearing is requested, bond is set (cost of care, medical treatment included in bond cost) for the first 30 days. This will be repeated in increments of 30 days if needed. The institution caring for the animal may draw upon the money for care of that animal (amount must be established to cover all daily fees)
- Upon acquittal or withdrawal of the complaint any unused portion posted bond shall be returned to owner
Here is the Puppy Mill or Commercial Breeder’s Law information for you to provide to your county commissions, animal control officers and humane officers. This was originally prepared by Summer Wyatt, HSUS WV Director and FOHO WV. Since then, they have been altered by various counties to be used to fit their needs. Both Kanawha and Preston have good forms available,. Chris Brosan from HSUS has altered these to enable counties to simply fill in the blanks. We also have those available for handy download.
Puppy Mill Enforcement Responsibility Use this information for presenting to your county commission to initiate the registration and inspection of the Dog Breeding Facility.
Puppy Mill Checklist – Use this checklist to inspect the facility. It incorporates all the essential points in the law that needs to be inspected.
Horse Welfare Ordinance: Brooke County Horse Welfare Ordinance
A number of local animal ordinances are being passed throughout the state. Some restrict or set standards for tethering. As we get examples of those ordinances, we post them here. See them in red below from around WV.
Here is the Brooke County Animal Ordinance. AnimalCruelty brook County
City of Weirton, Wellsburg Other animal ordinances with sheltering standards in Brooke County
West Virginia Code, Section 7-1-14 code allows this to occur. It enables county commissions to act. It allows some precedent and standard of care.
A number of local animal ordinances are being passed throughout the state. Some restrict or set standards for tethering. As we get examples of those ordinances, we will post them here.
West Virginia Code, Section 7-1-14 code enables this to occur. It enables county commissions to act. It allows some precedent and standard of care.
Summers County Commission passed an animal care and control ordinance in 2010. It has a tethering limit, restricts dogs running at large along with other measures which further supports state law. summers_co_animal_care___control 2010
Fayette County passed their Humane Ordinance in Jan. 2019. Fayette Co Tethering Ordinance_amended FINAL 1.30.2019
City of Buckhannon, Upshur County Tethering Ordinance is on page 19 in this doc. Upshur Dog ordinance passed 032016 Only applies to the city of Buckhannon – not county.
A restricted tethering dog ordinance also passed in Berkeley County, WV in July 2010. A well organized group convinced the county commission to pass this measure. Here is a copy of their ordinance / Berkeley dog ordinance
A restricted tethering ordinance passed in Kanawha County in August 20, 2009. It is a county wide ordinance and not just for the city. However, the ordinance was contested and has since been revised. Kanawha final tethering ordinance / this is the revised copy which allows some exemptions for hunting dogs.
We have included the entire city ordinance here on animal code from Charleston, WV. Along with the restricted tethering above is the prohibition on transmitting a dog in a trunk or loose in the back of the truck, or left for more than 5 minutes in a car in extreme temperatures. There is also the controversial pet limit ordinance included too. Charleston Animal Ordinance 7266
Others include:
Moundsville Regulated Tethering Ordinance
The City of Nitro passed an anti-tethering ordinance. Dogs are only allowed to be tethered outdoors for a total of 3 hours in a 24 hour period. And when the temperature goes above 90 degrees or falls below 32 degrees they can’t be tethered outside at all. We do not have a copy of their ordinance. If you have access, pass it along to us.
Morgan County Canine Restraint Ordinance was just passed in January 2010.
Morgan County canine restraint ordinance
The City of Elkins passed its Regulated Tethering Ordinance in 2008. Elkins dog tethering ordinance
Elkins did a declaration of being a Humane City in 2016. However, Elkins also had a cat ordinance for the city for about 6 years. This seemed to work well since the shelter accepts cats and has done so for years. This Elkins cat ordinance is no longer in place in 2020. We have left it on her for reference purpose only. You need to carefully consider how this could be adopted in your area. Be sure you have the facilities to house cats and you are talking to local officials about trap, neuter and return for feral cats too. Elkins cat ordinance
Let us know of any ordinances in your area that affect animals.
