Leash Law Code 19-20-6
WHEREAS, the West Virginia Legislature has provided in Chapter 19, Article 20, Section 6 of the West Virginia Code of 1931, as amended, that "Any county commission may promulgate and enforce such ordinances, rules and regulations, not inconsistent 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 commission may promulgate and enforce such ordinances, rules and regulations to the extent necessary for the implementation of the provisions contained in this article, and
WHEREAS, the county commission of Brooke County deems it appropriate and advisable for the public health and welfare that dogs ought to be restrained from running at large and that the owners or custodians of such dogs are the proper persons to exercise such restraint, it is to that end therefore,
BE IT ORDAINED BY THE COUNTY COMMISSION OF THE COUNTY OF BROOKE, STATE OF WEST VIRGINIA:
SECTION 1: It is unlawful for the owner of any dog, or any person having custody or control of any dog to knowingly or negligently permit the dog to run at large in public places, upon public roads, or upon lands or in buildings not owned by said owner or person having custody or control of the dog unless he or she shall have previously obtained permission of the owner or person or persons in charge of the said land or buildings or unless he or she shall be engaged with such dog in lawful methods of hunting as permitted in Chapter 20, Article 2, of the West Virginia Code.
SECTION 2: Notwithstanding the provisions of Section 1, all dogs shall be on leashes or otherwise restrained by the owner or person having custody of the dog where any person persons may foresee ably come in contact with the dog when said person is lawfully in the same area of the dog.
SECTION 3: The county dog warden of Brooke County, West Virginia, and his deputies shall seize on sight and impound any dog reasonably believed by said person to be running at large in violation of the provisions of this ordinance. They shall be responsible for the proper care and final disposition of all such impounded dogs. The county dog warden shall make a month report, in writing, to the county commission of his county detailing his activities with respect to the enforcement of this ordinance. When any dog shall have been seized and impounded as a result of the violation of this ordinance, the county dog warden shall forthwith give notice to the owner of such dog, if such owner be known to the warden, that such dog has been impounded and that it will be sold or destroyed if not redeemed within five (5) days. If the owner of such dog be not known to the warden, he 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 dog will be sold or destroyed if not redeemed within five (5) days. All dogs seized or impounded as provided within this ordinance shall be kept housed and fed in the county dog pound for five (5) days after notice of seizure and impounding shall have been given or posted as required by this ordinance, at the expiration of which time, all dogs which have not previously been redeemed by their owners as herein provided, shall be sold or destroyed. The owner, keeper, or harborer of any dog seized and impounded under the provisions of this ordinance may, at any time prior to the expiration of five (5) days from the time that notice of the seizure and impounding of the dog shall have been given or posted as required by this ordinance, redeem the same by paying to the dog warden or his authorized agent or deputy all of the costs assessed against the disposition of such dogs, and a statement of costs assessed against each dog shall be kept by the dog warden and a transcript thereof shall be furnished to the Sheriff of Brooke County quarterly.
SECTION 4: The Magistrate Court of Brooke County shall have jurisdiction of violation of this ordinance and any such violation of ordinance by any person shall be punishable in the discretion of the presiding magistrate by a fine of not more that One Hundred Dollars ($100.00).
ADOPTED BY APPROVAL OF
THE BROOKE COUNTY COMMISSION
THIS 26th DAY OF AUGUST 1993
Brooke County Sheriff's Department
Sheriff Charles W. Jackson
Created by: T Jarrell