Bill Text: WV HB4704 | 2022 | Regular Session | Introduced

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Bill Title: Relating generally to unlawful restraint of dogs

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2022-02-15 - To House Judiciary [HB4704 Detail]

Download: West_Virginia-2022-HB4704-Introduced.html

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WEST VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

House Bill 4704

By Delegates Griffith, B. Ward, and Zukoff

[Introduced February 15, 2022; Referred to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-19d, relating to the restraint of dogs.

Be it enacted by the Legislature of West Virginia:

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-19d. Unlawful restraint of dogs.

(a) Definitions.-

“Adequate shelter” means a sturdy structure that provides the dog protection from inclement weather and with dimensions that allow a dog while in the shelter to stand erect, sit, turn around, and lie down in a normal position.

“Collar” means a band of material specifically designed to be placed around the neck of a dog.

“Inclement weather” includes rain, hail, sleet, snow, high winds, near freezing temperatures, and extreme high temperatures, tornados, thunderstorms, and floods.

“Owner” means the person who has custody or control of the dog.

“Properly fitted” means, with respect to a collar or harness, a collar or harness that is appropriately sized for the dog based on weight and measurements, does not choke the dog, and does not cause injury or pain.

“Restraint” means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolly system.

(b) Unlawful restraint.-

(1) An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to adequate shelter, an area that allows the dog to avoid standing water and exposure to animal waste, shade from direct sunlight, and potable water.

(2) An owner may not restrain a dog outside and unattended by use of a chain with weights attached that is shorter than five times the length of the dog as measured from the tip of the dog’s nose to the tip of the dog’s tail, or at least 10 feet, and is attached to a collar or harness not properly fitted.

(3) The dog must be properly fitted with and wearing a nonchoke collar or harness made of leather, nylon, or similar material. Choke, prong, martingale, or greyhound collars shall not be used.

(4) The chain must be attached to the dog’s collar or harness, not directly to the dog’s neck.

(5) The chain must be used in a manner so as to prevent injury, strangulation, or entanglement.

(6) The dog may not be chained outside during inclement weather as defined in subsection (a).

(7) The dog may not be chained within 15 feet from the edge of any public road or sidewalk.

(8) The dog must be six months or older.

(9) The dog must not be sick or injured.

(c) A person commits an offense if the person knowingly violates this section. The restraint of each dog is a separate offense.

(d) An offense under this section is a misdemeanor punishable by a $1,000 fine, unless the person has been previously convicted, with each subsequent offense being a $2,000 fine.

 

 

NOTE: The purpose of this bill is to prohibit unlawful restrain of dogs.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.