How the Law Affects Dog Ownership in WV
In West Virginia, dog ownership comes with its own set of responsibilities and regulations that must be understood in order to comply with local laws and avoid potential legal consequences. The laws regarding dog ownership in West Virginia focus on ensuring public safety, preventing the spread of diseases carried by animals, and protecting the animal welfare.
Rabies Vaccination Requirements
One of the key aspects of dog ownership in West Virginia is the requirement for pets to be vaccinated for rabies. According to West Virginia Code §19-9-1, the owners of all dogs and cats over six months of age are required to have their pets vaccinated for rabies. Vaccinations need to be done at or after six months, and every vaccine has a time range during which it will be effective. According to State Law, after the first vaccination, animals must be re-vaccinated every 12 months thereafter. If the vaccine is approved for use but carries a ‘dose adjustment’ label, then subsequent vaccinations must be readministrated every 36 months. But it is important to note, that even though the vaccines have a ‘dose adjustment’ label, each individual animal’s immunity may vary, so yearly vaccinations are still recommended.
Licensing and Registration
While West Virginia does not require a state-wide dog license, each county has its own dog board and fees that are associated with obtaining a license. For example , the Kanawha County dog license fee is $10.00/year for unaltered dogs and $3.00/year for those with a spay/neuter certificate. The fees go to the Kanawha County Animal Control Shelter and the proceeds are applied to the maintenance and medical care of the animals in the shelter. Additionally, it is a misdemeanor violation for any pet owner to allow their dog to roam freely. Pets must be kept within their owner’s yards, and tied up if they are outside. Fines for violations typically start at $25. This setup is similar to most other states.
Negligence & Dog Attacks
West Virginia is a "one-bite state" which means that dog owners are only liable if they have a prior knowledge of their dog’s tendency to bite. However, owners can also be held criminally liable if they allow their dog to roam freely resulting in the dog attacking and seriously injuring someone. West Virginia dog owners must take preventive measures such as enclosing their yards or muzzling their dogs to prevent future attacks from happening. Dog owners in the state can also be accused of crimes such as "Unlawful Abandonment of Animals" as codified in West Virginia Code §61-8-19 and "Unlawful Treatment of Animals". The laws regarding dog ownership in West Virginia are designed to protect both the public and animals themselves. These responsibilities should be taken seriously by all pet owners to avoid legal consequences.
Local Dog Leash Restrictions and Control Rules
In general, the law in West Virginia requires that a dog must be under the physical control of a person. In many municipalities, hearing the words "at large" automatically conjure up images of bad dogs running around the neighborhood chasing people and animals. To the contrary, most municipalities have embraced the term "at large" as meaning a dog that is not under immediate, voice control or on a leash. Vague? You bet!
While the law is unclear as to the exact definition of "immediate, voice control," you can be assured that in almost every county and city in West Virginia the standard is extremely high. The best way to avoid violating any leash laws is to make sure that your dog is immediately, voice controlled or on a leash while you are outside with them. Note: leash requirements do not apply to dogs that are in areas that are specially designated for dogs or pets unless otherwise designated-mostly parks. In other areas, a dog that is not in a specially designated area must be on a leash or under immediate, voice control.
Unfortunately, a sign that says that an area is off-limits to pets is not always posted. There are a number of areas within West Virginia that require specific permits for specific types of dogs and pets. If you are not sure, check with the local authorities to find out if there are any limits on where your dog can go.
Dog Bite and Liability Regulations in WV
Dog owners in West Virginia can be held legally responsible for the harm their pets cause to others. Under West Virginia law, pet ownership includes an obligation to exercise reasonable control over animals to prevent harm. Failing to do so can result in liability for damages incurred by the person injured by the pet.
The law pertaining to dog bites and liability in West Virginia is found in two places. First, the law regulating the treatment of dogs is found in Chapter 19, Article 20, Section 1 of the West Virginia Code. This law imposes an affirmative duty to exercise reasonable care to prevent dangerous dogs from "injuring persons or property." The law also specifically prohibits "unjust judgments to an innocent person whose life is in danger of a vicious dog" (§ 19-20-6). While this is not a criminal statute explicitly penalizing the dog owner for the actions of the dog, it is a statute that will have a bearing on the issue of liability.
The second part of West Virginia law regulating dog bites and liability is in Chapter 61, Article 8, Section 1 of the West Virginia Code. This statute specifically prohibits dogs from creating a danger to the person or property of another. If a dog creates such a danger, the owner may be guilty of a misdemeanor punishable with a fine up to $300 (§ 61-8-4).
In addition to the above-mentioned statutes, dog owners and their insurance companies are subject to personal injury liability claims once a person has suffered an injury or been bitten by a dog. Liability exists both for attacking people as well as when an aggressive dog is permitted to run at large, creating a risk of harm to others. When a dog is running at large and causes an auto accident, for example, the owner can be held responsible for the damages caused by the accident.
It deserves mention that there is a potential criminal penalty associated with an attack when a dog is provoked. Section 3 of Chapter 61, Article 8 of the West Virginia Code provides in part: If a dog shall bite or otherwise injure any person…while running at large and endeavoring to attack him or her, and that such injury was inflicted by such dog at the time it was not provoked, choke or cruelly beaten, then the owner of such dog shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty dollars nor more than one hundred dollars….
West Virginia Rules on Dangerous and Vicious Dogs
The law distinguishes between dangerous dogs and vicious dogs. West Virginia Code 19-20-1 incorporates the standard definition of a vicious dog from the American Dog Owners Association. For the purpose of the regulation of dangerous dogs, "vicious dog" means any dog which, when unprovoked, on either private or public property, engages in or attempts to engage in an attack on a person or domestic animal, or creates an imminent threat of an attack which threatens serious bodily injury or death to a person or a domestic animal. This builds on the common law precedent in West Virginia where courts have held that a dog can only be vicious if it has attacked or injured another animal or human. However, a dog attacked by another animal or human does not create a presumption of viciousness. For example, a dog who escapes its yard too many times to count runs into the street and gets into a fight with another dog does not fall into the legal definition of "dangerous dog" or "vicious dog" under the West Virginia Code.
Conversely, "dangerous dog" means any dog which, when unprovoked, on public or private property, engages in or attempts to engage in an attack on a person or domestic animal. Thus the primary difference between the definitions of "vicious dog" and "dangerous dog" is lack of intent. A "dangerous dog" is not necessarily vicious and the owner of a "dangerous dog" is able to avoid special licensing requirements so long as the owner keeps the dog confined and/or muzzled while off their property.
Under West Virginia law, once a dog has been determined to be dangerous or vicious there are specific licensing and care requirements imposed upon the owner. The owner must comply with the licensing requirements and keep the dog within a confines enclosure or, in the alternative, keep a muzzle on the animal and keep it on a leash outside of the enclosure to protect the public from the danger.
Reference Guide to Animal Cruelty Statutes
The laws protecting dogs from abuse and neglect in West Virginia are, thankfully, quite detailed and comprehensive. Animal cruelty, in all its forms, is strictly and heavily prohibited. The statute in West Virginia dealing with animal cruelty is named Article 3D of the Proposed West Virginia Animal Cruelty Bill. While this proposed bill has not yet been adopted by the State, mostly due to interpretation issues that lawyers at the Capitol interpret it differently from one another, the provisions are mostly similar in content to the current animal cruelty law contained within Section 61-8-19 of the W.V. State Code. This is a crime that is a misdemeanor unless three or more offenses committed within five years of each other (in which case prior offenses are enhanced to become felonies).
The bill sets forth the definitions of animal control officers; animal cruelty; animal fighting; animal fighting paraphernalia; pets; owner; and gross neglect. It also discusses animal cruelty in detail , addressing the following scenarios: confinement in confined quarters; lack of clean water; lack of proper food; lack of veterinary care; abandonment; failure to provide living conditions in proper conditions; abuse by another animal; abuse by another person.
Animal fighting is illegal in West Virginia. It defines "animal fighting" as when "a person causes, participates in, or attends a dogfight." It also prohibits not only acts of animal fighting, but also the aiding or abetting of animal fighting, either by knowingly organizing or conducting a fight itself, or knowingly causing another person to conduct an animal fight. The law sets forth the penalties for animal fighting, which are fines or both a fine and imprisonment.
It also defines animal fighting paraphernalia as it relates to animal fights, so there is a clear link to animal fighting and equipment used in animal fights, with the penalty for this – a Class 6 felony.
Local and City Ordinances Explained
While state law governs dog ownership and control in West Virginia, counties and municipalities can enact laws and ordinances regarding the care and control of dogs. Those ordinances may establish more stringent requirements than those imposed by state law. City and county laws may also address concerns that fall outside the scope of state law. Accordingly, a dog owner or potential dog owner in West Virginia should check local ordinances in addition to state law. While local laws and ordinances must comply with state law, not all state law will apply in every locality due to the existence of local law.
How to Resolve Dog Law Issues
As with all legal disputes, resolving issues relating to dog laws in the state of West Virginia will be a case specific analysis. However, there are some guidelines that can help in selecting an appropriate course of action. Therefore, it is typically a good idea to follow these steps when determining your course of action:
Step 1: Arrange to speak with a qualified attorney in your area at no charge the attorney will be willing to speak with you on the phone and listen to the facts known to you are and your concerns .
Typical questions may include:
Once they have all news they may schedule an appointment with in the next day or so.
- Find the appropriate court where your case will be filed.
- Consult with the appropriate party. (Typically Prosecuting Attorney Newspapers and/or Humane Society)
- Select the best course of action after discussing your options with your counsel.