Morgan County WV Petition

West Virginia

Chapter 61-8-19. Cruelty to animals; penalties; exclusions.

(a)If any person%u2026cruelly chains any animal%u2026,he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less that three hundred nor more than two thousand dollars or confined in jail not more than six months, or both.

CRUELTY TO COMPANION ANIMALS

a)   No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:

1)   When ambient temperatures fall below thirty-two degrees Fahrenheit, dogs shall be limited to a total of four hours outside, whether in a pen or on a tether. When summer temperatures exceed eighty-five degrees Fahrenheit, animals have to be provided with adequate shade. Adequate shade will be shade which affords the animal the ability to be protected from direct exposure to the sun.

2)   Dogs confined to pens must have not less than 100 square feet of pen space for each dog housed.

b)   DOG KENNELS must be tall enough to prevent the dog from jumping over or have a secure top and be able to prevent dogs from digging out. Kennels must have a minimum of 100 square feet for one dog, plus an additional 25 square feet for each additional dog in the same enclosure.

c)    CABLE RUNS are authorized as an alternative to fencing or kennel runs. These types of restraints should allow the animal freedom of motion to move about at will within a protected area on the property without becoming tangled in obstacles. The cable runs shall be located in the yard area so as to prevent the dog from traversing upon another person%u2019s property, public sidewalks or public property, and from charging and harassing persons and pedestrians utilizing these properties. Cables must be sized according to the manufacturer%u2019s for weight of the animal.

d)   TIE-OUTS must be sufficient in length but never less that eight (8) feet, excluding the length of the collar, and non-rigid, to allow the animal freedom of movement without becoming tangled. Tie-outs must not be the primary means of restraint and no animal shall be kept in this manner for more than 12 hours a day.

TETHERING IS PROHIBITED;

(1)            Between the hours of 10 p.m. and 6 a.m.

(2)            Within 500 feet of the premises of a school or school bus stop;

(3)            If the actual of effective outdoor temperature is below 32 degrees Fahrenheit;

(4)            If  a heat advisory has been issued by a local or state authority or jurisdiction;

(5)            If a winter storm warning has been issued for the jurisdiction by the National Weather Service;

(6)            If the animal does not have access to shade, dry shelter; and a tip proof water supply; 

(7)            If the animal is under four months of age;

(8)            If the animal is not spayed;

(9)            If the tether inhibits the animal%u2019s free movement or causes injury or entanglement;

(10)      If the length of the tether allows the animal to touch the fence or cross the property line or cross onto public easement;

(11)      If the tether and/or related attachments are greater than 20 percent of the animal%u2019s weight;

(12)      If the tether is less than five times the length of the dog  as measured from the tip of the dog%u2019s nose to the base of the dog%u2019s tail or less than 10 feet; whichever is greater.

(13)      If the tether is attached by means of a pinch-type, prong-type or choke-type collar or if the collar is unsafe or is not properly fitted.

End