At a Regular Session of the County Commission of Cabell County, West Virginia, held at the Courthouse thereof on the ____ day of ______, 2005, the following Order was made and entered:

 

              IN THE MATTER OF AMENDING THE CABELL COUNTY LEASH LAW

 

 

The following resolution was offered by:

 

_____________________________, _____________________:

 

WHEREAS, the Cabell County Commission (the “Commission”) at a regularly scheduled session held on April 10, 1995 adopted an Ordinance to establish a leash law for dogs for the unincorporated areas of Cabell County, West Virginia; and

 

WHEREAS, said leash law was further amended in 1998 and 2001; and

 

WHEREAS, in the interest of public safety and public health as well as providing for the humane treatment of dogs, the Commission deems it appropriate that regulations be established for the maintenance and control of dog shelters as hereinbelow defined.

 

NOW, THEREFORE, BE IT RESOLVED that from and after the date of the adoption of this Resolution a new Section entitled “REGULATION OF DOG SHELTERS” shall be added as follows:

 

REGULATION OF DOG SHELTERS.

 

SUBSECTION A:  DEFINITIONS:

 

(1)   Dog Shelter: A Dog Shelter (hereinafter sometimes referred to as the “Premises”) is hereby defined as any place where an owner/entity has in his care or custody seven or more dogs at any given time.  Excluded from this definition are licensed veterinarian facilities and/or dog grooming facilities which temporarily house dogs as well as the Cabell Huntington Animal Control Shelter.

 

(2)    Owner/Entity: Any person or entity having a right of property in a dog and any person/entity who keeps or harbors a dog or has a dog in his care or acts as its custodian.

 

SUBSECTION B:   REGULATIONS:

 

(1)    Any person/entity wishing to establish a dog shelter as hereinabove defined within the unincorporated areas of Cabell County (hereinafter sometimes referred to as the “Premises”) shall first apply for a permit from the Cabell County Commission.  The cost of said permit shall be $250.00 and shall be renewed annually. Any dog shelter in existence at the time of the adoption of resolution shall be exempt for the first year’s permit but shall be required to obtain an annual permit thereafter beginning one year from the date of adoption of this resolution. Provided, further, any such existing dog shelter shall immediately be governed by the regulations herein adopted and shall remain in compliance therewith.

 

(2)        Upon the issuance of the permit, the person/entity shall be subject to the following:

 

(i)          For purposes of public safety, the Premises shall be entirely enclosed to prevent the running loose of dogs contained therein for protection of persons and/or property located within the neighborhood.

 

(ii)      For purposes of public health, the premises shall be maintained in a clean and sanitary condition with the appropriate disposal of fecal material so as not to contaminate the surrounding environment creating a health hazard.  Periodic inspections of the Premises shall be conducted by the Cabell Huntington Health Department.

 

(iii)    All dogs contained in the Premises shall be humanely treated by providing proper food, water and protection from the elements as well as receiving all necessary shots and treatment for fleas, ticks and other harmful parasites.  A record of such treatments shall be maintained for each dog subject to inspection by the supervisory authority hereinafter designated.

 

(iv)      The owner/entity shall take all necessary steps to prevent excessive barking which would constitute a nuisance to surrounding neighbors especially between the hours of 9:00 p.m. to 7:00 a.m.

 

(v)      The owner/entity shall at all times have posted on the Premises clearly visible to anyone approaching the facility, the name, address and phone number of the owner/entity.

 

(vi)  The Cabell Huntington Animal Control Center (the “Supervisory Authority”) shall be the agency authorized to enforce these regulations with the assistance of the Cabell County Sheriff’s Office, if necessary.

 

 

(vii)    Any owner/entity failing to comply with these regulations shall be subject to the possibility of having their permit terminated and the Premises shut down as well as the removal of all dogs contained therein. If the infraction, as determined by the Supervisory Authority, is not serious enough to close the Premises, then, and in such event,  a fine of $50.00 per day shall be imposed until the infraction is cured.

 

 

 

 

BE IT FURTHER RESOLVED, that except as otherwise amended herein by this Ordinance, the existing leash law and its previous amendments shall remain in full force and effect.

 

The adoption of the foregoing resolution having been moved by:___________________, _________________, and duly seconded by: __________________, ____________________, the vote thereon was as follows:

 

Bob Bailey, President                           ______

 

Scott Bias, Commissioner                     ______

 

Nancy Cartmill, Commissioner  ______

 

 

Whereupon, Bob Bailey, President, declared said Resolution duly adopted and it is therefore ADJUDGED and ORDERED that said Resolution be, and the same is hereby adopted as so stated above.

 

________________________________

Bob Bailey, President

 

________________________________

Scott Bias, Commissioner

 

________________________________

Nancy Cartmill, Commissioner