Plus you have to pay for the damages done by this dog, a dog at large fines, etc. The dog was just lucky it was rescued from a caring person because you did not take care of the dog if it one you found less then 2 months ago. you had time to get him fixed and all tags, shots, and do right by him. there are many strays animals in monroe county that are in the same situation and then when they find a loving family, go to the vet, someone then claims it's there dog. at least these people have the money to pay a lawyer to make sure this dog stays where it is.
If you dont' watch, you could end up being charged for all the damages this dog has done, the livestock it has gotten a hold of, and other damages, plus fines, plus lawyer fees, or you could just drop it before this is turned around.
§ 19-20-5. Wearing of registration tag by dog
Every registered dog shall at all times wear a valid registration tag issued as provided in this article. The failure to have displayed or worn on any dog, at any time, of such valid tag shall be prima facie evidence that such dog is not registered and such dog shall be subject to be, and shall be, impounded, sold, or destroyed as hereinbefore or hereinafter provided.
§ 19-20-11. Assessment of dogs as personal property
In addition to the head tax on dogs provided for in this article, the owner of any dog above the age of six months shall be permitted to place a value on such dog and have such dog assessed as personal property in the same manner and at the same rate as other personal property.
§ 19-20-13. Dog running at large; liability of owner
Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at large.
Acts 1925, c. 83, § 5; Acts 1951, c. 69.
§ 19-20-14. Dog killing, wounding or worrying livestock or poultry--Recovery of damages
If any dog has killed or assisted in killing, wounding or worrying any sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry out of the enclosure of the owner of the dog, the owner or keeper of the dog shall be liable for the sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry in the amount of the damages sustained, to be recovered in an action before any court or magistrate having jurisdiction of the action. It shall not be necessary to sustain the action to prove that the owner of the dog knew the dog was accustomed to worrying, killing or wounding. A recovery under this section shall bar and preclude the owner of the sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry from obtaining compensation from the county commission under the provisions of this article. If the person suffering the loss or damage cannot ascertain the owner or keeper of the dog, or if the owner or keeper is not financially responsible, then the person suffering the loss or damage may file his claim with and prove the same before the county commission of the county in which the loss or damage is sustained, in the manner provided in this article, and the commission shall pay the loss or damage out of the fund provided for such purposes and according to the provisions of this article. When compensation is so obtained from the county commission, the county commission is authorized to sue under this section and recover as the owner of the sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry. The amount so recovered shall be paid into the county treasury; but no suit shall be commenced unless authorized by the county commission.
Acts 1925, c. 83, § 1; Acts 1929, c. 13, § 50; Acts 1951, c. 69; Acts 1971, c. 5; Acts 1981, c. 71; Acts 1986, c. 2.
§ 19-20-15. Same--Assessment of damages; appraisers
Authority is hereby given to magistrates and notaries public within this state, and within their respective jurisdictions, to summon three substantial, upright and worthy bona fide residents, citizens and taxpayers of his county to assess the damages suffered by any person on account of the destruction, loss or injury of any sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry by dogs within the county. The appraisers shall be appointed upon the request of a person suffering damages on account of such destruction, loss or injury. The appraisers shall go upon the ground and investigate fully the extent of the destruction, loss or injury, taking all the evidence deemed necessary to arrive at the facts to be passed upon in arriving at the amount of damage, if any, suffered by the party making the complaint. Before the appraisers may be summoned by the magistrate or notary public, the complainant shall be required to make a sworn complaint before the magistrate or notary public, setting out in plain, easily comprehensible terms the facts concerning his damages to the best of his knowledge. After making a full investigation of the facts involved, the appraisers, with the assistance of the magistrate or notary public, shall make a sworn statement and report the facts ascertained and the damages suffered. The report and statement shall be filed with the county commission or the clerk thereof in vacation. The fees and mileage for services allowed in such cases shall be the same as are allowed magistrates, witnesses and arbitrators in magistrates' courts in this state for similar services. In the event that the appraisers find that the complainant has suffered no damage, then the complainant shall be responsible for and pay all the costs and expenses of the proceeding. In the event that the complainant has suffered damages on account of the destruction, loss or injury of his domestic animals, according to the finding of the appraisers, the owner, keeper or person permitting the dog, or dogs, causing the damage to remain upon the premises under his control shall be liable for all damages sustained by the complainant, including all costs and necessary expenses. All of the damages shall be collectible by an action at law before any court or magistrate having jurisdiction of the matter. All papers in connection with any claim shall be filed and preserved in the office of the clerk of the county commission.
Acts 1925, c. 83, § 7; Acts 1951, c. 69; Acts 1971, c. 5; Acts 1981, c. 71; Acts 1986, c. 2.
Chapter 19. Agriculture. Article 20A. Vaccination of Dogs and Cats for Rabies.
§ 19-20A-1. Purpose and policy
The purpose of this article is to establish a rabies vaccination procedure for dogs and cats and to check the spread of rabies for the immediate preservation of life, health and safety for the reason that rabies is spreading among dogs and cats, and becoming a menace and danger to people, livestock, poultry and game, and the provisions herein are designated to prevent the spread of rabies.
Acts 1955, c. 6; Acts 1987, c. 112.
§ 19-20A-2. Vaccination of dogs and cats
Whoever owns, keeps or harbors a dog or cat within the boundaries of any county in the state of West Virginia shall, on or before the first day of June, one thousand nine hundred eighty-seven, have such dog or cat properly vaccinated or immunized against rabies with a vaccine capable of producing immunity for two years and shall every second year thereafter have such dog or cat revaccinated with a vaccine capable of producing immunity for two years. After the first day of June, one thousand nine hundred eighty-seven, whoever obtains an unvaccinated dog or cat shall at once have such dog or cat properly vaccinated against rabies with a vaccine capable of producing immunity for two years and shall have such vaccination repeated every second year with a vaccine capable of producing immunity for two years: Provided, That dogs and cats need not be vaccinated before the age of three months, but must be vaccinated by the age of six months: Provided, however, That dogs and cats entering the state of West Virginia temporarily cannot be kept and maintained within the state of West Virginia for a period of more than thirty days unless properly vaccinated. Anyone owning a dog or cat can have them vaccinated by any veterinarian or person working with or under such veterinarian, or if there be no resident veterinarian in the county, by such other qualified person as may be appointed by the county commission, who shall work under the supervision of the county health department.
Acts 1955, c. 6; Acts 1957, c. 54; Acts 1987, c. 112.
§ 19-20A-3. Vaccination record and report
Whoever vaccinates or revaccinates a dog or cat against rabies shall keep a record of such vaccination or revaccination, and on or before the first day of each calendar month thereafter, shall mail to or deliver to the county clerk of the county where the vaccination takes place a report of such vaccination or revaccination which shall include a number identifying the individual record of the dog or cat vaccinated, a complete description of the dog or cat, place where the dog or cat is kept or harbored, name of the owner, keeper or harborer, his or her address, date and type of vaccination or revaccination and such other information as may be required by the county health department or the county commission over the signature of the person reporting.
Acts 1955, c. 6; Acts 1987, c. 112.
§ 19-20A-4. Vaccination tag and certificate
Each person vaccinating a dog or cat for rabies shall provide a "certificate of rabies vaccination" which shall contain the following information:
(a) Name of the county where the owner of the animal resides;
(b) Vaccination tag number;
(c) Identification of the animal by color, weight, breed, age and sex;
(d) Name, address and telephone number of the owner;
(e) Type of vaccine, the manufacturer of the vaccine and the serial number;
(f) Date of the vaccination;
(g) Identification of the veterinarian, doctor of medicine or person administering the vaccination;
(h) Such other information as the commissioner of agriculture may require.
The owner of the animal shall retain the original certificate of vaccination in his or her records. Copies of the certificate or a computer printout that contains the information required above shall be filed with the person administering the vaccination and the clerk of the county commission in the county where the owner of the animal resides.
Tags to be furnished by the county commission shall be of a distinctive and easily recognized color, and shall have thereon engraved, or stamped, the year of vaccination and the number indicating the record above described. Such tag shall be securely fastened to the collar worn by the dog and shall be given to the owner by the veterinarian, the doctor of medicine or the person vaccinating the dog or cat at the time of vaccination.
Acts 1955, c. 6; Acts 1987, c. 112; Acts 1992, c. 179.
§ 19-20A-5. Type of vaccine to be furnished; fee
It shall be the duty of the veterinarian, or person vaccinating each animal to furnish vaccine of a type capable of establishing and maintaining immunity for a period of not less than twenty-four months and he or she shall charge and collect a fee of not more than eight dollars for each animal vaccinated, if done at a clinic established by a county commission or, if vaccinated at any other place, he or she shall charge and collect a reasonable fee for his or her services.
Acts 1955, c. 6; Acts 1957, c. 54; Acts 1967, c. 11; Acts 1975, c. 8; Acts 1981, c. 72; Acts 2005, c. 81, eff. 90 days after April 8, 2005.
§ 19-20A-6. Offenses and penalties
Whoever owns, keeps or harbors a dog or cat and fails to have such dog or cat vaccinated or revaccinated against rabies, and whoever vaccinates a dog or cat against rabies and fails or refuses to keep and report the required record of such vaccination, or fails or refuses to provide the required tag, or whoever obstructs or interferes in any way with the enforcement of any section of this article shall, upon conviction, be fined not less than ten dollars nor more than fifty dollars, or be confined in the county jail not less than ten days nor more than sixty days, or both.
Acts 1955, c. 6; Acts 1987, c. 112.
§ 19-20A-7. Enforcement of article
The enforcement of the provisions of this article shall be in the hands of the sheriff of each county, any of his deputies, constables, conservation commission officers, commonly known as game wardens, and, if deemed necessary, there shall be a special officer to be appointed by the county commission, who is authorized, empowered, and directed to inspect rabies, pick up dogs and cats and dispose of dogs which are not taxable or not vaccinated according to this article. The sheriff of each county can have one or more sittings, if deemed necessary, in each district of the county, at which he shall be present or have present one of his deputies or the special officer above provided for, to take charge of all delinquent dogs and cats and homeless dogs and cats that are not vaccinated. The assessor of each county, or one of his deputies, shall accompany the veterinarian, doctor, or the one who administers the vaccine in these sittings for the purpose of collecting taxes on dogs. All dogs which are not vaccinated and for which taxes are unpaid shall become the responsibility of the sheriff to catch and dispose of as is provided by law.
<Acts 1994, c. 61, abolished the conservation commission and the office of director of conservation. The responsibilities, functions and services are transferred to the division of natural resources, the natural resources commission and the office of director of the division of natural resources. See § 20-8-1.>
<Acts 1976, c. 33, abolished the office of the constable and transferred all duties and powers of the constables to deputy sheriffs. See § 50-1-17.>
Acts 1955, c. 6; Acts 1987, c. 112.
§ 19-20A-8. Vaccinated dogs and cats may run at large; confinement may be required by the commissioner of agriculture within the limits of any quarantine area or locality; and ordinances or rules may be promulgated by any county commission or municipality relating to the control and management of dogs within the county; providing limited exemption for hunting and farm dogs from county commission or municipality action
Dogs or cats vaccinated in compliance with the provisions of this article may run at large in any area or locality: Provided, That the commissioner of agriculture may, pursuant to article nine of this chapter, exercise his discretion to establish a quarantined area or locality and to require all dogs and cats within the limits of any quarantined area or locality to be confined as provided in article nine: Provided, however, That a county commission or a municipality may adopt and enforce ordinances not inconsistent with the provisions of article twenty of this chapter of the code, as it considers necessary or convenient for the control and management of all dogs in the county, or a portion thereof, vaccinated or not, except as further provided herein: Provided further, That any county commission or municipality may not adopt any ordinance which purports to keep any vaccinated dog from running at large while engaged in any lawful hunting activity; from running at large while engaged in any lawful training activity; or from running at large while engaged in any lawful herding or other farm related activity: And provided further, That the provisions of this section shall not exempt any dog from any quarantine established by or any confinement order required by the commissioner relating to the establishment of a quarantine.
Acts 1955, c. 6; Acts 1987, c. 112; Acts 1995, c. 87, eff. 90 days after March 10, 1995.
§ 19-20B-6. Dogs or cats claimed by owner
Nothing in this article authorizes an agency to spay or neuter a dog or cat if the dog or cat is claimed by and returned to its lawful owner within five days of being taken into custody by the agency.
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dog trainer in Alderson area
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