West Virginia

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WV - Humane Slaughter - Article 2E. Humane Slaughter of Livestock.

Summary: The West Virginia humane slaughter provisions apply to livestock, defined as cattle, swine, sheep or goats.  Humane methods of slaughtering livestock include those where the animal is rendered insensible to pain by a single blow, gunshot or by electrical, chemical or other means, or by slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter by the simultaneous and instantaneous severance of the carotid arteries.  The section provides a graduating scheme of penalties for violation; a first offense results in a misdemeanor punishable by a fine of $100 - $500; a second offense results in a misdemeanor with a fine of $500 - 1,000 and  suspension of the license to do business as a slaughtering establishment until the facility is in compliance.

The West Virginia humane slaughter provisions apply to livestock, defined as cattle, swine, sheep or goats.  Humane methods of slaughtering livestock include those where the animal is rendered insensible to pain by a single blow, gunshot or by electrical, chemical or other means, or by slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter by the simultaneous and instantaneous severance of the carotid arteries.  The section provides a graduating scheme of penalties for violation; a first offense results in a misdemeanor punishable by a fine of $100 - $500; a second offense results in a misdemeanor with a fine of $500 - 1,000 and  suspension of the license to do business as a slaughtering establishment until the facility is in compliance.

WV - Horse Slaughter - Article 2B. Inspection of Meat and Poultry.

Summary: The stated purpose of this article is to provide for the inspection, labeling and disposition of animals, poultry, carcasses, meat products and poultry products which are to be sold or offered for sale through commercial outlets for human consumption, the licensing of commercial slaughterers, custom slaughterers and processors, and the inspection of slaughterhouses and processing plants located in the state of West Virginia. With regard to horse slaughter, the article makes it unlawful to add kangaroo meat, horse meat, mule meat or other equine meat to any animal meat, meat product or poultry product to be sold or offered for sale through commercial outlets or distributors for human consumption.

The stated purpose of this article is to provide for the inspection, labeling and disposition of animals, poultry, carcasses, meat products and poultry products which are to be sold or offered for sale through commercial outlets for human consumption, the licensing of commercial slaughterers, custom slaughterers and processors, and the inspection of slaughterhouses and processing plants located in the state of West Virginia. With regard to horse slaughter, the article makes it unlawful to add kangaroo meat, horse meat, mule meat or other equine meat to any animal meat, meat product or poultry product to be sold or offered for sale through commercial outlets or distributors for human consumption.

WV - Ordinances - § 19-20A-8. Vaccinated dogs and cats may run at large; confinement may be required

Summary: This West Virginia statute provides that dogs or cats vaccinated in compliance with the provisions of this article may run at large in any area or locality unless a county commission or a municipality has adopted and enforced ordinances to prevent dogs from running at large. The state commissioner of agriculture may also enforce an at large ban when a rabies quarantine is in effect. However, 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.

This West Virginia statute provides that dogs or cats vaccinated in compliance with the provisions of this article may run at large in any area or locality unless a county commission or a municipality has adopted and enforced ordinances to prevent dogs from running at large. The state commissioner of agriculture may also enforce an at large ban when a rabies quarantine is in effect. However, 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.

WV - Dangerous - § 19-20-21. License fee for keeping vicious or dangerous dog.

Summary: These West Virginia statutes provide that any person who owns or harbors any dog, cat or other domesticated animal, whether licensed or unlicensed, which bites any person, shall confine and quarantine the animal for a period of ten days for rabies observation. The state apparently has a prohibition against owning a dangerous dog, such that no person shall own, keep or harbor any dog known by him to be vicious, dangerous, or in the habit of biting or attacking other persons, whether or not such dog wears a tag or muzzle.  However, another section provides that any person who keeps a dog which is generally considered to be vicious, for the purpose of protection, shall acquire a special license therefor from the county assessor and then keep the dog restrained/enclosed.

These West Virginia statutes provide that any person who owns or harbors any dog, cat or other domesticated animal, whether licensed or unlicensed, which bites any person, shall confine and quarantine the animal for a period of ten days for rabies observation. The state apparently has a prohibition against owning a dangerous dog, such that no person shall own, keep or harbor any dog known by him to be vicious, dangerous, or in the habit of biting or attacking other persons, whether or not such dog wears a tag or muzzle.  However, another section provides that any person who keeps a dog which is generally considered to be vicious, for the purpose of protection, shall acquire a special license therefor from the county assessor and then keep the dog restrained/enclosed.

WV - Impound - § 19-20-8. Impounding and disposition of dogs; costs and fees

Summary: This West Virginia statute provides that dogs seized and impounded as provided in this article shall be kept housed and fed in the county dog pound for five days after notice of seizure and impounding has been given or posted.  Upon expiration this time period, all dogs which have not previously been redeemed by their owners shall be sold or humanely destroyed (this statute outlines what constitutes "humanely destroyed").  The owner may, at any time prior to the expiration of five days retrieve his or her dog by paying the requisite fees and satisfying any other provisions.

This West Virginia statute provides that dogs seized and impounded as provided in this article shall be kept housed and fed in the county dog pound for five days after notice of seizure and impounding has been given or posted.  Upon expiration this time period, all dogs which have not previously been redeemed by their owners shall be sold or humanely destroyed (this statute outlines what constitutes "humanely destroyed").  The owner may, at any time prior to the expiration of five days retrieve his or her dog by paying the requisite fees and satisfying any other provisions.

WV - Eagle - § 20-2-5c. Protection of bald eagles and golden eagles; unlawful acts;

Summary: This statute makes it a misdemeanor to possess or barter in golden or bald eagles,  and any subsequent convictions under this chapter result in felony prosecution.  In addition to fines and imprisonment, violators face revocation of hunting license privileges for up to ten years.

This statute makes it a misdemeanor to possess or barter in golden or bald eagles,  and any subsequent convictions under this chapter result in felony prosecution.  In addition to fines and imprisonment, violators face revocation of hunting license privileges for up to ten years.

WV - Hunting - § 20-2-5a. Forfeiture by person causing injury, death or destruction

Summary: Under this statute, defendants must pay an additional monetary penalty in the form of a "replacement cost" for the unlawful killing of certain listed species ($5,000 for each bald or golden eagle killed).  If two defendants were implicated in the killing, each must pay the full penalty.  For discussion of federal Eagle Act, see Detailed Discussion .

Under this statute, defendants must pay an additional monetary penalty in the form of a "replacement cost" for the unlawful killing of certain listed species ($5,000 for each bald or golden eagle killed).  If two defendants were implicated in the killing, each must pay the full penalty.  For discussion of federal Eagle Act, see Detailed Discussion .

WV - Charleston - Chapter 10: Animals (Article IV. Urban Deer Management)

Summary: This Charleston, West Virginia ordinance allows a person to hunt deer within city limits, but only upon certain conditions. For instance, a person must obtain a permit from the city, must hunt only with a bow and arrow, and must hunt only on certain tracts of land—amongst other things—in order to be compliant with these provisions. A violation of this ordinance is a misdemeanor and may result in fines ranging from $10 to $500, imprisonment for up to 30 days, or both. Additionally, a violation may suspend or revoke a person's hunting permit.

This Charleston, West Virginia ordinance allows a person to hunt deer within city limits, but only upon certain conditions. For instance, a person must obtain a permit from the city, must hunt only with a bow and arrow, and must hunt only on certain tracts of land—amongst other things—in order to be compliant with these provisions. A violation of this ordinance is a misdemeanor and may result in fines ranging from $10 to $500, imprisonment for up to 30 days, or both. Additionally, a violation may suspend or revoke a person's hunting permit.

Carbasho v. Musulin

Summary: Owner's dog was killed by a negligently driven car.  The owner sued to recover damages for loss of companionship.  The court held that dogs are personal property and damages for sentimental value, mental suffering, and emotional distress are not recoverable.

Owner's dog was killed by a negligently driven car.  The owner sued to recover damages for loss of companionship.  The court held that dogs are personal property and damages for sentimental value, mental suffering, and emotional distress are not recoverable.

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