Tomorrow, Thursday, December 12, 2024, the County Commission of Upshur County, West Virginia, will be taking public comment on a proposed ordinance seeking to address at-large and dangerous dogs in the county.
Residents are encouraged to contact the County Commission and participate in the hearings on December 12 and December 19, 2024, to express your comments and any concerns with the proposal (Scroll down for more information).
Summary:
The Upshur County proposal includes several new provisions, including:
- New definitions of “Public Nuisance” and “Vicious” Dogs – AKC agrees that the county should differentiate penalties and requirements based on a dog’s actions. However, we have requested clarifications so that actions such as a simple scratch or non-penetrative bite (like those that result from a puppy jumping or nipping) is not penalized. AKC is also recommending that owners of dogs deemed to be a public nuisance for chasing, biting, or other behaviors that are not severe be required to complete a basic training or obedience class to help correct actions before a serious incident occurs.
- Allowing for discretion in declaring vicious dogs – AKC greatly appreciates this provision that allows animal control to assess individual situations. Additionally, the proposal requires confirmation by two eyewitnesses if a dog is to be declared vicious because it approached someone “in an apparent attitude of attack” when not on the owner’s property.
- Requiring all at-large dogs to be sold or euthanized if not claimed in 5 days – AKC understands the concerns the county wishes to address and is recommending that all dogs be scanned for a microchip upon apprehension and entry at the shelter in order to help identify the owners as quickly as possible.
- Requiring payment of costs before an animal may be reclaimed – Owners of a dog claimed for running at-large must pay all costs, fines, and fees before the dog may be reclaimed, including any necessary veterinary fees and court costs. AKC is asking that this section be clarified to ensure that if the owner is ultimately found not guilty of dog-related offenses, or if charges are dropped, they can reclaim their pet even if the are unable to pay or miss a payment if there are ongoing hearings related to the charges.
- Clarification that declaration of vicious dogs may not be breed-specific – AKC supports this provision which ensures that a dog will be evaluated based on actions and not just on breed or appearance.
- Exemptions for at-large dogs – Any vaccinated dog engaged in lawful hunting, training, herding, or farm-related activities are exempt from the ordinance.
What You Can Do:
Attend the County Commission meetings on December 12 and December 19, 2024, and provide comments in person:
Commission Meeting Chambers
Upshur County Courthouse Annex, Room 301
38 West Main Street
Buckhannon, West Virginia 26201
All hearings will be held at 10:00 am
Contact the County Commission with your comments on the ordinance:
Samuel R. Nolte, President
(304) 844-7305
srnolte@upshurcounty.org
Douglas K. Bush
(304) 439-4027
dkbush@upshurcounty.org
Kristie G. Tenney
(304) 439-4698
kgtenney@upshurcounty.org
AKC Government Relations will continue to monitor and provide updates as they are available. For more information, contact AKC GR at doglaw@akc.org.