Under W.Va. Code § 19-20-20, a person cannot own, keep or harbor vicious or dangerous dogs, or dogs in the habit of biting or attacking persons. Upon satisfactory proof, a magistrate court or circuit court judge may order the humane officer to kill such dog. Generally, this is done by humane euthanasia practices such as lethal injection.

Yes, but only in limited circumstances where the dog is harming or worrying livestock. West Virginia Code § 19-20-14 states that an owner of a dog may be required to destroy the dog if the dog has killed or assisted in killing, wounding or worrying sheep, lambs, goats, kids, calves, cattle, swing, show or breeding rabbits, horses, colts or poultry. West Virginia Code § 19-20-16 permits any person to kill a dog if they see the dog chasing, worrying, wounding or killing sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry UNLESS the dog is acting under the direction of the owner of the sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry.

The West Virginia statutes only refer to dangerous dogs. However, law enforcement officers, humane officers and state veterinarians do have authority to immediately confiscate or euthanize any dangerous wild animal (defined in the Act as an animal kept as an exotic pet or for exhibition purposes), if the animal poses an immediate risk to public health or safety. (Dangerous Wild Animal Act, W.Va. Code § 19-34-7). Animals covered by the Dangerous Wild Animal Act include hyenas, gray wolves (not hybrids), lions, tigers, jaguars, leopards, cheetahs (and hybrids), lynxes (and hybrids), cougars (and hybrids), caracals (and hybrids), bears, elephants, rhinos, hippos, cape buffalo, African wild dogs, komodo dragons, and non-human primates (excluding certain species). Legislative Rule, 61-30-3.

Most county and/or city ordinances also have “running at large” ordinances that permit law enforcement, animal control, and/or humane officers to seize and impound stray animals running loose within the county and/or city limits. Please check local ordinances for more information.

There is no prohibition against animals running at large outlined in the West Virginia Code; however, humane officers, county dog wardens, and law enforcement officers may seize any dog over 6 months of age that is not wearing a registration tag. W.Va. Code § 19-20-6.

In addition, humane officers have the power to seize animals, including birds or wildlife in captivity, if they believe the animal to be abandoned, neglected, deprived of necessary sustenance, shelter, medical care of reasonable protection from fatal freezing or heat exhaustion or cruelly treated. (W.Va. Code § 7-10-4).

All dogs and cats are required to be vaccinated for rabies. If a dog, cat or domesticated animal bites a person, the animal must be confined and quarantined for ten days for rabies observation. If an animal is bit by a rabid animal, the animal that is bitten must be quarantined for six months. If the owner fails to quarantine an animal, the humane officer may quarantine the animal with a veterinarian and the owner will be liable for the costs. (W.Va. Code § 19-20-9a).

The Department of Agriculture has various means to contain livestock animals that they believe are a threat to public health and safety. If you believe a livestock animal has a communicable disease, please contact the local Department of Agriculture office.

The Department of Natural Resources has regulations in place to deal with wildlife suffering from communicable diseases. Please contact the local Department of Natural Resources office for more information.

There are no immunities granted to West Virginia veterinarians offering emergency assistance in disaster situations. All West Virginia veterinarians must follow the normal statutes and regulations governing their profession and will be liable for any treatment rendered after an emergency, even if that treatment is free of charge.

The West Virginia Board of Veterinary Medicine has a policy in place that allows a veterinarian with an active, non-disciplined license in another state to request an “emergency veterinary responder” 30-day temporary license to work in West Virginia in the event of disaster or emergency. The application for such license is available at the West Virginia Board of Veterinary Medicine website here.

The application must be submitted and approved prior to the veterinarian or registered veterinary technician performing any veterinary services in the State of West Virginia.

We could find no express limitations set out in laws or cases. Volunteers will continue to research this topic.

The AVMA has a detailed Disaster Preparedness and Response Guide at http://www.avma.org/disaster. It includes a document about the Veterinary Medical Assistance Teams (VMATs), which may be deployed to areas stricken by a natural disaster. Once VMATs respond to a disaster, their people become employees of FEMA. The AVMA is a member of the National Animal Rescue and Shelter Coalition (NARSC) which has been deployed in some area; however, we are uncertain at this time if VMATs have been deployed as a part of that relief effort.

West Virginia is also a part of the Emergency Management Assistance Act, W.Va. Code § 15-5-22, which may provide some immunity for out-of-state veterinarians that are called in to an emergency situation under the Act. Researchers are still working to determine how this Act applies to the veterinary medicine field.

The West Virginia Board of Veterinary Medicine has confirmed that there are no special immunities for veterinarians offering emergency or free services in disaster situations. Veterinarians may be sued for services provided in disaster situations just as they may be sued for services provided in their regular course of business.

Once an animal is “rescued” and taken to an animal shelter, the statutes require that the animal be housed, kept and fed in the animal shelter for five days. (W.Va. Code § 19-20-8). Generally, shelters ensure that medical treatment necessary to save life and end suffering is provided. Shelters are not permitted to spay and neuter animals during the statutory hold period. (W.Va. Code § 19-20B-6).

Once a dog is seized or impounded, it must be kept for five days. (W.Va. Code § 19-20-6). The time starts when the animal is seized or impounded and continues for five days. It is important to note that the statutory holding period only references dogs. It is a general consensus in the State of West Virginia that there is no statutory holding period for cats.

If an animal is not claimed or returned to owner within five days, the animal becomes the property of the humane officer or municipality (or the local animal shelter depending on the agreement with the municipality). The animal may be euthanized at any time after the statutory hold period ends. The shelter may proceed to have any medical treatments performed, including spay or neuter procedures. If an animal is adopted from an animal shelter, it is required to be spayed or neutered prior to adoption (unless other requirements are met). (W.Va. Code § 19-20B-2).

The West Virginia Code does not provide a different holding period for stray animals after a declared emergency. Volunteers will continue to research this topic.

West Virginia law is unclear if an animal can be euthanized during the statutory hold period. Many animal shelters will euthanize an animal during the statutory hold period ONLY upon the recommendation of a licensed veterinarian if nothing can be done to save the animal and euthanasia is recommended to end its suffering.

If an animal is impounded or seized as part of a cruelty or neglect case and is in the possession of a humane officer or animal shelter, it may be euthanized if a veterinarian determines that the animal should be humanely destroyed to end its suffering. The humane officer and veterinarian are not civilly or criminally liable for this action. The euthanization can be carried out by injection, gas chamber, or shooting (in limited circumstances). (W.Va. Code § 7-10-4(c)).

The West Virginia Code provides statutory rules to be followed by municipal officers and agencies. The Code provisions do not apply to private persons. However, that does not mean that private citizens can rehome or sell animals that they find running loose.

It is strongly suggested that if a person finds a stray animal, they contact the local animal shelter or animal control immediately. Many of these organizations are networking with other groups to reunite families with their animals.

If a person decides to hold on to the animal without turning it over to such an organization, the person or finder cannot keep or give away the animal until they do various actions.

1. The finder must post notices at three public places in the area where the animal was found giving the animal’s description and where it was found.
2. If the owner does not claim the animal two weeks after posting such notices, the finder must publish a Class II legal advertisement for three weeks.
3. If the owner does not claim the animal after three weeks of publication, the finder must contact the sheriff for an appraisement of the animal to be filed with the county clerk’s office. The county clerk must post the appraisement at the county courthouse within one week of receipt.
4. If the owner does not claim the animal within 30 days of the county clerk’s posting and the value of the animal is $15 or less, the finder may keep the animal; however, if the owner is later found, he can collect the value of the animal less any publishing fees, sheriff fees, county clerk fees, or costs of housing the animal while the owner was trying to be located.
5. If the stray should die or be lost without any fault on the finder, the finder is not liable for the animal or its value.
6. If a finder fails to provide notices or tries to hide the animal with the intent to hinder or delay the owner from reclaiming it, the finder may be guilty of a misdemeanor and be fined $10-$500 and be liable to the owner for double the value of the animal. (W.Va. Code § 34-1-1, et seq.)

*This particular code section has not been amended since 1967 and it is quite antiquated. It is unclear if this statute pertains to all animals or just livestock. However, this is the only guidance provided in the West Virginia State Code on this matter. Volunteers are continuing to research this issue.

Most shelters will permit proof of ownership by submitting veterinary records, photographic evidence, or other documentation. Following a natural disaster, some of this evidence may be hard for an owner to obtain. Please contact local animal shelters for more information.

No. Entering someone’s property without their permission is illegal. If you see an animal in distress or in need of rescue that is located on someone else’s property, it is best to contact local law enforcement or animal control. These agencies have jurisdiction to remove animals from personal property in certain circumstances.

Some local animal shelters are equipped to take stray livestock including pigs, goats, cattle, and horses. Please contact your local animal shelter or animal control officer to find out if they can be of assistance or if they have your lost livestock.

If you find livestock and do not turn it over to a law enforcement agency or local humane society/animal shelter, then it appears that the guidelines outlined in the response to question above would govern; however, volunteers are still researching this issue.