What are the dog laws in West Virginia? Does West Virginia have dog laws? If you live in this state, you might be wondering what the law says about issues like rabies vaccination, dog bites, dog cruelty, and dog chains.
Read on for more information about dog laws in West Virginia.
What Dog Vaccines Are Required by Law in West Virginia?
All dogs residing in West Virginia must receive a rabies vaccination by six months of age. After their first vaccination, owners must vaccinate dogs either annually or triannually depending on the vaccination they receive. Even friendly dogs may bite on occasion under stressful circumstances, so it’s best to practice safety first and always keep your dog up to date on their recommended vaccines.
Any licensed veterinarian or their assistant may vaccinate a dog or cat. If there is no licensed veterinarian practicing in the county, the county health department may appoint a qualified person to administer vaccinations.
If an unvaccinated dog bites someone in West Virginia, the state will consider them a potential rabies carrier. They may stay in quarantine and/or face euthanasia.
What Are the Dog Bite Laws in West Virginia?
West Virginia is a strict liability state when it comes to dog bites. What this means is that, even for dogs who have no prior dangerous behavior, owners are wholly liable when it comes to their dog’s actions. The only real exceptions to these cases are usually abnormal circumstances, like a dog biting a trespasser.
There are cases where the state won’t consider dogs aggressors in attacks, even if they previously considered them dangerous. Dog owners are not responsible for attacks in which someone provokes the dog, or the dog is protecting the owner. This could include yelling at, hitting, or throwing objects at the dog. Additionally, if you trespass on private property and an otherwise contained dog attacks you, the dog’s owner would not be liable.
Additionally, in some cases, there may be a ‘common sense’ prohibition on finding a dog owner liable. For example, most people know to leave an eating dog or a mother with puppies alone. Bothering an animal when you could predict aggressive behavior will not always result in liability for the owner.
A dangerous dog, particularly a repeat offender, may be euthanized. This will be the case if the state determines it to be in the best interest of the safety of the community. After one documented bite, the state of West Virginia considers a dog vicious. This means that subsequent bites may lead to euthanasia. Additionally, a severe enough attack could lead the court to determine euthanasia is the best course of action even for a first offender.
What Are West Virginia Dog Abandonment Laws?
What is considered animal abandonment in West Virginia?
West Virginia has little definition for animal abandonment in their laws. The state of West Virginia mainly focuses animal abandonment laws around abandoning an animal at a place of business, such as a veterinarian. In these cases, if an owner doesn’t pick up their animal within seven days of the agreed-upon pickup date, the state considered the animal abandoned.
What is the punishment for animal abandonment in West Virginia?
It’s unclear if there is any legal punishment for animal abandonment in West Virginia. If someone places the abandoned animal in danger or leaves them without necessities for life, this could constitute an animal cruelty charge.
Who pays for an abandoned dog’s vet care in West Virginia?
West Virginia law determines that when an owner abandons an animal, they relinquish all rights to them. However, the old owner may still be responsible for costs of care in cases such as abandonment at a boarding kennel.
What Are West Virginia Dog Cruelty Laws?
What is considered dog cruelty in West Virginia?
West Virginia has a wide range of defined actions that are viewed as animal cruelty. Of course, it is illegal to hit, kick, beat, or otherwise inflict physical pain or suffering on a dog unless in the case of self-defense or an otherwise justifiable action. The state also considers it animal cruelty to deprive a dog of things that one could reasonably assume they need – food, water, shelter, exercise, vet care.
What is the punishment for dog cruelty in West Virginia?
Animal cruelty in West Virginia is most commonly associated with a misdemeanor charge. However, West Virginia considers it aggravated cruelty to kill or seriously injure a pet on purpose and in a sadistic manner, or with the intention of causing extreme pain. Aggravated animal cruelty is a felony charge, not a misdemeanor.
What is the punishment for dogfighting in West Virginia?
As in the other 49 states, dogfighting is a felony in West Virginia. This doesn’t apply only to those directly fighting their animals. Charges can also occur for those betting on or attending dogfights in West Virginia. It’s also illegal to train dogs for the intent of fighting, even if you aren’t directly participating in dogfights.
What Are West Virginia Dog Chain Laws?
Tethering or chaining a dog is legal in West Virginia. There’s very little in West Virginia’s laws specifying how to humanely do this – however, the law notes that “It is unlawful for any person to intentionally, knowingly or recklessly cruelly chain or tether an animal’. Those found to be violating this law are guilty of a misdemeanor. As a general rule of thumb, never tether a dog to anything that could choke or injure them. And, provide tethered dogs with food, water, and shelter.
How Does West Virginia Dog Law Rank Against Other States?
The Animal Legal Defense Fund ranks West Virginia #20 out of all 50 US States for animal protection laws. This makes West Virginia a ‘middle-tier’ state by their standards. Why does WV rank this way? There’s plenty of good and some bad about this state’s animal protection laws.
On the plus side, veterinarians must report suspected animal cruelty, and have immunity for doing so. Additionally, West Virginia has mandatory post-conviction forfeiture and possession bans. But on the downside, there is no prohibition on sexual assault of an animal. And, general standards for minimum acceptable care for animals (e.g. necessary food, water, shelter) are not well-defined. Additionally, there are no felony provisions for negligent or reckless animal neglect or abandonment.
