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Proposed pet ordinance Bluefield, WV

Katrina May 21, 2004 05:38 PM

Basically, you can't own anything other than a dog or cat without a permit. See Section 3-7, Permit to KEEP ANIMALS and FOWL

Katrina

http://www.cityofbluefield.com/index.asp?ID=82
Proposed Pet Ordinance

Section 3-40 SPAYING AND NEUTERING
It is the purpose of these sections to promote the health,
safety and general welfare of the residents of the city by reducing the number of stray dogs and cats. The council finds that each year hundreds of dogs and cats are euthanized because they are not wanted. It is the purpose of this section to eliminate the excessive number of unwanted animals and thereby stop the needless killing of these animals by restricting the breeding practices of pet owners and breeders through legislation that is both reasonable and enforceable.

It shall be unlawful to own, possess or keep in the City
any dog or cat over the age of six (6) months that has not been
spayed or neutered except as provided herein.

(a) Owners must alter their dogs and cats unless:

1. The pet is less than 6-months old; or

2. The owner has obtained an unaltered-animal permit from
the City Clerk to keep the pet intact with the cost of such permit to be $75.00 for the life of the animal; or

3. A licensed veterinarian states in writing that the
animal is medically unfit to undergo the procedure; or

4. The animal is kept in the City for fewer than 30 days
in. a one (1) year period.

(b) To qualify for an unaltered-animal permit, the owner must:

1. Satisfy the City Clerk that the permit is sought for a
proper purpose or purchase a breeding permit.

2. Have the pet examined regularly by a licensed
veterinarian; and

3. Have the pet vaccinated annually; and

4. Have the pet housed properly; and

5. Have had no more than one (1) violation of the animal
code in the preceding 24 months.

Section 3-41

Any person cited with violation of this article shall have
his or her citation dismissed if there is proof of compliance with the terms of this article within thirty (30) days of the date of the issuance if a summons for violation of this article.

Section 3-42

The Humane Officer servicing the City of Bluefield shall
issue a citation for any violation of this article.

Section 3-43

Any person convicted of violating this article shall be
fined $125.00 for each violation.

Section 3-44 BREEDING PERMIT

(a) No person shall cause or allow any dog or cat owned,
harbored or kept within the City of Bluefield to breed without first obtaining a breeding permit, as described below. The term "breeding permit" means a written authorization, issued annually by the City Clerk, giving its lawful holder permission to breed a dog or a cat.

(b) Each breeding permit shall be valid for one year from
the date of issuance, and may be renewed annually before its
expiration date. Each applicant for such a permit shall pay an
annual fee of seventy-five dollars ($75.00) per dog or cat. A
separate permit must be obtained for each owned dog or cat which is allowed to breed.

(c) The Bluefield Humane Officer shall enforce the animal
breeding permit program to allow the breeding of dogs and cats that are not sterilized consistent with criteria herein. Under no
circumstances shall such a permit be issued to a person who has been convicted of animal cruelty or neglect. All breeding permits shall contain the following terms and conditions:

1. The owner of a female dog or cat that is not sterilized
shall not allow the breeding of more than one litter per animal in any household within the permit year. Notwithstanding this
provision, the City Clerk is hereby authorized, upon application of a permittee, to allow on a one time basis the breeding of up to two
(2) dog or cat litters per breeding animal within any domestic
household within a permit year. In the event that a permittee is
forced to euthanize a litter of dogs or cats for medical reasons,
the City Clerk may authorize the breeding of one additional litter of dogs or cats within the same permit year by the permittee without penalty;

2. No offspring may be sold, adopted, bartered or
otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least seven (7) weeks;

3. No offspring maybe sold, adopted, bartered or otherwise
transferred until immunized against common diseases. The sale,
adoption, bartering or transfer of a dog or cat shall include a
statement signed by the seller or adopter attesting to the
signatory's knowledge of the animal's health, and the animal's
immunization history;

4. Any holder of a breeding permit who advertises to the
public the availability of any dog or cat for sale, adoption or
transfer, whether for compensation or otherwise, must prominently
display the permit number in any such advertisement. Further, the
breeding permit holder must provide the permit number to any person who purchases, adopts or receives any animal from the permit holder and include the permit number on any receipt of sale or transfer
document;

5. Commercial establishments that sell dogs or cats bred
within the City of Bluefield shall prominently display the breeding permit number(s) of the breeder(s) whose dogs and cats are sold in said establishments and any other pertinent information required by the City Clerk. Commercial establishments that sell dogs and cats which were not bred within the City of Bluefield shall prominently display the name and address of the breeder(s) of such dogs and cats and any other pertinent information required by the City Clerk.

6. Any breeding permit holder selling or otherwise
transferring a dog or a cat, whether for compensation or otherwise, shall submit to the City Clerk the name, address and telephone number of the animal's new owner within five (5) days from the sale or other transfer, on a City approved form.

Section 3-45

(a) The penalty for conviction of violation of Section 3-
44 shall be a fine of one hundred fifty dollar ($150.00) for each
violation. This penalty shall not be waived by the transfer or
abandonment of the animal by the noncompliant owner.

(b) The City Clerk may revoke any permit issued pursuant
to this section upon a finding that the permit holder has violated its terms and conditions. Such a finding shall be made only after giving the owner of the animal in question notice of the violations and an opportunity to explain such violations to the City Clerk.

Section 3-7. Permit to KEEP ANIMALS and FOWL

a. No chickens, turkeys, ducks, geese, live poultry or
fowl of any kind, horses, ponies, cows, calves, rabbits, guinea pigs or live animals of any kind except dogs and cats shall be kept in the city without the owner thereof having received a permit to keep the same from the City Clerk and approved by the city manager. No charge will be made for such permit, but such permit will only be granted upon agreement that the stable, barn, coop or other place where such animals, poultry or fowl are to be kept shall be constructed in such a manner that it can be kept and maintained in a dry, clean and sanitary condition, free from offensive odors. Applications for such permit shall be accompanied by a certificate of consent signed by a majority of the householders residing within a radius of five hundred (500 feet from the place where such stable, barn, coop, etc., is proposed to be located; provided, however, no barn, stable, coop or other place where animals, fowl or poultry are kept shall be built and maintained or used within fifty (50) feet of any house inhabited by human beings and unless built and maintained in a clean, dry and sanitary condition and free from offensive odors, and provided further, that none of the above enumerated poultry, fowl or animals shall be allowed to run at large, but shall be housed in a suitable enclosure. Such enclosure shall be kept thoroughly clean and unobjectionable at all times.
Upon the failure of any owner or occupant of any premises to comply with any of the provisions of this section, such barn, stable, coop, etc., shall be deemed a nuisance, and as such shall be removed or abated as provided by law.

b. No household shall keep within the City of Bluefield
more than three adult dogs or three adult cats without the owner
thereof having received a permit to keep the same from the City
Clerk and approved by the City Manager. No charge will be made for such a permit but such permit will only be granted upon a finding by the City Manager that keeping such numbers of animals will first be conducted in a manner meeting Mercer County Humane Society's standards of cleanliness, sanitation, freedom from offensive odors, and overcrowding. Applications for such permit shall be accompanied by a certificate of consent signed by a majority of the householders who are the immediate contiguous neighbors, neighbors directly across the street or across a rear boundary line or alley from the applicant. Such permits are conditional upon maintaining good conditions of cleanliness, etc., and upon continued consent of neighbors, and may be revoked for cause at any time. Any person having more than the permitted numbers of dogs and cats without a permit, or any person who continues to keep such numbers of dogs and
cats after revocation of a permit shall be guilty of a misdemeanor, and fined $10.00 for every day that such condition continues to exist after citation or after revocation of such a permit. For the purposes of this section "person" shall mean a company, individual or family unit (whether composed of relatives or not) that shares a single living unit such as a house, apartment, etc.

Section 3-50 FORFEITURE of ANIMAL

In the event any person is convicted of three violations of
these ordinances with regard to keeping and maintaining animals,
then such persons shall forfeit the right to keep and maintain any animal within the corporate limits of the City of Bluefield. The Humane Officer for the City of Bluefield shall then be entitled to pick up and remove from the possession of any such person, any animal owned by them at any future date.

Replies (4)

BGF May 22, 2004 03:22 AM

For the stupidest proposed legislation. SO, if you want to keep a goldfish, all the houses surrounding yours have to agree? It would seem that this ordinance would invade the privacy of the pet owners, not a trivial issue when you consider how expensive some of the animals can be. This information would not only be known to the neighbours but any one and everyone since county registrars are considered pubic information sources.

Cheers
Bryan
-----
Dr. Bryan Grieg Fry
Deputy Director
Australian Venom Research Unit
University of Melbourne

www.venomdoc.com

chris_mcmartin May 22, 2004 12:51 PM

>>For the stupidest proposed legislation. SO, if you want to keep a goldfish, all the houses surrounding yours have to agree?

You have to make sure its enclosure is clean and DRY as specified in the ordinance!
-----
Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

Prosecutor May 23, 2004 02:24 AM

Unfortunately, the State may have some leeway to enact this ordinance because a court would not likely find that there is a "fundamental right" to own a particular animal. Laws of this nature that don't interfere with a fundamental right typically are upheld if the legislature had some "rational basis" to enact the law. Even if the stated reason is merely pretextual. For example, health concerns or concerns for animal welfare. None of which actually come into play if some kid wants to keep a guinea pig in his bedroom, but the State has an interest in maintaining the public health and welfare...blah blah blah.

This is not to say that there are not ways to attack laws like this. Certainly, there are issues of privacy, property rights, etc... Also, there are numerous ways to attack the procedures employed in enacting the statute and its language, all of which are too complicated to get into on here.

My suggestion for the residents of Bluefield, is to buy whatever animal you want, shave some sort of political message into its fur, or arrange the animals artistically. Then you may claim some protection under the 1st Amendment...We don't want the good old boys in Bluefield interfering with anyones right to free speech.

(NOTE: Not an entirely serious argument; however, I might just be crazy enough to try this myself. If nothing else, it would put a spotlight on this retarded law and subject the Bluefield law makers to even more ridicule than they are probably accustomed)
-----
Information contained in this post is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between the writer and the reader or user of this information.

coloradosnakie Sep 29, 2004 12:11 AM

In Aurora Colorado I am beginning to fight similar ridiculous laws. It is even illegal here to own poison dart frogs because their name is "poison." Snakes and lizards over 12 INCHES long are illegal within city limits because an 11 foot Burmese Python killed a man who hung it around his neck.

Just a thought but people have a right to own pets. Pets become part of the family. I am an animal lover who has turned to reptiles because my severe allergies and lifethreatening asthma are making me give up the idea of furry pets. At this point I have to take pills to pet my dog. What about the rights of people to choose a pet that complements their lifestyle rather than threatens it. A furry little hampster or bunny can (and has) put me in the hospital, but my illegal 14 inch rough green snake is staying with my best friend in Denver because I am trying to fight this and she could get me a fine of $150.

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