(a) Notwithstanding any provision of this code to the contrary, any county commission may adopt ordinances, rules and regulations providing for the custody and care of animals that have been abandoned, neglected or cruelly treated for the protection of any such animal and to prevent it from becoming a public nuisance or risk to public health or safety or the environment.
(b) Any such ordinance, rule or regulation may require each owner to provide for each of his or her animals:
(1) Adequate food which provides sufficient quantity and nutritive value to maintain each animal in good health;
(2) Adequate water which provides easy access to clean, fresh, potable water of a drinkable temperature in sufficient volume and suitable intervals to maintain normal hydration for each animal;
(3) Adequate shelter to protect the animal from the elements and other animals;
(4) Adequate space in the primary enclosure for the particular animal depending upon its age, size, species and weight which is regularly cleaned to prevent an unsanitary accumulation of urine and feces;
(5) Adequate exercise to assure that the animal maintains normal muscle tone and mass for the age, species, size and condition of the animal; and
(6) Veterinary care when needed or to prevent suffering or disease transmission.
(c) Any such ordinance, rule or regulation may limit the number of animals owned, kept or maintained by an individual, group or organization, whether public or private based on the person's ability to provide for the animals as set forth in subsection (b) of this section.
(d) Any such ordinance, rule or regulation shall provide appropriate penalties for violations and shall authorize humane officers to take possession of any animal that is not properly cared for as required by such ordinance, rule or regulation.
Structure West Virginia Code
Chapter 7. County Commissions and Officers
Article 1. County Commissions Generally
§7-1-1. County Commissions Corporations; How Constituted; Election of President
§7-1-1b. Legislative Findings; Qualifications for County Commissioners
§7-1-3. Jurisdiction, Powers and Duties
§7-1-3bb. Levy For, Establishment and Operation of Sheltered Workshops; Financial Aid
§7-1-3d. Levy For, Establishment, and Operation of Fire Prevention Units; Financial Aid
§7-1-3e. Acquisition of Land For, and Operation Of, Public Refuse Dumps and Sanitary Landfills
§7-1-3ee. Providing for Payment of Service Fees at Banking Institutions
§7-1-3f. Establishment and Operation of Garbage and Refuse Collection and Disposal Services
§7-1-3g. Acquisition, Operation, and Maintenance of Sewerage Systems and Sewage Plants
§7-1-3gg. Lease Agreements for Equipment or Materials With Option to Cancel or Renew
§7-1-3i. County Commission May Cooperate With Other Governmental Units
§7-1-3k. Authority to Lease, Rent or Permit the Use of County Property
§7-1-3kk. Authority to Provide for the Elimination of Hazards to Public Health and Safety; Penalty
§7-1-3m. Authority to Employ, Fix Compensation for and Discharge Personnel
§7-1-3mm. Transfer of Development Rights in Growth Counties
§7-1-3n. Authority of Certain Counties as to Building and Housing Codes; State Building Code
§7-1-3oo. Authority to Enter Into Energy-Savings Contracts
§7-1-3p. Authority to Require Permits for Mobile Homes or House Trailers; Penalty
§7-1-3pp. Additional Powers and Duties of Commission; Areas of Special or Unique Interest
§7-1-3rr. Accessible County Records; Required Information
§7-1-3s. Authority to Govern Traffic and Parking; Rules and Regulations; Penalties
§7-1-3tt. Restriction on the Regulation of Trades, Occupations, and Professions
§7-1-3u. Authority of Counties and Municipalities to Treat Streams to Prevent Floods
§7-1-3x. County Information Referral Service
§7-1-3y. Authority to Grant Funds to Nutrition Programs
§7-1-3z. Authority of Counties to Govern Business of Massage
§7-1-5. Duties of County Commissioners; Payment for Services Other Than Services in Court
§7-1-5a. Excusal of Commissioner From Voting Where Conflict of Interest Involved
§7-1-6. Power to Punish for Contempts
§7-1-8. Continuance of Matters at End of Session
§7-1-9. Creation of Special Funds
§7-1-10. Special Account for Federal and State Grants-in-Aid Authorized
§7-1-11. Purchasing in Open Market or Competitive Bids; Debarment
§7-1-12. Authority for Establishing County Curfews; Jurisdiction for Violations
§7-1-13. Regulation of Amateur Radio Antennas
§7-1-15. Challenge of Candidate for County Commission; Residency