MERCER COUNTY
CANINE CONTROL ORDINANCE
(amended May 6, 2025)

IN THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA

In Re: An Ordinance to establish a Canine Control Ordinance for dogs for the unincorporated areas of Mercer County; to prohibit owners from allowing their dogs to be at large; to authorize and specify action by Animal Control/Dog Warden and other law enforcement officers with regard to dogs at large; to provide for the issuance of citations, the assessment of fines and the disposition of dogs for violations thereof.

ORDER

WHEREAS, a County Commission has authority under section six, article twenty, chapter nineteen (19-20-6) and of the West Virginia Code, as amended, to promulgate and enforce such ordinances, rules and regulations, consistent with the provisions of article twenty, as it is considered necessary or convenient for the control and management of all dogs in the County; and

WHEREAS, the County Commission of Mercer County has received numerous complaints from residents of Mercer County that dogs are running loose, destroying their property, and/or inflicting personal injury; and

WHEREAS, Animal Control Officers, Dog Wardens, and other law enforcement officials are currently without authority to seize and impound dogs running loose if such dogs are properly licensed, or to issue citations to the owners thereof.

NOW, THEREFORE, IT IS HEREBY ORDERED AND ORDAINED BY THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA, THAT THE FOLLOWING ORDINANCE ESTABLISHING A CANINE CONTROL ORDINANCE FOR DOGS FOR THE UNINCORPORATED AREAS OF MERCER COUNTY, IN ACCORDANCE WITH SECTION SIX, ARTICLE TWENTY, CHAPTER NINETEEN, OF THE WEST VIRGINIA CODE, PROHIBITING OWNERS FROM ALLOWING THEIR DOGS TO BE AT LARGE, AUTHORIZING AND SPECIFYING ACTION BY LAW ENFORCEMENT OFFICERS

WITH REGARD TO DOGS AT LARGE AND ALLOWING FOR THE ISSUANCE OF CITATIONS, THE ASSESSMENT OF FINES AND THE DISPOSTION OF DOGS FOR VIOLATIONS THEREOF, IS HEREBY ADOPTED.

DEFINITIONS

For the purpose of this ordinance, the following words and phrases are herein defined to mean and include:

Dog: Dogs of either sex of any age.

Farm Dog: A dog acting in protection of animals and/or livestock under its care.

Hunting Dog: A dog engaged in lawful hunting with an active tracking device attached to it that the owner is tracking and following during the lawful hunt.

Owner: Any person having a right of property in a dog and any person who keeps or harbors a dog or has a dog in his care or acts as its custodian.

Keeping or Harboring: The act or sufferance of either feeding or sheltering a dog on the premises of the occupant or owner thereof.

Cruelly Tethering: The act of attaching a dog to a stationary object or a pulley by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that may endanger its health, safety, or well-being. Cruelly tethering includes, but is not limited to, the use of a chain, rope, tether, leash, cable or similar restraint that:

(1) Exceeds 1/8 the body weight of the animal;

(2) Causes the animal to choke or situated where it may become entangled.

(3) Is too short for the animal to move around or for the animal to urinate or defecate in a separate area from the area where it must eat, drink, or lie down; (generally, 15 feet in length)

(4) Does not permit the animal access to proper sustenance, clean water in a liquid state (not frozen), shade, dry ground, or proper shelter that adequately protects the animal from the elements of weather

At large: A dog, other than a farm dog or hunting dog, shall be deemed to be at large whenever it is not under the immediate physical control of a responsible person capable of physically restraining the dog and is not on the owner’s property or on property where it has the property owner’s express permission to be.

DOGS TO BE CONTROLLED ON PERSONAL PROPERTY

The owner of a dog shall not allow such dog to roam at large in Mercer County. The owner of a dog shall confine such dog on his premises. Confinement shall be performed in a manner consistent with the humane practices outlined in Chapter 61 Article 8 Section 19 of West Virginia Code stating that animals must be provided proper sustenance, including food and water, shelter that protects from the elements of weather and may not be cruelly chained or tethered.  No person shall take any dog onto the streets, sidewalks or public places in the County unless the dog shall be on a leash, or under his control.

IMPOUNDING DOGS; REDEMPTION

It shall be the duty of the Animal Control Officer, Dog Warden, and/or any law enforcement officer, to seize any dog at large in the unincorporated areas of the County, whether licensed or unlicensed. All such dogs shall be impounded and disposed of in accordance with the provisions of sections six and eight, article twenty, chapter nineteen (19-20-6,8) of the West Virginia Code, as amended.

The owner, keeper or person harboring any dog seized or impounded under this ordinance may, at any time prior to the expiration of five (5) days from the time that notice of the seizure and impounding of the dog shall have been given or posted as required by state law, redeem the dog by paying to the animal control officer, all the costs assessed against such dog, and any fine assessed hereunder.  After the release of the dog, the owner will be required to secure a license for the dog from the courthouse and to get the dog vaccinated for rabies. WV State Code 19-20A-2.

CITATIONS; PENALTIES

A citation shall be issued to any owner of a dog found violating this ordinance.

Any person who is convicted of violating this ordinance shall be guilty of a misdemeanor and shall be assessed a fine of not less than $25.00 nor more than $100.00 (In addition to any court costs assessed). The incidence of any one dog at large in any twelve (12) hour period is hereby deemed to constitute a single violation of the ordinance,

Entered this 24th day of June, 2025.

Mercer County Commission:              ___________________________________

Bill Archer, President

___________________________________

Brian Blankenship, Commissioner

___________________________________

Greg Puckett, Commissioner

Attest: _____________________________

Verlin Moye, County Clerk