West Virginia Code 19-34-7 – Confiscation and disposition of animals; suspension and revocation of permits
(a) A law-enforcement officer, county humane officer or the state veterinarian may immediately confiscate or euthanize any dangerous wild animal if the animal poses an immediate risk to public health or safety regardless of whether the owner of the animal has a permit issued under this article.
Terms Used In West Virginia Code 19-34-7
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Dangerous Wild Animal Board. See West Virginia Code 19-34-2
- Conviction: A judgement of guilt against a criminal defendant.
- Dangerous wild animal: means a mammal, bird, reptile, amphibian or aquatic animal, including a hybrid, that is dangerous to humans, other animals or the environment due to its inherent nature and capability to do significant harm. See West Virginia Code 19-34-2
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Person: means an individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or other legal entity and an officer, member, shareholder, director, employee, agent or representative thereof. See West Virginia Code 19-34-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Statute: A law passed by a legislature.
(b) The board may summarily suspend a permit issued under this article if one of the following conditions exists:
(1) An animal whose owner has a permit issued under this article is in a position to harm another animal;
(2) A permitted animal poses a risk to public health or safety; or
(3) The permitee has violated a provision of this article.
(c) In the event of the suspension of a permit or confiscation of an animal pursuant to this section, the dangerous wild animal may be transferred to another permitee in compliance with the provisions of this article, if the transfer would abate the imminent harm to the animal or the public as determined by the responding law-enforcement officer, county humane officer or state veterinarian. If the transfer of the dangerous wild animal cannot be accomplished without additional risk to public safety, or if no suitable facility is available for transfer, the responding law-enforcement officer, county humane officer or veterinarian may humanely euthanize the animal.
(d) Upon conviction of an offense under this article or any other animal cruelty statute, the board shall revoke that person's permit.
(e) The board may, for cause, revoke a permit.
(f) A person aggrieved by action of the board may appeal to circuit court.