In Berkeley Springs last week, the Morgan County Commission agreed to hold public hearings on a draft ordinance that would regulate vicious dogs.<\/p>\n
One week after ripping Commission lawyer Dick Gay<\/a> for drafting an ordinance that was \u201cpro-vicious dog and anti-victim\u201d with \u201cno orders to do so,\u201d Commissioner Stacy Dugan voted with Commissioner Brad Close to approve a draft vicious dog ordinance and hold public hearings on it.<\/p>\n Commissioner Bob Ford was not present for the vote.<\/p>\n The Commission will hold two hearings on the ordinance, one on March 20 at 7 pm and one on April 3 at 10 am.<\/p>\n The draft ordinance<\/a> declares that vicious dogs are a \u201cpublic nuisance.\u201d<\/p>\n The ordinance defines a vicious dog as a dog who \u201cwithout provocation has killed or inflicted injury on a person\u201d or \u201ckilled or inflicted severe injury upon a domestic animal, horse or livestock, when not on the offending dog owner\u2019s real property,\u201d or \u201capproached a person when not on the offending dog owner\u2019s property in a vicious or terrorizing manner, in an apparent attitude of attack.\u201d<\/p>\n The fact that the dog is not in the habit of biting or has not bitten any person \u201cshall not be the sole factor in determining whether the dog is vicious or dangerous.\u201d<\/p>\n \u201cAny dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting,\u201d will be considered to be a vicious or dangerous dog.<\/p>\n The proposed ordinance defines severe injury as \u201cany physical injury that results in broken bones or disfiguring lacerations or which required surgery or hospitalization.\u201d<\/p>\n And the proposed ordinance defines injury to as \u201cany breaking of the skin, which results in bleeding, caused by bite.\u201d<\/p>\n The proposed ordinance exempts police dogs.<\/p>\n Also not included are incidents where the bite, attack or injury was sustained by \u201ca person who was committing at the time a crime upon the premises occupied by the dog\u2019s owner; committing, at the time, a willful trespass or other tort upon the premises occupied by the dog\u2019s owner; or provoking, tormenting, or physically abusing the dog.\u201d<\/p>\n The draft ordinance says that any dog finally determined to be vicious or dangerous and ordered \u201cterminated\u201d in accord with \u201cthe procedure\u201d shall be \u201cdisposed of\u201d by the Animal Control Office.<\/p>\n","protected":false},"excerpt":{"rendered":" In Berkeley Springs last week, the Morgan County Commission agreed to hold public hearings on a draft ordinance that would regulate vicious dogs. One week after ripping Commission lawyer Dick Gay for drafting an ordinance that was \u201cpro-vicious dog and … Continue reading