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According to the 2007-2008 National Pet Owners Survey, 63% of U.S. households own a pet, which equates to 71.1 millions homes

Breakdown of pet ownership in the U.S. according to the 2007-2008 National Pet Owners Survey

Number of U.S. Households that Own a Pet (millions)

Bird                              6.4

Cat                               38.4

Dog                              44.8

Equine                          4.3

Freshwater Fish             14.2

Saltwater Fish               .8

Reptile                          4.8

Small Animal                 6.0

 

Total Number of Pets Owned in the U.S. (millions)

Bird                              16

Cat                               88.3

Dog                              74.8
Equine                         13.8

Freshwater Fish            142.0

Saltwater Fish               9.6

Reptile                          13.4

Small Animal                 24.3

 

* Source: Ownership statistics are gathered from APPMA’s 2007/2008 National Pet Owners Survey

Pet Statistics - West Virginia
Percentage of WV households that own pets – 67%
(WV ranks ninth behind Vermont 75%, Idaho & Oregon 73%, Wyoming, New Mexico, Maine & Montana 70% & Oklahoma 69%.
States with lowest percentage of pet-owning households include Rhode Island, Mass., Maryland, New Jersey & New York.  These states are ones in which many West Virginia counties participate in rescue operations.

*Source: American Veterinary Medical Association Household Pet Survey - 2008

HSUS July 04 Pet Overpopulation Statistics for West Virginia:  A cross section of 26 animal groups ie shelters, humane societies responded to surveys from over 100 that were initially sent.   FOHO worked with HSUS in this attempting to gather these statistics.  While disappointed at the number of responses we were offered a glimpse of what some organizations in the state are doing and to guide future efforts to gather reliable information at the individual level and statewide. 
This was our first attempt to work with a national group in obtaining this information and want to thank HSUS for their assistance.   We hope that our next survey will have many more respondents!
Here are the results in word format.  Click here to read WV Overpopulation Summit ReportClick here for the WV Survey Addendum Report


1998 Facts About West Virginia Pet Overpopulation:
Please note these statistics were gathered in 1998. Today, stronger shelter spay neuter programs have reduced the euthanasia rate at WV shelters combined with the heightened number of rescues of dogs going out of state. However, these trends may still apply 10 years later so until we have new data, this is what we have to offer.

  • WV Shelters take in 102,000 dogs and cats, euthanizing 75% of them (3 out of 4 die).
  • Shelters that do not require adopted animals to be spayed or neutered are themselves contributing to the overpopulation problem by allowing uncontrolled breeding to continue.
  • Every day in the United States, 10,000 babies are born compared to over 70,000 puppies and kittens. West Virginia had over 150,000 puppies and cats born last year.
  • The average cost to pick up, house, feed and euthanize an animal is $50, costing West Virginians $3 million dollars yearly.
  • Mandatory spay/neuter of adopted animals reduces the number of animals taken into a shelter. At the Kanawha Charleston Animal Shelter, for example the number of animals taken in decreased from 16,000 in 1988 to 8,000 in 1998, after mandatory spay/neuter was implemented.
  • An individual pays from $3 to $30 to adopt an animal from a shelter. In addition, when spay/neuter is required, they must pay an additional $20 to $35. Under the proposed legislation, the cost of spay/neuter will be borne by the adopting owner and not by the shelter.
  • Of the animals put to death in West Virginia, 87% are placed in landfills, with the remaining 13% incinerated or sent to rendering companies.
  • In West Virginia, 31 counties have shelters or pounds.
  • 21 states (including Va., Kent., and D.C.) have passed mandatory spay/neuter laws


Wondering where animal welfare law is located in the state code when you are trying to get something done in your county?
Prepared by Sylvia Shafer

INDEX OF STATE LAWS OF WVARTICLE 10, CHAPTER 7, HUMANE OFFICERS
7-10-1 Deputy sheriffs as humane officers or so designated

7-10-2 Duty of humane officers; interference with

7-10-3 Cruel treatment of animals drawing or in vehicle

7-10-4 Custody and care of animals abandoned, neglected, or cruelty treated, hearing; liability of costs; exclusions, Bonding effective date June 5, 2003 will change this law.

7-10-4a Reporting of animals abandoned, neglected or cruelly treated:enforcement

7-10-5 Destruction of animals

ARTICLE 20, CHAPTER 19, DOGS AND CATS
19-20-1 Dogs subject to taxation; declared personal property

19-20-2 Collection of head tax on dogs; duties of assessor and sheriff; registration of dogs; disposition of head tax; taxes on dogs not collected by assessor

19-20-3 Registration of dog kennels; application; fee expiration of certificate of registration

19-20-4 Forms for registration; records; registration tags; loss thereof

19-20-5 Wearing of registration tag by dog

19-20-6 County dog warden; rules and regulations for dog control; prosecution and penalties for violation of ordinances

19-20-6a Authority of county commission to contract with private society, other county or municipality for the care and control of dogs and cats

19-20-7 Dog pound and equipment to be provided by county court; exception

19-20-8 Impounding and disposition of dogs; costs and fee

19-20-8a Joint ownership, etc; by counties and muncipalities of dog pounds; joint employment of dog warden.

19-20-9 Failure to register dog or kennel; alteration or forging of registration certificate or tag, penalties

19-20-9a Dogs, cats, etc; rabies observation

19-20-10 Dog and kennel fund; disposition thereof

19-20-11 Assessment of dogs as personal property

19-20-12 Dogs; other animals and reptiles protected by law; unlawful killing thereof; aggrieved owner’s remedy; penalties; penalties for unlawful stealing of pets (On May 27th, this law changed)

19-20-13 Dogs running at large; liability of owner

19-20-14 Dog killing, wounding or worrying livestock or poultry–recovery of damages

19-20-15 Same–Assessment of damages; appraisers

19-20-16 Same–When lawful to kill a dog

19-20-17 Same–Unlawful to harbor dog; penalty

19-20-18 Same– Duty of owner to kill dog; proceeding before magistrate on failure of owner to kill

19-20-19 Offenses; criminal penalties; jurisdiction

19-20-19a Dog warden and deputy dog wardens; power to issue citations

19-20-20 Keeping vicious dogs; humane officers may kill such dogs

19-20-21 License fee for keeping vicious or dangerous dog

19-20-22 Confinement of female dogs

19-20-23 Prohibition of the use of impounded dogs and cats

19-20-24 Causing death or injury to animals used by law-enforcement officials or by fire prevention or investigation officials; criminal penalties

19-20-25 Retirement, transfer or disposal of state owned dogs and horses   (New law effective March 5, 2003)

ARTICLE 20A,CHAPTER 19
VACCINATION OF DOGS AND CATS FOR RABIES
19-20A-1 Purpose and policy

19-20A-2 Vaccination of dogs and cats

19-20A-3 Vaccination record and report

19-20A-4 Vaccination tag and certificate

19-20A-5 Type of vaccine to be furnished; fee

19-20A-6 Offenses and penalties

19-20A-7 Enforcement of article

19-20A-8 Vaccinated dogs and cats may run at large; confinement may be required by commissioner of agriculture within the limits of any quarantine area or locality; and ordinances or rules may be promulgated by any county commission or municipality relating to the control and management of dogs within the county; providing limited exception for hunting and farm dogs from county commission or municipality action

ARTICLE 3, CHAPTER 61
CRIMES AGAINST PROPERTY
61-3-27 Malicious killing of animals by poison or otherwise; penalty

ARTICLE 8,CHAPTER 61
CRIMES AGAINST CHASTITY, MORALITY AND DECENCY
61-8-19 Cruelty to animals; penalties; exclusions
This law changed May 27, 2003

61-8-19a Animal fighting ventures prohibited
This law changed June 8, 2003

61-8-19b Increased penalties for attending animal fighting
This section became law June 8, 2003

61-8-20 Keeping or using live birds to be shot at; penalty

61-8-21 Search warrants relating to cruelty to animals

61-8-22 Search warrants relating to birds and animals kept for fighting

61-8-23 Search without warrant where there is an exhibition of the fighting birds or animals

These are the animal laws that have been passed or changed since 1988.
Sylvia Shafer and then later FOHO was instrumental in assisting to get these passed!!

61-8-19 Cruelty to animals; penalties; exclusions
has been changed several times. Most of the cruelty charges are already listed under 7-10-4. Such as medical, return of animals. About 1995 psychiatric evaluation was added and prohibiting future owning of animals, and the penalties for a second offense. In 2003, the intentional cruelty became a felony and the penalties were increased for the misdemeanor charges.

61-8-19a Animal fighting ventures prohibited animal fighting became a felony in 2003 (with the exception of game cock

61-8-19b increased penalties for attending animal fighting,

19-20-12 Dogs; other animals and reptiles protected by law; unlawful killing thereof aggrieved owner’s remedy; penalties; penalties for unlawful stealing of pets.  Around 1986 pet-napping was added to this code. It was changed again in 2003 to add intentionally to add "recklessly" kill or injure and to increase the penalties.

19-20-23 Prohibition of the use of impounded dogs and cats This was the first major bill we passed. The year was 1989 and we had a major battle with WVU. It banned pound seizure. People from all over this state stormed the statehouse and we finally became a source to be reckoned with.

19-20-24 Causing death or injury to animals used by law-enforcement, fire prevention,or investigation officials; criminal penalties

19-20-25 Retirement, transfer, or disposal of state owned dogs and horses.

7-10-4 Custody and care of animals abandoned, neglected, or cruelty treated, hearing; liability of costs; exclusions, Bonding effective date June 5, 2003 changed this law.

New State Code! Thanks to Sylvia Shafer -posted 5/23/03

CODE 7-10-4 Custody and care of animals abandoned, neglected, or cruelty treated, hearing; liability of costs; exclusions, Bonding effective date June 5, 2003 changed this law.

CHANGED BY HB 2301
The purpose of this bill provides funding for animals seized because of allegations of neglect. Under this plan, owners whose animals are seized must post a maintenance bond for the reasonable and necessary care of their animal, pending a hearing. If the care of the animal exceeds any posted bond amount, the debt incurred caring for the animal stands as a lien against the animal. The owner must pay before the animal can be returned. Upon conviction, the animal transfers to the humane officer for disposition.

1. The owner of the animal shall post a bond in an amount sufficient to provide reasonable costs of care, medical treatment for the animal for at least thirty days. The bond shall be filed with the court within five days following the court’s finding of probable cause. At the end of the time for which expenses are covered by the original bond if the animal remains in the care of the humane officer and the owner desires to prevent disposition of the animal by the humane officer, the owner shall post an additional bond with the court within five days of the expiration of the original bond.

2. If a bond has been posted , the custodial animal care agency may draw from the bond the actual reasonable costs incurred by the agency in providing care, medical treatment and provisions to the impounded animal from the date of the initial impoundment to the date of the final disposition of the animal.

These changes to the law will accomplish the following:
1. Eliminate or reduce the expenses incurred by the facility housing the animal. This includes foster homes. Many counties do not prosecute cruelty due to the expense.
2. Will reduce the number of continuances.
3. Some owners will surrender the animals, rather than pay the bond. This will free space for shelters as it provides for an early disposition of the animal.
4. This does not stop enforcing code 61-8-19. The Legislature has asked that we be reasonable and cooperative with the defendants.

CODE 19-20-12 Dogs; other animals and reptiles protected by law; unlawful killing thereof; aggrieved owner’s remedy; penalties; penalties for unlawful stealing of pets. On May 27th, this law changed

The purpose of this bill changes the criminal intent necessary for cruelty to a knowing or reckless stand. If anyone kills, attempts to kill, injures, poisons, kidnaps, steals or in any other manner causes the death or injury of a companion animal is guilty of a misdemeanor and must perform 30 to 90 days of public service and/or pay a $300 to $500 fine.
1. Adds the language of knowingly or recklessly
2. Adds the exception that this law does not apply to a death or injury if the animal is killed or injured while attacking a person, a companion animal or livestock.
3. Removes from the law that recovery can not be had in excess of the assessed value.

CODE 61-8-19 Cruelty to animals; penalties; exclusions
This law changed May 27, 2003 CHANGED BY SB 205

The cruelty to animals code is now divided between neglect and intentional cruelty.

1. Withholding necessary food, shelter or care from such an animal is also a misdemeanor punishable by a $300 to $1,000 fine and/or up to a six month jail term. Any person convicted of a second or subsequent violation is guilty of a misdemeanor and shall be confined in the county or regional jail for a period of not less than ninety days nor more than one year, fined not less than five hundred dollars nor more than two thousand dollars, or both. This is an increase in both of the fines. No person who has been convicted of a violation of this section may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation. The previous law stated the evaluation was on the second offense. The court shall prohibit the possessing, owning or residing with an animal or type of animal for a period of five years following a misdemeanor conviction. This is new to the law.

2. If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility not less than one nor more than three years, and be fined not less than one thousand dollars nor more than five thousand dollars. For the purpose of this subsection, “torture” means an action taken for the primary purpose of inflicting pain. No person convicted of the provisions of this subsection may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation. The court shall prohibit any person convicted from processing, owning or residing with any animal or type of animal for a period of fifteen years following entry of a felony conviction. A violation of this section is a misdemeanor punishable by a fine not exceeding two thousand dollars and forfeiture of the animal.

CODE 61-8-19a Animal fighting ventures prohibited
This law changed June 8, 2003
CHANGED BY HB 2753

1. Cockfighting remains a misdemeanor.

2. It becomes a felony to fight all other animals whether wild or domesticated. Upon conviction, the person who violates the provisions of this section shall be fined not less than one thousand dollars and not more than five thousand dollars, and imprisoned in a state correction facility for not less than one nor more than five years, or both fined and imprisoned.

CODE 61-8-19b Increased penalties for attending animal fighting
This section became law June 8, 2003 CHANGED BY HB 2753

This is a new section to the code. It is unlawful for any person to knowingly attend an animal fighting venture. This was already law, but was moved into a new code. Any person convicted is guilty of a misdemeanor and shall be fined not less than one hundred dollars and not more than one thousand dollars, or confined in the county or regional jail not more than one year, or both fined and imprisoned.


Additional Selected Information from State Code pertinent to Animals

H.B. 2555 passed April 6, 2001 amended Article 10, chapter 7and Article 20, chapter 19 of the WV code. This related to humane destruction of animals (shooting is not acceptable as form of euthanasia and only used in emergency situation as defined in code) and clarifying liability for cost of seized animals (note here to get the code from your county but be aware that legislation affects changes in the code. Make sure your county officials are aware of current code)

Article 20 Sec. 19-20-1 thru 19-20-24 Dogs and Cats: This is an all inclusive code that covers, dog registration, county dog wardens, county taxes and use for kennel fund, responsibility of county, rabies, etc.

61-8-19a Cruelty to animals; penalties; exclusions. If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars, or confined in the county jail not more than six months, or both so fined and confined.

19-20-8 Impounding and disposition of dogs; cost and fees:
(d) The owner, keeper or harborer of any dog seized and impounded under the provisions of this article may, at any time prior to the expiration of days from the time that notice of the seizure and impounding of the dog has been given or posted as required by this article, redeem the dog by paying to the dog warden or his or her authorized agent or deputy all of the costs assessed against the dog, and by providing a valid certificate of registration and registration tag for the dog.

19-20-22 - Confinement of female dogs Every person owning or harboring a female dog, whether licensed or unlicensed shall keep such dog confined in a building or secure enclosure for twenty-five days during the period of estrus.

19-20-5 Wearing of registration tag by dog Every registered dog shall at all times wear a valid registration tag issued as provided in this article. The failure to have displayed or worn on any dog, ant any time, of such valid tag shall be prima facie evidenced that such dog is not registered and such dog shall be subject to be, and shall be, impounded, sold, or destroyed as hereinbefore or hereinafter provided.

Article 10 Sec. 7-10-1 thru 7-10-5 Humane Officers: This is important since it outlines the requirement for a humane officer in your county and also defines the duty.... 7-10-4(a) states "A humane officer shall take possession of any animal, including birds or wildlife in captivity, known or believed to be abandoned, neglected, deprived of necessary sustenance, shelter or medial care or cruelly treated or used, as defined in sections nineteen and nineteen-a 61-8-19 and 61-8-19a, article eight, chapter sixty-one of this code (West Virginia State Code)

Miscellaneous Liens and Pledges 38-11-6 Lien of Humane Officer: This is very important to know in order to recoup your money on the the expenses of boarding and caring for the animal after it is seized.

Article 10A Sec. 30-10A-1 thru 30-10A-9 Animal Euthanasia Technicians: this is important if your shelter or facility is performing euthanasia. You must get your certification and then yearly recertify. (there is a class once a year offered in the April timeframe for certification on this) The WV Board of Veterinary Medicine can be contacted concerning this. FOHO offered a Compassion Fatigue Class in March 2000 to those wishing to obtain yearly certification in this.

Article 9 19-9-1 thru 19-9-40 Agriculture Diseases Among Domestic Animals: very important on the responsibility of the county for quarantine of animals with communicable diseases i.e. rabies, mange, leptospirosis. (Parvo is not listed in the code)

What if stretching those county tax dollars didn’t cost any state tax dollars? What if this could mean that counties might get more revenues under existing laws? Interested in learning more? <read all >

National Animal Control Association Policies Dispositions of Animals – Euthanasia

POLICY STATEMENT
NACA consider lethal injection of sodium pentobarbital, administered by competent, trained personnel, to be the method of choice utilized for humane euthanasia of animal shelter dogs and cats. NACA acknowledges that there are agencies legally restricted in their ability to obtain Sodium Pentobarbital. In such cases the alternative must be carbon monoxide bottled specifically for use in euthanasia. The alternative must never be used as the primary technique if the use of Sodium Pentobarbital can be arranged for in some manner and must never be used for old, sick/injured or pregnant animals and those under 4 months of age. Under these circumstances, assistance must be sought from veterinarians to provide euthanasia services utilizing sodium pentobarbital.

NACA condemns the use of carbon dioxide, nitrogen, nitrous oxide, argon, or anesthetic gasses as well as physical methods such electrocution, gunshot and blunt force trauma for animal shelter euthanasia of dogs and cats.

BASIS FOR POLICY
Sodium Pentobarbital meets more of the criteria set by the American Veterinary Medical Association Panel of Euthanasia than any other method of euthanasia. Until a more sophisticated method meeting all the criteria are met, it is the responsibility of those performing euthanasia to use the best method now available and to use it with skill, compassion and consistency.

POLICY RECOMMENDATIONS
Euthanasia must be preformed by a minimum of two persons and only by persons who are trained in humane euthanasia procedures and can demonstrate their ability in accordance with methods put forth in training approved by the National Animal Control Association, The Humane Society of the United States, the American Humane Association or the American Society for the Prevention of Cruelty to Animals.

NACA very strongly urges agencies that are unable to legally obtain sodium pentobarbital, to work diligently towards passing legislation which would allow direct purchase by shelters, training and certification of staff.

Passed 2/08/03