The Register-Herald, Beckley, West Virginia

Local News

October 11, 2008

Greenbrier leash law ordinance being rewritten

By Christian Giggenbach

LEWISBURG — Greenbrier County’s leash law ordinance is being rewritten after a magistrate found a flaw in how fines are assessed, officials say.

An amendment to the county’s 1994 original leash law was beefed up to include stricter provisions and passed by the county commission in 2006. However, commission president Lowell Rose said a magistrate recently threw out a case involving an alleged violator because of a faulty provision in the law.

In recent months, several county citizens have also complained to commissioners that the leash law wasn’t strict enough and have asked for the law to be further amended.

“We are having the prosecuting attorney’s office looking at the law and getting back to us with new wording,” Rose recently said.

Assistant prosecutor Ryan Blake said the issue focuses on the authority that the leash law grants the animal control officer in levying fines when a roaming dog is captured and redeemed by his/her owner. That section of the law reads:

“The owner, keeper or harborer of any dog seized or impounded under this ordinance may, at any time prior to the expiration of five days from the time that the notice of the seizure and impounding of the dog shall have been given or posted as required by law, redeem the dog by paying to the proper authority having jurisdiction, all costs assessed against such dog, and any fine assessed hereunder.”

Blake said Magistrate Brenda Smith ruled animal control officers under state laws did not have the constitutional authority to levy fines.

“It appears this provision allows the animal control officer to assess a fine,” Blake said.

Blake said an amendment to the leash law would be forthcoming soon. The subject is on the agenda for the next county commission meeting scheduled for Tuesday.

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