Ordinance and Rules Committee

CITY OF CHARLESTON WEST VIRGINIA Council Member – Ward 20 Chad Robinson Ordinance and Rules Committee, Chair 793 Lower Donnally Rd. Parks and Recreation Committee Charleston, WV 25304 Finance Committee 304- 389-7373 Parking Facilities Committee chad.robinson@cityofcharleston. org A meeting of the Council Committee on Ordinance & Rules will be held on Monday, July 15, 2024 at 5:30 PM. To be held in person AV ROOM #308, CITY HALL Agenda APPROVAL OF PREVIOUS MINUTES 1. 7-8-2024 BILLS 1. Bill No. 8039 Committee Substitute - A BILL to amend the Municipal Code by adding a new section related to controlled substances offenses in Municipal Code. 2. Bill No. 8043 - A BILL to amend the Municipal Code by adding a new Section 78-374, entitled "Marijuana laws and penalties,” relating to setting penalties for marijuana conviction at a jail sentence of ninety days suspended unconditionally and zero dollars in fines and court costs. 3. Bill No. 8038 - A BILL to amend the Municipal Code relating to expanding the urban deer hunt to allow for urban bear and coyote hunting; authorizing the use of air rifles of .22 caliber or larger to hunt coyotes as part of the urban hunt; and expanding the hours to allow for hunting of coyotes at night on private property. 4. Bill No. 8040 - A BILL to amend the Municipal Code relating to dogs running at large, and the penalties and impoundment therefore. CR/ns *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com Page | 1 of Page | 2 of  MINUTES ORDINANCE AND RULES COMMITTEE MEETING 5:00 P. M., JULY 8, 2024 THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL. Chad Robinson, Chairperson, called the meeting of the Charleston City Council Committee on Ordinance and Rules to order at 5:00 p.m., July 8, 2024. Committee Members Present: Chad Robinson, Chair Frank Annie Joseph Jenkins Emmett Pepper Absent: Patrick Salango, Vice Chair Becky Ceperley (attending Planning, Streets and Traffic meeting) Sam Minardi Other Councilmembers Present: Beth Kerns 1. Approval of Previous Minutes – Councilmember Annie motioned to approve the previous minutes from 7-1-2024. Councilmember Pepper seconded the motion. With those being present having voted unanimously in the affirmative, the Chair declared the minutes as approved as amended. Page | 3 of  2. Bill No. 8039 - A BILL to amend the Municipal Code relating to simple possession of controlled substances and the criminal penalties; making first offense simple possession of marijuana and related substances specified in State code a non- jailable offense; clarifying the conditional discharge statutes for first offense possession charges; and updating state law references and other terminology. AND Bill No. 8043 - A BILL to amend the Municipal Code of the City of Charleston by adding a new Section 78-374, entitled "Marijuana laws and penalties,” relating to lowering the penalty for misdemeanor marijuana possession to the lowest penalty by State Law. City Attorney Kevin Baker explained that marijuana is a controlled substance under West Virginia law that can be penalized by a fine of up to $1,000 and jail time of not less than 90 days and no more than 6 months. Bill No. 8039 cleans up City Code to match the State’s language. Under current City Code, the first offense is up to 30 days and a $500 fine, and uses the process of discharging and expunging for first offense with marijuana. The bill also changes the first offense to up to $100 fine with no jail time. For subsequent offenses, the bill retains the current Code with higher fines and jail time. It also incorporates the definitions and schedules from State Code. Baker added that the Petition would create a new Section in City Code that defines marijuana per State Code, and states that upon a misdemeanor possession conviction, the jail time of 90 days is suspended unconditionally with a fine of $0 and no court costs. Baker added that he has a few legal concerns about the petition. State Law only authorizes municipalities to punish by confinement up to 30 days in jail. Although suspended unconditionally, the petition states 90 days. It requires an unconditional suspension of court costs, the collection of which is required by State Law. He was not sure how that could be carried out if the ordinance was enacted. Additionally, the language of the petition calls for language on the ballot is not a fair reflection as to what is stated in the bill. Baker added that under the petition, a defendant would no longer have the ability to appeal their case. Councilmember Pepper asked if other cities had done something similar to what the petition proposes. Baker replied that he has been found any statutes that specifically require that a sentence be suspended unconditionally, but Ohio sometimes does it in practice. Councilmember Pepper asked if the ballot language could be corrected. Baker replied that is unclear according to the Charter, however it seemed reasonable that it would be within the Clerk’s authority to submit it properly for the ballot. It might also be possible that Council could vote on the proper wording for the ballot. Councilmember Pepper summarized the options for the Petition as being they could Page | 4 of pass it, or not pass it, at which point it would go on the General ballot. If it would be approved via ballot, Council would not be able to amend it. Baker added that the Petition was referred to the Committee for discussion. Councilmember Pepper confirmed that if the Petition was passed by Council, it could be amended. Councilmember Jenkins asked if this portion of the Charter was still valid after the passage of the State’s municipal code. Baker replied that since this process was last used in the 1950s, he did not see anything that would invalidate it. He did find a section of State Code that authorizes ballot initiatives by Charter that lists a requirement of signatures equal to 10% of registered voters. Referring to Bill No. 8039, Councilmember Jenkins confirmed that Part A referred to any controlled substance other than marijuana and synthetic cannabinoids. He added that he thought there was a drafting issue causing confusion that made it seem like there was no penalty for all controlled substances. Baker agreed. Councilmember Annie confirmed that they could reduce fines and jail time, and could keep the system in place that would give the Municipal Judge more options. He asked if this would extend to synthetic marijuana. Baker confirmed that it would as drafted. Councilmember Pepper asked if they could pass a bill that was in the spirit of the Petitioner bill. Baker replied that he believed that the Petitioner bill could be appropriately withdrawn with a letter from Corey Zinn, as he was the person who submitted the bill and signatures. Councilmember Robinson added that it seemed like the most direct process would be if the Petition bill were withdrawn, and Bill No. 8039 were amended. Councilmember Jenkins added that the best option would be to advise Council to pass the Petition bill, which can be addressed with the other bill. Councilmember Pepper suggested that if they passed Bill No. 8039 in the spirit of the Petition bill, that might satisfy the petitioner to withdraw their bill. Councilmember Pepper confirmed with Baker that if the City did not follow the required 407 Section, then someone could be treated differently in Circuit Court than Municipal Court. Regarding removing the 15 grams limitation, Councilmember Jenkins asked if that would also apply to someone with an unreasonably large amount of marijuana. Baker replied that the totality of circumstances is taken into account to prove possession with intent versus simple possession. Councilmember Pepper confirmed that the bill states that a person can be placed on probation rather than incineration if they do not have a previous conviction. Baker replied that was the diversion program, which is currently used as a one-time situation. Regarding the 2nd Pepper Amendment, Councilmember Jenkins expressed concerns that it would open it up too far. He added that the language also states “shall.” He suggested a time frame. Councilmember Annie suggested 1 year. Baker clarified with Page | 5 of Councilmember Pepper that the intent of the amendment was to allow use of the program multiple times for the use of marijuana and synthetic cannabinoids only. Councilmember Jenkins suggested that they instead change the language to number of times a deferment can be used. Regarding the 3rd Pepper amendment, Councilmember Jenkins confirmed that MDVP etc. was also referred to as ‘bath salts.’ Councilmember Jenkins added that he did not think possible jail time should be removed for offenses involving more harmful substances such as bath salts. Councilmember Robinson agreed. Regarding the Annie Amendment, Councilmember Jenkins thought it was fine to remove fines for the first offense, but not for subsequent offenses. Councilmember Robinson agreed. Bill No. 8039: Councilmember Jenkins motioned to amend Bill No. 8039 to contain the technical changes as previously stated. With those being present having voted unanimously in the affirmative, the Chair declared the amendment as passed. Councilmember Pepper motioned to amend Bill No. 8039 to remove the 15 grams limitation. With those being present having voted unanimously in the affirmative, the Chair declared the amendment as passed. Councilmember Pepper motioned to amend Bill No. 8039 to allow a person to qualify for the diversion program regardless of previous convictions. Councilmember Pepper reformed his amendment to allow for a 12-month period deferment between convictions as previously mentioned. With those being present having voted in the majority as affirmative, with a Nay from Jenkins, the Chair declared the amendment as passed. Councilmember Pepper motioned to amend Bill No. 8039 to remove all instances that listed incarceration on page 4. Councilmember Pepper reformed his amendment to only include marijuana and synthetic cannabinoids. With those being present having voted unanimously in the affirmative, the Chair declared the amendment as passed. Councilmember Annie motioned to amend Bill No. 8039 to change the language to no fines but include court costs for all marijuana and With those being present having voted unanimously in the affirmative, the Chair declared the amendment as passed. convictions. Councilmember Annie reformed his amendment so that the language referred to the first offense. With those being present having voted unanimously in the affirmative, the Chair declared the amendment as passed. Councilmember Annie motioned to lay over Bill No. 8039 until the next meeting on July 15, 2024. With those being present having voted unanimously in the affirmative, the Chair declared the motion to lay over Bill No. 8039 as passed. Page | 6 of Councilmember Jenkins motioned to lay over Bill No. 8043 until the next meeting on July 15, 2024. With those being present having voted unanimously in the affirmative, the Chair declared the motion to lay over Bill No. 8043 as passed. Councilmember Annie motioned to adjourn the meeting. Meeting adjourned. Page | 7 of Page | 8 of Page | 9 of Page | 10 of Page | 11 of Page | 12 of  Bill No. 8039 Committee Substitute Introduced in Council: Adopted by Council: July 1, 2024 Introduced by: Referred to: Frank Annie and Chad Robinson Ordinance & Rules______ 1 Bill No. 8039 Committee Substitute - A BILL to amend and reenact Sections 78-371, 2 78-372, and 78-373 of the Municipal Code of the City of Charleston, as amended, and to 3 amend said Code by adding thereto a new section, designated Section 78-374, all relating 4 updating, clarifying, and reforming the controlled substances offenses in Municipal Code, 5 incorporating the state code definitions and schedules of controlled substances, reducing 6 the penalties for simple possession of certain controlled substances; making simple 7 possession of marijuana and related substances specified in State code a non-jailable 8 offense; clarifying the conditional discharge statutes for simple possession charges; and 9 expanding the possibilities for discharge of controlled substance possession charges. 10 11 Now, therefore, be it ordained by the Council of the City of Charleston: 12 13 That Subdivision I of Division 5 of Article V of Chapter 78, specifically, Sections 78-371, 14 78-372, and 78-373 of the Municipal Code of the City of Charleston, as amended, are 15 hereby amended and reenacted and that a new section, designated Section 78-374, is 16 added thereto, all to read as follows: 17 18 DIVISION 5. - DRUGS AND RELATED OFFENSES 19 20 Subdivision I. - In General 21 22 Sec. 78-371. – Definitions and Schedules Incorporated. 23 24 The definitions set forth in Article I of the West Virginia Controlled Substances Act at West 25 Virginia Code § §60A-1-101, et seq., and the schedules of controlled substances set forth 26 in Article II of the West Virginia Controlled Substances Act at West Virginia Code § 60A- 27 2-201, et seq., including as they may be amended from time to time, are hereby fully 28 incorporated and made a part of this Chapter by reference. 29 30 Sec. 78-372. - Purporting to sell controlled substances. 31 32 (a) No person shall at any time sell any substance which that person purports to be a 33 controlled substance when in actuality the substance sold contains no controlled 34 substances. 35 Page | 13 of 36 (b) Whoever violates the provisions of this section shall, upon conviction, be guilty of a 37 misdemeanor and fined not more than $100.00 or be imprisoned for a period not to 38 exceed 30 days, or both. Subsequent violations upon conviction shall be punishable by a 39 mandatory $100.00 fine and, in the discretion of the court, imprisonment not to exceed 40 30 days. 41 42 Sec. 78-373. - Simple possession of marijuana, synthetic cannabinoids, and other 43 controlled substances. 44 45 (a) Simple Possession of Synthetic Cannabinoids and Marijuana Prohibited. It is unlawful 46 for any person knowingly or intentionally to possess synthetic cannabinoids or marijuana, 47 unless the substance was obtained directly from, or pursuant to, a valid prescription or 48 order of a practitioner while acting in the course of his or her professional practice, or 49 except as otherwise authorized by West Virginia law. Any person who violates this 50 subsection is guilty of a misdemeanor, and, upon a conviction: (1) for a first offense, may 51 be fined not more than $0.00; or (2) for a second or subsequent offense, may be fined 52 not more than $500.00. Further, notwithstanding any other provision of this code to the 53 contrary, whenever a person has not been convicted within the previous one year of any 54 offense under this subdivision or under any statute of the United States or of any state 55 relating to controlled substances, narcotic drugs, marijuana, or stimulant, depressant, or 56 hallucinogenic drugs, such conviction shall be disposed of under section 78-374. 57 58 (b) Simple Possession of MDPV and Mephedrone. It is unlawful for any person knowingly 59 or intentionally to possess 3,4-methylenedioxypyrovalerone (MDPV) or 4- 60 methylmethcathinone (mephedrone), unless the substance was obtained directly from, or 61 pursuant to, a valid prescription or order of a practitioner while acting in the course of his 62 or her professional practice, or except as otherwise authorized by West Virginia law. Any 63 person who violates this subsection is guilty of a misdemeanor, and, upon a conviction: 64 (1) for a first offense, may be fined not more than $100.00; or (2) for a second or 65 subsequent offense, may be fined not more than $500.00, imprisoned not more than 30 66 days in the regional jail, or both fined and imprisoned. Further, notwithstanding any other 67 provision of this code to the contrary, whenever a person has not previously been 68 convicted of any offense under this subdivision or under any statute of the United States 69 or of any state relating to controlled substances, narcotic drugs, marijuana, or stimulant, 70 depressant, or hallucinogenic drugs, such initial conviction shall be disposed of under 71 section 78-374. 72 73 (c) Simple Possession of Controlled Substances Prohibited. It is unlawful for any person 74 knowingly or intentionally to possess any other controlled substance not specified in 75 subsection (a) or (b) of this section, unless the substance was obtained directly from or 76 pursuant to, a valid prescription or order of a practitioner while acting in the course of his 77 professional practice, or except as otherwise authorized by this Code or West Virginia 78 law. Any person who violates this subsection is guilty of a misdemeanor and may be fined 79 up to $500.00 or confined up to 30 days in jail, or both fined and confined. 80 81 Sec. 78-374. – Conditional discharge for simple possession of controlled Page | 14 of  82 substances; expungement of records. 83 84 (a) Except as otherwise provided in this Code, whenever any person who has not been 85 convicted of any offense under this subdivision or under any statute of the United States 86 or of any state relating to controlled substances, narcotic drugs, marijuana, or stimulant, 87 depressant, or hallucinogenic drugs, pleads guilty to or is found guilty under section 78- 88 373, the court, without entering a judgment of guilt and with the consent of the accused, 89 may defer further proceedings and place him or her on probation upon terms and 90 conditions which may include, but is not limited to, participation in a substance abuse 91 treatment program. Upon violation of a term or condition, the court may enter an 92 adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and 93 conditions, the court shall discharge the person and dismiss the proceedings against him 94 or her. Discharge and dismissal under this section shall be without adjudication of guilt 95 and is not a conviction for purposes of this section or for purposes of disqualifications or 96 disabilities imposed by law upon conviction of a crime. The effect of the dismissal and 97 discharge shall be to restore the person in contemplation of law to the status he or she 98 occupied prior to arrest and trial. No person as to whom a dismissal and discharge have 99 been effected shall be thereafter held to be guilty of perjury, false swearing, or otherwise 100 giving a false statement by reason of his or her failure to disclose or acknowledge his or 101 her arrest or trial in response to any inquiry made of him or her for any purpose. There 102 may be only one discharge and dismissal under this section with respect to any person: 103 Provided, That this limitation does not apply to anyone charged under Section 78-373(a) 104 for possession of marijuana or synthetic cannabinoids. 105 106 (b) After a period of not less than six months which shall begin to run immediately upon 107 the expiration of a term of probation imposed upon any person pursuant to this section, 108 the person may apply to the court for an order to expunge from all official records all 109 recordation of his or her arrest, trial, and conviction. If the court determines after a hearing 110 that the person during the period of his or her probation and during the period of time prior 111 to his or her application to the court under this section has not been guilty of any serious 112 or repeated violation of the conditions of his or her probation, it shall order the 113 expungement. 114 115 (c) Notwithstanding any provision of this Code to the contrary, any person prosecuted 116 pursuant to the provisions of this subdivision whose case is disposed of pursuant to the 117 provisions of this section shall be liable for any court costs assessable against a person 118 convicted of a violation of this subdivision. Payment of such costs may be made a 119 condition of probation. 120 Page | 15 of  Bill No. 8043 Introduced in Council: Adopted by Council: July 1, 2024 Introduced by: Referred to: Citizen Petition Ordinance and Rules Committee 1 Bill No. 8043 - A BILL to amend the Municipal Code of the City of Charleston by adding 2 a new Section 78-374, entitled "Marijuana laws and penalties,” relating to setting 3 penalties for marijuana conviction at a jail sentence of ninety days suspended 4 unconditionally and zero dollars in fines and court costs. Page | 16 of  Bill No. 8038 Introduced in Council: Adopted by Council: July 1, 2024 Introduced by: Referred to: Frank Annie and Chad Robinson Ordinance & Rules 1 Bill No. 8038 - A BILL to amend and reenact Section 10-171 of the Municipal Code of 2 the City of Charleston, as amended, relating to expanding the urban deer hunt to allow 3 for urban bear and coyote hunting; authorizing the use of air rifles of .22 caliber or larger 4 to hunt coyotes as part of the urban hunt; and continuing to limit the urban hunt for all 5 eligible game to the time period consistent with the West Virginia Division of Natural 6 Resources urban hunt rules while expanding the hours to allow for hunting of coyotes at 7 night on private property. 8 9 Now, therefore, be it ordained by the Council of the City of Charleston: 10 11 That Section 10-171 of the Municipal Code of the City of Charleston, as amended, be 12 amended and reenacted to read as follows: 13 14 ARTICLE IV. – URBAN DEER MANAGEMENT HUNTING 15 Sec. 10-171. – Urban deer, bear, and coyote management. 16 17 (a) Urban hunting conditions. An urban deer hunt shall be lawful in the City of 18 Charleston only under the following conditions: 19 (1) Hunting shall be by permit only issued under the terms of this chapter. 20 (2) The hunt shall be for deer, bear, and coyote only. 21 (3) Only bows, crossbows, arrows and bolts that comply with applicable state 22 statutes, rules and regulations may be used: Provided, That a person may hunt coyote 23 with an air rifle of .22 caliber or larger and such person hunting coyote with an air rifle is 24 subject to all other rifle and firearm hunting regulations as required by Chapter 20 of the 25 West Virginia Code and any rules promulgated thereunder. 26 (4) Hunting may occur only on property with the written permission of the 27 property owner and on city-owned property which has been designated as available for 28 hunting by the city manager. 29 (5) All deer and bear harvested must be legally checked at an official game 30 checking station electronically registered through the West Virginia Electronic Licensing 31 System (ELS) and reported to the city. 32 (6) No hunting may take place within 150 feet of a dwelling or other occupied 33 building. 34 (7) No hunting shall take place closer than 500 feet from the property boundary 35 of school property which contains a school building. For purposes of this section Page | 17 of 36 "school" means a public school or private school during periods when students are in 37 attendance or participating in school activities. 38 (8) Persons shall at all times when hunting pursuant to a city permit carry valid 39 photo identification, a copy of their city permit, and their West Virginia state hunting 40 license and any applicable state permit. 41 (9) The transportation of a deer, bear, or coyote carcass along any public right- 42 of-way is prohibited unless it is covered or hidden from public view. 43 (10) All West Virginia hunting rules and regulations apply to hunting within the 44 city. 45 (11) Any hunting activity including, but not limited to, field dressing or other 46 handling of a carcass, must occur on the property specified in the city permit. 47 (12) All hunting shall be conducted from an elevated portable tree stand that is at 48 least ten feet in height and faces the interior of the property. The stands and shooting 49 lanes will be located in such a way as to direct arrows, or bolts, or air rifle projectiles to 50 the interior of the property. 51 (13) Hunting may take place on tracts of five contiguous acres or more and within 52 a sufficient distance from the boundary that an arrow, or bolt, or air rifle projectile cannot 53 reasonably travel outside the permitted tract. Each tract must be approved by the city 54 manager. 55 (14) A property owner can designate and limit other persons allowed to hunt his 56 or her land with a permit. 57 (15) The city will be responsible to dispose for disposing of any wounded deer, or 58 deer bear, or coyote carcass found on non-permitted property. 59 (16) Hunting shall be allowed during the maximum time period permitted under 60 state law and regulations promulgated by the West Virginia Division of Natural 61 Resources for an urban deer and bear hunt. Although the West Virginia Division of 62 Natural Resources currently allows for year-round open season hunting of coyotes, the 63 urban coyote hunt shall be limited to the same days as the urban deer and bear hunt, 64 but the hunting of coyotes may occur at night on those days on approved private 65 property tracts. 66 67 (b) Permits. 68 (1) In order to obtain a permit, the applicant must meet and have evidence of 69 compliance with all applicable state statutes, regulations and rules applicable to deer or 70 bear hunting with a bow and arrow or a crossbow and arrow or bolt and coyote hunting 71 with an air rifle. The city may impose additional requirements for a hunting permit and 72 may limit the number of permits to be issued. 73 (2) The city may charge an administrative fee for permits not to exceed $25.00 74 per permit. 75 (3) The city manager is hereby authorized to promulgate reasonable rules and 76 regulations including, but not limited to: (i) setting license fees to regulate hunting; (ii) 77 selecting the tracts to be authorized for hunting as permitted herein; and (iii) promoting 78 safety and facilitating the goals of urban deer, bear, and coyote management. 79 (4) The city shall post the location of tracts approved for hunting on its website. 80 81 (c) Donated meat. Hunters are and shall be encouraged but are not required to Page | 18 of 82 donate the deer harvest to programs or organizations that will provide the meat to 83 needy persons. 84 85 (d) Violations. In addition to any penalties for violations of state hunting laws or 86 regulations, any person violating this section, or the rules and regulations promulgated 87 pursuant to this section, shall be guilty of a misdemeanor and subject to the general 88 penalties as provided in section 1-8 of this Code. Page | 19 of  Bill No. 8040 Introduced in Council: Adopted by Council: July 1, 2024 Introduced by: Referred to: Frank Annie and Chad Robinson Ordinance & Rules 1 Bill No. 8040 - A BILL to amend and reenact Sections 10-161, 10-162, and 10-163 of 2 the Municipal Code of the City of Charleston, as amended, relating to dogs running at 3 large, and the penalties and impoundment therefore. 4 5 Now, therefore, be it ordained by the Council of the City of Charleston: 6 7 That Division 3 of Article III of Chapter 10, specifically, Sections 10-161, 10-162, and 8 10-163 of the Municipal Code of the City of Charleston, as amended, are hereby 9 amended and reenacted to read as follows: 10 11 DIVISION 3. – IMPOUNDMENT 12 13 Sec. 10-161. – Dogs prohibited to run at large; fines. 14 15 (a) It shall be unlawful for any person to own or keep a dog which runs is at any time 16 running at large in the city. Knowledge or acquiescence by the owner or keeper is not 17 an element of the offense. A dog shall be deemed to be running at large if it is, for any 18 period of time, off the premises of its owner’s or keeper’s property and not firmly 19 attached to a leash or chain under the owner or keeper’s direct physical control, 20 Provided That, An animal a dog shall not be deemed to be running at large if: 21 22 (1) The dog is firmly attached to a leash or chain under the physical control of its owner; 23 or 24 25 (2)(1) The dog is within a closed structure or within a fence enclosure with the 26 permission of the owner of the structure or fence enclosure; or 27 28 (3)(2) The dog has is wearing an operating electronic collar and is under the charge or 29 control of its owner or keeper who is operating an electronic pet containment system or 30 electronic training system for the animal., Provided That, 31 Notwithstandingnotwithstanding this subsection, all dogs on the public right-of-way in 32 the central business district zoning district (downtown area) must be kept on a leash or 33 chain under the direct physical control of its owner or keeper; or 34 35 (4)(3) The dog is under the supervision of its owner or keeper and is using an off-leash Page | 20 of 36 dog park in accordance with the rules and regulations for the off-leash dog park. 37 38 (b) Any dog on property without the permission of the property owner shall be deemed 39 to be a dog at large, and the owner or keeper of such animal shall be in violation of this 40 section. 41 42 (c) The provisions of this section shall not apply to any persons who havehas a physical 43 disability or visual impairment, areis using a service dogs, and can provide upon 44 demand by ana humane officer or police officer adequate documentation that the 45 service dog is an animal trained by an accredited institution which trains dogs for 46 service work for the physically disabled or visually impaired. 47 48 (d) Any person found guilty of dog running at large as defined herein shall be punished 49 by a fine as follows: $30.00 not more than $50.00 for the first offense within a 24-month 50 period; $40.00 for the second offense within a 24-month period; $60.00 for the third 51 offense within a 24-month period; $100.00 for the fourth offense within a 24-month 52 period; and $250.00 for the fifth and not less than $50.00 nor more than $500.00 for any 53 second or subsequent offenses within a 24-month period of a conviction for a prior 54 offense. The municipal court judge shall have no authority to suspend or reduce the 55 fine; provided that with regard to a fifth or subsequent offense within a 24-month period, 56 the municipal court judge shall have the authority to reduce the fine to an amount no 57 less than $100.00 if the defendant agrees to forfeit ownership of the animaldog. In such 58 cases all interest of the animal shall vest to the human association for appropriate 59 disposition. All fines arising from convictions for violations of this section shall be in 60 addition to any applicable court costs or impoundment fees. 61 62 Sec. 10-162. - Aggressive dogs prohibited to run at large defined; fines. 63 64 (a) It shall be unlawful for any person to own or keep an aggressive dog which runs is at 65 any time running at large in the city. Knowledge or acquiescence by the owner or 66 keeper is not an element of the offense. An aggressive dog at large means any dog 67 running at large as defined in Section 10-161 that, without provocation, exhibits 68 aggressive or combative behavior toward a person or another domestic animal, whether 69 said person or domestic animal is physically attacked or bitten. 70 71 (b) Any person found guilty of an aggressive dog at large shall be punished by a fine as 72 follows: $60.00 not more than $50.00 for the first offense within a 24-month period; 73 $80.00 for the second offense within a 24-month period; $120.00 for the third offense 74 within a 24-month period; $200.00 for the fourth offense within a 24-month period; and 75 $500.00 for a fifth or not less than $50.00 nor more than $1,000.00 for any second or 76 subsequent offense within a 24-month period of a conviction for a prior offense. The 77 municipal court judge shall have no authority to suspend or reduce the fine; provided 78 that with regard to a fifth or subsequent offense within a 24-month period, the municipal 79 court judge shall have the authority to reduce the fine to an amount no less than 80 $100.00 if the defendant agrees to forfeit ownership of the animaldog. In such cases all 81 interest of the animal shall vest to the human association for appropriate disposition. All Page | 21 of  82 fines arising from convictions for violations of this section shall be in addition to any 83 applicable court costs or impoundment fees. 84 85 Sec. 10-163. - Impounding, redemption and disposition of dog running at large. 86 87 (a) A dog found running at large within the corporate limits of the city contrary to the 88 provisions of sectionSection 10-161 or Section 10-162 may be impounded at the 89 humane association by a humane officer or police officer. The humane officer or police 90 officer shall make a record of all dogs so impounded with their description, date of 91 impoundment and rabies vaccination number. 92 93 (b) The owner of any dog impounded pursuant to the provisions of this article must 94 appear and claim the said dog within five days from the date the dog is impounded. If 95 or, upon expiration of the dog is not claimed within five days of impoundment, thenfive- 96 day time period, the owner shall be deemed to have forfeited all interest in the dog and 97 the dog it shall be deemed abandoned. All interest in such dog shall immediately, by 98 operation of law, vest to the humane association for adoption or other disposition. If the 99 owner appears to claim the dog within the five-day time period, said dog may be 100 released to him or her only upon satisfaction of the following conditions: 101 102 (1) Proof that the dog is currently immunized against rabies, or, in the absence of such 103 proof, reimbursement to the humane association for the costs incurred for administering 104 a rabies vaccine or providing a voucher for a rabies vaccine; 105 106 (2) Proof that the dog is currently licensed pursuant to Sections 10-141 and 10-142 of 107 Division 2 of this Article, and, if required, registered pursuant to West Virginia Code 108 Section 19-20-2, or, in the absence of such proof, reimbursement to the humane 109 association for any costs incurred for obtaining a valid dog license and license tag, and, 110 if required, certificate of registration and registration tag; 111 112 (2)(3) Reimbursement to the humane association for any and all reasonable expenses 113 incurred for necessary medical care provided to the dog; and 114 115 (3)(4) Payment of the following fees to the humane association: 116 117 a.(A) Impoundment and initial board fee for the first 24-hour period or any part thereof of 118 $30.00; 119 120 b.(B) An additional fee of $5.00 for each additional 24-hour period up to a maximum of 121 five days. 122 Page | 22 of  Bill No. 8040 Committee Substitute Introduced in Council: Adopted by Council: July 1, 2024 Introduced by: Referred to: Frank Annie and Chad Robinson Ordinance & Rules 1 Bill No. 8040 Committee Substitute - A BILL to amend and reenact Sections 10-161, 2 10-162, and 10-163 of the Municipal Code of the City of Charleston, as amended, 3 relating to dogs running at large, and the penalties and impoundment therefore. 4 5 Now, therefore, be it ordained by the Council of the City of Charleston: 6 7 That Division 3 of Article III of Chapter 10, specifically, Sections 10-161, 10-162, and 8 10-163 of the Municipal Code of the City of Charleston, as amended, are hereby 9 amended and reenacted to read as follows: 10 11 DIVISION 3. – IMPOUNDMENT 12 13 Sec. 10-161. – Dogs prohibited to run at large; fines. 14 15 (a) It shall be unlawful for any person to own or keep a dog which runs is at any time 16 running at large in the city. Knowledge or acquiescence by the owner or keeper is not 17 an element of the offense. A dog shall be deemed to be running at large if it is, for any 18 period of time, off the premises of its owner’s or keeper’s property and not firmly 19 attached to a leash or chain under the owner or keeper’s direct physical control, 20 Provided That, An animal a dog shall not be deemed to be running at large if: 21 22 (1) The dog is firmly attached to a leash or chain under the physical control of its owner; 23 or 24 25 (2)(1) The dog is within a closed structure or within a fence enclosure with the 26 permission of the owner of the structure or fence enclosure; or 27 28 (3)(2) The dog has is wearing an operating electronic collar and is under the charge or 29 control of its owner or keeper who is operating an electronic pet containment system or 30 electronic training system for the animal., Provided That, 31 Notwithstandingnotwithstanding this subsection, all dogs on the public right-of-way in 32 the central business district zoning district (downtown area) must be kept on a leash or 33 chain under the direct physical control of its owner or keeper; or 34 35 (4)(3) The dog is under the supervision of its owner or keeper and is using an off-leash Page | 23 of 36 dog park in accordance with the rules and regulations for the off-leash dog park. 37 38 (b) Any dog on property without the permission of the property owner shall be deemed 39 to be a dog at large, and the owner or keeper of such animal shall be in violation of this 40 section. 41 42 (c) The provisions of this section shall not apply to any persons who havehas a physical 43 disability or visual impairment, areis using a service dogs, and can provide upon 44 demand by ana humane officer or police officer adequate documentation that the 45 service dog is an animal trained by an accredited institution which trains dogs for 46 service work for the physically disabled or visually impaired. 47 48 (d) Any person found guilty of dog running at large as defined herein shall be punished 49 by a fine as follows: $30.00 not more than $50.00 for the first offense within a 24-month 50 period; $40.00 for the second offense within a 24-month period; $60.00 for the third 51 offense within a 24-month period; $100.00 for the fourth offense within a 24-month 52 period; and $250.00 for the fifth and not less than $50.00 nor more than $500.00 for any 53 second or subsequent offenses within a 24-month period of a conviction for a prior 54 offense. The municipal court judge shall have no authority to suspend or reduce the 55 fine; provided that with regard to a fifth or subsequent offense within a 24-month period, 56 the municipal court judge shall have the authority to reduce the fine to an amount no 57 less than $100.00 if the defendant agrees to forfeit ownership of the animaldog. In such 58 cases all interest of the animal shall vest to the human association for appropriate 59 disposition. All fines arising from convictions for violations of this section shall be in 60 addition to any applicable court costs or impoundment fees. 61 62 Sec. 10-162. - Aggressive dogs prohibited to run at large defined; fines. 63 64 (a) It shall be unlawful for any person to own or keep an aggressive dog which runs is at 65 any time running at large in the city. Knowledge or acquiescence by the owner or 66 keeper is not an element of the offense. An aggressive dog at large means any dog 67 running at large as defined in Section 10-161 that, without provocation, exhibits 68 aggressive or combative behavior toward a person or another domestic animal, whether 69 and said person or domestic animal is either physically attacked or bitten, or the person 70 or domestic animal’s owner or keeper reasonably believes an attack or bite is imminent. 71 72 (b) Any person found guilty of an aggressive dog at large shall be punished by a fine as 73 follows: $60.00 not more than $50.00 for the first offense within a 24-month period; 74 $80.00 for the second offense within a 24-month period; $120.00 for the third offense 75 within a 24-month period; $200.00 for the fourth offense within a 24-month period; and 76 $500.00 for a fifth or not less than $50.00 nor more than $1,000.00 for any second or 77 subsequent offense within a 24-month period of a conviction for a prior offense. The 78 municipal court judge shall have no authority to suspend or reduce the fine; provided 79 that with regard to a fifth or subsequent offense within a 24-month period, the municipal 80 court judge shall have the authority to reduce the fine to an amount no less than 81 $100.00 if the defendant agrees to forfeit ownership of the animaldog. In such cases all Page | 24 of  82 interest of the animal shall vest to the human association for appropriate disposition. All 83 fines arising from convictions for violations of this section shall be in addition to any 84 applicable court costs or impoundment fees. 85 86 Sec. 10-163. - Impounding, redemption and disposition of dog running at large. 87 88 (a) A dog found running at large within the corporate limits of the city contrary to the 89 provisions of sectionSection 10-161 or Section 10-162 may be impounded at the 90 humane association by a humane officer or police officer. The humane officer or police 91 officer shall make a record of all dogs so impounded with their description, date of 92 impoundment and rabies vaccination number. 93 94 (b) The owner of any dog impounded pursuant to the provisions of this article must 95 appear and claim the said dog within five days from the date the dog is impounded. If 96 or, upon expiration of the dog is not claimed within five days of impoundment, thenfive- 97 day time period, the owner shall be deemed to have forfeited all interest in the dog and 98 the dog it shall be deemed abandoned. All interest in such dog shall immediately, by 99 operation of law, vest to the humane association for adoption or other disposition. If the 100 owner appears to claim the dog within the five-day time period, said dog may be 101 released to him or her only upon satisfaction of the following conditions: 102 103 (1) Proof that the dog is currently immunized against rabies, or, in the absence of such 104 proof, reimbursement to the humane association for the costs incurred for administering 105 a rabies vaccine or providing a voucher for a rabies vaccine; 106 107 (2) Proof that the dog is currently licensed pursuant to Sections 10-141 and 10-142 of 108 Division 2 of this Article, and, if required, registered pursuant to West Virginia Code 109 Section 19-20-2, or, in the absence of such proof, reimbursement to the humane 110 association for any costs incurred for obtaining a valid dog license and license tag, and, 111 if required, certificate of registration and registration tag; 112 113 (2)(3) Reimbursement to the humane association for any and all reasonable expenses 114 incurred for necessary medical care provided to the dog; and 115 116 (3)(4) Payment of the following fees to the humane association: 117 118 a.(A) Impoundment and initial board fee for the first 24-hour period or any part thereof of 119 $30.00; 120 121 b.(B) An additional fee of $5.00 for each additional 24-hour period up to a maximum of 122 five days. 123 Page | 25 of