by Olivia Murray
omurray@dominionpost.com
Winter in West Virginia is characterized by heavy snow showers, sleet, ice and frigid temperatures. During this season, it is especially important to ensure pets are well-fed, have suitable shelter, and are protected from freezing temperatures.
While the Monongalia County Sheriff’s Department adheres to animal neglect and abuse laws established by the state of West Virginia, cities within the county have the option to include their own ordinances regarding the matter. However, few ordinances and codes established by cities and towns in the county provide specifics on outdoor animal treatment during the cold seasons.
The city of Morgantown does address the issue of caring for animals in accordance with temperature in its Code of Ordinances under its general offenses code.
Article 505, section 505.03 of the code defines “adverse environmental conditions” as follows: “When ambient temperature is 32 degrees Fahrenheit or below in the immediate vicinity of a dog, domestic companion animal, or service animal, or there are other cold weather or precipitation-related environmental conditions, including, but not limited to, wind, rain, snow, ice, sleet, or hail, such that a person should reasonably know would pose an adverse risk to the health or safety of a dog, domestic companion animal, or service animal based on the animal’s size, age, physical condition, or thickness of the animal’s hair or fur…”
The section also states temperatures of 90 degrees Fahrenheit or above fall under adverse environmental conditions.
If a resident of the city of Morgantown is found to be in violation of the city’s cruelty to animals code, which includes lack of proper care in adverse environmental conditions, that resident will be subject to a misdemeanor conviction resulting in a fine between $300 and $500 or a maximum of 30 days in jail or both, according to code.
Additionally, the code states: “Any person convicted of a violation of this section forfeits his or her interest in any animal subject of the conviction…” This would result in the animal being taken to the county humane society or animal shelter.
Meanwhile, Star City’s animal neglect laws are less detailed. The Codified Ordinances of Star City do contain an article 505, section 505.01, which states: “No person shall intentionally, knowingly, or recklessly … withhold shelter that protects [an animal] from elements of weather…” This code does not define “elements of weather,” nor does it offer guidance in regard to temperature.
The Codified Ordinances of Westover reads the same as that of Star City under article 505, section 505.02.
Ruth Ann Shinn, president and treasurer of the Monongalia County Humane Society, said residents who believe they have witnessed animal abuse or neglect should contact the Monongalia County Canine Adoption Center.
Dana Johnson, director of Monongalia County Canine Adoption Center and Animal Control, elaborated on what concerned residents should do and how residents can protect their pets.
“In the county, [an animal] can be outside 24 hours a day. There is no state law that says [an animal] has to be brought in once it hits a certain temperature. The only requirement is that [an animal] has to have a [shelter] that has bedding inside of it, a roof and walls, and has to have access to water and food,” Johnson said.
Johnson referred back to Morgantown’s Code of Ordinances to demonstrate the variance of definitions of animal abuse and neglect in regards to temperature and weather across the county.
She said if a resident perceives an animal is lacking the required amenities based on their area’s codes and becomes concerned, they can contact the Canine Adoption Center during business hours.
The center is open 10 a.m.-4:30 p.m. Monday-Friday. Call: 304-291-7267.
If the concern arises outside business hours, Johnson recommended that residents contact 911.
“It is important to know that law enforcement in every municipality and in the county investigates every [concern] that’s called in. Once it’s been investigated, there’s not anything else that can be done because that animal owner is not breaking the law,” Johnson said.
Johnson added that animal treatment in the winter requires caution and compassion.
“It’s always nice to bring animals inside; they do get cold,” Johnson said.
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