2017 West Virginia Code
CHAPTER 19. AGRICULTURE.
ARTICLE 20D. PRIVATE CAUSE OF ACTION FOR THE HUMANE DESTRUCTION OF A DOG.
§19-20D-3. Order of the magistrate court.
(a) If the trier of fact finds by clear and convincing evidence that the dog which is the subject of the action under this article has attacked the petitioner and caused personal injuries requiring medical treatment in the amount of $2,000 or more or that the dog attacked the petitioner and within the twelve month period prior to the attack had engaged in a separate attack causing personal injury requiring medical treatment, then the court shall order the owner of the dog to have the dog euthanized.
(b) The magistrate court shall issue and file a written order that sets forth the following:
(1) Findings of fact and conclusions of law; and
(2) If the court orders euthanasia, a specific date upon which the owner of the dog must have the euthanasia performed and a direction that documentation be mailed to the petitioner and filed with the court by a specific date showing that the procedure was performed.
(c) If the court does not order euthanasia, the court shall order that the petition be dismissed with prejudice.
(d) The court may award reasonable attorney fees and costs to the prevailing party.
