Barre, Vermont

Burlington, Vermont

Barre, Vermont

Code Town of Barre Vermont

ARTICLE I. IN GENERAL

Art. II. Animals, §§ 4-26--4-65

Div. 1. Generally, §§ 4-26--4-40

Div. 2. Rabies Control, §§ 4-41--4-65

ARTICLE II. ANIMALS*

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*State law references: State control of animals generally, 20 V.S.A. § 3341 et seq.; authority of municipalities to regulate the keeping of dogs, 24 V.S.A. § 2291(10).

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DIVISION 1. GENERALLY

Sec. 4-26. Delinquent dog license fee.

The town clerk-treasurer shall collect the sum of five dollars ($5.00) plus all state fees for the issuance of a delinquent dog license to any dog owner or keeper.

(Ord. of 2-17-76; Ord. of 10-23-01, §§ 1, 2)

Secs. 4-27--4-40. Reserved.

DIVISION 2. RABIES CONTROL*

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*Cross references: Public safety, Ch. 5.

State law references: Rabies act, 20 V.S.A. § 3801 et seq.

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Sec. 4-41. Justification.

The justification of this division is to prevent rabies in humans. Rabies is transmitted through the saliva of a rabid animal, usually by biting. Rabies preventive measures must be started as soon as rabies is detected in the biting animal. Once the symptoms of rabies occur, the disease is fatal. Detection of rabies in animals is only possible after death by tests on brain tissue. These procedures will help determine if an animal was rabid at the time the bite occurred.

(Ord. of 11-5-85, § 1)

Sec. 4-42. Purpose.

The purpose of this division is to:

(1)     Improve safety of animal bite victims;

(2)     Standardize response to animal bites.

(Ord. of 11-5-85, § 2)

Sec. 4-43. Reporting animal bites.

All animal bites must be reported immediately to the police department and the town health officer.

(Ord. of 11-5-85, § 3)

Sec. 4-44. Quarantine in veterinary facilities.

There shall be a ten-day quarantine in a veterinary facility for the following:

(1)     All dogs and cats that cause face or throat bites;

(2)     Any animal where quarantine on the owner's or custodian's premises cannot be provided to the satisfaction of the health officer or police department.

(Ord. of 11-5-85, § 4; Ord. of 12-18-01, §§ 1, 2)

Sec. 4-45. Quarantine on owner, custodian's property.

A quarantine of an animal on the owner's or custodian's property must meet the following guidelines:

(1)     Animals shall not leave the property during the quarantine period;

(2)     Animals shall be inside a building with controlled human access and shall be either hitched by a chain or caged;

(3)     A warning sign shall be posted on the owner's or custodian's premises. The sign is to be a sign adopted by the board of selectmen and shall be conspicuously posted in a place designated by the town health officer or town police department's investigating officer;

(4)     The animal may be taken outdoors on a leash for urination or defecation purposes only;

(5)     Any change in disposition or manner shall be immediately reported by the owner or custodian to the town police department or town health officer.

(Ord. of 11-5-85, § 4)

Sec. 4-46. Charges for quarantine service.

The owner or custodian of any animal shall be liable for all veterinary custodial or treatment (including destruction) charges. No animal shall be released to its owner or custodian until such charges are paid. If upon the termination of the quarantine period the owner or custodian fails to pay the charges to the veterinary facility within forty-eight (48) hours of termination, the town is authorized to pay the charges and recover same through the town attorney under section 4-50.

(Ord. of 11-5-85, § 4)

Sec. 4-47. Destruction of rabid animals.

(a)     When required there shall be the immediate destruction of an animal and transportation of the head to the public health laboratory of the state department of health for rabies testing. The animal's brain must not be damaged.

(b)     The option in subsection (a) will be used for all animal bites except dog or cat bites and other animals, such as pets, where in the opinion of the town health officer immediate destruction is not warranted.

(c)     The option in subsection (a) may be used for all animals if the animal has no owner or custodian, is injured or sick, or if quarantine is deemed not practical for any reason deemed reasonable by the town health officer.

(Ord. of 11-5-85, § 4)

Sec. 4-48. Precautions.

Animals in quarantine shall not be vaccinated for rabies. Rabies vaccination shall not guarantee an animal is not rabid nor relieve any owner or custodian of an animal from complying with this division.

(Ord. of 11-5-85, § 5)

Sec. 4-49. Violation and penalty.

Any person who directly or indirectly violates the civil provisions of this division or interferes with their enforcement shall be in violation of this division. A violation of this division shall be a civil matter enforced in accordance with the provisions of 24 V.S.A. sections 1974(a) and 1977 et. seq. The civil penalty for an initial violation of this division shall be an amount not less than one hundred ten dollars ($110.00). An amount not less than two hundred ten dollars ($210.00) shall be assessed for the second offense within a six-month period and an amount not less than four hundred ten dollars ($410.00) for each subsequent offense within a six-month period.

The waiver fee shall be set at fifty dollars ($50.00) for the first offense, one hundred ten dollars ($110.00) for the second offense within a six-month period and two hundred ten dollars ($210.00) for each subsequent offense within a six-month period. Each day the violation continues shall constitute a separate violation of this article. Nothing in this article shall limit the town attorney's ability to pursue alternative and simultaneous legal action, including but not limited to injunctive relief, to ensure compliance with this division.

(Ord. of 12-18-2001, §§ 1, 2)

Note: See the editor's note following § 4-50.

Secs. 4-50--4-65. Reserved.

Editor's note: An ordinance adopted Dec. 18, 2001, repealed former §§ 4-49, Appeals, and 4-50, Penalties, derived from an ordinance adopted Nov. 5, 1985, §§ 6, 7.

Burlington, Vermont

Code of Ordinances City of Burlington Vermont

Chapter 5 ANIMALS AND FOWL*

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*Editor's note: An ordinance adopted June 23, 1997, amended the Code by deleting Ch. 5 in its entirety and replacing said chapter with new provisions, which have been set out herein. The former provisions pertained to similar subject matter and were derived from Rev. Ords. 1962, §§ 2606, 2608, 2801--2809, and 4255; 1969 Cum. Supp. §§ 2804--2809; and subsequent amendatory ordinances.

Charter references: Authority of city council to regulate keeping of dogs, § 48(XX); authority to appoint pound keeper, § 122.

Cross references: Animals prohibited in parks, § 22-13; disturbing birds' nests or eggs or animals in parks prohibited, § 22-14; hitching horses to trees in parks, § 22-15.

State law references: Control of animals generally, 20 V.S.A. § 3341 et seq.

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Article I. In General

Sec. 5-1. Pound established.

Sec. 5-2. Appointment of poundkeepers; compensation.

Sec. 5-3. Animal bites.

Sec. 5-4. Nuisance animals.

Sec. 5-5. Exotic animals.

Sec. 5-6. Use of non-domesticated animals for public display prohibited.

Secs. 5-6--5-12. Reserved.

Article II. Dogs

Sec. 5-13. Definitions.

Sec. 5-14. At-large prohibited.

Sec. 5-15. License and rabies vaccination required.

Sec. 5-16. License fees.

Sec. 5-17. Removal of dog waste required.

Secs. 5-18--5-23. Reserved.

Article III. Enforcement and Impoundment

Sec. 5-24. Penalties.

Sec. 5-25. Impoundment.

Sec. 5-26. Cruelty.

Sec. 5-27. Animal control committee.

ARTICLE I. IN GENERAL

Sec. 5-1. Pound established.

There shall be established by the city council a pound for the impounding of all beasts liable to be impounded.

(Ord. of 6-23-97)

Sec. 5-2. Appointment of poundkeepers; compensation.

It shall be the duty of the mayor to appoint such poundkeepers as may be required to take care of and keep such pound as may be established. Their compensation shall be the same as provided by the laws of this state for poundkeepers in towns.

(Ord. of 6-23-97)

Cross references: Duties of officers of the city, § 2-4.

Sec. 5-3. Animal bites.

It shall be the duty of every person bitten, or his or her parent or guardian, and the attending physicians to report to the city health officer within twenty-four (24) hours the name, address and telephone number of the owner or keeper of the animal which bit the person and the complete circumstances.

(Ord. of 6-23-97)

Sec. 5-4. Nuisance animals.

No owner, keeper or other person having control shall permit an animal to be a nuisance animal. For the purposes of this section, nuisance animal means any animal or animals which:

(1)     Molests or harasses passersby or passing vehicles;

(2)     Attacks other animals;

(3)     Damages property other than that of its owner;

(4)     Defecates off the premises of the animal's owner, and the owner, or other individual in control of the animal, fails to remove such deposit immediately;

(5)     Barks, whines, howls or cries in an excessive and continuous fashion so as to disturb the peace and quiet of any other person.

(Ord. of 6-23-97)

Sec. 5-5. Exotic animals.

(a)     Purpose and findings: The purpose of this section is to enhance the public safety of persons who are present on the district known as the Church Street Marketplace (the Marketplace) and in the city's parks by regulating the presence of "exotic" animals on the Marketplace and in the city's parks. The council finds that such pets can pose a threat to the public health, safety, and welfare if present on the Marketplace and in city parks. Such pets are unlicensed and are not typically leashed, as is required of domestic dogs.

(b)     Definitions: "Exotic pet" means all animals except domestic dogs, domestic cats and the European ferret (Mustela putorious furo).

(c)     General prohibition: No person shall have an exotic pet or permit their exotic pet to be on or about the Marketplace or within a city park unless expressly approved by the Marketplace Director or Parks Department respectively or exempted under the terms of this section.

(d)     Exemptions: A person may have or permit an exotic pet to be on or about the Marketplace or within a city park when done to transport the pet directly from a pet store in the vicinity of the Marketplace or city park after purchase of such pet or to return such pet to said pet store. The person must retain a receipt for the purchase of such pet and shall display the receipt upon demand from any animal control officer, law enforcement officer, or other person duly authorized to enforce animal control ordinances.

(Ord. of 10-27-03, eff. 12-3-03)

Sec. 5-6. Use of non-domesticated animals for public display prohibited.

(a)     Purpose. This section is intended to assist in the prevention of the mistreatment of non-domesticated animals used in any public display, to reduce risk of harm to the public from accidents and incidents involving such animals, and to reduce the public health risk associated with diseases and pathogens carried by such animals.

(b)     Definitions.

(1)     Non-domesticated animals are defined as Felidae (all wild cats and hybrids thereof), Ursidae (all bears), Proboscideae (all elephants), and Non-human Primates and Prosimians.

(2)     Public display shall mean the exhibition, presentation or showing of live non-domesticated animals to the general public regardless of whether for profit, on a not for profit basis or without charge.

(c)     Prohibition. The public display of live non-domesticated animals within the corporate limits of the city is prohibited.

(Ord. of 9-7-04; eff. 10-13-04)

Secs. 5-6--5-12. Reserved.

ARTICLE II. DOGS*

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*Cross references: Dogs prohibited in cemetery, § 9-14.

State law references: Dog generally, 20 V.S.A. § 3541 et seq.; authority of municipality to regulate keeping dogs, 24 V.S.A. § 2291(10).

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Sec. 5-13. Definitions.

The following definitions shall apply to this article:

At-large. At-large shall mean not under the control of the owner, or another individual either by leash, cord, chain or other similar means of physical restraint.

Dog. Dog shall include both male and female of the canine species. Dog shall also mean any animal which is considered to be a wolf-hybrid as defined in 20 V.S.A. § 3541(6).

Enforcement official. Enforcement official when used herein shall mean any animal control officer, police officer, poundkeeper or other individual specifically designated by the city council to enforce the provisions of this chapter.

Owner. Owner shall include any person or persons, firm, association or corporation owning, keeping or harboring a dog.

Vicious dog. Vicious dog shall mean a dog which attacks or bites a person or other domestic pet while the dog is off the premises of the owner or keeper, and the person or pet attacked or bitten requires medical attention. Vicious dog complaints shall be investigated pursuant to section 5-27(b).

(Ord. of 6-23-97; Ord. of 4-17-00)

Sec. 5-14. At-large prohibited.

(a)     Prohibition. Except as exempted below, no person shall permit a dog owned by him or her or under his or her control to be at-large as defined in section 5-13 or to trespass upon the property of another, public or private.

(b)     Exemptions. A dog may be at-large if it is:

(1)     On the premises of the dog's owner;

(2)     On the premises of the person under whose control the dog is under;

(3)     On the premises of another person as long as that person has given permission for the dog to be at-large;

(4)     In a designated off-leash dog area managed and regulated by the board of parks and recreation commissioners.

(Ord. of 6-23-97; Ord. of 4-17-00)

Sec. 5-15. License and rabies vaccination required.

(a)     Licensing. Every owner or keeper of a dog more than six (6) months old shall be required to annually register and license the animal in themanner prescribed by the city with the city clerk's office. The license shall expire on the first day of April next after its issuance. Upon issuance of such license and payment of the license fee as required in section 5-16 of this chapter, each dog owner shall receive a dog license tag.

(b)     Rabies vaccination. Proof of a current rabies vaccination, as required by state law, shall be required for the licensing of any animal.

(c)     Fixture of tag. The dog license tag issued to any person as provided herein shall be securely attached to a collar or harness on such licensed dog.

(Ord. of 6-23-97; Ord. of 8-14-00)

State law references: Control of rabies 20 V.S.A. § 3801 et seq.; immunization required, 20 V.S.A. § 4003.

Sec. 5-16. License fees.

In addition to the license fee and any penalty fee required by state law, the fee for each license required by this article shall be ten dollars ($10.00) for each neutered dog and fourteen dollars ($14.00) for each non-neutered dog.

(Ord. of 6-23-97; Ord. of 6-25-01)

State law references: Similar provisions, 20 V.S.A. § 3581.

Sec. 5-17. Removal of dog waste required.

The owner, keeper or person in control of any dog shall be responsible for the removal of any defecation deposited by such dog on any public or private property.

(Ord. of 6-23-97)

Secs. 5-18--5-23. Reserved.

ARTICLE III. ENFORCEMENT AND IMPOUNDMENT

Sec. 5-24. Penalties.

An offense of any provision of this chapter by any person shall be deemed a civil ordinance violation and shall be punishable by the following penalties:

(1)     First offense. A first offense of any provision of this chapter in any twelve-month period shall be punishable by a fine of no less than fifty dollars ($50.00) and no more than one hundred dollars ($100.00). The waiver fine shall be fifty dollars ($50.00).

(2)     Second offense. A second offense of any provision of this chapter in any twelve-month period shall be punishable by a fine of no less than one hundred dollars ($100.00) and no more than two hundred dollars ($200.00). The waiver fine shall be one hundred dollars ($100.00).

(3)     Third and subsequent offenses. A third or subsequent offense of any provision of this chapter in any twelve-month period shall be punishable by a fine of no less than two hundred dollars ($200.00) and no more than five hundred dollars ($500.00). The waiver fine shall be one hundred fifty dollars ($150.00).

In addition to the penalties provided in this section, any animal found in violation of this chapter may be impounded as provided in section 5-25 of this chapter.

(Ord. of 6-23-97)

Sec. 5-25. Impoundment.

(a)     Authority to impound. Dogs in violation of any provision of this chapter may be taken by the enforcement officer and impounded in the city pound and there confined in a humane manner.

(b)     Impoundment fees. Any dog impounded under the provisions of this chapter shall be released only on payment of a twenty-five dollars ($25.00) impounding fee; provided, however, that any dog impounded for the second time in any twelve-month period shall be released only on payment of a fifty dollar ($50.00) impounding fee, and if so captured three (3) or more times in any twelve-month period it shall be released only upon payment of a seventy-five dollar ($75.00) impounding fee.

(c)     Boarding fee. In addition to the impound fee charged herein there shall be an additional charge of six dollars ($6.00) per day for board for each day the dog is impounded, except that if an animal is claimed up to three (3) hours after impoundment, the owner will be responsible for one-half day's boarding fee. If an animal is claimed within two (2) hours of opening business hours on the following business day, the owner will not be charged for that day's boarding fee.

(d)     City clerk to collect fees before releasing dog. It shall be the duty of the city clerk to collect all pound and board fees before releasing a dog.

(e)     Unlicensed dogs to be licensed before release. If an impounded dog is unlicensed, in addition to the impounding and boarding fees set forth herein, the dog shall not be released without the payment of the license fee required by section 5-17, except that if the impounded dog has not had its proper vaccinations to be registered a thirty-five dollar ($35.00) cash deposit shall be posted with the city clerk or his or her designated agent(s) until proof of registration is presented. A dog released under cash deposit shall be registered within two (2) working days after its release. If the dog is not registered within the time period set forth herein, the cash deposit shall be forfeited and the owner of the animal shall be subject to additional penalties under the provisions of 20 V.S.A. Chapter 193.

(f)     Disposition of unredeemed dogs. If any impounded dog with a current and effective license established by proof of a dog license tag, is not redeemed within (7) days of its impoundment, it shall be sold or given away. If any impounded dog without a current and effective license established by proof of a dog license tag, is not redeemed within (5) days of its impoundment, it shall be sold or given away. Any proceeds from the sale of any impounded dog shall first be allocated to taxes, fees and other charges related to the impoundment. Any balance then remaining shall be paid to the owner if any is found. If proceeds from the sale of the unredeemed dog do not cover the costs associated with the impoundment, the balance of sums owed under this chapter may be collected in a civil action brought under this section. If any unredeemed dog is not sold or given away because of disease, temperament or other cause, it shall be destroyed in a humane way. The impoundment period may be waived by the poundkeeper in case of a severely injured animal whose owner cannot be located or is unwilling to claim the animal.

(g)     Interference with impoundment. Any person who interferes with the impounding of a dog under provisions of this article or releases, or who attempts to release, an impounded dog contrary to this article shall be in violation of this chapter.

(h)     Notice of impoundment. Within twenty-four (24) hours of the impoundment of any dog under this chapter, the enforcement officer shall make every reasonable attempt to notify the owner of the impounded dog of such impoundment. Such notice shall include either personal contact with the owner or a written notice posted at the dwelling house of the owner.

(Ord. of 6-23-97)

State law references: Notice by impounder, 20 V.S.A. § 3413.

Sec. 5-26. Cruelty.

Any person who shall torture, torment or cruelly neglect to provide with necessary sustenance or shelter, or shall cruelly beat or needlessly mutilate or illegally kill any animal, or any person who shall cause any animal to be tortured, tormented, or fight with other animals, or deprived of necessary sustenance or to be cruelly beaten or needlessly mutilated or illegally killed shall be guilty of a misdemeanor offense and shall be punishable by a fine of from one hundred dollars ($100.00) to five hundred dollars ($500.00).

(Ord. of 6-23-97)

Sec. 5-27. Animal control committee.

(a)     Animal control committee established. For purposes of this section, an animal control committee is established. The animal control committee will be a subcommittee of the Burlington Police Commission and shall consist of three (3) commission members to be appointed on an as needed basis by the chair of the Burlington Police Commission. The designated animal control officer shall be the prosecuting officer for any violation brought before the committee.

(b)     Vicious dogs. Upon written complaint by a city resident that a dog is alleged to be vicious as defined in section 5-13(e), the animal control committee may hold a hearing on the facts of the complaint and, if the dog is found to be vicious, make such order as necessary to protect the public. Such order may include, but is not limited to, any of the following: confinement in a secure enclosure or other similar restriction, muzzling adoption, or destruction in a humane manner. In addition, the animal control committee may revoke the privilege of any owner to keep, harbor or have custody of any animals while in the city and that no new privileges be granted.

(c)     Repeated impoundment. In the event that any dog shall be impounded three (3) or more times in a twelve-month period, the animal control committee may, at the request of an enforcement officer, or in their discretion, hold a hearing after which they may make such order as is necessary to protect the public. Such order may include, but is not limited to, any of the following: confinement in a secure enclosure or other similar restriction, muzzling adoption, or destruction in a humane manner. In addition, the animal control committee may revoke the privilege of any owner to keep, harbor or have custody of any animals while in the city and that no new privileges be granted.

(d)     Penalty for violation of orders. Any person who violates any provision of any order of the animal control committee shall be guilty of a misdemeanor offense and shall be punishable by a fine of from one hundred dollars ($100.00) to five hundred dollars ($500.00).

(Ord. of 6-23-97; Ord. of 8-14-00)