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Vermont

West's Vermont Statutes Annotated. Title Twenty. Internal Security and Public Safety. Part 8. Animals. Chapter 193. Domestic Pet or Wolf-Hybrid Control. Subchapter 2. Licenses. Article 2. Killing Unlicensed Dogs; Subchapter 5. Control of Rabies

Statute Details
Printable Version
Citation: 20 V.S.A. 3621 - 3626; 3806; 20 V.S.A. 3806 - 3809

Citation: VT ST T. 20 3621 - 3626; VT ST T. 20 3806 - 3809


Last Checked by Web Center Staff: 10/2013

Summary:   These Vermont statute provide the law for seizure, confinement of, and destruction of dogs and domestic wolf-hybrids.  It also includes a warrant form necessary for local authorities to seize and impound an offending dog or wolf-hybrid.


Statute in Full:

Title Twenty. Internal Security and Public Safety. Part 8. Animals. Chapter 193. Domestic Pet or Wolf-Hybrid Control. Subchapter 2. Licenses. Article 2. Killing Unlicensed Dogs.

§ 3621. Issuance of warrant to impound; complaint

§ 3622. Form of warrant

§ 3623. Constable to make complaints

§ 3624. Who may destroy; fees

§ 3625. Return by officers

§ 3626. Certificate to state's attorney

§ 3627. Repealed

Title Twenty. Internal Security and Public Safety. Part 8. Animals. Chapter 193. Domestic Pet or Wolf-Hybrid Control. Subchapter 5. Control of Rabies

§ 3806. Confining or impounding a domestic pet or wolf-hybrid

§ 3807. Killing a domestic pet or wolf-hybrid

§ 3808. Fees for killing domestic pets or wolf-hybrids

§ 3809. Killing a domestic pet or wolf-hybrid which attacks a person or domestic animal

 

 

Title Twenty. Internal Security and Public Safety. Part 8. Animals. Chapter 193. Domestic Pet or Wolf-Hybrid Control. Subchapter 2. Licenses. Article 2. Killing Unlicensed Dogs.

§ 3621. Issuance of warrant to impound; complaint

(a) The legislative body of a municipality may at any time issue a warrant to one or more police officers or constables, pound keepers, or elected or appointed animal control officers, directing them to proceed forthwith to impound all dogs or wolf-hybrids within the town or city not licensed according to the provisions of this subchapter, except as exempted by section 3587 of this title, and to enter a complaint against the owners or keepers thereof. A dog or wolf-hybrid impounded by a municipality under this section may be transferred to an animal shelter or rescue organization for the purpose of finding an adoptive home for the dog or wolf-hybrid. If the dog or wolf-hybrid cannot be placed in an adoptive home or transferred to a humane society or rescue organization within ten days, or a greater number of days established by the municipality, the dog or wolf-hybrid may be destroyed in a humane way. The municipality shall not be liable for expenses associated with keeping the dog or wolf-hybrid at the animal shelter or rescue organization beyond the established number of days.

(b) A municipality may waive the license fee for a dog or wolf-hybrid impounded pursuant to subsection (a) of this section for the current year upon a showing of current vaccinations and financial hardship. In the event of waiver due to financial hardship, the state shall not receive its portion of a dog license fee.

CREDIT(S)

1977, Adj. Sess., No. 215, § 10; 1979, Adj. Sess., No. 92, § 2; 1993, Adj. Sess., No. 213, § 17; 2009, Adj. Sess., No. 121, § 3, eff. July 1, 2010.


 

§ 3622. Form of warrant

Such warrant shall be in the following form:

State of Vermont: )
 )
__________ County, ss. )


To _____________________________________________, constable or police officer of the town or city of ___________________________________:

By the authority of the state of Vermont, you are hereby commanded forthwith to impound all dogs and wolf-hybrids not duly licensed according to law, except as exempted by 20 V.S.A. § 3587; and you are further required to make and return complaint against the owner or keeper of any such dog or wolf-hybrid. A dog or wolf-hybrid that is impounded may be transferred to an animal shelter or rescue organization for the purpose of finding an adoptive home for the dog or wolf-hybrid. If the dog or wolf-hybrid cannot be placed in an adoptive home or transferred to a humane society or rescue organization within ten days, or a greater number of days established by the municipality, the dog or wolf-hybrid may be destroyed in a humane way.

Hereof fail not, and due return make of this warrant, with your doings thereon, within 90 days from the date hereof, stating the number of dogs or wolf-hybrids destroyed and the names of the owners or keepers thereof, and whether all unlicensed dogs or wolf-hybrids in such town (or city) have been destroyed, and the names of persons against whom complaints have been made under the provisions of 20 V.S.A. chapter 193, subchapters 1, 2, and 4, and whether complaints have been made and returned against all persons who have failed to comply with the provisions of such subchapter.

Given under our (my) hands at _______________ aforesaid, this __________ day of __________, 20 ___.

______________________________ 
Legislative Body 

CREDIT(S)

1977, Adj. Sess., No. 215, § 11; 1993, Adj. Sess., No. 213, § 18; 2011, Adj. Sess., No. 155, § 5, eff. July 1, 2012.

 

§ 3623. Constable to make complaints

A constable to whom such warrant has been issued shall make complaints therein required to be made to the town grand jurors.

NOTES, REFERENCES, AND ANNOTATIONS

History

Source. V.S. 1947, § 7614. P.L. § 8277. G.L. § 6727. P.S. § 5636. V.S. § 4833. R.L. § 4039. 1878, No. 108, § 5.

 

§ 3624. Who may destroy; fees

A police officer or constable shall humanely destroy or cause to be destroyed dogs or wolf-hybrids whenever a warrant has been issued authorizing such actions, except as exempted by section 3587 of this title. Any action must be taken within 90 days of the issuance of the warrant. The officer shall incinerate, bury or cause to be buried or otherwise properly dispose of their remains.

Any officers, other than those employed under regular pay, shall receive compensation for each dog or wolf-hybrid so destroyed as authorized by the legislative body of their respective towns. Bills for any services shall be approved by the legislative body of the municipality in which the dogs or wolf- hybrids are destroyed, and paid from moneys received under the provisions of this subchapter. 

NOTES, REFERENCES, AND ANNOTATIONS

History

Source. V.S. 1947, § 7614. P.L. § 8277. G.L. § 6727. P.S. § 5636. V.S. § 4833. R.L. § 4039. 1878, No. 108, § 5.

 

§ 3625. Return by officers

Each police officer or constable to whom such warrant is issued shall make the return therein directed to the authority issuing the warrant within 90 days from its date.

-- Amended 1977, No. 215 (Adj. Sess.), § 13, eff. April 12, 1978.

 

§ 3626. Certificate to state's attorney

The selectmen or mayor shall annually, within ten days from July 25, transmit a certificate, subscribed and sworn to, of the fact of the issue of such warrant, and whether the same has been duly executed and returned agreeably to the provisions of this chapter, to the state's attorneys of their respective counties, who shall prosecute town officers who fail to comply with the provisions of this subchapter.

NOTES, REFERENCES, AND ANNOTATIONS

History

Source. V.S. 1947, § 7616. P.L. § 8279. G.L. § 6729. P.S. § 5638. R. 1906, § 5499. V.S. § 4835. R.L. § 4041. 1876, No. 16, § 9.

 

§ 3627. Repealed



Title Twenty. Internal Security and Public Safety. Part 8. Animals. Chapter 193. Domestic Pet or Wolf-Hybrid Control. Subchapter 5. Control of Rabies 

§ 3806. Confining or impounding a domestic pet or wolf-hybrid

(a) Any person authorized to enforce state livestock disease control, health, wildlife, or criminal laws and any person authorized to enforce local ordinances may confine, or impound any domestic pet or wolf-hybrid when:

(1) It is suspected of having been exposed to rabies.

(2) It is believed to have been attacked by another animal which may be rabid.

(3) It has been attacked by a wild animal.

(4) It has been running at large in violation of any of the provisions of this subchapter.

(5) It has an unknown rabies vaccination history.

(b) In the event that a domestic pet or wolf-hybrid is confined or impounded under this section, the owner, if known, shall be notified within 24 hours. Notification may be accomplished by in-person communication, by telephone call, or by written statement sent to the last known address of the owner. If the owner's address is not known, notification may be posted in the municipal clerk's office and other usual places for public notice for a one-week period.

(c) Any domestic pet or wolf-hybrid which is considered a rabies suspect shall be managed in accordance with the rules of the department of health. Rules adopted by the department of health in accordance with this chapter shall provide for management of domestic pets or wolf-hybrids for whom there is no approved rabies vaccine.

-- Amended 1993, No. 213 (Adj. Sess.), § 25, eff. June 15, 1994.

 

§ 3807. Killing a domestic pet or wolf-hybrid

(a) When the legislative body, a municipal officer designated by the legislative body, the commissioner of the department of fish and wildlife, the commissioner of the department of health or the secretary of the agency of agriculture, food and markets reasonably suspects that a domestic pet or wolf- hybrid impounded under section 3806 of this title has been exposed to rabies, has been attacked by a rabid animal or has been running at large in violation of any of the provisions of this subchapter the official shall order the domestic pet or wolf-hybrid to be killed. However, if the official finds that it is not reasonable to suspect that a domestic pet or wolf-hybrid impounded under section 3806 of this title is rabid or has been exposed to rabies, the official may deliver the domestic pet or wolf-hybrid to the owner. When it is impractical to confine or impound a domestic pet or wolf-hybrid pursuant to section 3806 of this title, or when the owner of a domestic pet or wolf-hybrid confined or impounded cannot be ascertained, the officials may immediately order the domestic pet or wolf-hybrid to be killed.

(b) In the event that a domestic pet is suspected of exposing a human, pet, wolf-hybrid, or domestic animal to rabies, it shall be managed in accordance with the provisions of this subchapter and the rules of the department of health.

(c) Since there is no approved preexposure rabies vaccine for wolf-hybrids, until the commissioner finds and approves a rabies vaccine, any wolf-hybrid which bites or otherwise exposes a human, pet, or domestic animal to rabies shall immediately be destroyed and its head shall be sent to the state department of health for the purpose of testing its brain tissue for the presence of the disease. If an alternative means of testing is provided by rule of the department of health, that procedure may by substituted for the procedure described in this subsection. The legislative body of the municipality or a municipal officer designated by the legislative body shall be responsible for ensuring the provisions of this subsection are carried out.

-- Amended 1993, No. 213 (Adj. Sess.), § 26, eff. June 15, 1994; 2003, No. 42, § 2, eff. May 27, 2003.

 

§ 3808. Fees for killing domestic pets or wolf-hybrids

Officers shall be entitled to the same fees for killing domestic pets or wolf-hybrids under the provisions of this subchapter as are provided in section 3624 of this title. The owner of an impounded domestic pet or wolf-hybrid or the town, in case the owner of the domestic pet or wolf-hybrid cannot be identified, shall be liable for all such fees.

-- Amended 1993, No. 213 (Adj. Sess.), § 27, eff. June 15, 1994.

 

§ 3809. Killing a domestic pet or wolf-hybrid which attacks a person or domestic animal

Nothing in this subchapter shall be construed as preventing any person from killing a suspected rabid domestic pet or wolf-hybrid which attacks a person, another domestic pet or wolf-hybrid or domestic animal. A person so killing such domestic pet or wolf-hybrid shall not be held liable for damages for such killing.

-- Amended 1993, No. 213 (Adj. Sess.), § 28, eff. June 15, 1994.



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