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Vermont

West's Vermont Statutes Annotated. Title Twenty. Internal Security and Public Safety. Part 8. Animals. Chapter 191. Control Generally. Subchapter 2. Pounds and Impounding

Statute Details
Printable Version
Citation: 20 V.S.A. 3381 - 3485

Citation: VT ST T. 20 3381 - 3485


Last Checked by Web Center Staff: 10/2013

Summary:   The following Vermont statutes require that each organized Vermont town maintain a pound or else the town will be fined $30.00. The statutes also provide provisions for impounding an animal, retrieving an impounded animal, failing to retrieve an impounded animal, and assessing damages of an impounded animal, amongst other topics.


Statute in Full:

Subchapter 2. Pounds and Impounding

Article 1. General Provisions

 § 3381. Maintenance of pounds

 § 3382. Penalty for failure to maintain pound

 § 3383. Impounding, when no pounds

 § 3384. Security to poundkeeper

Article 2. Impounding Generally; Proceedings

 § 3411. Right to impound

 § 3412. Poundkeeper's duties and liabilities

 § 3413. Notice by impounder

 § 3414. Liability for failure to give notice

 § 3415. Appraisers of damages

 § 3416. Ascertainment of damages; discharge on payment

 § 3417. Application to district judge

 § 3418. Forfeiture for failure to replevy or redeem

 § 3419. Sale of beasts

 § 3420. Procedure when owner unknown

 § 3421. Payment of damages and charges or sale of beasts

 § 3422. Proceeds of sale

 § 3423. Record of sale

Article 3. Animals Running at Large

 § 3451. Cattle, horses or swine

 § 3452. Notice

 § 3453. Sale

 § 3454. Stallions

Article 4. Breaking Open Pound; Escapes and Rescues

 § 3481. Breaking open pound; unlawful release

 § 3482. Escapes and rescues

 § 3483. Hindering retaking

 § 3484. Taking beast from, or impeding impounder

 § 3485. Limitation of prosecution

 

Article 1. General Provisions

§ 3381. Maintenance of pounds

Each organized town shall maintain as many good and sufficient pounds as it may need for the impounding of beasts liable to be impounded. The pound may be kept in an adjacent town if the adjacent town consents and the poundkeeper may be a resident of an adjacent town. Each town may regulate the operation of its pounds except as to matters regulated by statute.

CREDIT(S)

1963, No. 74, § 1.

Formerly: V.S. 1947, § 7552; P.L. 1933, § 8216; G.L. 1917, § 6668; P.S. 1906, § 5561; V.S. 1894, § 4764; R.L. 1880, § 3975; G.S. 1862, 100, § 1; R.S. 1840, 88, § 1; R. 1797, p. 365, § 1; R. 1787, p. 118.

 

§ 3382. Penalty for failure to maintain pound

If a town, for the term of six months at one time, is without such pound, it shall be fined $30.00.

CREDIT(S)

Formerly: V.S. 1947, § 7553; P.L. 1933, § 8217; G.L. 1917, § 6669; P.S. 1906, § 5562; V.S. 1894, § 4765; R.L. 1880, § 3976; G.S. 1862, 100, § 6; R.S. 1840, 88, § 2; R. 1797, p. 365, § 1; R. 1787, p. 118.

 


§ 3383. Impounding, when no pounds

If a town does not have such pound, a person wishing to impound a beast may use his or her barn or some other enclosure for that purpose, notifying the owner of such beast where the same is impounded.

CREDIT(S)

Formerly: V.S. 1947, § 7554; P.L. 1933, § 8218; G.L. 1917, § 6670; P.S. 1906, § 5563; V.S. 1894, § 4766; R.L. 1880, § 3977; G.S. 1862, 100, § 3; R.S. 1840, 88, § 3; R. 1797, p. 365, § 1.

 

§ 3384. Security to poundkeeper

When a person impounds a beast, the poundkeeper may require sufficient security to indemnify him or her for liability for detaining the beast, and for supplying it with food and drink while in the pound. If the person so impounding does not furnish such security within 24 hours, he or she may release the beast and deliver the same to the owner or keeper, and the person impounding the beast shall be liable to the poundkeeper for his or her costs, trouble and expense.

CREDIT(S)

Formerly: V.S. 1947, § 7574; P.L. 1933, § 8238; G.L. 1917, § 6690; P.S. 1906, § 5583; V.S. 1894, § 4786; R.L. 1880, § 3997; G.S. 1862, 100, § 27; 1859, No. 27, § 1.

 

Article 2. Impounding Generally; Proceedings


§ 3411. Right to impound

A person may impound a beast found in his or her enclosure doing damage.

CREDIT(S)

Formerly: V.S. 1947, § 7555; P.L. 1933, § 8219; G.L. 1917, § 6671; P.S. 1906, § 5564; V.S. 1894, § 4767; R.L. 1880, § 3978; G.S. 1862, 100, § 4; R.S. 1840, 88, § 4; R. 1797, p. 366, § 3; R. 1787, p. 149.

 


§ 3412. Poundkeeper's duties and liabilities

The poundkeeper shall supply such beast with food and drink while in the pound, and such keeper shall be liable to pay the owner of such beast damages occasioned by neglecting so to do.

CREDIT(S)

Formerly: V.S. 1947, § 7555; P.L. 1933, § 8219; G.L. 1917, § 6671; P.S. 1906, § 5564; V.S. 1894, § 4767; R.L. 1880, § 3978; G.S. 1862, 100, § 4; R.S. 1840, 88, § 4; R. 1797, p. 366, § 3; R. 1787, p. 149.

 

§ 3413. Notice by impounder

The person impounding such beast, within 24 hours thereafter, shall give notice thereof to the owner or person having the care of such beast, either personally, or by a written notice left at his or her dwelling house. Such notice shall require such owner or keeper to appear at the dwelling house of the impounder within 24 hours to appoint appraisers to fix the damage done by such beast.

CREDIT(S)

Formerly: V.S. 1947, § 7556; P.L. 1933, § 8220; G.L. 1917, § 6672; P.S. 1906, § 5565; V.S. 1894, § 4768; R.L. 1880, § 3979; G.S. 1862, 100, § 5; R.S. 1840, 88, § 5; R. 1797, p. 367, § 4; R. 1795, p. 13; R. 1787, p. 118.

 


§ 3414. Liability for failure to give notice

If a person so impounding a beast does not give such notice, he or she shall forfeit to such owner or keeper $0.50 for every 24 hours' neglect so to do, and shall pay the damages which such owner or keeper sustains in consequence thereof, to be recovered with costs in a civil action.

CREDIT(S)

Formerly: V.S. 1947, § 7557; P.L. 1933, § 8221; G.L. 1917, § 6673; P.S. 1906, § 5566; V.S. 1894, § 4769; R.L. 1880, § 3980; G.S. 1862, 100, § 9; R.S. 1840, 88, § 9; R. 1797, p. 367, § 4; R. 1787, p. 118.

 

§ 3415. Appraisers of damages

If the owner or keeper appears, he or she may appoint one person and the impounder another, to appraise such damage. If such appraisers do not agree, they may appoint a third.

CREDIT(S)

Formerly: V.S. 1947, § 7558; P.L. 1933, § 8222; G.L. 1917, § 6674; P.S. 1906, § 5567; V.S. 1894, § 4770; R.L. 1880, § 3981; G.S. 1862, 100, § 6; R.S. 1840, 88, § 6; R. 1797, p. 367, § 4; R. 1795, p. 13.

 

§ 3416. Ascertainment of damages; discharge on payment

The appraisers shall ascertain the damages done by such beast, and make a certificate of the amount thereof, and forthwith transmit the same to the poundkeeper. A beast so impounded shall not be discharged until such damages, charges and costs are paid, nor shall a beast be detained after such payment is made.

CREDIT(S)

Formerly: V.S. 1947, § 7560; P.L. 1933, § 8224; G.L. 1917, § 6676; P.S. 1906, § 5569; V.S. 1894, § 4772; R.L. 1880, § 3983; G.S. 1862, 100, § 8; R.S. 1840, 88, § 8; R. 1797, p. 367, § 4; R. 1795, p. 14.

 


§ 3417. Application to district judge

If the owner or keeper of a beast impounded does not appear, or does not appoint an appraiser, or if the appraisers appointed by the parties do not agree upon a third person, the impounder may apply to a district judge who by law can judge between the parties in civil causes, who shall appoint one or more appraisers, as the case requires.

CREDIT(S)

1965, No. 194, § 10; 1973, Adj. Sess., No. 249, § 74.

Formerly: V.S. 1947, § 7559; P.L. 1933, § 8223; G.L. 1917, § 6675; 1908, No. 62; P.S. 1906, § 5568; V.S. 1894, § 4771; R.L. 1880, § 3982; G.S. 1862, 100, § 7; R.S. 1840, 88, § 7; R. 1797, p. 367, § 4; R. 1795, p. 13.

 


§ 3418. Forfeiture for failure to replevy or redeem

If the owner or keeper of a beast impounded does not, within 48 hours after notice thereof as aforesaid, either replevy or redeem the same, he or she shall forfeit $3.00 for each beast so by him or her suffered to remain in pound, and the same sum for every day thereafter he or she so suffers such beast to remain in pound, and pay the charges to the poundkeeper. Such forfeiture shall be recovered by the poundkeeper for his or her use in a civil action.

CREDIT(S)

1981, Adj. Sess., No. 114, § 2.

Formerly: 1955, No. 11; V.S. 1947, § 7561; P.L. 1933, § 8225; G.L. 1917, § 6677; P.S. 1906, § 5570; V.S. 1894, § 4773; R.L. 1880, § 3984; G.S. 1862, 100, § 10; R.S. 1840, 88, § 10; R. 1797, p. 365, § 6; R. 1787, p. 119.

 


§ 3419. Sale of beasts

If the owner or keeper of a beast impounded does not, within 48 hours after notice thereof, replevy or redeem the same, the impounder may advertise and sell the beast, as provided when the owner is unknown.

CREDIT(S)

Formerly: V.S. 1947, § 7562; P.L. 1933, § 8226; G.L. 1917, § 6678; P.S. 1906, § 5571; V.S. 1894, § 4774; R.L. 1880, § 3985; G.S. 1862, 100, § 28; 1859, No. 27, § 2.

 

§ 3420. Procedure when owner unknown

If the owner of a beast taken in an enclosure, doing damage and impounded, is unknown, the impounder shall, within 48 hours, post an advertisement in some public place in the town in which the beast was impounded, and in two adjoining towns, describing such beast and stating the time when and place where the same was impounded.

CREDIT(S)

Formerly: V.S. 1947, § 7563; P.L. 1933, § 8227; G.L. 1917, § 6679; P.S. 1906, § 5572; V.S. 1894, § 4775; R.L. 1880, § 3986; G.S. 1862, 100, § 11; R.S. 1840, 88, § 11; R. 1797, p. 369, § 7; R. 1787, p. 118.

 

 

§ 3421. Payment of damages and charges or sale of beasts

If the owner, within 30 days after the posting of such advertisement, appears and claims the beast, he or she may receive the same on paying the damages done by it and the charges of impounding, keeping and advertising. If the owner does not appear within the time and claim such beast, the impounder may sell the same at public auction, after six days' notice posted in some public place in the town.

CREDIT(S)

Formerly: V.S. 1947, § 7564; P.L. 1933, § 8228; G.L. 1917, § 6680; 1917, No. 254, § 6508; P.S. 1906, § 5573; V.S. 1894, § 4776; R.L. 1880, § 3987; G.S. 1862, 100, §§ 12, 13; R.S. 1840, 88, §§ 12, 13; R. 1797, p. 370, § 8; R. 1787, p. 119.

 


§ 3422. Proceeds of sale

The avails of the sale shall be applied to the payment of the damages done by the beast, to be ascertained by the fence viewers, and the expense of impounding, keeping, advertising, ascertaining the damages done, town clerk's fees and selling the beast. The balance shall be paid to the treasurer of the town in which the beast was impounded, to the use of the owner, if demanded within one year, otherwise to the use of the town.

CREDIT(S)

Formerly: V.S. 1947, § 7565; P.L. 1933, § 8229; G.L. 1917, § 6681; P.S. 1906, § 5574; V.S. 1894, § 4777; R.L. 1880, § 3988; G.S. 1862, 100, § 14; R.S. 1840, 88, § 14; R. 1797, p. 369, § 7; R. 1787, p. 118.

 


§ 3423. Record of sale

Immediately after the sale, the impounder shall cause a description of the beast, with an account of the damages, charges and expenses aforesaid, and the sum for which it was sold, to be recorded in the office of the clerk of the town.

CREDIT(S)

Formerly: V.S. 1947, § 7566; P.L. 1933, § 8230; G.L. 1917, § 6682; P.S. 1906, § 5575; V.S. 1894, § 4778; R.L. 1880, § 3989; G.S. 1862, 100, § 15; R.S. 1840, 88, § 15; 1827, No. 18, § 2; R. 1797, p. 370, § 8; R. 1787. p. 119.

 

Article 3. Animals Running at Large


§ 3451. Cattle, horses or swine

If a person suffers his or her neat cattle, horses, or swine to run at large on the highways or commons, any person may impound them. The owner shall pay the charges of the impounder and poundkeeper, and the poundkeeper shall not release such animals until the charges are paid.

CREDIT(S)

Formerly: V.S. 1947, § 7568; P.L. 1933, § 8232; G.L. 1917, § 6684; P.S. 1906, § 5577; V.S. 1894, § 4780; R.L. 1880, § 3991; G.S. 1862, 100, § 19; 1861, No. 26; R.S. 1840, 88, § 19; R. 1799, p. 9; R. 1797, p. 599, § 1; R. 1787, p. 149.

 


§ 3452. Notice

When such animals are impounded, the poundkeeper shall, within 24 hours, post a notice in a public place in the town, describing the animals and stating the time and place of impounding and the time and place of sale.

CREDIT(S)

Formerly: V.S. 1947, § 7569; P.L. 1933, § 8233; G.L. 1917, § 6685; P.S. 1906, § 5578; V.S. 1894, § 4781; R.L. 1880, § 3992; G.S. 1862, 100, § 25; R.S. 1840, 88, § 24; 1827, No. 18, § 1.

 


§ 3453. Sale

If the owner of the animals, within 20 days, pays the poundkeeper his or her fees, including his or her reasonable expenses for advertising and the reasonable expense of keeping, with the impounder's fees, the animals shall be released, otherwise they shall be sold by the poundkeeper at public auction, and the avails shall be applied as in case of the sale of beasts taken doing damage when the owner is unknown.

CREDIT(S)

1959, No. 262, § 34.

Formerly: V.S. 1947, § 7570; P.L. 1933, § 8234; G.L. 1917, § 6686; P.S. 1906, § 5579; V.S. 1894, § 4782; R.L. 1880, § 3993; G.S. 1862, 100, § 26; R.S. 1840, 88, § 25; 1827, No. 18.

 


§ 3454. Stallions

A stallion found running at large may be impounded. Within 48 hours, the impounder shall notify the owner or keeper thereof. If the owner or keeper does not, within three days after such notice, pay to the impounder such damages as are assessed by three disinterested freeholders, appointed by a justice of the peace or a district judge of the county, with the costs and expenses of impounding, appraising, and the poundkeeper's charge of $50.00 per day, the impounder may sell the stallion at public auction to satisfy the same, giving four days' notice of the time and place of sale, and the balance, after paying the damage and expenses, shall be paid to the treasurer of the town in which the stallion was impounded, for the use of the owner, if demanded within one year, otherwise to the use of the town.

CREDIT(S)

1965, No. 194, § 10; 1997, No. 16, § 3.

 

Article 4. Breaking Open Pound; Escapes and Rescues

§ 3481. Breaking open pound; unlawful release

A person who breaks open a pound, or directly or indirectly releases a beast impounded, without authority so to do, shall be fined $25.00 and shall be liable to the person impounding for the damages occasioned thereby.

CREDIT(S)

Formerly: V.S. 1947, § 7571; P.L. 1933, § 8235; G.L. 1917, § 6687; P.S. 1906, § 5580; V.S. 1894, § 4783; R.L. 1880, § 3994; G.S. 1862, 100, § 21; R.S. 1840, 88, § 22; R. 1797, p. 372, § 11; R. 1787, p. 120.

 


§ 3482. Escapes and rescues

If a beast escapes, or is unlawfully rescued from a pound, such beast may, within five days thereafter, be retaken wherever found and again impounded by the keeper of the pound, or by the person impounding it, and the beast shall be held for the payment of the fees and charges, as in this chapter provided. In case the beast was rescued with the knowledge and assent of the owner or keeper, it shall be held for the payment of the reasonable expense and trouble which accrues in retaking the same, to be paid to the poundkeeper, like other charges and expenses.

CREDIT(S)

Formerly: V.S. 1947, § 7572; P.L. 1933, § 8236; G.L. 1917, § 6688; P.S. 1906, § 5581; V.S. 1894, § 4784; R.L. 1880, § 3995; G.S. 1862, 100, § 22; 1856, No. 49. § 1.

 

 

§ 3483. Hindering retaking

A person who hinders or impedes a poundkeeper or impounder in retaking a beast shall be fined $10.00 and shall pay the damages to the person injured.

CREDIT(S)

Formerly: V.S. 1947, § 7573; P.L. 1933, § 8237; G.L. 1917, § 6689; P.S. 1906, § 5582; V.S. 1894, § 4785; R.L. 1880, § 3996; G.S. 1862, 100, § 23; 1856, No. 49, § 2.

 

 

§ 3484. Taking beast from, or impeding impounder

A person who rescues a beast from the custody of a person driving or about to drive it to pound, or resists him in so doing, shall be fined $10.00 and shall pay the damages to the person injured.

CREDIT(S)

Formerly: V.S. 1947, § 7575; P.L. 1933, § 8239; G.L. 1917, § 6691; P.S. 1906, § 5584; V.S. 1894, § 4787; R.L. 1880, § 3998; G.S. 1862, 100, § 20; R.S. 1840, 88, § 21; R. 1797, p. 372, § 11; R. 1787, p. 120.

 


§ 3485. Limitation of prosecution

Prosecutions under the provisions of this subchapter shall be commenced within one year after the commission of the offense, and not after.

CREDIT(S)

Formerly: V.S. 1947, § 7576; P.L. 1933, § 8240; G.L. 1917, § 6692; P.S. 1906, § 5585; V.S. 1894, § 4788; R.L. 1880, § 3999; G.S. 1862, 100, § 24; R.S. 1840, 88, § 23; R. 1797, p. 372, § 11; R. 1787, p. 120.


 



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