Subchapter 2. Pounds and Impounding
§ 3382. Penalty for failure to maintain pound - § 3382. Repealed by 2017, Adj. Sess., No. 130, § 9, eff. July 1, 2018
§ 3383. Impounding, when no pounds
§ 3384. Security to poundkeeper
Article 2. Impounding Generally; Proceedings
§ 3412. Poundkeeper's duties and liabilities
§ 3414. Liability for failure to give notice
§ 3416. Ascertainment of damages; discharge on payment
§ 3417. Application to district judge
§ 3418. Forfeiture for failure to replevy or redeem
§ 3420. Procedure when owner unknown
§ 3421. Payment of damages and charges or sale of beasts
Article 3. Animals Running at Large
§ 3451. Cattle, horses or swine
Article 4. Breaking Open Pound; Escapes and Rescues
§ 3481. Breaking open pound; unlawful release
§ 3484. Taking beast from, or impeding impounder
§ 3485. Limitation of prosecution
(a)(1) Each organized town shall maintain as many good and sufficient pounds as it may need for the impounding of animals liable to be impounded.
(2) 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.
(b) Each town may regulate the operation of its pounds except as to matters regulated by law.
Credits
1963, No. 74, § 1; 2017, Adj. Sess., No. 130, § 9, eff. July 1, 2018.
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 - § 3382. Repealed by 2017, Adj. Sess., No. 130, § 9, eff. July 1, 2018
Former Text:
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
§ 3383. Impounding, when no pounds
If a town does not have such pound, a person wishing to impound an animal may use his or her barn or some other enclosure for that purpose, notifying the owner of such animal where the same is impounded.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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 an animal, the poundkeeper may require sufficient security to indemnify him or her for liability for detaining the animal, 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 animal and deliver the same to the owner or keeper, and the person impounding the animal shall be liable to the poundkeeper for his or her costs, trouble and expense.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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
A person may impound an animal found in his or her enclosure doing damage.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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 animal with food and drink while in the pound, and such keeper shall be liable to pay the owner of such animal damages occasioned by neglecting so to do.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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.
The person impounding such animal, within 24 hours thereafter, shall give notice thereof to the owner or person having the care of such animal, 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 animal.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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 an animal does not give such notice, he or she shall forfeit to such owner or keeper $.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.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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.
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 the animal, and make a certificate of the amount of damages, and promptly transmit the certificate to the poundkeeper. An impounded animal shall not be discharged until the damages, charges, and costs are paid, nor shall an animal be detained after payment is made.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018; 2021, No. 20, § 194, eff. July 1, 2021.
§ 3417. Application to district judge
If the owner or keeper of an animal 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.
Credits
1965, No. 194, § 10; 1973, Adj. Sess., No. 249, § 74; 2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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 an animal impounded does not, within 48 hours after notice of the impoundment pursuant to the provisions of this chapter, either replevy or redeem the animal, he or she shall be liable to the poundkeeper for $3.00 for each animal left in pound, plus an additional $3.00 for each additional day the animal is left in pound. The poundkeeper may recover the amount in a civil action.
Credits
1981, Adj. Sess., No. 114, § 2; 2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018; 2021, No. 20, § 195, eff. July 1, 2021.
If the owner or keeper of an animal impounded does not, within 48 hours after notice thereof, replevy or redeem the same, the impounder may advertise and sell the animal, as provided when the owner is unknown.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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 an animal 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 animal was impounded, and in two adjoining towns, describing such animal and stating the time when and place where the same was impounded.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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 animal, 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 animal, the impounder may sell the same at public auction, after six days' notice posted in some public place in the town.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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.
If the owner, within 30 days after the posting of such advertisement, appears and claims the animal, 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 animal, the impounder may sell the same at public auction, after six days' notice posted in some public place in the town.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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.
Immediately after the sale, the impounder shall cause a description of the animal, with an account of the associated damages, charges, and expenses pursuant to the provisions of this chapter, and the sum for which it was sold, to be recorded in the office of the clerk of the town.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018; 2021, No. 20, § 196, eff. July 1, 2021.
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.
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.
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 animals taken doing damage when the owner is unknown.
Credits
1959, No. 262, § 34; 2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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.
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 an animal impounded, without authority so to do, shall be fined $25.00 and shall be liable to the person impounding for the damages occasioned thereby.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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.
If an animal 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 animal shall be held for the payment of the fees and charges, as in this chapter provided. In case the animal 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.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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.
A person who hinders or impedes a poundkeeper or impounder in retaking an animal shall be fined $10.00 and shall pay the damages to the person injured.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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 an animal 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.
Credits
2017, Adj. Sess., No. 130, § 10, eff. July 1, 2018.
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.