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West's Vermont Statutes Annotated. Title Twenty. Internal Security and Public Safety. Part 8. Animals. Chapter 191. Control Generally. Subchapter 2. Pounds and Impounding. 20 V.S.A. (§ 3381 - 3485)
Title 20: Internal Security and Public Safety. Part 8. Animals.
Chapter 191. Control Generally. Subchapter 3. Abandoned Animals.
§ 3511 Abandoned animals, definition
§ 3512 Waiver of lien
§ 3513 Disposal of abandoned animals
Chapter 193: Domestic Pet or Wolf-Hybrid Control. Subchapter 1. General Provisions .
§ 3541. Definitions
§ 3541a. Feral animals; responsibility
§§ 3542 to 3544. Repealed
§ 3545. Right to kill domestic pets or wolf-hybrids generally
§ 3546. Investigation of vicious domestic pets or wolf-hybrids; order
§ 3547 . Repealed
§ 3548 . Application to unorganized towns and gores; supervisors
§ 3549 . Domestic pets or wolf-hybrids, regulation by towns
§ 3550 . Penalties; enforcement; municipal legislative body; Secretary
§ 3551 . Search warrants
Subchapter 2. Licenses. Article 1. General Provisions
§ 3581. General requirements
§ 3581a. Immunization
§ 3582. Dogs or wolf-hybrids obtained after April 1
§ 3582a. Repealed. 1977 (Adj. Sess.), § 15, eff. April 12, 1978.
§ 3583. Domestic pets and wolf-hybrids kept for breeding purposes
§ 3587. Dogs brought into state
§ 3588. Issuance of licenses; record of licenses
§ 3589. Record of licenses
§ 3590. List of dogs and wolf-hybrids not licensed
§ 3591. Transfer of license
§ 3592. Repealed. 1993, No. 213 (Adj. Sess.), § 32, eff. June 15, 1994.
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 Repealed. 1993, No. 213 (Adj. Sess.), § 32, eff. June 15, 1994.
Subchapter 3. Kennels
§ 3681 . Pet dealer permit
§ 3682 . Inspection of premises
§ 3683 . Quarantine of premises
§ 3684 . Offenses; bill of costs in prosecution
Subchapter 4. Damages by Dogs
§ 3741. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
§ 3742. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
§ 3743. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
§ 3744. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
§ 3745. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
§ 3746. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
§ 3747. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
§ 3748 . Action by sheep owner against dog owner
§ 3749 . Bounty on dog killing or worrying sheep
Subchapter 5. Control of Rabies
§ 3801. Rabies control authority
§ 3802. Quarantine
§ 3803. Notice
§ 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
§ 3811. Carcass disposal
§ 3812. Immunity from liability for volunteers
§ 3813. Vaccination administration
Subchapter 6. Dog, Cat, and Wolf-Hybrid Spaying and Neutering Program and Fund
§ 3814. Findings
§ 3815. Dog, cat, and wolf-hybrid spaying and neutering program
§ 3816. Animal spaying and neutering fund; creation
§ 3817. Rules adoption authority
CHAPTER 194. WELFARE OF ANIMALS
§ 3901. Definitions
§ 3901a Scope
§ 3902. Registration of fair
§ 3903. Animal shelters and rescue organizations
§ 3904. Repealed
§ 3905. Public auctions
§ 3906. Licensing of pet shops
§ 3907. Denial or revocation of registration or license
§ 3908 . Adoption of regulations
§ 3909. Sale of animals by humane society
§ 3910. Exceptions
§ 3911. Penalties
§ 3912. Commitment of animals to agency of agriculture, food and markets
§ 3913. Euthanasia certification
§ 3914. Special funds
§ 3915. Health certificate for transport into state
Subchapter 3. Sale of cats, dogs, and wolf-hybrids
§ 3921 . Sale of a cat, dog, or wolf-hybrid; restitution
§ 3922 . Challenge by pet dealer or pet shop
§ 3923 . Administrative penalties
§ 3924 . Exemptions
Title 10: Conservation and Development.
Chapter 115: HUNTING DOGS.
§ 5001. Hunting dogs; field training
§ 5002. Hunting dogs; field trials; fee
§ 5003. Retrieving dogs; field trials
§ 5004. Retriever field trials; fee
§ 5005. Repealed. 1983, No. 157 (Adj. Sess.), § 5.
§ 5006. Exemption; hunting license
§ 5007. Hunting black bear with dogs
§ 5008. Hunting coyote with aid of dogs; permit
§ 5009. Pursuing coyote with aid of dogs; landowner permission
CHAPTER 113. Game. SUBCHAPTER 2. Deer.
§ 4748 Dogs pursuing deer or moose
Title 20: Internal Security and Public Safety. Part 8. Animals.
Chapter 191. Control Generally. Subchapter 3. Abandoned Animals.
§ 3511 Abandoned animals, definition
An animal shall be deemed to be abandoned when it is placed in the custody of a veterinarian, veterinary hospital, boarding kennel, stable or other person or establishment for treatment, board or care and
(1) Having been placed in custody for a specific period of time, the animal is not removed at the end of the specific period and a notice to remove the animal within ten days thereafter has been given to the person placing the animal in custody by means of registered mail addressed to the last known address of the person or,
(2) Having been placed in custody for an unspecified period of time, the animal is not removed within ten days after notice to remove the animal has been given to the person placing the animal in custody by means of registered mail addressed to the last known address of the person.
-- 1967, No. 240 (Adj. Sess.), § 1, eff. Feb. 8, 1968.
The giving of notice as prescribed in section 3511 of this title shall be deemed a waiver of any lien on the animal for the treatment, board or care of the animal, but shall not relieve the owner of the animal of his contractual liability for the treatment, board or care furnished.
-- 1967, No. 240 (Adj. Sess.), § 2, eff. Feb. 8, 1968.
§ 3513 Disposal of abandoned animals
Any person having in his care, custody or control any abandoned animal as defined in section 3511 of this title may deliver the animal to any humane society or society for the prevention of cruelty to animals, or in the case of dogs, cats or other small animals to any pound maintained by or for any town within which the animal was abandoned, or he may sell the animal, the proceeds from the sale to be applied to the contractual liability incurred by the person placing the animal. If the person to whom the animal was abandoned is unable to sell the animal, it may be humanely euthanized by any veterinarian licensed to practice in Vermont.-- 1967, No. 240 (Adj. Sess.), § 3, eff. Feb. 8, 1968.
Chapter 193: DOMESTIC PET OR WOLF-HYBRID CONTROL
As used in this chapter:
(1) “Secretary” where no other department is referenced, means the secretary of the agency of agriculture, food and markets, and includes his or her designee.
(2) “Domestic animal” means those animals defined by 6 V.S.A. § 1151(2).
(3) “Domestic pet” or “pet” means any domestic dogs, domestic cats and ferrets. The term shall also include such other domestic animals as the secretary shall establish by rule, provided that the secretary finds that the animal has the potential to become an imminent danger to public health or welfare if not subjected to the provisions of this chapter.
(4) “Ferret” means only the European ferret (Mustela putorious furo).
(5) “Legislative body” means the legislative body of a town, city or incorporated village.
(6) “Owner” means any person who owns a domestic pet or wolf-hybrid and includes any person who has actual or constructive possession of the pet or wolf-hybrid. The term also includes those persons who provide feed or shelter to a domestic pet or wolf-hybrid.
(7) “Respondent” means a person alleged to have violated any provision of this chapter.
(8) “Wolf-hybrid” means an animal which is the progeny or descendant of a domestic dog (Canis familiaris) and a wolf (Canis lupus or Canis rufus). “Wolf-hybrid” also means an animal which is advertised, registered, licensed or otherwise described or represented as a wolf-hybrid by its owner or an animal which exhibits primary physical and behavioral wolf characteristics. The commissioner of the department of fish and wildlife shall adopt a rule describing primary physical and behavioral wolf characteristics.
(9) “Working farm dog” means a dog that is bred or trained to herd or protect livestock or poultry or to protect crops and that is used for those purposes and that is registered as a working farm dog pursuant to subsection 3581(a) of this title.
(10) “Pet dealer” means any person who sells or exchanges or who offers to sell or exchange cats, dogs, or wolf-hybrids, or any combination thereof, from three or more litters of cats, dogs, or wolf-hybrids in any 12-month period. This definition shall not apply to pet shops, animal shelters, or rescue organizations as those terms are defined in section 3901 of this title.
CREDIT(S)
1993, Adj. Sess., No. 213, § 2; 2003, No. 42, § 2; 2009, No. 48, § 7, eff. May 28, 2009; 2013, No. 30, § 1, eff. July 1, 2013.
§ 3541a. Feral animals; responsibility
It is not the intent of the General Assembly to require a person to be responsible under this chapter for a feral animal that takes up residence in a building other than the person's home, even if the person occasionally provides feed to the animal.
CREDIT(S)
2013, No. 30, § 2, eff. July 1, 2013.
§§ 3542 to 3544. Repealed
§ 3545. Right to kill domestic pets or wolf-hybrids generally
(a) A person may kill a domestic pet or wolf-hybrid that suddenly assaults him or her or when necessary to discontinue an attack upon the person or another person provided that the attack or assault does not occur while the domestic pet or wolf-hybrid is restrained, within an enclosure containing the domestic pet or wolf-hybrid, or on the premises of the owner.
(b) A domestic pet or wolf-hybrid found wounding, killing or worrying another domestic pet or wolf-hybrid, a domestic animal or fowl may be killed when the attendant circumstances are such that the killing is reasonably necessary to prevent injury to the animal or fowl which is the subject of the attack.
(Amended 1977, No. 215 (Adj. Sess.), § 1, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 1, eff. Feb. 28, 1980; 1993, No. 213 (Adj. Sess.), § 3, eff. June 15, 1994.)
§ 3546. Investigation of vicious domestic pets or wolf-hybrids; order
(a) When a domestic pet or wolf-hybrid has bitten a person while the domestic pet or wolf-hybrid is off the premises of the owner or keeper, and the person bitten requires medical attention for the attack, the person may file a written complaint with the legislative body of the municipality. The complaint shall contain the time, date, and place where the attack occurred, the name and address of the victim or victims, and any other facts that may assist the legislative body in conducting its investigation required by subsection (b) of this section.
(b) The legislative body, within seven days from receipt of the complaint, shall investigate the charges and hold a hearing on the matter. If the owner of the domestic pet or wolf-hybrid that is the subject of the complaint can be ascertained with due diligence, the owner shall be provided with a written notice of the time, date, and place of hearing and the facts of the complaint.
(c) If the domestic pet or wolf-hybrid is found to have bitten the victim without provocation, the municipal officials shall make such order for the protection of persons as the facts and circumstances of the case may require, including that the domestic pet or wolf-hybrid is disposed of in a humane way, muzzled, chained, or confined. The order shall be sent by certified mail, return receipt requested. A person who, after receiving notice, fails to comply with the terms of the order shall be subject to the penalties provided in section 3550 of this chapter.
(d) The procedures provided in this section shall apply if the domestic pet or wolf-hybrid is not a rabies suspect. If a member of the legislative body or a municipal official designated by the legislative body determines that the animal is a rabies suspect, the provisions of subchapter 5 of this chapter and the rules of the Department of Health shall apply.
(e) The procedures provided in this section shall not apply if the voters of a municipality, at a special or annual meeting duly warned for the purpose, have authorized the legislative body of the municipality to regulate domestic pets or wolf-hybrids by ordinances that are inconsistent with this section, in which case those ordinances shall apply.
Credits
1977, Adj. Sess., No. 215, § 2; 1993, Adj. Sess., No. 213, § 4; 2007, Adj. Sess., No. 121, § 15, eff. July 1, 2008; 2021, No. 20, § 197, eff. July 1, 2021.
§ 3547. Repealed. 1977, No. 215 (Adj. Sess.), § 15, eff. April 12, 1978.
§ 3548. Application to unorganized towns and gores; supervisors
The provisions of subchapters 1, 2, 4 and 5 of this chapter shall apply to unorganized towns and gores, and the duties imposed upon municipal clerks by this chapter shall, in unorganized towns and gores, be performed by the supervisors thereof.
(Amended 1993, No. 213 (Adj. Sess.), § 5, eff. June 15, 1994.)
§ 3549. Domestic pets or wolf-hybrids, regulation by towns
The legislative body of a city or town by ordinance may regulate the licensing, keeping, leashing, muzzling, restraint, impoundment, and destruction of domestic pets or wolf-hybrids and their running at large except that a legislative body of a city or town shall not prohibit or regulate the barking or running at large of a working farm dog when it is on the property being farmed by the person who registered the working farm dog, pursuant to subsection 3581(a) of this title, in the following circumstances:
(1) if the working farm dog is barking in order to herd or protect livestock or poultry or to protect crops; or
(2) if the working farm dog is running at large in order to herd or protect livestock or poultry or to protect crops.
Credits
1967, Adj. Sess., No. 300, § 1; 1993, Adj. Sess., No. 213, § 6; 2007, Adj. Sess., No. 121, § 16, eff. July 1, 2008; 2009, No. 48, § 8, eff. May 28, 2009; 2013, Adj. Sess., No. 162, § 2, eff. July 1, 2014.
§ 3550. Penalties; enforcement; municipal legislative body; Secretary
(a) A municipal legislative body or an officer designated by the Secretary may impose a civil penalty of up to $500.00 per violation in accordance with the provisions of this section.
(b) A municipal legislative body may impose penalties for violation of any provisions of subchapter 1 or 2, refusal to obtain a pet dealer permit under subchapter 3, or a refusal to comply with an order issued by a municipal officer under subchapter 5 of this chapter.
(c) An officer designated by the Secretary may impose penalties for violation of a rule adopted by a State agency under subchapter 5 of this chapter, violation of a quarantine order issued under subchapter 5 of this chapter, or refusal to comply with an order issued by a State officer under subchapter 5 of this chapter.
(d) In determining the amount of the civil penalty to be ordered, the legislative body or officer shall consider the following:
(1) the degree of actual or potential impact on public health, safety, and welfare resulting from the violation;
(2) whether the respondent has cured the violation;
(3) the presence of mitigating circumstances;
(4) whether the respondent knew or had reason to know the violation existed;
(5) the respondent's record of compliance;
(6) the deterrent effect of the penalty;
(7) the costs of enforcement; and
(8) the length of time the violation has existed.
(e) When the legislative body or officer has reasonable grounds to believe that a person has violated a provision of this chapter under its purview, the legislative body or officer may issue a notice of the alleged violation, which shall be delivered to the respondent in person or mailed to the respondent by registered mail. The notice of violation shall include:
(1) a civil penalty of up to $500.00;
(2) a brief description of the alleged violation and identification of the law alleged to have been violated;
(3) a statement that the respondent has a right to a hearing before the legislative body or a hearing officer designated by the Secretary at no cost to the respondent, a description of the procedures for requesting a hearing, and a statement that failure to request a hearing within 21 days of the date of mailing of the notice shall result in a final decision with no right of appeal; and
(4) if applicable, a directive that the respondent take actions necessary to achieve compliance with the law.
(f) A person who receives a notice of violation shall be offered an opportunity for a hearing before the legislative body or hearing officer, provided that the request for hearing is made in writing to the clerk of the municipality or the Secretary within 21 days after the date of mailing of the notice of violation. If the respondent does not request a hearing in a timely fashion, the decision shall be final and the penalty shall be payable within 35 days following mailing of the notice of violation. If the respondent does make a timely request for a hearing, the legislative body or hearing officer shall hold a hearing within 14 days of receipt of the request. After the hearing, the legislative body or hearing officer may affirm, reduce, or eliminate the penalty. The decision shall be delivered or mailed to the respondent in the same manner as the notice of violation and shall be effective five days following mailing of the decision or immediately following delivery of the decision.
(g) Imposition of a penalty under this subchapter precludes imposition of any other administrative or civil penalty under any other provision of law for the same violation.
(h) The civil penalty shall be paid to the enforcing agency or enforcing legislative body. If the respondent fails to pay the penalty within the time prescribed, the legislative body or Secretary may bring a collection action, including a small claims action, in the Civil Division of the Superior Court.
(i) A respondent aggrieved by a decision made following a hearing before the legislative body or hearing officer may appeal within 30 days of receipt of the decision to the Civil Division of the Superior Court, which shall consider the matter de novo.
(j) On application of a municipality or the Secretary, the Civil Division of the Superior Court shall have jurisdiction to enjoin the violation of any provision of this chapter. The Court may also authorize the seizure and disposition of domestic pets or wolf-hybrids when owners refuse to have the pets or wolf-hybrids inoculated or licensed, or when the Court determines that there is a threat to the public welfare.
Credits
1993, Adj. Sess., No. 213, § 7; 2013, No. 30, § 3, eff. July 1, 2013; 2015, No. 23, § 147, eff. July 1, 2015; 2021, No. 20, § 198, eff. July 1, 2021.
An officer who has attempted to seize a domestic pet or wolf-hybrid under sections 3546, 3549, 3624, 3806, or 3807 of this chapter and has not been permitted to search for or take the animal, may apply to a judicial officer authorized to issue search warrants for a warrant to search the properties of the owner of the animal or any other property if the officer has reasonable cause to believe that the animal may be on it. If the judicial officer is satisfied that there is a reasonable cause to believe that the animal is on a property, the judicial officer shall issue a search warrant authorizing a law enforcement officer of the State of Vermont to search the property and premises for the animal within a specified period of time not to exceed 10 days and to seize the animal. The warrant shall be served between the hours of 6:00 a.m. and 10:00 p.m. unless the warrant directs that it may be served at any time. The judicial officer may, by appropriate provision in the warrant, and for reasonable cause shown, authorize its execution at other times. The warrant shall designate the court to which it shall be returned.
Credits
1993, Adj. Sess., No. 213, § 8; 2021, Adj. Sess., No. 105, § 403, eff. July 1, 2022.
(a) A person who is the owner of a dog or wolf-hybrid more than six months old shall annually on or before April 1 cause it to be registered, numbered, described, and licensed on a form approved by the Secretary for one year from that day in the office of the clerk of the municipality in which the dog or wolf-hybrid is kept. A person who owns a working farm dog and who intends to use that dog on a farm pursuant to the exemptions in section 3549 of this title shall cause the working farm dog to be registered as a working farm dog and shall, in addition to all other fees required by this section, pay $5.00 for a working farm dog license. The owner of a dog or wolf-hybrid shall cause it to wear a collar and attach a license tag issued by the municipal clerk to the collar. Dog or wolf-hybrid owners shall pay for the license $4.00 for each neutered dog or wolf-hybrid, and $8.00 for each unneutered dog or wolf-hybrid. If the license fee for any dog or wolf-hybrid is not paid on or before April 1, its owner or keeper may thereafter procure a license for that license year by paying a fee of 50 percent in excess of that otherwise required.
(b) Before a person shall be entitled to obtain a license for a neutered dog or wolf-hybrid, he or she shall exhibit to the clerk a certificate signed by a duly licensed veterinarian showing that the dog or wolf-hybrid has been sterilized.
(c)(1) A mandatory license fee surcharge of $4.00 per license shall be collected by each city, town, or village for the purpose of funding the dog, cat, and wolf-hybrid spaying and neutering program established in chapter 193, subchapter 6 of this title.
(2) An optional license fee surcharge of up to $10.00 per license is to be implemented by the legislative body of a city, town, or village that has established an animal and rabies control program for the sole purpose of funding the rabies control program.
(3) The license fee surcharges in this subsection shall not be considered part of the license fee for purposes of calculating a penalty for late payment.
(d) Before obtaining a license for a dog or wolf-hybrid six months of age or older, a person shall deliver to the municipal clerk a certificate or a certified copy thereof issued by a duly licensed veterinarian, stating that the dog or wolf-hybrid has received a current preexposure rabies vaccination with a vaccine approved by the Secretary, and the person shall certify that the dog or wolf-hybrid described in the certificate or copy is the dog or wolf-hybrid to be licensed. The municipal clerk shall keep the certificates or copies thereof on file. The Secretary shall prescribe the size and format of rabies certificates. The owner of any such dog or wolf-hybrid shall maintain a copy of the rabies vaccination form and provide it to State or municipal officials upon request.
(e) For the purposes of licensing a dog or wolf-hybrid, a current vaccination against rabies means that:
(1) All dog and wolf-hybrid vaccinations recognized by State and local authorities shall be administered by a licensed veterinarian or under the supervision of a licensed veterinarian.
(2) All dogs and wolf-hybrids over three months of age shall be vaccinated against rabies. The initial vaccination shall be valid for 12 months. Within nine to 12 months of the initial vaccination, the animal must receive a booster vaccination.
(3) All subsequent vaccinations following the initial vaccination shall be valid for 36 months.
(4) All vaccinations, including the initial vaccination, shall be with a U.S. Department of Agriculture-approved three-year rabies vaccine product.
(f) In addition to the license fees assessed in subsections (a) and (c) of this section and section 3583 of this title, municipal clerks shall assess a $1.00 fee for each license sold. The clerks shall forward the fees collected under this subsection to the State Treasurer on or before the 15th day of May, September, and January of each year, together with an accounting of the licenses sold. The funds collected under this subsection are to be used for rabies control programs. For this purpose, on or before the 30th days of May, September, and January, the State Treasurer shall disburse the funds collected under this subsection as follows:
(1) Forty-five percent to the Fish and Wildlife Fund.
(2) Forty-five percent to the Commissioner of Health.
(3) Ten percent to the Secretary of Agriculture, Food and Markets.
Credits
1965, No. 36, § 1; 1966, Sp. Sess., No. 62, § 1; 1977, Adj. Sess., No. 215, § 3; 1979, Adj. Sess., No. 92, § 3; 1989, Adj. Sess., No. 256, § 10(a); 1993, Adj. Sess., No. 213, § 9; 2001, No. 39, § 5; 2003, No. 42, § 2; 2003, Adj. Sess., No. 163, §§ 37, 38; 2007, Adj. Sess., No. 153, § 13, eff. April 1, 2009; 2009, No. 48, § 9, eff. May 28, 2009; 2015, No. 57, § 31, eff. July 1, 2015; 2017, Adj. Sess., No. 113, § 144, eff. July 1, 2018; 2021, No. 20, § 199, eff. July 1, 2021.
Formerly: V.S. 1947, § 7600; P.L. 1933, § 8263; 1921, No. 209, § 1; 1919, No. 192, § 1; G.L. 1917, § 6715; 1912, No. 226, § 1; P.S. 1906, § 5623; 1900, No. 97, § 1; V.S. 1894, § 4821; 1894, No. 119, § 1; 1882, No. 12, § 1; R.L. 1880, § 4028; 1878, No. 108, §§ 1, 6; 1876, No. 16, § 1.
(a) An owner of a domestic pet or wolf-hybrid shall have that animal inoculated against rabies by a licensed veterinarian in accordance with section 3581 of this title, if applicable, and with rules adopted by the secretary.
(b) No rabies vaccine may be used for domestic pets unless it is first approved by the secretary.
(c) Until the secretary approves a rabies vaccine for use on wolf-hybrids, these animals shall be vaccinated with a vaccine approved by the secretary for domestic dogs and a veterinarian inoculating a wolf-hybrid in accordance with this section shall not be liable for the failure of the rabies vaccine to protect the animal from rabies nor for any adverse reaction that may be attributable to the vaccination.
(d) A person may use an approved vaccine to inoculate a feral feline that takes up residence in a building other than the person's home and need not use the services of a licensed veterinarian for this purpose.
(e) The secretary of the agency of agriculture, food and markets and the department of health shall provide notices to veterinarians designed to help them to inform people about the provisions of this section regarding cats, wolf-hybrids and other domestic pets.
(Added 1993, No. 213 (Adj. Sess.), § 10, eff. June 15, 1994; amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 3582. Dogs or wolf-hybrids obtained after April 1
A person who becomes the owner after April 1 of a dog or wolf-hybrid six months old or older that has not been licensed, or a person who owns, keeps, or harbors a dog or wolf-hybrid that becomes six months old after April 1, shall within 30 days apply for and obtain a license for the dog or wolf-hybrid in the same manner as the annual license is obtained. If an application under this section is made after October 1, the fee for the license shall be one-half the amount otherwise required. If the license fee is not paid within 30 days, the owner may thereafter procure a license for that license year by paying a license fee of 50 percent in excess of that otherwise required.
Credits
1977, Adj. Sess., No. 215, § 4; 1979, Adj. Sess., No. 92, § 4; 1993, Adj. Sess., No. 213, § 11; 2019, Adj. Sess., No. 131, § 125, eff. July 1, 2020.
Formerly: V.S. 1947, § 7601; P.L. 1933, § 8264; 1921, No. 209, § 1; 1919, No. 192, § 1; G.L. 1917, § 6715; 1912, No. 226, § 1; P.S. 1906, § 5623; 1900, No. 97, § 1; V.S. 1894, § 4821; 1894, No. 119, § 1; 1882, No. 12, § 1; R.L. 1880, § 4028; 1878, No. 108, §§ 1, 6; 1876, No. 16, § 1.
§ 3582a. Repealed. 1977 (Adj. Sess.), § 15, eff. April 12, 1978.
§ 3583. Domestic pets and wolf-hybrids kept for breeding purposes
(a) The owner or keeper of domestic pets and wolf-hybrids kept for breeding purposes may take out annually, on or before April 1, a special license for the domestic pets or wolf-hybrids, provided:
(1) He or she keeps the domestic pets or wolf-hybrids within a proper enclosure. A proper enclosure is a locked fence or structure of sufficient height and sufficient depth into the ground to prevent the entry of young children and to prevent the animal from escaping. A proper enclosure also provides humane shelter for the animal.
(2) The domestic pets or wolf-hybrids at all times have a current vaccination against rabies.
(3) When the number of domestic pets or wolf-hybrids so kept does not exceed ten, the fee shall be $30.00 and for each additional domestic pet or wolf-hybrid so kept, an annual fee of $3.00.
(b) Domestic pets and wolf-hybrids covered by the special license pursuant to this section shall be exempt from other license fees, and all licenses under this section are exempt from the surcharge enacted under subsection (c) of section 3581 of this title.
(c) If the license fee is not paid by April 1, the owner or keeper may thereafter procure a license for that license year by paying a fee of 50 percent in excess of that otherwise required. These license fees are in addition to any fees required for the operation of a kennel under subchapter 3 of this chapter.
Credits
1977, Adj. Sess., No. 215, § 5; 1979, Adj. Sess., No. 92, § 5; 1993, Adj. Sess., No. 213, § 12; 2021, No. 20, § 200, eff. July 1, 2021.
Formerly: V.S. 1947, § 7602; P.L. 1933, § 8265; 1921, No. 209, § 1; 1919, No. 192, § 1; G.L. 1917, § 6715; 1912, No. 226, § 1; P.S. 1906, § 5623; 1900, No. 97, § 1; V.S. 1894, § 4821; 1894, No. 119, § 1; 1882, No. 12, § 1; R.L. 1880, § 4028; 1878, No. 108, §§ 1, 6; 1876, No. 16, § 1.
§ 3587. Dogs brought into state
Without obtaining a Vermont license, a person may bring or cause to be brought into the state for a period not exceeding 90 days, one or more licensed dog or dogs bearing the identification of the owner, provided that the owner possesses a certificate signed by a licensed veterinarian or a state official of any other state that the dog has received a rabies vaccination that is current for the 90 days following entry into the state.
(Amended 1977, No. 215 (Adj. Sess.), § 6, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 6, eff. Feb. 28, 1980.)
§ 3588. Issuance of licenses; record of licenses
Municipal clerks shall issue licenses and receive the money for the license, and pay the the amount received into the municipal treasury within 60 days of receipt, retaining to their own use $2.00 for each license or permit, and shall include with the amount deposited into the municipal treasury a sworn statement of the amount received and paid over by them pursuant to this section.
Credits
1966, Sp. Sess., No. 62, § 3; 1971, No. 84, § 11; 1977, Adj. Sess., No. 215, § 7; 1993, Adj. Sess., No. 213, § 13; 2021, No. 20, § 201, eff. July 1, 2021.
Formerly: 1949, No. 192; V.S. 1947, § 7605; P.L. 1933, § 8268; G.L. 1917, § 6719; 1912, No. 226, § 2; P.S. 1906, § 5627; V.S. 1894, § 4824; 1890, No. 68; R.L. 1880, § 4031; 1878, No. 108, § 3; 1876, No. 16, § 3.
Municipal clerks shall also keep a record of licenses issued by them, with the names of the owners or keepers of the dogs or wolf-hybrids licensed and the names, registered numbers and descriptions of such dogs or wolf-hybrids.
(Amended 1993, No. 213 (Adj. Sess.), § 14, eff. April 1, 1995.)
§ 3590. List of dogs and wolf-hybrids not licensed
(a) The legislative body shall annually designate one or more persons to maintain a list of unlicensed, inoculated and licensed dogs and wolf-hybrids owned or kept in their municipality and to submit the list to the municipal clerk.
(b) On receiving a list of dogs and wolf-hybrids from persons authorized by the legislative body, the municipal clerk shall notify the owners or keepers of all dogs and wolf-hybrids named on the list that have not already been licensed or inoculated, and after May 30 shall furnish to the legislative body a list of dogs and wolf-hybrids not licensed or inoculated as required by law. Owners shall also be notified that unlicensed or uninoculated dogs or wolf-hybrids may be destroyed.
(Amended 1965, No. 36, § 3, eff. April 28, 1965; 1977, No. 215 (Adj. Sess.), § 8, eff. April 12, 1978; 1979, No. 92 (Adj. Sess.), § 7, eff. Feb. 28, 1990; 1993, No. 213 (Adj. Sess.), § 15, eff. April 1, 1995.)
A license from a municipal clerk shall be valid in any part of the state and may be transferred with the dog or wolf-hybrid licensed, provided such license is recorded by the clerk of the municipality where such dog or wolf-hybrid is kept.
(Amended 1993, No. 213 (Adj. Sess.), § 16, eff. April 1, 1995.)
§ 3592. Repealed. 1993, No. 213 (Adj. Sess.), § 32, eff. June 15, 1994.
Subchapter 2. Licenses
Article 2. Killing Unlicensed Dogs
§ 3621. Issuance of warrant to impound; complaint
(a)(1) The legislative body of a municipality may at any time issue a warrant to one or more police officers, constables, pound keepers, or appointed animal control officers, directing them to promptly 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 of the impounded dogs and wolf-hybrids.
(2) 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.
Credits
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; 2013, Adj. Sess., No. 162, § 4, eff. July 1, 2014; 2021, No. 20, § 202, eff. July 1, 2021.
Formerly: V.S. 1947, § 7611; P.L. 1933, § 8274; G.L. 1917, § 6724; P.S. 1906, § 5633; R. 1906, § 5494; V.S. 1894, § 4830; R.L. 1880, § 4036; 1876, No. 16, § 7.
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 to impound all dogs and wolf-hybrids not duly licensed according to law without delay, 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 __________, this __________ day of __________, 20 ______
Legislative Body
Credits
1977, Adj. Sess., No. 215, § 11; 1993, Adj. Sess., No. 213, § 18; 2011, Adj. Sess., No. 155, § 5, eff. July 1, 2012; 2021, No. 20, § 203, eff. July 1, 2021.
Formerly: V.S. 1947, § 7612; P.L. 1933, § 8275; G.L. 1917, § 6725; P.S. 1906, § 5634; R. 1906, § 5495; V.S. 1894, § 4831; R.L. 1880, § 4037; 1876, No. 16, § 7.
§ 3623. Constable to make complaints
A constable to whom a warrant has been issued pursuant to section 3621 of this subchapter shall make complaints required by the warrant to the designee of the legislative body of the municipality.
Credits
2017, Adj. Sess., No. 93, § 17, eff. July 1, 2018; 2021, No. 20, § 204, eff. July 1, 2021.
Formerly: V.S. 1947, § 7614; P.L. 1933, § 8277; G.L. 1917, § 6727; P.S. 1906, § 5636; V.S. 1894, § 4833; R.L. 1880, § 4039; 1878, No. 108, § 5.
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.
(Amended 1977, No 215 (Adj. Sess.), § 12 eff. April 12, 1978; 1993, No. 213 (Adj. Sess.), § 19, eff. April 1, 1995.)
Each police officer or constable to whom a warrant is issued pursuant to section 3621 of this subchapter shall make the return directed by the warrant to the authority issuing the warrant within 90 days from its date.
Credits
1977, Adj. Sess., No. 215, § 13; 2021, No. 20, § 205, eff. July 1, 2021.
§ 3626. Certificate to state's attorney
The selectboard 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.
Credits
2013, Adj. Sess., No. 161, § 72, eff. July 1, 2014.
Formerly: V.S. 1947, § 7616; P.L. 1933, § 8279; G.L. 1917, § 6729; P.S. 1906, § 5638; R. 1906, § 5499; V.S. 1894, § 4835; R.L. 1880, § 4041; 1876, No. 16, § 9.
§ 3627. Repealed. 1993, No. 213 (Adj. Sess.), § 32, eff. June 15, 1994.
Chapter 193. Domestic Pet or Wolf-Hybrid Control
Subchapter 3. Kennels
A pet dealer shall apply to the municipal clerk of the town or city in which the cats, dogs, or wolf-hybrids are kept for a pet dealer permit to be issued on forms prescribed by the Secretary and pay the clerk a fee of $25.00 for the permit. A pet dealer who acquires a pet dealer permit shall allow inspections of the pet dealer's premises pursuant to section 3682 of this title as a condition of receiving and retaining the permit. The provisions of subchapters 1, 2, and 4 of this chapter not inconsistent with this subchapter shall apply to the pet dealer permit, which shall be in addition to other permits required. A pet dealer permit shall expire on March 31 next after issuance and shall be displayed prominently on the premises in which the cats, dogs, or wolf-hybrids are kept. If the permit fee is not paid by April 1, the owner or keeper may thereafter procure a permit for that license year by paying a fee of 50 percent in excess of that otherwise required. Municipal clerks shall maintain a record of the type of animals being kept by the permit holder. Upon issuance of the pet dealer permit, the municipal clerk shall provide the pet dealer with a copy of Part 3 (Standards) of the Animal Welfare Rules adopted by the Agency of Agriculture, Food and Markets relating to cats, dogs, and wolf-hybrids. The municipal clerk shall also provide the pet dealer with contact information for the Animal Health Section within the Division of Food Safety and Consumer Protection of the Agency of Agriculture, Food and Markets and with information from the Department of Taxes on sales tax obligations for the sale of pets.
Credits
1971, No. 27, § 2; 1971, No. 84, § 12; 1977, Adj. Sess., No. 215, § 14; 1993, Adj. Sess., No. 213, § 20; 2013, No. 30, § 4, eff. July 1, 2013; 2021, No. 20, § 206, eff. July 1, 2021.
Formerly: 1951, No. 171.
§ 3682. Inspection of premises
(a) The pet dealer's premises may be inspected upon the issuance of the pet dealer permit or at any time the pet dealer permit is in effect. Inspections may be conducted by a municipal animal control officer, a law enforcement officer as that term is defined in 23 V.S.A. § 4(11), or a representative of the Agency of Agriculture, Food and Markets. The inspector may, at his or her discretion and with the approval of the municipality, be accompanied by a veterinarian or an officer or agent of a humane society incorporated in Vermont. This section shall not create an obligation on the part of any municipal legislative body to conduct inspections.
(b) Inspections shall be scheduled in advance with the pet dealer or pet dealer's agent. Inspections shall be conducted to facilitate compliance with the applicable standards in Part 3 (Standards) of the Animal Welfare Rules adopted by the Agency of Agriculture, Food and Markets relating to cats, dogs, and wolf-hybrids. The person or persons authorized to inspect the pet dealer's premises shall be accompanied by the pet dealer or pet dealer's agent. If the pet dealer's premises are also used for human habitation, the inspection may occur only in those areas of the premises used for animal housing, animal care, birthing, and storage of food and bedding. Photographs or videos of the pet dealer's premises or property shall not be taken during an inspection and while on the pet dealer's premises without the written consent of the permit holder. Repeated failure to consent to an inspection may result in a revocation of the pet dealer permit.
(c) If an inspector, during the course of an inspection under this section, has reason to believe that a criminal animal welfare violation exists on the pet dealer's premises, nothing in this chapter shall preclude a criminal investigation into the suspected violation or shall preclude seeking the remedies available under 13 V.S.A. chapter 8. Assessment of an administrative penalty under this chapter shall not prevent assessment of a criminal penalty under 13 V.S.A. chapter 8.
(d) The inspector shall record the results of each inspection in a log and sign and date each entry. The entries shall be submitted to the municipality, which shall maintain records of all pet dealer inspections. A copy of the inspection results shall be provided to the permit holder.
Credits
1971, No. 27, § 3; 1989, Adj. Sess., No. 256, § 10(a); 2003, No. 42, § 2; 2013, No. 30, § 5, eff. July 1, 2013; 2021, No. 20, § 207, eff. July 1, 2021.
Formerly: 1951, No. 171.
§ 3683. Quarantine of premises
In the event such officer, representative or agent and veterinarian shall find that domestic pets or wolf-hybrids are kept under unsanitary or inhumane conditions, that there is communicable disease among them, or that the condition of the domestic pets or wolf-hybrids is such as to jeopardize or endanger the health or safety of persons, they shall quarantine said premises by an order in writing delivered to the holder of the permit, which quarantine shall remain in effect until the conditions affording a basis for such quarantine order have been remedied.
(Amended 1971, No. 27, § 4, eff. March 24, 1971; 1993, No. 213 (Adj. Sess.), § 21, eff. April 1, 1995.)
§ 3684. Offenses; bill of costs in prosecution
The person operating a kennel who is found to have neglected to remedy conditions specified in a quarantine order issued pursuant to section 3683 of this subchapter, other than the prevalence of contagious disease, within ten days after receiving notice of the order, or who sells, gives away, or otherwise removes a domestic pet or wolf-hybrid under quarantine or affected with a contagious disease, shall be subject to the penalty provided in 13 V.S.A. § 353(a)(1). Necessary fees and expenses of a veterinarian designated by the officer or agent shall be included in the bill of costs in a prosecution made pursuant to this section and shall be taxed to the respondent.
Credits
1993, Adj. Sess., No. 213, § 22; 2021, No. 20, § 208, eff. July 1, 2021.
Formerly: 1951, No. 171.
Subchapter 4. Damages by Dogs
§ 3741. Election of remedy - § 3741. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
HISTORICAL AND STATUTORY NOTES
Former 20 V.S.A. § 3741, relating to election of remedies for damages by dogs, was derived from:
1876, No. 16, § 10.
R.L. 1880, § 4048.
V.S. 1894, § 4842.
P.S. 1906, § 5645.
G.L. 1917, § 6736.
P.L. 1933, § 8285.
V.S. 1947, § 7622.
§ 3742. Notice of damage; appraisal - § 3742. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
HISTORICAL AND STATUTORY NOTES
Former 20 V.S.A. § 3742, relating to notice of damage by dogs and appraisal, was derived from:
1876, No. 16, § 10.
R.L. 1880, § 4043.
1888, No. 107, § 1.
V.S. 1894, § 4836.
P.S. 1906, § 5639.
G.L. 1917, § 6730.
1927, No. 125, § 1.
1933, No. 145, § 1.
P.L. 1933, § 8280.
V.S. 1947, § 7617.
§ 3743. Examination of certificate - § 3743. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
HISTORICAL AND STATUTORY NOTES
Former 20 V.S.A. § 3743, relating to examination of certificate for damages by dogs, was derived from:
1876, No. 16, § 10.
R.L. 1880, § 4045.
V.S. 1894, § 4839.
P.S. 1906, § 5642.
G.L. 1917, § 6733.
1927, No. 125, § 3.
P.L. 1933, § 8283.
V.S. 1947, § 7620.
§ 3744. Fees and travel expenses - § 3744. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
HISTORICAL AND STATUTORY NOTES
Former 20 V.S.A. § 3744, relating to fees and travel expenses for damages by dogs, was derived from:
1876, No. 16, § 10.
R.L. 1880, § 4044.
1888, No. 107, § 2.
V.S. 1894, § 4838.
P.S. 1906, § 5641.
G.L. 1917, § 6732.
1927, No. 125, § 2.
P.L. 1933, § 8282.
V.S. 1947, § 7619.
§ 3745. Identification and killing of dogs - § 3745. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
HISTORICAL AND STATUTORY NOTES
Former 20 V.S.A. § 3745, relating to identification and killing of dogs for damages, was derived from:
1888, No. 100, § 2.
V.S. 1894, § 4837.
R. 1906, § 5501.
P.S. 1906, § 5640.
1912, No. 227.
G.L. 1917, § 6731.
P.L. 1933, § 8281.
V.S. 1947, § 7618.
§ 3746. Action against town - § 3746. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
HISTORICAL AND STATUTORY NOTES
Former 20 V.S.A. § 3746, relating to action against town for damages by dogs, was derived from:
1894, No. 118.
V.S. 1894, § 4841.
P.S. 1906, § 5644.
G.L. 1917, § 6735.
1927, No. 125, § 4.
P.L. 1933, § 8284.
V.S. 1947, § 7621.
§ 3747. Action by town against owner of dogs - § 3747. Repealed by 2011, Adj, Sess., No. 155, § 4, eff. July 1, 2012
HISTORICAL AND STATUTORY NOTES
Former 20 V.S.A. § 3747, relating to action by town against owner of dogs for damages, was derived from:
1876, No. 16, § 12.
R.L. 1880, § 4049.
V.S. 1894, § 4843.
P.S. 1906, § 56.
G.L. 1917, § 6737.
P.L. 1933, § 8286.
V.S. 1947, § 7623.
§ 3748. Action by sheep owner against dog owner
If sheep are worried, wounded or killed by a dog, the owner or keeper of such dog, whether it is accustomed to worry, wound or kill sheep or not, shall pay to the owner of such sheep double the damages sustained, to be recovered in a civil action, with double costs. If the injury complained of is occasioned by two or more dogs acting jointly, belonging to different owners or keepers, the person injured may have a joint action against the different owners or keepers of such dogs, and recover joint damages and costs against all.
Formerly: V.S. 1947, § 7626; P.L. 1933, § 8289; G.L. 1917, § 6740; P.S. 1906, § 5649; V.S. 1894, § 4846; R.L. 1880, § 4051; G.S. 1862, 104, § 9; 1844, No. 23, § 2.
§ 3749. Bounty on dog killing or worrying sheep
Selectmen may offer a bounty of $5.00 for anyone killing a dog caught in the act of killing or worrying sheep.
Formerly: V.S. 1947, § 7627; P.L. 1933, § 8290; 1919, No. 192, § 5.
Subchapter 5. Control of Rabies
§ 3801. Rabies control authority
(a) In the event of an outbreak of rabies, the secretary of agriculture, food and markets, the commissioner of fish and wildlife and the commissioner of health shall work together to assist the affected towns. In addition to the responsibilities provided by this chapter, the agency of agriculture, food and markets shall generally be responsible for management of rabies in livestock, education of veterinarians and livestock owners concerning rabies and vaccination recommendations for livestock. The department of fish and wildlife shall generally be responsible for management of rabies in wildlife and the education of the sporting community, municipal officials and the general public about rabies in wildlife. The department of health shall generally be responsible for the prevention of rabies in humans, management of rabies in animals that may have exposed humans, and assisting with diagnosis of rabies in animals that may have exposed humans and supervision of health officials' education.
(b) In addition to any other applicable authority, the agency of agriculture, food and markets, the department of health, and the department of fish and wildlife, may individually, or jointly, adopt rules to control the spread of rabies within a specific region, or within the state as a whole. The secretary of agriculture, food and markets is authorized to adopt rules necessary to control the spread of rabies in domestic animals, domestic pets and wolf-hybrids, including mandating the vaccination of specific species of animals, the conditions under which rabies inoculation clinics may be operated and establishing quarantines for domestic animals. The commissioner of fish and wildlife is authorized to adopt rules necessary to control the spread of rabies in wildlife, including mandating the vaccination of specific species of wild animals, translocation of wild animals and the destruction of wild animals through the use of registered pesticides, trapping or other means as may be necessary. The commissioner of health is authorized to adopt rules requiring the reporting of incidents of animals biting humans, the confinement, quarantine, observation and disposition of animals that are suspected of exposing humans to rabies, and the disposition of animals bitten by animals suspected of carrying rabies and other rules as necessary to protect the general public from rabies.
(c) The the agency of agriculture, food and markets, the department of health, and the department of fish and wildlife, may cooperate with other federal, state and local officials in controlling the spread of rabies within the state and within the region.
(Amended 1965, No. 36, § 4, eff. April 28, 1965; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1993, No. 213 (Adj. Sess.), § 23, eff. June 15, 1994; 2003, No. 42, § 2, eff. May 27, 2003.)
With the approval of the governor, a town, county or the entire state may be placed under quarantine for such time as may be considered necessary by the commissioner of health, or the secretary of agriculture, food and markets.
(Amended 1993, No. 213 (Adj. Sess.), § 24, eff. June 15, 1994; 2003, No. 42, § 2.)
When a quarantine is established as provided in section 3802 of this title notice of such quarantine shall be sent to the chair of selectboards, mayors, health officers and to the town clerk of each municipality in the quarantined area. Notice of such quarantine shall be printed in one or more newspapers circulating in the quarantined area.
Credits
2013, Adj. Sess., No. 161, § 72, eff. July 1, 2014.
Formerly: V.S. 1947, § 4895; P.L. 1933, § 5339; 1927, No. 110, § 3.
§§ 3804, 3805. Repealed
§ 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.)
§ 3810. Repealed. 1993, No. 213 (Adj. Sess.), § 32, eff. June 15, 1994.
In order to protect the public health, the legislative body of a municipality or a municipal officer designated by the legislative body may dispose of the carcass of any animal suspected of having been exposed to rabies through incineration. Disposal of animal carcasses in the manner provided by this section shall not be subject to the provisions of 10 V.S.A. chapter 23 and the rules pursuant to that chapter.
Credits
1993, Adj. Sess., No. 213, § 29; 2021, No. 20, § 209, eff. July 1, 2021.
§ 3812. Immunity from liability for volunteers
Any person who as a volunteer conducts or assists at a nonprofit public clinic for inoculating domestic pets, wolf-hybrids, and domestic animals against rabies shall not be liable to any other person for injuries resulting from the loss of animals, animal bites and from the inoculation process.
(Added 1993, No. 213 (Adj. Sess.), § 30, eff. June 15, 1994.)
§ 3813. Vaccination administration
(a) The commissioner may purchase rabies vaccine for distribution at reduced cost to the public through rabies clinics.
(b) The commissioner shall ensure that reduced cost rabies clinics take place in all geographic areas of the state and shall cooperate with the veterinary profession to make certain that all owners of domestic pets and wolf-hybrids have access to reasonably priced rabies vaccines.
(c) Veterinarians shall provide an owner of a domestic pet or wolf-hybrid with a completed rabies vaccination form and tag for each animal which has been inoculated against rabies.
(Added 1993, No. 213 (Adj. Sess.), § 31, eff. June 15, 1994.)
The general assembly finds:
(1) The supply of dogs, cats, and wolf-hybrids in Vermont is a major concern.
(2) There are insufficient resources in this state to care for or provide homes for these animals.
(3) Many of these animals are ultimately euthanized or become victims of accidents, starvation, or disease.
(4) Pet owners who have limited economic resources have great difficulty affording the cost of professional spaying and neutering services.
(Added 2003, No. 163 (Adj. Sess.), § 39.)
Subchapter 6. Dog, Cat, and Wolf-Hybrid Spaying and Neutering Program and Fund
§ 3815. Dog, cat, and wolf-hybrid spaying and neutering program
(a) The Agency of Human Services shall administer a dog, cat, and wolf-hybrid spaying and neutering program providing reduced-cost spaying and neutering services and presurgical immunization for dogs, cats, and wolf-hybrids owned or cared for by individuals with low income. The Agency shall implement the program through an agreement with a qualified organization consistent with the applicable administrative rules.
(b) The program shall reimburse veterinarians who voluntarily consent to spay or neuter dogs, cats, and wolf-hybrids under the auspices of the program. The reimbursement shall be less any co-payment by the owner of a dog, cat, or wolf-hybrid for the cost of each spaying or neutering procedure.
(c) The Secretary of Human Services, in consultation with the chair of the Vermont Board of Veterinary Medicine, may adopt and amend rules pursuant to 3 V.S.A. chapter 25 to enable the Agency to carry out the purposes of this subchapter.
Credits
2003, Adj. Sess., No. 163, § 39; 2009, No. 54, § 77, eff. June 1, 2009; 2011, No. 57, § 1, eff. July 1, 2011; 2021, No. 20, § 210, eff. July 1, 2021.
§ 3816. Animal spaying and neutering fund; creation
(a) There is created, pursuant to 32 V.S.A. chapter 7, subchapter 5, in the Agency of Human Services the Dog, Cat, and Wolf-Hybrid Spaying and Neutering Special Fund to finance the costs of the dog, cat, and wolf-hybrid spaying and neutering program established in section 3815 of this title.
(b) Revenue for the Fund shall be derived from:
(1) the surcharge payment paid to a municipality pursuant to subdivision 3581(c)(1) of this title;
(2) gifts from private donors; and
(3) any appropriation that the General Assembly makes to the Fund.
(c) Interest earned on the Fund shall be retained in the Fund.
(d) The Agency of Human Services shall use the revenue in the Fund created in subsection (a) of this section for administering the dog, cat, and wolf-hybrid spaying and neutering program.
Credits
2003, Adj. Sess., No. 163, § 39; 2011, No. 3, § 86, eff. Feb. 17, 2011; 2011, No. 57, § 2, eff. July 1, 2011; 2021, Adj. Sess., No. 105, § 404, eff. July 1, 2022.
§ 3817. Rules adoption authority
The agency of agriculture, food and markets may adopt rules to implement this subchapter. (Added 2003, No. 163 (Adj. Sess.), § 39.)
Part 8. Animals
Chapter 194. Welfare of Animals
As used in this chapter:
(1) “Adequate feed” means the provision at suitable intervals, not exceeding 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. All foodstuff shall be served in a clean and sanitary manner.
(2) “Adequate water” means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval.
(3) “Ambient temperature” means the temperature surrounding the animal.
(4) [Repealed.]
(5) “Animal shelter” means a facility which is used to house or contain animals and is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
(6) “Secretary” means the Secretary of Agriculture, Food and Markets.
(7) “Pet dealer” means any person who sells or exchanges or who offers to sell or exchange cats, dogs, or wolf-hybrids, or any combination thereof, from three or more litters of cats, dogs, or wolf-hybrids in any 12-month period. This definition shall not apply to pet shops, animal shelters, or rescue organizations as those terms are defined in this section.
(8) “Euthanize” means to humanely destroy an animal by a method producing instantaneous unconsciousness and immediate death or by anesthesia produced by an agent which causes painless loss of consciousness and death during the loss of consciousness. “Euthanasia” means the humane destruction of animals in accordance with this subdivision.
(9) “Housing facility” means any room, building, or area used to contain a primary enclosure or enclosures.
(10) “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
(11) “Pet shop” means a place of retail or wholesale business, including a flea market, that is not part of a private dwelling, where cats, dogs, wolf-hybrids, rabbits, rodents, birds, fish, reptiles, or other vertebrates are maintained or displayed for the purpose of sale or exchange to the general public.
(12) “Primary enclosure” means any structure used to immediately restrict an animal or animals, excluding household pets, to a limited amount of space, such as a room, pen, cage, compartment, or hutch.
(13) “Public auction” means any place or establishment where dogs or cats are sold at auction to the highest bidder whether individually, as a group, or by weight.
(14) “Fair” means any public or privately operated facility where animals are confined for the purpose of display or sale, or both, or for viewing.
(15) “Consumer” means an individual who purchases or receives an animal from any person permitted, licensed, or registered under this chapter. A permit holder, licensee, or registrant under this chapter is not a consumer.
(16) “Rescue organization” means any organization that accepts more than five animals in a calendar year for the purpose of finding adoptive homes for the animals.
Credits
1971, No. 27, § 5; 1993, No. 51 § 1; 2003, No. 42, § 2; 2009, Adj. Sess., No. 158, § 10, eff. July 1, 2010; 2013, No. 30, § 6, eff. July 1, 2013; 2015, Adj. Sess., No. 97, § 53, eff. July 1, 2016.
This chapter shall not apply to horses or livestock, including cattle, sheep, goats, swine, and domestic fowl.
CREDIT(S)
2013, No. 30, § 6, eff. July 1, 2013.
§ 3902. Registration of fairs
No person may operate a fair as defined under section 3901 of this title unless a certificate of registration for the fair has been granted by the Secretary. Application for the certificate shall be made in a manner provided by the Secretary. No fee shall be required for the certificate. Certificates of registration shall be valid for a period of one year or until revoked and may be removed for like periods upon application in the manner provided.
CREDIT(S)
1971, No. 27, § 5; 2003, No. 42, § 2; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3903. Animal shelters and rescue organizations
(a) Repealed by 2015, Adj. Sess., No. 149, § 28, eff. July 1, 2016.
(b) Animal intake. An animal shelter or rescue organization as defined by section 3901 of this title shall make every effort to collect the following information about an animal it accepts: the name and address of the person transferring the animal and, if known, the name of the animal, its vaccination history, and other information concerning the background, temperament, and health of the animal.
(c) Nonprofit status. A rescue organization under this chapter shall be recognized and approved as a nonprofit organization under 26 U.S.C. § 501(c)(3).
(d) Immunity from liability. Notwithstanding section 3901a of this title, any animal shelter or rescue organization assisting law enforcement in an animal cruelty investigation or seizure that, in good faith, provides care and treatment to an animal involved in the investigation or seizure shall not be held liable for civil damages by the owner of the animal unless the actions of the shelter or organization constitute gross negligence.
Credits
1971, No. 27, § 5; 1997, Adj. Sess., No. 130, § 14; 2003, No. 42, § 2; 2009, Adj. Sess., No. 158, § 11, eff. July 1, 2010; 2013, No. 30, § 6, eff. July 1, 2013; 2015, Adj. Sess., No. 149, § 28, eff. July 1, 2016; 2017, Adj. Sess., Sp. Sess., No. 8, § 15, eff. June 28, 2018.
§ 3905. Public auctions
No person may operate a public auction as defined in this chapter after the expiration of six months following the effective date of this chapter unless a license to operate the auction has been granted by the Secretary. The license period shall be April 1 to March 31 and the license fee shall be $10.00 for each license period or part thereof.
CREDIT(S)
1971, No. 27, § 5; 1975, Adj. Sess., No. 220, § 21; 2003, No. 42, § 2; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3906. Licensing of pet shops
(a) No person may transact business as a pet shop, as defined in this chapter, unless a license for that purpose has been granted by the Secretary to that person. Application for the license shall be made in the manner provided by the Secretary. The license period shall be April 1 to March 31 and the license fee shall be $175.00 for each license period or part thereof.
(b) Repealed.
Credits
1971, No. 27, § 5; 1975, Adj. Sess., No. 220, § 22; 1989, Adj. Sess., No. 257, § 21; 1993, No. 51, § 2; 2001, Adj. Sess., No. 143, § 44; 2003, No. 42, § 2; 2003, No. 66, §§ 102a, 102d; 2013, No. 30, § 6, eff. July 1, 2013; 2015, Adj. Sess., No. 149, § 29, eff. July 1, 2016.
§ 3907. Denial or revocation of registration or license
Issuance of a certificate of registration may be denied to any animal shelter, rescue organization, or fair or a license may be denied to any public auction or pet shop or any certificate or license previously granted under this chapter may be revoked by the Secretary if, after public hearing, it is determined that the housing facilities or primary enclosures are inadequate for the purposes of this chapter or if the feeding, watering, sanitizing, and housing practices of the animal shelter, rescue organization, fair, public auction, or pet shop, as the case may be, are not consistent with this chapter or with rules adopted under this chapter.
CREDIT(S)
1971, No. 27, § 5; 1993, No. 51, § 3; 2003, No. 42, § 2; 2009, Adj. Sess., No. 158, § 12, eff. July 1, 2010; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3908. Adoption of regulations
The Secretary may as he or she deems necessary adopt, amend, revise, and repeal rules consistent with this chapter for the purpose of carrying out its purposes. The rules may include provisions relating to humane transportation to and from registered or licensed premises, records of purchase and sale, identification of animals, primary enclosures, housing facilities, sanitation, euthanasia, ambient temperatures, feeding, watering, and adequate veterinary medical care, with respect to animals kept or cared for at premises licensed or registered under this chapter. The Secretary may at his or her discretion adopt in whole or in part those portions of the rules of the Secretary of Agriculture, Food and Markets under Public Law 89-544, commonly known as the Laboratory Animal Welfare Act, [FN1] which are consistent with the purposes of this chapter.
Credits
1971, No. 27, § 5; 2003, No. 42, § 2; 2009, Adj. Sess., No. 158, § 13, eff. July 1, 2010; 2013, No. 30, § 6, eff. July 1, 2013; 2017, No. 74, § 29, eff. July 1, 2017.
[FN1] 7 U.S.C.A. § 2131 et seq.
§ 3909. Sale of animals by humane society
The board of directors of an incorporated humane society shall determine the method of disposition of animals released by it. Any proceeds derived from the sale of animals by the society shall be paid to the clerk or treasurer of the humane society, and no part of the proceeds shall accrue to any individual. Proceeds from the sale of animals by any person authorized by a municipality to dispose of such animals shall revert to the treasury of the municipality.
CREDIT(S)
1971, No. 27, § 5; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3910. Exceptions
This chapter shall not apply to any place or establishment operated as an animal hospital under the supervision of a duly licensed veterinarian in connection with the treatment, alleviation, or prevention of diseases.
CREDIT(S)
1971, No. 27, § 5; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3911. Penalties
(a) Any person licensed or registered under this chapter who fails to provide animals under the person's care or custody with adequate food or adequate water, as defined in section 3901 of this title, or who fails to house animals in the person's care or custody in a manner which is adequate for their welfare shall be fined not more than $500.00.
(b) Any person who operates a fair or public auction or who transacts business as a pet shop, animal shelter, or rescue organization without being duly licensed or without possessing a proper certificate of registration, as the case may be, as required under this chapter, or who violates any provision of this chapter or of any rule lawfully adopted under its authority for which no other penalty is provided shall be fined not more than $300.00 or imprisoned for not more than six months, or both.
(c) The Secretary may assess administrative penalties under 16 V.S.A. §§ 15-17, not to exceed $1,000.00, for violations of this chapter.
CREDIT(S)
1971, No. 27, § 5; 1993, No. 51, § 4; 1997, Adj. Sess., No. 130, § 2; 2003, No. 42, § 2; 2009, Adj. Sess., No. 158, § 14, eff. July 1, 2010; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3912. Commitment of animals to agency of agriculture, food and markets
The Secretary or any officer of the Agency designated by the Secretary may file with the court in which a person was convicted of violating the preceding section a petition for custody of animals in the possession of the person convicted. If the court, on due notice to that person and to any other person owning or having any interest in the animals, finds that the welfare of any of the animals so requires, the court shall order the animals committed to the Agency of Agriculture, Food and Markets. Animals committed to the Agency of Agriculture, Food and Markets may be sold or euthanized or kept in the custody of the Agency, as the Secretary determines.
CREDIT(S)
1971, No. 27, § 5; 1989, Adj. Sess., No. 256, § 10(a); 2003, No. 42, § 2; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3913. Euthanasia certification
(a) The Secretary of Agriculture, Food and Markets shall establish rules for a euthanasia training program and certification process for persons completing the program.
(b) The Secretary of Agriculture, Food and Markets shall establish rules for the possession and use of euthanasia solutions by registered animal shelters that utilize certified euthanasia technicians. The rules shall identify euthanasia solutions which may be used, techniques for the proper handling and storage of solutions and requirements for recordkeeping, and address any other matter deemed necessary by the Secretary.
(c) The Secretary of Agriculture, Food and Markets may revoke or suspend certification upon violation of the rules adopted under this section.
(d) The rules shall comply with all applicable federal drug enforcement standards.
(e) The Secretary of Agriculture, Food and Markets has no responsibility to enforce any other statute relating to the abuse of narcotics or other regulated substance unless specifically authorized by such statute.
CREDIT(S)
1993, Adj. Sess., No. 116, § 1; 2003, No. 42, § 2; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3914. Special funds
Fees collected under this subchapter shall be credited to a special fund and shall be available to the Agency of Agriculture, Food and Markets to offset the cost of providing the services.
CREDIT(S)
1999, No. 49, § 131; 2003, No. 42, § 2; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3915. Health certificate for transport into state
(a) A dog, cat, ferret, or wolf-hybrid imported into the State for sale, resale, exchange, or donation shall be accompanied by an official health certificate or similar certificate of inspection for the dog, cat, ferret, or wolf-hybrid issued by a veterinarian licensed in the state or country of origin. The certificate shall certify that:
(1) the dog, cat, ferret, or wolf-hybrid has been inspected and is free of visible signs of infections or contagious or communicable disease; and
(2) if the dog, cat, ferret, or wolf-hybrid is more than three months of age, the dog, cat, ferret, or wolf-hybrid has a current rabies vaccination or is a specific breed for which a rabies vaccination is not age-appropriate.
(b) The Agency of Agriculture, Food and Markets may adopt rules regarding the issuance and contents of any certificate required under subsection (a) of this section.
CREDIT(S)
2009, Adj. Sess., No. 158, § 15, eff. July 1, 2010; 2013, No. 30, § 6, eff. July 1, 2013.
§ 3921. Sale of a cat, dog, or wolf-hybrid; restitution
(a) If, within seven days following the sale of a cat, dog, or wolf-hybrid by a pet dealer or pet shop, a licensed veterinarian of the consumer's choosing certifies the cat, dog, or wolf-hybrid to be unfit for purchase due to illness or the presence of signs of contagious or infectious disease or if within one year the veterinarian certifies the existence of congenital malformation or hereditary disease, the consumer may act under subdivision (1) of this subsection or, if mutually agreed upon, under subdivision (2) or (3) of this subsection. The consumer shall have the right:
(1) to return the cat, dog, or wolf-hybrid to the pet dealer or pet shop and receive a full refund of the purchase price, including sales tax and reasonable veterinary fees related to certification under this section. A veterinary finding of intestinal parasites is not grounds for declaring a cat, dog, or wolf-hybrid unfit, nor is an injury or illness sustained subsequent to the consumer taking possession of a cat, dog, or wolf-hybrid; or
(2) to return the cat, dog, or wolf-hybrid to the pet dealer or pet shop and receive an exchange cat, dog, or wolf-hybrid of the consumer's choice of equivalent value and reasonable veterinary costs related to certification under this subsection; or
(3) to retain the cat, dog, or wolf-hybrid and receive reimbursement from the pet dealer or pet shop for reasonable veterinary service for the purpose of curing or attempting to cure the cat, dog, or wolf-hybrid. In no case shall this service exceed the purchase price of the cat, dog or wolf-hybrid. Value of service is reasonable if it compares to similar service rendered by other veterinarians in the area, but in no case may it cover costs not directly related to the certification of unfitness.
(b) The Secretary shall prescribe a form for and the content of the certificate to be used under subsection (a) of this section. The form shall include an identification of the type of cat, dog, or wolf-hybrid, the owner, date and diagnosis, the treatment recommended, if any, and an estimated cost of the treatment. The form shall also include notice of the provisions of subsection (a) of this section.
(c) Every pet dealer or pet shop who sells a cat, dog, or wolf-hybrid to a consumer shall provide the consumer at the time of sale with the written form prescribed by the Secretary. The notice may be included in a written contract, a certificate of the history of the cat, dog, or wolf-hybrid, or another separate document.
(d) The Secretary shall prescribe by rule other information which shall be provided in writing by the pet dealer or pet shop to the consumer at the time of sale. The information shall include a description of the cat, dog, or wolf-hybrid, including breed and date of purchase; the name, address, and telephone number of the consumer; and the purchase price. Certification of this document occurs when signed by the pet dealer or pet shop.
(e) Refund or reimbursement required under subsection (a) of this section shall be made within ten business days following receipt of the signed veterinary certification. The certification shall be presented to the pet dealer or pet shop within three business days by the consumer.
CREDIT(S)
2013, No. 30, § 6, eff. July 1, 2013.
§ 3922. Challenge by pet dealer or pet shop
A pet dealer or pet shop may contest a demand for reimbursement, refund, or exchange under section 3921 of this title by requiring the consumer to produce the cat, dog, or wolf-hybrid for examination by a licensed veterinarian of the pet dealer or pet shop's designation. If the consumer and the pet dealer or pet shop are unable to reach an agreement under the provisions of this section within ten business days of an examination, the consumer may initiate an action in a court of competent jurisdiction in the locality where the consumer resides to obtain a refund, exchange, or reimbursement. Nothing in this section shall limit the rights or remedies which are otherwise available to the consumer under any other law.
CREDIT(S)
2013, No. 30, § 6, eff. July 1, 2013.
§ 3923. Administrative penalties
The Secretary may assess administrative penalties under 6 V.S.A. §§ 15-17 not to exceed $1,000.00 for violations of this subchapter.
CREDIT(S)
2013, No. 30, § 6, eff. July 1, 2013.
Duly incorporated humane societies, rescue organizations, or animal shelters that make animals available for adoption are exempt from the requirements of this subchapter.
CREDIT(S)
2013, No. 30, § 6, eff. July 1, 2013.
Chapter 199: SALE OF DOGS AND CATS. - §§4301 to 4304. Repealed by 2013, No. 30, § 7, eff. July 1, 2013
4301. Definitions - §§4301 to 4304. Repealed by 2013, No. 30, § 7, eff. July 1, 2013 See Chapter 194. Welfare of Animals 20 V.S.A. § 3901
§ 4302. Sale of an animal; restitution - §§4301 to 4304. Repealed by 2013, No. 30, § 7, eff. July 1, 2013 See Chapter 194. Welfare of Animals 20 V.S.A. § 3921
§ 4303. Challenge by pet dealer - §§4301 to 4304. Repealed by 2013, No. 30, § 7, eff. July 1, 2013 See Chapter 194. Welfare of Animals 20 V.S.A. § 3922
§ 4304. Administrative penalties - §§4301 to 4304. Repealed by 2013, No. 30, § 7, eff. July 1, 2013 See Chapter 194. Welfare of Animals 20 V.S.A. § 3923
Title 10: Conservation and Development.
Chapter 115: HUNTING DOGS.
§ 5001. Hunting dogs; field training
(a) While accompanying the dog, a person may train a hunting dog to hunt and pursue:
(1) bear during the period from June 1 to September 15 and then only from sunrise to sunset;
(2) rabbits and game birds during the period from June 1 to the last Saturday in September and then only from sunrise to sunset;
(3) raccoon during the period from June 1 through any time of day or night on the day before the opening day of raccoon hunting season; and
(4) bobcat and fox during the period June 1 to March 15, except during regular deer season as prescribed in section 4741 of this title.
(b) The Commissioner may permit a person to train and condition a hunting dog between the second Monday in March and June 1. The Board may adopt rules as it considers necessary to control the training and conditioning of hunting dogs.
(c) A person training a hunting dog under this section may possess a handgun while training the hunting dog, provided that the person shall not take game by any method while training the hunting dog. As used in this section, “handgun” means a pistol or revolver which will expel a projectile by the action of an explosive.
CREDIT(S)
1961, No. 119, § 1; 1965, No. 48; 1973, Adj. Sess., No. 178, § 6; 1977, Adj. Sess., No. 137; 1983, Adj. Sess., No. 158; 1991, Adj. Sess., No. 230, § 28; 2013, No. 78, § 19, eff. July 1, 2013; 2013, Adj. Sess., No. 116, § 15, eff. May 5, 2014.
§ 5002. Hunting dogs; field trials; fee
The commissioner may issue permits to organized groups to hold field trials for hunting dogs. Persons seeking a permit shall submit an application to the commissioner as prescribed by the commissioner, and shall pay a fee of $50.00.
(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 157 (Adj. Sess.), § 1, eff. April 13, 1984; 1997, No. 155 (Adj. Sess.), § 48, eff. Jan. 1, 1999.)
§ 5003. Retrieving dogs; field trials
The commissioner may issue a license to any responsible person or field trial group to hold a field trial for retrieving dogs, or bird dogs, with game birds which have been propagated or legally acquired and released on the day of the trial on premises owned or controlled by the individual or group conducting the same, and shot for such purposes during daylight hours. Such trials shall be held under the supervision of the fish and wildlife department.
(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)
§ 5004. Retriever field trials; fee
The commissioner may issue permits which shall authorize a holder or authorized designee to take all of the birds released by the holder of the permit or designee on the day the trial is in progress. Persons seeking a permit shall submit an application to the commissioner as prescribed by the commissioner, and shall pay a fee of $50.00.
(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 157 (Adj. Sess.), § 2, eff. April 13, 1984; 1997, No. 155 (Adj. Sess.), § 49, eff. Jan. 1, 1999.)
§ 5005. Repealed. 1983, No. 157 (Adj. Sess.), § 5.
§ 5006. Exemption; hunting license
Any person who participates in a trial under the provisions of sections 5002-5004 of this title shall not be required to have a hunting license.
(Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 157 (Adj. Sess.), § 3, eff. April 13, 1984.)
§ 5007. Hunting black bear with dogs
(a) No person shall pursue black bear with the aid of dogs, either for training or taking purposes, without a permit issued by the commissioner. The number of permits issued to nonresidents in any given year shall not exceed ten percent of the number of permits issued to residents in the preceding year. The commissioner shall establish a process for determining which nonresidents are to receive a permit if there are more nonresident applicants than nonresident permits. A nonresident may train dogs to hunt bear only while training season is in effect in the nonresident's home state and subject to the laws and regulations of this state.
(b) Permits will be issued to residents for a fee of $50.00.
(c) Application fees for nonresidents shall be $10.00 with a permit fee of $200.00 for successful applicants.
(Added 1989, No. 184 (Adj. Sess.); amended 1997, No. 155 (Adj. Sess.), § 50, eff. Jan. 1, 1999.)
§ 5008. Hunting coyote with aid of dogs; permit
<Text of section effective on the effective date of the Fish and Wildlife Board rules required under 2021, Adj. Sess., No. 165, § 3. See, Historical and Statutory Notes following this section.>
(a) No person shall pursue coyote with the aid of dogs, either for training or taking purposes, without a permit issued by the Commissioner.
(1) The Commissioner may deny any permit at the Commissioner's discretion. The Commissioner shall not issue more than 100 permits annually.
(2) The number of permits that the Commissioner issues to nonresidents in any given year shall not exceed 10 percent of the number of permits issued to residents in the preceding year. The Commissioner shall establish a process and standards for determining which nonresidents are to receive a permit, including who will receive a permit if there are more nonresident applicants than nonresident permits.
(3) A nonresident may train dogs to pursue coyote only while the training season is in effect in the nonresident's home state and subject to the requirements of this part and rules adopted under this part.
(b)(1) The Commissioner shall issue permits under this section to a resident for a fee of $50.00.
(2) The application fee for a nonresident permit issued under this section shall be $10.00, and the fee for a nonresident permit issued under this section shall be $200.00 for a successful applicant.
Credits
2021, Adj. Sess., No. 165, § 1, contingent effective.
§ 5009. Pursuing coyote with aid of dogs; landowner permission
<Text of section effective on the effective date of the Fish and Wildlife Board rules required under 2021, Adj. Sess., No. 165, § 3. See, Historical and Statutory Notes following this section.>
(a) A person shall not release a dog onto land posted in accordance with section 5201 of this title for the purpose of pursuing coyote with the aid of dogs unless the dog owner or handler of the hunting dog has obtained a courtesy permission card from the landowner or landowner's agent allowing the pursuit of coyote with the aid of dogs on the land.
(b) A person shall not release onto land a dog for the purpose of pursuing coyote with the aid of dogs if in the previous 365 days a dog had been previously found on the land, and the dog owner, a handler of the dog, or a person participating in the hunt has been personally informed by law enforcement that hunting dogs are not permitted on the property.
(c)(1) For a first offense, a person who violates this section shall have committed a minor fish and wildlife violation and shall be assessed a five-point violation under subdivision 4502(b)(1) of this title.
(2) For a second or subsequent violation of this section, a person shall be assessed a 10-point violation under subdivision 4502(b)(2) of this title and shall be fined under section 4515 of this title.
Credits
2021, Adj. Sess., No. 165, § 1, contingent effective.
TITLE TEN. Conservation and Development.
CHAPTER 113. Game. SUBCHAPTER 2. Deer
§ 4748 Dogs pursuing deer or moose
(a) A dog that has been found to hunt or pursue deer or moose and whose owner or keeper has had notice to that effect shall not run at large unaccompanied by the owner or keeper.
(b) A state game warden, deputy warden, sheriff, deputy sheriff, constable, police officer or state police may kill by shooting with firearms, dogs, whether licensed or unlicensed, when in such close pursuit as to endanger the life of a deer or moose or found in the act of wounding, maiming or killing deer or moose. Provisions of this section shall be subject to limitations set forth in section 4710 of this title. A warden or other person authorized under this subsection who does not kill a dog under the provisions of this subsection shall if possible, locate the owner or keeper of the dog and shall issue a warning that the dog was in violation of this section and each future violation shall result in the owner or keeper being fined not more than $200.00 nor less than $50.00.
(c) When a licensed dog is killed pursuant to subsection (b) above, the game warden, deputy game warden, sheriff, deputy sheriff, constable, police officer or state police shall forthwith report the same to the owner of said licensed dog.
(d) No person shall have a cause of action against any of the designated wardens, sheriff, deputy sheriff, constable, police officer or state police exercising the authority herein granted.
1961, No. 119, § 1; 1969, Adj. Sess., No. 163; 1977, Adj. Sess., No. 132; 1979, Adj. Sess., No. 163; 1981, No. 63; 1995, No. 1, § 1.