TITLE TWENTY.  INTERNAL SECURITY AND PUBLIC SAFETY

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PART 8.  ANIMALS

 

CHAPTER 193.  DOMESTIC PET OR WOLF-HYBRID CONTROL

 

SUBCHAPTER 1.  GENERAL PROVISIONS

 

20 V.S.A. §  3546  (2003)  

§  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, such 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 which is the subject of the complaint can be ascertained with due diligence, said 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, without limitation, 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 only 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. 

 

HISTORY: Amended 1977, No. 215 (Adj. Sess.), §  2, eff. April 12, 1978; 1993, No. 213 (Adj. Sess.), §  4, eff. June 15, 1994. 

 

NOTES:

HISTORY

 

SOURCE. V.S. 1947, §  7629.  P.L. §  8292.  G.L. §  6742. 1910, No. 223.  P.S. §  5651.  1902, No. 121, § §  1, 3.

 

AMENDMENTS--1993 (ADJ. SESS.). Substituted "domestic pets or wolf-hybrids" for "dogs" in the section catchline.

   Subsection (a): Amended generally.

   Subsection (b): Substituted "domestic pet or wolf-hybrid" for "dog" preceding "which" in the second sentence.

   Subsection (c): Substituted "domestic pet or wolf-hybrid" for "dog" preceding "is found" and preceding "is disposed" and "shall" for "may" preceding "make such" in the first sentence and "subject to the penalties provided in section 3551 of this chapter" for "fined not more than $250.00" following "order shall be" in the third sentence.

   Subsection (d): Added.

 

--1977 (ADJ. SESS.). Amended section generally.

 

CROSS REFERENCES

   Search warrants, see §  3551 of this title. 

 

ANNOTATIONS

 

1. CONSTRUCTION.

   Town's right to control dogs that bite, pursuant to this section, did not give rise to a generalized duty to control vicious dogs for purposes of common law negligence liability. Rubin v. Town of Poultney (1998) 168 Vt. 624, 721 A.2d 504 (mem.).

 

2. DESTRUCTION OF DOGS.

   Police officers are authorized to destroy vicious dogs under authority of this section when they have been given appropriate orders to do so. 1952-54 Op. Atty. Gen. 299.

   The authority granted state police officers by §  1914 of this title is broad enough to clothe them with power to act when required to destroy dogs under this section. 1952-54 Op. Atty. Gen. 299.

 

CITED.  Cited in Morgan v. Kroupa (1997) 167 Vt. 99, 702 A.2d 630.

 

USER NOTE: For more generally applicable notes, see notes under the first section of this heading: division, article, chapter, part or title.