Town of Hinesburg
Animal Control Ordinance
The Selectboard of the Town of
Hinesburg, in the County of Chittenden, State of Vermont, acting under the
authority of 20VSA§3549, et seq. And 24VSA§1971, et seq., hereby adopt this
ordinance regulating domesticated animals in the Town of Hinesburg. A violation
of this ordinance shall be a civil matter enforced in accordance with the
provisions of 24VSA§1974a and 24§1977 et seq.
Article 1
Purpose
1.1 This ordinance is adopted to protect the
health, safety and welfare of the citizens of the Town of Hinesburg.
Article 2
Definitions
2.1
At Large shall mean off the premises of the
owner, and not in the presence of and under the control of the owner, a member
of the owner’s immediate family, or an agent of the owner. “Under control of
such person,” means that at all times, the animal is prevented from causing
injury, damage, disturbance, nuisance and annoyance;
2.2
Dog shall include male and female canine
species as well as Wolf Hybrids which are the progeny or descendants of a dog
(canis familiaris) and a wolf (canis lupus or canis rufus). These dogs shall
include animals kept as pets, show dogs, or for breeding purposes;
2.3
Domesticated Animal shall mean any animal that is
owned which provides companionship, recreation, income or otherwise not
regulated by the State of Vermont Department of Fish and Wildlife;
2.4
Enforcement Officer shall mean any Animal Control
Officer, Constable, Town Health Officer, Police Officer, Sheriff, Deputy
Sheriff, State Police Officer, Game Warden, Humane Officer or any person
appointed Enforcement Officer by the Selectboard to enforce the provisions of
this ordinance. A person appointed as an Enforcement Officer by the Selectboard
may be a private contractor or resident of another town. The Animal Control
Officer may temporarily authorize an Animal Control Officer from other
municipalities to enforce this ordinance;
2.5
Municipal Pound shall mean any kennel, pound, or
other facility for holding or housing animals, which is designated by the
Selectboard, and regardless of whether such facility is operated by the Town or
within the Town limits.
2.6
Secretary shall mean the Secretary of the
Department of Agriculture, Food and Markets, and includes his or her designee;
2.7
Selectboard shall mean the legislative body of the
Town of Hinesburg as it may appear from time to time;
2.8
Vicious Animal shall mean any domesticated animal
which, while off the premises of the owner or keeper, causes bodily harm or
immediate fear of bodily harm by attacking or threatening to attack a person,
another domestic animal, or a wild animal.
Article 3
Running At Large
3.1
No owner, keeper or other person shall permit a dog owned by
them or under their keeping or control, to run at large.
3.2
An owner, keeper or other person who permits a dog to run at
large as defined herein shall be subject to such civil penalties or other
enforcement remedies as are hereinafter provided and as are otherwise provided
by law.
Article 4
Disturbances and Nuisances
4.1
An owner, keeper or other person shall not permit a domesticated
animal to commit a disturbance or nuisance as hereinafter defined:
1. frequent or
long-continued noise, barking, or howling which disturbs the comfort of persons
in the vicinity;
2. cause damage
to personal property;
3. scatter
refuse;
4. harass
pedestrians, bicyclists, motor vehicles, or other passersby;
5. attack persons
or other animals;
6. obstruct
traffic;
7. cause any
person to reasonably fear a bodily injury or sustain a bodily injury by
attacking or threatening to attack any person other than persons who are in the
act of trespassing upon private property of the owner or keeper of the domestic
animal;
8. otherwise be a
nuisance or create a disturbance.
4.2
A female domesticated animal in heat shall be kept in a
building or secure enclosure or under the direct control of the owner. A
violation of this provision shall be considered a nuisance.
4.3
Owners, keepers or other persons who permit a domesticated
animal to create a disturbance or nuisance as defined herein shall be subject
to civil penalties and such other enforcement remedies as are hereinafter
provided and as are otherwise provided by law.
4.4
No owner or keeper of a domesticated animal shall permit the
domesticated animal to defecate on any public school ground, public sidewalk,
public roadway, public park or any privately owned property of another person
without such person’s consent unless said defecation is removed immediately and
properly disposed of at the owner’s or keeper’s property. This provision shall
apply whether or not the owner or keeper of the domesticated animal has
knowledge that the domesticated animal is defecating on the premises.
4.5
An appropriate complaint shall be deemed to have been made
when a person gives any town enforcement officer a description of the violation
of Article 4.4. The person violating Article 4.4 of this ordinance shall be
warned in writing by the appropriate enforcement officer that he or she is in
violation. A fine in accordance with Article 9 will be levied for each
subsequent violation.
Article 5
5.1
When a dog has bitten a person while the dog 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
Selectboard. 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 Selectboard in conducting its investigation required
by Article of 5.2 of this section;
5.2
Upon receipt of a written complaint in which a person has
been bitten by a dog, the enforcement officer shall impound said animal and
place in quarantine for a minimum of ten days or shall order the owner to
impound said animal at their residence and place in quarantine for a minimum of
ten days.
5.3
The Selectboard, or their representative within ten days
from receipt of the complaint, shall investigate the charges and hold a hearing
on the matter. If the owner or keeper of the dog which is the subject of the
complaint can be ascertained with due diligence, said owner or keeper shall be
provided with a written notice of the time, date and place of hearing and the
facts of the complaint. The notice shall be sent by certified mail, return
receipt requested, to the owner or keeper, at the owner or keeper’s last known
address.
5.4
If the dog is found to have bitten the victim without
provocation, the Selectboard shall make such order for the protection of
persons as the facts and circumstances of the case may require, including,
without limitation, that the dog 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 20VSA§3551;
5.5
The existence of a separate article on vicious dogs in this
ordinance shall not preclude the Selectboard or Animal Control Officer from
electing to pursue alternative enforcement available under the ordinance, and
enforcement of this ordinance can be pursued simultaneously under Article 5,
other articles of this ordinance and/or State Statute.
5.6 The procedures provided in this section shall only apply if a dog is not a rabies suspect.
5.7
Since there is no approved pre-exposure rabies vaccine for
wolf-hybrids, until the Secretary 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.
5.8
If a member of the Selectboard, an Animal Control Officer or
Town Health Officer determines that the dog is a rabies suspect, the provisions
of 20VSA§3807 and such rules as are adopted by the Secretary shall apply.
Article 6
6.1 Any Enforcement Officer, in addition to any other remedies available by statute or as are hereinafter set forth, may apprehend any dog found running at large or creating a disturbance or nuisance contrary to the provisions of this ordinance, and may impound such animal in the Municipal Pound.
6.2
An Enforcement Officer shall make a reasonable investigation
to determine whether a violation of this ordinance has occurred when an
appropriate complaint is lodged with any Enforcement Officer. If the
Enforcement Officer reasonably concludes pursuant to his or her investigation
that a dog is running at large, or is creating a disturbance or nuisance, he or
she may impound said dog in the Municipal Pound.
6.3
An appropriate complaint shall be deemed to have been made
when a person gives the Animal Control Officer or their designee a full
description of the dog, including species, breed, size, color and other
distinguishing features. This description
must be sufficient for an Enforcement Officer to make a proper identification.
If such description is insufficient for a proper identification, no dog shall
be impounded. The person who made such a complaint shall file in writing with
the Animal Control Officer or their designee a written complaint on a form
furnished by the Town of Hinesburg setting forth their name, address, phone
number, description of the dog and circumstances under which the dog was
believed to be in violation of the ordinance. If no written complaint is filed,
the Enforcement Officer, at his or her option, may release the dog and charge
the complainant with any impoundment fees or boarding fees, which may be due.
6.4
The Enforcement Officer, upon apprehending and impounding
any dog, shall make a complete registry, entering the species, breed, color,
and sex of such dog, and whether the dog is licensed and shall, if possible
after reasonable inquiry, notify the owner or keeper. If a dog is licensed, the
Enforcement Officer shall enter the name and address of the owner or keeper and
the number of the license tag.
6.5
The Enforcement Officer, when enforcing provisions of this
ordinance, may apprehend a dog found on public or private property, including
the property of the dog’s owner. However, prior to entering on private
property, the Enforcement Officer shall make a reasonable attempt to obtain
permission from the property owner or occupant.
6.6
The Animal Control Officer shall be the primary Enforcement
Officer under the provisions of this ordinance.
6.7
In the absence of an Animal Control Officer, or in a
situation of an emergency nature, any Enforcement Officer may enforce the
provisions of this ordinance.
6.8
The Animal Control Officer or Enforcement Officer may use
all reasonable and lawful methods for catching and impounding dogs found to be
in violation of this ordinance, including the use of tranquilizing and or
pepper spray.
6.9
For the purposes of 24VSA§1971, this ordinance is designated
as a civil ordinance.
6.10
In addition to those remedies provided herein or otherwise
available at law, this ordinance may be enforced in the Vermont Judicial Bureau
in accordance with 24VSA§1974a et seq.
Article 7
Release from Impoundment
7.1
Upon delivery to the pound, the impounding Enforcement
Officer shall notify the owner or keeper, if the dog is licensed or has
identifying tags. Notice shall be sufficient if given to its owner or keeper by
certified mail. The dog shall be held for five working days from mailing of
notice unless claimed earlier.
7.2
If the animal is a dog, and is unlicensed, the Enforcement
Officer shall notify the owner or keeper by certified mail, if known, and shall
post a notice containing a description of the dog in the Town Clerk’s office,
as well as public locations located within the town’s limits for five working
days.
7.3
If the owner or keeper does not claim the dog within five
working days from mailing or posting of the notice, the dog may be given to any
person who pays the Municipal Pound fees and the cost of any necessary shots
and license fees.
7.4
Any owner, if known, who elects not to redeem his or her
animal and does not pay the boarding fees, impoundment fees, or any other fees
associated with the impoundment may be assessed all of said fees and charges in
a civil action brought under this ordinance.
7.5
No dog shall be released unless the owner or keeper shall
first have applied for and received a valid current license and all fees, as
required herein, have been paid.
7.6
If no person claims an impounded dog on or within 10 days of
the mailing or posting of notice, the dog may be released to the Humane Society
of Chittenden County, or an appropriate animal rescue organization.
7.7
In the event that the Humane Society of Chittenden County,
or an appropriate animal rescue organization cannot assist in placement of
animal, the Animal Control Officer may approve an adoption with fees equaling
cost paid out.
Article 8
Impoundment Fees
8.1 Any dog impounded or cited under the provisions of this ordinance shall be released only on payment of a $25.00 impoundment fee; provided, however, that any dog impounded for the third time in any fiscal year shall be released only on payment of a $50.00 impoundment fee, and if so captured four or mores times in any fiscal year, it shall be released only upon payment of a $100.00 impoundment fee.
8.2 Any dog that is not currently licensed
or having proof of rabies must pay a bond of $50.00 refunded upon licensing of
the dog with the town clerk.
8.3 In addition to the impoundment fees
charged herein, there shall be a boarding charge for each day or fraction
thereof during which the domesticated animal is impounded. The boarding charge
shall be set annually on or before the 30th day of June. The
boarding charge shall remain in effect for one year. The Selectboard shall be
responsible for setting the daily boarding charge.
8.4 The Selectboard is hereby empowered to
increase the impoundment fees and boarding charges provided for in this section
by appropriate resolution.
Article 9
Civil Penalties
9.1
Any owner, keeper or other person who violates any section
of this ordinance shall, in addition to any other fees, penalties and remedies
as provided by law, be subject to the following progressive civil penalties:
1. At the option
of the Enforcement Officer, the issuance of a warning letter notifying the
owner or keeper to license the domesticated animal immediately, if applicable,
or take other action to prevent the animal from causing a disturbance or
nuisance or running at large.
2. A fine of
$25.00 for a first and second violation, $50.00 for the third violation and
$100.00 for each violation thereafter.
3. Each day that
the violation continues, shall constitute a separate violation.
Article 10
Licensing
10.1
A person who owns, harbors or keeps a dog more than six
months old shall annually on or before April 1 cause it to be registered,
numbered, described and licensed on a form provided by the Hinesburg Town Clerk
and shall cause it to wear a collar, and attach thereto a license tag issued by
the Town Clerk, and shall pay for the license those amounts permitted or
required by 20VSA§3581, as amended. If the license fee for any dog is not paid
by July 1, its owner or keeper may thereafter procure a license for that
license year by paying a late fee of $20.00 in excess of that otherwise
required.
10.2
Before a person shall be entitled to obtain a license for a
spayed female or neutered male dog, he or she shall exhibit to the clerk a
certificate signed by a duly licensed veterinarian showing that the female or
male dog has been sterilized.
10.3
Before obtaining a license for a dog six months of age or
older, a person shall deliver to the Town Clerk a certificate or a certified
copy thereof signed by a duly licensed veterinarian, stating that the dog has
received current vaccination against rabies with a vaccine approved by the
Secretary, and the person shall certify that the dog described in the
certificate or copy is the dog to be licensed. The Town Clerk shall keep
certificates or copies thereof on file. The owner of any dog shall maintain a
copy of the rabies vaccination form and provide it to state and Hinesburg
officials upon request.
10.4
Any dog impounded pursuant to this section may be released
to its owner or keeper only when said dog is properly licensed with the Town of
Hinesburg and all impoundment fees set forth in Article 9 herein are paid.
Unclaimed dogs shall be disposed of in accordance with the provisions of
Article 7 herein.
10.5
Pursuant to 20VSA§3590, the Selectboard shall annually
certify a list of unlicensed dogs as of May 30. Such list shall be given to the
Animal Control Officer for licensing and further action as required by law.
10.6
A kennel that operates in town must receive a kennel permit
from the Town Clerk. The fee for a kennel permit shall be determined by the
State of Vermont. Prior to receiving a kennel permit from the Town Clerk, the
kennel must provide proof of Pet Merchant License provided by the Vermont
Agency of Agriculture.
10.7
Kennels shall be responsible for all expenses related to
impoundment of any animal from their facility. If any kennel desires to
surrender any animal to the Town of Hinesburg, said kennel shall be responsible
for all expenses incurred by the Town of Hinesburg in pursuing proper
disposition of said animal.
Article 11
Exemptions
11.1
Police service dogs are exempted from the regulations set
forth in this ordinance.
Article 12
Severability
12.1 Any part or provision of the ordinance shall be considered severable, and the invalidity of any part or section will not be held to invalidate any other part or provision of this ordinance.
Article 13
Effective Date
13.1 This ordinance shall become effective 60 days after its adoption by the Selectboard. If a petition is filed under 24VSA§1973, that statute shall govern the implementation of this ordinance.
13.2 This ordinance is hereby adopted on the
_______ day of __________, 2005 and shall become effective on the __________
day of ______________, 2005.
Adopted: _____/_____/2005
Posted: _____/_____/2005
Advertised: _____/_____/2005
Effective: _____/_____/2005
HINESBURG SELECTBOARD
_________________________________________
Robert S. Bast, Chairperson
_________________________________________
Andrea Morgante, Member
_________________________________________
Howard E. Russell, Member
_________________________________________
Jonathan S. Trefry, Member
_________________________________________
Randall C. Volk, Member