Title 20: Internal Security and Public Safety
Chapter 191: Control Generally
§ 3341. Cattle, horses, sheep, goats or swine
A person who knowingly permits cattle, horses, sheep, goats or swine to run at large in a public highway, or yard belonging to a public building, without the consent of the selectmen, shall be fined not more than $10.00 nor less than $3.00. (Amended 1981, No. 114 (Adj. Sess.), § 1.)
§ 3342. Public park, common or green
A person who permits cattle, horses, sheep, goats or swine to run at large in a public park, common or green, without the consent of the selectmen, shall be fined not more than $25.00 nor less than $5.00. (Amended 1981, No. 114 (Adj. Sess.), § 1.)
§ 3343. Yard of townhouse, church or schoolhouse
A person who turns cattle, horses, sheep, goats or swine into a yard belonging to a townhouse, church or schoolhouse, which is properly enclosed, or knowingly permits them to run therein, shall be fined not more than $10.00 nor less than $3.00. (Amended 1981, No. 114 (Adj. Sess.), § 1.)
§ 3344. Burial ground
A person who knowingly turns cattle, horses, sheep, goats or swine into a burial ground, or who knowingly permits the same to run therein, if it is properly enclosed, shall be fined $25.00. (Amended 1981, No. 114 (Adj. Sess.), § 1.)
§ 3345. Land or premises of another
A person who knowingly permits his cattle, horses, sheep, goats, swine or domestic fowls to go upon the lands or premises of another, after the latter has given the owner notice thereof, shall be fined not more than $10.00 nor less than $2.00. Such person shall also be liable for the damages suffered which may be recovered in a civil action. (Amended 1981, No. 114 (Adj. Sess.), § 1.)
§ 3346. Bulls
The owner or keeper of a bull may be fined not more than $100.00 if such bull is more than nine months old and found unattended outside of the premises owned or occupied by the owner or keeper of such bull and shall be liable to a party damaged by such bull while outside the premises of such owner or keeper. The damages may be recovered in a civil action.
§ 3347. Rams
(a) Rams shall not be allowed to go at large between August 1 and December 1 in each year. The owner or keeper of a ram shall be liable for damages sustained by a person in consequence of such ram going at large during such time.
(b) If during such time a ram is found with sheep other than those of its owner or keeper, and not in his enclosure, the owner or keeper of such sheep may recover $5.00 of the owner or keeper of such ram, in a civil action.
§ 3348. Marking
(a) On or before August 1 in each year, the owner or keeper of a ram shall place on its body in durable and legible characters the initials of his name.
(b) If a ram is found at large out of the enclosure and possession of its owner or keeper between August 1 and December 1, without being marked as provided in subsection (a), the person taking and securing it may recover $5.00 of the owner or keeper, to be recovered in a civil action.
(c) If a person takes up and secures a ram thus found at large with such initials upon its body, he shall give notice within two days to the owner thereof, if known, and if not known, shall post in a public place near where the same was found, a written notice describing the marks upon its body and the place where secured. If the owner, within six days thereafter, tenders or pays to such person $3.00, the ram shall be restored, otherwise it shall become the property of such person.
§ 3349. Stallions
(a) An owner or keeper of a stallion, more than one year old, who wilfully or negligently permits such stallion to run at large out of the enclosure of such owner or keeper, shall be fined for each instance not more than $500.00 nor less than $100.00 and shall also be liable to a party injured for the damage done by such stallion while running at large.
(b) A person who owns or keeps a stallion over one year of age, between April 1 and December 1, in a private enclosure in such a manner as to disturb and annoy the owner or occupant of adjoining premises shall be fined $5.00 for each week he so keeps such stallion after he has received three days' notice from an adjoining owner or occupant to remove such stallion. (Amended 1997, No. 16, § 2.) § 3350. Repealed. 1997, No. 16, § 4.
§ 3381. Maintenance of pounds
Each organized town shall maintain as many good and sufficient pounds as it may need for the impounding of beasts liable to be impounded. The pound may be kept in an adjacent town if the adjacent town consents and the poundkeeper may be a resident of an adjacent town. Each town may regulate the operation of its pounds except as to matters regulated by statute. (Amended 1963, No. 74, § 1.)
§ 3382. Penalty for failure to maintain pound
If a town, for the term of six months at one time, is without such pound, it shall be fined $30.00.
§ 3383. Impounding, when no pounds
If a town does not have such pound, a person wishing to impound a beast may use his barn or some other enclosure for that purpose, notifying the owner of such beast where the same is impounded.
§ 3384. Security to poundkeeper
When a person impounds a beast, the poundkeeper may require sufficient security to indemnify him for liability for detaining the beast, and for supplying it with food and drink while in the pound. If the person so impounding does not furnish such security within twenty-four hours he may release the beast and deliver the same to the owner or keeper, and the person impounding the beast shall be liable to the poundkeeper for his costs, trouble and expense.
§ 3411. Right to impound
A person may impound a beast found in his enclosure doing damage.
§ 3412. Poundkeeper's duties and liabilities
The poundkeeper shall supply such beast with food and drink while in the pound, and such keeper shall be liable to pay the owner of such beast damages occasioned by neglecting so to do.
§ 3413. Notice by impounder
The person impounding such beast, within twenty-four hours thereafter, shall give notice thereof to the owner or person having the care of such beast, either personally, or by a written notice left at his dwelling house. Such notice shall require such owner or keeper to appear at the dwelling house of the impounder within twenty-four hours to appoint appraisers to fix the damage done by such beast.
§ 3414. Liability for failure to give notice
If a person so impounding a beast does not give such notice, he shall forfeit to such owner or keeper fifty cents for every twenty-four hours' neglect so to do, and shall pay the damages which such owner or keeper sustains in consequence thereof, to be recovered with costs in a civil action.
§ 3415. Appraisers of damages
If the owner or keeper appears, he may appoint one person and the impounder another, to appraise such damage. If such appraisers do not agree, they may appoint a third.
§ 3416. Ascertainment of damages; discharge on payment
The appraisers shall ascertain the damages done by such beast, and make a certificate of the amount thereof, and forthwith transmit the same to the poundkeeper. A beast so impounded shall not be discharged until such damages, charges and costs are paid, nor shall a beast be detained after such payment is made.
§ 3417. Application to district judge
If the owner or keeper of a beast impounded does not appear, or does not appoint an appraiser, or if the appraisers appointed by the parties do not agree upon a third person, the impounder may apply to a district judge who by law can judge between the parties in civil causes, who shall appoint one or more appraisers, as the case requires. (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 74, eff. April 9, 1974.)
§ 3418. Forfeiture for failure to replevy or redeem
If the owner or keeper of a beast impounded does not, within forty-eight hours after notice thereof as aforesaid, either replevy or redeem the same, he shall forfeit three dollars for each beast so by him suffered to remain in pound, and the same sum for every day thereafter he so suffers such beast to remain in pound, and pay the charges to the poundkeeper. Such forfeiture shall be recovered by the poundkeeper for his use in a civil action. (Amended 1981, No. 114 (Adj. Sess.), § 2.)
§ 3419. Sale of beasts
If the owner or keeper of a beast impounded does not, within forty-eight hours after notice thereof, replevy or redeem the same, the impounder may advertise and sell the beast, as provided when the owner is unknown.
§ 3420. Procedure when owner unknown
If the owner of a beast taken in an enclosure, doing damage and impounded, is unknown, the impounder shall, within forty-eight hours, post an advertisement in some public place in the town in which the beast was impounded, and in two adjoining towns, describing such beast and stating the time when and place where the same was impounded.
§ 3421. Payment of damages and charges or sale of beasts
If the owner, within thirty days after the posting of such advertisement, appears and claims the beast, he may receive the same on paying the damages done by it and the charges of impounding, keeping and advertising. If the owner does not appear within the time and claim such beast, the impounder may sell the same at public auction, after six days' notice posted in some public place in the town.
§ 3422. Proceeds of sale
The avails of the sale shall be applied to the payment of the damages done by the beast, to be ascertained by the fence viewers, and the expense of impounding, keeping, advertising, ascertaining the damages done, town clerk's fees and selling the beast. The balance shall be paid to the treasurer of the town in which the beast was impounded, to the use of the owner, if demanded within one year, otherwise to the use of the town.
§ 3423. Record of sale
Immediately after the sale, the impounder shall cause a description of the beast, with an account of the damages, charges and expenses aforesaid, and the sum for which it was sold, to be recorded in the office of the clerk of the town.
§ 3451. Cattle, horses or swine
If a person suffers his neat cattle, horses or swine to run at large on the highways or commons, any person may impound them. The owner shall pay the charges of the impounder and poundkeeper, and the poundkeeper shall not release such animals until the charges are paid.
§ 3452. Notice
When such animals are impounded, the poundkeeper shall, within twenty-four hours, post a notice in a public place in the town, describing the animals and stating the time and place of impounding and the time and place of sale.
§ 3453. Sale
If the owner of the animals, within twenty days, pays the poundkeeper his fees, including his reasonable expenses for advertising and the reasonable expense of keeping, with the impounder's fees, the animals shall be released, otherwise they shall be sold by the poundkeeper at public auction, and the avails shall be applied as in case of the sale of beasts taken doing damage when the owner is unknown. (Amended 1959, No. 262, § 34, eff. June 11, 1959.)
§ 3454. Stallions
A stallion found running at large may be impounded. Within forty-eight hours, the impounder shall notify the owner or keeper thereof. If the owner or keeper does not, within three days after such notice, pay to the impounder such damages as are assessed by three disinterested freeholders, appointed by a justice of the peace or a district judge of the county, with the costs and expenses of impounding, appraising, and the poundkeeper's charge of $50.00 per day, the impounder may sell the stallion at public auction to satisfy the same, giving four days' notice of the time and place of sale, and the balance, after paying the damage and expenses, shall be paid to the treasurer of the town in which the stallion was impounded, for the use of the owner, if demanded within one year, otherwise to the use of the town. (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1997, No. 16, § 3.)
§ 3481. Breaking open pound; unlawful release
A person who breaks open a pound, or directly or indirectly releases a beast impounded, without authority so to do, shall be fined $25.00 and shall be liable to the person impounding for the damages occasioned thereby.
§ 3482. Escapes and rescues
If a beast escapes, or is unlawfully rescued from a pound, such beast may, within five days thereafter, be retaken wherever found and again impounded by the keeper of the pound, or by the person impounding it, and the beast shall be held for the payment of the fees and charges, as in this chapter provided. In case the beast was rescued with the knowledge and assent of the owner or keeper, it shall be held for the payment of the reasonable expense and trouble which accrues in retaking the same, to be paid to the poundkeeper, like other charges and expenses.
§ 3483. Hindering retaking
A person who hinders or impedes a poundkeeper or impounder in retaking a beast shall be fined $10.00 and shall pay the damages to the person injured.
§ 3484. Taking beast from, or impeding impounder
A person who rescues a beast from the custody of a person driving or about to drive it to pound, or resists him in so doing, shall be fined $10.00 and shall pay the damages to the person injured.
§ 3485. Limitation of prosecution
Prosecutions under the provisions of this subchapter shall be commenced within one year after the commission of the offense, and not after.
§ 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.)
§ 3512. Waiver of lien
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.)