Article 5-3 . ENFORCEMENT AND IMPOUNDMENT

ARTICLE III. ENFORCEMENT AND IMPOUNDMENT

5-24 Penalties.

An offense of any provision of this chapter by any person shall be deemed a civil ordinance violation and shall be punishable by the following penalties:

(1) First offense. A first offense of any provision of this chapter in any twelve-month period shall be punishable by a fine of no less than one hundred dollars ($100.00) and no more than one hundred fifty dollars ($150.00). The waiver fine shall be one hundred dollars ($100.00).

(2) Second offense. A second offense of any provision of this chapter in any twelve-month period shall be punishable by a fine of no less than one hundred fifty dollars ($150.00) and no more than two hundred fifty dollars ($250.00). The waiver fine shall be one hundred fifty dollars ($150.00).

(3) Third and subsequent offenses. A third or subsequent offense of any provision of this chapter in any twelve-month period shall be punishable by a fine of no less than two hundred fifty dollars ($250.00) and no more than five hundred dollars ($500.00). The waiver fine shall be two hundred fifty dollars ($250.00).

In addition to the penalties provided in this section, any animal found in violation of this chapter may be impounded as provided in section 5-25 of this chapter.

(Ord. of 6-23-97; Ord. of 6-4-07, eff. 7-4-07)

5-25 Impoundment.

(a) Authority to impound. Dogs in violation of any provision of this chapter may be taken by the enforcement officer and impounded in the city pound and there confined in a humane manner. The enforcement officer may, in lieu of boarding and when in the public interest and consistent with the public safety, allow an impounded dog to remain confined in the custody of its owner on the owner’s recognizance that the dog shall remain confined to the owner’s property, follow the terms of impoundment set by the enforcement officer and shall not be in violation of any provision of this chapter. Confinement in lieu of boarding shall continue until such time as the violation or condition authorizing impoundment has been abated.

(b) Impoundment fees. Any dog impounded under the provisions of this chapter shall be released only on payment of a seventy-five dollars ($75.00) impoundment fee.

(c) Boarding fee. In addition to the impoundment fee charged herein there shall be an additional charge of ten dollars ($10.00) per day for board for each day the dog is impounded, except that if an animal is claimed up to three (3) hours after impoundment, the owner will be responsible for one-half (1/2) day’s boarding fee. If an animal is claimed within two (2) hours of opening business hours on the following business day, the owner will not be charged for that day’s boarding fee.

(d) City clerk to collect fees before releasing dog. It shall be the duty of the city clerk to collect all pound and board fees before releasing a dog.

(e) Unlicensed dogs to be licensed before release. If an impounded dog is unlicensed, in addition to the impounding and boarding fees set forth herein, the dog shall not be released without the payment of the license fee required by section 5-17, except that if the impounded dog has not had its proper vaccinations to be registered a forty-five dollar ($45.00) cash deposit shall be posted with the city clerk or his or her designated agent(s) until proof of registration is presented. A dog released under cash deposit shall be registered within two (2) working days after its release. If the dog is not registered within the time period set forth herein, the cash deposit shall be forfeited and the owner of the animal shall be subject to additional penalties under the provisions of 20 V.S.A. Chapter 193

(f) Disposition of unredeemed dogs. If any impounded dog with a current and effective license established by proof of a dog license tag, is not redeemed within (7) days of its impoundment, it shall be sold or given away. If any impounded dog without a current and effective license established by proof of a dog license tag, is not redeemed within (5) days of its impoundment, it shall be sold or given away. Any proceeds from the sale of any impounded dog shall first be allocated to taxes, fees and other charges related to the impoundment. Any balance then remaining shall be paid to the owner if any is found. If proceeds from the sale of the unredeemed dog do not cover the costs associated with the impoundment, the balance of sums owed under this chapter may be collected in a civil action brought under this section. If any unredeemed dog is not sold or given away because of disease, temperament or other cause, it shall be destroyed in a humane way. The impoundment period may be waived by the poundkeeper in case of a severely injured animal whose owner cannot be located or is unwilling to claim the animal.

(g) Interference with impoundment. Any person who interferes with the impounding of a dog under provisions of this article or releases, or who attempts to release, an impounded dog contrary to this article shall be in violation of this chapter.

(h) Notice of impoundment. Within twenty-four (24) hours of the impoundment of any dog under this chapter, the enforcement officer shall make every reasonable attempt to notify the owner of the impounded dog of such impoundment. Such notice shall include either personal contact with the owner or a written notice posted at the dwelling house of the owner.

(Ord. of 6-23-97; Ord. of 6-4-07, eff. 7-4-07)

State law reference—Notice by impounder, 20 V.S.A. § 3413.

5-26 Cruelty.

Any person who shall torture, torment or cruelly neglect to provide with necessary sustenance or shelter, or shall cruelly beat or needlessly mutilate or illegally kill any animal, or any person who shall cause any animal to be tortured, tormented, or fight with other animals, or deprived of necessary sustenance or to be cruelly beaten or needlessly mutilated or illegally killed shall be guilty of a misdemeanor offense and shall be punishable by a fine of from one hundred dollars ($100.00) to five hundred dollars ($500.00).

(Ord. of 6-23-97)

5-27 Animal control committee.

(a) Animal control committee established. For purposes of this section, an animal control committee is established. The animal control committee will be a subcommittee of the Burlington Police Commission and shall consist of three (3) commission members to be appointed on an as needed basis by the chair of the Burlington Police Commission. The designated animal control officer shall be the prosecuting officer for any violation brought before the committee.

(b) Vicious dogs. Upon written complaint by a city resident that a dog is alleged to be vicious as defined in section 5-13(e), the animal control committee may hold a hearing on the facts of the complaint and, if the dog is found to be vicious, make such order as necessary to protect the public. Such order may include, but is not limited to, any of the following: confinement in a secure enclosure or other similar restriction, muzzling adoption, or destruction in a humane manner. In addition, the animal control committee may revoke the privilege of any owner to keep, harbor or have custody of any animals while in the city and that no new privileges be granted.

(c) Repeated impoundment. In the event that any dog shall be impounded three (3) or more times in a twelve-month period, the animal control committee may, at the request of an enforcement officer, or in their discretion, hold a hearing after which they may make such order as is necessary to protect the public. Such order may include, but is not limited to, any of the following: confinement in a secure enclosure or other similar restriction, muzzling adoption, or destruction in a humane manner. In addition, the animal control committee may revoke the privilege of any owner to keep, harbor or have custody of any animals while in the city and that no new privileges be granted.

(d) Penalty for violation of orders. Any person who violates any provision of any order of the animal control committee shall be guilty of a misdemeanor offense and shall be punishable by a fine of from one hundred dollars ($100.00) to five hundred dollars ($500.00).

(Ord. of 6-23-97; Ord. of 8-14-00)

5-28 Confinement of animals in vehicles.

(a) A person shall not leave an animal unattended in a standing or parked motor vehicle in a manner that would endanger the health or safety of the animal.

(b) Any humane officer, law enforcement officer, or member of a fire and rescue service may use reasonable force to remove any such animal from a motor vehicle. The officer so removing an animal shall deliver the animal to a humane society, veterinarian or town or municipal pound. If the owner of the animal cannot be found, the officer shall place a written notice in the vehicle, bearing the name of the officer and the department and address where the animal may be claimed. The owner shall be liable for reasonable expenses associated with the removal, delivery, boarding and disposition of the animal and a lien may be placed on the animal for these expenses. The officer may not be held liable for criminal or civil liability for any damage resulting from actions taken under subsection (a) of this section.

(Ord. of 12-16-13(1))