HomeMy WebLinkAboutO - Care and Control of Dogs - Untitled iieceivea a 3, 1 .ar r i•ode)
• Recorded in•Vol. 316 on page-if"/
• • AN ORDINANCE TO AMEND THE CITY ORDiarington Land Reco
,
FOR THE CARE AND CONTROL OF D(705a :Y OI �,
Margaret A,Picard,City Clerk
The Council of the City of South Burlington hereby ordains :
1 . The South Burlington Ordinance for the Care and Control of
Dogs adopted May 7 , 1963 and amended June 3, 1968 and June
16 , 1975 , is amended so that the ordinance shall now read in 1
its entirety as follows :
Section 1 . Definitions
As used in this Ordinance, unless the context otherwise
indicates :
a. "Dog" shall include both male and female.
• b. "Owner" shall include any person or persons,. firm
association or corporation owning, keeping,•=or
harboring a dog.
c. "At large" shall mean off the premises of the owner,
and not under the control of the owner, a member of his
immediately family, or an agent of the owner either by
leash, cord, chain or otherwise within control of such
person so that at all times the dog can be prevented
from causing any damage, disturbance or annoyance.
d. "Enforcement official" when used herein shall mean any
constable, police officer and poundkeeper. It shall
also include any other individual specifically
designated by the City Council to enforce the
provisions of this ordinance.
f. "Vicious Dog" shall man a dog which causes immediate
fear or bodily harm by attack or threatening to attack
a person.
Section 2 . Disturbance by Noise
No person shall keep or harbor any dog which by frequent or long
continued noise disturbs the comfort or repose of persons in the
vicinity.
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Section 3 . Running at Large
No person shall permit a dog owned by him or under his keeping or
control, to run in a street, park or common, unless such a dog
shall be accompanied by the owner or persons have the .keeping or •
control thereof . The owner or keeper of the dog shall not allow 1
his dog to run or trespass on other peoples ' property, namely '.
lawns, gardens, yards, schoolyards or playgrounds, or any other
land used or occupied by any other person.
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Section 4 . Impounding tor Running at Large
• a. Any enforcement official may apprehend any dog found running
at large contrary to the provisions of this ordinance, and
may impound such dog in a municipal pound or other suitable
place designated by the City Council . It shall be the duty ,
of everyenforcement official to apprehend pprehend and impound any
dog found running at large contrary to the provisions of
this ordinance when an appropriate complaint is lodged with
the City Police Department . Prior to apprehending and
impounding any dog pursuant to the provisions of this
section, an enforcement official shall make a reasonable
investigation to determine whether a violation of this
ordinance has occurred.
b. An "appropriate complaint" shall be deemed to have been made
when a person [by telephone] verbally gives the City Police
Department a full description of the dog, including breed
( if known) , size, color and other distinguishing features
which description must be sufficient for an enforcement
official to make a proper identification. If such
description is insufficient for proper identification, no
dog, shall be impounded. The person who made such complaint
shall file in writing with the Police Department a form
furnished by the City setting forth his name, address, phone
number, description of the dog, and circumstances under
which the dog, was believed to be in violation of this
ordinance. If no written complaint is filed, the City, at
its option, may release the dog and charge the complainant
with any impoundment fees or boarding fees which may be due.
-� c . The enforcement official upon apprehending and impounding •
any dog, shall make a complete registry, entering the breed
( if known) , color and sex of such dog, and whether licensed.
If a dog is licensed, the official shall enter the name and
address of the owner and the number of the license tag. He
shall immediately forward a duplicate registry to the City
Clerk to be filed with the dog licenses .
Section 5 . Complaints
A dog, even though not found running at large by an enforcement
official, can be apprehended and impounded for violating the
provisions of this ordinance if written complaints from at least
two City citizens from different households are received by the
Police Department setting -forth the name, address and phone
number of the person filing the complaint, a full description of
the dog including breed ( if known) , size color and other
distinguishing characteristics sufficient for any enforcement
official to make proper identification and circumstances under
which the dog was believed to be in violation of either Section
2 , 3 or 11 of this ordinance. Prior to apprehending and
impounding any dog pursuant to the provisions of this section, an
enforcement official shall make a reasonable investigation to
determine whether a violation of this ordinance has occurred.
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t Section 6 . Enforcement of Private Property
-An enforcement official in enforcing the provisions of this
• ordinance may apprehend a dog found on public or private
property, including the property of the dog[ ' s ] owner. However,
411 prior to entering on private property, an enforcement official
i shall make a reasonable attempt to obtain permission from the
property' s owner or occupant.
w Section 7 . Notice to Owner and Redemption
Not later than two days after the impounding of any dog, the
owner shall be notified, or if the owner [of the dog] is unknown,
written notice shall be placed in the area newspaper describing
the dog and the place and time of taking. The owner of any dog
is so impounded shall reclaim such dog upon payment of the license
fees and other charges required under this ordinance.
t Section 8 . Disposition of Unclaimed Dogs and Cats
It shall be the duty of the poundkeeper to keep all dogs
impounded for a period of six ( 6 ) days . If at the expiration of
six ( 6 ) days from the date of notice to the owner or the posting
of notice such dog shall not have been redeemed, it may be sold,
given away or destroyed. Any owner who fails to redeem his dog
or does not pay boarding fees, impoundment fees , euthanasia and
cremation fees, or any other fees associated with the animal
within thirty ( 30) days of initial impoundment shall be assessed
all of said fees and charges . The sums owned under this section
may be collected in a civil action brought under this section.
• Section 9 . Impoundment Fees
a. Any dog impounded 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
second time in any 12-month period, shall be released only
on payment of $50 . 00 and if so captured for a third offense
in any 12-month period, it shall be released only upon
payment of $75 . 00 with an increase of $100 . 00 in such fee
for each subsequent offense in a twelve month period.
b. In addition to the impounding fees charged herein, there
shall be a boarding charge of [$6 .00] $6 . 50 per day or
faction thereof during which the dog is impounded.
c . The City Council is hereby empowered to increase the
impoundment fees and boarding charges provided for in this
• section by appropriate resolution. The City Council may
make such increases in said fees and charges as they deem
appropriate and necessary from time to time.
[Section 10 . Dog Bites
a. It shall be the duty of every enforcement official to
apprehend and impound any dog that has bitten any person
APO when an appropriate complaint is lodged with the City Police
Department. What constitutes an apprepriate compaint is set
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��ry�� forth in Section 4(b) herein. Prior to apprehending and
Page /., impounding any dog pursuant to the provisions of this
/J section, an enforcement official shall make a reasonable
investigation to determine whether the alleged dog bite did,
in fact, occur and verify the identification of the dog. ]
Section 10. Animal Bites
a. It shall be the duty of every enforcement official to
apprehend and impound any animal, domestic or wild, that has
bitten any person, when an appropriate complaint is lodged
with the City Police Department. What constitutes an
appropriate complaint is set forth in Section 4(b) herein.
Prior to apprehending and impounding any animal pursuant to
the provisions of this section, an enforcement official
shall make a reasonable investigation to determine whether
the alleged animal bite did in fact occur, and to verify the
identification of the animal. All verified dog or cat bites
shall then be handled in accordance with the provisions of
Section 10(b) and (c) . All other animal bites will be
referred to a City Enforcement Official or a City Health
Officer.
b. Any dog or cat apprehended and impounded under this section
shall remain in confinement for a period of ten (10) days.
If, at the expiration of this ten (10) day confinement, . [a
veterinarian or qualified laboratory technician] an
enforcement official shall certify [in writing to the City
Manager of Chief of Police] that the dog [does not carry a
communicable disease] or cat shows no sign of illness, said
dog or cat may be released to its owner or keeper upon
payment of all costs of confinement, care, impoundment fees,
costs of examination of said dog or cat, and license fee, if
any. In the event of the death of any dog or cat while
confined under this section, the owner or keeper shall pay
all costs of confinement, care, impoundment fees, and costs
of examination of said dog or cat during the period of
confinement.
c. Unclaimed dogs or cats shall be disposed of in accordance
with the provisions of Section 8, herein.
Section 11. Licensing
a. No person shall harbor an unlicensed dog contrary to State
Statutes. The fee for each dog license shall be $2.00 above
the fee required by State Statutes. ]
a. All owners of a dog shall be required to annually register .
and license the animal in a manner prescribed by the City
with the City Clerk's Office. Proof of a current rabies
vaccination shall be required for the licensing of any
animal. Dog must wear current license tag at all times when
off the premises of the owner.
b. It shall be the duty of every enforcement official to
apprehend and impound any dog found unlicensed in violation
this ordinance.
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c. Any dog impounded pursuant to this section may be released
to its owner or keeper when said dog is properly licensed Page
with the City and all impoundment fees set forth in Section
9 herein are paid. Unclaimed dogs shall be disposed of in
accordance with the provisions of Section 8 herein.
Section 12. Enforcement
Any person who violates- a provision of this civil ordinance shall
be subject to a civil penalty of up to $100 per day for each day
that such violation continues. Police Officers of the City of
South Burlingon shall be authorized to act as Issuing Municipal
Officials to issue and pursue before the Traffic and Municipal
Ordinance Bureau a municipal complaint.
Section 13. Waiver Fee.
a. An Issuing Municipal Official is authorized to recover a
waiver fee, in lieu of a civil penalty, in the following
amount, for any person who declines to contest a municipal
complaint and pays the waiver fee:
First offense - $15.00
Second offense - $25.00
Third offense - $37.50
Fourth and
Subsequent offenses - $50.00
Offenses shall be counted on a 12-month rolling basis.
Section 14. Civil Penalties.
An Issuing Municipal Official is authorized to recover civil
penalties in the following amounts for each violation:
First offense - $25.00
Second offense - $50.00
Third offense - $75.00
Fourth and
Subsequent offenses - $100.00
Offenses shall be counted on a 12-month rolling basis.
Section 15. Other Relief.
In addition to the enforcement procedures available before the
Traffic and Municipal Ordinance Bureau, the City Manager is
authorized to commence a civil action to obtain injunctive and
other appropriate relief, to request revocation of a license by
the City Council or to puruse any other remedy authorized by law.
Section 16. Animal Waste
The owner of every animal shall be responsible for the removal of
any excreta deposited by his or her animal(s) on public walks,
recreation areas, or public or private property.
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Fags Section 17. Vicious Dog Investigation
Upon written complaint by three (3) City residents, of separate
households, that a dog is alleged to be vicious, the City Council
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.
Section [14. ] 18. Severability
Any part or provision of this 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.
Text to be deleted is shown in brackets. Text to be added is
underlined.
This ordinance shall take effect upon passage.
Dated: OC,-k 01 , 1 q95 S•Ui:U- . CITY OUNCIL
Jill"' J. C. o ti,,Ch 'rman
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Filed and recorded this day of , 1995.
Margaret A. Picard, City Clerk
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END OF DOCUMENT