THE MUNICIPAL DOG CONTROL WORKSHOP

Transcription

1 THE MUNICIPAL DOG CONTROL WORKSHOP Thursday, May 29, 2014 Capitol Plaza Hotel and Conference Center Montpelier, Vermont 8:30 Registration (coffee and light breakfast provided) AGENDA 9:00 Welcome and Overview of the Day Abby Friedman, Director, VLCT Municipal Assistance Center 9:05 Canine Control Who is Responsible for What? Many elected and appointed municipal officials including animal control officers, town health officers, town clerk, selectboard members, and law enforcement officers have responsibilities for the administration and enforcement of state law and local ordinances regulating domestic dogs. This introductory session will review the different roles local officials play in conducting the annual dog census, handling dog complaints, and more. Sarah Jarvis, Staff Attorney II, VLCT Municipal Assistance Center 10:30 Break 10:45 Regulating Dogs Without a Local Ordinance/Regulating Dogs With a Local Ordinance Vermont law allows towns to impound unlicensed dogs or those running at-large; investigate vicious dogs and render protective orders for the safety of the public; and even establish their own ticketing and hearing process for licensing and other violations, all without adopting an ordinance. Why then the need for an ordinance? What do ordinances allow towns to do that they can t do under the State s general dog control law? This session will explore the differences between the two and highlight the reasons why an ordinance is an indispensible tool for effectively regulating dogs in your community. Garrett Baxter, Senior Staff Attorney, VLCT Municipal Assistance Center 12:00 Lunch (provided) 1:00 The Vicious Dog Hearing The legislative body, within seven days from receipt of the complaint, shall investigate the charges and hold a hearing on the matter. 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. Vermont law requires local legislative bodies to hold a vicious dog hearing within seven days of receiving a complaint from a person bitten by a dog off the owner s property, but it gives no instruction on how such a hearing is to be conducted or how a proper decision is to be constructed. In this session, we ll walk you through how to hold an effective hearing and produce a wellwritten decision. Gwynn Zakov, Staff Attorney I, VLCT Municipal Assistance Center

2 2:15 Break 2:30 Creating an Effective Dog Licensing Program State law requires all dogs more than six months old to be licensed on or before April 1 st of each year. But an effective dog licensing program just doesn t happen over the course of a couple of weeks. It involves more than passively accepting money and issuing tags. It takes public outreach, education, follow-up, and sometimes a little innovation. Our panel of dog licensing experts will share their experiences as well as reveal their secrets to achieving the maximum compliance possible. Donna Kinville, City Clerk, City of South Burlington Joyce Mazzucco, Town Clerk, Town of Randolph 3:15 Complete Evaluations 3:30 Conclusion

3 The Municipal Dog Control Workshop Thursday, May 29, 2014 Capitol Plaza Hotel and Conference Center Montpelier, Vermont ABOUT THE SPEAKERS Donna Kinville is the City Clerk in South Burlington and has held this position for the past 14 years. She is a native Vermonter having grown up in Colchester and attended the University of Vermont where she graduated with a degree in Accounting. Donna has been employed by the City of South Burlington two times prior to becoming the clerk, first as the bookkeeper for the water department and then as the accountant for the school district. Donna is currently very active in the VMCTA Association serving on several committees for the Association. Garrett Baxter is Senior Staff Attorney for VLCT. Since joining VLCT Garrett has been answering questions about dogs since his first week on the job back in April A graduate of George Washington University (BA, 1999) and Vermont Law School (JD, MSEL, 2003), Garrett has reviewed and revised many town dog ordinances, compiled the VLCT Municipal Dog and Wolf-Hybrid Licenses and Fees poster, written newsletter articles addressing different dog issues, works closely with our legislative staff on promoting sensible changes to Vermont s dog laws, and authored the "The Big Book of Woof: Handbook on Vermont Municipal Dog Law". Garrett currently lives in Sheffield. Gwynn Zakov joined VLCT in January 2014 as Staff Attorney I. Gwynn graduated from Trinity University, TX (BA, 2003) and Vermont Law School (JD, MSEL, 2008). She served five years as Second Assistant Clerk of the Vermont House of Representatives and is a former Zoning Administrator for Richmond. She lives in Barre City and is active in her community. She spearheaded the creation of the Barre City Dog Park and currently volunteers on the Development Review Board. In her spare time Gwynn enjoys hiking with her dogs, riding her horse, snowboarding, gardening and dreaming about one day becoming a gentlewoman farmer. Joyce Mazzucco is Town Clerk and Treasurer for the Town of Randolph. She was first appointed in 1998 to both positions when the previous clerk and treasurer decided to retire in the middle of her term, and Joyce has since been re-elected five times. Joyce has been an active member of the Vermont Municipal Clerks and Treasurers Association (VMCTA) since 1998, serving in the past on various committees, including the Certification and Continuing Education Committee, Municipal Records Committee, and Computerization Committee. Joyce has been a presenter at a number of VMCTA and TOEC workshops. She was also a participant in the Best Practices Task Force which assisted in writing the Best Practice Standards for Indexing Land Record Instruments, a joint publication put together by the Office of the Secretary of State and the Vermont Municipal Clerks and Treasurers Association in In 2004, Joyce was awarded the VMCTA Town Clerk of the Year award. Joyce also completed the New England Municipal Clerks Institute, a three year education program, in Sarah Robson Jarvis joined VLCT as Staff Attorney II in January of She was previously in private practice at the firm of Tarrant, Gillies, Merriman & Richardson, where she represented individuals and municipalities. She has also served as the Chief of Staff to the President of Goddard College. Sarah has a JD from the University of Colorado School of Law (1999) and a BA from Connecticut College (1993). She is a former three-term member of the Montpelier City Council, and is a current board member of Montpelier Alive, which is Montpelier's downtown community association.

4 Municipal Dog Control Workshop Vermont League of Cities and Towns Municipal Assistance Center May 2014 Garrett Baxter, Senior Staff Attorney Sarah Jarvis, Staff Attorney II Gwynn Zakov, Staff Attorney I

5 Canine Control Who is Responsible for What? Sarah Jarvis, Esq. Staff Attorney II Municipal Assistance Center Vermont League of Cities and Towns MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

6 Canine Control Topics: Objectives of Animal Control Methods of Animal Control The Regulatory (Licensing) Scheme Investigation and Enforcement of Canine Issues Roles of the Locally-Elected and Appointed Officials MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

7 Objectives of Canine Control Source: Kevin O Connor, Times Argus, March 23, 2014 MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

8 Objectives of Canine Control Health (through immunization) Organization (ID and contact owners) Control Population ($ incentives to spay / neuter) Promote Safety, Health and Welfare (of People and Animals) Protect Quiet Enjoyment of Residents MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

9 Methods of Canine Control Keep Track of Dogs Licensing, Using the Dog Census Place Legal Limits on Acceptable Dog Behavior Set Standards for Care and Breeding of Dogs Cruelty Laws and Standards for Pet Dealers and Breeders Inspect and Investigate to Ensure Compliance Educate and Notify Dog Owners Respond to Complaints About Dogs MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

10 Players in Canine Control State Agencies Selectboard Town Clerk Animal Control Officer Town Health Officer Law Enforcement Officers Private parties, Insurance Companies, and Private Attorneys MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

11 The State s Role Legislature Empowers municipal players Creates licensing scheme (through statute) Sets licensing fees (can be altered by charter) Sets cruelty standards and enforcement protocol Department of Agriculture Creates rules regarding inoculation / vaccine Creates Animal Welfare Standards Inspects premises of Pet Dealers (unless local inspection by ACO) Department of Health Establishes protocols for public health risks (rabies) MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

12 The Municipality s Role Mandatory Role: Enforce State Law (Licensing) Keep Records of Dogs in Town Respond to Complaints of Dogs that Bite Optional Role: Act for the State (Inspection of Pet Dealers by ACO) Create and Enforce Local Ordinance Protect Quiet Enjoyment of Residents MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

13 Licensing MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

14 Licensing Types of Licenses: 1. Basic Dog License 2. Pet Dealers License 3. Breeding License 4. Working Farm Dog License MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

15 Types of Licenses Basic Dog License Required for all dogs > 6 months of age Owner must get license within 30 days of obtaining dog Not for visiting dogs Licensed and properly tagged and In VT for > 90 days MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

16 Types of Licenses Pet Dealers License Pet dealer" is a person who sells or exchanges or offers to sell or exchange - dogs, or wolf hybrids from three or more litters in any 12-month period. Does not apply to pet shops licensed by the Agency of Agriculture, animal shelters, or rescue organizations. Dealer must allow inspection of premises as a condition for receiving permit MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

17 Types of Licenses Breeding License Entirely voluntary Serves private purpose License is in place of basic license License for the breeder, not the dogs, so every individual dog that leaves the breeder (sold or given away) will need to obtain a license. Does not apply to neutered dogs MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

18 Types of Licenses Breeding License Contingent on dog being kept in proper enclosure proper enclosure is a locked fence or structure of sufficient height and sufficient depth into the ground to prevent the entry of young children and to prevent the animal from escaping. A proper enclosure also provides humane shelter for the animal. 20 V.S.A. 3583(a),(1) MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

19 Types of Licenses Working Farm Dog License Working farm dog = bred or trained to herd or protect livestock or poultry or to protect crops and is used for those purposes and that is registered as a working farm dog. 20 V.S.A. 3541(9). Exempt from town regulation of barking or running at large ONLY when: o registered; o on the property of the farmer who registered it; and o being used to herd or protect livestock, poultry, or crops. MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

20 Inspections Pet Dealers must allow inspection: Looking for compliance with Animal Welfare Standards Conducted by ACO, law enforcement officer, Representative of Agency of Agriculture Scheduled in advance; pet dealer or agent present; limited to areas used for animal housing, care, birthing, and storage of food and bedding. No photos or video without written consent. Results of inspections are to be submitted to and maintained by the town. MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

21 Licensing Fees Basic Fee OR Breeder's License + State Surcharges: $1 for state rabies control program and $3 for spay and neuter program. Surcharges attach to license, not to dog, so if Breeding License the surcharge is only added once. + (if applicable) Working Dog License: $5 + (if applicable) Pet Dealer's License: $25 + (optional) Town surcharge if local rabies control program MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

22 Licensing Fees Basic fee: $4 for neutered/spayed dog $8 unaltered dog Fee increases for late payment After April 1 => 50% increase from basic fee Fee is prorated after October 1 => 50% decrease from basic fee MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

23 Licensing Fees Breeder s License Fee: $30 for 10 dogs, + $3 for each additional dog Fee for Breeder's License is in place of base fees - this not the case for Pet Dealer s License or Working Dog License. MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

24 Licensing Fees Where does money go? State surcharges go to State Treasurer for support of rabies control and spay neuter programs Town retains remainder. Of that remainder, if Clerk is compensated in whole or in part by fees, the Clerk will end up with $2 for every license issued. 20 VSA 3588 MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

25 Town Clerk Clerk has multiple responsibilities: Issuing Licenses Collecting Fees Providing Information Required: Animal Welfare Standards Suggested: Legal requirements of licensing & inoculation Record Keeping Sending out Notices MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

26 Town Clerk MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

27 Town Clerk Record keeping: Licenses issued or transferred from other towns Fees paid Rabies vaccination certificates (or certified copies) Record of inspections of Pet Dealers Records of dog bite complaints, hearings, and resolutions MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

28 Town Clerk Fees: Money received into town treasury within 60 days of receipt. Provide sworn statement of money received and paid over. State surcharges to state treasurer before the 15th of May, September, and January of each year with an accounting of the licenses sold. 20 VSA 3581, 3588 MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

29 Questions

30 The Dog Census Each town s selectboard must annually designate one or more persons to maintain a list of unlicensed, inoculated and licensed dogs and wolfhybrids owned or kept in their municipality and to submit the list to the municipal clerk 20 V.S.A MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

31 The Dog Census MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

32 The Dog Census Clerk notifies all on list of legal obligation to license or inoculate. Also notifies that dog may be impounded and humanely destroyed for failure to comply. VLCT recommends posting reminder notices in addition to direct contact. After May 30, Clerk notifies Selectboard of those on list who are not licensed or inoculated. MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

33 The Dog Warrant "Warrants" Selectboard can issue a "warrant" to impound unlicensed dogs in town Must try to find suitable home before impound May be transferred to shelter for adoption May be humanely destroyed if no suitable placement Should send warning letter before taking action 20 VSA 3621, 3622 MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

34 The Dog Warrant 20 VSA 3622 Form of warrant State of Vermont: ) County, ss. ) To, constable or police officer of the town or city of : By the authority of the state of Vermont, you are hereby commanded forthwith to impound and destroy in a humane way all dogs and wolfhybrids not duly licensed according to law Given under our hands at, aforesaid, this day of, 20. Legislative Body MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

35 Responding to Complaints Animal Cruelty Matter of criminal law VSA 351 et. seq. Enforced by "humane officers" - including Animal Control Officers, law enforcement officers, Local Board of Health We recommend referral to local Humane Society or law enforcement officer Resource: Vermont Animal Cruelty Task Force (VACTF). MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

36 Responding to Complaints Dog Bites Written complaint of dog bite to selectboard Selectboard (or designee) investigates Schedules and holds a hearing Makes a determination / Orders action Health care providers are required to report dog bites to Town Health Officer if rabies suspected Vermont Communicable Disease Regulations 4-401a MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

37 Town Health Officer Town Health Officer Response to Bite Complaint: Contact victim and owner of dog to investigate Complete Animal Bite Report Form Determine rabies vaccination status Require that animal be confined and observed for 10 days Follow-up after the 10 days to determine if healthy and inform victim SEEK GUIDANCE! State Public Health Veterinarian: MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

38 Town Health Officer MAY 2014

39 Animal Control Officer Formerly elected or appointed now appointed. References to the position in Vermont law: 13 V.S.A. 351(4): included in the definition of humane officer or officer for purposes of VT s laws regarding cruelty to animals; 20 V.S.A. 3621(a): may be issued a warrant by the selectboard directing to impound all unlicensed dogs; and 20 V.S.A. 3682(a): can conduct inspections of pet dealer s premises. MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

40 Animal Control Officer No minimum requirements for training or certification of ACOs. No state entities that provide protocol (such as there are for THO) Authority comes from: Statute Ordinance Job description Contract MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

41 Animal Control Officer Recommended tasks: Keep record of all dogs in town (inoculation and license history, owner contact information) Educate the public Become point person for all complaints Catalog complaints and responses Make regular reports to selectboard Provide recommendations for action MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

42 Enforcement State Law Enforced by Law Enforcement Officers (Municipal Police, Sheriff, State Police, Constable with law enforcement certification) Local Ordinances Enforced by Law Enforcement Officers AND local officials IF named in ordinance MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

43 Tickets The Judicial Bureau (f/k/a the Traffic and Municipal Ordinance Enforcement Bureau ) Language of Ordinance creates authority and designates process. Local officials must be named / designated in the ordinance MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

44 Tickets The custodial official Record keeper Point of contact for Judicial Bureau Receive all communications Notified when tickets paid Notified when pending court hearing In charge of notifying issuing official of court Must be officially designated by town MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

45 Tickets Town contacts Vermont Judicial Bureau Provide information: ID custodial official ID individuals with authority to write tickets Request: Ticket Books (use form) Officer Numbers Vermont Judicial Bureau P.O. Box 607, White River Jct., VT (802) MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

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48 Issuing Tickets Document all of the required elements of ordinance Complete all sections of the ticket Officer Number always required Violation Code required by some Hearing Officers Inquire of and complete the Service Member s Civil Relief Act affidavit Write legibly MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

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50 Issuing Tickets Serve or issue copies of the ticket with the envelope provided by the Judicial Bureau File the original ticket with the Judicial Bureau Make adequate notes on your copy of the ticket to allow for effectively prosecution of the ticket The copy of the ticket with notes must be filed with custodial official MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

51 Prosecuting Tickets Be prepared: Request / subpoena witnesses Bring certified copies of ordinance, and copies of minutes or documents showing your appointment as an issuing authority Be aware of court room decorum Be prepared to testify on all pertinent elements of the violation Know the town policy on negotiations when it comes to issued tickets MUNICIPAL DOG CONTROL WORKSHOP MAY 2014

52 Questions

53 The Municipal Dog Control Workshop Regulating Dogs Without an Ordinance/Regulating Dogs With an Ordinance Garrett Baxter, Esq. Senior Staff Attorney Municipal Assistance Center Vermont League of Cities and Towns

54 Municipal Dog Ordinances STATE DOG CONTROL LAW

55 State Dog Control Law Basic Statutory Scheme We have consistently adhered to the so-called Dillon's Rule that a municipality has only those powers and functions specifically authorized by the legislature, and such additional functions as may be incident, subordinate or necessary to the exercise thereof. Petition of Ball Mountain Dam Hydroelectric Project, 154 Vt. 189 (1990).

56 State Dog Control Law Basic Statutory Scheme 1. WHAT YOU MUST DO 2. WHAT YOU MAY DO 3. WHAT YOU CAN DO

57 1. WHAT YOU MUST DO

58 State Dog Control Law Killing Dogs Some Laws Are Not What They Appear 20 V.S.A For those ACO s that are also police officers or constables the law mandates that you SHALL humanely destroy or cause to be destroyed dogs or wolf-hybrids whenever a warrant has been issued authorizing such action

59 State Dog Control Law Killing Dogs Some Laws Are Not What They Appear 20 V.S.A (Y)ou are hereby commanded forthwith to impound all dogs and wolf-hybrids not duly licensed according to law, except as exempted by 20 V.S.A. 3587;... A dog or wolf-hybrid that is impounded MAY be transferred to an animal shelter or rescue organization for the purpose of finding an adoptive home for the dog or wolf-hybrid. If the dog or wolf-hybrid cannot be placed in an adoptive home or transferred to a humane society or rescue organization within ten days, or a greater number of days established by the municipality, the dog or wolf-hybrid MAY be destroyed in a humane way.

60 State Dog Control Law Killing Dogs Some Laws Are Not What They Appear 20 V.S.A The legislative body of a municipality MAY at any time issue a warrant to impound all dogs or wolf-hybrids within the town or city not licensed... A dog or wolf-hybrid impounded by a municipality under this section MAY be transferred to an animal shelter or rescue organization for the purpose of finding an adoptive home... If the dog or wolf-hybrid cannot be placed in an adoptive home or transferred to a humane society or rescue organization within ten days, or a greater number of days established by the municipality, the dog or wolf-hybrid MAY be destroyed in a humane way...

61 State Dog Control Law Issuing/Recording Licenses 20 V.S.A Municipal clerks SHALL issue licenses and receive the money therefor, and pay the same into the municipal treasury, within 60 days of the receipt thereof, retaining to their own use $2.00 for each license or permit, and SHALL return therewith a sworn statement of the amount of moneys thus received and paid over by them.

62 State Dog Control Law Issuing/Recording Licenses 20 V.S.A Municipal clerks SHALL also keep a record of licenses issued by them, with the names of the owners or keepers of the dogs or wolf-hybrids licensed and the names, registered numbers and descriptions of such dogs or wolf-hybrids.

63 State Dog Control Law The Doggie Census 20 V.S.A Selectboard MUST designate someone every year to keep a list of unlicensed, inoculated and licensed dogs and submit it to the Town Clerk; Town Clerk MUST notify owners on the list whose dogs aren t licensed or inoculated, and after May 30 th give an updated list back to the Selectboard.

64 State Dog Control Law The Doggie Census 20 V.S.A These owners MUST be notified that unlicensed or uninoculated dogs may be destroyed; The Selectboard MAY issue a warrant to police officers, constables, pound keepers or ACO s directing them to impound all unlicensed dogs (except dogs brought into VT < than 90 days.

65 State Dog Control Law The Doggie Census 20 V.S.A The warrant is not a search warrant permitting you to search someone s property and seize their dog. Impounded dogs can only be destroyed if can t be placed in adoptive home or transferred to a humane society or rescue organization with ten days.

66 State Dog Control Law The Vicious Dog Hearing 24 V.S.A. 3546(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.

67 State Dog Control Law The Vicious Dog Hearing 24 V.S.A. 3546(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.

68 State Dog Control Law The Vicious Dog Hearing 24 V.S.A. 3546(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 wolfhybrid is disposed of in a humane way, muzzled, chained, or confined.

69 State Dog Control Law The Vicious Dog Hearing 24 V.S.A. 3546(e) The procedures provided in this section SHALL NOT apply if the voters of a municipality, at a special or annual meeting duly warned for the purpose, have authorized the legislative body of the municipality to regulate domestic pets or wolf-hybrids by ordinances that are inconsistent with this section, in which case those ordinances SHALL APPLY.

70 State Dog Control Law Working Farm Dogs 24 V.S.A (S)HALL NOT prohibit or regulate the barking or running at large of a working farm dog when it is on the property being farmed by the person who registered the working farm dog, pursuant to subsection 3581(a) of this title, in the following circumstances: (1) If the working farm dog is barking in order to herd or protect livestock or poultry or to protect crops. (2) If the working farm dog is running at large in order to herd or protect livestock or poultry or to protect crops.

71 2. WHAT YOU MAY DO

72 State Dog Control Law Killing Dogs Killing dogs that suddenly assault you or when necessary to discontinue an attack of another person so long as the dog isn t either restrained, within an enclosure, or on the owner s premises. 20 V.S.A. 3545(a). Killing dogs found wounding, worrying, or killing another domestic pet/animal when necessary to prevent injury. 20 V.S.A. 3545(b). Killing suspected rabid dogs attacking people, domestic pets or animals. 20 V.S.A As part of a protective order resulting from a vicious dog hearing. 20 V.S.A. 3546(c).

73 State Dog Control Law Impounding Dogs 20 V.S.A State law also permits you to impound dogs under certain circumstances: Suspected of having been exposed to rabies; Believed to have been attacked by another animal that may be rabid; Attacked by a wild animal; Running-at-large; Unknown vaccination history.

74 State Dog Control Law Impounding Dogs 20 V.S.A When a dog has been impounded under this law notice must be provided to: The owner (if known) within 24 hours by: In-person communication; Telephone call; or Written statement to the last known address. If unknown by: Posting notification in the clerk s office and other usual places for public notice for a one-week period.

75 State Dog Control Law Impounding Dogs 20 V.S.A If the dog IS considered a rabies suspect/running-atlarge: It must be killed; If the dog IS suspected of having exposed a person, domestic pet/animal: It must be managed in accordance with the rules of the VT Department of Health.

76 State Dog Control Law Impounding Dogs 20 V.S.A If the dog is NOT considered a rabies suspect: The dog may be delivered to its owner; If you can t find out who the owner is or it is impractical to confine/impound the dog: The Selectboard or its designee may order it killed.

77 State Dog Control Law Impounding Dogs What an Ordinance Can Do for You Recoup impoundment costs/penalties; Require proof of licensure/vaccination; Impound for reasons other than just running-at-large or being a rabies suspect; and/or Impound pending the resolution of a vicious dog hearing.

78 State Dog Control Law Municipal Ticketing 20 V.S.A Establishes a local administrative appeal process; Allows ticketing for violating: Failure to license or inoculate dog; Failure to obtain a pet dealer permit; Refusal to comply with an order from a municipal official ordering the killing of a rabid dog. Who can issue tickets? Selectboard or its designee;

79 State Dog Control Law Municipal Ticketing 20 V.S.A Amount of civil penalty is determined by calculating the following factors: Degree of actual or potential impact on public health, safety, and welfare from the violation; Whether the violator has cured the violation; The presence of mitigating circumstances ; Whether the violator knew or had reason to know the violation existed;

80 State Dog Control Law Municipal Ticketing 20 V.S.A Amount of civil penalty is determined by calculating the following factors: The violator s record of compliance; Deterrent effect of the penalty; Costs of enforcement; Length and time the violation has existed. THE MAXIMUM FINE AMOUNT IS $500.00

81 State Dog Control Law Municipal Ticketing 20 V.S.A When Selectboard has reasonable grounds to believe a violation has occurred it may issue a notice of violation delivered in person or sent by registered mail. Notice of violation MUST include: The civil penalty (up to $500.00); Brief description of the alleged violation and law alleged to have been violated;

82 State Dog Control Law Municipal Ticketing 20 V.S.A Statement that violator has a right to a hearing before the selectboard, description of how to request a hearing, and that failure to do so within 21 days of mailing of the notice will result in a final decision with no right to appeal. Directive of what actions the violator can take to achieve to come into compliance with the law (if applicable).

83 State Dog Control Law Municipal Ticketing 20 V.S.A If a hearing IS requested within 21 days it must be held within 14 days of receipt of the request; Selectboard may: Affirm, Reduce or Eliminate the penalty. Decision must be mailed by certified mail; Decision is effective 5 days following mailing. Selectboard may bring a collection action in Small Claims or Superior Court if violator fails to pay.

84 State Dog Control Law Municipal Ticketing 20 V.S.A If a hearing IS requested within 21 days it must be held within 14 days of receipt of the request; Violator who had a hearing may appeal the Selectboard s decision within 30 days of its receipt to Super Court. Selectboard may apply to Superior Court to enjoin any violation. Court may have the dogs seized and disposed of when the owner refuses to inoculate or license or when considered a threat to the public welfare.

85 State Dog Control Law Municipal Ticketing 20 V.S.A If a hearing IS NOT requested, the decision will be final and the penalty levied must be paid within 35 days following mailing of the notice of violation.

86 3. WHAT YOU CAN DO

87 Municipal Dog Ordinances Sources of Authority: 24 V.S.A. 2291(10): To regulate the keeping of dogs, and to provide for their leashing, muzzling, restraint, impoundment, and destruction.

88 Municipal Dog Ordinances Sources of Authority: 20 V.S.A. 3549: The legislative body of a city or town by ordinance may regulate the keeping, leashing, muzzling, restraint, impoundment, and destruction of domestic pets or wolf-hybrids and their running at large except that a legislative body of a city or town shall not prohibit or regulate the barking or running at large of a working farm dog...

89 Municipal Dog Ordinances Sources of Authority: 24 V.S.A. 2291(10): To regulate the keeping of dogs, and to provide for their LICENSING, leashing, muzzling, restraint, impoundment, and destruction. 20 V.S.A. 3549: The legislative body of a city or town by ordinance may regulate the LICENSING, keeping, leashing, muzzling, restraint, impoundment, and destruction of domestic pets or wolf-hybrids...

90 Municipal Dog Ordinances In addition to allowing you to have a leash law and otherwise regulating dogs running at large, these two statutes permit you to regulate their impoundment which could include: Impounding dogs: pending verification of licensure and vaccination; and/or resolution of a vicious dog hearing; and/or for severity/multiple/repeat offenses.

91 Municipal Dog Ordinances Sources of Authority: 24 V.S.A. 2291(14): To define what constitutes a public nuisance, and to provide procedures and take action for its abatement or removal as the public health, safety, or welfare may require.

92 Municipal Dog Ordinances Excessive barking, whining, calling, or howling; Confining dogs in heat; Pooper Scooper regulations; Addressing potentially vicious dogs; The ability to address bad owners by correcting behavior.

93 Municipal Dog Ordinances Punish the Owner, Not the Dog 24 V.S.A. 2291(10): To regulate the keeping of dogs, and to provide for their leashing, muzzling, restraint, impoundment, and destruction. Train it/yourself or lose it; Condition/Restrict/Prohibit ownership.

94 Municipal Dog Ordinances The Enforcement Officer is authorized to recover civil penalties for violations of this Ordinance in the following amounts for each violation: Nuisance One, 1st Offense: $50 or warning Waiver Fee: $25 Nuisance One, 2nd Offense: $100 Waiver Fee: $50 Nuisance One, 3rd Offense: $200 Waiver Fee: $10 Nuisance One, 4th & Subsequent Offense: $300 Waiver Fee: $150 Nuisance Two, 1st Offense: $100 or warning Waiver Fee: $50 Nuisance Two, 2nd Offense: $200 Waiver Fee: $100 Nuisance Two, 3rd Offense: $300 Waiver Fee: $150 Nuisance Two, 4th & Subsequent Offense: $400 Waiver Fee: $200 Nuisance Three, 1st Offense: $200 or warning Waiver Fee: $100 Nuisance Three, 2nd Offense: $400 Waiver Fee: $200 Nuisance Three, 3rd Offense: $600 Waiver Fee: $300 Nuisance Three, 4th & Subsequent Offense: $800 Waiver Fee: $400

95 Municipal Dog Ordinances Ease of ticketing through the Judicial Bureau; Use of collection agencies for unpaid tickets. Fine amounts in excess of $500.00; Cap on civil ordinance violations is $ Institute waiver fees to avoid the time and expense of Judicial Bureau hearings.

96 Laws without enforcement are just good advice. Abraham Lincoln

97 Questions

98 CONCLUSION Additional Information: Phone: ext The Big Book of Woof is available for purchase at our on-line Marketplace Bookstore at:

99 The Vicious Dog Hearing When do you HAVE TO hold the Hearing? Notice The Hearing The Decision/Protective Order The Alternative

100 The Vicious Dog Hearing When Do You HAVE TO Hold The Hearing?

101 The Vicious Dog Hearing When a domestic pet or wolfhybrid 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 20 V.S.A. 3546(a)

102 The Vicious Dog Hearing 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 20 V.S.A. 3546(a)

103 The Vicious Dog Hearing 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 20 V.S.A. 3546(a)

104 The Vicious Dog Hearing Bitten a person; While the domestic pet or wolfhybrid is off the premises of the owner or keeper The person bitten requires medical attention for the attack; Such person may file a written complaint with the legislative body of the municipality.

105 The Vicious Dog Hearing What if the attack occurs while the dog is ON the premises of its owner or keeper? Odds are that the attack did occur on the owner s premises. Approximately 70% of all dog bites occur on the owner s premises. Source: Dog Bite Law Center

106 The Vicious Dog Hearing If the attack occurred on the premises of the owner: You are not statutorily obligated to hold a vicious dog hearing. Unless your ordinance addresses dog bites that occur on the owner s premises you may not have the authority to issue a protective order.

107 The Vicious Dog Hearing Bitten a person; While the domestic pet or wolfhybrid is off the premises of the owner or keeper; The person bitten requires medical attention for the attack; Such a person may file a written complaint with the legislative body of the municipality.

108 The Vicious Dog Hearing Bitten a person; While the domestic pet or wolfhybrid is off the premises of the owner or keeper; The person bitten requires medical attention for the attack; Such a person may file a written complaint with the legislative body of the municipality.

109 The Vicious Dog Hearing Despite the statute s general title, investigation of vicious dogs, it deals specifically with investigation of dogs that bite rather than any general right to control dogs The town s right to control dogs that bite does not give rise to a generalized duty to control vicious dogs. Rubin v. Town of Poultney, 168 Vt. 624 (1998).

110 The Vicious Dog Hearing 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. 20 V.S.A. 3546(a)

111 The Vicious Dog Hearing Time; Date; Place where the attack occurred; Name/address of the victim(s); Any other facts to assist the selectboard s investigation. Without this information you won t have enough info in order to hold a vicious dog hearing.

112 The Vicious Dog Hearing Regardless of whether the complaint is complete or not you still must notify the local town health officer who must: 1. Contact the victim and the owner of the dog to investigate the incident; 2. Complete the Animal Bite Report Form (included in the Town Health Officer Manual); 3. Determine the dog s rabies vaccination status; and 4. Require that the dog be confined and observed for 10 days to determine whether it is healthy.

113 The Vicious Dog Hearing 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. 20 V.S.A. 3546(b)

114 The Vicious Dog Hearing What does the Legislature mean by investigate?

115 The Vicious Dog Hearing Notice

116 The Vicious Dog Hearing 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. 20 V.S.A. 3546(b)

117 The Vicious Dog Hearing Does the Public Need to be Notified? Warning a special selectboard meeting: Time, place and purpose of this meeting must be publicly announced at least 24 hours before the meeting. Publicly announced means: notice is given to an editor, publisher or news director of a newspaper or radio station serving the area of the state in which the public body has jurisdiction, and to any editor, publisher or news director who has requested under 1 V.S.A. 312(c)(5) of this title to be notified of special meeting. 1 V.S.A. 310 (4). The notice must be posted in or near the town clerk s office and in at least two other public places in town. Also, unless waived previously by the board members, notice must be given orally or in writing to each member of the board. 1 V.S.A. 312(c)(2).

118 The Vicious Dog Hearing The Hearing

119 The Vicious Dog Hearing What s a quasi-judicial proceeding? A case in which the legal rights of one or more persons who are granted party status are adjudicated, which is conducted in such a way that all parties have opportunity to present evidence and to cross examine witnesses presented by other parties, which results in a written decision, and the results of which is appealable to a higher authority. 1 V.S.A. 310(5)

120 The Vicious Dog Hearing If the domestic pet or wolfhybrid 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. 20 V.S.A. 3546(c)

121 The Vicious Dog Hearing If the domestic pet or wolfhybrid 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. 20 V.S.A. 3546(c)

122 The Vicious Dog Hearing A black lab mix named Zoey attacked Mr. Moore s rat-terrier mix. Mr. Moore cut his thumb trying to get his dog out of Zoey s mouth. Rutland City Board of Alderman deemed Zoey vicious and permanently barred her from the city limits. Zoey s owners, the Millers, appealed the Board s decision to the Rutland County Superior Court.

123 The Vicious Dog Hearing The Superior Court agreed with the Board of Alderman that Zoey was in fact vicious. HOWEVER, the court held that Zoey was not vicious to the point where [it] needs to be permanently banished from the City of Rutland. Instead, the Court ordered Zoey to be kept under the control of her owners at all times to avoid any further vicious act. Miller v. City of Rutland Docket No Rdev

124 The Vicious Dog Hearing The Rutland case highlights this two-tiered analysis by a selectboard in conducting a vicious do hearing: 1. Determining whether the dog bit the victim without provocation; and 2. Rendering a protective order commensurate with the facts and circumstances of the case.

125 The Vicious Dog Hearing If 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. 20 V.S.A. 3546(c)

126 The Vicious Dog Hearing Some questions to ask to inform your protective order: When was the dog s last vet visit? Is the dog unaltered? How is the dog usually kept on the property? Has the owner/dog ever received any training? Has the dog ever bitten someone before?

127 The Vicious Dog Hearing The Decision / Protective Order

128 The Vicious Dog Hearing The Decision/Protective Order Two Methods: Private deliberative session; and Public deliberative session. Private deliberative session should result in better-reasoned and more thorough decisions. Allows a selectboard to deliberate and reach a decision in private, similar to a jury, without undue influence from the parties or the public.

129 The Vicious Dog Hearing The Decision/Protective Order Deliberative (Public or Private): Do not need to be warned/noticed; Do not require the taking of minutes; Do not require votes to be publicly declared: Minutes/written decision speaks for the public body. A written decision issued by a public body in connection with a quasi-judicial proceeding need not be adopted at an open meeting if the decision will be a public record. 1 V.S.A. 312(f)

130 The Vicious Dog Hearing The Decision/Protective Order 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 hybrid-wolf is disposed of in a humane way, muzzled, chained, or confined. 20 V.S.A. 3546(c)

131 The Vicious Dog Hearing The Decision/Protective Order If the domestic pet or wolfhybrid 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 hybrid-wolf is disposed of in a humane way, muzzled, chained, or confined. 20 V.S.A. 3546(c)

132 The Vicious Dog Hearing The Decision/Protective Order Order an unaltered dog to be neutered, unless a vet deems the animal unfit due to a medical condition; Require the owner to successfully complete a responsible dog owner course; Require the dog to successfully complete the American Kennel Club s Canine Good Citizen Program. Require the owner provide proof of an adequate amount of insurance.

133 The Vicious Dog Hearing The Decision/Protective Order The Appeal: Any action or failure or refusal to act by an agency of the state or a political subdivision thereof, including any department, board, commission, or officer, that is not appealable under Rule 74 may be reviewed in accordance with this rule if such review is otherwise available by law. V.R.C.P. Rule 75(c)

134 The Vicious Dog Hearing The Decision/Protective Order The Appeal: When no time limit is specified by statute, the complaint shall be filed [with the Court] within 30 days after notice of any action or refusal to act of which review is sought and, in the event of a failure to act, within six months after expiration of the time in which action should reasonably have occurred. V.R.C.P. 75(c)

135 The Vicious Dog Hearing The Decision/Protective Order What happens if the owner fails to comply with the protective order? 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. 20 V.S.A. 3546(c)

136 The Vicious Dog Hearing The Alternative

137 The Vicious Dog Hearing The Alternative The procedures provided in this section shall not apply if the voters of a municipality, at a special or annual meeting duly warned for the purpose, have authorized the legislative body of the municipality to regulate domestic pets or wolf-hybrid by ordinances that are inconsistent with this section, in which case those ordinances shall apply. 20 V.S.A. 3546(e)

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