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 (12) month period shall be punishable by a fine of no less than two hundred dollars ($200.00) and no more than two hundred fifty dollars ($250.00). The waiver fine shall be two hundred dollars ($200.00).

(2)    Second offense. A second offense of any provision of this chapter in any twelve (12) month period shall be punishable by a fine of no less than two hundred fifty dollars ($250.00) and no more than three hundred fifty dollars ($350.00). The waiver fine shall be two hundred fifty dollars ($250.00).

(3)    Third and subsequent offenses. A third or subsequent offense of any provision of this chapter in any twelve (12) month period shall be punishable by a fine of no less than three hundred fifty dollars ($350.00) and no more than five hundred dollars ($500.00). The waiver fine shall be three hundred fifty dollars ($350.00).

In addition to the penalties provided in this section:

(1)    Any person found in violation of this chapter may be subject to a restorative justice process with the Burlington Community Justice Center at the discretion of the animal control committee.

(2)    Any animal found in violation of this chapter may be impounded as provided in Section 5-25.

(Ord. of 6-23-97; Ord. of 6-4-07, eff. 7-4-07; Ord. of 3-24-25)

5-25 Impoundment.

(a)    Authority to impound. Any animal in violation of any provision of this chapter or suspected of being diseased or injured may be taken by the enforcement official and impounded in the city animal shelter and there confined in a humane manner, except that any animal suspected of being a stray may be impounded.

(b)    Impoundment fees. Any animal impounded under the provisions of this chapter shall be released only on payment of a one hundred dollar ($100.00) impoundment fee.

(c)    Boarding fee. In addition to the impoundment fee charged herein there shall be an additional charge of actual expenses for board for the period that the animal is impounded.

(d)    City clerk to collect fees before releasing animal. It shall be the duty of the city clerk to collect all impound and boarding fees before releasing an animal.

(e)    Unlicensed dogs and cats to be licensed before release. If an impounded dog or cat is unlicensed, in addition to the impoundment and boarding fees set forth herein, the dog or cat shall not be released without the payment of the license fee required by Section 5-16, except that if the impounded dog or cat has not had its proper vaccinations to be registered a one hundred dollar ($100.00) cash deposit shall be posted with the city clerk or their designated agent(s) until proof of registration is presented. A dog or cat released under cash deposit shall be registered within two (2) working days after release. If the dog or cat 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 animals. If any impounded animal is not redeemed within seven (7) days of impoundment, the animal shall be offered for adoption at the city animal shelter or transferred to a cooperating animal shelter as defined in 20 V.S.A. § 3901. If any unredeemed animal is not adopted because of disease, temperament or other cause, it shall be euthanized. The impoundment period may be waived by the director of the animal shelter in the 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 an animal under provisions of this article or releases, or who attempts to release, an impounded animal 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 animal under this chapter, the enforcement official shall make every reasonable attempt to notify the owner of the impounded animal 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; Ord. of 3-24-25)

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 three hundred dollars ($300.00) to five hundred dollars ($500.00).

(Ord. of 6-23-97; Ord. of 3-24-25)

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, one (1) licensed veterinarian, and one (1) certified animal behavior professional 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)    Dangerous dogs. Upon written complaint received or initiated by the Burlington police department that a dog is alleged to be dangerous as defined in Section 5-13, the animal control committee may hold a hearing on the facts of the complaint and, if the dog is found to be dangerous, 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 euthanasia. 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 (12) month period, the animal control committee may, at the request of an enforcement official, 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 euthanasia. 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 three hundred dollars ($300.00) to five hundred dollars ($500.00).

(Ord. of 6-23-97; Ord. of 8-14-00; Ord. of 3-24-25)

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 enforcement official or member of a fire and rescue service may use reasonable force to remove any such animal from a motor vehicle. The enforcement official, fire, and/or rescue personnel may not be held subject to criminal or civil liability for any damage resulting from actions taken under subsection (a) of this section. If the aforementioned enforcement official/personnel are unavailable, a person who forcibly enters a motor vehicle for actions taken under subsection (a) of this section shall not be subject to criminal or civil liability for damage resulting from the forcible entry if the person: (1) determines the motor vehicle is locked or there is otherwise no reasonable method for the animal to exit the vehicle; (2) reasonably and in good faith believes that forcible entry into the motor vehicle is necessary because the animal is in imminent danger of harm; (3) notifies an enforcement official, or member of a fire and rescue service prior to forcibly entering the vehicle; (4) remains with the animal in a safe location reasonably close to the motor vehicle until an enforcement official or member of a fire and rescue service arrives; (5) places a notice on the vehicle that the authorities have been notified and specifying the location of the animal; and (6) uses no more force to enter the vehicle and remove the animal than necessary under the circumstances. An enforcement official and/or personnel shall deliver the animal to a humane society, veterinarian or the city animal shelter. If the owner of the animal cannot be found, the enforcement official/personnel shall place a written notice in the vehicle, bearing the name of the official/personnel 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.

(c)    A violation of this section shall be a civil violation subject to the penalties imposed by Section 5-24.

(Ord. of 12-16-13(1); Ord. of 3-24-25)

5-29 Abandonment of injured animal.

(a)    A person shall not leave the scene of an accident in which such person has reason to believe that they have caused the injury or death of a domestic animal. Such person shall immediately contact an enforcement official, and make a reasonable effort to immediately contact the owner of the animal. If the animal is injured wildlife, the person shall contact an enforcement official or a licensed wildlife rehabilitator for assistance.

(b)    A violation of this section shall be a civil violation subject to the penalties imposed by Section 5-24.

(Ord. of 3-24-25)